Tracy City Council
February 21, 2023

WHEREAS, a core principle of Vision Zero is that people should not be killed or severely injured due to mobility; and
WHEREA
S, Vision Zero sets the goal of reducing traffic-related fatalities and severe injuries to zero - the only acceptable number; and
WHEREA
S, Vision Zero Network is a non-profit that is the nations’ leading voice and advocate for Vision Zero and there are currently 53 cities in the US that are officially members of this network with completed Vision Zero plans, 13 of which are in California; and WHEREA
S, many other cities in the US have developed Vision Zero plans or adopted resolutions to support Vision Zero goal but haven’t yet joined the Network; and WHEREA
S, California Department of Transportation (Caltrans) also adopted a policy on February 15, 2022, that commits to setting a vision to eliminate fatalities and serious injuries on California’s roadways by 2050 and provide safer outcomes for all communities; and WHEREA
S, it is recommended that in alignment with this global movement, and in solidarity with the adopted Caltrans policy, City should be setting a goal for attaining Vision Zero in the year 2050; now, therefore, be it

RESOLVED
: That the City Council of the City of Tracy, by resolution, hereby approves the Local Roadway Safety Plan and sets a Vision Zero goal for 2050. * * * * *
* * * * * * * * *
The foregoing Resolution 2023-_____ was adopted by the Tracy City Council on the 21st day of February 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 21, 2023
Agenda Item 1.F

REQUEST
Staff r
ecommends that the City Council adopt a resolution: (1) Approving a General Services Agreement with Sweeping Corp of America, LLC to provide street, alley, and parking lot sweeping services for an initial term of two (2) years and a total not to exceed amount $859,100 annually; (2) Authorizing the City Manager to execute the General Services Agreement, extensions up to five (5) years, and amendments to the Agreement; and (3) Appropriating $46,000 from the Solid Waste Fund (F531) to fund the Agreement for fiscal year 2023.

EXECUTIV

E SUMMARY
The Operations D
ivision is requesting Tracy City Council approval of a General Services Agreement to provide street, alley, and parking lot sweeping within the City of Tracy for a not-to- exceed annual amount of $859,100 with Sweeping Corp of America, LLC (“SCA”). Street sweeping services are needed to keep City streets clean and assist with storm water quality.

BACKGR

OUND AND LEGISLATIVE HISTORY
Street sweepi
ng services are performed throughout the City to maintain clean streets, alleys, and parking lots, and reduce debris entering the City’s storm drain system. The City of Tracy currently has an estimated 12,807 curb miles for streets and alleys and 770,628 parking lot square feet. Sweeping is completed every two weeks on all City streets, except for the downtown business district, which is swept twice a week. Select City paved alleys and parking lots are swept monthly.

The City cur
rently contracts with SCA for street sweeping services. The current contract expired on January 31, 2023. Staff issued a “Notice Inviting Bids” for street sweeping services in preparation of the end of the contract. The notice was published on December 6, 2022. One bid was received on January 9, 2023. SCA was the only responsive bidder.

ANALYSIS
The agreement incl
udes an annual not-to-exceed amount of $859,100. The annual not-to- exceed amount considers capacity for additional curb miles to be added during the life of this contract, a seven-year contract if all extensions are executed, extra scheduled work, emergency services and an estimated amount for vehicle posting notices. The annual amount for the first two years is $741,000. $691,000 is for sweeping and any additional call outs; estimated $50,000 for any additional City Council acceptance of new streets and a possible vehicle notice posting program.

Staff has taken
into consideration a possible pilot project for vehicle noticing prior to sweeping days. Note: to enact a street sweeping posting program, additional discussions with other City departments and City Council will need to occur.

Also inc
luded in the overall annual amount is the option for the vendor to request an annual Consumer Price Index (CPI) rate increase each year after the initial two years of the agreement.

Agenda Item 1.F
February 21, 2023

Any such increase shall not exceed 5% and is based on the CPI for Urban Wage Earners for Sacramento Area as published by the U.S. Department of Labor, Bureau of Labor Statistics.

This increase is an optional request and approved by the City in its sole discretion.

FISCAL IMPACT
An additional appropriation of $46,000 from the Solid Waste Fund (F531) is needed to fund the new contract through June 30, 2023.

STRATEGIC PLAN
Thi
s is a routine operational item and is not related to one of the City Council’s Strategic Plans.

ACTION REQUESTED OF THE CITY COUNCIL
Staff recommends that the City Counci l adopt a resolution: (1) Approving a General Services Agreement with Sweeping Corp of America, LLC to provide street, alley, and parking lot sweeping services for an initial term of two (2) years and a total not to exceed amount $859,100 annual
ly; (2) Authorizing the City Manager to ex ecute the General Services Agreement, ex
tensions up to five (5) year s, and amendments to the Agreement; and (3) Appropriating $46,000 from the Solid Waste Fund (F531) to fund the Agreement for fiscal year 2023.

Prepared By: Robin Kloepfer, Management Analyst
Reviewed By: James A. Jackson, Director of Operations & Utilities Sara Cowe
ll, Director of Finance
Midori Lichtwardt, Assistant City Manager
Approved by
: Michael Rogers, City Manager
Attachments
: A – GSA Sweeping Corp of America, LLC
Attachment A

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

TRACY CITY

COUNCIL
RESOL
UTION NO. _______________
(1) APPROVI NG A GENERAL SERVICES AGREEMENT WITH SWEEPING

CORP OF AMERICA, LLC TO PROVIDE STREET, ALLEY, AND PARKING LOT SWEEPING SERVICES FOR AN INITIAL TERM OF TWO (2) YEARS AND A TOTAL NOT TO EXCEED AMOUNT OF $859,100 ANNUALLY; AND
(2) AU THORIZING THE CITY MANAGER TO EXECUTE THE GENERAL SERVICES AGREEMENT, EXTENSIONS UP TO FIVE (5) YEARS, AND AMENDMENTS TO THE AGREEMENT; AND
(3) APPROPRIATING $46,000 FROM THE SOLID WASTE FUND (F531) TO FUND THE AGREEMENT FOR FISCAL YEAR 2023

WHEREAS
, s treet sweeping services are performed throughout the City of Tracy to maintain clean streets, alleys, and parking lots, and reduce debris entering the City’s storm drain system; and

WHEREAS
, the City currently has an estimated 12,807 curb miles for streets and alleys and 770,628 parking lot square feet; and

WHEREAS
, the City requires a vendor to provide street sweeping services throughout the City;

WHEREAS
, the City issued a Notice Inviting Bids to perform such services, and Sweeping Corp of America, LLC (SCA) was the only bidder; and

WHEREAS
, the City has reached an agreement with SCA to perform such services, for an initial term of two (2) years, an annual not-to-exceed amount of $859,100, and a potential extension of the term up to five (5) years (General Services Agreement); now, therefore, be it RESOL
VED: That the City Council hereby approves a General Services Agreement with Sweeping Corp of America, LLC to provide street, alley, and parking lot sweeping services for a term of two (2) years and a total not to exceed amount of $859,100 annually; and be it

FURTHER
RESOLVED: That the City County hereby authorized the City Manager to execute the General Services Agreement, extensions up to five (5) years, and amendments to the Agreement; and be it

FURTHER
RESOLVED: The City Council hereby appropriates $46,000 from the solid waste fund (F531) to fund the agreement for fiscal year 2023. * * * * * *
* * * * * * * *
Resolution 2023-

The foregoing Resolution 2023-_____ was adopted by the Tracy City Council on February 21, 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 21, 2023
Agenda Item 1.G

RECOMMENDATIO
N
Adopt a resolution declaring the intention to reimburse expenditures from proceeds of tax-exempt obligations to be issued by the City for and on behalf of City of Tracy Community Facilities District No. 2016-2 (ECFD).

