Tracy City Council
December 6, 2022

Date Posted: December 1, 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-v
erse 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: 2550 788 4900 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 d ialing +1-408-418-9388, enter 25507884900#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, December 6, 2022, 7:00 P.M.

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

TRACY CITY COUNCIL AGENDA 2 December 6, 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 December 6, 2022

CALL TO ORDER

PLEDGE OF ALLEGIANCE

INVOCATION

ROLL CALL

PRESENTATIONS

1. Employee of the Month

2. Certificate of Recognition – Parks and Community Service Commission

1. CONSENT CALENDAR

1.A. Adopt the November 15, 2022, Closed Session and Regular Meeting Minutes.

1.B. Adopt a Resolution making findings and re-authorizing remote teleconference meetings of the City Council and all legislative bodies of the City of Tracy for the period from December 7, 2022 through January 5, 2023 pursuant to the Brown Act.

1.C. Adopt a resolution authorizing the appointment of five youth Commissioners to the Youth Advisory Commission based upon the interview and selection panel recommendations.

1.D. Adopt a resolution approving an amendment to a Professional Services Agreement with Harris & Associates, Inc. to extend the term for an additional one year with a not to exceed amount of $100,000 for administrative, engineering, and financial services for the Tracy Consolidated Landscape Maintenance District.

1.E. Adopt a Resolution Adopting the Regular Meeting Calendar of the Tracy City Council for Calendar Year 2023.

1.F. City Council 1) adopt a resolution approving a Quitclaim Deed for the conveyance of a three (3) foot wide temporary construction easement back to Tracy Alliance Group, LLC, and 2) authorize the City Clerk to sign the Quitclaim Deed and file the Deed with the Office of the San Joaquin County Recorder.

1.G. Adopt a resolution declaring certain vehicles and equipment as surplus and approving their sale at public auction.

1.H. Adopt a Resolution authorizing 1) amendments to the City’s Classification and Compensation Plans and Master Salary Schedule to increase the salary of the Economic Development Manager position, enable the internal alignment of various classifications, and comply with mandatory State minimum wage increases effective January 1, 2023, and 2) the adoption of a Compensation Philosophy as a guiding document for compensation.

1.I. Approve the Inspection Improvement Agreement for Tract 4135, Tracy Hills Village 7, in Tracy Hills Phase 2 between City and Lennar Homes of California, LLC to proceed with the construction of street and utility improvements.

TRACY CITY COUNCIL AGENDA 4 December 6, 2022

1.J. Approve the Inspection Improvement Agreement for Tract 4136, Tracy Hills Village 8, in Tracy Hills Phase 2 between City and Lennar Homes of California, LLC, to proceed with the construction of street and utility improvements.

1.K. Approve the Inspection Improvement Agreement for Tract 4137, Tracy Hills Village 9, in Tracy Hills Phase 2 between City and Lennar Homes of California, LLC to proceed with the construction of street and utility improvements.

1.L. Approve the Inspection Improvement Agreement for Tract 4138, Tracy Hills Village 10, in Tracy Hills Phase 2 between City and Lennar Homes of California, LLC, to proceed with the construction of street and utility improvements.

1.M. Adopt a Resolutin (1) the City Council reject all bids for the El Pescadero Park Sound Wall Extension Project, CIP 71116, (2) that CIP 71116 be closed, and (3) that the remaining project funds be returned to the General Projects Fund (F301) fund balance.

1.N. Approve the Offsite Improvement Agreement for the MacArthur Retail Center between City and Winters Gateway, Inc., for the roadway improvements, utility connections, and overhead utility undergrounding improvements in connection with applications D19-0012, and G21-0008.

1.O. City Council, for the Valpico Glenbriar Apartment Project located at Valpico Road and MacArthur Drive (Apartments Project): (1) Waive the second reading and adopt an Ordinance: (A) Adopting a Negative Declaration for the expansion of the Apartments Project parking lot to include a portion of the rear yard of the property located at 2625 S.

Macarthur Drive (Parking Site) in accordance with the California Environmental Quality Act (CEQA); (B) Approving a General Plan Amendment redesignating the Parking Site from Commercial to Residential High (GPA22-0003); (C) Amending the Zone District of the Parking Site from Community Shopping Center to High Density Residential (R22- 0002); (D) Approving a Development Review Permit expanding the Valpico Glenbriar Apartment Parking Lot to include a portion of the rear yard at 2625 S. MacArthur Drive (D22-0013); and (2) Adopt a Resolution (A) Determining the addition of a perimeter fence/gate to the Valpico Glenbriar Apartments Project located at 351 E. Valpico Road (Application Number D22-0005) is exempt from CEQA pursuant to CEQA Guidelines Section 15303(e), and (B) Approving a Development Review Permit for the addition of a perimeter fence and gates to the Apartments Project site.

1.P. Approve the Offsite Improvement Agreement between City, Woodside 05N, LP, and Surland Communities, LLC for the construction of Detention Basin 3A.

2. ITEMS FROM THE AUDIENCE

3. REGULAR AGENDA

3.A. City Council receive the annual report by the Measure V Residents' Oversight Committee presenting their findings regarding the use of Measure V funds.

TRACY CITY COUNCIL AGENDA 5 December 6, 2022

3.B. Adopt an Ordinance: 1) repealing the 2019 edition of the California Building Code, Fire Code, Mechanical Code, Plumbing Code, Energy Code, Residential Code, Existing Building Code, Green Standards Building Code, and the Historic Building Code, all codified under Tracy Municipal Code Title 9; 2) making findings to substantiate modifications to the 2022 California Building Codes and Standards, due to local climatic, geological or topographical conditions; 3) adopting, with local amendments, the 2022 California Building Codes and Standards, and codifying the same as Tracy Municipal Code Title 9; 4) adopting Appendices C, F, H, I, K, P under the California Building Code, Appendices D and G under the Mechanical Code, Appendices A, B, C, D, E, G, H, I, J and K under the Plumbing Code, Appendices H, I, O, R, S, W, Y, Z under the Residential Code, Appendix A under the Historical Building Code, and Appendices B, BB, C, CC, D, F, H, L, N, and O under the Fire Code, and codifying the same as Tracy Municipal Code Title 9; and 5) adopting California Environmental Quality Act Exemption Findings.

3.C

3.D
Adopt a resolution: (1) dispensing, retroactively and prospectively, the bidding requirements under the California Public Contract Code (PCC) and Tracy Municipal Code (TMC) Section

2.20.260 for construction of interim housing solutions to address the City of Tracy’s shelter emergency
(previously declared under Resolution No. 2022-121 and California Government Code
Section 8698.4); (2) authorizing the City Manager to take any directly related and immediate actions required by the sh elter em ergency, without giving notice for bids to let contracts, pursuant to PCC Section 22050 and TMC section 2.20.270(a); and (3) adopting requisite findings under the California Environmental Quality Act.

Staff recommends that the City Council adopt a resolution (1) ratifying, retroactively and prospectively, the following two construction contracts: (a) Tennyson Electric, Inc. (Tennyson) in the amount of $125,000 for work performed and $125,000 in anticipated work; (b) Tracy Grading & Paving (Tracy Grading) in the amount of $220,000 for work performed; (2) (a) Authorizing an appropriation of $470,000 from the City of Tracy’s General Fund to
fund the Tennyson and Tracy Grading contracts; and (b) amending the FY 2022-23 operating and capital budget to reflect such appropriation; (3) granting, retroactively and prospectively, to the City Manager additional authority to execute change orders to the contract awarded to GradeTech, Inc. for Capital Improvement Project (CIP) 71112 Arbor Temporary Emergency H ousing Project in the original amount of $1,978,480 as follows: (a) $790,000 for work performed; and (b) $300,000 in anticipated work; and (4) adopting requisite findings under the California Environmental Quality Act.

3.E. Adopt a Resolution authorizing 1) amendments to the Employment Agreement dated December 13, 2021, between Michael Rogers and the City of Tracy, to reflect a merit increase of 6% for an annual base salary of $286,536 and other increases to total compensation and benefits, and 2) amending the Master Salary Schedule relating to the City Manager, effective December 11, 2022, to reflect such amendments.

3.F. City Council 1) adopt a resolution approving the City’s response to the 2021/2022 San Joaquin County Grand Jury Report on Cybersecurity, Case No. 0321 (2021/2022), and 2) authorize the Mayor to sign the Response Letter.

4. ITEM

S FROM THE AUDIENCE
TRACY CITY COUNCIL AGENDA 6 December 6, 2022

5. STAFF ITEMS

6. COUNCIL ITEMS

7. ADJOURNMENT

TRACY CITY COUNCIL - SPECIAL MEETING MINUTES

November 15, 2022, 6:00 p.m.

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

1. Mayor Young called the meeting to order at 6:00 p.m.

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

Council Member Arriola arrived at 6:01 p.m.

3. ITEMS FROM THE AUDIENCE – None

4. Request to Conduct Closed Session
A. Personnel Matter (Gov. Code § 54957(b)(1))

Public Employee Evaluation of Performance

Position Title: City Manager

There was no public comment on the item.

ACTION: Motion was made by Mayor Pro Tem Vargas and seconded by Council Member Davis to recess to closed session. Roll call found Council Members Arriola, Bedolla, Davis, Mayor Pro Tem Vargas and Mayor Young in favor; passed and so ordered. Time: 6:02 p.m.

5. Reconvened to Open Session – Time: 7:20 p.m.

6. Report of Final Action – None

7. Council Items and Comments – None

8. Adjournment – Time: 7:21 p.m.

ACTION: Motion was made by Mayor Pro Tem Vargas 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 November 10, 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

November 15, 2022, 7:00 p.m.

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

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

Mayor Young led the Pledge of Allegiance.

Pastor Kalvin Waetzig, Saint Paul’s Lutheran provided
the invocation.

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

Mayor Young requested a moment of silence to recognize and honor Don Castellon, a 29-year employee of City of Tracy in the Public Works Department, who passed away on October 5, 2022.

Mayor Young recognized the DARE students.

1. CONSENT CALENDAR – Council Member Davis announced she would be recusing herself from voting on Consent Item 1.G. Following the removal of Consent Item 1.J by Karen Moore motion was made by Mayor Pro Tem Vargas and seconded by Council Member Arriola to adopt the Consent Calendar. Roll call found all in favor; passed and so ordered.

1.A Adopt the November 1, 2
022, Closed Session and 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 November 16, 2022 through December 15, 2022 pursuant to the Brown Act. – Resolution 2022-169 made findings and re-authorized remote teleconference meetings of the City Council and all legislative bodies.

1.C City Council 1) adopt a resolution approving the Off-s ite Improvement Agreement between City and 7-Eleven, Inc. for offsite improvements, and 2) authorize the City Clerk to file the agreement with the Office of the San Joaquin County Recorder.– Resolution 2022-170 approved the Off-Site Improvement Agreement with 7-Eleven, Inc.

1.D A dopt a resolution approving increased maximum fees charged by private towing service operators for services rendered to reflect increased operating expenses. - Resolution 2022-171 approved increasing maximum fees charged by private towing service operators for services to reflect increased operating expenses.

1.E C
ity Council 1) approve the Offsite Improvement Agreement between City and Prologis, L. P. for the construction of roadway and utility improvements of International Park of Commerce (IPC) Retail Frontage Street Improvements, and Regular Meeting Minutes 2 November 15, 2022

2) authorize the City Clerk to file the agreement with the Office of the San Joaquin County Recorder.– Resolution 2022-172 approved Offsite Improvement Agreement with Prologis, L.P. for International Park of Commerce Retail Frontage Street Improvements.

1.F A dopt a resolution approving Amendment No.1 to the Professional Services Agreement with Dokken Engineering, Inc. to amend the scope for the development of Project Approval (PA) and Environmental Document (ED) for I- 205/Chrisman Road New Interchange Project CIP 73109, Federal Project # HPLULN -5192(034), and increase the compensation by an additional $690,014, for a total contract amount of $1,516,933. – Resolution 2022-173 approved Amendment No. 1 to the Professional Services Agreement with Dokken Engineering, Inc.

1.G C
ity Council 1) approve the Final Subdivision Map for Tract 3900 – Ellis Estate Lots and Limited Use Area, and 2) authorize the City Clerk to file the approved Final Map with the San Joaquin County Recorder. – Resolution 2022-174 approved the Final Subdivision Map for Tract 3900 – Ellis Estate Lots and Limited Use Area. Council Member Davis recused herself from voting on the item.

1.H A dopt
a resolution approving an On-Call Professional Services list for landscape architectural, plan check, inspection, and project management services with:

Callander & Associates, Griffin Structures, LPA Inc., Nuvis Landscape Architecture, O’Dell Engineering, Verde Design Inc., and WRT Inc. for a five-year term. – Resolution 2022-175 approved an On-Call Professional Services list with Callander & Associates, Griffin Structures, LPA Inc., Nuvis Landscape Architecture, O’Dell Engineering, Verde Design Inc., and WRT Inc. for a five-year term.

1.I City Council 1) authorize the City of Trac
y to enter into a Disbursement
Agreement with developer, Bodal Properties, LLC. to disburse grant funding in the amount of $500,000 awarded to the City of Tracy through the San Joaquin Council of Government (“SJCOG”)’s Job Balancing Investment Fund (JBIF) program for the Edgewood Commercial Center off-site improvements and 2) authorize the City Manager to sign the Disbursement Agreement on behalf of the City. – Resolution 2022-176 authorized the Disbursement Agreement with Bodal Properties, LLC., to disburse grant funding for the Edgewood Commercial Center off-site improvements.

1.J Adopt
a resolution approving Amendment No. 1 to the Professional Services Agreement with LPA, Inc. for additional design and planning services for the Multi-Generational Recreation Center (CIP 78178), increasing the not to exceed amount by $3,250,239 for a total not to exceed amount of $6,593,758.

Karen Moore pulled the item to ask about the process the City used to determine the selection of LPA, Inc.

Richard Joaquin, Parks Planning and Development Manager responded to questions.

Regular Meeting Minutes 3 November 15, 2022

Robert Tanner asked why the cost of the Multi-Generational Recreational Center keeps increasing.

ACTION: Motion was made by Mayor Pro Tem Vargas and seconded by Council Member Davis to adopt Resolution 2022-177 approving Amendment No. 1 to the Professional Services Agreement with LPA, Inc. for additional design and planning services for the Multi-Generational Recreation Center (CIP 78178), increasing the not to exceed amount by $3,250,239 for a total not to exceed amount of $6,593,758. Roll call found all in favor; passed and so ordered.

2. ITEMS FROM THE AUDIENCE – Dan Schack stated the nominations for Citizen of the Year and Professional of the Year are due to the Chamber of Commerce tomorrow and he planned on nominating Dino Margaros who passed away on September 21, 2022. Mr.

Schack requested support of his petition to submit with his nomination and invited people to come to his office tomorrow or email him to sign the petition.

Mary Mitracos asked about the status of Tracy’s Forestry Management Plan. Ms.

Mitracos stated her husband sent an email to staff but did not get a response.

Robert Tanner shared concerns regarding sidewalks being higher than streets at crosswalks in older areas and down 11
th Street adding people using wheelchairs or
walkers can trip. Mr. Tanner congratulated Nancy Young on being elected as Mayor but shared his concerns regarding freedom of speech being curtailed.

Karen Moore congratulated Council on the Election results; was grateful to have Mayor Young and Council Member Arriola winning the races and appreciates that we are not having these all-night Council meetings because the Mayor limits the speakers.

3. REGULAR AGENDA

3.A A dopt a resolution amending the San Joaquin County Multi -Species Habitat Conservation and Open Space Plan Development Fee for 2023.

Bill Dean, Assistant Development Services Director provided the staff report.

Council questions and comments followed.

Rod Attebery, Neumiller & Beardslee responded to Council questions.

There was no public comment.

ACTION: Motion was made by Mayor Young and seconded by Mayor Pro Tem Vargas to open the public hearing and requested that all comments be retroactively included in the record for the public hearing. Roll call found all in favor; passed and so ordered.

Mayor Young closed the public hearing.

ACTION: Motion was made by Mayor Pro Tem Vargas and seconded by Council Member Bedolla to adopt Resolution 2022-178 approving the 2023 Development Fee for Regular Meeting Minutes 4 November 15, 2022

the San Joaquin County Multi-Species Habitat Conservation and Open Space Plan. Roll call found all in favor; passed and so ordered.

3.B Conduct a Public Hearing, and upon conclusion, adopt, for the Valpico Glenbriar Apartment Project Located at Valpico Road and MacArthur Drive (Apartments Project), as recommended by the Planning Commission: (1) An Ordinance: (A) Adopting a Negative Declaration for the expansion of the Apartments Project parking lot to include a portion of the rear yard of the property located at 2625 S.

Macarthur Drive (Parking Site) in accordance with the California Environmental Quality Act (CEQA); (B) Approving a General Plan Amendment redesignating the Parking Site from Commercial to Residential High (GPA22-0003); (C) Amending the Zone District of the Parking Site from Community Shopping Center to High Density Residential (R22-0002); (D) Approving a Development Review Permit expanding the Valpico Glenbriar Apartment Parking Lot to include a portion of the rear yard at 2625 S. MacArthur Drive (D22-0013); And (2) A Resolution denying a Development Review Permit for the addition of a perimeter fence and gates to the Apartments Project site (D22-0005) .

Mayor Young opened the public hearing.

Alan Bell, Senior Planner provided the staff report and responded to questions.

Council questions and comments followed.

Alex Glick, Development Manager – Guardian Capital provided a presentation and responded to questions.

Tim Silva spoke about crime in gated communities or fenced off areas like RV storage places adding we still have to rely on citizens and neighborhood watch groups which are more effective. Mr. Silva asked for clarification regarding 1.5/8 parking spaces, stated any new developments are supposed to fit into our master bike plan, and shared concerns regarding cyclists using Valpico Road.

Mary Mitracos stated the General Plan specifically says we do not want more gated communities or fencing than is necessary as Tracy was a small hometown community, Council needs to support the Planning Commission; they look at the General Plan frequently and added she would like to not see any gates.

Karen Moore stated she was at the Planning meeting and the reason the General Plan says that is because of connectivity. Ms. Moore added Vision Zero found that most pedestrian and bicycle fatalities occur on streets that are higher miles per hour. Valpico is a faster street than if they can go through apartment complexes or residential areas. Redbridge is a gated community, but now because of the gate there is not connectivity. The City needs to think about what the General Plans says and why.

Cynthia Comacho stated residents were told that when the apartment complex was in the planning stage that Valpico Road widening was going to be done, and residents in surrounding subdivisions would not be affected. The complex is going to cause a lot of traffic and stress and burden on residents that already use Regular Meeting Minutes 5 November 15, 2022

that road and asked for clarification that Valpico Road widening is going to be worked on sooner or later.

Robert Armijo, City Engineer responded to questions.

City Council questions and comments continued.

Mayor Young closed the public hearing.

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

ACTION: Motion was made by Mayor Pro Tem Vargas and seconded by Council Member Davis to introduce an Ordinance for the Valpico Glenbriar Apartment Project located at Valpico Road and MacArthur Drive (Apartments Project): (A) Adopting a Negative Declaration for the expansion of the Apartments Project Parking Lot to include a portion of the rear yard of the property located at 2625 S. MacArthur Drive (Parking Site) in accordance with the California Environmental Quality Act (CEQA); (B) Approving a General Plan Amendment redesignating the parking site from commercial to residential high (GPA22-0003); (C) Amending the zone district of the parking site from community shopping center to high density residential (R22-0002); and (D) Approving a Development Review Permit expanding the Apartments Project Parking Lot to include a portion of the rear yard located at 2625 S. MacArthur Drive (D22-0013). Roll call found all in favor; passed and so ordered.

Motion was made by Mayor Pro Tem Vargas and seconded by Council Member Davis to adopt a Resolution to approve a Development Review Permit for the addition of a perimeter fence and gates to the Valpico Glenbriar Apartments Project, 351 E. Valpico Road (Application Number D22-0005).

Bijal Patel, City Attorney explained what is before Council is a recommendation by the Planning Commission. It has a resolution with the requisite findings for their determination for a denial. If Council choses to overturn that and approve it Council needs to continue the item and have staff come back with a resolution with the correct findings to approve it. This is in context of a land use permit which has to have a specific set of findings to support the determination. If a different recommendation is made, staff needs to make new findings.

Council comments and questions to the City Attorney followed regarding bringing back a new resolution for Council to approve the Development Review Permit.

ACTION: It was moved by Mayor Pro Tem Vargas and seconded by Council Member Davis to modify Mayor Pro Tem Vargas’s previous motion to bring back the resolution to approve the Development Review Permit at the time of the second reading of the ordinance at the December 6, 2022, Council meeting. Roll call found all in favor; passed and so ordered.

3.C Adopt a Resolution: (1) Declaring, as exempt surplus property under Government Code Section 54221(G), a sub-portion of the property owned by the City of Tracy located at 5749 South Tracy Blvd, APN 25311031/25311016 commonly known as the Tracy Airport, to allow a future long-term lease with Riya Regular Meeting Minutes 6 November 15, 2022

Enterprises; and (2) Repealing Resolution 2022-140 that declared the entire Tracy Airport and the City-Owned property located at 505 E. Durham Ferry Road APN 25527008, commonly known as the New Jerusalem Airport, as exempt surplus.

Karin Schnaider, Assistant City Manager provided the staff report.

Tim Silva encouraged Council to adopt a Lease Agreement with Skyview as he does not want to hold Skyview back from expanding. Mr. Silva wanted to keep New Jerusalem open for new projects. As long as we keep it to Tracy Airport on Tracy Blvd, he was comfortable with that.

Council questions and comments followed.

ACTION: Motion was made by Council Member Davis and seconded by Council Member Arriola to adopt Resolution 2022-179 (1) Declaring, as exempt surplus property under Government Code Section 54221(G), a sub-portion of the property owned by the City of Tracy located at 5749 South Tracy Blvd, APN 25311031/25311016, commonly known as the Tracy Airport, to allow a future long-term lease with RIYA Enterprises; and (2) Repealing Resolution 2022-140 that declared the entire Tracy Airport and the City-owned property located at 505 E. Durham Ferry Road APN 25527008, commonly known as the New Jerusalem Airport, as exempt surplus. Roll call found all in favor; passed and so ordered.

3.D A
pprove a Resolution adopting the 2023 Biennial Legislative Platform (Platform) and, as a supplement to the Legislative Response Policy adopted by Resolution 2004-208, require that the Platform be adopted every two years during the City Council’s Biennial Strategic Planning Retreat.

Karin Schnaider, Assistant City Manager provided the staff report.

Council questions and comments followed.

Council Member Davis requested supporting legislation that supports our ability as a city to have local control regarding housing. Mayor Young supported the request.

Tim Silva supported the legislative package, and the funding priorities as it gives residents a clear view that our funding priorities are based on the readiness of projects, will give linear line for all Councils to see and liked that our Council can go to D.C. and talk to elected representatives about funding. The City needs that funding at Federal, State and County level.

Mary Mitracos supported the item and stated over 20 years ago she asked staff to pay attention with what was going on with the County that affects Tracy. Ms.

Mitracos was happy the City is talking about maintaining ties with neighbors regionally but also entire State and Federal Government. Great progression.

Karen Moore asked why the Aquatic Park is not on the list.

Council questions and comments followed.

Regular Meeting Minutes 7 November 15, 2022

Mayor Young requested putting the Aquatic Center on the list and actively pursing it.

ACTION: Motion was made by Council Member Arriola and seconded by Council Member Bedolla to adopt Resolution 2022-180 approving the 2023 Biennial Legislative Platform, and as a supplement to the Legislative Response Policy adopted by Resolution 2004-208, requiring that the platform be adopted every two years during the City Council’s Biennial Strategic Planning Retreat. Roll call found all in favor; passed and so ordered.

