NOTICE OF SPECIAL MEETING
Pursuant to Section 54956 of the Government Code of the State of California, a Special Meeting of the Tracy City Council is hereby called for:
Date/Time: T uesday, December 13, 2022, 6:00 p.m.
(or as soon thereafter as possible)
Location: Tracy City Hall
333 Civic Center Plaza, Tracy, CA.
Government Code Section 54954.3 states that every public meeting shall provide an opportunity for the public to address the Tracy City Council on any item, before or during consideration of the item, however no action shall be taken on any item not on the agenda.
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.
For Remote Public Comment:
During the Items from the Audience, 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: 2559 878 6237 and Event Password: TracyCC o If you would like to participate in the public comment anonymously, you may submit your comment via phone or in WebEx by typing “Anonymous” when prompted to provide a First and Last Name and inserting [email protected] when prompted to provide an email address. o Join by phone by dialing +1-408-418-9388, enter 25598786237#8722922# Press *3 to raise the hand icon to speak on an item
• Protocols for commenting via WebEx:
o If you wish to comment under “Items from the Audience/Public Comment” portion of the agenda:
Listen for the Mayor to open “Items from the Audience/Public Comment”, 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.
o Comments for the “Items from the Audience/Public Comment” will be accepted until the public comment period is closed.
December 13, 2022 Special Meeting
CALL TO ORDER
PLEDGE OF ALLEGIANCE
INVOCATION
ROLL CALL
1. Items from the audience - In accordance with Council Meeting Protocols and Rules of Procedure, adopted by Resolution 2019-240, 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.
2. CONSENT ITEMS
2.A ADOPT THE DECEMBER 6, 2022, REGULAR MEETING MINUTES.
2.B 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 14, 2022, THROUGH JANUARY 12, 2023, PURSUANT TO THE BROWN ACT.
3. DISCUSSION ITEMS
3.A ADOPT A RESOLUTION RECITING THE FACTS OF THE GENERAL MUNICIPAL ELECTION HELD IN THE CITY OF TRACY ON NOVEMBER 8, 2022, AND DECLARING THE RESULTS OF THE ELECTION AND SUCH OTHER MATTERS AS PROVIDED BY LAW.
3.B PRESENTATION TO OUTGOING COUNCIL MEMBER
3.C ADMINISTER OATH OF OFFICE AND SEAT NEW COUNCIL MEMBER
3.D THE CITY COUNCIL, BY MOTION, APPOINT A COUNCIL MEMBER AS THE
MAYOR PRO TEMPORE OF THE TRACY CITY COUNCIL FOR A TWO-
YEAR TERM ENDING IN DECEMBER 2024.
4. COUNCIL ITEMS AND COMMENTS
5. ADJOURNMENT
Mayor
Posting Date: December 9, 2022
The City of Tracy is in compliance with the Americans with Disabilities Act and will make all reasonable accommodations for the disabled to participate in employment, programs and facilities. Persons requiring assistance or auxiliary aids in order to participate, should contact the City Manager’s Office at (209) 831-6000 at least 24 hours prior to the meeting.
TRACY CITY COUNCIL REGULAR MEETING MINUTES
December 6, 2022, 7:00 p.m.
City Hall, 333 Civic Center Plaza, Tracy Web Site: www.cityoftracy.org
Mayor Young called the meeting to order at 7:12 p.m.
Mayor Young led the Pledge of Allegiance.
Priest Atul Batra, Sant Nirankari Mission
provided the invocation.
Roll call found Council Members Arriola, Bedolla, Davis, Mayor Pro Tem Vargas and Mayor Young present.
Michael Rogers, City Manager presented the December Employee of the Month Award to Corporal Erik Speaks, Police Department.
1. CONSENT CALENDAR – Following the removal of Consent Item 1.O by Karen Moore motion was made by Mayor Pro Tem Vargas and seconded by Council Member Bedolla to adopt the Consent Calendar. Roll call found all in favor; passed and so ordered.
1.A Adopt the November 15, 2022, 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 December 7, 2022 through January 5, 2023 pursuant to the Brown Act. – Resolution 2022-181 adopted the findings and re-authorized remote teleconference meetings.
1.C A dopt a resolution authorizing the appointment of five youth Commissioners to the Youth Advisory Commission based upon the interview and selection panel recommendations – Resolution 2022-182 authorized the appointment of five youth commissioners to the Youth Advisory Commission.
1.D A
dopt 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. - Resolution 2022-183 approved the amendment to the Professional Services Agreement with Harris & Associates, Inc.
1.E A
dopt a Resolution Adopting the Regular Meeting Calendar of the Tracy City Council for Calendar Year 2023.– Resolution 2022-184 adopted the Regular Meeting Calendar of the City Council for Calendar Year 2023.
Regular Meeting Minutes 2 December 6, 2022
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 – Resolution 2022-185 adopted a Quitclaim Deed for the conveyance of three-foot temporary construction easement back to Tracy Alliance Group.
1.G A dopt a resolution declaring certain vehicles and equipment as surplus and approving their sale at public auction. – Resolution 2022-186 declared certain vehicles and equipment as surplus and approved their sale at public auction.
1.H A dopt 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. – Resolution 2022-187 amended the City’s Classification and Compensation Plans and Master Salary Schedule for various positions and classifications and adopted a Compensation Philosophy.