EXECUTIVE SUMMARY
Federal tax law allows the City to use proceeds of tax-exempt debt to reimburse expenditures on capital projects that are made prior to issuance of the debt if the City has declared its intention to make such reimbursements. After consulting with bond counsel (Jones Hall, A Professional Law Corporation), staff recommends that the City make such a reimbursement declaration with respect to City of Tracy Community Facilities District No. 2016-2 (ECFD).

BACKGROUND AND LEGISLATIVE HISTORY
The City Council previously conducted proceedings under the Mello-Roos Community Facilities Act of
1982, as amended, to establish City of Tracy Community Facilities District No. 2016-2 (ECFD) (t
he “CFD”), an initial improvement area (Improvement Area No. 1) and a related future annexation area. The purpose of the CFD is to provide financing for capital facilities related to the Ellis project being developed by Surland Communities LLC (the “Facilities”), including through the issuance of federally tax-exempt bonds by the City for the CFD. In most cases, the bonds will finance the City’s acquisition of Facilities built by the Ellis developers, but sometimes the bonds will finance development impact fees to be used by the City or another public agency to construct
the Facilities.

The purpose of the future annexation area and the improvement areas is to establish a streamlined process whereby future phases of the Ellis project can annex into the CFD as they are ready to develop and, as a result, increase the bonding capacity of the CFD. Since the original formation, property in the future annexation area has annexed into the CFD as two additional improvement areas (Improvement Area No. 2 and Improvement Area No. 3) and staff anticipates an additional annexation into Improvement Area No. 4 in the near future.

The City previously issued bonds for the CFD with respect to Improvement Area No. 2 to finance Facilities, and staff anticipates seeking City Council approval for a bond financing for Improvement Area No. 3 in the near future.

Federal tax law allows the City to use proceeds of tax-exempt debt to reimburse expenditures on Facilities that are made prior to issuance of the debt if the City has declared its intention to make such reimbursements.

Staff recommends that the City declare the intention to reimburse itself or other public agencies, including the Jefferson School District, with tax-exempt bond proceeds for amounts expended on the Facilities prior to issuance of such bonds. Surland Communities LLC has asked the City to finance development impact fees (or mitigation payments) that the developer will pay to the Jefferson School District for construction of school facilities. Staff expects to ask Agenda Item 1.G
February 21, 2023

the City Council in the near future to approve an agreement among the City, the Jefferson School Dis
trict and Surland Communities LLC that will govern the financing of these development impact fees, including the reimbursement of prior expenditures made by Jefferson School District.

STRATEGIC
PLAN
This agenda item indirectly supports Council’s Strategic Priority of Quality of Life by providing necessary infrastructure and also supports City’s Economic Development efforts to provide facilities for attracting new developments.

FISCAL IMPACT
This resolution will have no fiscal impact on the City because it does not commit the City to issue bonds, and if the City does issue bonds for the CFD, the bonds will be payable only from special taxes levied in the CFD.

ACTION REQUESTED OF THE CITY COUNCIL
The City Council adopt a resolution declaring the intention to reimburse expenditures from proceeds of tax-exempt obligations to be issued by the City for and on behalf of City of Tracy Community Facilities District No. 2016-2 (ECFD).

Prepared by: Sara Cowell, Finance Director
Reviewed by: Karin Schnaider, Assistant City Manager
Approved by: Michael Rogers, City Manager

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

TRACY CITY COUNCIL
RESOLUTION NO. _________
____________________________________________________________________________

ADOPT A RESOLUTION DECLARING THE INTENTION TO REIMBURSE EXPENDITURES

FROM PROCEEDS OF TAX-EXEMPT OBLIGATIONS TO BE ISSUED BY THE CITY FOR AND ON BEHALF OF CITY OF TRACY COMMUNITY FACILITIES DISTRICT NO. 2016-2 (ECFD)
WHEREAS, the Council previously conducted proceedings under and pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the “Act”), to establish (i) “City of Tracy Community Facilities District No. 2016-2 (ECFD)” (the “CFD”), (ii) an initial improvement area in the CFD designated “Improvement Area No. 1 of the City of Tracy Community Facilities District No. 2016-2 (ECFD)" (“Improvement Area No. 1”), and (iii) a future annexation area of the CFD (the “Future Annexation Area”); and
WHEREAS, pursuant to Resolution No. 2017-021, adopted by the Council on February 7, 2017 (the “Resolution of Formation”), the Council provided for, among other things, (i) the financing of certain authorized facilities (the “Facilities”) by the CFD, (ii) the annexation of parcels in the Future Annexation Area to the CFD pursuant to a unanimous approval (a “Unanimous Approval”) of the owner or owners of such parcels and (iii) in any such Unanimous Approval, the designation as a new improvement area (each, a “Future Improvement Area”) of any territory annexing to the CFD and the identification and approval of the maximum amount of bonded indebtedness and other debt and the rate and method of apportionment of special tax for such Future Improvement Area; and
WHEREAS, pursuant to Resolution No. 2017-022, adopted by the Council on February 7, 2017, the Council declared the necessity to issue and sell bonds and incur other debt to finance the
Facilities, including (i) an amount not to exceed $27,000,000 for Improvement Area No. 1 (the “Improvement Area No. 1 Indebtedness Limit”) and (ii) an amount not to exceed $53
,000,000 in those portions of the CFD that are not in Improvement Area No. 1 (the “Non- Improvement Area No. 1 Indebtedness Limit”); and
WHEREAS, subsequently, property in the Future Annexation Area was annexed into the CFD as Improvement Area No. 2 of the City of Tracy Community Facilities District No. 2016-2 (ECFD) (“Improvement Area No. 2”) pursuant to the execution and delivery by the property owner therein of a Unanimous Approval, and $16 ,000,000 of the Non-Improvement Area No. 1 Resolution 2023-_____
Page
2 Indebt
edness Limit was allocated to Improvement Area No. 2, all of which was confirmed by the Ci
ty Council pursuant to Resolution No. 2019-074, adopted on April 16, 2019; and WHEREAS, thereafter, property in the Future Annexation Area was annexed into the CFD as I
mprovement Area No. 3 of the City of Tracy Community Facilities District No. 2016-2 (ECFD) (“Improvement Area No. 3”) pursuant to the execution and delivery by the property owner therein of
a Unanimous Approval, and $25,000,000 of the Non-Improvement Area No. 1 Indebtedness Limit was allocated to Improvement Area No. 2, all of which was confirmed by the City Council pursuant to Resolution No. 2019-244, adopted on December 17, 2019; and WHEREAS, the City previously issued for the CFD with respect to Improvement Area No. 1 the $15,385,000 Improvement Area No. 1 of the City of Tracy Community Facilities District No. 2016-2 (ECFD) Special Tax Bonds, Series 2019 for the purpose of providing funds to finance the acqui
sition and construction of the Facilities; and
WHE
REAS, the City subsequently issued the $13,055,000 Improvement Area No. 2 of the City
of Tracy Community Facilities District No. 2016 -2 ( ECFD) Special Tax Bonds, Series 2021 for the CFD with respect to Improvement Area No. 2 for the purpose of providing funds to finance the acquisition and construction of the Facilities; and WHE
REAS, United States Income Tax Regulations section 1.150 -2 provides generally that proceeds of tax-exempt debt are not deemed to be expended when such proceeds are used for reimbursement of expenditures made prior to the date of issuance of such debt unless certain proce
dures are followed, one of which is a requirement that (with certain exceptions), prior to the payment of any such expenditure, the issuer declares an intention to reimburse such expenditure; and
WHEREAS, it is in the public interest and for the public benefit that the City declares its off
icial intent to reimburse the expenditures related to the Facilities with the proceeds of bonded indebtedness and other debt issued by the City for the CFD; now therefore be it RESOLVED: That the City Council of t he City of Tracy hereby finds the foregoing recitals are all true and correct; and be it further
RESOLVED: The City intends to issue bonded indebtedness and other debt for the CFD with respect to Improvement Area No. 1, Improvement Area No. 2, Improvement Area No. 3 and Future Improvement Areas in one or more series for the purpose of paying the costs of the Fa
cilities, by future action, as appropriate; and be it further RESOLVED: The City hereby declares its intention to reimburse expenditures for certain Facilities from the proceeds of any such bonded in debtedness and other debt, including (i) certain costs of the Facilities paid by the City prior to the date of issuance of such bonded indebtedness and other debt and (ii) certain costs of the Facilities paid by other local agencies prior to the date of issuance of such bonded indebtedness and other debt; and be it further RESOLVED: The maximum principal amount of such bonded indebtedness and other debt is (i) $11,615,000 with respect to Improvement Area No. 1, (ii) $ 2,945,000 with respect to Improvement Area No. 2, (iii) $25,000,000 with respect to Improvement Area No. 3 and ( iv) $12,000,000 with respect to those portions of the CFD that are not in Improvement Area No. 1 , Improvement Area No. 2 or Improvement Area No. 3; and be it further Resolution 2023-_____