3.E A ppoi
nt, by motion, a subcommittee of two Council Members, and an alternate, to interview applicants to fill one term vacancy on the Tracy Parks and Community Services Commission.

Adrianne Richardson, City Clerk provided the staff report.

Council questions and comments followed.

There was no public comment.

ACTION: Motion was made by Mayor Pro Tem Vargas and seconded by Council Member Davis to appoint Council Member Davis and Mayor Pro Tem Vargas to the subcommittee and Mayor Young to serve as alternate to interview applicants to fill one term vacancy on the Parks and Community Services Commission. Roll call found all in favor; passed and so ordered.

4. ITEMS FROM THE AUDIENCE – Mayor Young mentioned a public comment was received via email from Raghu regarding the Aquatic Center.

Karen Moore stated the community is experiencing a high number of respiratory issues and encouraged everyone to have a flu shot.

Charles Jones spoke in support of the City’s homeless program, thanked the City as someone with family Veterans that are suffering from war trauma for building a program that helps uplift the most vulnerable and rejoin the community at large. Mr. Jones thanked staff for putting together their plans, research and implementing the plans and thanked Council Member Arriola for defending staff who often get blamed for things.

Mr. Jones also spoke about needing more affordable housing in Tracy, the average rent is high.

5. STAFF ITEMS – Michael Rogers, City Manager provided update on the following:

• Temporary Traffic Signal Update - The temporary traffic signal at Valpico and Corral Hollow is currently set to flash and will become fully operational with video vehicle detection, by Thursday afternoon.
• Corral Hollow Corridor Website Launch - A new Corral Hollow Corridor website has been launched, highlighting the seven construction and improvement phases along Corral Hollow Road. The new site features an interactive map that highlights current and future construction locations, provides updates on active road work, progress photos, anticipated timelines, and a resource section with frequently asked Regular Meeting Minutes 8 November 15, 2022

questions. It also provides the opportunity to connect directly with the City to ask questions about the Corral Hollow Corridor projects. Website is:
www.CHcorridor.com
• Upcoming Grand Events - Open Mic Night at The Grand this Thursday – sign-ups are at 6:30 p.m., begins at 7:00 p.m. Visit AtTheGrand.org to learn more. • Interim Shelter Update – Happy to share that after staff worked around the clock and through the weekend, the soft opening of the Interim Shelter on Arbor Road is taking place this week. Our team has already supported the successful transition of 14 individuals (and their animals) to our facility so they have a safe, warm place to stay tonight. TRACER will begin providing bus service between the Transit Station and Interim Shelter starting tomorrow. Citynet has a “Go Team” onsite and is currently recruiting for positions: Visit CityNet.org
• The RADCard program is back just in time for the holidays! The first round of funding went very fast and the County expects this second round of $500k that will be released tomorrow at noon.
• City Holiday Closures – City offices will be closed next Thursday and Friday in observance of the Thanksgiving holiday, happy Thanksgiving to everyone.

6. COUNCIL ITEMS – Mayor Pro Tem Vargas wished everyone a happy Thanksgiving and asked if the City has a turkey trot.

Council Member Arriola wished everyone a happy Thanksgiving adding he will be in Idaho for a week and the following week will be in Washington D.C. at the International LGBTQ Victory Conference.

Council Member Davis requested support for a memo or update regarding when the General Plan will be coming back to Council. Mayor Pro Tem Vargas supported the request.

Council Member Davis requested support for staff to look at how to accelerate the expansion of Valpico Road. Council Member Arriola supported the request.

Council Member Davis asked when the Tracy Urban Forestry Management Plan will be coming back. Mayor Pro Tem Vargas supported the request.

Council Member Davis requested support for a way of taking a proactive approach on analyzing the conditions of our sidewalks in an effort to be more ADA compliant and friendly. Mayor Pro Tem Vargas and Council Member Bedolla supported the request.

Council Member Davis stated it was a beautiful Veterans Day ceremony and thanked the VFW Post 1537 and James McDermott American Legion Post 172 for organizing the event. Council Member Davis asked when Council will be discussing the One Voice trip and wished everyone a happy Thanksgiving.

Mayor Young thanked those who voted for her and congratulated Council Member Arriola for being re-elected to City Council. Mayor Young announced on November 16, 2022, at West High School in the gym there will be the Anti bullying Red Carpet Award ceremony at 5:30 p.m. – 7:00 p.m. The theme is Don’t stand by, stand up against bullying. Students will be recognized for their efforts against bullying. Mayor Young explained how the RADCard works which is used in the County. Mayor Young wished Regular Meeting Minutes 9 November 15, 2022

everyone a happy Thanksgiving to all, announced her birthday is December 1, and the Downtown Tracy Parade of Lights is on December 3, 2022, on 10th and B Streets and 6th Street and Central Ave.

7. ADJOURNMENT – Time: 10:39 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 November 10, 2022. The above are action minutes. A recording is available at the office of the City Clerk.

____________________________
Mayor

ATTEST:

__________________________
City Clerk
December 6, 2022

Agenda Item 1.B

RECOMMENDATION

Staff recommends that the City Council adopt a Resolution making findings and re- authorizing remote teleconference meetings of the City Council and all legislative bodies of the City of Tracy for the period from December 7, 2022 through January 5, 2023 pursuant to the Brown Act.

EXECUTIVE SUMMARY

AB 361 allows legislative bodies to use abbreviated teleconferencing procedures during a declared state of emergency upon the making of required findings. These abbreviated procedures allow a body to conduct remote teleconference meetings without compliance with paragraph (3) of subdivision (b) of section 54953 of the Ralph M. Brown Act (Cal. Gov. Code section 54950 – 54963).

BACKGROUND AND LEGISLATIVE HISTORY

On March 17, 2020, the City Council of the City of Tracy ratified the declaration of an emergency by the City Manager due to COVID-19 in accordance with Chapter 3.26 of the Tracy Municipal Code. The City Council subsequently adopted resolutions with requisite findings authorizing remote teleconference meetings of the City Council and all legislative bodies of the City of Tracy, including Boards and Commissions, pursuant to AB 361.

While the City has allowed in-person attendance at City Council meetings, the City is experiencing an increase in rates of COVID-19 cases within the County of San Joaquin and amongst the City staff pool. Due to this increase, the City reinstated social distancing protocols at in-person attendance at City Hall and encouraged the use of teleconferencing for City Council meetings.

On November 15, 2022, City Council adopted Resolution 2022-169, which made findings and authorized remote teleconference meetings of the City Council and all legislative bodies of the City of Tracy, including Boards and Commissions, for the period of November 16, 2022 through December 15, 2022. In order to maintain compliance with Section 54953(e) of the Ralph M.

Brown Act (Gov. Code section 54950 – 54963) which allows the continued use of teleconferencing, Council must make the required findings and re-authorize remote teleconferencing meetings of the legislative bodies for the City of Tracy.

This item requests that the City Council approve this proposed action for continued compliance with the Brown Act.

On June 11, 2021, Governor Newsom issued Executive Order N-08-21, which among other things rescinded his prior Executive Order N-29-20 and set a date of October 1, 2021, for public agencies to transition back to public meetings held in full compliance with the Brown Act.

Agenda Item 1.B
December 6, 2022

As the Delta variant has surged in California, the Legislature took action to extend the COVID- 19 exceptions to the Brown Act’s teleconference requirements, subject to some additional safeguards. On September 16, 2021, Governor Newsom signed Assembly Bill 361, to allow a local agency to use teleconferencing if certain circumstances exist without complying with the Brown Act’s traditional agenda posting, physical access, and quorum requirements for teleconferencing provisions (Attachment A).

The goal of AB 361 is “to improve and enhance public access to local agency meetings during the COVID-19 pandemic and future applicable emergencies, by allowing broader access through teleconferencing options” consistent with Executive Order N-29-20. The bill contains an urgency clause, which made the bill effective upon signing with a sunset date of January 1, 2024.

The new Section 54953(e)(1) of the Brown Act, as amended by AB 361, allows legislative bodies to continue to meet via teleconference without complying with the Brown Act’s teleconferencing requirements, but only during a state of emergency proclaimed by the Governor, in which, 1) state or local health officials have imposed or recommended measures to promote social distancing, or 2) the legislative body has determined by majority vote that meeting in person would present an imminent risk to the health or safety of the attendees.

A local agency that holds a meeting under these circumstances would be required by AB 361 to follow the steps listed below, in addition to giving notice of the meeting and posting agendas as required under the Brown Act. These additional requirements are intended to protect the public’s right to participate in the meetings of local agency legislative bodies.

Pursuant to AB 361 local agencies are required to do all of the following in addition to meeting notice requirements under the Brown Act:

• Allow the public to access the meeting and require that the agenda provide an opportunity for the public to directly address the legislative body pursuant to the Brown Act’s other teleconferencing provisions.
• In each instance when the local agency provides notice of the teleconferenced meeting or posts its agenda, give notice for how the public can access the meeting and provide public comment.
• Identify and include in the agenda an opportunity for all persons to attend via a call- in or an internet-based service option; the legislative body needs not provide a physical location for the public to attend or provide comments. • Conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the public.
• Stop the meeting until public access is restored in the event of a service disruption that either prevents the local agency from broadcasting the meeting to the public using the call-in or internet-based service option or is within the local agency’s control and prevents the public from submitting public comments (any actions taken during such a service disruption can be challenged under the Brown Act’s existing challenge provisions).
• Not require comments be submitted in advance (though the legislative body may provide that as an option) and provide the opportunity to comment in real-time. • Provide adequate time for public comment, either by establishing a timed public

Agenda Item 1.B
December 6, 2022

comment period or by allowing a reasonable amount of time to comment. • If the legislative body uses a third-party website or platform to host the teleconference, and the third-party service requires users to register to participate, the legislative body must provide adequate time during the comment period for users to register and may not close the registration comment period until the comment period has elapsed.

ANALYSIS

While the City has allowed in-person attendance at City Council meetings, the City is experiencing an increase in rates of COVID-19 cases within the County of San Joaquin and amongst the City staff pool. The San Joaquin County Public Health Services provided an update to the City Council of this situation at the June 7, 2022 meeting. In addition, the Human Resources Department of the City of Tracy has documented an increase in COVID-19 positive test rates amongst City staff in recent weeks. To minimize the exposure to COVID-19 from this recent surge, the City is reinstating social distancing protocols at in-person attendance at City Hall and encouraging the use of teleconferencing for City Council meetings.

Given these changed circumstances created by the increasing rates of COVID-19, the recommendation is that City Council make the following finds by majority vote every 30 days to continue using the bill’s exemption to the Brown Act teleconferencing rules.

If Council approves the proposed resolution, staff will present a staff report to Council every thirty days to verify that the circumstances continue to exist.

FISCAL IMPACT

There is no fiscal impact.

STRATEGIC PLAN

This agenda item relates to the City Council’s Strategic Priorities in the area of Public Safety (Goal #1 Support COVID-19 Public Health Recovery).

ACTION REQUESTED OF THE CITY COUNCIL

Staff recommends that the City Council adopt a Resolution making findings and re-authorizing remote teleconference meetings of the City Council and all legislative bodies of the City of Tracy for the period from December 7, 2022 through January 5, 2023 pursuant to the Brown Act.

Prepared by: Adrianne Richardson

Reviewed by: Karin Schnaider, Assistant City Manager

Approved by: Michael Rogers, City Manager

Attachments:

A - Assembly Bill

ATTACHMENT A

APPROVED AS TO FORM AND LEGALITY

________________________
CITY ATTORNEY’S OFFICE

TRACY CITY COUNCIL

RESOLUTION NO. _______________

MAKING FINDINGS AND RE -AUTHORIZING REMOTE TELECONFERENCE

MEETINGS OF THE CITY COUNCIL AND ALL LEGISLATIVE BODIES OF THE CITY OF TRACY FOR THE PERIOD OF DECEMBER 7, 2022, TO JANUARY 5, 2023, PURSUANT TO THE BROWN ACT

WHEREAS, The City of Tracy is committed to preserving and nurturing public access and participation in meetings of the City Council; and

WHEREAS, All meetings of the City of Tracy’s legislative bodies are open and public, as required by the Ralph M. Brown Act (Cal. Gov. Code section 54950 – 54963), so that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business; and

WHEREAS, AB 361 allows legislative bodies to use abbreviated teleconferencing procedures during a declared state of emergency upon the making of required findings, so as to allow a body to conduct remote teleconference meetings without compliance with paragraph (3) of subdivision (b) of section 54953 of Brown Act; and

WHEREAS, On March 17, 2020, the City Council of the City of Tracy ratified the declaration of an emergency by the City Manager due to COVID-19 in accordance with Chapter

3.26 of the Tracy Municipal Code; and

WHEREAS, While the City has allowed in-person attendance at City Council meetings, the City is experiencing an increase in rates of COVID-19 cases within the County of San Joaquin and amongst the City staff pool; and

WHEREAS, The San Joaquin County Public Health Services provided an update of the increasing rates at the June 7, 2022, City Council meeting; and

WHEREAS, The Human Resources Department of the City of Tracy has documented an increase in COVID-19 positive test rates amongst City staff in recent weeks; and

WHEREAS, To minimize the exposure to COVID-19 from this recent surge, the City reinstated social distancing protocols at in-person attendance at City Hall and encouraged the use of teleconferencing for City Council meetings; and now therefore be it

RESOLVED:

Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution as findings of this City Council by this reference.

Section 2. Findings. The City Council hereby finds the following:

Resolution 2022-

A. T hat due to COVID-19, including the recent surge being experienced in the City of Tracy, holding City Council and other legislative body meetings exclusively in person will present imminent risk to the health and safety of attendees.

B. That COVID-19 has caused, and will continue to cause, conditions of peril to the safety of persons within the City that are likely to be beyond the control of services, personnel, equipment, and facilities of the City, and desires to affirm a local emergency exists and re-ratify the proclamation of a state of emergency by the Governor of the State of California.

Section 3. Remote Teleconference Meetings. The City Council, including Council subcommittees, and all Boards and Commissions of the City of Tracy are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution including, continuing to conduct open and public meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act for the period of December 7, 2022 through January 5, 2023.

* * * * * * * * * * * * * *

The foregoing Resolution 2022-_____ was adopted by the Tracy City Council on December 6, 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
December 6, 2022
Agenda Item 1.C

RECOMMENDATION
Staff recommends that the City Council adopt a resolution authorizing the appointment of five youth Commissioners to the Youth Advisory Commission based upon the interview and selection panel recommendations.

EXECUTIVE SUMMARY
The bylaws of the Youth Advisory Commission set the minimum number of youth appointed Commissioners at eight, with a maximum limit at fourteen and a maximum of three adult Commissioners. A selection panel was established and made recommendations for five youth to be appointed for a two-year term to fill the existing youth vacancies on the Youth Advisory Com
mission.

BACKGROUND AND LEGISLATIVE HISTORY
The Youth Advisory Commission (YAC) was established by Ci ty Council in 1998 with the purpose of providing youth with an opportunity to m ake a positive impact in their communities and advising the
City Council, Parks and Community Services Commission and staff on matters relating to the welfare of youth in Tracy.

The bylaws are c rafted to include two youth representatives from each of the four comprehensive high schools in the area (Kimball, Millennium, Tracy and West) and the four alternative education high schools (Delta Charter, Duncan-Russell Community Day School, Willow Community Day S chool, and Stein Continuation). The selection process for the Y outh Advisory Commission is to have a diverse group of teens that reflect each of the Tracy area high schools, and who wish to have a voice in their community and be involved in the Commission. Adult Commissioners shall reside wi thin the jurisdiction of any Tracy school district to include one member of the School District and two members of the community who desire to work with youth. Currently the Commission has nine youth and two adult vacancies.

The bylaws of the Youth Advisory Commission call for a selection panel to r eview new applications and make recommendations for appointment to the City Council. Recruitment for the youth and adults Commissioners began on August 22, 2022, with a deadline of September 30, 2022.

ANALYSIS
This year’s interview panel consisted of Parks and Community Services Commissioner Todd Lieberg,
Recreation Coordinator Amanda Jensen, and Recreation Coordinator DeAnna Pombo.

The panel conducted interviews with five students on October 24, 2022. Each of the candidates wer
e rated on a scale of A through D and by school. Due to the limited number of applicants, the panel was able to select all five students. In accordance with Resolution No. 2011-120, the bylaws
call for the selection panel to make their recommendation to the City Council to be Agenda Item 1.C
December 6, 2022

considered annual in July or throughout the year to fill vacant positions when they become available. The selection panel
recommends the following two youth fill the remainder of vacated two-year terms, February 2, 2022, to July 31, 2023: Namitha Anoop from Tracy High and Sisam Bhattarai from Millennium High School and the following three youth to fill the remainder of vacated two
-year terms, from July 31, 2022, to July 31, 2024: Kaavya Mahendran and Ibrahim Shah
from West High School and Archit Bhattacharyya from Kimball High School.

FISCAL
IMPACT
This program is funded in the Parks and Recreation General Fund budget.

PUBLIC OUTREACH/INTEREST
The City recruits new Commissioners on an ongoing basis to fill any vacancies created by outgoing Commissioners. Marketing efforts include City website, social media, outreach t o the various high schools, emails to the various community service clubs in the Tracy community, and any inte
rest cards that have been completed with the City Clerk.

STRATEGIC PLAN
This agenda item is a routine operational item and does not relate to the Council’s Strategic Plans.

ACTION REQUESTED OF THE CITY COUNCIL
Staff recommends that the City Council adopt a resolution authorizing the appointment of five youth Commissioners to the Youth Advisory Commission based upon t he interview and selection panel recomm endations.

Prepared By: Amanda Jensen, Recreation Program Coordinator Reviewed By: Jolene Jauregui, Recreation Program Manager Brian MacDonald, Director of Parks and Recreation
Sara
Cowell, Finance Director
Karin Schnaider, Assistant City Manager
Midori
Lichtwardt, Assistant City Manager
Approved By: Michael Rogers, City Manager

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

CY CITY COUNCIL
RES
OLUTION NO. _______________
AUT

HORIZING THE APPOINTMENT OF FIVE YOUTH COMMISSIONERS TO THE YOUTH

ADVISORY COMMISSION BASED UPON THE INTERVIEW AND SELECTION PANEL

RECOMMENDATIONS
WHERE
AS, the bylaws of the City of Tracy’s Youth Advisory Commission (YAC) call for a minimum of eight to a maximum of fourteen youth Commissioners and a maximum of three adult Commissioners that may sit on the Commission, and WHERE
AS, the eligibility criteria and selection process of YAC Commissioners are established in accordance with Resolution No. 2011-120, and WHERE
AS, the City recruits new Commissioners on an ongoing basis to replace the outgoing Commissioners and existing vacancies, and has established a selection panel to recommend appointees to City Council; and
WHERE
AS, the selection panel recommends the following two youth fill the remainder of vacated two-year terms, February 2, 2022, to July 31, 2023: Namitha Anoop from Tracy High and Sisam Bhattarai from Millennium High School, and the following three youth to fill the remainder of vacated two-year terms, from July 31, 2022, to July 31, 2024: Kaavya Mahendran and Ibrahim Shah from West High School and Archit Bhattacharyya from Kimball High School; and now therefore, be it
RESOL
VED, That the City Council of the City of Tracy hereby approves the appointment of the five youth Commissioners to the Youth Advisory Commission recommended by the selection panel as identified above, and for all recommended terms. * * *
* * * * * * * * * * *
The for
egoing Resolution 2022-________ was passed and adopted by the Tracy City Council on the 6th day of December 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
December 6, 2022
Agenda Item 1.D

RECOMME

NDATION
Staff recommends that the City Council adopt a resolution approving an amendment to a Professional Services Agreement with Harris & Associates, Inc. to extend the term for an additional one year with a not to exceed amount of $100,000 for administrative, engineering, and financial services for the Tracy Consolidated Landscape Maintenance District.

EXECUTIVE SUMMARY
Staff is recommending that a one-year extension for a Professional Services Agreement (PSA) with a not-to-exceed the amount of $100,000, be approved with Harris & Associates, Inc. (“Harris”) for administrative, engineering, and financial services for the Tracy Consolidated Landscape Maintenance District (LMD). The services include the annual preparation and certification of the LMD Engineer’s Report and levy, District annexations, formations, reorganizations, dissolutions and financial analyses.

BACKGROUND AND LEGISLATIVE HISTORY
The City entered into Agreement with Harris by City Council approval on December 19, 2017.

The initial contract was for two years with three, one-year, optional extensions. All extensions were executed through approval granted to the City Manager by Resolution No. 2017-259.

ANALYSIS
A one-year extension, outside of the contracted terms, is being requested by the Parks and Recreation Department due to the transition of the Landscape Maintenance District operations and fiscal management into Park & Recreation as of July 1, 2022. Staff is requesting to continue to work with Harris & Associates, Inc. for another year in order to efficiently manage the financial aspect of the LMD because of their historical knowledge and familiarity. In addition, Harris has been an exceptional consultant for LMD and has provided much needed assistance with parcel reviews.

FISCAL IMPACT
The amendment will continue to be funded by the LMD (Fund 271).

STRATEGIC PLAN
This item does not apply to any Strategic Plan and is routine in nature.

ACTION REQUESTED OF THE CITY COUNCIL
Staff recommends that the City Council adopt a resolution approving an amendment to a Professional
Services Agreement with Harris & Associates, Inc. to extend the term for an additional one
year with a not to exceed amount of $100,000 for administrative, engineering, and financial
services for the Tracy Consolidated Landscape Maintenance District.

Agenda Item 1.D
December 6, 2022

Prepared by: Robin Kloepfer, Management Analyst II
Reviewed by: Brian MacDonald, Director of Parks and Recreation

Sara Cowell, Finance Director
Karin Schnaider, Assistant City Manager
Approved by: Michael Rogers, City Manager
Attachments:
• Attac
hment A – Original Contract – Professional Service Agreement Administrative, Engineering and Financial Services for the Tracy Consolidated Landscape Maintenance District
• Attac
hment B – Amendment No. 1 – One-year extension to Professional Service Agreement Administrative, Engineering and Financial Services for the Tracy Consolidated Landscape Maintenance District

ATTACHMENT A

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

Y CITY COUNCIL
RES
OLUTION NO. _______________

APPROVI

NG AN AMENDMENT TO A PROFESSIONAL SERVICES
AGREEMENT WITH HARRIS & ASSOCIATES, INC. TO EXTEND THE TERM

FOR AN ADDITIONAL ONE YEAR WITH A NOT TO EXCEED AMOUNT OF $100,000 FOR ADMINISTRATIVE, ENGINEERING, AND FINANCIAL

SERVICES FOR THE TRACY CONSOLIDATED LANDSCAPE MAINTENANCE

DISTRICT
WHER
EAS, the City executed a Professional Services Agreement (Agreement) with Harris & Associates, Inc. to provide administrative, engineering, and financial services for the Tracy Consolidated Landscape Maintenance District (LMD), which was approved by the City Council on December 19, 2017, by Resolution No. 2017-259; and WHER
EAS, the Agreement was for a term of two years, with three one-year optional extensions by the City Manager; and
WHER
EAS, all of the extensions were executed by the City Manager; and WHER
EAS, the City desires to continue to work with Harris & Associates, Inc. for another year due to the historical knowledge and familiarity with the LMD, and in order to efficiently manage the financial aspect of the LMD; and
WHER
EAS, the City and Harris & Associates, Inc. have reached an agreement to amend the term of the Agreement for an additional year and a not to exceed amount of $100,000 annually to continue providing the same services under the Agreement; and now therefore be it
RESOL
VED: That City Council hereby approves an amendment to the Professional Services Agreement with Harris & Associates, Inc. to extend the term for an additional one year with a not to exceed amount of $100,000 for administrative, engineering, and financial services for the Tracy Consolidated Landscape Maintenance District. * * * * * * * * * * * * * *
The foregoing Resolution 2022-_____ was adopted by the Tracy City Council on the 6th day of December 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
Resolution 2022-

December 6, 2022
Agenda Item 1.E

RECOMMENDATION
Adopt a Resolution Adopting the Regular Meeting Calendar of the Tracy City Council for Calendar Year 2023.