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. – Resolution 2022-188 approved the Inspection Improvement Agreement for Tract 4135, Tracy Hills Village 7 in Tracy Hills Phase 2.
1.J Appr ove 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. – Resolution 2022-189 approved the Inspection Improvement Agreement for Tracy 4136, Tracy Hills Village 8 in Tracy Hills Phase 2.
1.K Appr
ove 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. – Resolution 2022-190 approved the Inspection Improvement Agreement for Tract 4137, Tracy Hills Village 9 in Tracy Hills Phase 2.
1.L Appr ove 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. – Resolution 2022-191 approved the Improvement Agreement for Tracy 4138, Tracy Hills Village 10 in Tracy Hills Phase 2.
1.M Adopt a Resolutio n (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. – Resolution 2022-192 rejected all bids for the El Pescadero Park Sound Wall Project, CIP 7116, closed CIP 7116 and returned remaining project funds to the General Projects Fund (F301) fund balance.
Regular Meeting Minutes 3 December 6, 2022
1.N Appr ove 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. – Resolution 2022-193 approved the Offsite Improvement Agreement with Winters Gateway, Inc. for the MacArthur Retail Center.
1.P Approve t he Offsite Improvement Agreement between City, Woodside 05N, LP, and Surland Communities, LLC for the construction of Detention Basin 3A. – Resolution 2022-194 approved the Offsite Improvement Agreement with Woodside 05N, LP, and Surland Communities, LLC.
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.
Karen Moore pulled the item to request Council not waive the second reading of the ordinance text and review the presentation previously sent which explains the General Plan and how it came down through SB 375 and Environmental Action Plan and talks about not being gated because of connectivity and explain why the City is discouraging doing gated communities.
Bill Dean, Assistant Development Services Director provided the staff report and answered questions.
Council questions followed.
Dotty Nygard spoke about the General Plan stating the City is refraining from gated communities to have a flow within our community to try connecting neighborhoods and shared concerns regarding the case-by-case basis because it does not follow the General Plan guidelines. Ms. Nygard stated it is an issue we have had in the past through the General Plan, and she hoped we would be consistent and allow conversation to be more in depth.
Cyril Carag asked when the building on Valpico is slated to be completed.
Regular Meeting Minutes 4 December 6, 2022
A p roject representative responded the project will be finished in March.
ACTION: Motion was made by Mayor Pro Tem Vargas and seconded by Council Member Bedolla to adopt Consent Item 1.O adopting Ordinance 1334, and Resolution 2022-195 determining the addition of a perimeter fence/gate to the Valpico Glenbriar Apartments Project. Roll call found all in favor; passed and so ordered.
2. ITEMS FROM THE AUDIENCE – Dan Grant stated there is a problem on Windler Ave between 9th and 10th Streets. There is a loss of communication between the Fire Department and risk team for getting curbs painted red. A lot of no parking signs have been ripped down, have spent four months trying to get them replaced, had six accidents within four months. Mr. Grant asked the City to reach out to the Fire Department.
Mayor Young asked staff to follow up to understand the delineation of responsibility for what the issues are.
Robert Tanner shared his concerns regarding candidates receiving out of state and out of county campaign funds, and he hoped the next race will have local money.
Pete Moyer stated the Board of Supervisors has voted twice to close Hansen Road.
Prologis is designing gates for both ends to satisfy the Fire Marshall and the County and asked for Council support. Mr. Moyer added on Sunday night at 6:30 p.m. there were cars doing a sideshow and when Police showed up they came down his road two or three abreast with Police in pursuit but they cannot match the cars.
John Tocchini thanked the City for working with the County to close Hansen Road which can stop the dangerous driving and accidents, the item should be on the agenda soon.
Wendy Tocchini shared a proposed scenario of an accident on Hansen Road and stated San Joaquin County is ready to complete closure but is waiting for the City to do the south side and asked Council to approve the closure of Hansen at their earliest convenience.
A member of the public spoke about the overpass with cement barriers and shared an experience with a truck speeding over the overpass. Sunday night there was a sideshow of cars speeding down Hansen Road and going over the lanes with CHP in pursuit.
Pat and Dale Brandes stated due to the Prologis warehouse development on Hansen Road south of Highway I-205, the community of Lammersville has been experiencing dangerous illegal truck and car traffic on Hansen Road north of Highway I-205. San Joaquin County is addressing these issues by closing Hansen Road at the I-205 overpass with automated gates that allow for emergency vehicle access and requested that the City of Tracy support and approve this action in coordination with the County, Prologis and Emergency Responders.
3. REGULAR AGENDA
3.A C
ity Council receive the annual report by the Measure V Residents' Oversight Committee presenting their findings regarding the use of Measure V funds.
Regular Meeting Minutes 5 December 6, 2022
Jayden Sangha, Measure V Residents’ Oversight Committee Member provided the presentation and responded to questions.
Council comments and questions followed.
Sara Cowell, Finance Director responded to questions.
Karen Moore stated she was very involved with Measure V funding and voted in support of Measure V. Citizens input on the survey indicated the top amenity was a new full-fledged library that functions for a city. Ms. Moore shared concerns regarding interest going into the General Fund and not Measure V, should be going to amenities citizens voted for and supported the report.
Dan Evans stated he had the pleasure of serving on the Measure V Residents’ Oversight Committee, an important committee and will be stepping away from commission as will be on Council.