RESOLVED: This resolution shall take effect from and after its adoption, and to the extent the provisions of any previous resolutions in any way ar e inconsistent with the provisions hereof in and for the issuance of the Bonds as herein described, the provisions of this r esolution shall prevail.
* * * * *
* * *
The foregoing Resolution 2023-__ was adopted by the Tracy City Council on February 21, 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 T racy, California
February 21, 2023
Agenda Item 1.H

RECOMMENDA
TION
Adopt a resolution declaring the intention to reimburse expenditures from proceeds of tax-exempt obligations to be issued by the City for and on behalf of City of Tracy Community Facilities District No. 2016-1 (Tracy Hills).

EXECUTIVE SUMMARY
Federal tax law allows the City to use proceeds of tax-exempt debt to reimburse expenditures on capital projects that are made prior to issuance of the debt if the City has declared its intention to make such reimbursements. After consulting with bond counsel (Jones Hall, A Professional Law Corporation), staff recommends that the City make such a reimbursement declarat
ion with respect to City of Tracy Community Facilities District No. 2016-1 (Tracy Hills).

BACKGROUND AND LEGISLATIVE HISTORY
The City Council previously conducted proceedings under the Mello-Roos Community Facilities Act of 1982, as amended, to establish City of Tracy Community Facilities District No. 2016-1 (Tracy Hills) (the “CFD”), an initial improvement area ( Improvement Area No. 1) and a related future annexation area. The purpose of the C FD is to provide financing for capital facili ties related to the Tracy Hills proj ect (the “Facilities”), including through the issuance of federally tax- exempt bonds by the City for the CFD. In most cases, the bonds will fi nance the City’s acquisition of Facilities built by the Tracy Hills pro ject developer, but sometimes the bonds will finance development impact fees to be used by the City or another public agency to construct the Facilities.

The purpose
of the future annexation area and the improvement areas is to establish a streamlined process whereby future phases of the Tracy Hills project can annex into the CFD as they are ready to develop and, as a result, increase the bonding capacity of the CFD. Since the original formation, property in the future annexation area has annexed into the CFD as an additional improvement area (Improvement Area No. 2).

The City previously issued bonds for the CFD with respect to Improvement Area No. 1 to finance Facilities staff anticipates seeking City Council approval for a bond financing for Improvement Area No. 2 in the near future.

Federal tax law allows the City to use proceeds of tax-exempt debt to reimburse expenditures on Facilities that are made prior to issuance of the debt if the City has declared its intention to make such reimbursements.

Staff recommends that the City declare the intention to reimburse itself or other public agencies, including the
Jefferson School District, with tax-exempt bond proceeds for amounts expended on the Facilities prior to issuance of such bonds. The Tracy Hills Project developer has asked the
City to finance development impact fees (or mitigation payments) that the developer will pay to the
Jefferson School District for construction of school facilities. Staff expects to ask the City Council in the near future to approve an agreement among the City, the Jefferson School District and
the Tracy Hills project developers that will govern the financing of these Agenda Item 1.H
February 21, 2023

development impact fees, including the reimbursement of prior expenditures made by Jefferson School District.

STRATEGIC
PLAN
This agenda item indirectly supports Council’s Strategic Priority of Quality of Life by providing necessary
infrastructure and also supports City’s Economic Development efforts to provide facilities
for attracting new developments.

FISCAL IMPACT
This resolution will have no fiscal impact on the City because it does not commit the City to issue bonds, and if the City does issue bonds for the CFD, the bonds will be payable only from special taxes levied in the CFD.

ACTION REQUESTED OF

THE CITY COUNCIL
The City Council adopt a resolution declaring the intention to reimburse expenditures from proceeds of tax-exempt obligations to be issued by the City for and on behalf of City of Tracy Community Facilities District No. 2016-1 (Tracy Hills).

Prepared by: Sara Cowell, Finance Director
Reviewed by: Karin Schnaider, Assistant City Manager
Approved by: Michael Rogers, City Manager

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

TRACY CITY COUNCIL
RE
SOLUTION NO. ____
______________________________________________________________________

ADOPT A RESOLUTION DECLARING THE INTENTION TO REIMBURSE

EXPENDITURES F ROM PROCEEDS OF T AX -EXEMPT OBLIGATIONS TO BE

ISSUED BY THE CITY FOR AND ON BEHALF OF CITY OF TRACY COMMUNITY FA
CILITIES DISTRICT NO. 2016-1 (TRACY HILLS)
WHEREAS, the Council previously conducted proceedings under and pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the “Act”), to establish (i) “City of Tracy Community Facilities District No. 2016 -1 (Tracy Hills)” (the “CFD”), (ii) an initial improvement area in the CFD designated “Improvement Area No. 1 of the City of Tracy Community Facilities District No. 2016- 1 (Tracy Hills)" (“Improvement Area No. 1”), and (iii) a future annexation area of the CFD (the “Future Annexation Area”); and WHEREAS, pursuant to Resolution No. 2016-157, adopted by the Council on July 19, 2016 (the “Resolution of Formation”), the Council provided for, among other things, (i) the financing of certain authorized facilities (the “Facilities”) by the CFD, (ii) the annexation of parcels in the Future Annexation Area to the CFD pursuant to a unanimous approval (a “Unanimous Approval”) of the owner or owners of such parcels and (iii) in any such Unanimous Approval, the designation as a new improvement area (each, a “Future Improvemen t Area”) of any territory annexing to the CFD and the identification and approval of the maximum amount of bonded indebtedness and other debt and the rate and method of apportionment of special tax for such Future Improvement Area; and
WHEREAS, pursuant to Resolution No. 2016-158, adopted by the Council on July 19, 2016, the
Council declared the necessity to issue and sell bonds and incur other debt to finance the
Facilities, including (i) an amount not to exceed $70,000,000 for Improvement Area No. 1 (the “Improvement Area No. 1 Indebtedness Limit”) and (ii) an amount not to exceed $215,000,000 in those portions of the CFD that are not in Improvement Area No. 1 (the “Non- Improvement Area No. 1 Indebtedness Limit”); and
WHEREAS, subsequently, the Council undertook change proceedings, including a landowner vote, which culminated in the adoption by the City Council on August 21, 2018, of Resolution No. 2018 -169, entitled “Resolution of Change,” which, among other things, (i) Resolution 2023-

increased the Improvement Area No. 1 Indebtedness Limit to $80,000,000 and (ii) increased the Non-Improvement Area No. 1 Indebtedness Limit to $305,000,000; and WHEREAS, the City previously issued the following bonds for the CFD with respect to Improvement Area No. 1 for the purpose of providing funds to finance the acquisition and construction of the Facilities:
(i) $32,625,000
Improvement Area No. 1 of the City of Tracy Community Facilities District No. 2016-1 (Tracy Hills) Special Tax Bonds, Series 2018, (ii) $14,850,000
Improvement Area No. 1 of the City of Tracy Community Facilities City No. 2016-1 (Tracy Hills) Special Tax Bonds, Series 2019, and (iii) $18,160,000
Improvement Area No. 1 of the City of Tracy Community Facilities District No. 2016-1 (Tracy Hills) Special Tax Bonds, Series 2020; and WHEREA
S, subsequently, property in the Future Annexation Area generally described as Phase 1B was annexed into the CFD as Improvement Area No. 2 of the City of Tracy Community Facilities District No. 2016-1 (Tracy Hills) (“Improvement Area No. 2”) pursuant to the execution and delivery by the property owners therein of one or more Unanimous Approvals , and $50,000,000 of the Non-Improvement Area No. 1 Indebtedness Limit was allocated to Improvement Area No. 2, all of which was approved by the City Council pursuant to Resolution No. 2022-130, adopted on September 6, 2022; and
WHEREA
S, United States Income Tax Regulations section 1.150 -2 provides gene rally that proceeds of tax-exempt debt are not deemed to be expended when such proceeds are used for reimbursement of expenditures made prior to the date of issuance of such debt unless certain procedures are followed, one of which is a requirement that (with certain exceptions), prior to the payment of any such expenditure, the issuer declares an intention to reimburse such expenditure; and
WHEREA
S, it is in the public interest and for the public benefit that the City declares its official intent to reimburse the expenditures related to the Facilities with the proceeds of bonded indebtedness and other debt issued by the City for the CFD; now therefore be it