EXECUTIVE SUMMARY
Staff recommends that the City Council establish the regular meeting calendar for calendar year 2023 for City Council meetings. While Section 2.04.020 of the Tracy Municipal Code establishes the meeting dates and times for City Council meetings, it is best practice to adopt an annual meeting calendar for agenda management and planning purposes. In addition, State law requires that certain legislative actions only occur at regularly scheduled meetings, so having an adopted calendar of regular City Council meetings establishes, with certainty, which meetings are regular scheduled meetings of the City Council.

BACKGROUND AND LEGISLATIVE HISTORY
Pursuant to Tracy Municipal Code 2.04.020, regular meetings of the Council are held at 7:00 p.m. on the first and third Tuesday of each month of the calendar year, in the Council Chambers located at City Hall. Adopting a meeting calendar allows for proper agenda planning and can provide for recess periods, holidays, or election days and also provides certainty of establishing “regularly scheduled meetings” for City Council to consider certain legislative actions which, under State law, may only be heard at such designated meetings.

Historically, the City Council has cancelled certain meetings given conflicts with State and local events of importance, such as general elections and National Night Out (an annual event that occurs on the first Tuesday in August), and during holiday periods to appropriately manage staffing and quorum issues. On December 7, 2021, the City Council adopted Resolution 2021-174, which adopted the 2022 calendar of regular Tracy City Council meetings. On April 19, 2022, the City Council adopted Resolution 2022-053.5 rescinding Resolution 2021-174 and adopted a new calendar of meetings, reflecting the cancellation of the July 19, 2022, and December 20, 2022, and also the cancellation of the January 3, 2023 regular Council meeting, to allow for summer and winter legislative recesses.

Special meetings and workshops also may be scheduled. Such meetings and workshops may be called by the City Manager, Mayor or by a majority of Council Members as needed, in accordance with the Council Meeting Protocols and Rules of Procedure.

The proposed 2023 calendar of regular City Council meetings includes the following:
1) Establishment of regular meetings of the City Council, at 7:00 p.m., on the first and third Tuesday of each month of calendar year 2023;
2) Cancellation of the following regular Council meetings:

Tuesday, July 4, 2023 (Federal Holiday)
Tuesday, July 18, 2023
Agenda Item 1.E
December 6, 2022

Tuesday, August 1, 2023 (National Night Out)
Tuesday, December 19, 2023
3) Establishment of a regular meeting on Wednesday, July 5, 2023, to replace the meeting otherwise falling on the July 4th federal holiday.

ANALYSIS
This year’s proposed schedule of meetings includes consideration of a summer and winter legislative break is being proposed. Many cities “go dark” or recess for purposes of a summer or winter break. Such planned recesses allow staff, the Council Members and the public to appropriately plan during peak travel periods. Should a matter rise to a level of urgency requiring a meeting to be held during the planned recess, a special meeting may be called pursuant to the City Council’s Local Rules of Council Procedures.

FISCAL IMPACT
This is a routine operational item, and no significant fiscal impact exists. However, any meetings cancelled could save funds related to the broadcasting of meetings.

STRATEGIC PLAN
This agenda item is a routine operational item and does not relate to the Council’s four strategic priorities.

ACTION REQUESTED OF THE CITY COUNCIL
Staff recommends that City Council adopt a Resolution adopting the Regular Meeting Calendar of the Tracy City Council for Calendar Year 2023.

Prepared by: Adrianne Richardson
Reviewed by: Karin Schnaider, Assistant City Manager
Approved by: Michael Rogers, City Manager

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

Y CITY COUNCIL
RES
OLUTION NO. _______________

ADOPTING THE REGULAR MEETING CALENDAR OF THE TRACY CITY COUNCIL FOR CALENDAR YEAR 2023
WHER
EAS, In accordance with Tracy Municipal Code 2.04.020, regular meetings of the City Council shall be held at 7:00 p.m. on the first and third Tuesday of each month in Council Chambers; and
WHEREAS, It is best practice to adopt an annual calendar of regular meetings for agenda management and planning purposes; and
WHEREAS, In addition, State law requires that certain legislative actions only occur at regularly scheduled meetings; and
WHEREAS, Special meetings and workshops may be called by the City Manager, Mayor or a majority of Council Members as needed, in accordance with the Council’s Meeting Protocols and Rules of Procedure; and
WHEREAS, This year’s proposed schedule of meetings includes consideration of a summer and winter legislative break is being proposed; and WHEREAS, Many cities “go dark” or recess for purposes of a summer or winter break; and
WHERE
AS, Staff is recommending that the City Council adopt the following as the City Council’s regular meeting calendar for calendar year 2023:

TRACY CITY COUNCIL
2023 REGULAR MEETING CALENDAR
Date Type Date Type
January 3 – Cancel Regular Meeting (Winter
Recess)
July 4 Cancel Regular Meeting
(Federal Holiday).

January 17 Regular July 5 Regular Meeting
February 7 Regular July 18 Cancel Regular Meeting
(Summer Recess)
February 21 Regular August 1 – Cancel Regular Meeting
(National Night Out)
March 7 Regular August 15 Regular
March 21 Regular September 5 Regular
April 4 Regular September 19 Regular
April 18 Regular October 3 Regular
May 2 Regular October 17 Regular
May 16 Regular November 7 Regular
June 6 Regular November 21 Regular
June 20 Regular December 5 Regular
December 19 - Cancel Regular Meeting
(Winter Recess)
Resolution 2022-

NOW, THEREFORE, BE IT:

RESOLVED: 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 of the City of Tracy hereby approves the proposed calendar of meetings set forth in this Resolution as the Regular Meeting Calendar of the Tracy City Council for Calendar Year 2023; and be it further
RESOLVED: That nothing in this Resolution prevents the City Council from scheduling a special meeting or cancelling a regularly scheduled meeting, otherwise in accordance with local and State law.
* * *
* * * * * * * * * * *

The foregoing Resolution 2022-_____ was adopted by the Tracy City Council on December 6, 2022 by the following vote:

AYES: CO
UNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

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

ADRIANNE RICHARDSON
City Clerk and Clerk of the Council of the
City of Tracy, California
Decem ber 6, 2022
Agenda Item 1.F
RECOMM

ENDATION
Staf
f recommends that the City Council 1) adopt a resolution approving a Quitclaim Deed for the conveyance of a three (3) foot wide temporary construction easement back to Tracy Alliance Group, LLC, and 2) authorize the City Clerk to sign the Quitclaim Deed and file the Deed with the Office of the San Joaquin County Recorder.

EXECUT

IVE SUMMARY
The proposed
resolution approving a Quitclaim Deed will allow Tracy Alliance Group, LLC to reclaim all rights associated with a three (3) foot wide temporary construction easement that is no longer needed. The temporary easement is located along the southerly portion of the real property associated with Assessor Parcel Number (APN) 213-170-27, which is owned by Tracy Alliance Group, LLC.

BACK

GROUND AND LEGISLATIVE HISTORY
On
April 17, 2013, construction began on CIP 73048 – Grant Line Road Widening and Improvement Project. The Project scope included the widening of the Grant Line Road segment, between North MacArthur Drive and eastern city limits, to full buildout roadway width, which, per the 2012 City of Tracy Transportation Master Plan, is defined as a 4-lane major arterial with a median. Prior to the widening, Grant Line Road, east of Paradise Road, was only a 2-lane road without a median.

Tracy
Alliance Group, LLC is the owner of the real property associated with APN 213-170-27, which is located at the northeast corner of the intersection of Grant Line Road and North MacArthur Drive. For CIP 73048 to be constructed, an additional seven (7) feet of right of way from the southerly portion of the Tracy Alliance property was dedicated to the City, including a three (3) wide temporary construction easement by way of Grant Deed recorded by the San Joaquin County Recorder’s Office on March 16, 2009, by Document Number 2009-041353.

ANALYSI
S
Staf
f received a quitclaim deed request on March 28, 2022, from the Tracy Alliance Group, LLC regarding the removal of the temporary construction easement as mentioned in the Grant Deed recorded by the San Joaquin County Recorder’s Office on March 16, 2009, by Document Number 2009-041353.

Sinc
e CIP 73048 was completed and accepted by City Council on March 17, 2015, Staff has concluded that the temporary construction easement is no longer needed.

FISC

AL IMPACT
There i
s no fiscal impact associated with this action. The property owner will pay for the cost of processing of the quitclaim deed and recordation.

Agenda Item 1.F
December 6, 2022

STRATEGIC PLAN
This agenda item supports the City of Tracy’s Economic Development Strategic Priority, which is to enhance the competitiveness of the City while further developing a strong and diverse economic base.

ACTION REQUESTED OF THE CITY COUNCIL
That the City Council, by resolution, 1) adopt a resolution approving a Quitclaim Deed for the conveyance of a three (3) foot wide temporary construction easement back to Tracy Alliance Group, LLC, and 2) authorize the City Clerk to sign the Quitclaim Deed and file the Deed with the Office of the San Joaquin County Recorder.

P
repared by: Majeed Mohamed, Associate Engineer
Reviewed by: Robert Armijo, PE, City Engineer / Assist ant Director of Development Services Kri
s Balaji, PMP, PE, Development Services Director
Sara Cowell, Finance Director
Midori Lichtwardt, Assistant City Manager
Approv
ed by: Michael Rogers, City Manager
Attac
hments:

Att
achment A – Grant Deed (Document Number 2009-041353)
Attachment B – Quitclaim Deed
Description: San Joaquin,CA Document - Year.DocID 2009.41353 Page: 1 of 7 Order: fs Comment:

Attachment A
Description: San Joaquin,CA Document - Year.DocID 2009.41353 Page: 2 of 7 Order: fs Comment:

Description: San Joaquin,CA Document - Year.DocID 2009.41353 Page: 3 of 7 Order: fs Comment:

Description: San Joaquin,CA Document - Year.DocID 2009.41353 Page: 4 of 7 Order: fs Comment:

Description: San Joaquin,CA Document - Year.DocID 2009.41353 Page: 5 of 7 Order: fs Comment:

Description: San Joaquin,CA Document - Year.DocID 2009.41353 Page: 6 of 7 Order: fs Comment:

Description: San Joaquin,CA Document - Year.DocID 2009.41353 Page: 7 of 7 Order: fs Comment:

Attachment B

When recorded mail to:

Tracy Alliance Group, LLC
1686 2nd Street
Livermore, CA 94550

APN: Portion of 213-170-27

For Recorder's Use Only
Documentary transfer tax is $ 0
( ) Computed on full value of property conveyed, or
( ) Computed on full value less value of liens and encumbrances remaining at time of sale ( ) Unincorporated area; (X) City of Tracy
(X) Realty Not Sold; deed releases partial easement interest only

QUITCLAIM DEED

The CITY OF TRACY, a municipal corporation (“ GRANTOR”), does hereby release and quitclaim to TRACY ALLIANCE GROUP, LLC , a limited liability company (“GRANTEE”) all rights, title and interest in and to the Temporary Construction Easement (“Easement”) specifically described in Exhibit A -1 of the Grant Deed recorded March 16, 2009 as Document No. 2009-041353 of San Joaquin County Official Records, but only to the extent that such Easement burdens those portions of the real property owned by GRANTEE in the City of Tracy, County of San Jo aquin, State of California, as more particularly described in Exhibit A attached hereto and made a part hereof.

Dated this
day of , 2022.

CITY OF TRACY, a municipal corporation

By:

Name:

Title:

Notary Acknowledgment Attached
NOTA

RY ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STAT
E OF CALIFORNIA }
COUNTY OF }
On , before me ,
personally appeared
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 authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.

I ce
rtify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITN
ESS my hand and official seal.

Signat
ure ________________________ (This area for official notarial seal) EXHI
BIT A
PROPER

TY LEGAL DESCRIPTION
For APN/Parcel ID(s): 213-170-27_______________________________________________________________ THE

LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE UNINCORPORATED AREA IN COUNTY OF SAN JOAQUIN, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:

Parce
l One:

Lots
82, 83, and the West 1392 feet of each Lots 86 and 87 (The East line of said West 1392 feet being the Northerly extension of the East line of Lot 83) of "Pescadero Colony Unit No. 1", according to the official map thereof filed in Volume 10 of Maps, at page 44, San Joaquin County Records.

Exc
epting therefrom all that portion as conveyed to the Pacific Telephone and Telegraph Company, a California corporation, in Deed recorded August 11, 1953 as document No. 27864 in Book 1551, page 126, Official Records.

Als
o excepting therefrom an undivided half interest in and to all minerals, oil, or gas now existing or hereafter discovered on said lots as reserved by Farmers Developed Lands Company, California, a corporation, in Deed recorded March 19, 1946 in Volume 981, at page 170, Official Records.

All
rights of ingress and egress, including the right of entry on the surface and lying between the surface of said land and a depth of 500 feet below the surface for the purpose of prospecting, discovering, drilling, mining and removing any minerals, oil, gas or other hydrocarbon substances, and the right to slant drill or otherwise drill within said 500 feet, as reserved by Farmers Developed Land Company, a Corporation, in Deed recorded March 19, 1946 in Volume 981 at Page 170, Official Records, have been relinquished by those certain Quitclaim Deed(s) recorded January 25, 2022, as instrument(s) 2022-010545, 2022-010546, 2022-010547, 2022-010548, 2022-010549, and 2022-010550, Official Records.

Als
o excepting therefrom all that portion of said land as conveyed to the City of Tracy, a municipal corporation by Grant Deed recorded March 4, 2009 as Instrument No. 2009-034953 and rerecorded March 16, 2009 as instrument 2009-041353, Official Records.

Parcel
Two:

Lots
88 and 89 of "Pescadero Colony Unit No. 1", according to the official map thereof filed in Volume 10 of Maps, at page 44, San Joaquin County Records.

Except
ing therefrom an undivided half interest in and to all minerals, oil, or gas now existing or hereafter discovered on said lots as reserved by Farmers Developed Lands Company, California, a corporation, in Deed recorded September 10, 1952 in Volume 1451, at page 207, Official Records.

All
rights of ingress and egress, including the right of entry on the surface and lying between the surface of said land and a depth of 500 feet below the surface for the purpose of prospecting, discovering, drilling, mining and removing any minerals, oil, gas or other hydrocarbon substances, and the right to slant drill or otherwise drill within said 500 feet, as reserved by Farmers Developed Lands Company, California, a corporation, in Deed recorded September 10, 1952 in Volume 1451, at page 207, Official Records, have been relinquished by those certain Quitclaim Deed(s) recorded January 25, 2022, as instrument(s) 2022-010545, 2022-010546, 2022-010547, 2022- 010548, 2022-010549, and 2022-010550, Official Records.

Als
o excepting therefrom all that portion of said land as conveyed to the State of California by Grant Deed recorded April 25, 1967, as Instrument No. 15851, in Book 3119, at page 726 and recorded April 28, 1967 as Instrument No. 16346, in Book 3120, at page 515, Official Records.

EXHIBIT A
PROPER

TY LEGAL DESCRIPTION
(continued)
Als
o excepting therefrom all that portion of said land as conveyed to the State of California by Quitclaim Deed recorded December 11, 1968 as Instrument No. 52345, in Book 3261, at page 544, Official Records.

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

TRACY CI

TY COUNCIL
RESOL
UTION 2022-_____
APPROVING A QUITCLAIM DEED FOR THE CONVEYANCE OF A THREE (3)

FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT BACK TO TRACY

ALLIANCE GROUP, LLC, AND AUTHORIZING THE CITY CLERK TO SIGN

THE QUITCLAIM DEED AND FILE THE DEED WITH THE OFFICE OF THE SAN

JOAQUIN COUNTY RECORDER
WHEREA
S, on April 17, 2013, construction began on CIP 73048 – Grant Line Road Widening and Improvement Project (Project); and
WHEREA
S, the Project scope included the widening of the Grant Line Road segment, between North MacArthur Drive and Eastern City limits; and WHEREA
S, Tracy Alliance Group, LLC is the owner of the real property associated with Assessor Parcel Number 213-170-27, which is located at the northeast corner of the intersection of Grant Line Road and North MacArthur Drive; and WHEREA
S, for CIP 73048 to be constructed, an additional seven (7) feet of right of way from the southerly portion of the Tracy Alliance property was dedicated to the City, including a three (3) wide temporary construction easement by way of Grant Deed recorded by the San Joaquin County Recorder’s Office on March 16, 2009, by Document Number 2009-041353; and WHEREA
S, CIP 73048 was completed and accepted by City Council on March 17, 2015; and
WHEREA
S, the temporary construction easement is no longer needed; and WHEREA
S, the Property Owner will pay for the cost of processing of the quitclaim deed and recordation; and now, therefore, be it

RESOLVED
: That the City Council of the City of Tracy hereby approve a Quitclaim Deed for the conveyance of a three (3) foot wide temporary construction easement back to Tracy Alliance Group, LLC; and be it

FURTHER R
ESOLVED: That the City Council of the City of Tracy authorize the City of Tracy City Clerk to sign the Quitclaim Deed and file the Deed with the Office of the San Joaquin County Recorder.
* * * * *
* * * * * * * * *
Resolution 2022-_____

The foregoing Resolution 2022-_____ was adopted by the Tracy City Council on the 6th day of December by the following vote:

AYES: COUNCI
L MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTENTION: COUNCIL MEMBERS:
_________________________________________
NANCY D.

YOUNG
Mayor of the City of Tracy, California
ATTEST:

ADRIANNE RICHARDSON
City Clerk and Clerk of the Council of the
City of Tracy, California
December 6, 2022
Agenda Item 1.G

RECOMMENDA
TION
Staff recommends that the City Council adopt a resolution declaring certain vehicles and equipment as surplus and approving their sale at public auction.

EXECUTIVE SUMMARY
The City of Tracy periodically declares equipment and commodities that have been used beyond thei
r economical and/or useful life as surplus for sale at public auction. This request seeks authorization to declare and approve the list of surplus equipment and commodities and authorize the sale of these items at public auction to the highest bidder.

ANALYSIS
The Public Works Department is responsible for managing most of the City’s vehicle and equipment fleet. This includes the responsibility of determining items that have been used beyond their economical and/or useful life and are no longer needed by the City. These items are r
emoved from service and are declared as surplus property.

The dis
posal of surplus equipment and commodities or other property no longer needed by any department of the City is gover ned by S ection 2.20.310 of the Tracy Municipal Code (TMC), which identifies the method of disposition of surplus property. Per the TMC, surplus items are sold at public auction to the highest bidder. Items which are not sold at public auction will be reviewed for value, and if appropriate, sold for scrap value.

FISCAL IMPACT
The proceeds from the sale of surplus property will be deposited in the appropriate Ci ty fund from which the property was originally purchased. The estimated value of this surpl us property is $25,000.

STRATEGIC PLAN
This agenda item is a routine operational item and does not relate to the Council’s strategic plans.

ACTION REQUESTED OF THE CITY COUNCIL
Staff recommends that the City Council adopt a resolution declaring certain vehicles and equipment as surplus and approving their sale at public auction.

Prepared by: John Newman, Operations Supervisor
Reviewed by: James
Jackson, Director of Operations and Utilities
Sara Cow
ell, Director of Finance
Midori Lichtwardt, Assistant City Manager
Approved by: Michael Rogers, City Manager
Attachment:

A: Surplus Vehicles and Equipment List
ATTACHMENT "A"
SURPLUS VEHICLES AND EQUIPMENT 01/21/20

ASSET ID EQ DESCRIPTION VIN/SERIAL NUMBER
2340 Transit Bus 1GB9G5AG5A1162251
2339 Transit Bus 1GB9G5AG0A1162075
2341 Transit Bus 1GB9G5AG6A1162100
2372 Crown Victoria 2FABP7BVOBX152294
2379 Crown Victoria 2FABP7BVOBX185893
2420 Chevy Tahoe 1GNLC2E09ER194241
2422 Chevy Tahoe 1GNLC2E09ER193171
2419 Chevy Tahoe 1GNLC2KC9FR712932
2421 Chevy Tahoe 1GNLC2E06ER194942
2457 Ford Explorer 1FM5K8AR7HGB55624
2279B Trailered Pump 110456B
20171247 Trailered Generator 743996

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

TRACY CITY COUNCIL
RESO
LUTION 2022-_____

DECLARI

NG CERTAIN VEHICLES AND EQUIPMENT AS SURPLUS AND

APPROVING THEIR SALE AT PUBLIC AUCTION

WHEREAS,
the Public Works Department is responsible for managing most of the City of Tracy’s vehicle and equipment fleet; and

WHEREAS,
this includes the responsibility of determining items that have been used beyond their economical and/or useful life and are no longer needed by the City; and WHEREAS, the C
ity of Tracy periodically declares equipment and commodities that have been used beyond their economical and/or useful life as surplus for sale at public auction; and
WHEREAS, the disposal of surplus equipment and commodities or other property no longer needed by any department of the City is governed by Section 2.20.310 of the Tracy Municipal Code (TMC), which identifies the method of disposition of surplus property; and

WHEREAS,
surplus items are sold at public auction to the highest bidder and items which are not sold at public auction will be reviewed for value, and if appropriate, sold for scrap value; and

WHEREAS,
the proceeds from the sale of surplus property will be deposited in the appropriate City fund from which the property was originally purchased; and

WHEREAS,
the estimated value of this surplus property is $25,000; and now therefore be it
RESOL
VED: That the City Council of the City of Tracy hereby declares the vehicles and equipment specified in Exhibit A attached hereto as surplus, and approves the sale of said items at public auction to the highest bidder.
* * * * * * * * *
* * * * *
Resolution 2022-____

The foregoing Resolution 2022-_____ was adopted by the Tracy City Council on the 6th day of December, 2022, by the following vote:

AYES:

NOES:

ABSENT:

COUNCIL MEMBERS:

COUNCIL MEMBERS:

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
Exhibit A: Surplus Vehicles and Equipment List
Resolution 2022-____

Exhibit A
Surplus Vehicles and Equipment 01/21/20

ASSET ID EQ DESCRIPTION VIN/SERIAL NUMBER
2340 Transit Bus 1GB9G5AG5A1162251
2339 Transit Bus 1GB9G5AG0A1162075
2341 Transit Bus 1GB9G5AG6A1162100
2372 Crown Victoria 2FABP7BVOBX152294
2379 Crown Victoria 2FABP7BVOBX185893
2420 Chevy Tahoe 1GNLC2E09ER194241
2422 Chevy Tahoe 1GNLC2E09ER193171
2419 Chevy Tahoe 1GNLC2KC9FR712932
2421 Chevy Tahoe 1GNLC2E06ER194942
2457 Ford Explorer 1FM5K8AR7HGB55624
2279B Trailered Pump 110456B
20171247 Trailered Generator 743996
December 6, 2022
Agenda Item 1.H

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 to increase the salary of the Economic Development Manager position, enable the internal alignment of various classifications, and comply with mandatory State minimum wage increases effective January 1, 2023, and 2) the adoption of a Compensation Philosophy as a guiding document for compensation.

EXECUTIVE SUMMARY
The City’s Classification and Compensation Plans (Compensation Plans) and Master Salary Schedule (Schedule) contain the job descriptions and classifications of all City personnel, as well as sa
lary ranges. This report recommends authorizing 1) amendments to the Compensation Plans and
Schedule to internally align the salary for various classifications and comply with mandatory minimum wage increases, 2) increasing the salary for the existing classification of Economic Development Manage r and 3) adopting a Compensation Philosophy as a guiding document.