ACTION: Motion was made by Council Member Arriola and seconded by Council Member Davis to accept the annual report as presented by the Measure V Residents’ Oversight Committee. Roll call found all in favor; passed and so ordered.
Mary Mitracos asked if Council is accepting the recommendations or do they have to be voted on separately adding it would be more efficient to accept the recommendations.
Mayor Young responded the item is to receive the report and not take any action.
Bijal Patel, City Attorney confirmed this is not a public hearing, it is an informational item where Council is receiving the report. Any other actions Council needs to take is a separate item.
3.B A dopt
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.
Mayor Young opened the public hearing.
Regular Meeting Minutes 6 December 6, 2022
Christopher Morgan, Building Official provided the staff report and responded to questions.
Karen Moore shared she has attended meetings with the California Energy Commission and California Air, San Joaquin Valley Air Board and stated there are studies proving that natural gas that we run create health issues for greenhouse gases and for health issues for asthmatics and will be moving away from natural gas. Ms. Moore supported the item as it is better for people and environment.
Council questions and comments followed.
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 waive the reading of the full text and introduce 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 the Tracy Municipal Code Title 9; 2) Making findings to substantiate modifications to the 2022 California Building Codes and Standards, due to local 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. Roll call found all in favor; passed and so ordered.
ACTION: Motion was made by Mayor Pro Tem Vargas and seconded by Council Member Arriola to
adopt a Resolution setting forth findings to support local amendments to the 2022 California Code of Regulations, Title 24 Parts 1-12, by the Building Safety Division of the Development Services Department and the Community Risk Reduction Division of the South San Joaquin County Fire Authority. The adoption of this Ordinance is exempt from CEQA pursuant to Section 15061 (B)(3), the “Common Sense” exemption because adding and clarifying language related to the applicability of building codes affects the processing and issuance of ministerial permits. Ministerial permits are also exempt from CEQA under CEQA Guidelines Section 15268. Roll call found all in favor; passed and so ordered.
Following regular item 3.D, as advised by the City Attorney, City Council rescinded the resolution under item 3.B due to a technical error.
Regular Meeting Minutes 7 December 6, 2022
3.C 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 shelter emergency, 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.
Karin Schnaider, Assistant City Manager provided the staff report.
Cyril Carag asked how many people are homeless in Tracy.
Council questions and comments followed.
ACTION: Motion was made by Council Member Arriola and seconded by Mayor Pro Tem Vargas to adopt Resolution 2022-196 (1) Dispensing, retroactively and prospectively, the bidding requirements under the California Public Contract Code (PCC) and Tracy Municipal Code Section (TMC) 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 shelter emergency, without giving notice for bids to let contracts, pursuant to PCC Section 22050 and TMC
2.20.270(A); and (3) Adopting requisite findings under the California Environmental Quality Act. Roll call found all in favor; passed and so ordered.
3.D S
taff 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 Housing 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.
Karin Schnaider, Assistant City Manager provided the staff report.
Council questions and comments followed.
Kris Bajali, Development Services Director responded to questions.
Regular Meeting Minutes 8 December 6, 2022
Cyril Carag asked when various vendors were bidding on job were they not bidding to do x,y and z for a certain price and why is there such a huge difference from the original amount.
ACTION: Motion was made by Council Member Arriola and seconded by Mayor Pro Tem Vargas to adopt Resolution 2022-197 (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 Housing 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. Roll call found all in favor; passed and so ordered.
Bijal Patel, City Attorney announced there was a technical error under Agenda Item 3.B. There was an administrative oversight and the Resolution Council adopted should not have been included in the vote as it was not on the agenda. It was an older attachment that made it into the packet and requested Council to rescind that resolution.
ACTION: Motion was made by Mayor Pro Tem Vargas and seconded by Council Member Arriola to rescind the previous motion on item 3.B to adopt a resolution setting forth findings to support local amendments to the 2022 California Code of Regulations, Title 24 Parts 1-12, by the Building Safety Division of the Development Services Department and the Community Risk Reduction Division of the South San Joaquin County Fire Authority. The adoption of this Ordinance is exempt from CEQA pursuant to Section 15061 (B)(3), the “Common Sense” exemption because adding and clarifying language related to the applicability of building codes affects the processing and issuance of ministerial permits.
Ministerial permits are also exempt from CEQA under CEQA Guidelines Section 15268. Roll call found all in favor; passed and so ordered.
3.E A
dopt 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.
Mayor Young provided the staff report.
Kimberly Murdaugh, Human Resources Director responded to questions.
Regular Meeting Minutes 9 December 6, 2022
Cy ril Carag asked about the City Manager salary increase and when was the last salary increase approved for this position.
A
caller asked if Michael Rogers can ask for a raise with salary he has already agreed to. Does that mean the salary does not cover his costs or does that go for all City Managers that have served for more than one year. Regarding the housing project, asked if the change orders for housing will continue, and guarantee parks will be free of less fortunate homeless people or a temporary solution.
C
ouncil questions and comments followed.
A
CTION: Motion was made by Mayor Pro Tem Vargas and seconded by Council Member Arriola to adopt Resolution 2022-198 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. Roll call found Council Members Arriola, Davis, Mayor Pro Tem Vargas and Mayor Young in favor; passed and so ordered. Council Member Bedolla opposed.
