Agenda, first session — Tracy City Council, February 7, 2023 (part 1 of 3)

Date
Posted: February 2, 2023

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

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

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

HEALTH GUIDELINES, UNIVERSAL MASKING IS RECOMMENDED FOR ALL PERSONS

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

MEM

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

As
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-ver se 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:

Duri
ng the upcoming City Council meeting public comment will be accepted via the options listed below. If you would like to comment remotely, please follow the protocols below:
• Comments via:
o Online by visiting https://cityoftracyevents.webex.com and using the following Event Number: 2555 489 1055 and Event Password: TracyCC o If you would like to participate in the public comment anonymously, you may submit your comment in WebEx by typing “Anonymous” when prompted to provide a First and Last Name and inserting [email protected] when prompted to provide an email address.
o Join by phone by dialing +1-408-41 8-9388, enter 25554891055#8722922# Press *3 to raise the hand icon to speak on an item.
• Prot
ocols for commenting via WebEx:
o If you wish to comment on the “Consent Calendar”, “Items from the Audience/Public Comment” or “Regular Agenda” portions of the agenda:
 Listen for the Mayor to open that portion of the agenda for discussion, then raise your hand to speak by clicking on the Hand icon on the Participants panel to the right of your screen.
 If you no longer wish to comment, you may lower your hand by clicking on the Hand icon again.

TRACY CITY COUNCIL REGULAR MEETING AGENDA
Tuesday,
February 7, 2023, 7:00 P.M.

Tra
cy City Hall Chambers, 333 Civic Center Plaza, Tracy Web Site: www.cityoftracy.org TRACY CITY COUNCIL AGENDA 2 February 7, 2023

o Comm
ents for the “Consent Calendar” “Items from the Agenda/Public Comment” or “Regular Agenda” portions of the agenda will be accepted until the public comment for that item is closed.

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

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

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

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

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

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

Full
copies of the agenda are available on the City’s website: www.cityoftracy.org Date Posted: February 2, 2023
TRACY CITY COUNCIL AGENDA 3 February 7, 2023
CALL

TO ORDER

PLEDGE OF ALLEGIANCE

INVOCATION

ROLL CALL

PRESENTATIONS

1. Employee of the Month

2. Certificates of Appointment - Parks and Community Services Commission

3. Police Department Swearing In Ceremony

1. CONSENT CALENDAR

1.A Adoption of December 21, 2022 Speci al Meeting Minutes, January 17, 2023 Closed Session Minutes, January 17, 2023 Special Meeting Minutes, January 17, 2023 Regular Meeting Minutes, January 30, 2023 Closed Session Minutes and January 30, 2023 Special Meeting Minutes.

1.B 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 February 8, 2023 through March 9, 2023 pursuant to the Brown Act.

1.C. Appr
oving a General Services Agreement with Mountain Cascade, Inc. for the Wastewater Treatment Plant Filter Valve Replacement for a term of three (3) months and a not to exceed amount of $166,000.

1.D. A pproving a Prof essional Services Agreement with CH2M HILL Engineers, Inc. to perform a high-level analysis of Tracy Wastewater Treatment Plant expansion to 16 million gallons per day for a period of three (3) months and a total not to exceed amount of $110,000.

1.E.

Approving a Professional Services Agreement with Guidepost Solutions, LLC for the design of the Security System Implementation of the City’s Water Facilities Project (CIP 75169) for a period of five (5) months and a total not-to-exceed amount of $53,290.

1.F. A pproving a General Services Agreement with Telstar Instruments for the Programmable Logic Controller and Primary Effluent Pumping Control Upgrade Project for a term of nine (9) months and a total not to exceed amount of $293,250.

1.G. A pprove the Inspection Improvement Agreement between City and Lennar Homes of California, LLC for Corral Hollow Road Widening Improvements at Tracy Hills Phase 2 Frontage.

1.H. Adopt two resolutions: (1) Approving a Professional Services Agreement with CH2M HILL Engineers, Inc. for the design of a recycled water booster pump station for the Recycled Water System Expansion Project (CIP 74168) for a term of five (5) months and a not to exceed amount of $1,240,000; and (2) Approving a Professional Services Agreement with CH2M HILL Engineers, Inc. for the design of recycled water pipelines for the Recycled Water System Expansion Project (CIP 74168) for a term of five (5) months and a not to exceed amount of $1,860,000.

2. ITEMS FROM THE AUDIENCE

3. REGULAR AGENDA
TRACY CITY COUNCIL AGENDA 4 February 7, 2023

3.A. Rec
eive the annual informational report regarding the City of Tracy’s Senior Services Program for 2022.

3.B. Discuss and provide direction, by motion, that 1) the City not advance the establishment of a Government Accountability Commission at this time and 2) the City Manager return with an agenda item for the City Council to consider the establishment of an Environmental Sustainability Commission.

3.C. City Council 1) approve a resolution to form a standing committee of the Tracy City Council on Fiscal Sustainability (Committee) and 2) appoint, by motion, two members, to the Committee for an annual term, pursuant to the City Council’s appointment procedures.

3.D. Approving a Professional Services Agreement with: (1) Tripepi Smith and Associates, Inc. for the performance of community engagement services related to the creation of City Council Districts for a term of ten (10) months and in a total not to exceed amount of $90,000; and 2) National Demographics Corporation for the performance of demographic and mapping services related to the creation of City Council Districts, for a term of ten (10) months and in a total not to exceed amount of $60,000.

4. ITEMS FROM THE AUDIENCE

5. STAFF
ITEMS

6. COUNCIL
ITEMS

7. ADJO

URNMENT

TRACY CITY COUNCIL - SPECIAL MEETING MINUTES
December 21, 2022, 6:30 p.m.

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

Mayor Young called the meeting to order at 7:28 p.m.

Roll Call found Council Members Arriola, Bedolla, Evans, Mayor Pro Tem Davis and Mayor Young present.

1. ITEMS FROM THE AUDIENCE – Charles Jones shared excitement regarding the success of the homeless shelter and the decrease of individuals staying in the park. Mr.

Jones expressed concerns with the rough start with the controversy regarding Mayor Pro Tem selection and shared that Mayor Pro Tem Davis should not have allowed negative messaging regarding the only gay elected in the County knowing the potential danger that members of the LGBTQ+ community face. Would like to see everyone work together because Tracy is better when you do.

Karen Moore shared concerns about the decisions that will be made as a new Council regarding the City’s constitution for land use and land development. Ms. Moore spoke about the apartment complex on Valpico, Eleassia Davis and Alice English were against it and Rickman voted against it in 2019 and now because it is low to moderate income Council is overriding Planning Commission since these things are not in the General Plan and urged Council to read the General Plan.

Vannie Dart congratulated Council on their elections, welcomed Council Member Evans and congratulated Mayor Pro Tem Davis. Ms. Dart stated that 32% of voters voted for Eleassia Davis to be Mayor second to Mayor Young and hoped that Council can work together to serve the City of Tracy and the people to the best of their ability.

Raymond Dart congratulated all on their elections and new Council Member Dan Evans and congratulated Mayor Pro Tem Davis. Mr. Dart hoped Council works together to bring improvements to the City especially to the infrastructure and roads and wished Council good luck.

Dotty Nygard wanted to remind everyone that the dais represents the whole community and that residents of Tracy voted for Council and that Council vote on the community’s behalf and best interest and continue the mission to be a robust, healthy, and thriving City by respectfully upholding the General Plan, Transportation Plan, Parks and Recreation Plan and Sustainability Action Plan. These plans will guide and assist in the vision of the community and will grow reflecting community values and shape the future.

Heather Smiddy shared that during the pandemic the downtown community came together, business owners and community saw a problem, faced it and fixed it together without Council support. Ms. Smiddy expressed her disappointment with Council conduct and encouraged Council to take a note from your downtown community and stand up for each other and have each other’s backs. It would benefit the City that this start tonight and carry through to the end of your term.

Tim Silva expressed his frustration that the meeting started late and shared his concerns regarding the Mayor’s conduct during the agenda item nominating Mayor Pro Tem at the Special Meeting Minutes 2 December 21, 2022
December 13, 2022 meeting. Mr. Silva reminded Council that they work for the people and not the other way around and the selection of the Mayor Pro Tem position should have been accepted with dignity and shared his opinion that the person most qualified is the veteran that sits on Council.

2. DISCUSSION ITEMS

2.A CITY COUNCIL DISCUSS A REQUEST FOR OUT-OF-STATE TRAVEL AND IF

SUPPORTED, APPROVE BY MOTION, THE UPCOMING OUT-OF-STATE

TRAVEL FOR CITY COUNCIL MEMBER(S) TO TRAVEL TO WASHINGTON DC FOR THE UNITED STATES CONFERENCE OF MAYORS 2023.

Midori Lichtwardt, Assistant City Manager provided the staff report.

Alice English asked if this travel would interfere with the next City Council Meeting in January.

Tim Silva expressed his support for the Mayor to travel to do outreach at the federal level and thanked the new council and looks forward to council doing good things.

ACTION: Motion was made by Mayor Pro Tem Davis and seconded by Council Member Evans to approve the upcoming out-of-state travel for City Council Member(s) to travel to Washington DC for the United States Conference of Mayors 2023. Roll call found all in favor; passed and so ordered.

3. STAFF ITEMS – Michael Rogers shared that there is no warming center but there is an administrative building at the homeless shelter that can be used if anyone would like a place to warm up at.

4. COUNCIL ITEMS AND COMMENTS – Council Member Bedolla moved that staff bring a resolution on or before the February 7th meeting to accept the Irrevocable Offer of Dedication of Fee Interest for 16-acres of community park land for an aquatics park from Ellis Village LLC. to City of Tracy so that the land can be accepted, and project can be done. Mayor Pro Tem Davis seconded the request.

Council Member Bedolla asked about the Brichetto site and wanted to clarify a rumor that the site had been taken off the table and requested the capacity of the temporary housing shelter. Midori Lichtwardt shared that the Brichetto site was at one point considered as a potential overflow site but ended up being able to fit more units on to the existing Arbor Road site so there was no need to use the Brichetto site and she shared the number of units at the Arbor Road site and that at this time it is close to capacity and that by January the estimate is about 89 beds.

Council Member Bedolla moved that staff under the shelter emergency immediately follow up on helping our City’s displaced residents at Arnulfo Plascencia Fields and any other hotspot site where encampments are located or growing due to the changes at El Pescadero Park. If it’s a capacity issue find more. Mayor Pro Tem Davis seconded the request.

Mayor Young clarified the process and procedure of making requests during Council Items.

Council Member Bedolla shared that he is proud of his nomination of Council Member Davis as Mayor Pro Tempore and his record on Council and working with all his Special Meeting Minutes 3 December 21, 2022
colleagues putting aside and refraining from alliances. As elected officials work for the residents of Tracy and not the insiders, keeping this in mind is how Tracy moves forward. Council Member Bedolla was pleased with the overwhelming support that his nomination was met with, proving that Mayor Pro Tem Davis, her availability, and community engagement makes her the right one for the role and it does not have any effect on voting. Council Member Bedolla expressed that he is always in support of upsetting the status quo even if it means standing alone if it is the best decision for the community. Council Member Bedolla wished everyone a Happy New Year and Merry Christmas.

Mayor Pro Tem Davis thanked Council Members Bedolla and Evans for their confidence and support and shared that she asked community members to attend this Council meeting to express their support on her behalf. Mayor Pro Tem Davis expressed that it was an honor and privilege to be a keynote speaker at the Fire pinning ceremony.

Mayor Pro Tem Davis requested for the third time, a memo about Prologis’ responsibility to do the roadway and overpass repairs. Seconded by Council Member Bedolla.

Mayor Pro Tem Davis reiterated that she is looking forward to working alongside the Mayor and Council colleagues and looking forward in a positive manner and wished everyone a Merry Christmas and Happy New Year.

Council Member Arriola congratulated the new and promoted firefighters and is looking forward to working with the City Council for the betterment of the community in 2023 and beyond.

Council Member Evans shared that he saw Council come together and that in the past he was a vocal community advocate. He stated that there will be times where not all Council will agree all the time and that part of democracy requires spirited debates to get ideas going and that he is there to continue the hard work for the citizens of Tracy.

Mayor Young congratulated the newly pinned and promoted firefighters, requested that Resolution 2021-131 regarding commission and eligibility lists be reviewed and would like clarification on the eligibility list and criteria. Mayor Young shared community concerns about cannabis business going bankrupt due to delays, shared that she will write a note and send to staff. Mayor Young stated she was glad that there is a warming opportunity and that it had been mentioned to her that a church on Eden was possibly having a warming center and asked how the City is passing along the information. Midori Lichtwardt, Assistant City Manager shared that information regarding homelessness can be found on the City website. Mayor Young wished a Merry Christmas, Happy Kwanza, Happy New Year to everyone.

5. ADJOURNMENT – Time: 8:13 p.m.

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

Special Meeting Minutes 4 December 21, 2022

The above agenda was posted at the Tracy City Hall on December 20, 2022. The above are action minutes. A recording is available at the office of the City Clerk.

____________________________
Mayor

ATTEST:

___________________________
City Clerk

TRACY CITY COUNCIL - SPECIAL MEETING MINUTES
January 17, 2023, 5:30 p.m.

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

1. Mayor
Pro Tem Davis called the meeting to order at 5:32 p.m.

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

3. ITEM
S FROM THE AUDIENCE – None

4. CONSE
NT CALENDAR – Motion was made by Council Member Bedolla and seconded by Council Member Arriola to adopt the consent calendar. Roll call found Council Members Arriola, Bedolla, Evans and Mayor Pro Tem Davis in favor; passed and so ordered. Mayor Young absent.

4.A 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 January 17, 2023 through February 15, 2023 pursuant to the Brown Act. – Resolution 2023-001 adopted the findings and re-authorized remote teleconference meetings.

5. Request
to Conduct Closed Session
Real Property Negotiations (Gov. Code. Section 54956.8) Proper
ty Location: APN: 235-068-06
729/741 N. Central Avenue, Tracy, CA
Negoti
ators for the City: Michael Rogers, City Manager
Midori Lichtwardt, Assist. City Manager
William Dean, Assist. Director of Development Services
Ed Wanket, Eco. Development Management Analyst
Scott Claar, Senior Planner
Bijal Patel, City Attorney
Under
Negotiation: Price & Terms of Payment
There was
no public comment.

ACTI
ON: Motion was made by Council Member Arriola and seconded by Council Member Bedolla to recess to closed session. Roll call found Council Members Arriola, Bedolla, Evans and Mayor Pro Tem Davis in favor; passed and so ordered.

Mayor Young absent. Time: 5:36 p.m.

6. Reconv
ened to Open Session – Time: 6:06 p.m.

7. Report
of Final Action – None
Special Meeting Minutes 2 January 17, 2023

8. Counci
l Items and Comments – Council Member Arriola stated he brought to the City’s attention the possibility related to affordable housing and the implementation of what is called a builder’s remedy, essentially if the city does not have enough housing, we lose the ability to zone and requested a workshop related to addressing the builder’s remedy issue. Mayor Pro Tem Davis and Council Member Bedolla seconded the request.

9. Adjournment: Time: 6:07 p.m.

ACTION: Motion was made by Council Member Arriola and seconded by Council Member Evans to adjourn. Roll call found Council Members Arriola, Bedolla, Evans and Mayor Pro Tem Davis in favor; passed and so ordered. Mayor Young absent.

The above agenda
was posted at the Tracy City Hall on January 12, 2023. The above are action minutes. A recording is available at the office of the City Clerk. ____________________________
Mayor

ATTEST:
___________________________
Cit
y Clerk

TRACY CITY COUNCIL - SPECIAL MEETING MINUTES
January 17, 2023, 6:00 p.m.

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

Mayor
Pro Tem Davis called the meeting to order at 6:07 p.m.

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

Mayor Young absent.

1. ITEM
S FROM THE AUDIENCE - None

2. CITY

COUNCIL CONDUCT A WORKSHOP TO REVIEW THE USER FEE STUDY AND

PROVIDE FEEDBACK
Sara
Cowell, Finance Director introduced Lauren Guido, consultant from NBS who provided the presentation and responded to questions.

Counci
l questions and comments followed.

Kari
n Schnaider, Assistant City Manager responded to questions.

Cit
y Council provided feedback.

Coun
cil Member Evans asked staff to look at the $400,000 deficit for facility rentals as it could potentially be another opportunity for cost recovery.

Counci
l Member Arriola asked staff to take into consideration, as we are going through the process, to ensure there are separate policies related to equity for low-income families and making sure we are maintaining those programs.

Mayor
Pro Tem Davis asked to see cost recovery for the animal services unit.

3. COUNCIL
ITEMS AND COMMENTS - None

4. ADJOURNMENT – Time: 6:36 p.m.

The above agenda was posted at the Tracy City Hall on January 12, 2023. The above are action minutes. A recording is available at the office of the City Clerk. ____________________________
Mayor

ATTEST:
___________________________
Cit
y Clerk

TRACY CITY COUNCIL REGULAR MEETING MINUTES
January 17, 2023, 7:00 p.m.

City Hall, 333 Civic Center Plaza, Tracy Web Site: www.cityoftracy.org Mayor
Pro Tem Davis called the meeting to order at 7:00 p.m.

Scout
Troop and Pack 525 led the Pledge of Allegiance.

Tim
Heinrich, Crossroads Baptist Church provided the invocation.

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

Mayor
Pro Tem Davis presented Certificates of Appointment to incoming Youth Advisory Commissioners.

1. CONSE
NT CALENDAR – Following the removal of Consent Item 1.A by Adrianne Richardson, City Clerk and 1.E by Council Member Evans motion was made by Council Member Bedolla and seconded by Council Member Arriola to adopt the Consent Calendar. Roll call found all in favor; passed and so ordered. Council Member Evans recused himself from voting on Item 1.G.

Ari
al Harris asked for clarification whether Council Member Evans pulled Item 1.G from the Consent Calendar or recused himself from Item 1.G. Adrianne Richardson, City Clerk confirmed Council Member Evans recused himself from Item 1.G.

1.B Waive second reading of full text and 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. – Ordinance 1335 was adopted.

1.C City Council adopt a resolution 1) approving the AB1600: Development Impact Fee Annual Report & Five-Year Report for Fiscal Year 21-22 regarding Development Impact Fee revenues and expenditures, and 2) making findings regarding unexpended funds in accordance with the Mitigation Fee Act.– Resolution 2023-002 approved the AB1600: Development Impact Fee Annual Regular Meeting Minutes 2 January 17, 2023

Report & Five-Year Report for Fiscal Year 21-22 and made findings regarding unexpended funds.

1.D C ity Council: (1) accept the demolition work of the structure at 2399 E. Grant Line Road, Tracy, California, a non-CIP project, which was completed by CVE Contracting Group, Inc. dba Central Valley Environmental, of Fresno, California; (2) authorize the City Clerk to File the Notice of Completion with the San Joaquin County Recorder’s Office; (3) authorize the City Engineer to release the bonds and retention payment; and (4) authorize the Finance Department to close the project. - Resolution 2023-003 accepted the demolition work completed by CVE Contracting Group, Inc. dba Central Valley Environment.

1.F C ity Council: 1) adopt a resolution approving a Quitclaim Deed for the conveyance of a twenty (20) foot wide temporary water line easement to Wright Family Holdings, LLC, and 2) authorize the City Clerk to sign the Quitclaim Deed.– Resolution 2023-004 approved a Quitclaim Deed for conveyance of a twenty foot wide temporary water line easement to Wright Family Holdings, LLC.

1.G C ouncil 1) approve the Final Subdivision Map and the Subdivision Improvement Agreement between City and Bright Homes, Inc, for Tract 3804 Larkspur Estates Unit 4, and 2) authorize the City Clerk to file the Subdivision Improvement Agreement with the San Joaquin County Recorder.– Resolution 2023-005 approved the Final Subdivision Map and Subdivision Improvement Agreement with Bright Homes, Inc. for Tract 3804 Larkspur Estates Unit 4. Council Member Evans recused himself from voting on the item.

1.H City Council adopt two resolutions: (1) Awarding a construction contract to TNT Industrial Contractors, Inc. for the construction of the Ammonia Storage/Feed Systems (CIP 75162 - Well Improvements) in the amount of $1,086,684 at Park & Ride Well No. 6 and Ball Park Well No. 7; and (2) Approving a Professional Services Agreement with Carollo Engineers, Inc. to provide design support services during construction of the Ammonia Storage/Feed Systems (CIP 75162 - Well Improvements) for a term of seven (7) months and a total not to exceed amount of $137,651.– Resolution 2023-006 awarded the contract to TNT Industrial Contractors, Inc. Resolution 2023-007 approved a Professional Services Agreement with Carollo Engineers.

1.I City Council adopt a resolution (1) accepting improvements for Kagehiro Phase 2, Tract 3882, constructed by Taylor Morrison of California, LLC, a California Limited Liability Company, and assume responsibility for the future maintenance and repair, and (2) authorizing the City Engineer to release performance and payment, and monumentation bonds, and (3) authorizing the City Clerk to file the Notice of Completion with the San Joaquin County Recorder’s Office. – Resolution 2023-008 accepted improvements for Kagehiro Phase 2, Tract 3882 constructed by Taylor Morrison of California, LLC.

1.J City Council adopt a resolution approving (1) a Public Right-of-W ay Dedication of Fee Interest for existing Paradise Road; (2) a grant of a Public Utility Easement adjacent to Paradise Road, and (3) authorizing the City Clerk to file the Dedication and Easement documents with the San Joaquin County Recorder.– Resolution 2023-009 approved a Public Right-of-Way Dedication of Fee Interest Regular Meeting Minutes 3 January 17, 2023
for existing Paradise Road and grant of a Public Utility Easement adjacent to Paradi
se Road.

1.K City Council 1) approve the Final Subdivision Map and Subdivision Improvement Agreement between City and Lennar Homes of California, LLC for Tract 4112 – Tracy Hills Villages 10A and 10B, and 2) authorize the City Clerk to file the Subdivision Improvement Agreement with the Office of the San Joaquin County Recorder. – Resolution 2023-010 approved the Final Subdivision Map and Subdivision Improvement Agreement with Lennar Homes of California, LLC., for Tract 4112 – Tracy Hills Villages 10A and 10B.

1.L City Council 1) approve the Final Subdivision Map and Subdivision Improvement Agreement between City and Lennar Homes of California, LLC for Tract 4114 – Tracy Hills Village 11B, and 2) authorize the City Clerk to file the Subdivision Improvement Agreement with the Office of the San Joaquin County Recorder. – Resolution 2023-011 approved the Final Subdivision Map and Subdivision Improvement Agreement with Lennar Homes of California, LLC., for Tract 4114 – Tracy Hills Village 11B.