RESOLVED
: That the City Council of the City of Tracy hereby finds the foregoing recitals are all true and correct; and be it further

RESOLVED
: The City intends to issue bonded indebtedness and other debt for the CFD with respect to Improvement Area No. 1, Improvement Area No. 2 and Future Improvement Areas in one or more series for the purpose of paying the costs of the Facilities by future action, as appropriate; and be it further

RESOLVED
: The City hereby declares its intention to reimburse expenditures for certain Facilities from the proceeds of any such bonded indebtedness and other debt, including (i) certain costs of the Facilities paid by the City prior to the date of issuance of such bonded indebtedness and other debt and (ii) certain costs of the Facilities paid by other local agencies prior to the date of issuance of such bonded indebtedness and other debt; and be it further

RESOLVED
: The maximum principal amount of such bonded indebtedness and other debt is (i) $14,365,000 with respect to Improvement Area No. 1, (ii) $50,000,000 with respect to Resolution 2023-

Improvement Area No. 2, and (iii) $255,000,000 with respect to those portions of the CFD that are not in Improvement Area No. 1 or Improvement Area No. 2; and be it further RESOLVED: This resolution shall take effect from and after its adoption, and to the extent the provisions of any previous resolutions in any way are inconsistent with the provisions hereof in and for the issuance of the Bonds as herein described, the provisions of this resolution shall prevail.
* * * * *
* * *
The foregoing Resolution 2023-__ was adopted by the Tracy City Council on February 21, 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 T racy, California
February 21, 2023
Agenda Item 1.I

RECOMMENDATION
Staff recommends that the City Council adopt a resolution amending the City’s Operating and Capital Budget for the Fiscal Year ending June 30, 2023, and authorize the Budget Officer to amend the City’s position control roster for FY2022-23.

EXECUTIVE SUMMARY
On June 24, 2022, Council adopted the Fiscal Year ( FY) 2022-23 Operating and Capital Budget. This report provides an upda te of the City’s current financial performance, for Second Quarter (Q2), through December 31, 2022. This financial summary identifies Q2 G
eneral Fund revenue and expenditure actuals and encumbrances, minor am endments to the FY 2022-23 budget.

BACKGROUND AND LEGISLATIVE HISTORY
Quarterly, staff prepares a report to the City Council on the year-to-date revenues and expenditures as compared to the amended budget. This report provides an updat e and summary of t he City’s current financial per formance, for FY 2022-23 Second Quarter (Q2) through December 31, 2 022, and requests that Council amend revenue and expenditures for the FY 2022-23 budget.

ANALYSIS
As of December 31, 202 2, the General Fund expenditures are approximately 39% of the approved operating budget. General Fund revenues collected in Q2 (as of December 31, 202
2), reflect approximately 28% of estimated revenues. City revenues tend to lag a quarter behind, and many revenues will appear low or zero as a result. For example, General Fund revenues in Property Tax, as well as VLF/Property Tax, are distributed in December and April and will appear in the second and fourth quarter reports. The City’s Sales Tax are one-quarter in arrears and will appear after the second quarter, and first quar
ter collections represent advances from the State based on prior year collections, not necessarily actual collection by t he State. General Fund revenues in Franchise Fees and Business
Licensees are typically reported in the third and fourth quarter of the fiscal calendar.

The chart below reviews year-to-date revenues and expenditures as compared to the amended budget as of December 31, 2022 (Second Quarter-Q2). For comparison, FY 2021-22 Q2
actuals are also provided.

FY 2022-23 General Fund Budget to Actuals
REVENUES FY 21/22 FY 22/23 FY 22/23 FY 22/23 % of
(in thousands) Q2 Adopted Amended Q2 Budget
Property Tax $ 8,892 $ 31,090 $ 31,090 $ 9,365 30% Sales Tax 20,473 69,680 69,680 21,576 31%
Sales Tax Measure V 4,952 14,770 14,770 2,438 17%
Other Taxes 1,322 2,870 2,870 1,243 43%
Other Revenues 8,738 19,579 20,035 4,200 21%
TOTAL REVENUES $ 44,377 $ 137,989 $ 138,445 $ 38,822 28%

EXPENDITURES
(in thousands)
Personnel $ 22,662 $ 53,986 $ 54,988 $ 24,586 45% Purchased Services
and Supplies 7,271 40,167 42,156 17,138
41%
Utilities 1,018 2,395 2,395 1,230 51%
Capital 5 300 546 279 51%
Debt 2,672 2,672 1,658 62%
Net Transfers In/(Out) 1,900 12,452 12,452 - 0%
TOTAL
EXPENDITURES $ 32,856 $ 111,972 $ 115,209 $ 44,891 39% Total Change in Net
Position $ 11,521 $ 26,017 $ 23,236 $ (6,069)
FY 2022-23
Second Quarter (Q2) Operating Budget Augmentations
The following
table is a summary of all recommended Q2 budget augmentations for FY 2022-23. They are listed by department, with General and Non-General Fund totals separated, and categorized as one time or on-going expenses.

Department Description General
Fund
Other
Fund One Time On Going
City
Manager's
Office
Contract Services $25,000 $25,000
City Council Contract Services $50,000 $50,000
Mobility &
Housing -
Economic
Dev
Contract Services $199,000 $199,000
Operations &
Utilities
Personnel (5),
Contract Services, &
Supplies
$811,000 $1,912,000 $1,469,000 $1,254,000
Police
Department Contracted Services $271,000 $240,000 $31,000 Total: $1,356,000 $1,912,000 $1,908,000 $1,360,000
Agenda Item 1.I
February 21, 2023

General
Fund Non-Personnel Augmentations
Department Description General
Fund One Time On Going
City
Manager's
Office
Contract Services $25,000 $25,000
City Council Contract Services $50,000 $50,000
Mobility &
Housing -
Economic
Dev
Contract Services $199,000 $199,000
Operations &
Utilities Contract Services, Supplies $625,000 $320,000 $305,000 Police
Department Contracted Services $271,000 $240,000 $31,000 Total: $1,170,000 $759,000 $411,000
City
Manager’s Office – The City Manager’s Office is requesting to increase their contract services for travel to account for the second Assistant City Manager.

City Coun
cil – The City Manager’ Office is requesting to increase Council’s contract services to account for increased travel for conferences.

Mobilit
y & Housing – The Mobility & Housing Department is requesting to increase the Economic Development divisions contract services for a consultant that provide services focused on malls and for updating their strategic plan.

Opera
tions & Utilities – The Operations & Utilities Department is requesting to increase the Operations contract services and supplies for addressing traffic and street light maintenance, and one-time funds for mapping and equipment repairs.