3.F City Council 1) adopt a resolution approving the City’s response to the 2021/2022 ACTION:
San Joaquin County Grand Jury Report on Cybersecurity, Case No. 0321 (2021/2022), and 2) authorize the Mayor to sign the Response Letter.
Karin Schnaider, Assistant City Manager provided the staff report.
There were no Council comments.
There was no public comment.
Motion was made by Council Member Davis and seconded by Mayor Pro Tem Vargas to adopt Resolution 2022-199 1) adopting the City’s response to the 2021/2022 San Joaquin County Grand Jury Report on Cybersecurity, Case No. 0321 (2021/2022), and (2) authorizing the Mayor to sign the response letter.
Roll call found all in favor; passed and so ordered.
4. I
TEMS FROM THE AUDIENCE – Adrianne Richardson, City Clerk announced two comments were received regarding the closure of Hansen Road from Jake Ivester and Dale and Patricia Brandes.
5. S
TAFF ITEMS – Michael Rogers, City Manager thanked Council for the previous action t
hat took place, the city for welcoming him and his family, and the opportunity he has been given in the City of Tracy. Mr. Rogers provided an update on the following:
• Hospice of San Joaquin Tree Lighting Ceremony happening at City Hall tomorrow at 5:
30 p.m.
• Regular meeting of the Planning Commission at 7:00 p.m. tomorrow. • Lawrence Livermore Lab is holding a public hearing in Council Chambers on Thur
sday about their Draft Site-Wide Environmental Impact Statement for continued oper
ation of the national laboratory. They will have a poster session from 6:00 - 6:30 Regular Meeting Minutes 10 December 6, 2022
p.m., with the formal program and public comment from 6:30-8:30 p.m. They will also be having a virtual meeting via Zoom on December 13th. Visit llnl.gov for more information.
• Our Transportation Advisory Commission meeting scheduled for Thursday at 7:00 p.m. has been moved upstairs to room 203, where they will receive an update on the temporary traffic signal operation and status of a permanent signal at the intersection of Valpico and Corral Hollow Road. That meeting will be open to the public for both in- person and remote participation - visit CHcorridor.com for details. • Staff looks forward to hosting our third multi-generational recreation center community workshop on Monday, December 12th at 6:00 p.m. at North School. More information can be found on the City calendar at CityOfTracy.org.
• Between December 26th through January 13th, residents can place their holiday tree curbside on your weekly collection day for recycling pick-up – please ensure it is free of tinsel, ornaments, nails, or stands and cut it in half if larger than 6 feet tall. • Homeless Advisory Committee will not be meeting in December and will meet in January at the regular scheduled meeting.
6. COUNCIL ITEMS – Council Member Davis requested support for a memo outlining how the Police Department responded to the huge sideshow on Grant Line Road, what steps the Police Department is taking to discourage future sideshows in our community, how many vehicles were impounded, how many spectators were cited or arrested and how many officers were on duty that night. Mayor Pro Tem Vargas seconded the request for a memo.
Council Member Davis requested support for re-evaluating what the City of Tracy considers fully staffed sworn-in Police Officers. There has been a lot of crimes and we need to re-evaluate if we have enough officers on the streets. Council Member Davis stated she was told there are only six Police Officers at night and need more. Council Member Arriola supported the request. Council Member Davis clarified she would like the re-evaluation to come before Council.
Michael Rogers, City Manager responded that during the budget process this will be discussed and it would be a great opportunity for the Chief to provide an update or a foreshadowing of some of the items that will be coming before the budget process.
Council Member Davis stated Mr. Moyer and Mr. and Mrs. Tocchini brought up what Council has talked about before regarding improvements on Hansen Road and remembers asking when the City was going to be making movement on some of the improvements Prologis is expected to do. Also, how the City can support that community and accelerate any improvements that would better their quality of life which sounds increasingly dangerous.
Mayor Pro Tem Vargas asked if the neighborhood is in the city or county and how that neighborhood came to be without thinking forward the roadways related to the City.
Mr. Rogers responded the neighborhood is not in the City of Tracy but down the road there is a commercial development south that is in the City and has been planned for quite a few years. Environmental Impact Statements and other things have been a part of that whole process for numerous years.
Mayor Pro Tem Vargas asked if the road is a city or county road.
Regular Meeting Minutes 11 December 6, 2022
Mr. Rogers responded there are portions of the road that are in the City, it adjoins the City of Tracy and the Lammersville Community which is County.
Mayor Pro Tem Vargas stated the closure of the road seems dangerous and how that affects our Roadway Master Plan. Seems like a more in-depth conversation and asked if the request is to bring back a conversation or to just go ahead and sign off on this.
Council Member Davis responded it is a previous request she made asking when Prologis is expected to complete their commitments to roadway improvements which is within the City limits and also the City has already determined in the past that we are in support of the residents of Hansen Road and the closure.
Mayor Pro Tem Vargas stated she did not remember that.
Mr. Rogers responded staff will send a memo out this week.
Mayor Pro Tem Vargas asked if this body has moved forward with a support of the road.
Mr. Rogers responded this item has not come before this body and this is why we are going to be providing a memo to the Council.
Mayor Pro Tem Vargas stated she wanted to make sure clear expectations and factual information is given; this body has not supported the closure of the road and that conversation has not come forward in front of Council for discussion.
Council Member Davis stated she knows that Council has not voted on anything but have heard Mr. Balaji express support for that closure on the dais.