1.M City Council approve the Interstate 580/Patterson Pass Road/International Parkway Interchange Improvement project as the City of Tracy regional transportation project for congressional appropriation requests during San Joaquin Council of Governments’ One Voice trip to Washington D.C.– Resolution 2023-012 approved the Interstate 580/Patterson Pass Road/International Parkway Interchange improvement project as the City of Tracy regional transportation project for congressional appropriation request during the San Joaquin Council of Governments’ One Voice trip to Washington D.C.

1.N City Council approve a one-year extension of the 2016-2021 Community Development Block Grant (CDBG) and HOME Program local funding priorities, previously extended on November 16, 2021 up to the fiscal year 2022-2023, for use in scoring of the fiscal year 2023-2024 CDBG and Home Program applications. - Resolution 2023-013 approved a one-year extension of the 2016- 2021 CDBG and HOME Program local funding priorities.

1.O City Council adopt a resolution: (1) accepting improvements for Tracy Hills Phase 1A/1B At Grade Water Tank and Pump Station and assuming responsibility for the future maintenance and repair; (2) authorizing the City Engineer to release performance and payment bonds; and (3) authorizing the City Clerk to file the Notice of Completion with the San Joaquin County Recorder’s Office.– Resolution 2023-014 accepted improvements for Tracy Hills Phase 1A/1B At Grade Water Tank and Pump Station and assuming responsibility for future maintenance and repair.

1.P City Council 1) approve the Subdivision Improvement Agreement for Ellis Western Park and Ellis Orchard Park between City and LS-Tracy, LLC, located within Ellis Phase 3 – Town and Country Tract 4007, and 2) authorize the City Clerk to file the agreement with the Office of the San Joaquin County Recorder. – Resolution 2023-015 approved the Subdivision Improvement Agreements for Ellis Western Park and Ellis Orchard Park with LS-Tracy, LLC., located within Ellis Phase 3 – Town and Country Tract 4007.

Regular Meeting Minutes 4 January 17, 2023

1.Q City Council adopt a resolution approving a Professional Services Agreement with Tripepi Smith and Associates, Inc. for economic development marketing and communication services for a three-year term and a total not-to-exceed amount of $106,000. – Resolution 2023-016 approved a Professional Services Agreement with Tripepi Smith and Associates, Inc.

1.A Adoption of December 13, 2022, Special Meeting Minutes, December 21, 2022 Closed Session Minutes, December 21, 2022 Special Meeting Minutes and January 9, 2023 Special Meeting Minutes
Adri
anne Richardson, City Clerk pulled the item to request Council adopt the minutes minus the December 21, 2022, special meeting minutes due to those minutes being incomplete. The December 21, 2022, special meeting minutes will be brought back to Council for adoption on the February 7, 2023, agenda.

There was
no public comment.

There wer
e no Council comments.

ACTI
ON: Motion was made by Council Member Arriola and seconded by Council Member Bedolla to adopt Consent Item 1.A. Roll call found all in favor; passed and so ordered.

1.E City Council: (1) accept the demolition work of the structure at 714 N. Central Avenue, Tracy, California, a non-CIP project, which was completed by Unlimited Environmental, Inc., of Long Beach, California; (2) authorize the City Clerk to File the Notice of Completion with the San Joaquin County Recorders Office; (3) authorize the City Engineer to release the bonds and retention payment; and (4) authorize the Finance Department to close the project.

Counci
l Member Evans pulled the item to ask about the approved change orders.

Ten percent is not a lot but for a demo project it is a lot and asked what the reason for the change order cost was.

Koosun
Kim, Interim City Engineer responded to the question. Mr. Kim also stated he would provide more information to Council Members.

Robert
Tanner stated it was the Great Plate that was torn down; project cost was $82,000 but with change orders was $106,000 plus and asked what the owners of the property will be charged and when will the City collect the fees.

Kari
n Schnaider, Assistant City Manager and Bijal Patel, City Attorney responded to the questions.

ACTI
ON: Motion was made by Council Member Arriola and seconded by Council Member Bedolla to adopt Resolution 2023-017 1) Accepting the demolition work of the structure at 714 N. Central Avenue, Tracy, California, a non-CIP project, which was completed by Unlimited Environmental, Inc. of Long Beach, California; 2) Authorizing the City Clerk to file the Notice of Completion with the San Joaquin County Recorders Office; 3) Authorizing the City Engineer to release the bonds Regular Meeting Minutes 5 January 17, 2023
and retention payment; and 4) Authorizing the Finance Department to close the projec
t. Roll call found all in favor; passed and so ordered.

Mic
hael Rogers, City Manager announced Item 3.E will be pulled from the agenda. Due to some inconsistent language which needed to be corrected and staff will bring back the item at the next meeting.

2. ITEM
S FROM THE AUDIENCE – Karen Moore thanked Council for moving fast and creating a warming center.

Dott
y Nygard encouraged Council to create an Environmental Sustainability Action Plan Ad Hoc committee to guide the development, implementation, communication, and future community engagement to meet the environmental regulatory needs of our community.

Ms. Nygard stated Tracy Earth Project is proud to partner with the City in April for Tracy Earth Day to educate the public to address our climate change crisis. The event is on April 29 from 9:00 a.m.-3:00 p.m.

Ms.

Wood spoke in favor of an Environmental Sustainability Action Committee, urged Council to move to create a committee tonight or on the next agenda and spoke about benefits the committee would bring to the City.

Dustin
Smith-Salinas stated he lives at the corner of Reddington at Belconte in Tracy.

New Years Eve was hit by rainstorm and the channel way behind their house overflowed causing multiple cars to be stuck in the road and ultimately the road was closed. Mr.

Smith-Salinas felt the flooding in the neighborhood could have been prevented if channel ways were properly maintained and asked Council to evaluate channel ways, upkeep schedules, create an updated maintenance plan, and present at a Council meeting sometime this year and ensure maintenance is proactive and not reactive.

Wil
liam Muetzenberg spoke on behalf of Public Health Advocates (PHA), shared information on PHA and asked Council to bring forward the creation of an Environmental Accountability Committee for discussion.

Ali
ce English congratulated the following 2022 nomination and elected officials: Council Member Evans, Mayor Pro Tem Davis for her nomination to Mayor Pro Tem, Ron Freitas as District Attorney, Assembly Member Villapudua, and Robert Rickman as Chair on the Board of Supervisors. Ms. English also congratulated Fire Chief Bradley and Robert Rickman for working together during the storm and shared her appreciation for first responders. Has confidence this Council will get the needs of the City done.

Ram Kedl
aya echoed what other citizens talked about regarding an Environmental Sustainability Committee. Ram spoke about the effects of composting and shared examples of what can and cannot be composted and suggested using the website:
whatbin.com.

Counci
l Member Arriola asked staff when the Environmental Committee item will be coming to Council.

Kari
n Schnaider, Assistant City Manager responded two additional committee requests will be brought back with the Environmental Committee on March 7 for Council consideration.

Regular Meeting Minutes 6 January 17, 2023

3. REGUL

AR AGENDA

3.A Approve by motion, after discussion, out-of-state travel for designated City Council Members to 1) Washington, D.C. for the following conference and lobbying trips: 2023 National League of Cities Congressional City Conference, a Federal Lobby Trip by the City of Tracy, and the San Joaquin Council of Governments Lobby Trip Known As The One Voice®; and 2) Dallas, Texas for the 2023 Public-Private Partnership Conference and Expo.

Kari
n Schnaider, Assistant City Manager provided the staff report.

There was
no public comment.

Counci
l comments and questions followed.

ACTI
ON: Motion was made by Council Member Bedolla and seconded by Council Member Arriola to approve out-of-state travel for designated City Council Members to 1) Washington, D.C. for the following conference and lobbying trips: 2023 National League of Cities Congressional City Conference, a Federal Lobby Trip by the City of Tracy, and the San Joaquin Council of Governments Lobby Trip known as The One Voice®, and 2) Dallas, Texas for the 2023 Public-Private Partnership Conference and Expo.

Mayor
Young requested to attend the National League of Cities in March and the Annual African American Mayor’s Association Conference will be just prior to the lobbying trip in April and asked to leave a few days earlier to be able to attend that as well.

Counci
l Member Bedolla made a friendly amendment to include the National League of Cities trip and the Annual African American Mayor’s Association Conference. Council Member Arriola seconded the friendly amendment to the motion. Roll call found all in favor; passed and so ordered.

Bij
al Patel, City Attorney asked if the Mayor included a conference that was not on the agenda because that cannot be included in the friendly amendment. Ms.

Patel asked for clarification if Mayor Young’s request was for all Council to attend or just for the Mayor and confirmed a request to bring back the item can be made under Council items.

ACTI
ON: Motion was made by Council Member Bedolla and seconded by Council Member Arriola to approve out-of-state travel for all City Council Members to 1) Washington, D.C. for the following conference and lobbying trips: 2023 National League of Cities Congressional City Conference, a Federal Lobby Trip by the City of Tracy, and the San Joaquin Council of Governments Lobby Trip known as The One Voice®, and 2) Dallas, Texas for the 2023 Public-Private Partnership Conference and Expo. Roll call found all in favor; passed and so ordered.

3.B City Council appoint, by motion, Lori Souza and Scott Arbogast to serve the remainder of two (2) vacated terms beginning January 18, 2023 and ending Regular Meeting Minutes 7 January 17, 2023
January 31, 2024 to the City of Tracy Parks and Community Services Commission.

Adri
anne Richardson, City Clerk provided the staff report.

Mayor
Young and Mayor Pro Tem Davis spoke about their recommendation.

There was
no public comment.

ACTI
ON: Motion was made by Council Member Arriola and seconded by Mayor Young to appoint Lori Souza and Scott Arbogast to serve the remainder of two (2) vacated terms beginning January 18, 2023 and ending January 31, 2024 to the City of Tracy Parks and Community Services Commission. Roll call found all in favor; passed and so ordered.

3.C City Council appoint, by motion, a subcommittee of two Council Members, and an alternate, to interview applicants to fill three-term expirations on the Building Board of Appeals.

Adri
anne Richardson, City Clerk provided the staff report.

Counci
l questions and comments followed.

ACTI
ON: Motion was made by Council Member Bedolla and seconded by Council Member Arriola to appoint Council Member Bedolla and Council Member Evans to the subcommittee and Council Member Arriola to serve as alternate to interview applicants to fill three term expirations on the Building Board of Appeals. Roll call found all in favor; passed and so ordered.

3.D City Council appoint, by motion, a subcommittee of two Council Members, and an alternate, to interview applicants to fill two-term expirations on the Measure V Residents’ Oversight Committee.

Adri
anne Richardson, City Clerk provided the staff report.

Counci
l questions and comments followed.

ACTI
ON: Motion was made by Council Member Bedolla and seconded by Council Member Arriola to appoint Council Member Evans and Mayor Pro Tem Davis to the subcommittee and Council Member Bedolla to serve as alternate to interview applicants to fill two term expirations on the Measure V Residents’ Oversight Committee. Roll call found all in favor; passed and so ordered.

3.E City Council approve a resolution to extend for one-year the term of the City Council Ad-Hoc Fiscal Sustainability Subcommittee. – ITEM PULLED FROM AGENDA Regular Meeting Minutes 8 January 17, 2023

3.F City Council review and determine appointments to Council committees and other committees, boards and commissions.

Adrianne Richardson, City Clerk provided the staff report.

Council questions followed.

Karen Moore asked to appoint a Council Member in addition to staff to the Solid Waste Management Advisory Commission.

Pat Howell requested Council Member Arriola remain on the East Bay Community Energy Committee and the City/School Liaison Committee.

Dotty Nygard recommended keeping committee members on committees where they are already serving to continue their hard work they have already initiated, and recommended Council Member Arriola stay on East Bay Community Energy and the City/School Liaison Committee.

Alice English shared her reasons for recommending the Council Members to various following committees: EBCE - Council Member Arriola, South San Joaquin County Fire Authority - Mayor Pro Tem Davis and Council Evans, Homeless Advisory Committee – Mayor Pro Tem Davis, Tri Valley Rail Authority – Council Member Bedolla and Mayor Pro Tem Davis as alternate.

Council questions and comments followed.

Bijal Patel, City Attorney responded to Mayor Pro Tem Davis’s question regarding information related to the validity of Valley Link being a Mayoral appointment stating she has been in communication with the outside Counsel for Valley Link and also got a copy of the By-laws as well as the State Enabling Legislation. For clarity the legislation notes the member agencies would have appointments to the Valley Link Board and it says that those directors are to be appointed by the Governing Board/Mayor or Supervisor of each entity. That language is flexibly noting these are all differently formed entities and is recognizing the entities may have their own processes. Section 2.4 of the Council Code of Conduct governs how this Council body appoints its members to the different committees whether they are Council formed advisory boards/commissions or committee or third-party committees and they need to be approved by a majority of the Council.

Council Member Arriola asked if our protocols are in contrast with State Law would not the State Law be the fulfilling agency by which we would have to comply.

Ms. Patel referred to the State Enabling Legislation, it’s not dictating how the local entity appoints, it is indicating they can be appointed in one of those three forms by the Mayor, Supervisor or governing board. These are all special districts which had its own set of enabling legislation and other special districts and enabling means it’s the actual legislation that was adopted by the State Legislature when those special districts were formed. Ms. Patel explained she reached out to outside Valley Link Counsel who indicated that this is the Regular Meeting Minutes 9 January 17, 2023
language, but suggested the City have clarity in any resolution adopted by this Counci
l as to who is the appointed member by this Council as well as the alternate. It is not inconsistent with the State Enabling Legislation for Valley Link Board.

Counci
l comments continued.

ACTI
ON: Motion was made by Council Member Bedolla and seconded by Council Member Evans to appoint Mayor Pro Tem Davis and Council Member Bedolla to the Tracy Homelessness Advisory Committee and appoint Council Member Bedolla as the representative and Council Member Arriola as the alternate to East Bay Community Energy (EBCE) and Council Member Bedolla as representative and Mayor Pro Tem Davis as alternate to Tri-Valley-San Joaquin Valley Regional Rail Authority (Valley Link).

Counci
l discussion continued.

Mayor
Young made a substitute motion to approve the slate as presented with fill ins that have already been done and then fill in section by section with the vacancies. There was no second for the motion.

ACTI
ON: Council Member Arriola made a separate substitute motion to appoint Council Member Arriola to EBCE and Council Member Bedolla as alternate. Mayor Young seconded the motion. Roll call found Council Member Arriola and Mayor Young in favor. Council Members Bedolla, Evans and Mayor Pro Tem Davis opposed. Motion failed.

Counci
l comments continued.

ACTI
ON: Council Member Bedolla repeated the following original motion. Motion was made by Council Member Bedolla and seconded by Council Member Evans to appoint Mayor Pro Tem Davis and Council Member Bedolla to the Tracy Homelessness Advisory Committee and appoint Council Member Bedolla as representative and Council Member Arriola as the alternate to the EBCE board and Council Member Bedolla as representative and Mayor Pro Tem Davis as the alternate to Tri-Valley-San Joaquin Valley Regional Rail Authority (Valley Link).

Roll call found Council Members Bedolla, Evans and Mayor Pro Tem Davis in favor. Council Member Arriola opposed.

Mayor
Young requested to invoke suspending the item at this time.

Ms.

Patel responded there is a motion on the floor that has already started counting and needs to be finalized as the final voting did not occur.

Mayor
Young responded it can be suspended at any time.

Ms.

Patel confirmed with Mayor Young that she was referencing the Rules of Procedure and requested a pause in the meeting to research and understand the authority by which the Mayor may suspend the item.

Mayor
Pro Tem Davis called for a break at 8:36 p.m.

Regular Meeting Minutes 10 January 17, 2023

Mayor Pro Tem Davis reconvened the meeting at 8:42 p.m.

Ms. Patel confirmed that Mayor Young can make a motion to table any item however there is a timing requirement. The voting process for the motion on the floor has to be completed. After the voting has been completed a motion can be made and could be heard if there is a second to the motion. The current motion cannot be stopped because the voting has already started and needs to be finished in terms of voting.

Mayor Young asked Council to reconsider and bring back the item in its entirety and bring it all back together as it should be.

Ms. Patel reiterated the motion has already been approved and there is the majority vote, but it needs for formality to finish the full roll call vote and then that motion gets passed and in order to change the occurrence you have to do a motion for reconsideration.

Mayor Young disagreed with the City Attorney and felt Council has the ability to stop it now and bring back the whole item in its entirety because if there is something found legally unstable it would have to come back.

Ms. Patel confirmed Council Member Bedolla’s question regarding the only way a motion to reconsider can be brought up is if the person making the motion is in the affirmative. Mayor Young would have to vote in the affirmative right now to then pursue a course of motion to reconsider.

Ms. Patel clarified the motion made by Council Member Bedolla is being voted on and needs to be completed. After the conclusion of that roll call vote a motion can be made to table the remainder of the item. That motion like any other motion will require a second and under Rosenberg’s Rules that motion to table is just a majority vote not a super majority vote. A motion for reconsideration can only be made by someone who voted for the original motion in the affirmative.

Mayor Young stated she would vote in the affirmative so that she can bring it back for reconsideration. Mayor Young moved that and asked to table the entire item until the next Council meeting when Council can get answers and the correct procedure for this.

Mayor Pro Tem Davis asked Mayor Young if her vote was in the affirmative in support of Council Member Bedolla’s slate.

Mayor Young confirmed it is in the affirmative so she can technically bring it back.

Ms. Patel stated in order to make this current motion undone a motion needs to be made for reconsideration. That motion for reconsideration needs to be done before the conclusion of this meeting. Ms. Patel believed that separately Mayor Young wished to table the consideration of the remainder of the items and that is definitely a motion that can be made and a second is needed along with a vote.

Regular Meeting Minutes 11 January 17, 2023
ACTION: Mayor Young made a motion to table the item and bring it back at the next Council meeting. There was no second to the motion.

Counci
l continued on with reviewing the appointments to the Council Committees/Boards/Commissions/Agencies.

City/Chamber Liaison Committee
Motion was made by Council Member Bedolla and seconded by Council Member Evans to appoint Council Member Arriola to the City/Chamber Liaison Committee and Council Member Bedolla as alternate. Roll call found all in favor; passed and so ordered.

City/School Liaison Committee
ACTION: Motion was made by Council Member Evans and seconded by Council Member Bedolla to appoint Council Member Evans and Mayor Young to the City/School Liaison Committee. Roll call found Council Member Bedolla, Evans, Mayor Pro Tem Davis and Mayor Young in favor. Council Member Arriola opposed.

Mayor
Young requested a friendly amendment to the motion to include Council Member Arriola as the alternate. Council Member Evans and Council Member Bedolla supported the friendly amendment. Roll call vote found Council Members Bedolla, Evans, Mayor Pro Tem Davis and Mayor Young in favor; passed and so ordered. Council Member Arriola opposed.

Mayor
Young motioned to reconsider the previous motion to appoint Council Member Evans and Council Member Arriola to the City/School Liaison Committee and Mayor Young as alternate. Council Member Arriola seconded the motion. Roll call found all in favor; passed and so ordered.

South San Joaquin County Fire Authority
ACTION: Motion was made by Council Member Bedolla and seconded by Council Member Evans to appoint Council Member Evans and Mayor Pro Tem Davis to the South San Joaquin County Fire Authority and Council Member Bedolla as the alternate.

Mayor
Young made a substitute motion to appoint Mayor Pro Tem Davis and Mayor Young to serve on the board and Council Member Bedolla as alternate.

Roll call vote found Council Member Arriola and Mayor Young in favor. Council Members Bedolla, Evans and Mayor Pro Tem Davis opposed. Motion failed.

Roll
call for the original motion for appointment to South San Joaquin County Fire Authority found Council Members Arriola, Bedolla, Evans, Mayor Pro Tem Davis in favor; passed and so ordered. Mayor Young opposed.

Investment Review Committee
ACTION: Motion was made by Mayor Young and seconded by Council Member Evans to appoint Council Member Bedolla and Council Member Evans to serve on the Investment Review Committee. Roll call found all in favor; passed and so ordered.

Regular Meeting Minutes 12 January 17, 2023
Solid Waste Management Plan Advisory Task Force
ACTION: Motion was made by Council Member Bedolla and seconded by Council Member Arriola to appoint Council Member Arriola to serve on the Solid Waste Management Plan Advisory Task Force and Council Member Bedolla as alternate. Roll call found all in favor; passed and so ordered.

League of California Cities Central Valley Division Executive Committee ACTION: Motion was made by Council Member Evans and seconded by Council Member Bedolla to appoint Mayor Pro Tem Davis and Council Member Evans as alternate to the League of California Cities Central Valley Division Executive Committee. Roll call found all in favor; passed and so ordered.

San Joaquin Partnership
ACTION: Motion was made by Council Member Arriola and seconded by Council Member Bedolla to appoint Mayor Young to serve on the San Joaquin Partnership and Council Member Arriola as alternate. Roll call found all in favor; passed and so ordered.

San Joaquin Valley Pollution Control District Special City Selection Committee ACTION: Motion was made by Council Member Bedolla and seconded by Council Member Evans to appoint Council Member Bedolla to the San Joaquin Valley Air Pollution Control District.

Mayor
Pro Tem Davis asked about an alternate and Council Member Evans volunteered to serve as alternate. Council Member Bedolla and Council Member Evans accepted the friendly amendment. Roll call found all in favor; passed and so ordered.

Tracy Chamber Governmental Affairs Committee
ACTION: Motion was made by Council Member Bedolla and seconded by Council Member Evans to appoint Mayor Pro Tem Davis to the Tracy Chamber Governmental Affairs Committee and Council Member Bedolla to serve as alternate.

Counci
l Member Bedolla made a friendly amendment to the motion to include the City Manager or designee as a City representative. Council Member Evans seconded the friendly amendment. Roll call found all in favor; passed and so ordered.

Altamont Regional Traffic Authority (ARTA) JPA
The Mayor of the City of Tracy is appointed by the legislation for ARTA.

City Selection Committee
The Mayor of the City of Tracy is appointed by the legislation for the City Selection Committee.

San Joaquin Council of Governments
ACTION: Motion was made by Mayor Young and seconded by Council Member Bedolla to appoint Mayor Young to serve on the San Joaquin Council of Governments and Mayor Pro Tem Davis as alternate. Roll call found all in favor; passed and so ordered.

Regular Meeting Minutes 13 January 17, 2023

San Joaquin County Water Advisory Commission
ACTION: Motion was made by Mayor Young and seconded by Council Member Bedolla to appoint Council Member Bedolla to serve on the San Joaquin County Water Advisory Commission along with staff. Roll call found all in favor; passed and so ordered.