BACKGROUND AND LEGISLATIVE HISTORY
On November 20, 2018, City staff discussed with the City Council (Council) the desire to conduct a comprehensive
review of City classifications and return to Council for consideration and approval. The City had not completed a comprehensive Classification Study to review currently allocated and filled positions in more than 20 y ears. In an endeavor to have a sound classification plan, and
with Council concurrence, the City contracted with Koff & Associates to conduct a comprehensive “Wall -to-Wall” Classification and Compensation Study to be completed in two phases. The first phase was the classification review, which ensured class descriptions a ccurately reflected work performed by incumbents , and this first phase was adopted by Council and finalized in February 2021 (Attachment C - Resolution 2021-014).

California Labor Code 1181.12 requires the State Director of Finance to annually make a determination and certify to the Governor and the State Legislature whether an adjustment for inflation is
applied to the State minimum wage. On July 27, 2022, the Department of Finance certified that
based on the annual inflation rate from 7/1/21-6/30/22, under Labor Code section 1182.12(c)(3)(A), the
California state hourly minimum wage must be increased, effective January 1, 2023, to $15.50 an hour. This increased minimum wage now applies to all employers, regardless of the number of workers employed by an employer, pursuant to Senate Bill 3.

The Compensation Study is the second phase of the process of the Wall-to-Wall Study.

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), Agenda Item 1.H
December 6, 2022

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 Sched ule reflecting the
salaries of all personnel.

ANALYSIS
Internal Alignment
The Compensation Study is the second phase of the process of the Wall-to-Wall Study. This part of the project was completed in an effort to ensure employ ees are paid on a fair and
competitive basis that allows the City to recruit and retain a high-quality staff. The internal alignment process is necessary to ensure internal relationships of salaries are based upon objective, non-quantitative evaluation factors, resulting in a salary structure with acceptable differentials between various classification levels across the City. The goal of the Compensation Study was to assist the City in developing a sound plan including competitive pay and benefit structure, which is based upon market data to ensure that the plan is fiscally responsible, and that meets the needs of the City with regard to recruitment and retention of qualified staff.

In an
effort to foster collaboration, Human Resources staff created an Internal Alignment Committee responsible to review the Compensation Study data and make a recommendation on implementation. The committee is comprised of City employees from each represented bargaining unit as well as members from the unrepresented confidential employee unit. This committee , along with staff from Human Resources, began meeting in December 2021 to review
the raw data provided by Koff & Associates. As a result of this process, the Internal Alignment Committee recommends the adoption of the City of Tracy Compensation Philosophy to serve as a framework to establish and maintain fair and equitable compensation principals. The Compensation Philosophy guides the process of evaluating employee compens
ation based on the City’s overall financial condition, pay administration policies and market comparability to attract, select and retain a highly qualified workforce to deliver effective and efficient public services. This philosophy memorializes the City of Tracy’s salary structure principles, minimum classification level differentials to
address compaction, process to evaluate internal equity for positions, market survey strategy, definition of the relevant labor market, benchmark classifications utilized in the market survey and the method by which positions are compared in the market survey.

The Compensation
Study reviewed the City’s ten (10) established comparator agencies to determine the City’s compensation as related to the market. Koff & Associates conducted an analysis of comparable agencies based on factors such as organizational type and structure, population, budget, services, labor market and location within a proximity (within a 50 mile radius) and provided additional comparable agencies which most closely aligned with the City of Tracy. Accurate and recent classification and compensation data is imperative to ensure a healthy Classification Plan. The committee discussed appropriate benchmark classifications and recommended
adding an eleventh comparator agency to provide a true median when comparing the City to the market.

Agenda Item 1.H
December 6, 2022

Approval of the Compensation Philosophy will amend the salaries for 28 classifications that do not currently align with the philosophy. These salary changes range from 21% to 12.5% and are highlighted in
red on the attached Master Salary Schedule. The committee believes these updates will ensure
internal relationships of salaries will result in a salary structure with equitable minimum differentials between various levels across the City’s salary plan.

The committee was unanimous with the above recommendations and mad e a presentation to the City Manager outlining recommendations and implementation timeline.

SALARY REVISIONS
Internal Alignment
The proposed internal alignment salary revisions will affect twenty-eight (28) classifications with ninety-seven (97) incumbents. If approved, these updated salaries will realign internal relationships of salaries within the City resulting in consistent minimum differentials across the City’s salary plan.

Staff provided all represented bargaining units with the proposed salary revisions and the bargaining units agreed with the recommendations.

The proposed Master Salary Schedule, which would become effective January 1, 2023 (Attachment A), reflects the revised salary range for each classification discussed in this report and is highlighted in red.

Economi
c Development Manager
The City has been recruiting for the Economic Development Manager position for more than three (3) months and has been unsuccessful in filling the position. The Compensation Study revealed the position is currently within market, however a salary increase is proposed to address the recruitment issues as outlined in the city’s Personnel Rules. Since the Economic Development Manager is a key management position within the organization, staff recommends the City Council increase the maximum annual salary by 10% , from $140,930 annually to $155,023 an nually.

Minimum Wage Increase
As noted above, the State minimum wage increases to $15.50 starting on January 1, 2023. This minimum wage
increase affects six part-time positions which are filled with part-time Limited Services Employees which are highlighted in red on the proposed Master Salary Schedule.

FISCAL IMPACT

This action amends the City’s Classification and Compensation plan by revising the salary ranges
for 28 classifications with 97 incumbents. These changes will cost approximately $224,000 for the remainder of the current fiscal year. The salary revisions for the Economic Development Manager a nd internal alignment adjustments will be absorbed within the established FY2022-23 budget through vacancy savings.

Agenda Item 1.H
December 6, 2022

STRATEGIC PLAN
This agenda it
em 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.

Objectiv
e 1b: Affirm organizational values.

ACTION RE

QUESTED OF THE CITY COUNCIL
Adopt a R
esolution authorizing 1) amendments to the City’s Classification and Compensation Plans and Master Salary Schedule to increase the salary for the Economic Development Manager position, enable internal alignment of various classifications, and comply with State mandatory minimum wage increases effective January 1, 2023, and 2) adoption of a Compensation Philosophy guiding document for compensation.

Prepared by
: JoAnn Weberg, Human Resources Manager
Reviewed by
: Kimberly Murdaugh, Director of Human Resources
Sara Cowell, Director of Finance
Karin Schnaider,
Assistant City Manager
Approved by:

Michael Rogers, City Manager
Attachment
s:

A – Master
Salary Schedule Effective January 1, 2023
B – Compensation Philosophy
C – Resolution 2021-014
City of Tracy
Master Salary Schedule
Effective 01/01/2023
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 01/01/2023
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 2,274.51 4,928.11 59,137.26 28.4314 B 2,388.22 5,174.48 62,093.72 29.8528
C 2,507.66 5,433.26 65,199.16 31.3458
D 2,633.03 5,704.90 68,458.78 32.9129
E 2,764.70 5,990.18 71,882.20 34.5588
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 01/01/2023
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 3,640.87 7,888.55 94,662.62 45.5109 B 3,822.89 8,282.93 99,395.14 47.7861
C 4,014.04 8,697.09 104,365.04 50.1755
D 4,214.74 9,131.94 109,583.24 52.6843
E 4,425.49 9,588.56 115,062.74 55.3186
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 01/01/2023
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 2,493.89 5,403.43 64,841.14 31.1736 B 2,618.59 5,673.61 68,083.34 32.7324
C 2,749.52 5,957.29 71,487.52 34.3690
D 2,886.99 6,255.15 75,061.74 36.0874
E 3,031.35 6,567.93 78,815.10 37.8919
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 2,724.94 5,904.04 70,848.44 34.0618 B 2,861.19 6,199.25 74,390.94 35.7649
C 3,004.25 6,509.21 78,110.50 37.5531
D 3,154.47 6,834.69 82,016.22 39.4309
E 3,312.19 7,176.41 86,116.94 41.4024
1530 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 01/01/2023
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 11,020.62 23,878.00 286,536.00137.7578 1112 City
Treasurer* 496.16 1,075.01 12,900.16
9107 Clerical LS A 15.5000
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 3,406.13 7,379.95 88,559.38 42.5766 B 3,576.43 7,748.93 92,987.18 44.7054
C 3,755.25 8,136.38 97,636.50 46.9406
D 3,943.04 8,543.25 102,519.04 49.2880
E 4,140.18 8,970.39 107,644.68 51.7523
Employees marked with an * (asterisk) are salaried 5

ATTACHMENT A
City of Tracy
Master Salary Schedule
Effective 01/01/2023
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 2,973.23 6,442.00 77,303.98 37.1654 Non-Exempt B 3,121.88 6,764.07 81,168.88 39.0235
C 3,277.95 7,102.23 85,226.70 40.9744
D 3,441.85 7,457.34 89,488.10 43.0231
E 3,613.94 7,830.20 93,962.44 45.1743
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 01/01/2023
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 Direc
tor 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 01/01/2023
Class
Code Position Title Unit Step Bi-Weekly
Salary
Monthly
Salary
Annual
Salary
Hourly
Rate
3207 Economic Development Manager* TMMBU A 4,905.31 10,628.17 127,538.06 61.3164 B 5,150.57 11,159.57 133,914.82 64.3821
C 5,408.11 11,717.57 140,610.86 67.6014
D 5,678.51 12,303.44 147,641.26 70.9814
E 5,962.43 12,918.60 155,023.18 74.5304
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 2,998.29 6,496.30 77,955.54 37.4786 B 3,148.20 6,821.10 81,853.20 39.3525
C 3,305.62 7,162.18 85,946.12 41.3203
D 3,470.92 7,520.33 90,243.92 43.3865
E 3,644.42 7,896.24 94,754.92 45.5553
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 2,755.49 5,970.23 71,642.74 34.4436 B 2,893.28 6,268.77 75,225.28 36.1660
C 3,037.92 6,582.16 78,985.92 37.9740
D 3,189.83 6,911.30 82,935.58 39.8729
E 3,349.31 7,256.84 87,082.06 41.8664
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 01/01/2023
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 3,094.44 6,704.62 80,455.44 38.6805 B 3,249.15 7,039.83 84,477.90 40.6144
C 3,411.60 7,391.80 88,701.60 42.6450
D 3,582.19 7,761.41 93,136.94 44.7774
E 3,761.29 8,149.46 97,793.54 47.0161
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 01/01/2023
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 3,305.49 7,161.90 85,942.74 41.3186 B 3,470.77 7,520.00 90,240.02 43.3846
C 3,644.29 7,895.96 94,751.54 45.5536
D 3,826.51 8,290.77 99,489.26 47.8314
E 4,017.85 8,705.34 104,464.10 50.2231
Employees marked with an * (asterisk) are salaried 10

ATTACHMENT A
City of Tracy
Master Salary Schedule
Effective 01/01/2023
Class
Code Position Title Unit Step Bi-Weekly
Salary
Monthly
Salary
Annual
Salary
Hourly
Rate
5423 Laboratory Quality Assurance Officer* TMMBU A 2,998.53 6,496.82 77,961.78 37.4816 B 3,148.48 6,821.71 81,860.48 39.3560
C 3,305.89 7,162.76 85,953.14 41.3236
D 3,471.18 7,520.89 90,250.68 43.3898
E 3,644.75 7,896.96 94,763.50 45.5594
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 2,720.76 5,894.98 70,739.76 34.0095 B 2,856.80 6,189.73 74,276.80 35.7100
C 2,999.64 6,499.22 77,990.64 37.4955
D 3,149.61 6,824.16 81,889.86 39.3701
E 3,307.09 7,165.36 85,984.34 41.3386
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 15.5000
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 01/01/2023
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 01/01/2023
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 3,662.67 7,935.79 95,229.42 45.7834 B 3,845.84 8,332.65 99,991.84 48.0730
C 4,038.11 8,749.24 104,990.86 50.4764
D 4,240.01 9,186.69 110,240.26 53.0001
E 4,452.04 9,646.09 115,753.04 55.6505
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 01/01/2023
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 Police
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 Poli
ce 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 2,425.04 5,254.25 63,051.04 30.3130 B 2,546.31 5,517.01 66,204.06 31.8289
C 2,673.59 5,792.78 69,513.34 33.4199
D 2,807.28 6,082.44 72,989.28 35.0910
E 2,947.65 6,386.58 76,
638.90 36.8456
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 01/01/2023
Class
Code Position Title Unit Step Bi-Weekly
Salary
Monthly
Salary
Annual
Salary
Hourly
Rate
6105 Police Sergeant TPOA A 4,252.93 9,214.68 110,576.18 53.1616 B 4,465.60 9,675.47 116,105.60 55.8200
C 4,688.89 10,159.26 121,911.14 58.6111
D 4,923.33 10,667.22 128,006.58 61.5416
E 5,169.49 11,200.56 134,406.74 64.6186
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 15.5000
Max 25.8200
9231 Project Specialist I LS Min 15.5000
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 01/01/2023
Class
Code Position Title Unit Step Bi-Weekly
Salary
Monthly
Salary
Annual
Salary
Hourly
Rate
3623 Public Safety Dispatch Supervisor* TMMBU A 3,658.65 7,927.08 95,124.90 45.7331 B 3,841.57 8,323.40 99,880.82 48.0196
C 4,033.67 8,739.62 104,875.42 50.4209
D 4,235.34 9,176.57 110,118.84 52.9418
E 4,447.12 9,635.43 115,625.12 55.5890
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 3,015.33 6,533.22 78,398.58 37.6916 B 3,166.09 6,859.86 82,318.34 39.5761
C 3,324.40 7,202.87 86,434.40 41.5550
D 3,490.61 7,562.99 90,755.86 43.6326
E 3,665.15 7,941.16 95,293.90 45.8144
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 15.5000
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 01/01/2023
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 15.5000
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 2,749.32 5,956.86 71,482.32 34.3665 B 2,886.77 6,254.67 75,056.02 36.0846
C 3,031.10 6,567.38 78,808.60 37.8888
D 3,182.68 6,895.81 82,749.68 39.7835
E 3,341.83 7,240.63 86,887.58 41.7729
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 01/01/2023
Class
Code Position Title Unit Step Bi-Weekly
Salary
Monthly
Salary
Annual
Salary
Hourly
Rate
5315 Senior Equipment Mechanic TEAMSTERS A 3,031.06 6,567.30 78,807.56 37.8883 B 3,182.60 6,895.63 82,747.60 39.7825
C 3,341.73 7,240.42 86,884.98 41.7716
D 3,508.81 7,602.42 91,229.06 43.8601
E 3,684.25 7,982.54 95,790.50 46.0531
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 2,673.64 5,792.89 69,514.64 33.4205 B 2,807.35 6,082.59 72,991.10 35.0919
C 2,947.68 6,386.64 76,639.68 36.8460
D 3,095.07 6,705.99 80,471.82 38.6884
E 3,249.82 7,041.28 84,495.32 40.6228
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 3,324.25 7,202.54 86,430.50 41.5531 B 3,490.47 7,562.69 90,752.22 43.6309
C 3,664.99 7,940.81 95,289.74 45.8124
D 3,848.24 8,337.85 100,054.24 48.1030
E 4,040.68 8,754.81 105,057.68 50.5085
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 01/01/2023
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 01/01/2023
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 3,184.04 6,898.75 82,785.04 39.8005 B 3,343.25 7,243.71 86,924.50 41.7906
C 3,510.41 7,605.89 91,270.66 43.8801
D 3,685.93 7,986.18 95,834.18 46.0741
E 3,870.23 8,385.50 100,625.98 48.3779
5404 Utility Operator TEAMSTERS A 3,895.88 8,441.07 101,292.88 48.6985 B 4,090.64 8,863.05 106,356.64 51.1330
C 4,295.18 9,306.22 111,674.68 53.6898
D 4,509.95 9,771.56 117,258.70 56.3744
E 4,735.44 10,260.12 123,121.44 59.1930
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 3,019.50 6,542.25 78,507.00 37.7438 B 3,170.44 6,869.29 82,431.44 39.6305
C 3,328.97 7,212.77 86,553.22 41.6121
D 3,495.44 7,573.45 90,881.44 43.6930
E 3,670.22 7,952.14 95,425.72 45.8778
Employees marked with an * (asterisk) are salaried 20

ATTACHMENT A
City of Tracy
Master Salary Schedule
Effective 01/01/2023
Class
Code Position Title Unit Step Bi-Weekly
Salary
Monthly
Salary
Annual
Salary
Hourly
Rate
5407 Wastewater Treatment Plant Operator III TEAMSTERS A 3,322.87 7,199.55 86,394.62 41.5359 B 3,488.97 7,559.44 90,713.22 43.6121
C 3,663.43 7,937.43 95,249.18 45.7929
D 3,846.63 8,334.37 100,012.38 48.0829
E 4,038.95 8,751.06 105,012.70 50.4869
3421 Water Operations Superintendent* TMMBU A 4,288.92 9,292.66 111,511.92 53.6115 B 4,503.35 9,757.26 117,087.10 56.2919
C 4,728.53 10,245.15 122,941.78 59.1066
D 4,964.95 10,757.39 129,088.70 62.0619
E 5,213.19 11,295.25 135,542.94 65.1649
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 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
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 3,217.03 6,970.23 83,642.78 40.2129 B 3,377.89 7,318.76 87,825.14 42.2236
C 3,546.79 7,684.71 92,216.54 44.3349
D 3,724.11 8,068.91 96,826.86 46.5514
E 3,910.32 8,472.36 101,668.32 48.8790
5403 Water Treatment Plant Operator III TEAMSTERS A 3,540.24 7,670.52 92,046.24 44.2530 B 3,717.26 8,054.06 96,648.76 46.4658
C 3,903.13 8,456.78 101,481.38 48.7891
D 4,098.28 8,879.61 106,555.28 51.2285
E 4,303.19 9,323.58 111,882.94 53.7899
Employees marked with an * (asterisk) are salaried 21

ATTACHMENT A
1 City of Tracy
Compensation Philosophy
Philosophy
The City of Tracy desires to provide its citizens with excellent customer service in the delivery of effective and efficient public services. The City Council recognizes that a highly skilled, experienced and dedicated workforce is essential to meet those objectives. The City’s compensation philosophy takes into consideration the following compensation guidelines.

The City’s ability to compensate employees will consider the City’s overall financial condition including competing service priorities, requirements for adequate reserves consistent with adopted budget policies, and multi-year general fund revenue and expenditure projections.

Backgro
und
Pay administration touches many areas of human resources administration, it is therefore important to cover it in a philosophy that is easily understood and in the proper context. Details covering various policies on salary adjustments, initial salary at appointment, performance evaluation criteria for salary adjustments, and the effects of reclassification on salary are found in the City’s Personnel Rules and Regulations and/or applicable Memorandum of Understanding.

The City’s Classification and Compensation Program operates on a merit basis and is administered by the Human Resources Department and approved by the City Manager. Employees are selected, retained, promoted and paid based on their level of competency to perform required job duties. Each position, except employees on contract, in the City service ha ve an assigned pay range with minimum and maximum pay rates. Basic qualifications are established for each position, and thereafter employees are selected in accordance with the City’s Personnel Rules and Regulations.

Salary adjus
tments are currently based on three factors – General W age Increases, Equity Adjustments and Merit Increases. General wage increases and equity adjustments are based on negotiated agreements between the City and bargaining units. Merit salary increases are based entirely on employee performance. All recommendations for merit increases are presented to the City Manager and include a written performance evaluation in accordance with t he City’s Personnel Rules and Regulations.

Employee
salary ranges are contained in the City’s adopted Master Salary Schedule. The Master Salary Schedule indicates the minimum and maximum rates of pay for each classification. Initially, each classification is rated according to its level of difficulty and responsibility, working conditions, supply and demand, market conditions and other objective factors. Review and adjustment recommendations to salary ranges are made to the City Council by the City Manager in accordance with the City’s Personnel Rules and Administrative Policies & Procedures.

Salar
y Structure Principles
The City utilizes a pay system for its classifications. All of the City’s regular classifications, except employees on contract, have pay ranges that span approximately 25% from the minimum to the

ATTACHMENT B
2 1. Entry to journey level of series = at least 10% is the target differential (Maintenance Worker I to Maintenance Worker II)

2. Journey to advanced journey/lead level of series = at least 10% is the target differential (Maintenance Worker II to Senior Maintenance Worker)

3. Supervisory/Management = at least 10% is the target differential over the highest level regularly supervised (Senior Maintenance Worker to Public Works Supervisor)

4. Senior Management = at least 10% is the target differential over the highest level regularly supervised (Deputy City Attorney II to Assistant City Attorney)

5. Executive Management = at least 10% is the target differential over the highest level regularly supervised (Assistant City Manager to City Manager)

ATTACHMENT B
maximum of the range. This range size and structure is typical within public agencies. In addition to the basic structure of the pay ranges, a major guiding principle for a salary structure is an acceptable dif
ferential between various classification levels.

Classification Level Differentials
While labor market data is a good indicator of market trends in pay, the concept of internal equity, e.g., how classifications are paid relative to each other within the Ci ty’s Master Salary Schedule , is an equally, if
not more important factor when establishing a pay plan.

Professional compensation practices provide some guidelines when reviewing internal equity between levels of classifications, i.e ., how a classification in one level is paid relative to another level based on increasing duties and responsibilities and span of control. These guidelines can minimize compaction issues, i.e., supervisory or management positions that make less than their employees when other pay factors are taken into consideration. The guidelines presented below are listed in a range format wit h a min
imally accepted differential. Salary differentials that fall below the minimum are considered an inte
rnal salary compaction problem and are addressed by the City Manager on an exceptional basis as financial resources allow.

Sa
lary differentials towards the maximum of the range are to be used under unusual circumstances and are outlined later in this section. The City’s ability to pay is also a factor that needs to be considered in s
etting the appropriate classification level differentials. Salary differentials are measured by ca
lculating the difference between the highest rate (top of the range) of one pay grade to the highest rate (top of the range) in the next pay grade to which the classification reports. The differential ranges t
hat are best practices are outlined below, though there are sometimes exceptions, especially between upper management levels. The following represents optimal differentials between levels:
3 Internal Equity
Internally equitable pay must clearly define the relative value of each job among all jobs within an organization and the Classification Plan. This ordered set of jobs represents the job structure or hierarchy. The basic concept is defined as jobs that require higher qualifications, more responsibilities, and more complex duties are paid more than jobs that require lower qualifications, fewer responsibilities, and less complex job duties.

The City utilizes its current salary plan system as a means of effective internal equity. One level of equity maintenance is achieved by the systematic approach to job/classification studies that review certain jobs for proper alignment within the Classifi cation Plan, and therefore, proper salary placement. This process is called job analysis and is very important as a means to create and maintain an internally consistent job structure. Job analysis is almost a purely descriptive procedure. Effective job an alysis identifies and defines job content by describing the job duties and tasks as well as other pertinent factors such as skill and effort needed to perform the job adequately. The City currently uses a Position Description Questionnaire (P DQ) in conduct ing job analyses. This method utilizes the common allocation factors including, but not limited to : decision-making, scope and complexity, contact with others required by the job, number of full-time equivalents (FTE’s) supervised, amount of budget oversight, supervision exercised and received, and the minimum qualifications that include the knowledge, skills, and abilities (KSAs).

Market Surveys
Market competitive pay systems play a significant role in setting a salary that will attract and retain the most qualified employees. Conversely, paying more than is necessary may represent an undue financial burden for the City. As money is a limited resource, the City must strike a balance between offering competitive salaries to attract and retain highly qualified employees and providing sufficient resources to enable them to be productive. To this end, the City must have a strategy that includes surveying the relevant labor market to determine the organization’s place in the external market and determining the most adequate frequency and benchmarks for surveys. The City strives to conduct market surveys in advance of every labor negotiations cycle with bargaining unit groups, unless there is a 5-year contract in place or at least every 5 years
Relevant Labor Market
Relevant labor markets represent the field of potentially qualified candidates for particular jobs and are defined on the basis of occupational classification, geography, and service/f unction/industry provided. Additional factors may be considered as needed to establish the relevant labor market.