Mr. Rogers responded staff does support the item and are working with Prologis and the County in a way that can be a win win situation for everyone that promotes safety in the entire area. Also looking at those items that are a part of the whole General Plan trying to ensure other roadways, other relief valves are worked on and improved as quickly as possible. Will make sure it is documented in the memo and once we have the memo to Council, we are open for further discussion with all of Council.
Mayor Pro Tem Vargas responded she wants to make sure that the public in our community and the neighboring community are safe. The pros and cons in the memo will be very helpful.
Council Member Davis stated a caller mentioned the community prioritized a Library in the past and asked where we are with the Library and an update from the County on what is being done on the existing library. Council Member Arriola seconded the memo.
Council Member Davis asked where we are with a future hospital, is interested in what that looks like, if we are still doing that, who are we talking to about it and if not can we start the conversation about bringing a trauma ready hospital to the City of Tracy. Mayor Pro Tem Vargas supported the request.
Regular Meeting Minutes 12 December 6, 2022
Council Member Davis asked if Council could have a conversation about signage or notices to residents to notify when the street sweepers are out. Signage sounds like a good idea.
Mr. Rogers responded staff just had a meeting on this and are looking at all of those types of things and improving the street sweeping operations. That is in the works, as soon as we finalize that staff will brief Council on the potential recommendations.
Midori Lichtwardt, Assistant City Manager provided an update on the location of the street sweeping schedule on the City’s website.
Mayor Young stated she has asked about it before and it was very convoluted, education is important and shared that signage in L.A. is very clear. May need to consider something on a bigger level. Council Member Davis concurred.
Council Member Arriola provided an update on East Bay Community Energy regarding approval of 24/7 public EV fast charging stations which means territory of Alameda County and Tracy and Stockton will be having between 40 or 50 EV fast charges set up by 2030. Council Member Arriola announced he is proud he has been selected as the next Chair for EBCE. Council Member Arriola spoke about the Emergency Shelter visit and gave kudos to staff for the progress made. There are 46 people who are indoors, accessing services and within the first two weeks, four individuals entered and exited the shelter to transitional housing. That is transformative for individual lives, and we should recognize and celebrate those wins.
Council Member Arriola stated as the City of Tracy grows by the next election, we will be over 100,000 people, and requested support to bring back an item to assess the viability of the restructuring of Council and essentially looking at Council districts and the viability of a two versus four-year Mayoral term and viability of a full time Mayor. Mayor Pro Tem Vargas supported the request.
Karin Schnaider, Assistant City Manager stated on December 1, 2022 a Request for Qualifications (RFQ) was issued for a demographics mapping and outreach services to begin the districting process and the RFQ will close on December 15 and a contract will be before Council in January 2023. The Mayoral two-year term was a referendum and would require a vote to change.
Mayor Pro Tem Vargas stated we understand the vote and still think it is worth going to the vote.
Council Member Arriola wished everyone to be safe out there during holiday celebrations.
Mayor Pro Tem Vargas asked for support for a memo updating Council on where we are with the specific plan for downtown and TOD and what efforts have been done in the last two years and when the specific plan will be coming back before Council for adoption.
Mayor Young supported the request.
Mayor Pro Tem Vargas asked for clarification from staff that the Environmental Sustainability Plan and the Environmental Sustainability Commission discussion is coming up.
Regular Meeting Minutes 13 December 6, 2022
Ms. Schnaider responded it is going to be a combination of that topic as well as other commissions and committees and yes, it is planned.
Mayor Pro Tem Vargas stated as we prepare for the Environmental Sustainability Plan, can we make sure the Urban Forest and Irrigation Plan and maintenance for irrigation is part of sustainability plan.
Ms. Schnaider responded the first action is to form the committee which will come to Council in January 2023 and then it can be part of the scope after it is formed.
Mayor Pro Tem Vargas provided an update on the LOCC leadership conference she attended last week where the Cal Cities adopted the 2023 priorities. Mayor Pro Tem Vargas also provided an update on Valley Link meetings.
Council Member Bedolla requested a memo informing Council of the impacts to the City should Valley Link decide to start implementing the results from the supplemental EIR.
The understanding is a stop at Mountain House and Tracy would solely get an operation facility. Council Member Davis supported.
Council Member Bedolla stated some cities have a dedicated Community Development Director and a Youth Coordinator or a youth-oriented position. There is nothing for youth to do in Tracy and requested a memo on the benefit of having a dedicated Community Development Director and youth orientated or director level position that is focused on developing more youth opportunities.
Ms. Schnaider responded that is currently in our recreation. In the last two weeks we brought on our first teen and youth recreation coordinator. It is the first in over a decade that has been part of the City team and part of budget augmentation the Council adopted.
Will have Parks Director send a memo introducing that staff member to Council.
Council Member Bedolla requested information on the benefit of having a dedicated Community Development Director. We have planning, engineering but have seen some cities that have that position staffed and takes a more holistic approach.
Ms. Schnaider stated our titles here are different. The function of Development Services and Parks and Community Services would partner together, it is a combination of more of any kind of functionality of titles.
Council Member Bedolla stated he gets how different positions can connect but have seen other success stories where this is something they believed in.
Ms. Lichtwardt asked how Council Member Bedolla envisioned that role and provided a history of the City’s past Community Development Department and the creation of the Development and Engineering Services and putting engineering and planning together for efficiency. Community Development may be a function but could be planning and building which is part of Development Services.