San Joaquin Regional Rail Commission
Appointed by SJCOG and the Mayor is in that seat.

Mayor Pro Tem Davis confirmed that the appointments to the Ad Hoc Fiscal Sustainability Subcommittee will not be done at this time.

Mayor Young announced there was a public comment received via email from Margo Praus in support of an Environmental Committee.

4. ITEMS FROM THE AUDIENCE – Alice English apologized to staff for leaving out Public Works acknowledging their hard work through the storms, added she saw that MacArthur Blvd is closed in the County due to a road cave in and asked if the City is working with the County.

5. STAFF ITEMS – Michael Rogers, City Manager thanked staff at City of Tracy and South San Joaquin County Fire Authority for all their hard work throughout the storm. Mr.

Rogers provided the following updates:

• Tracy Material Recovery Facility – roads are impacted, and the garbage trucks cannot drop off the waste so they are going to Manteca. Waste pickup is continuing to happen. There may be some delays however they will pick up each day. We are trying to make sure to give as much support to the County as possible as there are a lot of roads impacted throughout the county.

• For those looking for road closures and things of that nature, go to SJReady.org and it is important for residents who have suffered private property damage to report to the County at SJReady.org as well. The information is also on the City website.

Bijal Patel, City Attorney shared that she recently travelled to India and visited a village in her home state and there is a charitable foundation that does tremendous work that started in the late 70’s by a women who wanted to provide better access to health care and education to the indigenous people in that area. Ms. Patel met the Chairman of Board of that massive facility, who has large donors in Tracy and visits Tracy twice a year. In the middle of this village that has limited infrastructure the City of Tracy is known.

6. COUNCIL ITEMS – Council Member Evans thanked first responders, there is a lot going on with this storm event and those that are affected, his heart and prayers are with you.

Has been reading reports from Tracy Press and South San Joaquin County Fire Authority who have been keeping us on top of what is going on. Tracy River Club, Kasson Road was closed, was a potential evacuation. Lot of boots on ground doing great work.

Thank you and be safe.

Regular Meeting Minutes 14 January 17, 2023
Council Member Arriola thanked our first responders, been incredible work. Continue to be safe
and continue to look for alerts.

Counci
l Member Bedolla stated there is a website called whatbin.com that gives information about what can be put in what bin, and asked staff to look into this if it fits within their operational procedures and to see if worth sharing with residents.

Counci
l Member Bedolla asked for support for the request by Mayor Young to attend the Mayor’s African American Association conference from April 19 – 21, 2023. Mayor Pro Tem Davis supported the request.

Counci
l Member Bedolla thanked all public servants for the warming center that was put up in a short amount of time during the new year and the response to the flash rains experienced in the new year also. Council Member Bedolla provided an update on Valley Link and the Cal Cities Transportation Communication and Public Works Policy Committee. Council Member Bedolla thanked Mayor Young for her advocacy in Washington D.C. she is doing on behalf of the City and Mayor Pro Tem Davis for filling in for Mayor Young today. Council Member Bedolla thanked everyone for coming out today and tuning in and urged all as a Council that it is important to understand our basic Rosenberg Rules of Orders. As a Council we are elected and trusted by citizens, and it is great to have the passion and energy, but it is a disservice and disrespectful to people when actions by Council Members are called in an attempt to sink the ship especially when that charge is a blatant misunderstanding of how City appointments work. Always in favor of full transparency and expeditious process and that requires our Council to work together. As we have seen today, it was not pretty but this is democracy in action.

Mayor
Young thanked Mayor Pro Tem Davis for running the meeting. Mayor Young asked for clarification of when Agenda Item 3.E will be coming back.

Kari
n Schnaider, Assistant City Manager responded the ad hoc is coming back on the next agenda and the environmental, DEI and one on governmental accountability are the three she is working on for March 7.

Mayor
Young announced February 1 is the first day of Black History Month and at 10:00 am that day the flag will be raised and there will be a special ceremony honoring the very first African American Council Member which is Evelyn Tolbert and will be inside the lobby.

Mayor
Pro Tem Davis expressed gratitude to first responders, OES team, Public Works, and staff. Mayor Pro Tem Davis mentioned the Black Student Union pancake breakfast was outstanding and congratulated them on the event. Council Member Arriola was also in attendance. Thanked staff for getting the homeless warming center up for unhoused members of our community.

Mayor
Pro Tem Davis asked again about Prologis road improvements and when they are going to be done and also Corral Hollow widening. Have asked four times and would like an update sooner than later. The weather is getting worse and people are driving and we need to get our roads done. Council Member Bedolla supported the request.

Mayor
Pro Tem Davis thanked Mayor Young for trusting her with the responsibility and thanked the community for coming out and bearing with her during this time.

Regular Meeting Minutes 15 January 17, 2023

7. ADJOURNMENT – Time: 9:49 p.m.

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

The above agenda was posted at the Tracy City Hall on January 12, 2023. The above are action minutes. A recording is available at the office of the City Clerk.

____________________________
Mayor

ATTEST:

__________________________
City Clerk

TRACY CITY COUNCIL - SPECIAL MEETING MINUTES
January 30, 2023, 5:00 p.m.

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

1. Mayor
Young called the meeting to order at 5:01 p.m.

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

3. ITEM
S FROM THE AUDIENCE – None

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

OF CALIFORNIA THIRD APPELLATE DISTRICT

4.B C
onference with Legal Counsel — Existing Litigation (Gov. Code § 54956. 9(d)(1))
Rosebrook 58, LLC v City of Tracy, et al. San Joaquin County Superior Court, Case STK-CV-UST-2022-10145 - Item not discussed and will be moved to a later date.

Mayor
Pro Tem Davis stated she will be recusing herself from Item 4.A until she has formal advice from the FPPC.

There was
no public comment.

ACTI
ON: Motion was made by Council Member Arriola and seconded by Mayor Pro Tem Davis to recess to closed session. Roll call found all in favor; passed and so ordered. Time: 5:04 p.m.

5. Reconv
ened to Open Session – Time: 6:32 p.m. Mayor Young announced item 4.B was not discussed and will be heard at a later date.

6. Report
of Final Action – None.

7. Council Items and Comments – Council Member Bedolla reported on meeting held as the Latino Caucus’s representative for Cal Cities on the Transportation and Communication and Public Works Committee and spoke about the adoption of the 2023 workplan. Council Member Bedolla shared related to two items published by Tracy Press: 1) The vote for the Mayor Pro Tem position and votes for the Council Committee position. The reporting was not in line with the Council minutes. In this case the Mayor Pro Tem nomination was characterized as something that he made without regard.

Council Member Bedolla stated he would save further comments for later.

Special Meeting Minutes 2 January 30, 2023

8. Adjour
nment – Time: 6:35 p.m.

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

The above agenda
was posted at the Tracy City Hall on January 26, 2023. The above are action minutes. A recording is available at the office of the City Clerk. ____________________________
Mayor

ATTEST:
___________________________
Cit
y Clerk

TRACY CITY COUNCIL - SPECIAL MEETING MINUTES

January 30, 2023, 6:00 p.m.

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

Mayor Pro Tem Davis called the meeting to order at 6:35 p.m.

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

1. ITEMS FROM THE AUDIENCE – Karen Moore stated in the past during an agenda item there will be discussion from Council then the public and then a motion, second and vote. Last meetings Council voted differently. Ms. Moore added it is becoming less transparent and asked to go back to the way Council previously voted.

Gabriela Machucca, owner of Johnny’s Diner stated she spoke at the October 18, 2022 Council meeting and requested amending the mobile food ordinance. Ms. Machucca stated she now only has a food trailer and needs to seek special approval from Development Services to see if they will approve the land use to existing operating restaurants to serve as her commissary per the Health Department and Development Services. Ms. Machucca shared her experience with Development Services and facing red tape regarding land use and added it needs to stop, it is harassment and hoped Council could help address some of the problems she is having.

Council Member Bedolla requested to move Council items before the regular items as he had to leave early due to a prior commitment. Council Member Bedolla made a motion to amend his prior motion of the acceptance of 16 acres of land based on the Offer of Dedication be moved from February 7, 2023 to a meeting before the next case management conference on April 12, 2023. Council Member Evans supported the request. Council Member Bedolla shared he coaches a basketball team.

2. DISCUSSION ITEMS

2.A Adopt a Resolution Authorizing: 1) The Display of the Pan-A frican Flag in honor of Black History Month on the City Flagpole Located Outside of City Hall, for the Month of February, Each Year; 2) Use of City Resources to Conduct A One- Time Flag Ceremony on February 1, 2023; and 3) Waiver of the Requirement Set Forth in Section 2.3.1 of the City of Tracy Flag Policy that Requests be Made by May 1st of Each Year, as related to the Foregoing Actions

Midori Lichtwardt, Assistant City Attorney provided the staff report.

Bobby Bivens represents NAACP of Stockton, showed the Pan African flag and explained what the colors represent and shared the importance of recognizing the work African American people have done, and the value and benefits brought to America. Asked Council to fly the flag during Black History Month starting February 1.

Ameni Alexander urged support of a waiver for this resolution stating it is important to bring the City together. If Council leaves off this flag it will be a disservice and urged Council to look at the Pan African flag, it should be represented.

Special Meeting Minutes 2 January 30, 2023
June Yas
emsky shared her support for raising the Pan African flag in recognition of Black History Month and provided some history on Black History Month.

Melv
in Lagasca stated the Pan African flag symbolizes more than Black History Month. Ever since the Civil War black Americans have served in every branch of the military service in all levels, symbolism of American history.

Ric
hard Voss stated he was born and raised in a racist segregated town in California, did not become racist. Mr. Voss shared he met his African American wife, began to study black history in America and discovered how privileged he is. Mr. Voss spoke to other white people to spread the word of equality. The flag is a symbol and supported raising of the flag.

Yolande
Barial Knight, TAAA, Democratic Club and NAACP asked Council to approve the resolution authorizing the display of the Pan African flag for the month of February annually, use of City resources for ceremony to honor Evelyn Tolbert and a waiver for the annual May request to the flag policy and a one time event scheduled on Wednesday, February 1, 2023. Ms. Knight shared her concerns regarding the display of the flag annually for Black History Month not being adopted by resolution previously and stated we all represent your constituents and asked Council for support of the amendment.

Karen M
oore stated she was in support of rectifying the resolution and do fly the flag.

Gurt
ej Atwal stated he supported and urged Council’s support of the Pan African flag in honor of Black History Month and for the month of February each year.

Including the Pan African flag will solidify our city’s vision towards inclusiveness and take the opportunity to embrace and honor diversity.

Vic
tor Silva stands for unity and solidarity and tomorrow is a great opportunity to celebrate the black Americans who have contributed to American history. This is a time for change. Mr. Silva stated he is tired of seeing U.S. flags half-mast on Government buildings. It is time to make a positive change and join other cities to fly the Pan African flag and asked for approval of an amendment to allow the display.

Lisa
Roth supported the flag raising and spoke about solidarity and appreciation for African American history as well as the respect and courtesy and also the celebration of first African Americans elected and Police Chief in Tracy. This should be an easy vote for Council to support because it is the right thing to do.

Kevi
n James, Pastor of New Creation Bible Fellowship stated since 2007 it has been our City’s focus to affirm all people who strive for inclusion. Mr. James spoke about Black History Month, and about a previous meeting when flags were approved and this flag was not. Council has an opportunity to get it right.

Appealed to Council to do the right thing.

Veroni
ca Vargas hoped the error can be corrected and stated let’s bring the community together, do the right thing and bring all the minorities that we have, the challenges and opportunity to show case the trail blazing people that we have in Tracy, and celebrate the diversity of our town. Ms. Vargas has hope and faith Council will do the right thing.

Special Meeting Minutes 3 January 30, 2023

Luana Johnson Bivens, President the oldest African American Sorority which represents educated black women urged celebration and inclusion of Black History Month because it is important that we celebrate Black History Month which provides an opportunity to gain a deeper understanding of our history. Ms.

Bivens shared she was proud Evelyn Tolbert will be celebrated and urged Council to vote to include the raising of the Pan African flag this year and every year.

Chris Cannon stated he was in full support of the flag being raised, it does not have fiscal impact so there is no cost. The City wants to be inclusive and not exclusive.

Gwendolyn White, TAAA President stated she was raised in Columbus, Ohio in a segregated neighborhood and did not even know it and learned because of history that she was in a segregated community. Children here need to know about the Pan African flag, that they did what was necessary to get this country going. This goes further than Tracy and there is more to be done. Ms. White stated for the sake of solidarity fly the flag.

Elizabeth Baker, Chapter President of a Sorority stated the symbol of the flag is an opportunity for the City of Tracy to tell children that your race matters. The ceremony on February 1
st recognizes affluent or prominent African Americans in Tracy, but let’s do better than those that are trying to suppress us and fly the flag and have a sense of pride and stand together.

Ron Tait, African American President for Chamber of Commerce in Stockton stated the City of Tracy is a gateway city and culturally is a melting pot and has the opportunity as the flag is raised to create a standard and a narrative for different cultures that don’t understand.

Mr. Bivens shared his concerns regarding the City Attorney not being at the dais during the public comment.

ACTION: Motion was made by Council Member Bedolla and seconded by Mayor Pro Tem Davis to adopt a Resolution 2023-018 authorizing: 1) The display of the Pan- African Flag in honor of Black History Month on the City flagpole located outside of City Hall, for the month of February, each year; 2) Use of City resources to conduct a one-time flag ceremony on February 1, 2023; and 3) Waiver of the requirement set forth in Section 2.3.1 of the City of Tracy Flag Policy that requests be made by May 1
st of each year, as related to the foregoing actions.

Council comments followed.

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

Mayor Young announced there was an email received from Victor Silva regarding the item. Mr. Silva also spoke virtually.

Council Member Bedolla left at 7:38 p.m.

3. COUNCIL ITEMS AND COMMENTS – Council Member Evans stated last Friday he and Mayor Pro Tem Davis visited the temporary homeless shelter and came back with a list of bulletized items. There are eight new portable shelters on site that have been there for a number of weeks. Each have four bedrooms so potentially 42 rooms available.

Also, the day before went to El Pescadero Park and counted approximately 30 tents so Special Meeting Minutes 4 January 30, 2023
about the right number of rooms to get that park cleaned up. Council Member Evans added he came back with list of items remaining to get those units open and houseable and drafted a letter to the City Manager and is hopeful those items are being worked on along with the request that City Council receives an ongoing report every week of all the critical items to get those units into shape so they can be used as housing. Council Member Evans stated he was lucky to be there when the gas generators were being fueled, burning approximately 150 gallons a day of diesel so there is approximately 500 gallons of diesel on site at any given time which is a big environmental risk on site, and he is concerned. There is a possibility of getting electricity out there and the City Manager is in receipt of a company that he knows that can get temporary power on site in an expedited fashion. Looking forward to a staff report on getting those items checked off so we can get the unhoused housed in El Pescadero Park and get the park cleaned up for our kids and move the city forward.

Mayor Young stated she will present her updates at next meeting. Mayor Young stated in the ten years being on the Council she has never not been here in person. The last meeting was, and the next Council meeting will be run by Mayor Pro Tem Davis as she will be in Cancun for her son’s wedding. Mayor Young also wished her daughter Lydia a happy birthday next week.

4. ADJOURNMENT – Time: 7:43 p.m.

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

The above agenda
was posted at the Tracy City Hall on January 26, 2023. The above are action minutes. A recording is available at the office of the City Clerk. ____________________________
Mayor

ATTEST:
___________________________
Cit
y Clerk
February 7, 2023
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 February 8, 2023 through March 9, 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 January 17, 2023, City Council adopted Resolution 2023-001, 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 January 17, 2023 through February 15, 2023. 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
February 7, 2023

Page 2 ends

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
February 7, 2023

Page 3 ends

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 February 8, 2023, through March 9, 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
________________________
CIT
Y ATTORNEY’S OFFICE
TRAC

Y CITY COUNCIL
RES
OLUTION 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 FEBRUARY 8, 2023, THROUGH MARCH 9, 2023 PURSUANT TO THE BROWN ACT
WHER
EAS, 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 2023-

Page 2 ends

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 February 8, 2023 through March 9, 2023.

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

The foregoing Resolution 2023-_____ was adopted by the Tracy City Council on February 7, 2023 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
February 7, 2023
Agenda Item 1.C

RECOMMEN
DATION
Staff recommends that the City Council adopt a Resolution approving a General Services Agreement with Mountain Cascade, Inc. for the Wastewater Treatment Plant Filter Valve Replacement for a term of three (3) months and a not to exceed amount of $166,000.

EXECUTIVE SUMMARY
Proposed improvements under the project include the removal and installation of four (4) tertiary filter valves. The project will improve the efficiency of the tertiary treatment and the City’s ability to effectively and efficiently produce wastewater effluent to meet the City’s National Pollutant Discharge Elimination System (NPDES) Permits. This agenda item requests authorization to enter into a General Services Agreement (GSA) with Mountain Cascade Inc., selected through a Request for Proposal (RFP) process, to provide such services for a not-to-exceed amount of $166,000.

BACKGROUND AND LEGISLATIVE HISTORY
The City of Tracy wastewater treatment plant receives and treats a daily average of 10 mi
llion gallons per day (MGD) of s ewage. The sewage undergoes several different processes including one of the final processes, which is filtering through eight (8) Tertiary Filters before disinfection and discharge to the delta.

Currently, four (4) of the filter valves have valve seats that are in various stages of failure and do not com
pletely isolate the filters during backwash or when trying to isolate the filters. The ability to isolate the filters is vital in the efficient treatment and operation of the filters to meet our discharge permit requirements.

The removal and installation of four (4) new valves will improve the effectiveness and efficiency of the filters and our ability to produce final effluent that meets our NPDES permit requirements.

The scope of work for this project includes the removal and installation of large pneumatic actuators, installation and removal of stop logs to isolate each filter, installation of new stainless steel connecting hardware, and removal and replacement of four (4) new 42” owner supplied butterfly valves. This project will ensure we continue to meet the City’s wastewater discharge permits as efficiently as possible by having tertiary filter val ves that can isolate the filters for proper operation .

ANALYSIS
On October 19, 2022, a Request for Proposal was posted on the City’s website. Three (3) proposals were received on November 10, 2022, for the project. After careful review of the proposals, the City has determined that Mountain Cascade, Inc. demonstrates a high degree of relevant experience and past performance in completing projects of similar type, size, and complexity in a satisfactory manner.

FISCAL IMPACT
Funding for the agreement with Mountain Cascade in the amount of $166,000 is available in the FY 2022-23 Utilities - Wastewater mai ntenance budget.

PUBLIC OUTREACH/ INTEREST
No public outreach activity was conducted for this agenda item.

COORDINATION
No departments, agencies, and/or consultants, outside of Mountain Cascade, Inc. were consulted with, for this agenda item.

CEQA DETERMINATION
This agenda item is exempt from CEQA requirements.

STRATEGIC PLAN
This agenda item is consistent with the City’s Quality of Life Strategy and meets the goals to ensure water quality that meets state and feder al requirements.

ACTION REQUESTED OF THE CITY COUNCIL
Staff recommends that the City Council adopt a Resolution approving a General Services Agreement with Mountain Cascade, Inc. for the Wastewater Treatment Plant Filter Valve Replacement for a term of three (3) months and a not to exceed amount of $166,000.

Prepared by: Ken Merkle, Maintenance Operations Superintendent Reviewed by: James A. Jackson, Operations & Utilities Director Sara C
owell, Finance Director
Midori Lichtwardt, Assistant City Manager
Approv
ed by: Michael Rogers, City Manager
Attachments
: A – GSA Mountain Cascade Inc.

Agenda Item 1.C
February 7, 2023

Page 2 ends

Attachment A

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

TRACY CIT

Y COUNCIL
RES
OLUTION NO. _______________
APPRO

VING A GENERAL SERVICES AGREEMENT WITH MOUNTAIN
CASCADE, INC. FOR THE WASTEWATER TREATMENT PLANT FILTER VALVE REPLACEMENT FOR A TERM OF THREE (3) MONTHS AND A NOT TO EXCEED AMOUNT OF $166,000
WHERE
AS, the City of Tracy Wastewater Treatment Plant receives and treats a daily average of 10 million gallons per day (MGD) of sewage; and

WHEREAS,
the sewage undergoes several different processes including one of the final processes, which is filtering through eight (8) Tertiary Filters before disinfection and discharge to the Delta; and
WHERE
AS, on October 19, 2022, a Request for Proposals was posted on the City’s website for the removal and installation of four (4) tertiary filter valves, and three (3) proposals were received on November 10, 2022, for the project; and WHERE
AS, the City has determined that Mountain Cascade, Inc. demonstrates a high degree of relevant experience and past performance in completing projects of similar type, size, and complexity in a satisfactory manner; and

WHEREAS,
the project will improve the efficiency of the tertiary treatment and the City’s ability to effectively and efficiently produce wastewater effluent to meet the City’s National Pollutant Discharge Elimination System (NPDES) permit requirements; and now therefore be it RESO
LVED: that the City Council hereby approves a General Services Agreement with Mountain Cascade, Inc. for the Wastewater Treatment Plant Filter Valve Replacement for a term of three (3) months and a not to exceed amount of $166,000. * * * * *
* * * * * * * * *
Resolution 2023-

Page 2 ends

The foregoing Resolution 2023-_____ was adopted by the Tracy City Council on February 7, 2023, by the following vote:

AYES: COU
NCIL 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
February 7, 2023
Agenda Item 1.D

RECOMMENDA
TION
Staff recommends that the City Council adopt a resolution approving a Professional Services Agreement with CH2M HILL Engineers, Inc. to perform a high-level analysis of Tracy Wastewater Treatment Plant expansion to 16 million gallons per day for a period of three (3) months and a total not to exceed amount of $110,000.

EXECUTIVE SUMMARY
The proposed PSA will provide the City with a technical memorandum-review to help determine whether future facilities may be constructed, with relevant costs quantified, wi
thin the existing footprint of the City of Tracy Wastewater Treatment Plant (WWTP) parcel. The memorandum will include conceptual sizing and layout of alternatives, and preliminary life-cycle cost to facilitate alternatives evaluation wi th respect to capital and Operations & Maintenance (O&M) costs. This agenda item requests authorization to enter into a Professional Services Agreement (PSA) with CH2M HILL Engineers, Inc. selected through a Request for Proposal process, to provide these services for a not-to-exceed amount of $110,000.