The following factors should also be considered in determining the relevant labor market:
• The most effective number of survey agencies is between 8 and 12. Anything less than 8 survey agencies increases the chance that there will not be sufficient data collected when a job is difficult

ATTACHMENT B
4 • Geography is important for determining the labor market. The potential candidate pools are shared by similar agencies that are close in proximity. If there is any potential of employees being recruited away from the City, it most likely will be by another agency within the Bay Area. It is very doubtful that there will be any loss of employees of any significant degree to either Fresno or Los Angeles for instance.
• Size of the organization is another important factor. A larger organization typically has more levels of management, supervision, and workers , so to match a Supervisor classification with a much smaller organization would be very difficult and often leads to a lack of sufficient data on some jobs. While size is important, this factor should not take precedence over an otherwise good market benchmark agency that may be smaller or larger but is well suited based upon location and similarity of organization.

The City currently uses a labor market comprised of the following eleven survey cities.

Municipalities:
• City of Antioch
• City of Brentwood
• City of Concord
• City of Livermore
• City of Lodi
• City of Manteca
• City of Modesto
• City of Pleasanton
• City of Stockton
• City of Turlock
• City of Walnut Creek
Market Areas
There may be instances when a different combination or new agencies need to be surveyed due to an unexpected situation. For instance, if a recruitment results in a poor applicant pool, then an increase in salary range may be warranted if it is a difficult to recruit for the position. If the City’s ability to retain employees becomes an issue, then the total compensation for that classification may be reviewed. It is important that special circumstances be dealt with in a flexible and appropriate manner. It is expected than an evaluation of the City’s relevant labor market shall be conducted approximately every 5 years to ensure that Tracy’s survey cities continue to provide similarity and balance based upon the outlined factors.

Choosing Benchmark Jobs

ATTACHMENT B
to match. More than 10 or 12 agencies, however, does not significantly affect and/or add value to the data results in most cases. This is particularly important when the cost of surveying more age
ncies only makes the survey more costly and time consuming than necessary. 5 • The job contents are well-known, relatively stable over time. • The jobs are common across the number of different employers. • The jobs represent the entire range of jobs being evaluated within an organization. • The jobs are generally accepted in the labor market for the purposes of setting pay levels.

Because it is so important to determine and survey benchmark classes, it is recommended that the City go through a benchmarking process before each survey is conducted. Once the benchmarking process takes place, then the salary survey process should be the only updated process necessary.

Use of Statistics
The City utilizes the median in analyzing total compensation data. Where the City falls significantly under the median after a compensation survey for a classification(s), additional data may be gathered and a salary determination may be made, with other factors also being taken into consideration.

The
median salary is calculated by arranging all salary data points from highest to lowest and using the number
that falls in the center (the City’s salary is not used in the equation). Many times, the set of salaries collected will contain one or more outliers (salaries that extremely high or low in comparison to other salaries), which can lead to a distorted representation of the typical salary.

ATTACHMENT B
It is unnecessarily burdensome and expensive to survey all of the City’s classifications. Benchmark clas
sifications play an important role in compensation surveys because they allow pay levels to be determined from the information collected on one job to apply to other similar jobs. Benchmark po
sitions have four characteristics:

ATTACHMENT C

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

TRACY CITY COUNCIL
RESOL
UTION NO. _______________
AUTHO
RIZING 1) AMENDMENTS TO THE CITY’S CLASSIFICATION AND

COMPENSATION PLANS AND MASTER SALARY SCHEDULE TO INCREASE

THE SALARY OF THE ECONOMIC DEVELOPMENT MANAGER POSITION,

ENABLE THE INTERNAL ALIGNMENT OF VARIOUS CLASSIFICATIONS ,

AND COMPLY WITH STATE MANDATORY MINIMUM WAGE INCREASE S EFFECTIVE JANUARY 1, 2023, 2) ADOPTION OF A COMPENSATION

PHILOSOPHY AS A GUIDING DOCUMENT FOR COMPENSATION
WHEREAS, The City has established Classification and Compensation Plans and Master Salary
Schedule detailing all job classifications and salary ranges; and WHEREAS, 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
WHE
REAS, In an endeavor to have a sound classification plan, and with City Council concurrence, the City contracted with Koff & Associates to conduct a comprehensive “Wall-to- Wall” Classification and Compensation Study to be completed in two phases; and WHEREAS, The first phase was the classification review, which ensured class descriptions accurately reflected work performed by incumbents, and this first phase was adopted by Council and finalized in February 2021 (Attachment C - Resolution 2021-014); and WHEREAS, The Compensation Study is the second phase of the process of the Wall-to- Wall Study, which study reflected the City’s effort to ensure employees are paid on a fair and competitive basis and allows the City to recruit and retain a high-quality staff; and WHEREAS, The Human Resources Department created an Internal Alignment Committee, which reviewed the Compensation Study data and made a recommendation on implementation; and
WHEREAS, The Internal Alignment Committee recommended amendments to the City’s Classification and Compensation Plans and Master Salary Schedule to enable the internal alignment of various classifications, which recommendations are reflected in the proposed Master Salary Schedule shown on Attachment A (Proposed Master Salary Schedule); and WHEREAS, The Internal Alignment Committee recommends adopting a Compensation Philosophy to be used as a guiding document for compensation, which is reflected in Attachment B (Compensation Philosophy); and
Resolution 2022-_____

WHEREAS, To alleviate recruitment issues, staff also recommends a salary increase for the Economic Development Manager position, which increase is reflected in the Proposed Master Salary Schedule; and
WHEREAS, On July 27, 2022, the Department of Finance certified that based on the annual inflation rate from 7/1/21-6/30/22, under California Labor Code section 1182.12(c)(3)(A), the California state hourly minimum wage must be increased, effective January 1, 2023, to $15.50 an hour; and
WHEREAS, 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 the City Council to 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 the Cit y Council approve a Master Salary Schedule reflecting the salaries of all personnel; and
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
RESOLVED: 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 t o the City’s Classi
fication and Compensation Plans and M aster Salary Schedule, as set forth in the Proposed Master Salary Scheduled shown in Attachment A, to increase the salary of the Economic Development Manager position, enable the internal alignment of various classifications, and comply with mandatory minimum wage increases effective January 1, 2023; and be it further
RESOLVED: That the Proposed Master Salary Schedule shall become effective January 1,
2023; and be it further
RESOLVED: That the City Council hereby adopts the Compensation Philosophy set forth in Attachment B as a guiding document for compensation. * * * * * *
* * * * * * * *
Resolution 2022-_____

___________________________________________
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
AYES:

NOES:

ABSENT:

COUNCIL MEMBERS:

COUNCIL MEMBERS:

COUNCIL MEMBERS:

ABSTENTION: COUNCIL MEMBERS:

The foregoing Resolution 2022-_____ was adopted by the Tracy City Council on the 6th day of December, 2022, by the following vote:

Decem ber 6, 2022
Agenda Item 1.I
RECOMM

ENDATION
Staf
f recommends that the City Council approve the Inspection Improvement Agreement for Tract 4135, Tracy Hills Village 7, in Tracy Hills Phase 2 between City and Lennar Homes of California, LLC to proceed with the construction of street and utility improvements.

EXECUT

IVE SUMMARY
This
item involves the approval of the Inspection Improvement Agreement for Tract 4135, Tracy Hills Village 7, in Tracy Hills Phase 2 (Project), which will allow Lennar Homes of California, LLC (Developer) to proceed at Developer’s sole and exclusive risk with the construction of public street and utility improvements within the Project, which are ultimately intended to be dedicated to the City, prior to the City’s formal approval of the Improvement Plans for such improvements.

ANALYSI
S
Lennar Ho
mes of California, LLC, is the developer of Tract 4135, Tracy Hills Village 7, in Tracy Hills Phase 2. The Vesting Tentative Map for Tracy Hills Phase 2 was approved by the City Council on October 19, 2021, by Resolution No. 2021-154, which is on file with the City Clerk and is incorporated here by reference. In accordance with the Conditions of Approval for the Vesting Tentative Map, the Developer is required to complete construction of public streets and utility improvements within Tract 4135, Tracy Hills Village 7.

Imp
rovement Plans for the required 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. The partially approved submitted plans and specifications are on file with the City Engineer under ENG22-0024 and include the improvement plans entitled “Rangewood, Tract 4135, Village 7, Tracy Hills Phase 2A,” the joint trench plans entitled “Joint Trench Composite Plan, Tracy Hills Phase 2A, Village 7,” and the street light plans entitled “Street Lighting Plan Set, Tracy Hills, Village 7.”
In or
der 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 plans. Approval of the Inspection Improvement Agreement will facilitate Developer’s efforts to meet its development schedule.

Devel
oper 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 does not conform, in the City Engineer’s determination, to the Improvement 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 in accordance with the approved plans, at the Developer’s sole cost, before the City will approve the Temporary or Final Occupancy of Tract 4135, Tracy Hills Village 7.

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 unapproved submitted Agenda Item 1.I
December 6, 2022

Improvement Plans, and will periodically advise Developer whether the work appears to be proceeding in conformance
with the submitted plans.

The Developer will enter into a Subdivision Improvement Agreement with the City at a later date. Staff will return to City Council for approval of the Subdivision Improvement Agreement, which will supersede the Inspection Improvement Agreement. Subsequent to the approval of Subdivision Improvement Agree ment and completion of improvements, accept ance of the public improvements will proceed in accordance with normal City procedures.

The Developer has executed the I nspection 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 c ost o f plan checking, engineer
ing inspection and processing of the Inspection Improvement Agreement.

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

ACTION REQUESTED OF THE CITY COUNCIL
That City Council, by resolution, approve the Inspection Improvement Agr eement for Tract 4135, Tracy Hills Village 7, in Tracy Hills Phase 2 between City and Lennar Homes of California, LLC to proceed with the construction of street and utility improvements.

P
repared by: Al Gali, Associate Engineer
Reviewed by: Robert Armijo, PE, City Engineer / Assist ant Development Services Director Kris Balaji, PMP, PE, Development Services Director
Sara Cowell, Finance Director
Midori Lichtwardt, Assistant City Manager
Approved by: Michael Rogers, City Manager
Attachments:

Attachment A – Location Map
Attachment B – Inspection Improvement Agreement
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TRACT NO. 4135

SUBDJVISJONS OF SAN JOAQUIN COUNTY
TRACY HILLS VILLAGE 7
BEING A SUBDIVISION OF PARCEL 2
AS SHOWN ON THE PARCEL IIAP RECORDED _____ 2022
IN BOOK _ OF PARCEL IIAPS AT PAGE _
OfflCIAL RECORDS OF SAN JOAQUIN COUNTY,
BEING A PORTION OF SECTIONS 18 AND 19, T. 3 S.. R. 5 E.

TATION NO. J022
FOUND J• BRASS DISK
111TH PUNOI STAMPfD
l1259 1974•

MOUNT DIABLO IIERIDIAN

CITY OF TRACY

SAN JOAQUIN COUNTY, CALIFORNIA

RUGGERI-JENSEN-AZAR

CIVIL ENGINEERS, PLANNERS, SURVEYORS
PIEASANTON, CAllFORNIA
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-
s,A,E of c;AUfORNIA - cAUfORNIA AGUEDUC'T
(2677 O.R, 2 04 / 2690 O.R. 62 / 2722 O.R. 2J0 / 2886 _o._R._J_15;..) - - - - - - �,L...---- - - - __\..�:4',-- -- IIAY 2022 GRID NOTE:
(2915 QR. 621) "'
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THE DISTANCES SHOWN HEREON ARE GRID DISTANCES. MULTIPLY DISTANCES BY 1.0000612 TO 08TAJN GROUND LE\IEL DISTANCES.

BASIS OF BEARINGS
THE LINE TAKEN AS N44"38'35"W BETWEEN TWO FOUND MONUMENTS (STATION NUMBER 2060 AND STATION NUMBER 3022) OF THE CITY Of lRACY GEODETIC CONTROL NETWORK, 'M-IICH IS BASED UPON THE CALIFORNIA STATE PLANE COORDINATE S'tSTEM, ZONE 3, NAO 83 (EPOCH 2004.0), AS SHOWN ON THE RECORD OF SURl,£Y FIL.ED JJNE 26, 2007, IN BOOK 36 OF SURVEYS AT PAGE 118, OFFlCIAL

RECORDS OF SAN JOAQUIN COUNTY, IS THE BASIS OF BEARINGS FOR THIS MAP.

LEGEND
---- - - - ---- TRACT MAP BOUNDARY LINE
----------- LOT LINE
- - - - - - - EXISTING EASEMENT LINE
-------------- NEW EASEMENT LINE
-- - - --- - - -- MONUMENT LINE
---------- MONUMENT TIE LINE
----------- EXISTING PROPERTY LINE
@ FOUND MONUMENT AS NOTED
@ SET STANDARD MONUMENT, STAMPED LS 6441
o SET 3/4" IRON PIPE OR NAIL & TAG, STAMPED LS 6441

LME LANDSCAPE MAINTENANCE EASEMENT

PUE PUBLIC UTILITY EASEMENT
EX. EXISTING
SQ.FT. SQUARE FEET
(LOT) LOT LINE DIMENSION
(M-M) MONUMENT TO MONUMENT
(M-ML) MONUMENT TO MONUMENT LINE
(M-PL) MONUMENT TO PROPERTY LINE
(TIE-PL) TIE TO PROPERTY LINE
(R) RADIAL
(T) TOTAL
O.R. omCIAL RECORDS
( DATA )(1) RECORD DATA & REFERENCE
.LLLLLLLL. ABUTTERS RIGHTS OF ACCESS RELINQUISHED
REFERENCES:
(1) DMSION OF HIGHWA'tS. DISTRICT 10, STATE HIGHWAY
MAP 10 S.J. 580 11.D SHEETS 9 TO 13 OF 21 SHEETS
AND DEED 3D95 O.R. 714 SAN JOAQUIN COUNTY RECORDS.
(2) RECORD OF SURl,£Y, 33 RS 57
(3) GRANT DEED. 2013-015451
(4) GRANT DEEDS. 2012-167580. 2012-167581, & 2005-249673 (5) CITY OF TRACY GEODETIC CONTROL NETWORK RECORD OF
SURVEY, 36 RS 118
(6) PARCEL MAP, 25 PM 168
(7) RECORD OF SURl,£Y, 30 RS 163
(B) COUNTY ROAD NO. 544 PLAN & PROfll.E SHEETS 3-7
INDEX NO. DD#-1141; DATED 1959
(9) TRACT NO. 4133, _ M & P _
JOB NO. 201068 SHEET 3 or tl SHEETS
Attachment A
Attachment B

DocuSign Envelope ID: 4CD3035F-9AFC-488B-B4DF-D9F13E337EDC A f vJLY u, , ,a(.;y - 111.::;µt:(.;uu11 1111µ1uvt:111t:11L greemen Tract 4135, Tracy Hills Village 7

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.

3.4. Monumentation security in the amount of $24,125.00 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

DocuSign Envelope ID: 4CD3035F-9AFC-488B-B4DF-D9F13E337EDC A fvlLY UI I I i::::l(.;Y - lll� f.Jt::(.;LJU/1 Ill If.JI UVt::l llt::l ll greemen Tract 4135, Tracy Hills Village 7

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

City of Tracy Developer

LENNAR HOMES OF CALIFORNIA, LLC
a California limited liability company
Nancy D. Young, Mayor
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
�DocuSlgned by:
t;viJ,fi-klkr
Y��Prff�f'Ko Iler
Title: Vice President
Date: 10/26/2022
93-1223261
Federal Employer Tax ID No. ____ _

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

TRACY CI

TY COUNCIL
RESOL
UTION 2022-_____
APPROV

ING THE INSPECTION IMPROVEMENT AGREEMENT FOR TRACT
4135, TRACY HILLS VILLAGE 7, IN TRACY HILLS PHASE 2 BETWEEN CITY

AND LENNAR HOMES OF CALIFORNIA, LLC TO PROCEED WITH THE

CONSTRUCTION OF STREET AND UTILITY IMPROVEMENTS
WHEREAS, Lennar Homes of California, LLC, is the developer of Tract 4135, Tracy Hills Village 7, being situated within the boundaries of that ce rtain Vesting Tentative Map, Tract 4057, Tracy Hills Phase 2, approved by the City Council on October 19, 2021, by Resolution No. 2021-154; and
WHEREAS, Lennar Homes of California, LLC (Developer) i s required to complete construction of public streets and utility improvements within Tract 4135, Tracy Hills Village 7, and has submitted Improvement Plans for said improvements, filed under ENG22-0025, which are currently under review by the City Engineer but are not yet approved, and include the improvement
plans entitled "Rangewood, Tract 4135, Village 7, Tracy Hills Phase 2A,” the joint trench plans entitled “Joint Trench Composite Plan, Tracy Hills Phase 2A, Village 7,” and the str
eet light plans entitled “Street Lighting Plan Set, Tracy Hills, Village 7;” and WHEREAS, In order to meet its development schedule, developer intends to commence construction of the required public improvements based on the su bmitted plans before the City completes its review and approval of the plans, in accordance with the terms and conditions of the Inspection Improvement Agreement; and
WHEREAS, Developer acknowledges and agrees that it will be proceeding with the work at its sole and exclusive r isk, and that if any of the work completed by developer under the Inspection Improvement Agreem ent does not conform, in the City Engineer’s determi nation, t o the Improvement 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

WHEREAS, T
he 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 publ ic improvements in accordance with normal City procedures under the Subdivision Improvement Agreement; and WHEREAS, The Developer has executed the Inspection Improvement Agreement and has
submitted the required security to guarantee completion of the public impr ovements; now, therefore, be it
Resolution 2022-_____

RESOLVED: That the City Council of the City of Tracy hereby approves the Inspection Improvement Agreement for Tract 4135, Tracy Hills Village 7, in Tracy Hills Phase 2 between City and Lennar Homes of California, LLC to proceed with the construction of street and utility improvements.
* * * * * * * * * * * *
* *
The foregoing Resolution 2022-_____ was adopted by the Tracy City Council on the 6th day of December 2022 by the following vote:

AYES: COUNCI
L MEMBERS:

NO
ES: CO
UNCIL MEMBERS:

ABSEN
T: COUNCI
L 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
December 6, 2022
Agenda Item 1.J

RECOMME

NDATION
Staff
recommends that the City Council approve the Inspection Improvement Agreement for Tract 4136, Tracy Hills Village 8, in Tracy Hills Phase 2 between City and Lennar Homes of California, LLC, to proceed with the construction of street and utility improvements.

EXECUTI

VE SUMMARY
This it
em involves the approval of the Inspection Improvement Agreement for Tract 4136, Tracy Hills Village 8, in Tracy Hills Phase 2 (Project), which will allow Lennar Homes of California, LLC (Developer) to proceed at Developer’s sole and exclusive risk with the construction of public street and utility improvements within the Project, which are ultimately intended to be dedicated to the City, prior to the City’s formal approval of the Improvement Plans for such improvements.

ANALYSIS

Lennar Hom
es of California, LLC, is the developer of Tract 4136, Tracy Hills Village 8, in Tracy Hills Phase 2. The Vesting Tentative Map for Tracy Hills Phase 2 was approved by the City Council on October 19, 2021, by Resolution No. 2021-154, which is on file with the City Clerk and is incorporated here by reference. In accordance with the Conditions of Approval for the Vesting Tentative Map, the Developer is required to complete construction of public streets and utility improvements within Tract 4136, Tracy Hills Village 8.

Impr
ovement Plans for the required 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. The partially approved submitted plans and specifications are on file with the City Engineer under ENG22-0025 and include the improvement plans entitled “Ridgerton, Tract 4136, Village 8, Tracy Hills Phase 2A,” the joint trench plans entitled “Joint Trench Composite Plan, Tracy Hills Phase 2A, Village 8,” and the street light plans entitled “Street Lighting Plan Set, Tracy Hills, Village 8.”
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 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 sole and exclusive risk, and that if any of the work completed by Developer does not conform, in the City Engineer’s determination, to the Improvement 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 in accordance with the approved plans, at the Developer’s sole cost, before the City will approve the Temporary or Final Occupancy of Tract 4136, Tracy Hills Village 8.

In an eff
ort to minimize the risk of such non-conformities, the City will periodically inspect Developer’s work in constructing the public improvements shown on the unapproved submitted Agenda Item 1.J
December 6, 2022

Improvement Plans, and will periodically advise Developer whether the work appears to be proceeding in conformance wit
h the submitted plans.

The Developer will enter into a Subdivision Improvement Agreement with the City at a later date. Staff will return to City Council for approval of the Subdivision Improvement Agreement, which will supersede the Inspection Improvement Agreement. Subsequent to the approval of Subdivision Improvement Agreement and completion of imp rovements, acceptance of the public improvements will proceed in accordance with normal City procedures.

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

FI

SCAL 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 Ins pection Improvement Agreement.

STRATEGIC PLAN
This item is consistent with t he City Council’s approved Economic Development Strategy to ensure that physical infrastructure necessar y for development is constructed.

ACTION REQUESTED OF THE CITY COUNCIL
That City Council, by resol ution, approve the Inspection Improvement Agreement for Tract 4136, Tracy Hills Village 8, in Tracy Hills Phase 2 between City and Lennar Homes of California, LLC, to proceed with the construction of street and utility improvements.

Prepared by: Al Gali, Associate Engineer
Reviewed by: Robert Armijo, PE, City Engineer / Assistant Development Services Director Kris Balaji, PMP, PE, Development Services Director
Sara Cowell, Finance Director
Midori Lichtwardt, Assistant City Manager
Approved by: Michael Rogers, City Manager
Attachments:

Attachment A – Location Map
Attachment B – Inspection Improvement Agreement
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TRACT NO. 4136

SUBDIVISIONS OF SAN JOAQUIN COUNTY
TRACY HILLS VILLAGE 8

BEING A SUBDIVISION OF THE DESIGNATED REIWIIDER
AS SH01111 ON TRACT NO. 4135 RECORDED _____ 2022
IN BOOK - or IIAPS AND PLATS AT PAGE -
OfflCLIL RECORDS OF SAN JOAQUIN COUNTY,
BEING A PORTION OF SllCTIONS 16 AND 19, T. 3 S., R. 5 E.

TATION NO. 3022
FOUND f BRASS DISK
NTH PUNal STAMPfD
11259 1974"
IIOUNT DIABI.O IIERIDIAN

CITY OF TRACY

SAN JOAQUIN COUNTY, CALIFORNIA

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THE DISTANCES SHOY,t,1 HEREON ARE GRID DISTANCES. MULTIPLY DISTANCES BY 1.0000612 TO OBTAIN GROUND LEVEL DISTANCES.

BASIS OF BEARINGS
THE LINE TAKEN AS N44'38'35"W BET\\EEN TWO FOUND MONUMENTS (STATION NUMBER 2060 AND STATION NUMBER 3022) OF THE CITY OF TRACY GEODETIC CONTROL NETWORK, \\lilCH IS BASED UPON THE CALIFORNIA STATE PLANE COORDINATE SYSTEM, ZONE 3, NAD 83 (EPOOi 2004.0), AS SHOY,t,1 ON THE RECORD OF SURVEY FlLEO ..UNE 26, 2007, IN BOOK 36 OF SUR'.£YS AT PAGE 118, OfFIOAL

RECORDS OF SAN JOAQUIN COUNTY, IS THE BASIS OF BEARINGS FOR lHIS MAP.