Police
Department - The Police Department is requesting an increase to contract services for one-time software purchases and system integrations along with their on-going annual costs.
~continue
to next page~
Agenda Item 1.I
February 21, 2023

General Fund
Personnel Augmentations
Department Description General
Fund One Time On Going
Operations &
Utilities Electrician (1) $180,000 $180,000
Operations &
Utilities Electrician - Equipment $6,000 $6,000
Total: $186,000 $6,000 $180,000
Operat
ions & Utilities – (1) Electrician – The Operations & Utilities Department is requesting the addition of one electrician to address the increased maintenance of streetlights & traffic signals.

Other Fund Non-Personnel Augmentations
Department Description Funding Source One Time On Going Operations &
Utilities Contracted Services Wastewater $285,000
Operations &
Utilities Fuel Increase Central Garage $610,000
Operations &
Utilities Supplies & Equipment Central Garage $225,000
$1,120,000
Total: $1,120,000
Operat
ions & Utilities – The Operations & Utilities Department is requesting an increase to contracted services for a consultant to update the Sewer System Report, increase in fuel costs, and additional supplies & equipment to for servicing the cities fleet.

Other Fund Personnel Augmentations
Department Description Funding Source One
Time On Going
Operations &
Utilities
(1) Equipment Mechanic
I/II Central Garage $4,000
$139,000
Operations &
Utilities
(5) Maintenance Workers
I/II Gas Tax Funds $19,000 $630,000
$23,000 $769,000
Total: $792,000
Operations & Utilities –
(1) Equipment Mechanic I/II – The Operations & Utilities Internal Maintenance division is requesting the addi
tion of one Equipment Mechanic I/II to the cities central garage to maintain the increasing demands to maintain the increasing fleet.

Agenda Item 1.I
February 21, 2023

(5) Maintenance Workers I/II – The Operations & Utilities Streets & Right of Way Maintenance division is requesting the addition of five Maintenance Worker I/II’s to increase service levels to complete deferred maintenance focused on improving the cities pavement condition index (PCI).

FY 2022-23 Second
Quarter (Q2) Capital Improvement Project (CIP) Augmentations Staff is making the following recommendations for increased appropriations for current CIPs, and are summarized in the following table:

NEW APPROPRIATIONS
CIP Amount Fund
74168-Recycled Water
System Expansion $2,000,000 368 – TIMP Recycled Water
74168-Recycled Water
System Expansion $20,000,00 525 – Wastewater Grants

FISCAL IMPACT
Quarterly
, staff prepares a report to the City Council on the year-to-date revenues and expenditures as compared to the amended budget as of December 31, 2022 (Second Quarter Q2). Staff is recommending amendments to the City Operating and Capital Budget for FY 2022-23. The FY 2022-23 proposed budget appropriations of $1.4 million are from the general fund.

SUMMARY OF NEW BUDGET AUGMENTATIONS
FOR (Q2) FY 2022-23
Department General
Fund
Other
Fund One Time On Going
City Manager's
Office $25,000 $25,000
City Council $50,000 $50,000
Mobility & Housing
- Economic Dev $199,000 $199,000
Operations &
Utilities
$811,000 $1,263,000 $1,469,000 $1,254,000
Police Department $271,000 $240,000 $31,000
$1,356,000 $1,263,000 $1,908,000 $1,360,000
Agenda Item 1.I
February 21, 2023

NEW APPROPRIATIONS
CIP Amount Fund
74168-Recycled Water
System Expansion $2,000,000 368 – TIMP Recycled Water
74168-Recycled Water
System Expansion $20,000,00 525 – Wastewater Grants

STRATEGIC PLAN
This agenda item supports the City’s Governance Strategic Priority, with Goal 2: Ensure short and long-term fiscal health.

ACTION REQUESTED OF THE CITY COUNCIL
The City Council, adopt a resolution amending the City’s Operating and Capital Budget for Fiscal Year 2022-23 and authorize the Budget Officer to amend the City’s position control roster for FY2022-23.

Prepared by: Felicia Galindo, Budget O fficer
Reviewed by: Sara Cowell, Finance Director
Karin Schnaider, Assistant City Manager
Approved by: Michael Rogers, City Manager
Agenda Item 1.I
February 21, 2023

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

TRACY CITY

COUNCIL

RESOLUT
ION NO. _______________
AMEND THE CITY’S OPERATING AND CAPITAL BUDGET FOR FISCAL YEAR ENDING JUNE 30, 2023 AND AUTHORIZE THE BUDGET OFFICER TO AMEND THE CITY’S POSITION CONTROL ROSTER FOR FY2022-2 3 WHEREAS, The City Council, on June 24, 2022, adopted the FY 2022-23 Operating and Capital Budget for the City of Tracy, and
WH
EREAS, Based upon a review of revenues and expenditures, the City Manager has prepared and proposed additional amendments to the FY 2022-23 budget, and WHEREAS, The City Manager’s Office will be getting an increase to contract services for travel to account for the second Assistant City Manager, and WHEREAS, City Council w ill be getting an increase to contract services to account for increased travel, and
WHEREAS, The Mobility & Housing Department will be getting a one-time funding for contract services for a consultant that provide services focused on malls and for updating their strategic plan, and
WHEREAS, The
Operations & Utilities Department will be getting an increase to contract services
and supplies for addressing traffic, street light, vehicle maintenance, and one-time funds for mapping and equipment repairs, and
W
HEREAS, The Police Department will be getting an increase for contract services for one-time software purchases and system integrations along with their on-going annual costs, and WHEREAS, The Budget Officer will be adding to the Operations & Utilities position control roster (1) Electrician, (5) Maintenance Workers I/II and (1) Equipment Mechanic I/II, and WHEREAS, The City Council has considered information related to these matters, as presented at a public meeting of the City Council, including any supporting documents and reports by City staff, and any information provided during that public meeting, and WHEREAS, The City Council has reviewed the level of budgeting control needed by the C
ity Manager to ensure efficiency in managing the operations of the City, including the authorization of budget transfers between funds; now, therefore, be it RESOLVED: That the City Council of the City of Tracy hereby adopts the Amended Operating and Capital Budget for Fiscal Year 2022-23 as evidenced by the attached summaries and authorize the Budget Officer to amend the City’s position control roster for FY2022-23.

Resolution 2023-

* * * * * * * * *
* * * * *
The foregoing Resolution 2023-_____ was adopted by the Tracy City Council on February 21, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NO
ES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTENTION: COUNCIL MEMBERS:
___________________________________________
NANCY D. YOUNG

Mayor of the City of Tracy, California
ATTEST:

ADRIANNE RICHARDSON
City Clerk and Clerk of the Council of the
City of Tracy, California
Resolution 2023-

(in thousands) Q2 Adopted Amended Q2 Budget
Property Tax $ 8,892 $ 31,090 $ 31,090 $ 9,365 30% Sales Tax 20,473 69,680 69,680 21,576 31%
Sales Tax Measure V 4,952 14,770 14,770 2,438 17%
Other Taxes 1,322 2,870 2,870 1,243 43%
Other Revenues 8,738 19,579 20,035 4,200 21%
TOTAL REVENUES $ 44,377 $ 137,989 $ 138,445 $ 38,822 28%

EXPENDITURES
(in thousands)
Personnel $ 22,662 $ 53,986 $ 54,988 $ 24,586 45% Purchased Services
and Supplies 7,271 40,167 42,156 17,138
41%
Utilities 1,018 2,395 2,395 1,230 51%
Capital 5 300 546 279 51%
Debt 2,672 2,672 1,658 62%
Net Transfers In/(Out) 1,900 12,452 12,452 - 0%
TOTAL
EXPENDITURES $ 32,856 $ 111,972 $ 115,209 $ 44,891 39% Total Change in Net
Position $ 11,521 $ 26,017 $ 23,236 $ (6,069)
Department General
Fund
Other
Fund One Time On Going
City Manager's
Office $25,000 $25,000
City Council $50,000 $50,000
Mobility & Housing
- Economic Dev
$199,000 $199,000
Operations &
Utilities
$811,000 $1,263,000 $1,469,000 $1,254,000
Police Department $271,000 $240,000 $31,000
$1,356,000 $1,263,000 $1,908,000 $1,360,000