BACKGROUND AND LEGISLATIVE HISTORY

1. Background
In 2003, the City of Trac
y prepared a Facility Plan and completed
Environmental Impact Statement (EIS) to obtain National Pollutant Discharge Elimination System (NPDES) permit from the State Regional Board to expand the WWTP capacity from 9 MGD to 16 MGD. This permitted capacity of 16 MGD is based on the available dilution water in the Old River since City’s treated effluent is sent to the Old River. As the City grows, additional treatment capacity will be needed in the future to remain in compliance with said permit.

2. Project
City wis
hes to optimize the use of existing City-owned lands and consider various options including the option to lease a part of the land for beneficial use to groups interested in developing any land available for any given fixed term.

Due to water conser
vation efforts associated with the California drought, solids in the influent loadings to the Tracy WWTP had increased more than 50 percent since the last major expansion in 2004. Therefore, addition of future mechanically intensive basins will be necessary to achieve the desired treatment capacity of 16 MGD at current and future influent loading conditions, even if there were no change in the NPDES permit requirements. Typically, NPDES permit requirements change every 5 or 10 years.

Therefore, any revi
ews of land development options around the WWTP site
need to consider the quantitative analysis of the plant lay-outs for various options, including consideration of process-intensification analyses and the relevant costs for each option.

3. Professional Services Agreement
The proposed PSA w
ill produce a technical memorandum to aid the City in
making an informed decision based on current and future needs of the WWTP.

ANALYSIS
The City of Tracy is in the process of reviewing land development options around the Wastewater Treatment Plant (WWTP) site. On November 17, 2022, City requested proposals from professi onal services firms to prepare a scope of work to conduct a high- level
planning analysis to assess expandability of current facilities and consider opportunities for implementation of process-intensification technologies. City received one (1) proposal
on November 30, 2022, from CH2M HILL, Engineers. After review of the proposal, City staff have determined CH2M HILL, Engineers demonstrated a high deg ree of relevant experience and past performance in completing projects for the City in a satisfactory manner.

FISCAL IMPACT
The analysis for the WWTP is part of WWTP Expansion Phase II Project (CIP 74107).

Sufficient funds are available in the budget to cover the cost of the Professional Services Agreement with CH2M HILL
for the not to exceed amount of $110,000.

PUBLIC OUTREACH/ INTEREST
No public outreach activity was conducted for this agenda item since the purpose of proposed study is to obt ain information.

CEQA DETERMINATION
This agenda item is exempt from CEQA requirements.

STRATEGIC PLAN
This agenda item is consistent with the City’s Quality of Life Strategy and meets the goals of ensuring water quality that meets state and federal requirements to ensure public health and safety.

ACTION REQUESTED OF THE CITY COUNCIL
Staff recommends that the City Council adopt a resolution approving a Professional Services Agreement with CH2M HILL Engineers, Inc. for high lev el analysis for Tracy Wastewater Treatment Plant expansion to 16 million gallons per day for a period of three (3) months and a total not to exceed amount of $110,000.

Prepared by: Aloke Vaid, Wastewater Operations Superintendent Reviewed by: James Jackson, Operations and Utilities Director Sara Co
well, Director of Finance
Midori Lichtwardt, Assistant City Manager
Approved
by: Michael Rogers, City Manager
Attachment: A -
Professional Services Agreement CH2M HILL, Inc.

Agenda Item 1.D
February 7, 2023

Page 2 ends

City of Tracy -- Professional Services Agreement with CH2M HILL Engineers, Inc.

CITY OF TRACY

PROFESSIONAL SERVICES AGREEMENT WITH
CH2M HILL Engineers, Inc. for High Level Analysis for Tracy Wastewater Treatment Plant Expansion to 16 mgd
This Professional Services Agreement (Agreement) is entered into between the City of Tracy, a municipal corporation (City), CH2M HILL Engineers, Inc. a Delaware Corporation (Consultant). City and Co
nsultant are referred to individually as "Pa
rty" and collectively as "Parties."
Recitals
A. City desires to retain Consultant to perform technical analysis services; and B. On November 17, 2022, the City issued a Request for Proposals (RFP) for High Level Analysis for the Tracy Wastewater Treatment Plant Expansion to 16 million gallons per day (mgd) (Project). On November 30, 2022, Consultant submitted its proposal for the Project to the City. City has determined that Consultant possesses the skills, experience and certification required to provide the services.

C. After negotiations between the City and Consultant, the Parties have reached an agreement for the performance of services in accordance with the terms set forth in this Agreement.

D. This Agreement is being executed pursuant to Resolution No. 23- __ approved by Tracy City Council on ___ , 2023.

Now therefore, the Parties mutually agree as follows:

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

2. Time of Performance. Time is of the essence in the performance of services under this Agreement and the timing requirements set forth shall be strictly adhered to unless otherwise modified in writing in accordance with this Agreement. Consultant shall begin performance, and shall complete all required services no later than the dates set forth in Exhibit "A." Any services for which times for performance are not specified in this Agreement shall be started and completed by Consultant in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the Consultant. Consultant shall submit all requests for time extensions to the City in writing no later than ten days after the start of the condition which purportedly caused the delay, and not later than the date on which performance is due. City shall grant or deny such requests at its sole discretion.

2.1 Term. The term of this Agreement shall be as shown in Exhibit A, unless terminated in accordance with Section 6. This Agreement may be extended for an additional 2 months by the City Manager following a written determination that Consultant has satisfactorily met all the requirements of this Agreement.

3. Compensation. City shall pay Consultant on a lump sum basis.

Page 1 ends

Attachment A
City of Tracy -- Professional Services Agreement with CH2M HILL Engineers, Inc.

3.1 Not to Exceed Amount. Consultant's total compensation under this Agreement shall not exceed $110,000. No work shall be performed by Consultant in excess of the total compensation amount provided in this section without the City's prior written approval.

3.2 Invoices. Consultant shall submit monthly invoice(s) to the City that describe the services performed, including times, dates, and names of persons performing the services.

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

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

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

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

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

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

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

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

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

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

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

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City of Tracy -- Professional Services Agreement with CH2M HILL Engineers, Inc.

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

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

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

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

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

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

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

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

7. Dispute Resolution. If any dispute arises between the City and Consultant that cannot be settled after engaging in good faith negotiations, City and Consultant agree to resolve the dispute in accordance with the following:
7 .1 Each Party shall designate a senior management or executive level representative to negotiate the dispute;

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

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

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

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

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

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City of Tracy -- Professional Services Agreement with CH2M HILL Engineers, Inc.

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

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

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

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

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

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

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

To City:

Operations & Utilities Director
520 N. Tracy Blvd.

Tracy, CA 95376
With a copy to:

City Attorney
333 Civic Center Plaza
Tracy, CA 95376

13. Miscellaneous.

To Consultant:

CH2M, HILL Engineers, Inc.

Vijay Kumar, P.E.
2485 Natomas Park Drive
Suite 600
Sacramento, CA 95833

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

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

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City of Tracy-- Professional Services Agreement with CH2M HILL Engineers, Inc.

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

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

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

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

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

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

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

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

13. 7 Business Entity Status. Consultant is responsible for filing all required documents and/or forms with the California Secretary of State and meeting all requirements of the Franchise Tax Board, to the extent such requirements apply to Consultant. By entering into this Agreement, Consultant represents that it is not a suspended corporation. If Consultant is a suspended corporation at the time it enters this Agreement, City may take steps to have this Agreement declared voidable.

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

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

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

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

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

13.13 Entire Agreement. This Agreement and the attached Exhibits comprise the entire integrated understanding between the Parties concerning the services to be performed. This

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City of Tracy -- Professional Services Agreement with CH2M HILL Engineers, Inc.

Agreement supersedes all prior negotiations, representations or agreements. All exhibits attached hereto are incorporated by reference herein.

14. Signatures. The individuals executing this Agreement on behalf of Consultant represent and warrant that they have the right, power, legal capacity and authority to enter into and to execute this Agreement on behalf of Consultant.
[SIGNATURES ON FOLLOWING PAGE]

Page 6 ends

Cheryl Rimas
Assistant Secretary
1/25/2023
City of Tracy -- Professional Services Agreement with CH2M HILL Engineers, Inc.

EXHIBIT A - Scope of Work
The last facility plan update in 2019 showed that influent loadings to the Tracy wastewater treatment plant (WWTP) had increased by more than 50 percent since the last major plant expansion in 2004. A recent cursory review of the data conducted for the NP DES renewal process demonstrated that BOD and SS loadings continue to show an upward trend. Therefore, the addition of future mechanically intensive basins will be necessary to achieve the desired treatment capacity of 16 mgd, at current and future influent loading conditions, and no change in the NPDES permit requirements.

Further, the CITY is in the process of reviewing land development options around the WWTP site.

Therefore, this, High Level Analysis for the Wastewater Treatment Plant Expansion to 16 mgd, shall:

1. Identify process-intensification technologies such as those using various membranes.

2. Produce conceptual treatment facilities layout for future expansion of the WWTP up to 16 MGD capacity.

3. Include capital cost estimates.

4. Ensure that the facilities layout provide adequate spacing of all facilities associated with future liquid treatment train improvements that impact or are impacted by implementation of new biological treatment processes. As such, improvements shall include but not be limited to:
-Equalization Basin
-Primary Effluent pumping
-Biological treatment process facilities, including solids treatment -Air supply system
-RAS and WAS pumping equipment and distribution boxes.
-Storm water storage strategies
The deliverables shall include:
-Preparation of a technical memorandum summarizing the conceptual sizing and layouts of the main equipment associated with at least three alternatives. -Develop a preliminary life-cycle cost to facilitate alternatives evaluation with respect to capital and long-term O&M costs.

SCHEDULE:

Notice to Proceed by City: mid-February 2022
Data from City: within One week after NTP
Draft TM - 4 weeks after receipt of Data
Final TM - 1 weeks after City comments on Draft TM

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City of Tracy-- Professional SeNices Agreement with CH2M HILL Engineers, Inc.

EXHIBIT B - Compensation
HIGH-LEVEL ANALYSIS FOR THE CITY OF TRACY WWTP TREATMENT EXPANSION 16 mod I I I Offlco staff
� M i N
� t � ·e- -�
., 1� e %
UJ
j C 'Q.
·u, '-..!? � 1u
� "iN 1i � i§ Rln Q
'8 w
�" ·n.J ..l 'ii '!!'" !J 8)Q. � WV) ,'2 "' w �
2023 Hourtv Billlna Rotoa $316 S268 $186 $165 $143 $107 $94 $11-0 001<:rlpllon
I
@: €
Talk @ Ill I!
!! jj 8.

I {! .'.I
1 Data Collection 2 8 16 26 $ 30 20 $ 160 $ 3,180
2 Data Analysis 2 24 40 40 4 110 $ 15 020 $ 760 s 15 780 3 Evaluate Troatmont Altornatlvos 8 0 40 40 24 40 4 156 $ 22450 $ 1130 s 23 580 4 Prepare Facility Layouts 2 0 32 80 18 0 18 4 152 $ 24 210 $ 1,220 $ 25 430 5 Develop Cost Comparison of Treatment Altornatlvos 4, 40 24 4 72 $ 16490 $ 2440 � 18 930 6 Conduct Operations and Maintenance Specialist
Review 4 4 24 22 24 16 4 98 $ 14 420 $ 730 $ 15150
7 ProlectAdmlnlstratlon and Accounting 2 2 12 12 12 8 4 52 $ 7 570 $ 380 $ 79 50 Subtotal 22 46 158 80 138 60 138 24 666 $ 103180 $ 68 20 t 110 000

Page 9 ends

APPROVED AS TO FORM AND LEGALITY
________________________
CITY A
TTORNEY’S OFFICE

TRACY CITY

COUNCIL
RESOL
UTION NO. _______________

APPROVI
NG A PROFESSIONAL SERVICES AGREEMENT WITH CH2M HILL
ENGINEERS, INC. FOR HIGH LEVEL ANALYSIS FOR TRACY WASTEWATER TREATMENT PLANT EXPANSION TO 16 MILLION GALLONS PER DAY FOR A PERIOD OF THREE (3) MONTHS AND A TOTAL NOT-TO-EXCEED AMOUNT OF $110,000
WHEREAS, in 2003, the City of Tracy prepared a Fac ility Plan and completed E
nvironmental Impact Statement (EIS) to obtain National Pollutant Discharge Elimination System (NPDES) permit from the State Regional Board to expand the Wastewater Treatment Plant capacity from 9 million gallons a day (mgd) to 16 m gd; and WHEREAS, this permitted capacity to 16 mgd is based on the available dilution water in the Old River since City’s treated effluent is sent to the Old River, and as the City grows, additional treatment capacity will be needed in the future; and
WHEREAS, City wishes to optimize the use of existing City -owned lands and consider various options including the option to lease a part of the land for beneficial use to groups interested in developing any land available for any given fixed term; and WHEREAS, due to water conservation efforts associated with the California drought, solids in the influent loadings to the Tracy Wastewater Treatment Plant ( WWTP) had increased more than 50 percent since the last major expansion in 2004; and WHEREAS, addition of future mechanically intensive basins will be necessary to achieve the desired treatment capacity of 16 mgd at current and future influent loading conditions, even if there were no change in the NPDES permit requirements; and WHEREAS, the City of Tracy is in the process of reviewing l and development options around the WWTP site; and
WHEREAS, on November 17, 2022, City requested proposals from professional services firms to prepare a scope of work to conduct a high-level planning analysis to assess expandability of c urrent facilities and consider opportunities for implementation of process- intensification technologies; and
WHEREAS, City
received one (1) proposal on November 30, 2022, from CH2M HILL, Engineers, and two other firms, Larry Walker Associates and West Yost Associates declined to participate, and after review of the proposal, City staff have determined CH2M HILL, Engineers demonstrated a high degree of relevant experience and past performance in completing projects for the City in a satisfactory manner; and
Resolution 2023-

Page 2 ends

WHEREAS, the proposed Professional Services Agreement will produce a technical memorandum to help City make informed decisions based on current and future needs of the WWTP; and now therefore be it
RESOLVED: that the City Council of the City of Tracy hereby approves a Professional Services Agreement (PSA) with CH2M HILL Engineers, Inc. for high level analysis for Tracy Wastewater Treatment Plant expansion to 16 million gallons per day for a term of three (3) months and a total not-to
-exceed amount of $110,000.
* * * * * * * * * * * * * *
The foregoing Resolution 2023-_____ was adopted by the Tracy City Council on February 7, 2023, 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
February 7, 2023
Agenda Item 1.E

RECOMMENDATION
Staff recommends that City Council adopt a resolution approving a Professional Services Agreement with Guidepost Solutions, LLC for the design of the Security System Implementation of the City’s Water Facilities Project (CIP 75169) for a period of five (5) months and a total not-to-exceed amount of $53,290.

EXECUTIVE SUMMARY
In December 2020, a consultant completed a Risk and Resilience Assessment (RRA) of the City’s water facilities and submitted a report to the Environmental Protection Agency (EPA) for certification. The EPA requires that a drinking water municipality design and implement the necessary security measures outlined in the City’s RRA report to protect its water
facilities from malevolent acts and to ensure a safer and more s ecure work environment for its workers. This agenda item requests authorization to enter into a PSA with the most qualified proposer, Guidepost Solutions, selected through a Request for Proposal (RFP) process, to provide the essential design services for a not-to-exc eed amount of $53,290.

BACKGROUND AND LEGISLATIVE HISTORY
The America’s Water Infrastructure Act of 2018 (AWIA) requires community water s
ystems that serve more than 3,300 people to complete a Risk Resilience Assessment (RRA). Through a competitive RFP
process, the City hired a Consultant to conduct the
RRA and submit certification of its completion to the U.S. EPA by December 31, 2020.

After
submission of the completed RRA, the EPA requires that the drinking water municipality (City) implement the necessary safety and security measures outlined in the assessment report.

To proceed with next steps, a Request for Proposals for the design of the necessary safety and security measures was posted on the City website on October 19, 2022, and a total of two (2) proposals were received on November 9, 2022.

After careful review of the proposals, the City believes that Guidepost Solutions, LLC demonstrates a higher degree of relevant experience and past performance in completing projects of similar type, size, and complexity in a satisfactory manner.

ANALYSIS
The RRA identified a number of security enhancements that would reduce the threat of potential outside infiltration to the city-wide water distribution network. With the facilities currently having soft external security standards and relative ease of entry, an individual or group could contaminate the water supply of the entire City. Implementation of the recommended safety and security measures, outlined in the RRA report, will greatly reduce such risk.

To provide better security and prevent intrusion, the RRA report identified the following security enhancements:
• upgrade the security fences
• incorporate additional and updated lightings (i.e., LED lighting) • incorporate intrusion technology such as a loud alarm system • install updated camera
s
• update the access control system at the City’s
o water treatment plant
o pump stations
o reservoirs
o well
sites
If approved, Guidepost Solutions, LLC will design the security system in alignment with the security enhancements
identified in the RRA.

FISCAL IMPACT
The design of the Security System Implementation for City’s Water Facilities Project is an approved component of Capital Improvement Program project (CIP 75169). Sufficient funds are available in the budget to cover the cost of the Professional Services Agreement with Guidepost Solutions, LLC for the not to exceed amount of $53,290.

PUBLIC OUTREACH/INTEREST
No public outreach activity was conducted for this agenda item.

COORDINATION
No departments, agencies, and/or consultants, outside of Guidepost Solutions, were consulted with, for this agenda item.

CEQA DETERMINATION
This agenda item is exe
mpt from CEQA requirements.

STRATEGIC PLAN
This agenda item is consistent with the City’s Public Safety Strategy and meets the goals to ensure the implementation of robust security infr astructure and intrusion technology.

ACTION REQUESTED OF THE CITY COUNCIL
Staff recommends that City Council adopt a resolution approving a Professional Services Agreement with Guidepost Solutions, LLC for the design of the Security System Implementation of the City’s Water Facilities Project (CIP 75169) for a period of five (5) months and a total not-to-exceed amount of $53,290.

Agenda Item 1.E
February 7, 2023

Page 2 ends

Prepared by: Lemar Saffi, Associate Engineer
Review
ed by: James Jackson, Director of Operations and Utilities Sara Cowell, Finance Director
Midori Lichtwardt, Assistant City Manager
Approved by
: Michael Rogers
Attachments
: A – PSA Guidepost Solutions LLC
Agenda Item 1.E
February 7, 2023

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City of Tracy -- Professional Services Agreement with Guidepost Solutions LLC

Page 1 of 9 ends

CITY OF TRACY

PROFESSIONAL SERVICES AGREEMENT WITH GUIDEPOST SOLUTIONS, LLC FOR SECURITY SYSTEMS DESIGN AT CITY’S WATER FACILITIES
This Prof
essional Services Agreement (Agreement) is entered into between the City of Tracy, a municipal corporation (City), and Guidepost Solutions LLC, a Limited Liability Company (Consultant).

City and Consultant are referred to individually as “Party” and collectively as “Parties.” Recitals
A. City desir
es to retain Consultant to provide design services for security services; and B. On October
19, 2022, the City issued a Request for Proposals (RFP) for the Security Assessment at City’s Water Facilities (Project). On November 9, 2022, Consultant submitted its proposal for the Project to the City. City has determined that Consultant possesses the skills, experience and certification required to provide the services.

C. After
negotiations between the City and Consultant, the Parties have reached an agreement for the performance of services in accordance with the terms set forth in this Agreement.

D. This Agreem
ent is being executed pursuant to Resolution No.2023-______ approved by Tracy City Council on February 7, 2023.

Now ther
efore, the Parties mutually agree as follows:

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

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

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

2.1 Term. The term
of this Agreement shall begin on February 8, 2023 and end on June 9, 2023, unless terminated in accordance with Section 6.

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

3.1 Not to Exceed Amount. Consultant ’s total compensation under this Agreement shall not exceed $53,290. Consultant’s billing rates shall cover all costs and expenses for Consultant’s performance of this Agreement. No work shall be performed by Consultant in excess of the total compensation amount provided in this section without the City’s prior written approval.

Attachment A
City of Tracy -- Professional Services Agreement with Guidepost Solutions LLC

Page 2 of 9 ends

3.2 Invoices. Consultant shall submit monthly invoice(s) to the City that describe the services performed, including times, dates, and names of persons performing the services.

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

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

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

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

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

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

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

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

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

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

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

City of Tracy -- Professional Services Agreement with Guidepost Solutions LLC

Page 3 of 9 ends

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

6. Termination.

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

7.1 E
ach Party shall designate a senior management or executive level representative to negotiate the dispute;

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

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

8. Ownership of Work.

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

City of Tracy -- Professional Services Agreement with Guidepost Solutions LLC

Page 4 of 9 ends

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

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

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

To City: To Consultant:

Director Operations & Utilities Guidepost Solutions LLC 520 N. Tracy Blvd 2121 N California Blvd., Suite 800
Tracy, CA 95376 Walnut Creek, CA 94596
Wit
h a copy to:

City Attorney
333 Civic Center Plaza
Tracy, CA 95376

13. Miscellaneous.

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

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

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

City of Tracy -- Professional Services Agreement with Guidepost Solutions LLC

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

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

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

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

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

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

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

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

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

City of Tracy -- Professional Services Agreement with Guidepost Solutions LLC

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The Part
ies agree to the full performance of the terms set forth here.

City of Tracy
_____________________________
By:

Nancy D. Young
Title: Mayor
Date: _______________________
Attes
t:
____________________________
A
drianne Richardson, City Clerk
Approv
ed as to form:
_________________________________
B
ijal M. Patel, City Attorney
Consultant
Guidepost Solutions, LLC, a Limited Liability
Company
________________________________
By
: ________________________
Title: _______________________
Date: _______________________
Federal
Employer Tax ID No. ___________
Exh
ibits:

A Scope of Work, including personnel and time of performance (See Agreement sections 1 and 2.)
B Compensation (See Agreement section 3.)
80-0581535
Nicholas Heywood
Associate Vice President - Technology Design
01/09/2023
City of Tracy -- Professional Services Agreement with Guidepost Solutions LLC

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EXHIBIT A - Scope of Work
• Attend
security system design coordination meetings with City staff to review the security requirements and to coordinate final security device locations, installation details and finish requirements.
• Document and coordinate the security system infrastructure requirements including security equipment layout and space requirement, IT network, 120 VAC power, electric door hardware and interfaces to other building systems such as required. • Check applicable codes, regulations, and restrictions governing the design. • Prepare security system design plans for the infrastructure improvements to be installed. The plans should include a security device symbols legend, block diagrams, rough-in details, equipment installation details and device location site/floor plans. • Prepare security system specifications including general conditions, functional and technical system and device requirements and execution requirements. • Evaluate Contractor bids for compliance with the construction documents and document the findings in a bid evaluation letter.
• Participate in meetings to review the bid evaluation letter. • Review the Contractor’s prefabrication submittals.
• Participate in progress/coordination meetings during the security system installation • Conduct one system installation progress inspections per site and prepare field reports to document the results.
• Conduct final system acceptance testing and prepare a punch list to document results. • Review the security contractor’s O&M and as-built documentation for accuracy.