LEGEND
---- - - - ---- TRACT MAP BOUNDARY LINE
----------- LOT LINE
- - - - - - - EXISTING EASEMENT LINE
-------------- NEW EASEMENT LINE
-- - - --- - - -- MONUMENT LINE
· ································································ · MONUMENT TIE LINE ----------- EXISTING PROPERTY LINE
@ FOUND MONUMENT AS NOTED
@ SET STANDARD MONUMENT, STAMPED LS 6441
o SET 3/4" IRON PIPE OR NAIL & TAG, STAMPED LS 6441

LME LANDSCAPE MAINTENANCE EASEMENT

PUE PUBLIC UTILITY EASEMENT
EX. EXISTING
SQ.FT. SQUARE FEET
(LOT) LOT LINE DIMENSION
(M-M) MONUMENT TO MONUMENT
(M-ML) MONUMENT TO MONUMENT LINE
(M-PL) MONUMENT TO PROPERTY LINE
(TIE-PL) TIE TO PROPERTY LINE
(R) RADIAL
(T) TOTAL
O.R. OfFIOAL RECORDS
( DATA )(1) RECORD DATA & REFERENCE
.L.LLLLLL.L. ABUTTERS RIGHTS OF ACCESS RELINQUISHED
REFERENCES:
(t) Dl'1SION OF HIGHWAYS, DISTRICT 10, STATE HIGHWAY
MAP 10 S.J. 580 11.0 SHEETS 9 TO 13 OF 21 SHEETS
AND DEED 3095 O.R. 714 SAN JOAQUIN COUNTY RECORDS.
(2) RECORD OF SUR'.£Y, 33 RS 57
(3) GRANT DEED, 2013-015451
(4) GRANT DEEDS, 2012-167580, 2012-1675B1, & 2005-249673 (5) CITY OF TRACY GEODETIC CONTROL NETWORK RECORD OF
SUR.t:Y, 36 RS 118
(6) PARCEL MAP, 25 PM 168
(7) RECORD OF SURVEY, 30 RS 163
(8) COUNTY ROAD NO. 544 PLAN & PROFll£ SHEETS 3-7
INDEX NO. 0D44-1146 DATED 1959
(9) TRACT NO. 4133, _ M & P _
(10) TRACT NO. 4135, _ M & P _
JOB NO. 201066 SHEET 3 OF 10 SHEETS
Attachment A
Attachment B

DocuSign Envelope ID: 4CD3035F-9AFC-488B-B4DF-D9F13E337EDC A f Lt/LY U/ I /i::1c;y - /ll;:j/Jt;;c;l/UII lll lfJIUVt::lllt::IIL greemen Tract 4136, Tracy Hills Village 8

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.

3.4. Monumentation security in the amount of $20,875.00 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

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

TRACY CI

TY COUNCIL
RESOL
UTION 2022-_____
APPROV

ING THE INSPECTION IMPROVEMENT AGREEMENT FOR TRACT
4136, TRACY HILLS VILLAGE 8, IN TRACY HILLS PHASE 2 BETWEEN CITY

AND LENNAR HOMES OF CALIFORNIA, LLC TO PROCEED WITH THE

CONSTRUCTION OF STREET AND UTILITY IMPROVEMENTS
WHEREAS, Lennar Homes of California, LLC, is the deve loper of Tract 4136, Tracy Hills Village 8, being situated within the boundaries of that certain Vesting Tentative Map, Tract 4057, Tracy Hills Phase 2, approved by the City Council on October 19, 2021, by Resolution No. 2021-154; and
WHEREAS, Lennar Homes of California, LLC (Developer) is required to complete construction of public streets and utility improvements within Tract 4136, Tracy Hills Village 8, and has submitted Improvement Plans for said improvements, filed under ENG22-0025, which are currently under review by the City Engineer but are not yet approved, and include the improvement plans entitled “Ridgerton, Tract 4136, Village 8, Tracy Hills Phase 2A,” the joint trench plans entitled “Joint Trench Composite Plan, Tracy Hills Phase 2A, Village 8,” and the street light plans entitled “Street Lighting Plan Set, Tracy Hills, Village 8;” and

WHEREAS,
In order to meet its development schedule, developer intends to commence const
ruction of the required public improvements based on the submitted plans before the City completes its review and approval of the plans, in accordance with the terms and conditions of the Inspection Improvement Agreement; and
WHEREAS, 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 Improvement 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 WHEREAS, 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

WHEREAS, T
he Developer has executed the Inspection Improvement Agreement and has
submitted the required security to guarantee completion of the public impr ovements; now, therefore, be it
Resolution 2022-_____

RESOLVED: That the City Council of the City of Tracy hereby approves the Inspection Improvement Agreement for Tract 4136, Tracy Hills Village 8 in Tracy Hills Phase 2 between City and Lennar Homes of California, LLC to proceed with the construction of street and utility improvements.
* * *
* * * * * * * * * * *
The foregoing Resolution 2022-_____ was adopted by the Tracy City Council on the 6th of December 2022 by the following vote:

AYES: CO
UNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEM BERS:

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
December 6, 2022
Agenda Item 1.K

RECOMME

NDATION
Staff
recommends that the City Council approve the Inspection Improvement Agreement for Tract 4137, Tracy Hills Village 9, in Tracy Hills Phase 2 between City and Lennar Homes of California, LLC to proceed with the construction of street and utility improvements.

EXECUTI

VE SUMMARY
This it
em involves the approval of the Inspection Improvement Agreement for Tract 4137, Tracy Hills Village 9, in Tracy Hills Phase 2 (Project), which will allow Lennar Homes of California, LLC (Developer) to proceed at Developer’s sole and exclusive risk with the construction of public street and utility improvements within the Project, which are ultimately intended to be dedicated to the City, prior to the City’s formal approval of the Improvement Plans for such improvements.

ANALYSIS

Lennar Hom
es of California, LLC, is the developer of Tract 4137, Tracy Hills Village 9, in Tracy Hills Phase 2. The Vesting Tentative Map for Tracy Hills Phase 2 was approved by the City Council on October 19, 2021, by Resolution No. 2021-154, which is on file with the City Clerk and is incorporated here by reference. In accordance with the Conditions of Approval for the Vesting Tentative Map, the Developer is required to complete construction of public streets and utility improvements within Tract 4137, Tracy Hills Village 9.

Impr
ovement Plans for the required 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. The partially approved submitted plans and specifications are on file with the City Engineer under ENG22-0027 and include the improvement plans entitled “Rockingham, Tract 4137, Village 9, Tracy Hills Phase 2A,” the joint trench plans entitled “Joint Trench Composite Plan, Tracy Hills Phase 2A, Village 9,” and the street light plans entitled “Street Lighting Plan Set, Tracy Hills, Village 9.”
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 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 sole and exclusive risk, and that if any of the work completed by Developer does not conform, in the City Engineer’s determination, to the Improvement 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 in accordance with the approved plans, at the Developer’s sole cost, before the City will approve the Temporary or Final Occupancy of Tract 4137, Tracy Hills Village 9.

In an eff
ort to minimize the risk of such non-conformities, the City will periodically inspect Developer’s work in constructing the public improvements shown on the unapproved submitted Agenda Item 1.K
December 6, 2022

Improvement Plans, and will periodically advise Developer whether the work appears to be proceeding in conformance
with the submitted plans.

The Developer will enter into a Subdivision Improvement Agreement with the City at a later date. Staff will return to City Council for approval of the Subdivision Improvement Agreement, which will supersede the Inspection Improvement Agreement. Subsequent to the approval of Subdivision 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 Im
provement 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 wi th the City Council’s approve d Economic Development Strategy to ensure that physical infrastructure necessary for development is constructed.

ACT

ION REQUESTED OF THE CITY COUNCIL
That City Council, by resolution, appro ve the Inspection Improvement Agreement for Tract 4137, Tracy Hills Village 9, in Tracy Hills Phase 2 between City and Lennar Homes of California, LLC to proceed with the construction of street and utility improvements.

Prepared by: Al Gali, Associate Engineer
Reviewed by: Robert Arm ijo, PE, City Engineer / Assistant Development Services Director Kris Balaji, PMP, PE, Development Services Director
Sara Cowell, Finance
Director
Kar
in Schnaider, Assistant City Manage r
Approved by: Michael Rogers, City Manager
Attachments:

Attachm
ent A – Location Map
Attachment B – Inspection Improvement Agreement
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FOUND 2• DISK IN CONCRETE
STAJIPED •2079• RESlT
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TRACT NO. 4137

SUBDJVISJONS OF SAN JOAQUIN COUNTY
TRACY HILLS VILLAGE 9

BEING A SUBDIVISION OF THE DESIGNATED REIIAINDER
AS SHOWN ON TRACT NO. 4136 RECORDED _____ 2022
IN BOOK _ OF 11.APS AND PLATS AT PAGE _
OfflCIAL RECORDS OF SAN JOAQUIN COUNTY,
BEING A PORTION OF SECTIONS 18 AND 19, T. 3 S., R. 5 E.

TATION NO. J022
FOUND J• BRASS DISK
111TH PUNOI STAMPfD
l1259 1974•

MOUNT DIABLO IIERIDIAN

CITY OF TRACY

SAN JOAQUIN COUNTY, CALIFORNIA

RUGGERI-JENSEN-AZAR
"--SIVIL ENGINEERS, PLANNERS, SURVEYORS
Pl&ASANTON, CAllFORNIA
---------------
-
s,A,E of c;AUfORNIA - cAUfORNIA AGUEDUC'T
(2677 O.R, 20 4 / 2690 O.R. 62 / 2722 O.R. 2JO / 28 86
_0._
R._J _,S;..)- - - - - - �,L. ..---- - - - _\.. �:4>,-- -- IULY 2022 GRID NOTE:
(2915 QR. 621) "'
FOUND 2• IRON PIPE 'MTH
BRASS CAP 1.0' ABO\£
DtAffkTRIC,!,'g(TSOFJ
GllaJNO STAMPED '0, •R.' \
Nsn2·1s"W 16475.BJ'(ll-u)
{NS"2'JO.,, l64756J')(1X2)
S -1,i, C1l )-Q
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1HB,s·56·w J00.67'
\
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RESULTANT PARCEL 2
20 I 6-093955
LOT UN£ ADJUSTMENT PA 13-30
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JOB NO. 201068
THE DISTANCES SHOY,N HEREON ARE GRID DISTANCES. MULTIPLY DISTANCES BY 1.0000612 TO OBTAIN GROUND LE\IEL DISTANCES.

BASIS OF BEARINGS
THE LINE TAKEN AS N44"38'35"W BE-r.{EN TWO FOUND MONUMENTS (STATION NUMBER 2060 ANO STATION NUMBER 3022) OF THE CITY Of lRACY GEODETIC CONTROL NETWORK, 'M-IICH IS BASED UPON THE CALIFORNIA STATE PLANE COORDINATE S'tSTEM, ZONE 3, NAO 83 (EPOCH 2004.0), AS SHOY,N ON THE RECORD OF SURl,£Y FIL.ED JJNE 26, 2007, IN BOOK 36 OF SURVEYS AT PAGE 118, OFFlCIAL

RECORDS OF SAN JOAQUIN CCXJNTY, IS THE BASIS OF BEARINGS FOR THIS MAP.

LEGEND
---- - - - ---- TRACT MAP BOUNDARY LINE
----------- LOT LINE
- - - - - - - EXISTING EASEMENT LINE
-------------- NEW EASEMENT LINE
-- - - --- - - -- MONUMENT LINE
---------- MONUMENT TIE LINE
----------- EXISTING PROPERTY LINE
@ FOUNO MONUMENT AS NOTED
@ SET STANDARD MONUMENT, STAMPED LS 6441
o SET 3/4' IRON PIPE OR NAIL & TAG, STAMPED LS 6441

LME LANOSCAPE MAINTENANCE EASEMENT

PUE PUBLIC UTILITY EASEMENT
EX. EXISTING
SQ.FT. SQUARE FEET
(LOT) LOT LINE DIMENSION
(M-M) MONUMENT TO MONUMENT
(M-ML) MONUMENT TO MONUMENT LINE
(M-PL) MONUMENT TO PROPERTY LINE
(TIE-PL) TIE TO PROPERTY LINE
(R) RAOIAL
(T) TOTAL
O.R. omCIAL RECORDS
( DATA )(1) RECORD DATA & REFERENCE
.LLLLLLLL. ABUTTERS RIGHTS Of ACCESS RELINQUISHED
REFERENCES:
(1) DIV1SION OF HIGHWAYS, DISTRICT 10, STATE HIGHWAY
MAP 10 S.J. 580 11.0 SHEETS 9 TO 13 OF 21 SHEETS
AND DEED 3095 O.R. 714 SAN JOAQUIN CCXJNTY RECORDS.
(2) RECORD OF SURl,£Y, 33 RS 57
(3) GRANT DEED. 2013-015451
(4) GRANT DEEDS, 2012-167580, 2012-167581, & 2005-249673 (5) CITY Of TRACY GEODETIC CONTROL NETWORK RECORD Of
SURVEY, 36 RS 118
(6) PARCEL MAP, 25 PM 168
(7) RECORD OF SURl,£Y, 30 RS 163
(8) CCXJNTY ROAD NO. 544 PLAN & PROfll.E SHEETS 3-7
INDEX NO. 0044-1146 DATED 1959
(9) TRACT NO. 4135, _ M & P _
(10) TRACT NO. 4136, _ M & P _
SHEE."I' 3 OF 10 SHEETS
Attachment A
Attachment B

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

TRACY CIT

Y COUNCIL
RESOLU
TION 2022-_____

APPROVING THE INSPECTION IMPROVEMENT AGREEMENT FOR TRACT 4137, TRACY HILLS VILLAGE 9, IN TRACY HILLS PHASE 2 BETWEEN CITY

AND LENNAR HOMES OF CALIFORNIA, LLC TO PROCEED WITH THE

CONSTRUCTION OF STREET AND UTILITY IMPROVEMENTS
WHEREAS, Lennar Homes of California, LLC, is the developer of Tract 4137, Tracy Hills Village 9, being situated within the boundaries of that ce rtain Vesting Tentative Map, Tract 4057, Tracy Hills Phase 2, approved by the City Council on October 19, 2021, by Resolution No. 2021-154; and
WHEREAS, Lennar Homes of California, LLC (Developer) is required to complete construction of public streets and utility improvements within Tract 4137, Tracy Hills Village 9, and has submitted Improvement Plans for said improvements, filed under ENG22-0027, which are currently under review by the City Engineer but are not yet approved, and include the improvement plans entitled “Rockingham, Tract 4137, Village 9, Tracy Hills Phase 2A,” the joint trench plans entitled “Joint Trench Composite Plan, Tracy Hills Phase 2A, Village 9,” and the street light plans entitled “Street Lighting Plan Set, Tracy Hills, Village 9;” and WHEREAS, In order to meet its development schedule, developer intends to commence const
ruction of the required public improvements based on the submitted plans before the City completes its review and approval of the plans, in accordance with the terms and conditions of the
Inspection Improvement Agreement; and
WHEREAS, 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, t o the Improvement Plans ultimately approved by t he City, developer will be required to remove and/or correct any non-conformities to the reasonable satisfaction of the City Engineer; and

WHEREAS, T
he 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

WHEREAS, T
he Developer has executed the Inspection Improvement Agreement and has
submitted the required security to guarantee completion of the public improvements; now, therefore, be it
Resolution 2022-_____

RESOLVED: That the Ci ty Council of the City of Tracy hereby approves the Inspection Improvement Agreement for Tract 4137, Tracy Hills Village 9, in Tracy Hills Phase 2, between City and Lennar Homes of California, LLC to proceed with the construction of street and utility improvements.
* * * * *
* * * * * * * * *
The foregoing Resolution 2022-_____ was adopted by the Tracy City Council on the 6th day of December 2022 by the following vote:

AYES: COUNCI
L MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTENTION COUNCIL MEMBERS:
___________________________________________
NANCY D.

YOUNG
Mayor of the City of Tracy, California
ATTEST:

ADRIANNE RICHARDSON
City Clerk and Clerk of the Council of the
City of Tracy, California
December 6, 2022
Agenda Item 1.L

RECOMME

NDATION
Staff
recommends that the City Council approve the Inspection Improvement Agreement for Tract 4138, Tracy Hills Village 10, in Tracy Hills Phase 2 between City and Lennar Homes of California, LLC, to proceed with the construction of street and utility improvements.

EXECUTI

VE SUMMARY
This it
em involves the approval of the Inspection Improvement Agreement for Tract 4138, Tracy Hills Village 10, in Tracy Hills Phase 2 (Project), which will allow Lennar Homes of California, LLC (Developer) to proceed at Developer’s sole and exclusive risk with the construction of public street and utility improvements within the Project, which are ultimately intended to be dedicated to the City, prior to the City’s formal approval of the Improvement Plans for such improvements.

ANALYSIS

Lennar Hom
es of California, LLC, is the developer of Tract 4138, Tracy Hills Village 10, in Tracy Hills Phase 2. The Vesting Tentative Map for Tracy Hills Phase 2 was approved by the City Council on October 19, 2021, by Resolution No. 2021-154, which is on file with the City Clerk and is incorporated here by reference. In accordance with the Conditions of Approval for the Vesting Tentative Map, the Developer is required to complete construction of public streets and utility improvements within Tract 4138, Tracy Hills Village 10.

Impr
ovement Plans for the required 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. The partially approved submitted plans and specifications are on file with the City Engineer under ENG22-0031 and include the improvement plans entitled “Slateshire, Tract 4138, Village 10, Tracy Hills Phase 2A,” the joint trench plans entitled “Joint Trench Composite Plan, Tracy Hills Phase 2A, Village 10,” and the street light plans entitled “Street Lighting Plan Set, Tracy Hills, Village 10.”
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 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 sole and exclusive risk, and that if any of the work completed by Developer does not conform, in the City Engineer’s determination, to the Improvement 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 in accordance with the approved plans, at the Developer’s sole cost, before the City will approve the Temporary or Final Occupancy of Tract 4138, Tracy Hills Village 10.

In an eff
ort to minimize the risk of such non-conformities, the City will periodically inspect Developer’s work in constructing the public improvements shown on the unapproved submitted Agenda Item 1.L
December 6, 2022

Improvement Plans, and will periodically advise Developer whether the work appears to be proceeding in conformance
with the submitted plans.

The Developer will enter into a Subdivision Improvement Agreement with the City at a later date. Staff will return to City Council for approval of the Subdivision Improvement Agreement, which will supersede the Inspection Improvement Agreement. Subsequent to the approval of Subdivision Improvement Agreement and completion of improvements, acceptance of the public improvements will proce ed in accordance w ith normal City procedures.

The Deve
loper 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 pl an checking, engineering inspection and processing of the Inspection Improvement Agreement.

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

ACT

ION REQUESTED OF THE CITY COUNCIL
That City Council, by resolution, appro ve the Inspection Improvement Agreement for Tract 4138, Tracy Hills Village 10, in Tracy Hills Phase 2 between City and Lennar Homes of California, LLC to proceed with the construction of street and utility improvements.

Prepared by: Al Gali, Associate Engineer
Reviewed by: Robert Armijo, PE, City Engineer / Assistant Development Services Director Kris Balaji, PMP, PE, Development Services Director
Sara Cowell, Finance
Director
Kar
in Schnaider, Assistant City Manage r
Approved by: Michael Rogers, City Manager
Attachments:

Attachm
ent A – Location Map
Attachment B – Inspection Improvement Agreement
\✓
/\
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( IN FEET)
1 inch • 800 ft.
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LOT C STAJl'!D "SM NO. 4•
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_ M&:P_
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NOT TO SCAJ.£
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26 PM 77
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-

SITE MAP
SEE SHEET 4 FOR BOUtOARY AN:> SHEET tOEX
- ---""'!.4:.�
,,,,..,,,..15.,,_�---
(S)'
-
STA 710N NO. 2079 RESET
FOUND 2• DISK IN CONCRETE
STAJIPED •2079• R£S£1
LS. 8164 C.R.-�02
TRACT NO. 4138

SUBDIVISIONS OF SAN JOAQUIN COUNTY
TRACY HILLS VILLAGE 10

BEING A SUBDIVISION OF THE DESIGNATED REIIAINDER
AS SHOWN ON TRACT NO. 4137 RECORDED _____ 2022
TATION NO. J022
FOUND J• BRASS DISK
111TH PUNOI STAMPfD
l1259 1974•
IN BOOK _ OF 11.APS ANO PLATS AT PAGE _
OfflCIAL RECORDS OF SAN JOAQUIN COUNTY,
BEING A PORTION OF SECTION 19, T. 3 S., R. 5 E.

MOUNT DIABLO IIERIDIAN

CITY OF TRACY

SAN JOAQUIN COUNTY, CALIFORNIA

RUGGERI-JENSEN-AZAR
---sML ENGINEERS, PLANNERS, SURVEYORS
Pl&SANTON, CAllFORNIA
---------------
-
s,A,E of c;AUfORNIA - c;AUfORNIA AQUEDUCT
(2677 o."· 20 4 / 2690 M 62 / 2122 o.1t 2Jo / 2886 _0._"·_J_,s;_ J ___ ---� ,L. ..---------l-� :,i,,. --- JULY 2022
GRID NOTE:
a,ff:lssTRJC;::rsOFJ
(2915 QR. 621)
�
FOUND 2• IRON PIP£ HITH
BRASS CAP 1.0' ABO\£
GllaJND STAMPED •o. ••· • \
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THE DISTANCES SHOWN HEREON ARE GRID DISTANCES. MULTIPLY DISTANCES BY 1.0000612 TO 08TAIN GROUND LE\IEL DISTANCES.

BASIS OF BEARINGS
THE LINE TAKEN AS N44"38'35"W BETWEEN TWO FOUND MONUMENTS (STATION NUMBER 2060 AND STATION NUMBER 3022) OF THE CITY Of lRACY GEODETIC CONTROL NETWORK, 'M-IICH IS BASED UPON THE CALIFORNIA STATE PLANE COORDINATE S'tSTEM, ZONE 3, NAO 83 (EPOCH 2004.D), AS SHOWN ON THE RECORD OF SURl,£Y FIL.ED JJNE 26, 2007, IN BOOK 36 OF SURVEYS AT PAGE 118, OFFlCIAL

RECORDS OF SAN JOAQUIN COUNTY, IS THE BASIS OF BEARINGS FOR THIS MAP.