Council Member Bedolla retracted the Community Development Council item and stated he will do more homework on that and regroup and come back. He is looking for more employees in the City that are focused on opportunities for young people.
Regular Meeting Minutes 14 December 6, 2022
Mayor Young stated Consent Item 1.C appointed five people to serve Youth Advisory Commission, and there may be an opportunity to utilize that vehicle to highlight and bring back other opportunities.
Mayor Young reported on the recent Cal Cities Leadership conference and board meeting in Monterey and setting priorities for 2023 which have been published. Mayor Young stated Consent Item 1.E was not pulled but there are a number of meetings that will not take place in 2023: July 4 is a holiday but established a meeting on July 5 to replace it. July 18 there will not be a meeting and August 1 is National Night Out. We will also not be having a meeting on December 20, 2022, but there will be a special meeting on December 13, 2022 at 6:00 p.m. The Flaming Ukes will be in the lobby at 5:00 p.m. and there will also be a reception in lobby for outgoing and incoming Council Members. Mayor Young thanked TCCA for the lights parade.
7. ADJOURNMENT – Time: 10:06 p.m.
ACTION: Motion was made by Council Member Davis and seconded by Mayor Pro Tem Vargas to adjourn. Roll call found all in favor; passed and so ordered.
The above agenda was posted at the Tracy City Hall on December 1, 2022. The above are action minutes. A recording is available at the office of the City Clerk.
____________________________
Mayor
ATTEST:
__________________________
City Clerk
December 13, 2022
Agenda Item 2.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 14, 2022 through January 12, 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 December 6, 2022, City Council adopted Resolution 2022-181, 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 2.B
December 13, 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 2.B
December 13, 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 14, 2022, through January 12, 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 14, 2022, TO JANUARY 12, 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 14, 2022 through January 12, 2023.
* * * * * * * * * * * * * *
The foregoing Resolution 2022-_____ was adopted by the Tracy City Council on December 13, 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 13, 2022
Agenda Item 3.A
RECOMMENDA
TION
Adopt a Resolution reciting the facts of the General Municipal Election held in the City of Tracy on November 8, 2022 and declaring the results of the Election and such other matters as provided by law.
EXECUTIVE SUMMARY
A General Municipal Election (Election) was held on November 8, 2022. The San Joaquin County Registrar of Voters Office has certified the results. California Election Code Section 10263 requires that the City Council adopt a resolution reciting the results of the election and other matters, as provided by law, upon completion of the canvass.
BACKGROUND AND LEGISLATIVE HISTORY
A General Municipal Election was held in the City of Tracy (City) on Tuesday, November 8, 2022, pursuant to Resolution No. 2022-083 (Attachment A), adopted by Council on June 24, 2022, and Resolution No. 2022-106 (Attachment B), adopted by Council on July 12, 2022.
The Registrar of Voters for S an Joaquin County has canvassed the returns of the Election and certified the r esults per Elections Code sections 10262 et al. as follows:
• The names of
the persons voted for at the Election for the seat of Mayor were Nancy D. Young, Eleassia Davis, and Mateo Bedolla.
• The names of t
he persons voted for at the election for the seat of Member of the City Council were Ameni Alexander, Dan Arriola, Alice English, Dan Evans, Wes Huffman, William Muetzenberg, and Amrik Wander.
The Measure
voted upon at the Election was as follows:
• Measure B
- To ensure large businesses pay a proportionate share
and provide funding for City services such as: repairing potholes/streets; keeping public areas healthy/safe/clean; maintaining neighborhood police patrols/9-1-1 emergency response/fire protection; supporting our economy/general government use, shall the measure to update the City of Tracy business taxes be adopted with typical rates between 0.1% and 0.3% of gross receipts, as described in the measure, providing an additional $3,200,000 annually, until ended by voters? – Yes/No
The number of
precincts and the number of votes given in the City to each of the persons named above for the respective offices for which the persons were candidates, and Measure B are included in the certified results (Attachment C).
Agenda Item 3.A
December 13, 2022
ANALYSIS
In compliance with the California Elections Code 1301, the City Council adopted Ordinance No. 470 establishing that the City of Tracy holds a regular Gene ral Municipal Election on every even numbered year on the first Tuesday after the first Monday in November in each such even- numbered year. The City Council has three seats (two Council Members and Mayor) whose terms will expire by the end of the 2022. City Council also ordered the City Clerk to submit to t
he City of Tracy voters, at the November 8, 2022, General Municipal Election, a Ballot Measure repealing and replacing, in its entirety, Chapter 6.04 (Business Taxes) of the Tracy Municipal Code.
To reduce costs of the election, pursuant to California Elections code Section 10002, the City Council adopted Resolution 2022-083 requesting that the Board of Supervisors of the County of San Joaquin consent to the consolidation of the City’s General Municipal Elect ion of November 8, 2022, with the Statewide General Election that was held by the County of San Joaquin and provide the assistance of the County Registrar of Voters for the Election.
Pursuant to Elections Code 10263, the City Council must adopt a resolution reciting the facts of the General Municipal Election held on November 8, 2022, declaring the results and other matters as provided by law, upon completion of the canvas. The Registrar of Voters for San Joaquin County has canvassed the returns of the Election and certified the results per Elections Code sections 10262 et al.