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City of Tracy -- Professional Services Agreement with Guidepost Solutions LLC EXHIBIT B – Compensation
Compensation for completion of all items listed in Exhibit A shall be a not to exceed amount of $53,290.

APPROVED AS TO FORM AND LEGALITY
________________________
CITY A
TTORNEY’S OFFICE

TRACY CITY

COUNCIL
RESOL
UTION NO. _______________
APPROV

ING A PROFESSIONAL SERVICES AGREEMENT WITH GUIDEPOST

SOLUTIONS LLC FOR THE SECURITY SYSTEM IMPLEMENTATION FOR THE CITY’S WATER FACILITIES PROJECT (CIP 75169) FOR A TERM OF FIVE (5) MONTHS AND A TOTAL NOT-TO-EXCEED AMOUNT OF $53,290
WHEREAS, to comply with Section 2013 of America’s Water Infrastructure Act of 2018 (AWIA), requiring community water systems that serve more than 3,300 people to complete a Risk and Resilience Assessment (RRA); and
WHEREAS, City hired a Consultant through a competitive Request for Proposal (RFP) process to
conduct the RRA and submit certification of its completion to the U.S.

Environmental Protection Agency (EPA) by December 31, 2020 ; and WHEREAS, after submission, the EPA requires that the drinking water municipality (City) implement the necessary safety and security measures outlined in the assessment report; and
WHEREAS, in December 2020, an RRA report was completed by the appointed consultant after performing the assessment for the City’s water facilities and was certified to the EPA for
completion subsequently; and
WHE
REAS, the RRA report identified the following security enhancements:
upgrade the security fe nces, incorporate additional and updated lighting (i.e., LED l ighting), incorporate intrusion technology such as a loud alarm s ystem, install updated cameras, and update the access c ontrol system at the City’s water treatment plant, pump stations, reservoirs, and well sites to provide better security and to prevent intrusion; and WHE
REAS, a Request for Proposals for the design of the necessary safety and security meas
ures was pos ted on the City’s website on October 19, 2022; and WHEREAS, a total of two proposals were received on November 9, 2022 and after careful review of the two proposals, the City has determined that G uidepost Solutions, LLC demonstrates a higher degree of relevant experience and past performance in completing projects of similar type, size, and complexity in a satisfactory manner; and WHEREAS, the facilities currently have soft external security standards and ease of entry, an individual or group can contaminate the water supply of the entire City, which would bring great damage with loss of life, trust, and fines; and
WHEREAS, the design of the security system implementation for City’s water facilities project is an approved Capital Improvement Program project (CIP 75169) with sufficient funds available in the budget; and now therefore be it
Resolution 2023-

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RESOL
VED: that the City Council of the City of Tracy hereby approves a Professional Services Agreement with Guidepost Solutions, LLC for the Security System Implementation for the City’s Water Facilities Project (CIP 75169) for a term of five (5) months and a total not-to-exceed amount of $53,290.
* * * * * * * * * * *
* * *
The foregoing Resolution 2023-_____ was adopted by the Tracy City Council on February 7, 2023, by the following vote:

AYES: COU
NCIL 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
February 7, 2023
Agenda Item 1.F

RECOMMEN
DATION
Staff
recommends that the City Council adopt a Resolution approving a General Services Agreement with Telstar Instruments for the Programmable Logic Controller and Primary Effluent Pumping Control Upgrade Project for a term of nine (9) months and a total not to exceed amount of $293,250.

EXECUTI

VE SUMMARY
The primary
effluent pump station at the Wastewater Treatment Plant (WWTP) has been identified by staff as a critical step in the treatment process that requires additional redundancy to prevent failures. This project will add a redundant Programable Logic Controller (PLC) to the primary effluent pump station located at the WWTP. This new PLC will also serve as a replacement to an older and obsolete PLC that currently provides automation over other plant process equipment. This agenda item requests authorization to enter into a General Services Agreement (GSA) with Telstar Instruments, selected through a Request for Proposal (RFP) process, to provide these services for a not-to-exceed amount of $293,250.

BACKG

ROUND AND HISTORY

1. Backgr
ound
The primar
y effluent pump station is the first of three pump stations within the wastewater treatment plant. Unlike the other two pump stations, the primary effluent pump station does not have an upstream storage reservoir where it may divert flow during an emergency period. The pump station is already fed by two different power sources, however, there is only one PLC to operate the pumps.

This project will integrate a second PLC into the pump station that will take over pump station control in the event of a failure of the primary controller. In addition to redundant control, the new PLC installed in this project will replace some obsolete control systems. One control system was installed in 2003 and the other was installed pre-1977. Due to the age of the control system, the electronic monitoring system is currently unable to monitor the pre-1977 pump station at the plant.

2. Projec
t
The scope of w
ork for this project includes the replacement of a PLC; installation of a high-level float, alarm logic, and backup control logic; and update of the WWTP sewer pump control and level transmitter. The project will ensure an increase in reliability of the primary effluent pump station by replacing aging equipment that no longer meet City standards.

ANALYSIS

On October
31, 2022, a Request for Proposal was posted on the City’s website and only one (1) proposal was received on November 29, 2022. After careful review of the Proposal, the City feels that Telstar Instruments demonstrates a high degree of relevant experience and past performance in completing projects of similar type, size, and complexity in a satisfactory manner.

FISCAL IM
PACT
The nine-m
onth Agreement is not to exceed $293,250 and the funding is provided through the Wastewater operating budget in the Wastewater Fund.

PUBLI

C OUTREACH/ INTEREST
No public
outreach activity was conducted for this agenda item.

COORDINA
TION
No departments
, agencies, and/or consultants were consulted with for this agenda item.

CEQA DET

ERMINATION
This agenda i
tem is exempt from CEQA requirements.

STRATEGIC PLAN
This agenda i
tem is consistent with the City’s Quality of Life Strategy and meets the goals to ensure water quality that meets state and federal requirements.

ACTIO

N REQUESTED OF THE CITY COUNCIL
Staff recom
mends that the City Council adopt a Resolution approving a General Services Agreement with Telstar Instruments for the Programmable Logic Controller and Primary Effluent Pumping Control Upgrade Project for a term of nine (9) months and a total not to exceed amount of $293,250.

Prepar
ed by: Aloke Vaid, Wastewater Treatment Plant Superintendent Revi
ewed by: Stephanie Reyna-Hiestand, Acting Assistant Director of Utilities Sara Cowell, Director of Finance
Midori Lichtwardt, Assistant City Manager
Approv
ed by: Michael Rogers, City Manager
Attachments
: A – GSA Telstar Instruments
Agenda Item 1.F
February 7, 2023

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Attachment A

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

TRACY CIT

Y COUNCIL
RES
OLUTION NO. _______________
APPRO

VING A GENERAL SERVICES AGREEMENT WITH TELSTAR

INSTRUMENTS FOR THE P ROGRAMMABLE LOGIC CONTROLLER AND

PRIMARY EFFLUENT PUMPING CONTROL UPGRADE PROJECT FOR A
TERM OF NINE (9) MONTHS AND A TOTAL NOT TO EXCEED AMOUNT OF $293,250
WHERE
AS, the Primary Effluent Pump Station at the Wastewater Treatment Plant (WWTP) has been identified as a critical step in the treatment process that requires additional redundancy to prevent failures; and
WHERE
AS, this project will add a redundant Programable Logic Controller (PLC) to the Primary Effluent Pump Station, which will serve as a replacement to an older and obsolete PLC that currently provides automation over other plant process equipment; and WHERE
AS, the Primary Effluent Pump Station is the first of three pump stations within the WWTP and unlike the other two pump stations, the Primary Effluent Pump Station does not have an upstream storage reservoir where it may divert flow during an emergency period; and WHERE
AS, this project will integrate a second PLC into the pump station that will take over pump station control in the event of a failure of the primary controller, and the new PLC installed in this project will replace some obsolete control systems; and WHERE
AS, on October 31, 2022, a Request for Proposal was posted on the City’s website and only one (1) proposal was received on November 29, 2022; and

WHEREAS,
after careful review of the proposal, the City has determined that Telstar Instruments, Inc. demonstrates a high degree of relevant experience and past performance in completing projects of similar type, size, and complexity in a satisfactory manner; and now therefore be it
RESO
LVED: that the City Council of the City of Tracy hereby approves a General Services Agreement with Telstar Instruments for the Programmable Logic Controller and Primary Effluent Pumping Control Upgrade Project for a term of nine (9) months and a total not to exceed amount of $293,250.
* * * * * * * * * * * * * *
Resolution 2023-

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The foregoing Resolution 2023-_____ was adopted by the Tracy City Council on February 7, 2023, 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
February 7, 2023
Agenda Item 1.G

RECOMMENDAT
ION
Staff recommends that City Council approve the Inspection Improvement Agreement between City and Lennar Homes of California, LLC for Corral Hollow Road Widening Improvements at Tracy Hills Phase 2 Frontage.

EXECUTIVE SUMMARY
This item involves the approval of the Inspection Improvement Agreement (IIA) which will allow Lennar Homes of California, LLC (Developer) to proceed at the Developer’s sole and exclusive risk with the construction of the public roadway improvements within and adjacent to T racy Hills Phase 2 known as the Corral Hollow Road Widening Improvements at Tracy Hills Phase 2 Frontage (Project), which are ultimately intended to be dedicated to the City, prior to the City Engineer’s formal approval of the improvement plans for the Project.

ANALYSIS
The Project is geographically located within the boundaries of the Tracy Hills Specific Plan Area, which was approved by City Council on April 5, 2016, and is further situated within and along the frontage of that certain tentative map known as Vesting Tentative Map, Tract 4057, Tracy Hills Phase 2, approved by the City Council on October 19, 2021, by Resolution No. 2021-154. The Tracy Hills Phase 2 Project is generally bordered by Corral Hollow Road to the east and Int
erstate 580 to the north.

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

Imp
rovement Plans for the Corral Hollow Road Widening Improvements at Tracy Hills Phase 2 Frontage 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 Tracking No. ENG22-0006 and include the improvement plans entitled “Improvement Plans, Corral Hollow Road Widening, Phase 2 Frontage.”
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 plans. Approval of the IIA 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 exclusi
ve 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 may be required to remove and/or correct any non-conformities to the reasonable satisfaction of Agenda Item 1.G
February 7, 2023

Page 2 ends

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

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

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

The Developer has executed the Inspection Improvement Agreement and has submitted the required security to
guarantee the 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 fiscal impact associated with this action. Developer will pay for the cost of plan checking, engineering inspection and processing of the Inspection Improvement Agreement.

PUBLIC OUTREACH /

INTEREST
All public outreach for the Tracy Hills Phase 2 development (notifications, public hearings, etc.) was conducted for the Planning Commission and City Council hearings that were held in October 2021 to
consider the General Plan Amendment, Specific Plan Amendment and Vesting Tentative Subdivisi
on Map for the overall project. Additional public outreach specifically for the IIA for the Corral Hollow Road Widening Improvements is not required.

COORDINATION
This Staff Report was prepared by the Development Services Department – Engineering Division. No coordination was required with other departments, etc., for the preparation of this report.

CEQA DETERMINATION
An Environmental Impact
Report (EIR) for the Tracy Hills Specific Plan was certified by the City Council on April 5, 2016. The Corral Hollow Road Widening Improvements are within the scope of the development evaluated
by the existing EIR and therefore no further environmental review is required for the Project under CEQA.

STRATEGIC PLAN
This item is consistent with the City Council’s approved Economic Development Strategy to ensure that
physical infrastructure necessary for development is constructed. 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 any residence within the first Final Map in Tracy Hills Phase 2.A.

Agenda Item 1.G
February 7, 2023

Page 3 ends

ACTION REQUESTED OF THE CITY CO UNCIL
That City Counc
il, by resolution, approve the Inspection Improvement Agreement between City and Lennar Homes of California, LLC for Corral Hollow Road Widening Improvements at Tracy Hills Phase 2 Frontage.

Prepared by: Al
Gali, Associate Engineer
Reviewed by: Koos
un Kim, PE, Interim City Engineer
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

ATTACHMENT A
Location Map

City of Tracy

INSPECTION IMPROVEMENT AGREEMENT

CORRAL HOLLOW ROAD WIDENING IMPROVEMENTS
AT TRACY HILLS PHASE 2 FRONTAGE
This
Inspection Improvement Agreement (“Agreement”) is entered into by and between the City of Tracy, a municipal corporation (“City”), and LENNAR HOMES OF CALIFORNIA, LLC, a California limited liability company (“Developer”).

Recit
als
A. Devel
oper is the party responsible for the construction of the public roadway improvements known as the Corral Hollow Road Widening Improvements at Tracy Hills Phase 2 Frontage that are to be constructed within the existing and proposed Corral Hollow Road right-of-way, as more particularly depicted in Exhibit “A” (“Project”).

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

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

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

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

F. Improv
ement plans and specifications (which incorporate portions of the City’s Standard Specifications) have been prepared on behalf of Developer and are under review by the City Engineer. They describe in more detail the improvements that are required for approval of the Final Maps. The Partially Approved Submitted Plans and Specifications, which are under review by the City Engineer, are on file with the City Engineer under Tracking No. ENG22-0006 and incorporated herein by reference. The term “Partially Approved Submitted Plans and Specifications” includes the seventeen (17) sheets of improvement plans entitled “Improvement Plans, Corral Hollow Road Widening, Phase 2 Frontage” prepared by Ruggeri-Jensen-Azar.

DocuSign Envelope ID: 6E0F0118-A851-4828-849A-1FC8CB27746A Attachment B
City of Tracy – Inspection Improvement Agreement
Corral Hollow Road Widening Improvements at Tracy Hills Phase 2 Frontage

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

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

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

NOW
THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS:

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

12.36.060(f).

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

DocuSign Envelope ID: 6E0F0118-A851-4828-849A-1FC8CB27746A City of Tracy – Inspection Improvement Agreement
Corral Hollow Road Widening Improvements at Tracy Hills Phase 2 Frontage

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Developer understands and agrees that because the full set of submitted plans and specifications have not been approved by the City Engineer, if any of the completed improvements do not conform to the Approved Plans and Specifications the Developer may have to remove or correct any non-conformities to the reasonable satisfaction of the City Engineer at Developer’s sole cost.

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

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

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

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

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

3.1. Faithful Performance security in the amount of $3,898,412.00 to secure faithful performance of this Agreement (until the date on which the City Council accepts the Work as complete) under Government Code sections 66499.1, 66499.4, and 66499.9.

3.2. Labor and Material sec
urity in the amount of $3,898,412.00 to secure payment
by Developer to laborers and materialmen under Government Code sections 66499.2, 66499.3, and 66499.4.

3.3. Warranty secur ity in the amount of $389,841.00 to guarantee improvements against any defective work or labor done or defective materials used in DocuSign Envelope ID: 6E0F0118-A851-4828-849A-1FC8CB27746A City of Tracy – Inspection Improvement Agreement
Corral Hollow Road Widening Improvements at Tracy Hills Phase 2 Frontage

Page 4 of 10 ends

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 sec
urity in the amount of $6,750.00 to secure faithful
performance of setting monuments pursuant to Government Code section 66496.

4. Indem
nification. 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. Insur
ance. 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 (wi
th 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. Devel
oper 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: 6E0F0118-A851-4828-849A-1FC8CB27746A City of Tracy – Inspection Improvement Agreement
Corral Hollow Road Widening Improvements at Tracy Hills Phase 2 Frontage

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

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

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

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

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

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

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

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

5.8. Authorized Insurers. All insurance companies providing coverage to Devel oper
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. Devel
oper shall provide evidence of compliance with the
commercial general liability insurance and automobile insurance requirements listed above by providing a certificate of insurance and endorsements, in a form satisfactory to the City Attorney before the City executes this Agreement.

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

5.11. Developer’s Ob ligation. Maintenance of insurance by Developer as specified in this Agreement shall in no way be interpreted as relieving Developer of any responsibility whatsoever (including indemnity obligations under this DocuSign Envelope ID: 6E0F0118-A851-4828-849A-1FC8CB27746A City of Tracy – Inspection Improvement Agreement
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Agreement), and Developer may carry, at its own expense, such additional insurance as it deems necessary.

6. Indepe
ndent Contractor Status. Developer is an independent contractor and is solely responsible for the acts of its employees, agents, and subcontractors, including any negligent acts or omissions. Developer is not City’s employee and Developer shall have no authority, express or implied, to act on behalf of the City as an agent, or to bind the City to any obligation, unless the City provides prior written authorization to Developer.

7. Defa
ult.

7.1. No
tice. If Developer is in default of this Agreement, as defined in Section 10.2, the City Engineer shall provide written notice to Developer and Developer’s surety (if any) describing the default.

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

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

7.2.2. Developer abandons the Project site.

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

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

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

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

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

7.3.2. Demand Developer complete performance of the Work.

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

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

9. Repai
r 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.

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10. Inspection by the City; Fees. In order to permit the City to inspect the Work, Developer shall, at all times, provide to the City proper and safe access to the Project site, and all portions of the Work, and to all shops where portions of the Work are in preparation. Concurrently with Developer’s execution of this Agreement and before the beginning of any Work, Developer shall pay the City Inspection Fees in the amount of 3.5% of the estimated Project costs (as approved by the City Engineer). If the City requires an independent inspection, Developer shall pay all such costs and provide a report directly to the City.

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

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

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

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

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

14. Notices.

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

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To City To Developer:

City of Tracy
333 Civic Center Plaza
Tracy, CA 95376
Attn: City Engineer
[email protected]
Lennar Homes of California, LLC
2603 Camino Ramon, Suite 525
San Ramon, CA 94583
Attn: Bridgit Koller
[email protected]
With a copy to:

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

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

14.2. C
ommunications 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. Approv
als by City. Any approval or consent by that is to be given by City under this Agreement shall be in writing, and any approval or consent that is not in writing shall not be binding on City.

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

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

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

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

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

A. Locati
on of Project (Recital A)
B. Conditions of Approval (Recital C)
C. Developer’s Authorized Representative Information (Section 11) If
a term of this Agreement is held invalid by a court of competent jurisdiction, the Agreement shall be construed as not containing that term, and the remainder of this Agreement shall remain in effect.

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

This Agreement shall inure to the benefit of and be binding upon the parties and their successors and assigns.
[si
gnatures on following page]
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The parties hereby agree to the full performance of the terms set forth herein.

City of Tracy
_________
______________________
Nancy D. Young, Mayor
Date:
_____________
Approv
ed by City Council on ________
by Resolution No. _________.

Attes
t:
_________
______________________
By: Adrianne Richardson, City Clerk
Approv
ed As To Form:
_________
______________________
By: Bijal M. Patel, City Attorney
Developer
LENNA

R HOMES OF CALIFORNIA, LLC
a California limited liability company
_________
______________________
By: Bridget Koller
Title: Vice President
Date:
_____________
Federal
Employer Tax ID No. ___________
DocuSign Envelope ID: 6E0F0118-A851-4828-849A-1FC8CB27746A 93-1223261
1/30/2023

City of Tracy – Inspection Improvement Agreement
Corral Hollow Road Widening Improvements at Tracy Hills Phase 2 Frontage EXHIBIT “A”

LOCATION OF PROJECT

Exhibit 1
Conditions of Approval for Tracy Hills Phase 2
Vesting Tentative Subdivision Map
Application Number TSM20-0003
October 19, 2021
Project: These Conditions of Approval shall apply to the Vesting Tentative Subdivision Map for Tracy Hills Phase 2, Application Number TSM20-0003, including approximately 1,470 single-family residential lots and various other parcels.

Property: The property consists of approximately 1,143 acres located in the Tracy Hills Specific Plan Area, south of I-580, west of Corral Hollow Road, Application Number TSM20-0003.

Community Facilities Districts: Certain conditions of approval herein involve the establishment of one or more Community Facilities Districts (CFDs) to implement the Project. The imposition of conditions requiring or involving the establishment of CFDs on the Property shall not limit the City from establishing additional CFDs over the Property, subject to an affirmative vote of the Property owner(s).

A. Definitions; Abbreviations.

The definitions in the City’s zoning regulations (Tracy Municipal Code, Title 10, Chapter

10.08) and subdivision ordinance (Tracy Municipal Code, Title 12, Chapter 12.08) apply, and in addition:

1. “Applicant” means any person, or other legal entity, defined as a “Subdivider” by Section 12.08.010 of the City of Tracy Municipal Code.

2. “Development Services Director” 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 here. (The Development Services Director is also referred to in the Tracy Municipal Code as the Development and Engineering Services Director.)

3. “City 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 Hills Specific Plan, the Tracy Municipal Code, ordinances, resolutions, written policies, written procedures, and the City’s Design Documents (including the Standard Plans, Standard Specifications, Design Standards, and relevant Public Facility Master Plans).

4. “Conditions of Approval” or “Conditions” means these conditions of approval.

Conditions of Approval
Tracy Hills Phase 2 – Vesting Tentative Subdivision Map Application Number TSM20-0003
October 19, 2021

5. “Property” means the approximately 1,143 acres located in the Tracy Hills Specific Plan Area that is the subject of the Vesting Tentative Subdivision Map for Tracy Hills Phase 2, Application Number TSM20-0003.

The following abbreviations may be used in these Conditions:

EIR Environmental Impact Report
DIA Deferred Improvement
Agreement
OIA Offsite Improvement Agreement
PI&RA Park Improvement and
Reimbursement Agreement
PUE Public Utility Easement
TMC Tracy Municipal Code
B. Planning Division Conditions of Approval

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

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

3. Mitigation Measures. The Subdivider shall comply with all applicable mitigation measures in the Final Subsequent Environmental Impact Report (EIR) for the Tracy Hills Specific Plan Project (State Clearinghouse No. 2013102053), which was certified by the City Council on April 5, 2016, as it may be amended or modified pursuant to CEQA and the CEQA Guidelines.

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

Conditions of Approval
Tracy Hills Phase 2 – Vesting Tentative Subdivision Map Application Number TSM20-0003
October 19, 2021

5. Final Maps for Financing Purposes. For the purpose of these Conditions of Approval, if any Final Map or Parcel Map is filed within the boundaries of the Project solely for financing purposes only, and no permits will be requested pursuant to such map, then the requirements listed in these Conditions of Approval shall not apply to the final map or parcel map for financing purposes only.