NEW APPROPRIATIONS
CIP Amount Fund
74168-Recycled Water
System Expansion $2,000,000 368 –TIMP Recycled Water
74168-Recycled Water
System Expansion $20,000,00 525 – Wastewater Grants
REVENUES FY 21/22 FY 22/23 FY 22/23 FY 22/23 % of
February 21, 2023
Agenda It
em 3.A

RECOMMENDATION
Staf
f recommends that the City Council:

1. Conduct a hearing on the Resolutions of Necessity (RON) to authorize the acquisition of fee simple interests, permanent easements and/or temporary construction easements for the I-580/Patterson Road Interchange Project (Project) and to make the required findings for five properties owned by and located at:

1. ARP Minimart Corporation – 25775 Patterson Pass Road (Assessor’s Parcel Number 209-100-040) (Minimart).

2. Debra Ann Leal & Janice Lynn Gee – 26116 Patterson Pass Road (Assessor’s Parcel Number 209-090-21) (Leal/Gee).

3. Harminder Kaur; Rajwinder Kaur; Gupreet Singh; Charnit Singh and Ramandeep Kaur, Trustees – 25883 S. Patterson Pass Road (Assessor’s Parcel Number 209-100-280) (Kaur et al).

4. Pankaj Kalra and Tanu Kalra, Trustees; Kanwar Raj Singh and Priya Aggarwal, Trustees; Smile Dhir and Antima Ghai, Trustees; Atul Arora and Shefali Arora, Trustees; Tabir Singh Dhillon- 26106 Patterson Pass Road (Assessor’s Parcel Number 209-100-300) (Kalra et al).

5. Jet Mulch, Inc. – Via Nicolo Road (Assessor’s Parcel Number 209- 100-310) (Jet Mulch).

2. Adopt RONs for Minimart, Leal/Gee, Kaur et al, Kalra et al, and Jet Mulch, finding that the Public Interest, Convenience and Necessity require the Acquisition of Certain Property Interests for the Project, Authorizing the Acquisition Thereof, and directing the City Attorney to file Eminent Domain Proceedings.

EXECUTIVE SUMMARY
The Cit
y of Tracy (City), in partnership with the California Department of Transportation (Caltrans), has completed designs for improvements at the Interstate 580 (I-580)/Patterson Pass Road Interchange (Project). The Project will construct a new interchange, freeway auxiliary lanes, and connecting roadways at the existing Patterson Pass Road/International Parkway overcrossing on I-580. In order to complete construction of the interchange, acquisition of fee simple interests, permanent easements, and temporary construction easements are needed from the properties listed above. The total project cost (including right-of-way, construction, and support) is approximately $52.3 Million and will be funded through a combination of City Transportation Impact Fee (TIMF) funds, City Regional Transportation Impact Fee (RTIF) funds, Measure K, and SB1 Trade Corridor Enhancement Program (TCEP) funding. The SB1 TCEP funding totals $24.9 Million, which needs to be obligated by the California Transportation Commission (CTC) at their June 2023 meeting. Should funding not be obligated by the June CTC meeting, the City could lose the TCEP grant funding.

Based
on the timing of the Project and critical right-of-way certification, it is necessary for the City of Tracy to consider the adoption of Resolutions of Necessity (RON) authorizing the City to acquire, by eminent domain, the property interests needed for public use, namely for public street and state highway purposes, public utility, and all uses necessary or convenient thereto in Agenda Item 3.A
February 21, 2023

connection with the Project.

Pri
or to initiating condemnation proceedings to acquire needed right-of-way for a programmed project, the City Council must first adopt Resolutions of Necessity in which they declare that they have made the specific findings identified under Section 1245.230 of the Code of Civil Procedure.

BACKGROUND AND LEGISLATIVE HISTORY
This
staff report is submitted for review by the City Council prior to the recommended adoption of the proposed and attached Resolutions of Necessity (RONs) for Minimart, Leal/Gee, Kaur et al, Kalra et al, and Jet Mulch, to authorize the acquisition, by eminent domain, of certain property interests from such five (5) properties for the Project. As set forth below, the Project proposes to construct a new interchange, auxiliary lanes, and connecting roadways at the I- 580/International Parkway Interchange to reduce traffic and increase safety.

The proper
ty interests required for the Project are located within the area the Project will be constructed. For each property from which property interests are required for the Project, a Resolution of Necessity (RON) must be adopted prior to the commencement of eminent domain proceedings pursuant to Code of Civil Procedure section 1245.220. The statutory requirement that a public entity adopt a RON before initiating a condemnation action “is designed to ensure that public entities will verify and confirm the validity of their intended use of the power of eminent domain prior to the application of that power in any one particular instance”. (San Bernardino Flood Control Dist. v. Grabowski (1988) 205 Cal.App.3d 885, 897).

A RON m
ust contain a general statement of the public uses for which the property is to be taken, a reference to the statute authorizing the exercise of eminent domain, a description of the property, and a declaration stating that each of the following have been found and determined by the City Council (Code of Civil Procedure section 1245.230):

1. The publi
c interest and necessity require the proposed project;

2. The proposed project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury;

3. The property described in the resolution is necessary for the proposed project; and

4. That either the offer required by Section 7267.2 of the Government Code has been made to the owner(s) of record or the offer has not been made because the owner cannot be located with reasonable diligence.

In addit
ion, to the extent the property interests that are proposed to be acquired are already devoted to a public use, the RON must include a finding that the use of the property interests sought to be acquired for the Project are a compatible use that will not unreasonably interfere with or impair the continuance of the public use as it presently exists or may reasonably be expected to exist in the future (California Code of Civil Procedure section 1240.510) or the use of the property interests sought to be acquired for the Project is a more necessary public use than is the presently existing public use (California Code of Civil Procedure section 1240.610).

The RONs shoul
d also confirm that the requirements under CEQA have been satisfied for the Project that the City has complied with the notice requirements set forth in Code of Civil Procedure section 1245.235, and that all conditions and statutory requirements to exercise the power of eminent domain to acquire the properties described in the resolutions of necessity Agenda Item 3.A
February 21, 2023

have been complied with by the City.

This
staff report provides data and information addressing each of these issues.

THE

PUBLIC INTEREST AND NECESSITY REQUIRE THE PROJECT
A.

Description of Existing Conditions
Mountai
n House Parkway is a north‐south arterial running from Byron Road in Mountain House to the eastbound (EB) I-205 ramp intersection, where it becomes International Parkway. North of I‐205, Mountain House Parkway is a median‐separated four‐lane roadway with a posted speed limit of 45 miles per hour (mph), which serves primarily residential and agricultural uses.

From the EB I-205 ramp intersection to Berkeley Road, International Parkway narrows to one lane in each direction with a 45-mph speed limit with limited adjacent land uses. From South of Berkeley Road to Schulte Road, International Parkway widens to two southbound lanes and one northbound lane adjacent to large‐scale light‐industrial uses, eventually widening to two lanes in each direction at its intersection with Schulte Road. South of Schulte Road, International Parkway narrows to one lane in each direction at the intersection of I‐580 and becomes Patterson Pass Road south of I-580. International Parkway is planned to be widened to four lanes (two lanes in each direction) as part of the Cordes Ranch development project as outlined in the adopted Specific Plan. Within the project area, Patterson Pass Road-International Parkway is a two-lane road with 12-foot lanes, 4-foot outside shoulders and no median or sidewalks.

I‐580 is
a major west‐east freeway that connects the San Francisco Bay Area to the Central Valley. I-580, between I-680 in Dublin and the junction at I-5, is designated as a route on the Rural and Single Interstate Routing System. In the Project vicinity I-580 essentially travels in a north-south direction, originating in Marin County and running through Alameda County to San Joaquin County, eventually terminating at its intersection with I‐5 southeast of Tracy. The existing I-580/I-205 freeway-to-freeway interchange is 2.15 miles to the west of the I-580/ Patterson Pass Road-International Parkway interchange, which is less than the standard 3 mile spacing required between a local interchange and a freeway-to-freeway interchange, and the I- 580/Corral Hollow Road interchange is 5.4 miles to the east. West of I‐205, I‐580 provides four mixed‐flow lanes in each direction with a posted speed limit of 70 mph. Between I‐205 and I‐5, I‐ 580 provides two lanes in each direction with a posted speed limit of 70 mph. Through the Project area, I‐580 is a four-lane freeway with 12-foot lanes, 10-foot outside shoulders, 5-foot inside shoulders, and a median width of approximately 74 feet.