FISCAL IMPACT
The actual cost of the Election is unknown at this time. Base d on past practice, the County will provide a full accounting and invoice to the City by January 2023 and the City of Tracy will reimburse the County for its services. The C ity budgeted $135,000 in the FY 2022/23 budget.
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, pursuant to the Elections Code, adopt a resolution reciting the facts of the General Municipal Election held on November 8, 2022, declaring the results and other matters as provided by law.
Prepared by: Adrianne Richardson, City Clerk
Re
viewed by: Karin Schnaider, Assistant City Manager
Approved by: Michael Rogers, City Manager
Agenda Item
December 13, 2022
ATTACHMENTS:
Attachment A – Tracy City Council Resolution 2022-083
Attachment B – Tracy City Council Resolution 2022-106
Attachment C – San Joaquin County Registrar of Voters Certification of Results of the City of Tr
acy General Election held on November 8, 2022
TRACY CITY COUNCIL
RESOLUTION NO. 2022- 083
1) CALLING AND GIVING NOTICE TO HOLD A GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 8, 2022, FOR THE ELECTION OF CERTAIN OFFICERS PURSUANT TO THE CALIFORNIA ELECTIONS CODE; 2) REQUESTING THE BOARD OF SUPERVISORS OF SAN JOAQUIN
COUNTY TO CONSOLIDATE THE CITY OF TRACY' S GENERAL MUNICIPAL
ELECTION WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON NOVEMBER 8, 2022; 3) REQUESTING THE SERVICES OF THE SAN JOAQUIN COUNTY REGISTRAR OF VOTERS ( REGISTRAR); AND 4)
AUTHORIZING THE PAYMENT OF COSTS FOR THE REGISTRAR' S
SERVICES FOR SUCH AMOUNT OF ACTUAL COSTS INCURRED
WHEREAS, Under California Elections Code 1301, a General Municipal Election must be held on an established election date unless the relevant City Council has enacted an ordinance requiring its election to be held on one of the dates specified in such statute; and
WHEREAS, In compliance with the California Elections Code 1301, the City Council adopted Ordinance No. 470 establishing that the City of Tracy holds a regular General Election on every even numbered year on the first Tuesday after the first Monday in November in each such even - numbered year; and
WHEREAS, The City of Tracy holds a General Municipal Election to fill a vacant and/or term expired City Council seat; or place any public or City Council generated measure/ initiative/ referendum on the ballot; and
WHEREAS, the City Council will have three seats whose terms will expire by the end of 2022. The three Council seats whose terms are expiring are currently held by Council Member Arriola, Mayor Pro Tem Vargas, and Mayor Young; and
WHEREAS, the City seeks to hold the City's General Municipal Election on Tuesday, November 8, 2022; and
WHEREAS, To reduce the costs of the election, pursuant to California Elections Code Section 10002, the City seeks to request the Board of Supervisors of San Joaquin County to consolidate the City' s General Municipal Election, of November 8, 2022, with the Statewide General Election that will be held by the County of San Joaquin ( County); and WHEREAS, Pursuant to California Elections Code Section 10400, the City seeks to request the services of the San Joaquin County Registrar of Voters ( Registrar) for its election; and
ATTACHMENT A
Resolution 2022- 083
WHEREAS, The Registrar has provided an estimated cost of conducting the election for the City, which amount is anticipated not to exceed $ 200, 000; and now therefore be it RESOLVED: The City Council of the City of Tracy, California, does resolve, declare, determine, and order as follows:
Section 1: The City Council hereby calls and provides notice for the holding of a General Municipal Election in the City of Tracy, California, on Tuesday, November 8, 2022, for the purpose of electing a Mayor for the full term of two years commencing December 2022 and expiring November 2024; two members of the City Council for the full term of four years commencing December 2022 and expiring November 2026.
Section 2: The City Council hereby requests the Board of Supervisors of the County of San Joaquin consent and agree to the consolidation of the City' s General Municipal Election with the Statewide General Election on Tuesday November 8, 2022 and to provide the assistance of the County Registrar of Voters for such election.
Section 3: The City Council hereby authorizes the County Elections Department of San Joaquin County Election to hold the General Municipal Election in all respects with the Statewide General Election, as if there were only one election, with only one form of ballot, and canvass the returns of the General Municipal Election.
Section 4: The Board of Supervisors is requested to issue instructions to the County Elections Department to take any and all steps necessary for holding of the consolidated election.
Section 5: That the City Council hereby appropriates all monies necessary to prepare for and conduct said election and hereby authorizes the City Clerk to take any and all actions necessary to prepare for and conduct said election consistent with this Resolution and the California Elections Code where applicable.
Section 6: The City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the County Elections Department of the County of San Joaquin.