LEGEND
---- - - - ---- TRACT MAP BOUNDARY LINE
----------- LOT LINE
- - - - - - - EXISTING EASEMENT LINE
-------------- NEW EASEMENT LINE
-- - - --- - - -- MONUMENT LINE
---------- MONUMENT TIE LINE
----------- EXISTING PROPERTY LINE
@ FOUND MONUMENT AS NOTED
@ SET STANDARD MONUMENT, STAMPED LS 6441
o SET 3/4" IRON PIPE OR NAIL & TAG, STAMPED LS 6441

LME LANDSCAPE MAINTENANCE EASEMENT

PUE PUBLIC UTILITY EASEMENT
EX. EXISTING
SQ.FT. SQUARE FEET
(LOT) LOT LINE DIMENSION
(M-M) MONUMENT TO MONUMENT
(M-ML) MONUMENT TO MONUMENT LINE
(M-PL) MONUMENT TO PROPERTY LINE
(TIE-PL) TIE TO PROPERTY LINE
(R) RADIAL
(T) TOTAL
O.R. omCIAL RECORDS
( DATA )(1) RECORD DATA & REFERENCE
.LLLLLLLL. ABUTTERS RIGHTS Of ACCESS RELINQUISHED
REFERENCES:
(1) DIV1SION OF HIGHWAYS, DISTRICT 10, STATE HIGHWAY
MAP 10 S.J. 580 11.0 SHEETS 9 TO 13 OF 21 SHEETS
AND DEED 3095 O.R. 714 SAN JOAQUIN COUNTY RECORDS.
(2) RECORD OF SURl,£Y, 33 RS 57
(3) GRANT DEED. 2013-015451
(4) GRANT DEEDS, 2012-167580, 2012-167581, & 2005-249673 (5) CITY Of TRACY GEODETIC CONTROL NETWORK RECORD Of
SURVEY, 36 RS 118
(6) PARCEL MAP, 25 PM 168
(7) RECORD OF SURl,£Y, 30 RS 163
(8) COUNTY ROAO NO. 544 PLAN & PROfll.E SHEETS J-7
INDEX NO. D044-11-46 DATED 1959
(9) TRACT NO. 4136, _ M & P _
(10) TRACT NO. 4137, _ M & P _
SHEl:r 3 OF 12 SHEETS
Attachment A
Attachment B

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

Y CITY COUNCIL
RES
OLUTION 2022-_____

APPROVING THE INSPECTION IMPROVEMENT AGREEMENT FOR TRACT 4138, TRACY HILLS VILLAGE 10, IN TRACY HILLS PHASE 2 BETWEEN CITY

AND LENNAR HOMES OF CALIFORNIA, LLC TO PROCEED WITH THE

CONSTRUCTION OF STREET AND UTILITY IMPROVEMENTS
WHEREAS, Lennar Homes of California, LLC, is the deve loper of Tract 4138, Tracy Hills Village 10, being situated within the boundaries of that certain Vesting Tentative Map, Tract 4057, Tracy Hills Phase 2, approved by the City Council on October 19, 2021, by Resolution No. 2021-154; and
WHEREAS, Lennar Homes of California, LLC, (Developer) is required to complete construction of public streets and utility improvements within Tract 4138, Tracy Hills Village 10, and has submitted Improvement Plans for said improvements, filed under ENG22-0031, which are currently under review by the City Engineer but are not yet approved, and include the improvement plans entitled “Slateshire, Tract 4138, Village 10, Tracy Hills Phase 2A,” the joint trench plans entitled “Joint Trench Composite Plan, Tracy Hills Phase 2A, Village 10,” and the street light plans entitled “Street Lighting Plan Set, Tracy Hills, Village 10;” and WHEREAS, In order to meet its development schedule, developer intends to commence construction of the required public improvements based on the submitted plans before the City completes its review and approval of the plans, in accordance with the terms and conditions of the I
nspection Improvement Agreement; and
WHEREAS, 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, t o the Improvement 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 WHEREAS, The Improvement and Inspection Agreement will be superseded by a Subdi
vision Improvement Agreement to be executed by the developer at a later date and the City will continue with t he inspection and acceptance of the public improvements in accordance with normal City procedures under the Subdivision Improvement Agreement; and WHEREAS, 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
Resolution 2022-_____

RESOLVED: That the City Council of the City of Tracy hereby approves the Inspection Improvement Agreement for Tract 4138, Tracy Hills Village 10, in Tracy Hills Phase 2 between City and Lennar Homes of California, LLC to proceed with the construction of street and utility improvements.
* * * * *
* * * * * * * * *
The foregoing Resolution 2022-_____ was adopted by the Tracy City Council on the 6th day of December 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
December 6, 2022
Agenda Item 1.M

RECOMMENDATION
Staff recommends that (1) the City Council reject all bids for the El Pescadero Park Sound Wall Extension Project, CIP 71116, (2) that CIP 71116 be closed, and (3) that the remaining project funds be returned to the General Projects Fund (F301) fund balance.

EXECUTIVE SUMMARY
Staff recommends that the City Council reject all bids for the El Pescadero Park Sound Wall Extension Project, CIP 71116, that CIP 71116 be closed, and that the remaining project funds be returned to the General Projects Fund (F301) fund balance.

Bids came in significantly above the pro ject budget of $200,000, due to rising costs of construction and expected costs to secure the site during construction. Awarding this construction contract would require a budget augmentation in the amount of $372,000 to fully fund the project.

The extension of the existing concrete masonry unit (CMU) block wall in El Pescadero Park will now be included with the park improvements associated with the Multi-Generational Recreation Center Project, CIP 78178. Staff believes that including the CMU wall extension in the proposed improvements to El Pescadero Park associated with the Multi-Generational Recreation Center Project (CIP 78178) will reduce the cost of the wall improvements, due to the economy of scale that the larger renovation project will provide.

BACKGROUND AND LEGISLATIVE HISTORY
On December 21, 2021, Council requested a CIP for the extension of an existing CMU wall along the western property line of El Pescadero Park. Staff returned with a proposal for the Project that was approved by City Council on March 1, 2022, with an approved budget of $200,000.

On October 18, 2022, Council received an informational report regarding the concept, design, and cost options for the Multi-Generational Recreation Center (CIP 78178) including providing specific direction to incorporate all park improvements shown in the El Pes cadero Park Conceptual Plan which contemplated the extension of the CMU wall.

ANALYSIS
The wall improvement project (CIP 71116) was planned to extend an existing CMU wall along the western property line of El Pescadero Park up to Kavanagh Avenue, where there are wood fences on private residential properties, that have been subject to ongoing vandalism and arson.

The project plans and specifications were completed in house by Engineering staff and the project was advertised for competitive bids on July 8, 2022, and July 15, 2022. A total of two (2) bids were
received and publicly opened at 2:00 p.m. on August 1, 2022, with the following results:

Agenda Item 1.M
December 6, 2022

Contractor Total Base Bid
1 Tracy Grading and Paving, Inc. $448,400.00
2 Gowan Construction, Inc. $631,771.77
The total est
imated cost of this project, if awarded to the lowest bidder, would have been:

Construction Bid $448,400
Construction Management (10%) $44,840
Design Support During Construction $5,000
Contingency @ 10% $44,840
Total Project Cost $543,080
The overall project costs exceed t he ava ilable funding. Staff received some informal feedback that the project costs were also high due to concerns with securing the site during construction.

Staff believes that including the CMU wall extension in the proposed improvements to El Pescadero Park associated with the Multi-Generational Recreation Center Project (CIP 78178) will reduce the cost of the wall im provements, due to the economy of scale that the larger renovat
ion project will provide.

F

ISCAL IMPACT
The current avai lable funding in this project (CIP 71116) is $172,000. Staff recommends CIP 71116 be close
d and funds returned to the General Projects Fund (F301) fund balance.

COORDINATION
Coordination between Development Services, Public Works , and Parks & Recreation was needed to prepare the plans and specifications for this project.

CEQA DETERMINATION
CIP 71116 is categorically exempt from
CEQA under Section 15061(1)(h).

STRATEGIC PLAN
This agenda item supports the City of Tracy’s Pub lic Safety and Q uality of Life Strategic Priorities.

ACTION REQUESTED OF THE CITY COUNCIL
Staff recommends that (1) the City Council reject all bids for the El Pescadero Park Sound Wall E
xtension Project CIP 71116, (2) that CIP 71116 be closed, and (3) that the remaining project funds be returned to the General Projects Fund (F301) fund balance.

Agenda Item 1.M
December 6, 2022

Prepared
by: Ilene Macintire, Senior Civil Engineer
Richard Joaquin, Parks Planning & Development Manager
Reviewed by: Robert Armijo, City Engineer/Assistant Director of Development Services Kris Balaji, Director of Development Services
Brian MacDonald, Director of Parks & Recreation
Sara Cowell, Finance Director
Karin Schnaider, Assistant City Manager Midori
Lichtwardt,
Assistant City Manager
Approved by: Michael Rogers, City Manager

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

TRACY CI

TY COUNCIL
RESOL
UTION 2022-_____
1) REJECT

ING ALL BIDS FOR THE EL PESCADERO PARK SOUND WALL
EXTENSION PROJECT, CIP 71116, 2) AUTHORIZ ING STAFF TO CLOSE CIP 71116, AND 3) APPROVING THE REMAINING PROJECT FUNDS BE
RETURNED TO THE GENERAL PROJECTS FUND (F301) FUND BALANCE WHEREA
S, on December 21, 2021, Council requested the City Manager provide an opportunity to fund the extension of an existing CMU wall along the western property line of El Pescadero Park. The Project was approved by City Council on March 1, 2022, with an approved budget of $200,000; and
WHEREAS, the El Pescadero Park Sound Wall Extension Project (CIP 71116) was planned to extend an existing concrete masonry unit (CMU) wall along the western property line of El Pescadero Park up to Kavanagh Avenue, where there are wood fences on private residential properties, that have been subject to ongoing vandalism and arson; and WHEREAS, the project plans and specifications were completed in-house by Engineering staff, and the project was advertised for competitive bids on July 8, 2022, and July 15, 2022. A total of two (2) bids were received and publicly opened at 2:00 p.m. on August 1, 2022; and
WHEREAS, on October 18, 2022, Council received an informational report regarding the concept, design, and cost options for the Multi-Generational Recreation Center (CIP 78178) including providing specific direction to incorporate all park improvements shown in the El P
escadero Park Conceptual Plan which contemplated the extension of the CMU wall; and WHEREAS, staff believes that including the CMU wall extension in the proposed improvements to El Pescadero Park associated with the Multi-Generational Recreation Center Project (CIP 78178) will reduce the cost of the wall improvements, due to the economy of scale that
the larger renovation project will provide; and
WHEREAS, the current available funding in CIP 71116 is $172,000. By closing CIP 71116, the r
emaining balance will be transferred back to the General Project Fund (F301) fund balance; now, therefore, be it
RESOLVED: That the City Council of the City of Tracy hereby rejects all bids for the El Pescadero Park Sound Wall Extension Project, CIP 71116; and be it

FURTHER RE
SOLVED: That the City Council authorizes staff to close CIP 71116; and be it
Resolution 2022-_____

FURTHER RESOLVED: That the City Council authorizes the remaining project funds to be returned to the general projects (F301) fund balance. * * * * *
* * * * * * * * *
The foregoing Resolution 2022-_____ was adopted by the Tracy City Council on the 6th day of December 2022, by the following vote:

AYES: COUNCI
L MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTENTION: COUNCIL MEMBERS:
___________________________________________
NANCY D.

YOUNG
Mayor of the City of Tracy, California
ATTEST:

ADRIANNE RICHARDSON
City Clerk and Clerk of the Council of the
City of Tracy, California
December 6, 2022
Agenda Item 1.N

RECOMME

NDATION
Staff
recommends City Council approve the Offsite Improvement Agreement for the MacArthur Retail Center between City and Winters Gateway, Inc., for the roadway improvements, utility connections, and overhead utility undergrounding improvements in connection with applications D19-0012, and G21-0008.

EXECUTI

VE SUMMARY
Approval
of the Offsite Improvement Agreement (Agreement) will allow Winters Gateway, Inc. (Developer) to proceed with the construction of the roadway improvements, utility connections, and overhead utility undergrounding improvements on MacArthur Drive and Eleventh Street and all associated improvements related to the development of a gas station and two multi-tenant commercial buildings on the southeast corner of Eleventh Street and MacArthur Drive.

BACKG

ROUND AND LEGISLATIVE HISTORY
Developer i
s responsible for the construction of roadway improvements, utility connections, and overhead utility undergrounding improvements on the frontages of the Project along Eleventh Street and MacArthur Drive. The Development Review Application (D19-0012) (“Application”) which authorized the Developer to proceed with the construction of said improvements was approved by the Development Services Director on January 13, 2020.

ANALYSIS

The Conditi
ons of Approval for Development Application D19-0012 requires construction of certain roadway, utility connections, and overhead utility undergrounding improvements on Eleventh Street and MacArthur Drive. Pursuant to Government Code Section 66462, Developer has requested to execute the Agreement and to post the necessary securities to guarantee completion of the improvements.

FISCAL
IMPACT
There is
no fiscal impact associated with this action. Construction of the improvements will be funded and performed by Winters Gateway. The Developer has paid the applicable engineering review fees, which include the cost of the processing of the Offsite Improvement Agreement.

PUBLI

C OUTREACH/ INTEREST
No public
outreach is necessary.

COORDINA
TION
Not appli
cable.

Agenda Item 1.N
December 6, 2022

CEQA DETERMINATION
The Developm
ent Services Department has determined that the project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15332 because the project is characterized as in-fill development and (1) is consistent with the General Plan designation of Commercial and all applicable General Plan policies as well as with the General Highway Commercial (GHC) Zone and with all applicable zoning regulations, (2) occurs within City limits on a project site of no more than five acres substantially surrounded by urban uses, (3) has no value as habitat for endangered, rare or threatened species, (4) would not result in any significant effects relating to traffic, noise, air quality, or water quality, and (5) can be adequately served by all required utilities and public services. Therefore, no further environmental assessment is necessary.

STRATEG

IC PLAN
This agenda it
em is consistent with the Council approved Economic Development Strategy to ensure physical infrastructure necessary for development.

ACTIO

N REQUESTED OF THE CITY COUNCIL
That the
Tracy City Council, by resolution, approve the Offsite Improvement Agreement for the MacArthur Retail Center between City and Winters Gateway, Inc., for the roadway improvements, utility connections, and overhead utility undergrounding improvements in connection with applications D19-0012, and G21-0008.

Prepared
by: Al Gali, Associate Engineer
Review
ed by: Robert Armijo, PE, City Engineer / Assistant Director of Development Services Kris Balaji, PMP, PE, Development Services Director
Sara Cowell, Finance Director
Midori Lichtwardt, Assistant City Manager
Approved
by: Michael Rogers, City Manager
ATTA

CHMENTS
Attac
hment A – Offsite Improvement Agreement
1 Rev. Nov. 2021

CITY OF TRACY

OFF-SITE IMPROVEMENT AGREEMENT FOR
MACARTHUR RETAIL CENTER, D19-0012, G21-0008

PUBLIC IMPROVEMENTS
This OFF-SITE IMPROVEMENT AGREEMENT (“Agreement”) is made and entered into by and between the CITY OF TRACY a municipal corporation (“City”), and WINTERS GATEWAY, INC., a California Corporation (“Developer”).

Recitals
A. Developer is the legal owner of that certain real property located at 630 E.

Eleventh Street designated with Assessor’s Parcel Number(s) 250-025-014; and at 640 E. Eleventh Street designated with Assessor’s Parcel Number(s) 250-025- 015 and more particularly described in Exhibit “A” hereto (the “Property”).

B. The Development Review Application (D19-0012) for the McArthur Retail Center (“Project”) was approved on January 13, 2020 subject to the specified conditions of approval attached hereto as Exhibit “B” (“Conditions of Approval”), which are incorporated herein by reference.

C. Developer has submitted, and the City Engineer has approved, those certain improvement plans and specifications relating to the construction of portland concrete cement curb, gutter, sidewalk, driveways, and utility connections (collectively, the “Work”). The location and details of the Work are described more fully in the twelve (12) sheets of improvement plans entitled “McArthur Retail Center Grading Plan APN: 250-250-14&15”, prepared by Moua Enterprise of Fresno California (“Plans and Specifications”) [G21-0008]. The Plans and Specifications are on file with the City Engineer and are incorporated herein by reference.

D. 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.

NOW THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS:

1. Scope of Work; Location; Offer of Dedi cation. Developer shall perform, or cause to be performed, the Work in the manner and as described in the Plans and Specifications, to the satisfaction of the City Engineer pursuant to this Agreement. The Work shall be performed, and all materials and labor shall be provided, at Developer’s sole expense. No material change shall be made to the scope of Work unless authorized in writing by the City Engineer. Developer may submit a written request to the City Engineer for a change in the Work, as required by Tracy Municipal Code Section 12.36.060(f). To the extent applicable, Attachment A
CITY OF TRACY – OFFSITE IMPROVEMENT AGREEMENT
MCARTHUR COMMERCIAL CENTER, D19-0012, G21-0008

PUBLIC IMPROVEMENTS

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 has (a) acquired any necessary easement or right-of-way or (b) entered into a separate Agreement with the City to acquire the necessary easement or right-of-way at Developer’s expense.

2. Time Of Performance. Ti me is of the essence in the performance of the Work, and the timing requirements set forth herein 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 which purportedly caused the delay, and not later than the date on which performance is due.

2.1. Commencement of Work. No late r than fifteen (15) days prior to the commencement of Work, Developer shall provide written notice to the City Engineer of the date on which Developer intends to commence Work.

Developer shall not commence Work until after the notice required by this section is properly provided, and Developer shall not commence Work prior to the date specified in the written notice.

2.2. Schedule of Work. Concurrently with the written notice of commencement 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 no later than three hundred sixty-five (365) calendar days after Developer’s submittal of its notice of commencement of Work pursuant to Section 2.1 above.

3. Improvement Security. Concurrently with the execution of this Agreement, and prior to the commencement of 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 $110,159 to secure faithful performance of this Agreement.

3.2. Labor and Material security in the amount of $110,159 to secure payment by Developer to laborers and materialmen.

3.3. Warranty security in the amount of $11,015.90 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.

CITY OF TRACY – OFFSITE IMPROVEMENT AGREEMENT
MCARTHUR COMMERCIAL CENTER, D19-0012, G21-0008

PUBLIC IMPROVEMENTS

4. Indemnification. Subdivider 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 Subdivider or Subdivider’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, Subdivider’s obligations under this Section 4 are in addition to all other Subdivider’s obligations set forth in this Agreement and shall not affect Subdivider’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 6 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. Develope r 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 CITY OF TRACY – OFFSITE IMPROVEMENT AGREEMENT
MCARTHUR COMMERCIAL CENTER, D19-0012, G21-0008

PUBLIC IMPROVEMENTS

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 s hall 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 elect ed 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 r equire 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 insur ance 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. Develope r shall provide evidence of compliance with the commercial general liability insurance and automobile insurance requirements listed above by providing a certificate of insurance and CITY OF TRACY – OFFSITE IMPROVEMENT AGREEMENT
MCARTHUR COMMERCIAL CENTER, D19-0012, G21-0008

PUBLIC IMPROVEMENTS

endorsements, in a form satisfactory to the City Attorney before the City executes this Agreement.

5.10. Substitute Certificates. No late r 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. Mainte nance 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.

6. Independent Contractor Status. Developer is an independent contractor and is solely responsible for all acts of its employees, agents, or 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 whatsoever, unless the City provides prior written authorization to Developer.

7. Default

7.1. Notice of Default. In the event that Developer is in default of this Agreement, as defined in this section, the City Engineer shall provide written notice to Developer and Developer’s surety (if any) in which the default is described.

7.2. Developer shall be in default of this Agreement if the City Engineer determines that any one of the following conditions exist (which conditions are not intended to constitute the exclusive bases for default):

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

7.2.2. Developer abandons the Work site.

7.2.3. Developer fails to perform one or more requirements of this Agreement and fails to cure any such non-performance pursuant to Section 7.3 below.

7.2.4. Developer fails to repl ace 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 and fails to cure such violation pursuant to Section 7.3 below.

CITY OF TRACY – OFFSITE IMPROVEMENT AGREEMENT
MCARTHUR COMMERCIAL CENTER, D19-0012, G21-0008

PUBLIC IMPROVEMENTS

7.3. Cure of Default. In the event t hat Developer fails, within thirty (30) calendar days after receipt of written notice from the City, to either cure the default or provide adequate written assurance to the reasonable satisfaction of the City Engineer that the cure will be promptly commenced and diligently prosecuted to its completion, the City may, in its discretion, take any or all of the following actions:

7.3.1. Demand that Developer co mplete performance of the Work.

7.3.2. Demand that Developer’s sure ty (if any) complete performance of the Work.

7.3.3. Resort to any judicial remedies available to the City.

8. Ownership of Work. All original documents prepared by Developer for this Agreement are the property of the City and shall be given to the City at the completion of Developer’s Work, or upon demand from the City. Prior to acceptance of the Work, Developer shall submit the as-built drawings in AutoCAD format Release-14 or higher.

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 City; Inspection Fees. To permit City to inspect the Work, Developer shall, at all times, provide to City reasonable and safe access to the Work site, and all portions of the Work, and to all shops wherein portions of the Work are in preparation.

10.1. Inspection Fees. Concurrently with the execution of this Agreement by Developer, and prior to the commencement of any Work, Developer shall pay the City Inspection Fees in the amount of three and one-half percent (3.5%) of the estimated Project costs (as approved by the City Engineer).

In the event that the City requires an independent inspection, the City may retain an independent inspector to inspect the Work and prepare an inspection report for the City, and all costs associated therewith shall be borne by Developer.

11. Developer’s Authorized Representati ve. At all times during the progress of the Work, Developer shall have a competent foreman or superintendent CITY OF TRACY – OFFSITE IMPROVEMENT AGREEMENT
MCARTHUR COMMERCIAL CENTER, D19-0012, G21-0008

PUBLIC IMPROVEMENTS

(“Authorized Representative”) on site with authority to act on Developer’s behalf. Developer shall, at all times, keep the City Engineer informed in writing of the name and telephone number of the Authorized Representative. Developer shall, at all times, keep the City Engineer reasonably informed in writing of the names and telephone numbers of all contractors and subcontractors performing the Work. Exhibit “C” attached hereto includes the initial contact information referenced in this Section 11.

12. Acceptance of Work. Pr ior to acceptance of the Work by the City Council, Developer shall be solely responsible for maintaining the quality of the Work and maintaining safety at the Work site. Developer’s obligations to perform the Work shall not be satisfied until after the City Engineer has made a written determination that all obligations of the Agreement have been satisfied and all outstanding fees and charges have been paid, and the City Council has accepted the Work as complete.

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. In the event that (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 co mmunications 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:

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

City Attorney
333 Civic Center Plaza
Tracy, CA 95376
attorne
[email protected]
To Developer:

Ghai Management Services, Inc.

Attn: Sunny Ghai
25 E. Airway Blvd.

Livermore, CA 94551
CITY OF TRACY – OFFSITE IMPROVEMENT AGREEMENT
MCARTHUR COMMERCIAL CENTER, D19-0012, G21-0008

PUBLIC IMPROVEMENTS

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 cons ent 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 Ag reement and any portion thereof shall not be assigned or transferred, nor shall any of Developer’s duties be delegated, without the written consent of the City. Any attempt to assign or delegate this Agreement without the written consent of the City shall be void and of no force and effect. Consent by the City to one assignment shall not be deemed to be consent to any subsequent assignment.

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

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

21. Entire Agreement; Exhibits; Severabili ty. 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 CITY OF TRACY – OFFSITE IMPROVEMENT AGREEMENT
MCARTHUR COMMERCIAL CENTER, D19-0012, G21-0008

PUBLIC IMPROVEMENTS

hereto are incorporated into this Agreement and made a part hereof by this reference:

A. Description of Pr operty (Recital A.)
B. Conditions of A pproval (Recital B.)
C. Subdivider’s Authorized Repres entative 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 executi ng this Agreement on behalf of Developer represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of Developer.

This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.

CITY OF TRACY – OFFSITE IMPROVEMENT AGREEMENT
MCARTHUR COMMERCIAL CENTER, D19-0012, G21-0008

PUBLIC IMPROVEMENTS

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

CITY OF TRACY, DEVELOPER:

Winters Gateway, Inc. a California
a municipal corporation corporation
_________________________ __________________________
By: Nancy D. Young By: Sunny Ghai
Title: MAYOR Title: President
Date: ____________________ Date: ____________________
Attest:
_________________________ __________________________
By: Adrianne Richardson By: Bhupinder Uppal
Title: CITY CLERK Title: Secretary
Date: ____________________ Date: ____________________
Approved As To Form:
__________________________
By: Bijal M. Patel
Title: CITY ATTORNEY
Date: ____________________
1014/22
10/14/22
CITY OF TRACY – OFFSITE IMPROVEMENT AGREEMENT
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EXHIBIT A – Property
(Page 1 of 2)

CITY OF TRACY – OFFSITE IMPROVEMENT AGREEMENT
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EXHIBIT A – Property
(Page 2 of 2)

City of Tracy
Conditions of Approval
11th Street Commercial Center
630 & 640 E 11th St.