6. Conformance with Vesting Tentative Subdivision Map. All Final Maps shall be in substantial conformance with the approved Vesting Tentative Subdivision Map (Application Number TSM20-0003), which was received by the Development Services Department on October 12, 2021, unless modified by these Conditions.

7. Streets, Streetlights and Sidewalks
Before approval of the first Final Map or issuance of any building permit for the Property (except for up to fifteen (15) model homes), Subdivider shall provide for perpetual funding of the on-going costs of operation, maintenance and replacement for the traffic signals, streetlights, and street sweeping on the Property (including all costs required by PG&E), by doing one or more of the following, subject to the approval of the City’s Finance Director:
a. Community Facilities District. Subdivider shall enter into an agreement with the City, to be signed by the Finance Director, which shall be recorded against the Property, which requires that prior to the issuance of a certificate of occupancy for a residential dwelling unit, Subdivider shall complete the annexation of the Property to City of Tracy Community Facilities District in compliance with the requirements of the Mello – Roos Community Facilities Act of 1982 (Gov. Code § 53311 et seq.) including, without limitation, affirmative votes, and the recordation of a Notice of Special Tax Lien. Subdivider shall be responsible for all costs associated with the CFD proceedings.

Or
b. HOA and dormant CFD. If the HOA is the chosen funding mechanism, the Subdivider must do the following:
(1) Form a Homeowner's Association (HOA) or other maintenance association, with CC&Rs reasonably acceptable to the City, to assume the obligation for the on-going costs of operation, maintenance and replacement for the traffic signals, streetlights, and street sweeping on the Property (including all costs required by PG&E);
(2) Cause the HOA to enter into an agreement with the City, in a form to be approved by the City and to be recorded against the Property prior to the final inspection or occupancy of the first dwelling (except for up to fifteen model homes), setting forth, among other things, the Conditions of Approval
Tracy Hills Phase 2 – Vesting Tentative Subdivision Map Application Number TSM20-0003
October 19, 2021
required maintenance obligations, the standards of maintenance, and all other associated obligation(s) to ensure the long-term operation, maintenance and replacement by the HOA for the traffic signals, streetlights, and street sweeping on the Property;
(3) Before final inspection or occupancy of the first dwelling (except for up to fifteen model homes), annex into a CFD in a "dormant" capacity, to be triggered if the HOA fails (as determined by the City in its sole and exclusive discretion) to perform the required level of operation, maintenance and replacement for the traffic signals, streetlights, and street sweeping on the Property. The dormant tax or assessment shall be disclosed to all homebuyers and non-residential property owners, even during the dormant period.

Or
c. Direct funding. Subdivider shall enter into an agreement with the City, which shall be recorded against the Property, which requires that prior to issuance of a certificate of occupancy for a residential dwelling unit, Subdivider shall deposit with the City an amount necessary, as reasonably determined by the City, to fund in perpetuity the on-going costs of operation, maintenance and replacement for the streets, streetlights, and sidewalks on the Property (including all costs required by PG&E).

If the provisions for adequate funding of the on-going costs of operation, maintenance and replacement for the traffic signals, streetlights, and street sweeping on the Property (including all costs required PG&E) are met prior to issuance of the first building permit for the Property, subject to the Finance Director’s review and approval, the terms of this condition shall be considered to have been met and this condition shall become null and void.

8. Police/Public Safety & Public Works
Before approval of the first Final Map or issuance of any building permit for the Property (except for up to fifteen (15) model homes), Subdivider shall provide for perpetual funding of the on-going costs of providing Police and public safety and Public Works services for the Property, by doing one of the following, subject to the approval of the City’s Finance Director:
a. Community Facilities District. Subdivider shall enter into an agreement with the City, to be signed by the Finance Director, which shall be recorded against the Property, which requires that prior to the issuance of a certificate of occupancy for a residential dwelling unit, Subdivider shall complete the annexation of the Property to City of Tracy Community Facilities District in compliance with the requirements of the Mello – Roos Community Facilities Act of 1982 (Gov. Code § 53311 et seq.) including, without limitation, affirmative votes, and the recordation of a Notice of Conditions of Approval
Tracy Hills Phase 2 – Vesting Tentative Subdivision Map Application Number TSM20-0003
October 19, 2021
Special Tax Lien. Subdivider shall be responsible for all costs associated with the CFD proceedings.

Or
b. Direct funding. Subdivider shall enter into an agreement with the City, which shall be recorded against the Property, which requires that prior to issuance of a certificate of occupancy for a residential dwelling unit, Subdivider shall deposit with the City an amount necessary, as reasonably determined by the City, to fund in perpetuity the on-going costs of providing Police and public safety and Public Works services for the Property.

If the provisions for adequate funding of the on-going costs of providing Police and public safety and Public Works services for the Property are met prior to issuance of the first building permit for the Property, subject to the Finance Director’s review and approval, the terms of this condition shall be considered to have been met and this condition shall become null and void.

9. Landscaping Maintenance
Before approval of the first Final Map or issuance of any building permit for the Property (except for up to fifteen (15) model homes), Subdivider shall provide for perpetual funding of the on-going costs of maintenance and replacement for public landscaping for the Property (but shall exclude the community park), by doing one or more of the following, subject to the approval of the City’s Finance Director:
a. CFD or other funding mechanism. The Subdivider shall enter into an agreement with the City, which shall be recorded against the Property, which stipulates the following: (1) prior to issuance of a building permit, the Subdivider shall form a Community Facilities District (CFD) for funding the on-going maintenance costs related to maintenance, operation, repair and replacement of public landscaping, public walls and any public amenities included in the Project, and ongoing public landscaping maintenance costs associated with major program roadways identified in the Citywide Roadway and Transportation Master Plan; (2) the items to be maintained include but are not limited to the following: ground cover, turf, shrubs, trees, irrigation systems, drainage and electrical systems; masonry walls or other fencing, entryway monuments. or other ornamental structures, furniture, recreation equipment, hardscape and any associated appurtenances within medians, parkways, dedicated easements, channel-ways, public parks and public open space areas; (3) formation of the CFD shall include, but not be limited to, affirmative votes and the recordation of a Notice of Special Tax Lien; (4) upon successful formation, the parcels will be subject to the maximum special tax rates as outlined in the Rate and Method of Apportionment; (5) prior to issuance of a building permit, the Subdivider shall deposit an amount equal to the first year's taxes; and (6) the Subdivider shall be responsible for all costs Conditions of Approval
Tracy Hills Phase 2 – Vesting Tentative Subdivision Map Application Number TSM20-0003
October 19, 2021
associated with formation of the CFD.

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

Or
c. Direct funding. The Subdivider shall enter into an agreement with the City, which shall be recorded against the Property, which stipulates that prior to issuance of a building permit, the Subdivider shall deposit with the City an amount necessary, as reasonably determined by the City, to fund in perpetuity the full on-going maintenance costs related to maintenance, operation, repair and replacement of public landscaping, public walls and any public amenities included in the Project, and ongoing public landscaping maintenance costs associated with major program roadways identified in the Citywide Roadway and Transportation Master Plan. The items to be maintained include but are not limited to the following: ground cover, turf, shrubs, trees, irrigation systems, drainage and electrical systems, masonry walls or other fencing, entryway monuments or other ornamental structures, furniture, recreation equipment, hardscape and Conditions of Approval
Tracy Hills Phase 2 – Vesting Tentative Subdivision Map Application Number TSM20-0003
October 19, 2021
any associated appurtenances within medians, parkways, dedicated easements, channel-ways, public parks and public open space areas.

10. Neighborhood Parks. Before approval of the first Final Map, the Subdivider shall enter into an agreement with the City, which shall be recorded against the property, which stipulates the following:
a. Prior to the issuance of the 125th building permit that allows construction of a dwelling, not including plumbing only permits, the developer shall commence construction of the first neighborhood park. If the construction of the first neighborhood park has not commenced by the issuance of 125th building permit, no further building permits shall be issued until the first neighborhood park construction is commenced;
b. Prior to the issuance of the 500th building permit that allows construction of a dwelling, not including plumbing only permits, the developer shall commence construction of the second neighborhood park. If the construction of the second neighborhood park has not commenced by the issuance of 500th building permit, no further building permits shall be issued until the second neighborhood park construction is commenced; c. Prior to the issuance of the 976th building permit that allows construction of a dwelling, not including plumbing only permits, the developer shall commence construction of the third neighborhood park. If the construction of the third neighborhood park has not commenced by the issuance of 976th building permit, no further building permits shall be issued until the third neighborhood park construction is commenced; and
d. Prior to the issuance of the 1,226th building permit that allows construction of a dwelling, not including plumbing only permits, the developer shall commence construction of the fourth neighborhood park. If the construction of the fourth neighborhood park has not commenced by the issuance of 1,226th building permit, no further building permits shall be issued until the fourth neighborhood park construction is commenced.

C. Engineering Division Conditions of Approval

1. General Conditions
C.1.1 Subdivider shall comply with the applicable requirements of the approved documents, technical analyses/reports prepared for the Project listed as follows:
a) Tracy Hills Specific Plan approved by City Council by Resolution No. 2016-063, dated April 5, 2016, and any amendments thereto. b) Amendment to the Tracy Hills Specific Plan for Phase 2, approved by the City Council by Resolution No. 2021-_____ on ________, 2021, including the Transportation Consistency Analysis prepared for the Amendment by Kimley-Horn and Associates, dated
Conditions of Approval
Tracy Hills Phase 2 – Vesting Tentative Subdivision Map Application Number TSM20-0003
October 19, 2021
September 23, 2021, and any updates or amendments thereto (“Specific Plan Amendment” or “SPA”).
c) Tracy Hills Specific Plan Final Subsequent Environmental Impact Report, dated January 2016, certified by City Council by Resolution No. 2016-062 on April 5, 2016, and the Addendum to the Tracy Hills Specific Plan EIR, prepared by Kimley-Horn and Associates, dated September 2021, including all mitigation measures incorporated therein (hereinafter referred to together as “EIR”).
d) Tracy Hills Phase 2 Traffic Study, prepared by Kimley-Horn and Associates, dated September 30, 2021, and any updates or amendments thereto (“Traffic Study”).
e) City of Tracy Citywide Roadway and Transportation Master Plan, prepared by RBF Consulting, dated November 2012 (“TMP”) f) Tracy Hills Phase 2 VTM Drainage Analysis prepared by Ruggeri- Jensen-Azar, dated December 17, 2020, and the review of said analysis contained in the Technical Memorandum prepared by Wood Rodgers, dated April 26, 2021 (draft), and any updates or amendments to either document (“Storm Drainage Study”). g) Tracy Hills Storm Drainage Master Plan prepared by Ruggeri- Jensen-Azar, dated November 2013 (“Storm Drainage Master Plan”), as reviewed by Storm Water Consulting, Inc and Stantec Consulting Services, Inc.
h) Tracy Hills Phase 2 Sanitary Sewer Study Technical Memorandum prepared by Black Water Consulting Engineers, dated October 1, 2021, and any updates or amendments thereto (“Sanitary Sewer Study”).
i) Peer Review and Hydraulic Evaluation for Tracy Hills Phase 2, 3, and 4 prepared by West Yost, dated July 13, 2021, and any updates or amendments thereto (“Water Study”).
j) Pipeline Safety Hazard Assessment, Tracy Hills Specific Plan prepared by Place Works, dated September 2014.
k) Any Finance Implementation Plan (“FIP”), as described in Section

10.20.060(b)(3)(B) of the Tracy Municipal Code, that is approved by the City Council for the property described in the Tracy Hills Phase 2 Vesting Tentative Subdivision Map, Application No. TSM20-0003. l) Development Agreement, executed between the City of Tracy and the developers of the Tracy Hills Project, approved by the City Council on April 5, 2016, by Ordinance No. 1213, and the First Amendment to the Development Agreement, approved by the City Conditions of Approval
Tracy Hills Phase 2 – Vesting Tentative Subdivision Map Application Number TSM20-0003
October 19, 2021
Council on November 10, 2020, by Ordinance No. 1300
(“Development Agreement”).
m) Settlement Agreement, executed between the City of Tracy and the developers of the Tracy Hills Project, having an effective date of December 17, 2019 (“Settlement Agreement”).
n) Agreement to Defer Payment of Development Impact Fees on New Residential Development, executed between the City of Tracy and the developers of the Tracy Hills Project, dated November 15, 2016 (“Fee Deferral Agreement”).

C.1.2 Timing of Compliance: The Applicant shall satisfy each of the following conditions prior to filing the first Final Map unless a different time for compliance is specifically stated in these Conditions of Approval. Any condition requiring an improvement that has already been designed and completed under a City-approved improvement agreement may be considered satisfied at the discretion of the City Engineer.

For the purpose of these Conditions of Approval, if any Final Map or Parcel Map is filed within the boundaries of the Project solely for financing purposes only, and no permits will be requested pursuant to such map, then the requirements listed in these Conditions of Approval shall not apply to the final map or parcel map for financing purposes only.

C.1.3 Revisions to the Vesting Tentative Subdivision Map (“VTSM”): The Subdivider shall incorporate revisions to comply with the recommendations and comments in the Traffic Study prior to signature by the City Engineer on the VTSM.

C.2 Improvement Plans
C.2.1 General
The Subdivider shall complete the Improvement Plans to comply with all applicable laws, including the City Regulations (defined above) and these Conditions of Approval. Improvement Plans shall contain the design, construction details and specifications of improvements that is/are required to serve the Project. The Improvement Plans shall be drawn on a 24” x 36” size 4-mil thick polyester film (mylar) and shall be prepared under the supervision of, and stamped and signed by a Registered Civil, Traffic, Electrical, Mechanical Engineer, and Registered Landscape Architect for the relevant work.

C.2.1 Signed and stamped Engineer’s Estimate that summarizes the cost of constructing all the public improvements shown on the Improvement Plans.

Conditions of Approval
Tracy Hills Phase 2 – Vesting Tentative Subdivision Map Application Number TSM20-0003
October 19, 2021
C.2.2 Site Grading
C.2.2.1 Grading and Drainage Plans
Submit a Grading and Drainage Plan prepared by a
Registered Civil Engineer and accompanied by the Project’s Geotechnical /Soils Engineering report. The report shall provide recommendations regarding adequacy of the site
relative to the stability of soils such as soil types and classification, percolation rate, soil bearing capacity, highest observed ground water elevation, and others.

C.2.2.2 When the grade differential between the Project site and the adjacent property(s) exceeds 12 inches, a reinforced or masonry block wall, engineered slope, or engineered
retaining wall is required for retaining soil. The Subdivider shall submit Retaining Wall Plans that includes the
construction detail(s) and structural calculations of the retaining wall or masonry wall for City’s review and approval.

C.2.2.3 If an engineered slope is used to retain soil subject to approval by the City Engineer, a slope easement will be necessary from the adjacent property. The Subdivider shall obtain a slope easement from owner(s) of the adjacent and affected property(s) and show the slope easement on the Final Map.

C.2.2.4 Erosion Control
Improvement Plans shall specify the method of erosion
control to be employed and materials to be used.

C.2.2.5 If applicable, show all existing irrigation structure(s), channel(s) and pipe(s) that are to remain or relocated or to be removed, if any, after coordinating with the irrigation district or owner of the irrigation facilities. If there are irrigation facilities including tile drains, that are required to remain to serve existing adjacent agricultural uses, the Subdivider shall design, coordinate and construct required modifications to the facilities to the reasonable satisfaction of the owner of the irrigation facilities and the City.

C.2.3 Grading Permit
The City will not accept a grading permit application for the Project as complete until the Subdivider has provided all relevant documents related to the grading permit required by the City Regulations and these Conditions of Approval, to the satisfaction of the City Engineer.

Conditions of Approval
Tracy Hills Phase 2 – Vesting Tentative Subdivision Map Application Number TSM20-0003
October 19, 2021
C.2.4 Storm Drainage
C.2.4.1 Site grading shall be designed such that the Project’s storm drainage overland release point will be directed to a storm drainage easement or to public streets with a functional storm drainage system and that the storm drainage system within the public streets has adequate capacity to drain storm water from the Property.

C.2.4.2 All permanent underground storm drainage lines, structures and facilities to be maintained by the City shall be located within right-of-way to be dedicated to the City or within an easement. If applicable, interim facilities and storm drain lines and collection basins shall be maintained by the Subdivider.

C.2.4.3 Storm drainage plans are to be submitted with the required hydrologic and hydraulic calculations for the sizing of storm drainage pipe(s) and shall comply with the Storm Drainage Master Plan, Storm Drainage Study and City Regulations.

C.2.4.4 Prior to acceptance of maintenance of any public facilities by the City, the Subdivider shall prepare and obtain approval from the Public Works Department of a maintenance plan for all temporary and permanent storm drainage facilities to be maintained by the Subdivider or the HOA. The maintenance plan shall show the phasing of roadway construction, mass grading, drainage facilities, including collection channels, erosion control and protection of the Crimson crude oil pipeline during construction. A SWPPP may be used as the maintenance plan with approval by the City Engineer.

C.2.4.5 Storm water designs shall show facilities needed for the collection and channeling of surface water runoff and off-site flow-thru surface water runoff to underground storm drainage facilities, such as drainage collection channels, appropriately designed inlet structures and sedimentation/detention ponds.

These improvements shall be shown on the Grading Plans
and be approved by the City Engineer before the issuance of a Grading Permit.

C.2.4.6 Since the Project will construct terminal retention basins, it has been determined that the Project will be exempt from the Post Construction Stormwater Quality Standards. However, should new Federal or State regulations come into effect during the buildout of the Project that would require future compliance, then the Project may not be exempted from
those new requirements.

Conditions of Approval
Tracy Hills Phase 2 – Vesting Tentative Subdivision Map Application Number TSM20-0003
October 19, 2021
SWPPP's shall be implemented during project construction.

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

Similarly, public education measures regarding the damaging effects of pollutants to water quality may also be
implemented.

C.2.4.7 All storm water structural and construction details that are not part of the City Standard Plans or City Design Standards shall be provided by the Subdivider and submitted to the City for approval as part of the improvement plans.

C.2.4.8 Storm drainage retention basins shall be contained within a parcel suitable for dedication to the City of Tracy. The basins shall be provided with appropriate fencing with warning signs, access roadways to and from public roadways and access
roadways into the basins for maintenance purposes as
approved by the City Engineer. All storm drainage inlets into the basins shall have inlet structures with design acceptable to the City Engineer.

C.2.4.9 Fixed vertical sediment depth markers shall be installed near discharge points into the Retention Basin to assist with measurements of sediment deposition over time and future assessments of the need for maintenance activities.

C.2.4.10 Prior to or concurrently with the City’s approval of the first Final Map within Project, the Subdivider shall dedicate to the City utility maintenance easements necessary for all storm drainage facilities. All requirements relating to the access and maintenance by the Utilities Department and Public Works Department shall be incorporated into the improvement plans.

C.2.5 Sanitary Sewer
C.2.5.1 All sanitary sewer lines and associated improvements shall be designed and installed in accordance with the Sanitary Sewer Study and City Regulations. Before approval of Final Map(s) for the Project, Subdivider shall submit improvement plans and obtain approval of plans for all on-site and off-site sewer improvements required to serve the Project.

C.2.5.2 As indicated in the Sewer Study, based on the projected sewer demand from approved projects within the Coral
Hollow sewer contributory area, the Phase 2 of the Choke Points Improvements for Corral Hollow Road Sewer as
Conditions of Approval
Tracy Hills Phase 2 – Vesting Tentative Subdivision Map Application Number TSM20-0003
October 19, 2021
identified in the Wastewater Master Plan (“ Phase 2 Choke Points Improvements”) will be required to serve the
Project. The City has commenced the design of Phase 2
Choke Point Improvements. In the event the City does not have adequate funding for Phase 2 Choke Points
Improvements the Subdivider will contribute funding as
determined by the City Engineer to cover shortfall in funding, so the City can proceed with the construction of the
improvement. Building permits will only be issued up to available capacity in the Corral Hollow Sewer system as determined by the City Engineer. Subdivider will be eligible for fee credits and/or reimbursements in accordance with Tracy Municipal Code.

C.2.5.3 Based on the analysis of the capacity of Wastewater Treatment Plant (WWTP) and the projected growth over the next five years, it is estimated that Phase 2C of the WWTP improvements as identified in the Wastewater Master Plan will be required to be constructed and operational in 2023.

City has identified a funding shortfall of approximately $33.5 Million for the WWTP Phase 2 improvements. In order for the City to undertake design and construction of the WWTP
Phase 2C improvements to provide adequate treatment
capacity of the Project, City has identified the need to collect upfront fees from developments within the City.

On or prior to December 31, 2022, the Developer shall pay the City half the amount of the wastewater treatment
development impact fees (estimated at approximately $6
Million) for lots within the boundary of Tracy Hills Phase 2 Tentative Map and shall provide a Letter of Credit (or other guarantee) to the satisfaction of the City Engineer for the other half of the wastewater treatment development impact fees. On or prior to December 31, 2023, the Developer shall pay to the City the remaining half the amount of the
wastewater treatment development impact fees. After the second payment, the City Engineer may release the Letter of Credit (or other guarantee). For building permits issued prior to December 31, 2022, the Developer shall pay wastewater development impact fees per lot consistent with its agreement with the City and Title 13 of the Tracy Municipal Code. The City Engineer will determine the amount due on December 22, 2022 based on the available wastewater development
impact fees collected and the funding shortfall for WWTP Phase 2C improvements. The Developer shall be required to pay wastewater development impact fee up to the amounts as outlined above (for all lots for which building permits have not been issued on December 31, 2022). Building permits will Conditions of Approval
Tracy Hills Phase 2 – Vesting Tentative Subdivision Map Application Number TSM20-0003
October 19, 2021
only be issued up to available capacity in the WWTP, as determined by the City Engineer.

In the event City collects adequate funding from other
development projects within the City by December 31, 2022, Developer will not be required to pay the upfront fees as outlined above.

C.2.5.4 The Subdivider shall extend the sanitary sewer facilities within Lammers Road that are intended to serve future phases of the Tracy Hills Project northerly under I-580 and continuing north of I-580 within the Lammers Road right-of-way to
connect to the sanitary sewer main stub to be installed with the Tracy Hills Drive improvements for Tracy Hills Phase 1B.

Subdivider shall obtain an encroachment permit from Caltrans for the sewer improvements to be installed within the Caltrans right-of-way.

C.2.5.5 No final inspection of any residential building will be performed or certificate of occupancy for commercial building will be issued, with the exception of Model Homes, until all improvements required per the Sanitary Sewer Study and
City Regulations are completed and functional, as determined by the City Engineer.