Section 7: That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
Resolution 2022- 083
The foregoing Resolution 2022- 083 was adopted by the Tracy City Council on June 24, 2022, by the following vote:
AYES: COUNCIL MEMBERS: ARRIOLA, BEDOLLA, DAVIS, VARGAS, YOUNG NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTENTION: COUNCIL MEMBERS: NONE
NANCY D. YOU
Mayor of the City of Tracy, California
ATTEST;
ADRIANN RICHARDSON
City Clerk and Clerk of the Council of the
City of Tracy, California
ATTACHMENT B
ATTACHMENT C
APPROVED AS TO FORM AND LEGALITY
________________________
CIT
Y ATTORNEY’S OFFICE
TRAC
Y CITY COUNCIL
RESOLUTION NO. _______________
RECIT
ING THE FACTS OF THE GENERAL MUNICIPAL ELECTION HELD IN THE CITY OF TRACY ON NOVEMBER 8, 2022 , AND DECLARING THE RESULTS OF THE
ELECTION AND SUCH OTHER MATTERS AS PROVIDED BY LAW
WHER
EAS, A General Municipal Election (Election) was held and conducted in the City of Tracy, California, on Tuesday, November 8, 2022, as required by law; and WHEREAS, Notice of the Election was given in time, form, and manner as provided by law; that voting precincts were properly established; that election officers were appointed and that in all respects the Election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in general law cities; and
WHEREAS, To reduce costs of the Election, pursuant to California Elections Code Section 10002, the City Council adopted Resolution 2022-083 on June 24, 2022 requesting that the Board of Supervisors of the County of San Joaquin consent to t he consolidation of the City’s General Municipal Election of November 8, 2022, with the Statewide General Election that was held by the County of San Joaquin and provide the assistance of the County Registrar of Voters for the Election; and
WHEREAS, Pursuant to Elections Code 10263, the City Council must adopt a resolution reciting the facts of the General Municipal Election held on November 8, 2022, declaring the results and other matters as provided by law, upon completion of the canvas; and
WHEREAS, The Registrar of Voters for San Joaquin County has canvassed the returns
of the Election and has certified the results of the Election to this City Council as shown on in the Certificate of Results (Attachment A), which is incorporated herein and made
a part of this Resolution; and
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Tracy that it does declare, determine, and order as follows:
Sect
ion 1: The foregoing recitals are determined to be true and accurate and incorporated herein as findings.
Sect
ion 2: That the names of the persons voted for at the Election were as follows:
• The name
s of the persons voted for at the election for Mayor were Nancy D. Young, Eleassia Davis, and Mateo Bedolla.
Resolution 2022-
• The names of the persons voted for at the election for Member of the City Council were Ameni Alexander, Dan Arriola, Alice English, Dan Evans, Wes Huffman, William Muetzenberg, Amrik Wander.
Section 3: That the Measure voted upon at the Election was as follows:
• Measure B - To ensure large businesses pay a proportionate share and provide funding for City services such as: repairing potholes/streets; keeping public areas healthy/safe/clean; maintaining neighborhood police patrols/9-1-1 emergency response/fire protection; supporting our economy/general government use, shall the measure to update the City of Tracy business taxes be adopted with typical rates between 0.1% and 0.3% of gross receipts, as described in the measure, providing an additional $3,200,000 annually, until ended by voters? – Yes/No
Section 4: That the number of votes given at each precinct and the number of votes given in the City to each of the persons named above for the respective offices for which the persons were candidates and Measure B were as listed in the Certificate of Results (Attachment A).
Section 5: The City Council does declare and determine that: Nancy D. Young was elected as Mayor for the full term of two years; that Dan Arriola was elected as Member of the City Council for the full term of four years and Dan Evans was elected as Member of the City Council to serve a term of four years; and that Measure B passed.
Section 6: The City Clerk shall enter on the records of the Tracy City Council, a statement of the result of the Election showing (1) the whole number of ballots cast in the City; (2) the names of the persons voted for; (3) for which office each person was voted for; (4) the number of votes given at each precinct to each person; and (5) the total number of votes given to each person.
Section 7: That the City Clerk shall immediately make and deliver to each of the persons so elected a Certificate of Elections signed by the City Clerk and authenticated; that the City Clerk shall also administer the Oath of Office prescribed in the Constitution of the State of California and shall have them subscribe to it and file it in the office of the City Clerk, upon which each and all of the persons so elected shall then be inducted into the respective office to which they have been elected.
* * * * * * * * * * * * * *
Resolution 2022-
The foregoing Resolution 2022-_____ was adopted by the Tracy City Council on t he 13th day of December 2022 by the f ollowing 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
December 13, 2022
Agenda Item 3.D
RECOMMENDATION
The City Council, by Motion, appoint a Council Member as the Mayor Pro Tempore of the Tracy City Council for a two-year term ending in December 2024.
EXECUTIVE SUMMARY
This item requests that the City Council appoint a Mayor Pro Tempore to serve a two-year term ending in December 2024.
BACKGROUND AND LEGISLATIVE HISTORY
Government Code Sections 34905 and 36801 require that the City Council choose one of its members to serve as Mayor Pro Tempore. In the absence of the Mayor, the Mayor Pro Tempore exercises the powers and duties of the Mayor. The Mayor Pro Tempore serves a two-year term.
ANALYSIS
The adopted City Council Code of Conduct states under Section 2.2.1 of Chapter 2 (Council Powers and Responsibilities), that the selection of the Mayor Pro Tem pore occurs every two years in December, after the City receives the certified results of the election from the County Registrar of Voters.
FISCAL IMPACT
There is no fiscal impact associated with this discussion item.
STRATEGIC PLAN
This item does not relate to the Council’s Strategic Plans.
ACTION REQUESTED OF THE CITY COUNCIL
Staff recommends that , by motion, the City Council appoint a Council Member as the Mayor Pro Tempore of the Tracy City Council for a two-year term ending in December 2024.
Prepared by: Adrianne Richardson, City Clerk
Reviewed by: Karin Schnaider, Assistant City Manager
Approved by: Michael Rogers, City Manager