Development Review Permit
Conditions of Approval
Application Number D19-0012
January 13, 2020
These
Conditions of Approval shall apply to the Development Review Permit to construct a retail shopping center, known as 11th Street Commercial Center, consisting of a 5,584 square foot multi-tenant restaurant/retail building, 2,200 square foot restaurant, gas station, car wash, landscaping, and parking area, located at 630 and 640 E 11th Street, Assessor Parcel Numbers 250-250-14 and 250-250-15, Application Number D19-0012 (hereinafter “Project”), proposed by Sunny Ghai (hereinafter “Applicant”).

A. Defi
nitions.

The
following definitions shall apply to these Conditions of Approval:

1. “Appl
icant” means any person, or other legal entity, defined as a “Developer”.

2. “Dev
eloper” means any person, or other legal entity, who applies to the City to divide or cause to be divided real property within the Project boundaries, or who applies to the City to develop or improve any portion of the real property within the Project boundaries.

The term “Developer” shall include all successors in interest.

3. “Ci
ty Engineer” means the City Engineer of the City of Tracy, or any other duly licensed engineer designated by the City Manager, the Development Services Director, or the City Engineer to perform the duties set forth herein.

4. “Ci
ty Regulations” means all written laws, rules, and policies established by the City, including those set forth in the City of Tracy General Plan, the Tracy Municipal Code, ordinances, resolutions, policies, procedures, City’s Design Goals and Standards, and the City’s Design Documents (including the Standard Plans, Standard Specifications, Design Standards, and relevant Public Facility Master Plans).

5. “Di
rector” means the Development Services Director of the City of Tracy, or any other person designated by the City Manager or the Development Services Director to perform the duties set forth herein.

6. “Condi
tions of Approval” shall mean the conditions of approval applicable to the 11th Str
eet Commercial Center, Application Number D19-0012.

7. “Pr
operty” means the subject property of the Development Review Permit to construct a 5,584 square foot multi-tenant restaurant/retail building, 2,200 square foot restaurant, gas station, car wash, landscaping, and parking area known as 11th Street Commercial Center, located at 630 and 640 E 11th Street, Assessor Parcel Numbers 250-250-14 and 250-250-15, Application Number D19-0012.
11th Street Commercial Center
Application Number D19-0012
January 13, 2020

B. Planning Division Conditions of Approval

1. The Developer shall comply with all laws (federal, state, and local) related to the development of real property within the Project, including, but not limited to: the Planning and 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 California Environmental Quality Act (California Administrative Code, title 14, sections 15000, et seq., “CEQA Guidelines”).

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

3. Pursuant to Government Code Section 66020, including Section 66020(d)(1), the City HEREBY NOTIFIES the Developer that the 90-day approval period (in which the Developer may protest the imposition of any fees, dedications, reservations, or other exactions imposed on this Project by these Conditions of Approval) has begun on the date of the conditional approval of this Project. If the Developer fails to file a protest within this 90-day period, complying with all of the requirements of Government Code Section 66020, the Developer will be legally barred from later challenging any such fees, dedications, reservations or other exactions.

4. The project shall be developed in substantial compliance with the plans received by the Development Services Department on December 10, 2019, to the satisfaction of the Development Services Director.

5. Prior to final inspection or certificate of occupancy, the back side of any visible roof parapets shall consist of the same material and be painted the same color as the front side of the roof parapets, to the satisfaction of the Development Services Director.

6. Prior to issuance of a building permit, the applicant shall submit site plans and construction details that demonstrate 12-inch wide concrete curbs along the perimeter of landscape planters where such planters are parallel and adjacent to vehicular parking spaces to provide access to vehicles without stepping into the landscape planters, to the satisfaction of the Development Services Director.

7. Prior to the issuance of a building permit, a lot line adjustment shall be recorded at the San Joaquin County Recorder’s Office to merge the two lots of the subject property into one lot, to the satisfaction of the Development Services Director.

8. Prior to the approval of a building permit, the applicant shall submit detailed landscape and irrigation plans consistent with the Department of Water Resources’ Water Efficient Landscape Ordinance to the satisfaction of the Development Services Director. Said plans shall demonstrate no less than 40% of the total parking area be shaded by canopy 11th Street Commercial Center
Application Number D19-0012
January 13, 2020

trees at tree maturity. Trees shall be a minimum of 24” box size, shrubs shall be a minimum size of 5 gallon, and groundcover shall be a minimum size of 1 gallon.

9. Prior to the issuance of a building permit, the Developer shall execute a two-year landscape and irrigation maintenance agreement and submit financial security, such as a performance bond, to ensure the success of all on-site landscaping for the term of the agreement. The security amount shall be equal to $2.50 per square foot of the landscaped area or equal to the actual labor and material installation cost of all on-site landscaping and irrigation.

10. Prior to issuance of a building permit, the construction documents shall comply with California Building Standards Commission (Cal Green Code Emergency Standards; Title 24, Part 11) regarding landscaping and irrigation water efficiency, to the satisfaction of the Utilities Director.

11. Prior to the issuance of a building permit, the developer shall comply with all applicable Stormwater Quality Regulations, to the satisfaction of the Water Resources Division in the Utilities Department.

12. Prior to the issuance of a building permit, the Developer shall submit plans showing a 20’ wide emergency access from MacArthur Drive designed with grasscrete or equivalent drivable landscape service, to the satisfaction of the Development Services Director and the South County Fire Authority.

13. Prior to the issuance of a building permit, the applicant shall submit detailed plans that demonstrate a minimum of one foot candle throughout the parking area as defined in TMC Section 10.08.3450.

14. Prior to final inspection or certificate of occupancy, all exterior and parking area lighting shall be directed downward or shielded, to prevent glare or spray of light into the public rights-of-way and onto any adjacent private property, to the satisfaction of the Development Services Director.

15. Prior to issuance of a building permit, the Developer shall submit construction documents, plans, specifications, and/or calculations to the Building Safety Division, which meet all applicable requirements of Title 24 California Code of Regulations, to the satisfaction of the Chief Building Official.

16. Prior to issuance of a building permit, the Developer shall submit plans that clearly depict an accessible route per California Building Code (CBC) 11B-206.2.2 from each building to the trash enclosure and all facilities on-site, to the satisfaction of the Chief Building Official.

17. Prior to issuance of a building permit, the Developer shall conform with all requirements of the California Fire Code as amended by the Tracy Municipal Code, to the satisfaction of the South County Fire Authority.
11th Street Commercial Center
Application Number D19-0012
January 13, 2020

18. Prior to issuance of a building permit, the Developer shall submit detailed plans that demonstrate a 7 foot tall masonry wall to be installed along southern and eastern property boundaries, to the satisfaction of the Development Services Director.

19. Prior to final inspection or certificate of occupancy, the applicant shall remove the existing chain-link fence, to the satisfaction of the Development Services Director.

20. Prior to final inspection or certificate of occupancy, no roof mounted equipment, including, but not limited to, HVAC units, vents, fans, antennas, sky lights and dishes, whether proposed as part of this application, potential future equipment, or any portion thereof, shall be visible from any public right-of-way to the satisfaction of the Development Services Director. Plans to demonstrate such compliance shall be submitted to the City prior to the issuance of a building permit.

21. Prior to the issuance of a building permit, the developer shall submit plans demonstrating that the trash enclosure shall be a masonry enclosure at a minimum height of seven feet, exterior materials and colors to match the proposed building, solid metal doors painted to match the proposed building colors, a roof designed with complementary materials and design, and a concrete apron in front of the enclosure where the dumpsters, loading/transport equipment, or vehicles will maneuver, to the satisfaction of the Development Services Director.

22. Prior to final inspection or certificate of occupancy, all PG&E transformers, phone company boxes, Fire Department connections, backflow preventers, irrigation controllers, and other on-site utilities, shall be vaulted or screened from view from any public right-of-way, behind structures or landscaping, to the satisfaction of the Development Services Director.

23. Prior to final inspection or certificate of occupancy, all vents, gutters, downspouts, flashing, electrical conduits, etc. shall be painted to match the adjacent building surface or otherwise designed in harmony with the building exterior, to the satisfaction of the Development Services Director.

24. Prior to final inspection or certificate of occupancy, the enhanced vapor recovery tank shall be demonstrated to be underground and any visible components painted to match adjacent building surfaces, to the satisfaction of the Development Services Director.

25. No signs are approved as a part of this development application. Approval of a separate sign permit application by the Development Services Department is necessary prior to the installation of any signs.

26. Outdoor vending machines such as newspaper racks or beverage dispensing machines are not permitted.

27. Prior to issuance of a building or grading permit, the developer shall demonstrate compliance with the San Joaquin County Multi-Species Habitat Conservation and Open Space Plan (SJMSCP) and the Incidental Take Minimization Measures prepared by San 11th Street Commercial Center
Application Number D19-0012
January 13, 2020

Joaquin Council of Government (SJCOG), to the satisfaction of the Development Services Director.

28. Prior to issuance of a building permit, the Developer shall comply with all applicable requirements of the San Joaquin Valley Air Pollution Control District (APCD), including District Rule 9510, Regulation VIII, and payment of all applicable fees, to the satisfaction of the APCD.

C. Engineering Division Conditions of Approval
C.1. General Conditions
Devel
oper shall comply with the applicable sections of approved documents and/or recommendations of the technical analyses/reports prepared for the Project listed as follows:
1) NONE
C.2. R

ESERVED
C.3. RESERVED
C.4. Grading Permit
All
grading work (on-site and off-site) shall require a Grading Plan. All grading work shall be performed and completed in accordance with the recommendation(s) of the Project’s Registered Geotechnical Engineer. The City will not accept a Grading Permit application for the Project until Developer provides all documents related to said Grading Permit required by the applicable City Regulations and these Conditions of Approval, to the satisfaction of the City Engineer, including, but not limited to, the following:

C.4.1 Devel
oper has completed all requirements set forth in this section.

C.4.2 Devel
oper has obtained the approval (i.e. recorded easements for slopes, drainage, utilities, access, parking, etc.) of all other public agencies and/or private entities with jurisdiction over the required public and/or private facilities and/or property. Written permission from affected owner(s) will be required to be submitted to the City prior to the issuance of the Grading Permit.

C.4.3 D
eveloper has obtained a demolition permit to remove any existing structure located within the project’s limits.

C.4.4 A
ll existing on-site water well(s), septic system(s), and leech field(s), if any, shall be abandoned or removed in accordance with the City and San Joaquin County requirements. Developer shall be responsible for all costs associated with the abandonment or removal of the existing well(s), septic system(s), and leech field(s) including the cost of permit(s) and inspection. Developer shall submit a copy of written approval(s) or permit(s) obtained from San Joaquin County regarding the removal and abandonment of any existing well(s), prior to the issuance of the Grading Permit.
11th Street Commercial Center
Application Number D19-0012
January 13, 2020

C.4.5 The I
mprovement Plans for all improvements to serve the Project (on-site and off-site) including the Grading and Drainage Plans shall be prepared in accordance with the City’s Subdivision Ordinance (TMC Chapter 12.36), City Design Documents as defined in Title 12 of the TMC, and these Conditions of Approval.

C.4.6 On-sit
e Grading/Drainage Plans and Improvement Plans shall be prepared on a twenty-four (24) inch x thirty-six (36) inch size four (4) millimeter thick polyester film (mylar). These plans shall use the City’s Title Block. Improvement Plans shall be prepared under the supervision of, stamped and signed by a Registered Civil Engineer and Registered Geotechnical Engineer. Developer shall obtain all applicable signatures by City departments and outside agencies (where applicable) on the mylars including signatures by the Fire Marshal prior to submitting the mylars to Engineering Division for City Engineer’s signature.

Erosion control measures shall be implemented in accordance with the Improvement Plans approved by the City Engineer for all grading work. All grading work not completed before October 15 may be subject to additional requirements as applicable. Improvement Plans shall specify all proposed erosion control methods and construction details to be employed and specify materials to be used during and after the construction.

C.4.7
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.4.8
For Projects on property larger than one (1) acre: Prior to the issuance of the Grading Permit, Developer shall submit to the Utilities Department ([email protected]) one (1) electronic copy and one (1) hard copy of the Storm Water Pollution Prevention Plan (SWPPP) as submitted in Stormwater Multiple Applications and Reporting Tracker System (SMARTS) along with either a copy of the Notice of Intent (NOI) with the state-issued Wastewater Discharge Identification number (WDID) or a copy of the receipt for the NOI. After the completion of the Project, the Developer 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. 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 Developer. Developer shall comply with all the requirements of the SWPPP, applicable Best Management Practices (BMPs) and the Stormwater Post-Construction Standards adopted by the City in 2015 and any subsequent amendment(s).

For Pr
ojects on property smaller than one (1) acre: Prior to the issuance of the Grading Permit, the Developer shall submit to the Utilities Department ([email protected]
) one (1) electronic copy and 1 hard copy of
the City of Tracy Erosion and Sediment Control Plan (ESCP) for approval. Cost of preparing the ESCP including any annual storm drainage fees shall be paid by the Developer. Developer shall comply with all the requirements of the 11th Street Commercial Center
Application Number D19-0012
January 13, 2020

ESCP, applicable BMPs and the Post-Construction Stormwater Standards adopted by the City in 2015 and any subsequent amendment(s).

C.4.9 D
eveloper shall provide a PDF copy of the Project’s Geotechnical Report signed and stamped by a Registered Geotechnical Engineer. The technical report must include relevant information related to soil types and characteristics, soil bearing capacity, compaction recommendations, retaining wall recommendations, if necessary, paving recommendations, paving calculations such as gravel factors, gravel equivalence, etc., slope recommendations, and elevation of the highest observed groundwater level.

C.4.10 Minor Retaining – Developer shall use reinforced or engineered masonry blocks for retaining soil at property lines when the grade differential among the in-tract lots exceeds twelve (12) inches. Developer will include construction details of these minor retaining walls with the on-site Grading and Drainage Plan.

Developer may use slopes among the lots to address the grade differential but said slope shall not exceed a slope gradient of 3 (horizontal) to 1 (vertical) unless a California licensed geotechnical engineer signs and stamps a geotechnical report letter that supports a steeper slope gradient. Slope easements may be required and will be subject to approval by the City Engineer.

Minor Retaining along Project Perimeter – Developer shall use reinforced or engineered masonry blocks for retaining soil along the Project boundary and adjacent property(s) when the grade differential exceeds 12-inches. Developer will include construction details for these minor retaining walls with the on-site Grading and Drainage Plan. Developer may use slopes to address the grade differential but said slope shall not exceed a slope gradient of 3 (horizontal) to 1 (vertical). Slope easements may be subject to approval by the City Engineer and if adjacent and affected property(s) owner(s) grants said easements.

Slope
s are an acceptable option as a substitute to engineered retaining walls, where cuts or fills do not match existing ground or final grade with the adjacent property or public right of way, up to a maximum grade differential of two (2) feet, subject to approval by the City Engineer.

Slope
easements will be recorded, prior to the issuance of the Grading Permit.

The Developer shall be responsible to obtain and record slope easement(s) on private properties, where it is needed to protect private improvements constructed within and outside the Project, and a copy of the recorded easement document must be provided to the City, prior to the issuance of the Grading Permit.

Walls - Developer shall show proposed retaining walls and masonry walls on the on-site Grading and Drainage Plan. The Developer is required to submit improvement plans, construction details, and structural calculations for retaining walls and masonry walls to Building and Safety. Retaining wall and masonry wall design parameters will be included in the geotechnical report. 11th Street Commercial Center
Application Number D19-0012
January 13, 2020

C.4.11 Developer shall provide a copy of the approved Incidental Take Minimization Measures (ITMM) habitat survey [San Joaquin County Multi-Species Habitat Conservation & Open Space Plan (SJMSCP)] from San Joaquin Council of Governments (SJCOG).

C.4.
12 Developer shall provide a copy of the approved Air Impact Assessment (AIA) with an Indirect Source Review (ISR) from San Joaquin Valley Air Pollution Control District (SJVAPCD).

C.4.
13 Developer shall abandon or remove all existing irrigation structures, channels and pipes, if any, as directed by the City after coordination with the irrigation district, if the facilities are no longer required for irrigation purposes. If irrigation facilities including tile drains, if any, are required to remain to serve existing adjacent agricultural uses, the Developer will design, coordinate and construct required modifications to the facilities to the satisfaction of the affected agency and the City. Written permission from irrigation district or affected owner(s) will be required to be submitted to the City prior to the issuance of the Grading Permit. The cost of relocating and/or removing irrigation facilities and/or tile drains is the sole responsibility of the Developer.

C.4.14 Dev
eloper shall underground existing overhead utilities such as electric, TV cable, telephone, and others. Each dry utility shall be installed at the location approved by the respective owner(s) of dry utility and the Developer shall coordinate such activities with each utility owner. All costs associated with the undergrounding shall be the sole responsibility of the Developer and no reimbursement will be due from the City. Developer shall submit undergrounding plans. Exempt from this condition are high voltage power lines, if any. Referenced and incorporated herein are Title 11 and Title 12 of the Tracy Municipal Code.

C.4.
15 If at any point during grading that the Developer, its contractor, its engineers, and their respective officials, employees, subcontractor, and/or subconsultant exposes/encounters/uncovers any potential archeological, historical, or other paleontological findings, the Developer shall address the findings as required per the General Plan Cultural Resource Policy and General Plan Environmental Impact Report; and subsequent Cultural Resource Policy or mitigation in any applicable environmental document.

C.5. Improvement Agreement(s)
All
construction activity involving public improvements will require a fully executed improvement agreement (Off-site, Subdivision, and/or Inspection). Any construction activity involving public improvements without a fully executed improvement agreement is prohibited. All public improvements shall be performed and completed in accordance with the recommendation(s) of the Project’s Registered Civil Engineer.

The City will not start writing any improvement agreement or schedule any improvement agreement to be approved by City Council for the Project until the Developer provides all documents related to said improvements required by the 11th Street Commercial Center
Application Number D19-0012
January 13, 2020

applicable City Regulations and these Conditions of Approval, to the satisfaction of the City Engineer, including, but not limited to, the following:

C.5.1. Off-site and/or Public Infrastructure Improvement Plans prepared on a 24- inch x 36-inch size 4-millimeter thick mylar that incorporate all requirements described in the documents described in these Conditions of Approval, the City’s Design Documents as defined in Title 12 of the Tracy Municipal Code.

Developer shall use the latest title block and, if necessary, contain a signature block for the Fire Marshal. 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. Developer shall obtain all applicable signatures by City departments and outside agencies (where applicable) on the mylars including signatures by Fire Marshal to submitting the mylars to Engineering Division for City Engineer’s signature.

The improvement plans shall be
prepared to specifically include, but not be limited to, the following items:

C.5.1.a. All existing and proposed utilities such as domestic water line, irrigation service, fire service line, storm drain, and sanitary sewer, including the size and location of the pipes.

C.5.1.b. All supporting engineering calculations, materials information or technical specifications, cost estimate, and technical reports. 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 such as benchmarks.

C.5.1.c. A PDF copy of the Project’s Geotechnical/Soils Report, prepared or signed and stamped by a Registered Geotechnical Engineer. The technical report must include relevant information related to street pavement thickness, materials, compaction and other pertinent information.

C.5.1.d. Storm Water - The Project’s on-site storm water drainage connection to the City’s storm water system shall be approved by the City Engineer. Drainage calculations for the sizing of the on- site storm drainage system. Improvement Plans to be submitted with the hydrology and storm water.

Storm drainage release point is a location at the boundary of the Project adjacent public right-of-way where storm water leaves the Property, in a storm event and that the Property’s on-site storm drainage system fails to function or it is clogged. Site grading shall be designed such that the Project’s storm drainage overland release point will be directly to an adjacent public right-of-way with a functional storm drainage system and the existing storm drainage line has adequate capacity to drain storm water from the Property.

The storm drainage release point is recommended to be at least 11th Street Commercial Center
Application Number D19-0012
January 13, 2020

0.70-feet lower than the building finish floor elevation and shall be designed and improved to the satisfaction of the City Engineer.

The
Project’s permanent storm drainage connection(s) shall be designed and constructed in accordance with City Regulations. The design of the permanent storm drainage connection shall be shown on the Grading and Drainage Plans with calculations for the sizing of the storm drain pipe(s), and shall comply with the applicable requirements of the City’s storm water regulations adopted by the City Council in 2012 and any subsequent amendments.

Devel
oper shall construct a storm water quality treatment basin.

Devel
oper and its heirs (i.e. apartment complex owner) shall be responsible for repairing and maintaining the on-site storm water system and treatment basin at the Developer’s (and heirs’) sole cost and expense.

C.5.1
.e. Sanitary Sewer - It is the Developer’s responsibility to design and construct the Project’s permanent on-site sanitary sewer (sewer) improvements including the Project’s sewer connection in accordance with the City’s Design Standards, City Regulations and Standard Specifications. Sewer improvements shall include but not limited to, replacing asphalt concrete pavement, reconstructing curb, gutter and sidewalk, restoring pavement marking and striping, and other improvements that are disturbed as a result of installing the Project’s permanent sewer connection. Developer shall submit improvement plans that include the design of the sewer line from the Property to the point of connection. Developer shall also construct the recommended mitigations from the sanitary sewer technical memorandum.

C.5.1.g. Water Distribution - Developer shall design and construct domestic and irrigation water service that comply with the City Regulations.

Water line sizing, layout and looping requirements for this Project shall comply with City Regulations. During the construction of the Project, the Developer is 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.

Inte
rruption to the water supply to the existing businesses and other users will not be allowed to facilitate construction of improvements related to the Project. Developer shall be responsible for notifying business owner(s) and users, regarding construction work. The written notice, as approved by the City Engineer, shall be delivered to the affected residents or business owner(s) at least seventy-two (72) hours before start of work. Prior to starting the work described in this section, the Developer shall 11th Street Commercial Center
Application Number D19-0012
January 13, 2020

submit a Work Plan acceptable to the City that demonstrates no interruptions to the water supply, and Traffic Control Plan to be used during the installation of the off-site water mains and connections.

The
Project’s water service connections shall use a remote -read (radio-read) master water meter (the water meter to be located within City's right- of-way) and a Reduced Pressure Type back - flow protection device in accordance with City Regulations. The domestic and irrigation water service connection(s) must be completed before the inspection of the building. The location of the meters shall be approved by the City Engineer.

Aft
er improvement acceptance, repair and maintenance of the water service from the water meter to the point of connection with the water distribution main in the street shall be the responsibility of the City. Water service repairs after the water meter is the responsibility of the Developer or individual lot owner(s).

Pri
or to improvement acceptance, repair and maintenance of all on-site water lines, laterals, sub -water meters, valves, fittings, fire hydrant and appurtenances shall be the responsibility of the Developer or the individual lot owner(s).

All
costs associated with the installation of the Project’s water connection(s) including the cost of removing and replacing asphalt concrete pavement, pavement marking and striping such as crosswalk lines and lane line markings on existing street or parking area(s) that may be disturbed with the installation of the permanent water connection(s), or domestic water service, and other improvements shall be paid by the Developer.

Fire Service Line – Location and construction details of fire service line including fire hydrant(s) that are to serve the Project shall be approved by the Fire Marshal. Prior to the approval of the Improvement Plans by the City Engineer, the Developer shall obtain written approval from the Fire Marshal, for the design, location and construction details of the fire service connection to the Project, and for the location and spacing of fire hydrants that are to be installed or planned to serve the Project.

C.5.1.h. Streets – Developer shall construct their frontage improvements.

Frontage improvements include but are not limited to the following:
curb, gutter, sidewalk, street widening, landscaping, street lighting, undergrounding of overhead utilities and other improvements. All streets and utilities improvements within City right-of-way shall be designed and constructed in accordance with City
Regulations, and City’s Design Standards including the City’s Facilities Master Plan for storm drainage, roadways, wastewater, 11th Street Commercial Center
Application Number D19-0012
January 13, 2020