C.2.5.6 Subdivider shall pay impact fees at the time of issuance of building permit or in accordance with the Fee Deferral
Agreement.

C.2.5.7 Prior to the City’s approval of the first Final Map within Project, the Subdivider shall dedicate to the City utility maintenance easements necessary for all sanitary sewer
lines. All requirements relating to the access and
maintenance by the Utilities Department and Public Works Department shall be incorporated into the improvement plans.

C.2.6 Water Distribution System
C.2.6.1 All potable and recycled water lines and associated improvements shall be designed and installed in accordance with the Water Study and City Regulations. Before approval of Final Map(s) for the Project, Subdivider shall submit improvement plans and obtain approval of plans for all
potable and recycled water lines and associated
improvements.

C.2.6.2 During the construction phases (vertical construction) of the Project, the Subdivider shall be responsible for providing water infrastructure (temporary or permanent) capable of Conditions of Approval
Tracy Hills Phase 2 – Vesting Tentative Subdivision Map Application Number TSM20-0003
October 19, 2021
delivering adequate fire flows and pressure appropriate to the various stages of construction and as approved by the Fire Marshall.

C.2.6.3 Prior to approval of each Final Map, the Subdivider shall submit calculations and improvement plans as required by the Fire Marshall and the City Engineer, and obtain a letter from the Fire Marshall that the fire flow parameters per Tracy Design Standards Section 6.02 are met for the phased
construction of water lines to the satisfaction of the Fire Marshal.

C.2.6.4 The Subdivider shall complete design and construction of one Zone 5/6 at-grade water storage tank with a holding capacity of at least 2.57 MG and water transition mains as necessary to serve the Project and in accordance the Water Study and City Regulations. These improvements are required to be complete and operational before the final inspection of the first residential building within the Project, unless an earlier time of completion is required to comply with Condition C.2.6.2. above.

All costs related to the design and construction of the water tanks and associated improvement are the responsibility of the Subdivider. Before approval of first Final Map within the Project, the Subdivider shall execute a Deferred Improvement Agreement (DIA) to address timing, scope of work and
funding responsibilities. Subdivider may request formation of Benefit District for the water tanks and associated
improvements per Condition C.10.4.

C.2.6.5 Subdivider shall install 12-inch and 16-inch recycled water mains in Lammers Road as required to serve the Project and as shown on Figures 9-2 and G-D1 in the draft (2020) Water System Master Plan Update. An approximately 1,150-foot
segment of 16-inch recycled water main in Lammers Road
under I-580 between the portions of Lammers Road north and south of the freeway will not be constructed with the interim two-lane Lammers Road undercrossing. Timing of the future installation of the above approximately 1,150-foot segment 16-inch recycled water main is to be determined by the City Engineer.

Initially, the recycled water main will be connected to a potable water supply (with a stub in place to future recycled water) as approved by the City until the program backbone recycled water facilities are in place. Once the recycled water system network is online the recycled water distribution main in Lammers Road will be disconnected from the potable water Conditions of Approval
Tracy Hills Phase 2 – Vesting Tentative Subdivision Map Application Number TSM20-0003
October 19, 2021
system and connected to the recycled water system.

C.2.6.6 Domestic and Irrigation Water Services – The HOA will be responsible for the repair and maintenance of all valves, fittings on services related to landscaping on all parcels to be owned by HOA and within HOA easements.

C.2.6.7 Where pressures at individual water servic es will be 80 psi or more, the Subdivider shall provide pressure reducing valves at the location approved by the City Engineer . The design operation of the individual pressure reducing valves for services shall be subject to approval by the Building Official.

C.2.6.8 Fire Service Line – The Subdivider shall design and install fire hydrants at the locations approved by the Fire Marshall.

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

C.2.7 Roadway Improvements
C.2.7.1 Subdivider is required to design and construct all applicable on-site, frontage and off -site roadway improvements to serve the Project as identified in the Traffic Study, EIR and these Conditions of Approval. All improvements shall comply with City Regulations, and Tracy Hills Design Standards and Specific Plan Amendments. Such improvements shall
include, but are not limited to, roadways, water distribution system, sewer system, storm drainage systems, curb and
gutter, sidewalks, street lighting system, traffic signa ls, ITS systems, pavement and crosswalk striping, bicycle lanes and trails, roadway signage and street signs, fire hydrants, median islands, turn lanes, landscaping, and all necessary related improvements as required by the City. Timing of completion of roadway improvements shall comply with
these Conditions of Approval and as outlined in the
Mitigation Measures listed in the EIR.

In the case of a discrepancy between the information shown on the Vesting Tentative Subdivision Map (“ VTSM”) and/or Specific Plan Amendment and the right-of-way and street improvement requirements in the Traffic Study, the Traffic Study shall govern unless determined otherwise by the City Engineer.

C.2.7.2 Lammers Road and Other In-tract Streets – Right-of-Way Conditions of Approval
Tracy Hills Phase 2 – Vesting Tentative Subdivision Map Application Number TSM20-0003
October 19, 2021
The Subdivider shall dedicate all rights -of-way that are necessary to construct Lammers Road, between Tracy Hills Drive and Corral Hollow Road, and all the in-tract streets, based on their respective cross sections shown on the
VTSM and in accordance the Traff ic Study, with the Final Map for the respective phase. The width of travel lanes , turn lanes, street median, landscaping strip s and sidewalks shall be in accordance with the VTSM and the Traffic Study.

C.2.7.3 Lammers Road and Other In-tract Streets – Improvements Design and construction details f or Lammers Road, between Tracy Hills Drive and Corral Hollow Road, and the i n-tract streets such as asphalt concrete pavement, curb, gutter, median curb, sidewalks, street lights, fire hydrants,
landscaping with automatic irrigation system, storm drain s, catch basin and drop inlets, sanitary sewer main s and
laterals, water mains, individual water service s and meters, pavement marking and striping, traffic sign s, driveways, curb ramps and all other street improvements shall comply with VTSM, Traffic Study and City Regulations, and sh all be shown on the Improvement Plans. Interim improvements
under I-580 include 5’ wide sidewalk on east side only.

Improvements along Lammers Road and certain in -tract
streets shall also include Class I bikeways or Class II bike lanes in accordance with the VTSM and Traffic Study.

Interim improvements under I -580 do not include Class 1 bikeway or Class II bike lanes.

Lammers Road and Street B improvements adjace nt to the school site on Lot H shall be constructed in accordance with the VTSM and Traffic Study and are subject to the review and approval of the Jefferson School District.

C.2.7.4 Corral Hollow Road - Right of Way
Per the TMP and SPA, Corral Hollow Road will be a 4 -lane major arterial roadway with 11’ wide raised median,
sidewalk/Class I bikeway on west side and landscaping
between I-580 and Lammers Road and 2 -lane arterial with sidewalk/Class I bikeway on west side and landscaping
south of Lammers Road to the Project boundary. The
Subdivider shall dedicate all rights-of-way along the Project frontage necessary for the widening of Corral Hollow Road per TMP and including any additional right -of-way required for the construction of roundabout improvements, turn lanes and transitions at the intersection of Corral Hollow Road and Conditions of Approval
Tracy Hills Phase 2 – Vesting Tentative Subdivision Map Application Number TSM20-0003
October 19, 2021
Lammers Road in accordance with the VTSM and Traffic
Study.

The width of travel lanes , turn lanes, street median,
landscaping strips and sidewalks shall be in accordance with the VTSM and the Traffic Study.

The Subdivider may be eligible for f ee Credits and/or
reimbursements for right-of-way dedication beyond Project’s frontage obligation per the TMP requirements. Temporary or interim improvements are not eligible for fee credits or reimbursements.

C.2.7.5 Corral Hollow Road - Improvements
Design and construction details f or Corral Hollow Road such as asphalt concrete pavement, curb, gutter, median curb, sidewalks, street lights, fire hydrants, landscaping with automatic irrigation system, storm drain s, catch basin and drop inlets, pavement marking and striping, traffic sign s, curb ramps and all other street improvements shall comply with VTSM, SPA, Traffic Study and City Regulations, a nd shall be shown on the Improvement Plans.

Improvements along Corral Hollow Road shall also include Class I bikeway in accordance with the VTSM and Traffic Study.

C.2.7.6 Subdivider shall prepare improvement plans for Lammers Road and Corral Hollow Road improvements and obtain
approval by the City Engineer . The timing and scope of the improvements to be shown on the improvement plans for
Lammers Road and Corral Hollow Road shall be as
determined by the City Engineer.

In order to guarantee completion of the Lammers Road and Corral Hollow Road Improvements , the Subdivider shall
enter into an improvement agreement ( SIA or OIA) and post an improvement security in the amounts and form in
accordance with section 12.36.080 of the TMC and as
required by these Conditions of Approval. The Subdivider shall submit the signed and notarized SIA or OIA with the necessary improvement security at the time of approval of the Final Map that triggers the need for improvements as determined by the City Engineer .

C.2.7.7 For any Corral Hollow Road Improvements considered frontage improvements (such as Subdivider’s Frontage
Obligation per the TMP and landscape improvements behind Conditions of Approval
Tracy Hills Phase 2 – Vesting Tentative Subdivision Map Application Number TSM20-0003
October 19, 2021
the curb) and improvements within Caltrans right -of-way at I- 580/Corral Hollow Road interchange that are not
constructed or security posted with OIA at the time of
approval of the first Final Map, the Subdivider shall enter into a DIA with the City.

The Subdivider shall submit the signed and notarized DIA before approval of the first Final Map within the Project. The Subdivider shall post improvement security in the amounts and form in accordance with TMC section 12.36.080 at the times specified in the DIA.

C.2.7.8 Roadway Improvement Obligations per Traffic Study The following roadway, intersection and interchange
improvements are to be constructed by the Project:
a. I-580 & CORRAL HOLLOW ROAD RAMP TERMINALS.

Subdivider shall construct the I-580/Corral Hollow Road interchange improvements in accordance with the TMP,
EIR and Traffic Study. Per the Traffic Study, interchange improvements are required to be completed prior to
occupancy of the first residential unit within the Project because the interchange is already operating at a deficient level of service. Subdivider shall, in collaboration with the City Engineer and Caltrans, commence with the
engineering design for the interchange improvements and initiate the Caltrans review, approval and permitting
process no later than ninety (90) calendar days following approval of the Vesting Tentative Subdivision Map
(“VSTM”) for the Project.

If the Subdivider is unable to complete construction of the interchange prior to occupancy of the first residential unit, primarily as a consequence of the Caltrans approval and permitting process, City may issue occupancy permits
including and beyond the first residential unit provided that the Subdivider has, to the reasonable satisfaction of the City Engineer, diligently pursued its efforts to obtain the required Caltrans permits and complete construction of the interchange improvements and has collaborated closely
with City staff in this effort.

Funding of these improvements are the primary
responsibility of the developer per the Tracy Municipal Code, the EIR, and the City’s TMP. However, some
funding may be provided in accordance with the
Settlement Agreement and Development Agreement.

Conditions of Approval
Tracy Hills Phase 2 – Vesting Tentative Subdivision Map Application Number TSM20-0003
October 19, 2021
Funding sources may also include other regional
transportation funds and/or grants that may become
available, subject to eligibility and approval by the City and other approving agencies. Developer will be eligible for fee credits in accordance with Tracy Municipal Code
provisions and Development Agreement.
b. LAMMERS ROAD - BETWEEN TRACY HILLS DRIVE AND
CORRAL HOLLOW ROAD.

Subdivider shall construct Lammers Road between Tracy
Hills Drive and Corral Hollow Road in accordance with the TMP, Traffic Study and per Conditions C.2.7.2 and
C.2.7.3.
c. CORRAL HOLLOW ROAD/LAMMERS ROAD INTERSECTION.

Concurrent with the construction of Lammers Road
between Tracy Hills Drive and Corral Hollow Road as
described above and in Condition C.2.7.3, the Subdivider shall construct the Corral Hollow Road and Lammers Road intersection improvements, consisting of a two-lane
roundabout and all associated improvements.
d. CORRAL HOLLOW ROAD WIDENING - FROM LINNE ROAD
INTERSECTION TO THE AQUEDUCT.

Subdivider shall widen Corral Hollow Road to provide two lanes in each direction, including pedestrian and bicycle facilities, from the southern terminus of bridge crossing the California Aqueduct to the Linne Road intersection, including canal crossings, in accordance with the adopted Corral Hollow Road Precise Plan, the TMP, and the
Traffic Study.

Construction of the above Corral Hollow Road Widening
improvements shall commence upon or prior to the final
inspection of the two thousand six hundredth (2,600th)
dwelling unit within the project boundary (as defined in the Development Agreement).
e. CORRAL HOLLOW ROAD - I-580 TO LAMMERS ROAD.

Subdivider shall widen Corral Hollow Road to provide two lanes in each direction, including pedestrian and bicycle facilities, between I -580 and Lammers Road in
accordance with the TMP, SPA, Traffic Study and
Conditions C.2.7.4 and C.2.7.5.

Conditions of Approval
Tracy Hills Phase 2 – Vesting Tentative Subdivision Map Application Number TSM20-0003
October 19, 2021
C.2.7.9 The Subdivider shall construct an all-whether, emergency vehicle access across Lot CC as shown on the VTSM and in accordance with South San Joaquin County Fire Authority requirements.

C.2.7.10 Bus shelters on Lammers Road
The bus shelters (and turnouts if deemed necessary by the City) shall be constructed as part of the Lammers Road
Improvements. Up to three bus shelters shall be placed on each side of Lammers Road between Corral Hollow Road
and I-580 at the locations to be determined by the City Engineer. Timing of construction of bus shelters will be determined in the future based on the extensi on of
TRACER’s Fixed Route to serve the Project. In order to
assure completion of construction of the bus shelters, the Subdivider may either enter into a DIA with security, or pay to the City the estimated cost for up to six bus shelters at the time of approval of the first Final Map within the Project.

C.2.7.11 Traffic Control Plan
Before starting any work within the project, the Subdivider shall submit a Traffic Control Plan for each phase of work, to show the method and type of construction signs to b e used for regulating traffic at the work areas and within existing streets accessing the work areas. The Traffic Control Plan shall be prepared by a Civil Engineer or Traffic Engineer licensed to practice in the State of California.

C.2.7.12 Encroachment Permit
Before starting any work to be performed and improvements to be constructed within City’s right -of-way, the Subdivider shall obtain an Encroachment Permit from the City. The
Subdivider or its authorized representative shall submit all documents that are required to process the Encroachment Permit including but not limited to, approved Improvement Plans, Traffic Control Plan, payment of engineering review fees, copy of the Contractor’s license, Contractor’s Tracy business license, and certificate of insurance naming the City of Tracy as additional insured or as a certificate holder.

C.2.7.13 Dead-End Streets
A standard barricade and guardrail with appropriate traffic sign will be required at street ends. Alternatively,
turnarounds/ hammerheads meeti ng the requirements of
Fire Marshall shall be provided at the dead -end streets.

Conditions of Approval
Tracy Hills Phase 2 – Vesting Tentative Subdivision Map Application Number TSM20-0003
October 19, 2021
C.2.7.14 All intersections shall be designed to accommodate fire truck movements as required by the Fire Department.

C.2.7.15 Subdivider must provide and verify sight distances, where applicable, with regard to intersections, reverse lots and fence placements as required by the City Engineer.

C.2.8 EIR Mitigation Measures
The EIR identifies Project impacts that are to be mitigated by the Subdivider. The mitigation measures are summarized in the Mitigation, Monitoring and Reporting Matrix contained in the EIR as referenced under Item C.1.1.c above. Subdivider shall comply with all applicable mitigation measures as outlined in the EIR.

C.2.9 Neighborhood and Community Parks
C.2.9.1 The Subdivider shall offer for dedication Parcels “G”, “M”, “P” and “Q” for neighborhood park purposes and Parcel “N” for community park purposes on the Final Map that
corresponds to the timing of completion of respective parks as identified in the Planning Department’s Conditions of Approval.

The Subdivider shall design and construct the park
improvements consistent with the Tracy Hills Specific Plan, Specific Plan Amendment , Development Agreement and
City Regulations. The Subdivider shall be eligible for park fee credits in accordance with the Title 13 of the TMC and the Park Improvement and Reimbursement Agreement
(“PI&RA”) and Development Agreement.

C.2.9.2 The Subdivider shall submit park improvement plans, signed and notarized PI&RA, and Improvement Security in the
amount and type specified in the City Regulations at the time of approval of the Final Map that corresponds to the timing of completion of the park improvemen ts specified in Planning Division’s Conditions of Approval or at such time as may be specified in the Deferred Improvement
Agreement.

C.2.10 Public Utility Easements
C.2.10.1 Undergrounding of Overhead Utilities. Any existing overhead lines and poles wi thin the Project boundaries shall be removed or undergrounded.

C.2.10.2 All private utility services to serve the Project such as electric, telephone and cable TV to the building must be Conditions of Approval
Tracy Hills Phase 2 – Vesting Tentative Subdivision Map Application Number TSM20-0003
October 19, 2021

installed underground, within right-of-way or a dedicated Public Utility Easement (PUE) and at the location approved by the City and the respective owner(s) of the utilities.

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

Underground utility conduits may be installed under the sidewalks, and underground boxes and structures may be
located in the landscaped parkway next to the curb. All above-ground boxes and facilities shall be behind the
sidewalk and within the PUE. P op-outs to provide additional width of PUE where required to accommodate larger above - ground structures will be permitted subject to review and approval by Public Works Director and the City Engineer.

Before approval of the first Final Map, the Subdivider shall complete the necessary coordination work with the
respective owner(s) of the utilities for approval.

C.2.10.3 Public Utility Easements on side yard lots shall be adjusted in final neighborhood designs based on actual joint trench design requirements.

C.2.11 Crimson (formerly Shell) Crude Oil Pipeline Easement and Facilities

C.2.11.1 A minimum of 72-hours prior to the beginning of grading operations that may impact the existing Crimson
underground facilities within the Project, the Subdivider shall notify the appropriate person at Crimson of the impending work. Grading and improvements affecting Crimson facilities shall comply with applicable Crimson pipeline encroachment permit and construction specifications.

C.2.11.2 The Subdivider shall notify in writing the future buyers of lots about the existing Crimson crude oil pipeline and any
requirements or restrictions r elating to the existence of the pipeline as required by Crimson, State or Federal
regulations .The Disclosure Statement(s) shall be made part of the Sale Deeds and recorded in compliance with the
applicable law.

C.3 Final Map

The City will not approve any Final Map until the Subdivider demonstrates, to the satisfaction of the City Engineer, that all the requirements set forth in these Conditions of Approval are completed, including, but not limited to the following:

Conditions of Approval
Tracy Hills Phase 2 – Vesting Tentative Subdivision Map Application Number TSM20-0003
October 19, 2021
C.3.1 Subdivider has submitted one reproducible (mylar) copy of the approved tentative subdivision map for the Project after Subdivider’s receipt of a notification of approval of the Tentative Subdivision Map.

The signature of the owner of the Property on the Tentative Subdivision Map shall indicate the owner’s consent to the preparation of the Tentative Subdivision Map and the proposed subdivision of the Property.

C.3.2 Each Final Map is prepared in accordance with the applicable requirements of the Tracy Municipal Code, these Conditions of Approval, all other applicable City Regulations, and in substantial conformance with the Tentative Subdivision Map.

C.3.3 Each Final Map includes and shows offer(s) of dedication of all right(s)- of-way and/or temporary or permanent easement(s) required by the Improvement Plans and Final Map, in accordance with City Regulations and these Conditions. If construction easement(s) is/are shown, it/they shall indicate the termination date of the construction easement(s).

C.3.4 Horizontal and vertical control for the Project shall be based upon the City of Tracy coordinate system and at least three 2nd order Class 1 control points establishing the "Basis of Bearings" and shown as such on the Final Map. The Final Map shall also identify surveyed ties from two of the horizontal control points to a minimum of two separate points adjacent to or within the Property described by the Final Map.

C.3.5 Subdivider has submitted a signed and stamped Engineer’s Estimate that show construction cost of subdivision improvements that are described in Conditions C.2 above plus 10% for construction contingencies.

C.3.6 Subdivision Improvement Agreement.

Before the City’s approval of any Final Map, the Subdivider shall execute a Subdivision Improvement Agreement (for the public facilities required to serve the real property described by the Final Map) and post all required improvement security in accordance with City Regulations.

C.3.7 Final Map Phasing Plan
Prior to Subdivider’s submittal to the City of the first Final Map for City approval, Subdivider shall submit for the City Engineer’s review and reasonable approval a phasing plan for the submittal of all Final Maps to be filed for this Vesting Tentative Subdivision Map. The phasing plan may be subject to subsequent modifications based on market conditions, the rate of development, and Subdivider’s disposition of the parcels created by the Final Maps.

C.3.8 Deferred Improvement Agreement
Conditions of Approval
Tracy Hills Phase 2 – Vesting Tentative Subdivision Map Application Number TSM20-0003
October 19, 2021
Prior to the City’s approval of the first Final Map within the Project, the Subdivider shall execute a Deferred Improvement Agreement, in substantial conformance with the City’s standard form agreement, by which (among other things) the Subdivider agrees to complete construction of all remaining public facilities (to the extent the public facilities are not included in the Subdivision Improvement Agreement) which are required by these Conditions of Approval. The Deferred Improvement Agreement shall identify timing requirements for construction of all remaining public facilities, in conformance with the phasing plan submitted by the Subdivider and approved by the City Engineer. The form and amount of Improvement Security shall be in accordance with the DIA and Section 12.36.080 of the TMC.

C.3.9 Off-Site Improvement Agreement
Prior to the City’s approval of the first Final Map within the Project, or as otherwise provided for in a Deferred Improvement Agreement, the Subdivider shall execute an Off-Site Improvement Agreement, in substantial conformance with the City’s standard form agreement, to guarantee completion of the identified public improvements that are necessary to serve the Project as required by these Conditions of Approval. The form and amount of Improvement Security shall be in accordance with the OIA and Section 12.36.080 of the TMC.

C.3.10 Improvement Security.

The Subdivider shall provide improvement security for all public facilities as required by Subdivision Improvement Agreement, Offsite Improvement Agreement or Deferred Improvement Agreement. The form of the improvement security may be a surety bond, letter of credit or other form in accordance with City Regulations. The amount of the improvement security shall be as follows:

C.3.10.1 Faithful Performance (100% of the estimated cost of constructing the public facilities),
C.3.10.2 Labor & Material (100% of the estimated cost of constructing the public facilities), and
C.3.10.3 Warranty (10% of the estimated cost of constructing the public facilities)
C.3.10.4 Monumentation ($750 multiplied by the total number of street centerline monuments that are shown on the Final Map)
C.3.11 Subdivider has paid engineering review fees including improvement plan checking, final map review, agreement processing, and all other fees required by these Conditions of Approval and City Regulations.