The fr
eeway to freeway (I-580/I-205) interchange provides connectors between I-205 westbound (WB) and I-580 WB, and between I-580 EB and I-205 EB. Ramps at Mountain House Parkway/Patterson Pass Road provide the nearest access to the future developments adjacent to I-580.

The exis
ting interchange of I‐580/International Parkway is a tight diamond interchange with a two-lane road overcrossing. The ramps are one-lane in all directions; the off‐ramps are currently controlled by signals.

As
the Project sponsor, the City of Tracy, has been actively involved in the development of the Project in partnership with Caltrans. The Draft Environmental Document was approved for public circulation on June 10, 2020, and the Draft Project Report was approved on June 23, Agenda Item 3.A
February 21, 2023

2020. Community outreach took place during circulation of the Draft Environmental Document in July 2020. A public hearing was offered but there was no request for one.

The Final
Initial Study/Mitigated Negative Declaration (IS/MND) (CEQA Approval) and Categorical Exclusions (CE) (NEPA Approval) were obtained on February 25, 2021. The CEQA and NEPA Approvals and all studies and documents related thereto are incorporated herein by reference as if fully set forth in full and are available for review.

B.

Public Need and Necessity
The Pro
ject is needed to reduce congestion resulting from ongoing and planned development as well as to improve local traffic circulation. The Project is needed to accommodate the increase in traffic demand projected as part of the planned development in the Cordes Ranch Specific Plan area and nearby areas in the City of Tracy and to discourage highway traffic from using local roadways, thereby improving local circulation.

The Cordes
Ranch Specific Plan Environmental Impact Report (EIR) concluded that traffic resulting from the specific plan development would cause a significant impact on the intersections of International Parkway and the on-ramps and off-ramps of I-580. The Project was identified as a mitigation measure to reduce potential impacts to a less than significant level in the EIR for the Cordes Ranch Specific Plan.

Under
existing conditions, the I-580/International Parkway Interchange serves a combination of traffic to and from the Cordes Ranch Specific Plan area and regional traffic from Schulte Road in Tracy. Because of the congestion on I-580, I-205, and the Altamont Pass to and from the Bay Area, a significant amount of commuter traffic uses the I-580/International Parkway Interchange and Patterson Pass Road to bypass Altamont Pass during the morning and evening peak periods, resulting in congestion and delays at the existing side street intersections. Under existing pre-Project conditions, congestion and delays at three of the four intersections examined by the CEQA Approval operate at an unacceptable level of service, which is defined as the measure of the quality of performance of intersections and road or highway segments related to traffic flow and time delay.

The Pro
ject is designed to accommodate traffic resulting from congestion as described above, and the ongoing and planned development, primarily of the Cordes Ranch Specific Plan area.

The Pro
ject as proposed will bring substantial benefits to the public and the local community by reducing traffic congestion and delay on the freeways and intersections and increasing safety.

THE

PROJECT IS PLANNED OR LOCATED IN THE MANNER THAT WILL BE MOST

COMPATIBLE WITH THE GREATEST PUBLIC NEED AND LEAST PRIVATE INJURY A. Proj
ect Alternatives
Sever
al design alternatives were reviewed by Caltrans and the City of Tracy as a part of the Project development. These included a No Project Alternative, the Diverging Diamond Interchange (DDI) Alternative, a Compact Diamond (Type L-1) Alternative, and a Partial Cloverleaf (Type L-9) Alternative.

The No Pr
oject Alternative would result in continued and worsening traffic and congestion on Agenda Item 3.A
February 21, 2023

intersections and freeway operations, with impacts to the community from traffic associated with nearby freeways and the Cordes Ranch Specific Plan area. Three of the four studied intersections would worsen to unacceptable levels of service. By 2043, all four intersections would worsen to unacceptable levels of service. At the International Parkway/I-580 westbound ramps, levels of service for morning and evening peak hours would worsen to unacceptable level of service. At the International Parkway diagonal off ramp, levels of service would decrease to unacceptable conditions in the morning peak hours, and by 2043, all westbound segments would operate at unacceptable conditions in the morning peak hours and all eastbound segments would operate at unacceptable level of service during the evening peak hours. The current poor traffic operation is primarily due to commuter traffic which results in long delays on mainline I-580 and heavy congestion at local intersections.

The DDI
Alternative, which is the Project, allows a compact diamond configuration with minor realignments to the existing ramps that will reduce the footprint of the interchange, and maintain access to an existing gas station while accomplishing the goals of reducing congestion resulting from ongoing and planned development as well as improving local traffic circulation. Vehicle delay will be reduced for almost all travel lanes, and overall intersection operation will be improved at all studied locations by at least one level of service letter grade. This Alternative [the Project] will improve operation of the International Parkway/ I-580 westbound ramp connection, Patterson/Frontage Road ramp, and Patterson Pass Road/I-580 eastbound ramp, alleviate congestion on I-580, and significantly reduce intersection vehicle delay in almost all travel lanes.

The Type L-1 Al
ternative was considered but rejected due to poor operational performance. It was not compatible with the greatest public good.

The Type L-9 Al
ternative was considered but rejected because the DDI Alternative [the Project] achieves comparable operational performance with a significantly smaller footprint, lower cost, and significant reduction of right-of-way acquisition, meaning less private property would be needed to construct the Project.

In su
m, the DDI Alternative was selected because it improves traffic flow and safety, while providing the best total project cost and requires the least impact to private properties.

Therefore, the Project is planned or located in the manner that will be most compatible with the greatest public need and least private injury.

B. Pro
ject Features
The Pro
ject will divert traffic in both directions to the opposite side of the road while crossing I- 580, providing direct left turns to I-580 on-ramps and from I-580 off-ramps. Traffic will be signalized where it crosses to the other side of the road in either direction.

The exis
ting Patterson Pass Road overcrossing will be widened to the east to accommodate three 14-foot northbound lanes, two 14-foot southbound lanes, 6-foot outside and inside shoulders, a 15-foot-wide multi-use (bicycle and pedestrian) path in the middle of the overcrossing, and 6-foot-wide Class II Bike Lanes are also provided through the interchange.

The EB
on-ramp will be realigned to allow for three lanes, including a HOV lane at the entrance ramp. The WB on-ramp will consist of two general purpose lanes and an HOV lane.

Agenda Item 3.A
February 21, 2023

The WB off-ramp will be a two-lane exit ramp that will widen to four lanes: two left turn lanes to Patterson Pass Road and two right-turn lanes to International Parkway. The Project will also add a 1,500-foot auxiliary lane for the WB off-ramp. The EB off-ramp will remain a single-lane exit ramp that will widen to three lanes: two left-turn lanes and a single right-turn lane to Patterson Pass Road.

The Pro
ject maintains access to the existing gas station in the southwest quadrant of the interchange through a modified driveway along Patterson Pass Road and a new public road being acquired. Modification to the EB off-ramp will require realigning the existing private road and converting it to a public road to connect to Patterson Pass Road south of the gas station. A new driveway to the gas station is proposed to connect to the new public road with an intersection to provide access to Patterson Pass Road approximately 500 feet from the intersection of Patterson Pass Road and the EB ramps. Improvements will conform to Patterson Pass Road extending south approximately to the intersection with Via Nicolo Road to provide adequate distance for reducing the number of travel lanes from four lanes though the interchange to the existing two lanes on Patterson Pass Road. The public road will have public parking to accommodate tired commuters, allow for park and ride opportunities, and to allow the City of Tracy, as well as other public entities to conduct maintenance of their facilities.