Conditions of Approval
Tracy Hills Phase 2 – Vesting Tentative Subdivision Map Application Number TSM20-0003
October 19, 2021
C.3.12 Subdivider has submitted technical or materials specifications, cost estimate, and technical reports related to the design of improvements that are shown on the Improvement Plans and as required by these Conditions.

C.3.13 Subdivider has submitted hydrologic and storm drainage calculations for the design and sizing of in-tract storm drainage pipes located within the Project.

C.3.14 Subdivider has submitted signed and stamped Improvement Plans as required in Condition C.2 above.

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

C.4.1 Grading and Drainage Plans prepared on a 24” x 36” size polyester film (mylar). Grading and Drainage Plans shall be prepared under the supervision of, and stamped and signed by a Registered Civil Engineer.

C.4.2 Payment of the applicable Grading Permit fees which include grading plan checking and inspection fees, and other applicable fees as required by these Conditions of Approval.

C.4.3 Three sets of the Storm Water Pollution Prevention Plan (SWPPP) identical to the reports submitted to the State Water Quality Control Board (SWQCB) and any documentation or written approvals from the SWQCB including a copy of the Notice of Intent (NOI) with the state- issued Wastewater Discharge Identification number (WDID). After the completion of the Project, the Subdivider is responsible for filing the Notice of Termination (NOT) required by SWQCB, and shall provide the City, a copy of the completed Notice of Termination.

C.4.4 Cost of preparing the SWPPP, NOI and NOT including the annual storm drainage fees and the filing fees of the NOI and NOT shall be paid by the Subdivider. The Subdivider shall comply with all the requirements of the SWPPP and applicable Best Management Practices (BMPs) and the Storm Water Regulations adopted by the City in 2008 and any subsequent amendment(s), and the City Regulations.

C.4.5 Two sets of the Project’s Geotechnical Report signed and stamped by a licensed Geotechnical Engineer licensed to practice in the State of California. The technical report must include relevant information related to soil types and characteristics, soil bearing capacity, Conditions of Approval
Tracy Hills Phase 2 – Vesting Tentative Subdivision Map Application Number TSM20-0003
October 19, 2021
percolation rate, roadway section construction recommendations and elevation of the highest observed groundwater level.

C.4.6 A copy of the Approved Fugitive Dust and Emissions Control Plan that meets San Joaquin Valley Air Pollution Control District (SJVAPCD) as required in Mitigation Monitoring and Reporting Program of the Tracy Hills Specific Plan Final Environmental Impact Report (TH-EIR).

C.4.7 Two sets of Hydrologic and Storm Drainage Calculations for the design of the on-site storm drainage system shall be provided with the submittal of the Improvement Plans. Partial submittal of Hydrologic and Storm Drainage Calculations may be required for Grading Plan review at the discretion of the City Engineer.

C.4.8 Reasonable written permission from irrigation district or affected owner(s), if applicable. The cost of relocating and/or removing irrigation facilities and/or tile drains is the sole responsibility of the Subdivider.

C.4.9 Written approval(s) or permit(s) obtained from San Joaquin County regarding the removal and abandonment of any existing well(s), if applicable. All existing on-site wells, if any, shall be abandoned or removed in accordance with the City and San Joaquin County requirements. The Subdivider shall be responsible for all costs associated with the abandonment or removal of the existing well(s) including the cost of permit(s) and inspection.

C.4.10 Improvement Plans prepared on a 24” x 36” size 4-mil thick polyester film (mylar) that incorporate all the requirements described in these Conditions of Approval. Improvement Plans shall be prepared under the supervision of, and stamped and signed by a Registered Civil, Traffic, Electrical, Mechanical Engineer, and Registered Landscape Architect for the relevant work.

C.4.11 Two sets of structural calculations for drainage structures and retaining walls within street right-of-way and retention basins signed and stamped by a Structural Engineer licensed in the State of California shall be submitted to the Building Safety Division at the time of building permit application for said structures.

C.4.12 Check payment for the applicable engineering review fees which include plan checking, permit and agreement processing, testing, construction inspection, and other applicable fees as required by these Conditions of Approval. The engineering review fees will be calculated based on the current fee rate adopted by the City Council.

C.4.13 Traffic Control Plan for each phase signed and stamped by a Registered Civil Engineer or Traffic Engineer licensed in the State of California.

Conditions of Approval
Tracy Hills Phase 2 – Vesting Tentative Subdivision Map Application Number TSM20-0003
October 19, 2021
C.4.14 As required per Mitigation Measure 4.8-2a of the EIR, the Subdivider shall submit, prior to issuance of grading permits, a Phase II ESA focused on soil sampling conducted near the location of the underground crude oil pipelines, as determined by a qualified Phase II/Site Characterization specialist.

C.4.15 As required per Mitigation Measure 4.8-2b of the EIR, prior to issuance of grading permits, the Subdivider shall work with Crimson to implement and observe a site damage prevention plan to the satisfaction of the City of Tracy Engineering Division.

C.4.16 Grading Permit Security to guarantee completion of the grading improvements that are necessary to serve the Project as required by these Conditions of Approval. The form and amount of Grading Permit Security shall be in accordance with Section 12.36.080 of the Tracy Municipal Code (TMC).

C.5 Building Permit
The City will not approve any building permit within the Project boundaries, (except for up to ten model homes and except for a plumbing permit issued for the purpose of perfecting a RGA) until a Final Map is approved by the City Council and it is recorded at the San Joaquin County Recorder’s Office, and the Subdivider demonstrates, to the reasonable satisfaction of the City Engineer, compliance with all the required Conditions of Approval and payment of fees in accordance with the Fee Deferral Agreement including but not limited to the following:

C.5.1 Payment of the applicable current City-Wide Roadway and Traffic, Water, Recycled Water, Wastewater, Storm Drainage, Public Safety, Public Facilities, and Park Development Impact Fees as these relate to the Project and as required by these Conditions of Approval.

C.5.2 Payment of applicable Regional Transportation Impact Fees (RTIF) as required in the Mitigation, Monitoring and Reporting Program of the EIR, these Conditions of Approval, and the Settlement Agreement.

C.5.3 Payment of any applicable Agricultural Mitigation Fee as required in Chapter 13.28 of the Tracy Municipal Code and Mitigation Measure AG

4.2.1 of the EIR and these Conditions of Approval.

C.5.4 Payment of the San Joaquin County Facilities Fees as required in Chapter 13.24 of the TMC.

C.6 Final Building Inspection
The City will not perform final building inspection (except for model homes) until after the Subdivider provides documentation which demonstrates, to the reasonable satisfaction of the City Engineer, that:

Conditions of Approval
Tracy Hills Phase 2 – Vesting Tentative Subdivision Map Application Number TSM20-0003
October 19, 2021
C.6.1 The Subdivider has completed construction of all public facilities required to serve the building for which a certificate of occupancy is requested, or a final building inspection has to be performed unless otherwise defined herein. Unless specifically provided in these Conditions, or the City Regulations, the Subdivider shall take all actions necessary to construct all public facilities required to serve the Project, and the Subdivider shall bear all costs related to construction of the public facilities (including all costs of design, construction, construction management, plan check, inspection, land acquisition, program implementation, and contingency).

C.7 Temporary or Final Building Certificate of Occupancy No Final Building Inspection shall be performed or a Temporary or Final Building Certificate of Occupancy will be issued by the City (except for model homes) until after the Subdivider provides reasonable documentation which demonstrates, to the satisfaction of the City Engineer, that:

C.7.1. The Subdivider has satisfied all the requirements set forth in these Conditions of Approval.

C.7.2 The Subdivider has completed construction of all required public facilities for the building for which a certificate of occupancy is requested, unless otherwise defined herein. Unless specifically provided in these Conditions of Approval, or some other applicable City Regulations, the Subdivider shall use diligent and good faith efforts in taking all actions necessary to construct all public facilities required to serve the Project, and the Subdivider shall bear all costs related to construction of the public facilities (including all costs of design, construction, construction management, plan check, inspection, land acquisition, program implementation, and contingency).

C.8 Acceptance of Public Improvements
Public improvements will not be considered for City Council’s acceptance until after the Subdivider demonstrates to the reasonable satisfaction of the City Engineer, completion of the following:

C.8.1 All the public improvements shown on the Improvement Plans are completed and all the deficiencies listed in the deficiency report prepared by the assigned Engineering Inspector are all corrected.

C.8.2 Subdivider has completed the 90-day public landscaping maintenance period.

C.8.3 Subdivider has submitted Certified “As-Built” Improvement Plans (or Record Drawings). Upon completion of the construction by the Subdivider, the City shall temporarily release the originals of the Improvement Plans to the Subdivider so that the Subdivider will be able Conditions of Approval
Tracy Hills Phase 2 – Vesting Tentative Subdivision Map Application Number TSM20-0003
October 19, 2021
to document revisions to show the "As Built" configuration of all improvements.

C.8.4 Where applicable, signed and notarized Grant Deed(s) with legal description(s) and plat maps for the offer of dedication of right-of-way, and Grant of Easements as required per these Conditions of Approval and City Regulations, or dedications shown on the Final Map.

C.9 Release of Improvement Security
City will release Improvement Security(s) to the Subdivider after City Council’s acceptance of public improvements, both on-site and off-site, in accordance with TMC section 12.36.080, upon written request and submittal of the recorded Notice of Completion.

C.10 Special Conditions
C.10.1 All streets and utilities improvements within City’s right-of-way shall be designed and constructed in accordance with City Regulations, except as otherwise specifically approved in the Tracy Hills Specific Plan.

C.10.2 When street cuts are made for installation of utilities, the Subdivider is required to install 2 inches thick asphalt concrete overlay with reinforcing fabric at least 25-feet from all sides and for the entire length of the utility trench. A 2-inch deep grind on the existing asphalt concrete pavement will be required where the asphalt concrete overlay will be applied and shall be uniform thickness in order to maintain current pavement grades, cross and longitudinal slopes. If the utility trench extends beyond the median island, the limit of asphalt concrete overlay shall be up to the lip of existing gutter located along that side of the street.

C.10.3 All improvement plans shall contain a note stating that the Subdivider (or Contractor) will be responsible to preserve and protect all existing survey monuments and other survey markers. Any damaged, displaced, obliterated or lost monuments or survey markers shall be re-established or replaced by a licensed Land Surveyor at the Subdivider’s (or Contractor’s) sole expense. A corner record must be filed in accordance with the State law for any reset monuments (California Business and Professions Code Section 8871).

C.10.4 Benefit District
The Subdivider may make a written request to the City for the formation of a Benefit District before the approval of the final map and improvement plans for the public facility(s) considered to be oversized that benefits other property(s) or development(s). Reimbursement request(s) will be processed in accordance with TMC Chapter 12.60.

Conditions of Approval
Tracy Hills Phase 2 – Vesting Tentative Subdivision Map Application Number TSM20-0003
October 19, 2021
C.10.5 The CFD or HOA shall include future costs of maintenance including PG&E charges for all new streetlights to be installed by the Project.

C.10.6 Nothing contained in these Conditions shall be construed to permit any violation of City Regulations. Subject, however, to City Regulations, this Condition does not preclude the City from requiring pertinent revisions and additional requirements to the final map, improvement agreements, and improvement plans, before the City Engineer’s signature on the final map and improvement plans, if the City Engineer finds it necessary due to public health and safety reasons. (Government Code section 66498.6.) The Subdivider shall bear all the cost for the inclusion, design, and implementations of such additions and requirements, without reimbursement or any payment from the City.

City of Tracy – Inspection Improvement Agreement
Corral Hollow Road Widening Improvements at Tracy Hills Phase 2 Frontage EXHIBIT “C”
Authorized Representative Contact Information
Initial Contact Information for Developer’s Authorized Representative:

Bridget Koller
Lennar Homes of California, LLC
2603 Camino Ramon, Suite 525
San Ramon, CA 94583
(925) 242-0811
[email protected]

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

Y CITY COUNCIL
RES
OLUTION 2023-_____
APPRO

VING THE INSPECTION IMPROVEMENT AGREEMENT BETWEEN

CITY AND LENNAR HOMES OF CALIFORNIA, LLC FOR CORRAL HOLLOW ROAD WIDENING IMPROVEMENTS AT TRACY HILLS PHASE 2 FRONTAGE WHER
EAS, on October 19, 2021, the City Council adopted the Tracy Hills Specific Plan Amendment for Tracy Hills Phase 2 and approved various related land use entitlements, including that certain Vesting Tentative Subdivision Map for Tract 4057, Tracy Hills Phase 2, processed under Application No. TSM20-0003 and approved by Resolution No. 2021-154; and WHER
EAS, the Corral Hollow Road Widening Improvements are part of the public improvements that are required to be designed and constructed by the Developer, Lennar Homes of California, LLC, under the Conditions of Approval for the Vesting Tentative Subdivision Map for Tracy Hills Phase 2; and
WHER
EAS, the Developer has submitted improvement plans for said improvements, filed under Tracking No. ENG22-0006, which are currently under review by the City Engineer but are not yet approved, and include the plans entitled “Improvement Plans, Corral Hollow Road Widening, Phase 2 Frontage;” and
WHER
EAS, in order to meet its development schedule, developer intends to commence construction of the required public improvements based on the partially approved submitted plans before the City completes its review and approval of the plans, in accordance with the terms and conditions of the Inspection Improvement Agreement; and WHER
EAS, Developer acknowledges and agrees that it will be proceeding with the work at its sole and exclusive risk, and that if any of the work completed by developer under the Inspection Improvement Agreement does not conform, in the City Engineer’s determination, to the 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 WHER
EAS, the Inspection Improvement Agreement will be superseded by an Offsite 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 Offsite Improvement Agreement; and WHER
EAS, 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 2023-_____

Page 2 ends

RESOLVED: That the City Council of the City of Tracy hereby approves the Inspection Improvement Agreement between City and Lennar Homes of California, LLC for Corral Hollow Road Widening Improvements at Tracy Hills Phase 2 Frontage. * * * * *
* * * * * * * * *
The foregoing Resolution 2023-_____ was adopted by the Tracy City Council on the 7th day of February 2023 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
February 7, 2023
Agenda Item 1.H

RECOMMENDATION
Staff recommends that the City Council adopt two resolutions: (1) Approving a Professional Services Agreement with CH2M HILL Engineers, Inc. for the design of a recycled water booster pump station for the Recycled Water System Expansion Project (CIP 74168) for a term of five (5) months and a not to exceed amount of $1,240,000; and (2) Approving a Professional Services Agreement with CH2M HILL Engineers, Inc. for the design of recycled water pipelines for the Recycled Water System Expansion Project (CIP 74168) for a term of five (5) months and a not to exceed amount of $1,860,000.

EXECUTIVE SUMMARY
The California Department of Water Resources (DWR) has awarded an Urban and Multibenefit Drought Relief Grant to the City in the amount of $20 million for a Recycled Water System Expansion Project. Proposed improvements under the project include the construction and extension of the recycled water transmission pipeline within the streets right-of-way and the construction of a new booster pump station. Proposed improvements under the project also include the construction and extension of the recycled water transmission pipeline within the streets right-of-way and the construction of a new booster pump station. The project will also increase surface water availability to the City and farmers in both the Trac y Subbasin and southern San Joaquin Valley via the Central Valley Project (CVP) canal. The design of the project is required to be completed no later than July 1, 2023, per the grant agreement between DWR and the City. This agenda item r
equests authorization to enter into two separate PSA’s with CH2M HILL Engineers, Inc., for the design of a recycled water booster pump station and recycled water pipelines.

Consultant was selected through a Request for Proposal (RFP) process, to provide such services for a combined not-to-exceed amount of $3,100,000.

BACKGROUND AND LEGISLATIVE HISTORY
In 2020, the City completed a Recycled Water Project, funded by the State of California Proposition 84 Grant and City funds. The project involved the construction of a recycled water pipeline and pump station as part of the City’s Recycled Water Master Plan. The intent of the project was to replace landscape irrigation within the streets right-of-way, parks, schools and greenbelts from potable water to recycled water. The pump station is situated at the City’s existing wastewater treatment plant. The pipeline starts from this pump station and presently terminates at the southwestern side of the City to supply recycled water for irrigation purposes.

In 2022, DWR awarded an Urban and Multibenefit Drought Relief Grant to the City in the amount of $20 million for a Recycled Water System Expansion Project to extend the existing recycled water system to the far southern portions of the City. Th e scope of work for this project includes the construction of the recycled water transmission pipeline within the streets right-of-way and the construction of a new booster pump station. This project w
ill further extend this pipeline to replace use of potabl e water with the tertiary treated recycled for irrigation purposes in the far southern portions of the City. Use of recycled water would thus reduce the City’s potable water demand. In addition, the pipeline system may be used to supply the recycled water to the adjacent Byron Bethany Irrigation District farmers if needed. The City also plans to divert, mix, dilute, deliver, and exchange a portion of the recycled water at the City’s Water Treatment Plant through the Central Valley Project (CVP) for treatment and use equivalent amount of water for potable use.

ANALYSIS
On November 14, 2022, a Request for Proposal was posted on the City website. Only one proposal was received on December 12, 2022, from CH2M HILL Engineers, Inc. for the project. After careful review of their proposal, the City has determined that CH2M HILL Engineers, Inc. demonstrates a high degree of relevant experience and past performance in completing projects of similar type, size, and complexity in a satisfactory manner.

The fi
rst PSA pertains to the design of a recycled water booster pump station, aimed at boosting the recycled water to the higher elevations within the City, while the second PSA concerns the design of pipelines for the conveyance of the recycled water.

The design of the project is required to be completed no later than July 1, 2023, per the grant agreement between the Department of Water Resources and the City.

FISCAL IMPACT
The Recycled Water System Expansion (CIP 74168) is an approved project within the FY2022-23 Capital
Improvement Plan. Funding for the project comes from a grant from the Department of Water Resources. Sufficient funding exists to cover the cost of the agreement with CH2M HILL
Engineers, Inc.

PUBLIC OUTREACH/ INTEREST
No public outreach activity was conducted for this agenda item.

COORDINATION
No departments, agencies, and/or consultants, outside of CH2M HILL Engineers, Inc., were consulted with, for this
agenda item.

CEQA DETERMINATION
This agenda item is
exempt from CEQA requirements.

STRATEGIC PLAN
This agenda item is consistent with the City’s Quality of Life Strategy and meets the goals to ensure physical infrastructure and systems necessary for the del ivery of safe and clean water.

ACTION REQUESTED OF THE CITY COUNCIL
Staff recommends that the City Council adopt two resolutions: (1) Approving a Professional Services Agreement with CH2M HILL Engineers, Inc. for design services at the Lammers Road Pump Station for the Recycled Water System Expansion Project (CIP 74168 ) for a term of five (5) months and a not to exceed amount of $1,240,000; and (2) Approving a Agenda Item 1.H
February 7, 2023

Page 2 ends

Professional Services Agreement with CH2M HILL Engineers, Inc. for pipelines design services for the Recycled Water System Expansion Project (CIP 74168 ) for a term of five (5) months and a not to exceed amount of $1,860,000.

Pre
pared by: Lemar Saffi, Associate Engineer
Rev
iewed by: James A. Jackson, Operations & Utilities Director Sara Cowell, Finance Director
Midori Lichtwardt, Assistant City Manager
Appr
oved by: Michael Rogers, City Manager
Attachm
ents: A - PSA CH2M HILL Engineers, Inc. Lammers Road Pump Station Design B - PSA CH2M HILL Engineers, Inc. Pipelines Design
Agenda Item 1.H
February 7, 2023

Page 3 ends

City of Tracy -- Professional Services Agreement with CH2M HILL Engineers, Inc.

CITY OF TRACY
PROFESSIONAL SERVICES AGREEMENT WITH CH2M HILL Engineers, Inc. for Lammers Ro
ad Pump Station Design
Services for the Recycled Water Syste
m Expansion Project (CIP 7 4168)
This Professional Services Agreement (Agreement) is entered into between the City of Tracy, a municipal corporation (City), and CH2M HILL Engineers, Inc., a Delaware Corporation (Consultant).

City and Consultant are referred to individually as "Party" and collectively as "Parties." Recitals
A. City desires to retain Consultant to perform design services; and B. On November 14, 2022, the City issued a Request for Proposals (RFP) for Design Services for the City of Tracy Recycled Water System Expansion Project (Project). On December 12, 2022, Consultant submitted its proposal for the Project to the City. City has determined that Consultant possesses the skills, experience and certification required to provide the services.

C. After negotiations between the City and Consultant, the Parties have reached an agreement for the performance of services in accordance with the terms set forth in this Agreement.

D. This Agreement is being executed pursuant to Resolution No. 2023- __ approved by Tracy City Council on February 7, 2023.

Now therefore, the Parties mutually agree as follows:

2. Time of Performance. Time is of the essence in the performance of services under this Agreement and the timing requirements set forth shall be strictly adhered to unless otherwise modified in writing in accordance with this Agreement. Consultant shall begin performance, and shall complete all required services no later than the dates· set forth in Exhibit "A." Any services for which times for performance are not specified in this Agreement shall be started and completed by Consultant in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the Consultant. Consultant shall submit all requests for time extensions to the City in writing no later than ten days after the start of the condition which purportedly caused the delay, and not later than the date on which performance is due. City shall grant or deny such requests at its sole discretion.

2.1 Term. The term of this Agreement shall be shown in Exhibit A. Unless terminated in accordance with Section 6, this Agreement may be extended for an additional 1 year by the City Manager following a written determination that consultant has met the terms of this Agreement.

Page 1 of 19 ends

Attachment A
City of Tracy -- Professional Services Agreement with CH2M HILL Engineers, Inc.

3. Compensation. City shall pay Consultant on a time and expense basis, at the billing rates set forth in Exhibit "B," attached and incorporated by reference for services performed under this Agreement.

3.1 Not to Exceed Amount. Consultant's total compensation under this Agreement shall not exceed $1,240,000.

No work shall be performed by Consultant in excess of the total compensation amount provided in this section without the City's prior written approval.

3.2 Invoices. Consultant shall submit monthly invoice(s) to the City that describe the services performed, including times, dates, and names of persons performing the services.

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

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

The provisions of this section
survive completion of the services or the termination of this Agreement, and are not limited by the provisions of Section 5 relating to insurance.

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

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

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

Page 2 of 19 ends

Tracy City CouncilFebruary 7, 2023

Tracy City Council
February 7, 2023