Improvements north of I-580 on Patterson Pass Road will conform just south of the existing California Aqueduct Overcrossing.

The exis
ting underground drainage systems and cross culverts in the interchange area will be modified/replaced as needed for the new and modified interchange ramps. Roadside ditches will be reconstructed/added to continue to convey surface runoff generally to the existing low point along I-580 just east of the existing OC and ultimately to the north to the California Aqueduct.

The existing Caltrans right-of-way along I-580 at the approaches to the interchange will be maintained while additional right-of-way in the interchange area will be needed for the ramp modifications. The limits of access control will be extended south along Patterson Pass Road and north along International Parkway to accommodate the ramp modifications.

The Pro
ject is, therefore, planned or located in the manner that will be most compatible with the greatest public need. Moreover, as explained above, it is also planned to minimize impacts to private properties.

THE

PROPERTY INTERESTS DESCRIBED IN THE RESOLUTIONS OF NECESSITY ARE

NECESSARY FOR THE PROJECT
10,262 squa
re feet of a Temporary Construction Easement (TCE) is needed from the property located at 25775 Patterson Pass Road in unincorporated San Joaquin County APN 209-100- 040 to construct the Project and conform the existing paving to meet the new roadway surfaces.

Access to the Property will be maintained. The duration of the TCE is for a period of 30 months.

After the construction is complete, all previous land rights and use of the land revert back to the fee owner. Without the TCE, the Project cannot be constructed. The Easement language, legal description, and plat map are attached to the RON for Minimart as Exhibits A and B. 4,237 squa
re feet of a perpetual easement for communication purposes is needed from the property located on Via Nicolo Road (No Situs Address), Tracy, California in unincorporated San Joaquin County, 95377 APN: 209-100-310 to relocate an existing AT&T utility line in order to construct the proposed Project. The acquisition area is a strip of land located to the rear of the subject property running parallel to the northeastern property boundary near the freeway Agenda Item 3.A
February 21, 2023

frontage. The permanent easement covers a 4,237 square foot area of the 35.31-acre site. The Easement language, legal description, and plat map are attached to the RON for Jet Mulch as Exhibits A and B.

Two fee
simple acquisitions totaling 3.67 acres, 8,315 square feet of permanent easement for retaining wall and maintenance purposes, and 10,219 square feet of a perpetual easement for communication purposes is needed from the property located on 26106 Patterson Pass Road in unincorporated San Joaquin County, California, APN 209-100-300 to construct the Project, for construction and maintenance of a retaining wall to be located in the proposed freeway right-of- way, new roadway to provide access to the interchange, pedestrian facilities, traffic signals/lighting, grading and drainage facilities related to the new roadway, and to relocate an existing AT&T utility line. The acquisition areas are depicted and described in Exhibits A, B, A-1, B-1, A-2, B-2, A-3, B-3 in the RON for Kalra et al.

Two fee
simple acquisitions totaling 3.12 acres are needed to relocate a private road and to convert it to a public road to provide access for the City and other public entities to provide connectivity, conduct maintenance of their facilities and to provide parking spaces to the general public, 1,490 square feet of permanent easement for communication purposes, and two TCEs totaling 2.29 acres are needed from the property located on 25883 S. Patterson Pass Road in unincorporated San Joaquin County, California, APN 209-100-280 to construct the Project, the public road, and for excavation, construction, installation, use, operation, maintenance, repair, or replacement of communication facilities, and to relocate an existing underground AT&T utility line. The duration of the TCE is for 30 months. The Property is 43.4 acres. The acquisition areas are depicted and described in Exhibits A, B, A-1, B-1, A-2, B-2, A-3, B-3, A-4, B-4 to the RON for Kaur et al.
12,354 s
quare feet in fee simple is needed from the property located on 26116 Patterson Pass Road, in unincorporated San Joaquin County, California, APN 209-090-21 to construct roadway/freeway ramp improvements, and grading/drainage facilities related to the Project. The acquisition area is a strip of land located at the southeast portion of the Property situated on the northeast side of I-580. The acquisition area is 12,354 square feet of the 136.62-acre site. The fee simple take legal description, and plat map are attached to the RON for Leal/Gee as Exhibit A and B. A tentative settlement has been reached with the property owner, but we must proceed with adoption of the RON to stay on schedule in case there is a delay in finalizing the settlement.

The vari
ous property interests being acquired for the Project are referred collectively as the Subject Property Interests.

STA

TUTORY AUTHORIZATION FOR EXERCISING EMINENT DOMAIN
The Cit
y is authorized to acquire the Subject Property Interests and to exercise the power of eminent domain for the public uses set forth herein pursuant to Article 1, Section 19 of the Constitution of the State of California, Section 37350.5 and 40404 of the California Government Code, and Sections 1240.010-1240.050, 1240.110, 1240.120, 1240.150, 1240.220, 1240.410, 1240.610, and 1240.650 of the California Code of Civil Procedure.

Under
Government Code section 37350.5, cities are authorized to “acquire by eminent domain any property necessary to carry out any of its powers or functions.” Cities have “considerable Agenda Item 3.A
February 21, 2023

discretion in identifying and implementing public uses.” (City of Oakland v. Oakland Raiders (1982) 32 Cal.3d 60, 70).

Under
Government Code section 40404, cities “may acquire private property by condemnation or otherwise when it is necessary to take or damage such property for (a) Establishing, laying out, extending, and widening streets and other public highways and places within the city. (b) Rights-of-way for drains, sewers, and aqueducts…(f) Any other purposes authorized by law.”
Based on the foregoing, the City is authorized to acquire the Subject Property Interests by eminent domain.

COMPLIANCE WITH EMINENT DOMAIN REQUIREMENTS

1. Notice of Decision to Appraise
As
a part of the right-of-way acquisition process, the City sent the owners a notice of decision to appraise on the dates listed below:
o ARP
Minimart Corporation – 7/15/2022
o Debra
Ann Leal & Janice Lynn Gee – 6/6/2022
o Harm
inder Kaur; Rajwinder Kaur; Gupreet Singh; Charnit Singh and Ramandeep Kaur, Trustees – 7/26/2022
o Pankaj
Kalra and Tanu Kalra, Trustees; Kanwar Raj Singh and Priya Aggarwal, Trustees; Smile Dhir and Antima Ghai, Trustees; Atul Arora and Shefali Arora, Trustees; Tabir Singh Dhillon – 6/10/2022 o Jet
Mulch, Inc. – 6/10/2022
The Noti
ces of Decision to Appraise are incorporated herein by reference and available for review.

2. Government Code Offer
The Cit
y extended a written offer pursuant to Government Code Section 7267.2 for the purchase of the property interests needed for the Project at the dates listed below:
o ARP
Minimart Corporation – 11/23/2022
 Approximate 10,262 square foot 30-month Temporary Construction Easement.
o Debra
Ann Leal & Janice Lynn Gee – 12/15/2022
 Approximate 12,354 square foot Fee Simple.
o Harm
inder Kaur; Rajwinder Kaur; Gupreet Singh; Charnit Singh and Ramandeep Kaur, Trustees – 12/15/2022
 Two fee simple acquisitions totaling 3.12 acres.

Agenda Item 3.A
February 21, 2023

 Approximate 1,490 square foot Permanent Easement for
communication purposes.
 Two TCEs totaling 2.29 acres.
o Pankaj
Kalra and Tanu Kalra, Trustees; Kanwar Raj Singh and Priya Aggarwal, Trustees; Smile Dhir and Antima Ghai, Trustees; Atul Arora and Shefali Arora, Trustees; Tabir Singh Dhillon – 11/23/2022  Two fee simple acquisitions totaling 3.67 acres.
 Approximate 8,315 square foot Permanent Easement for retaining wall and maintenance Purposes.
 Approximate 10,129 square foot Permanent Easement for communication purposes.
o Jet
Mulch Inc. – 12/15/2022
 Approximate 4,237 square foot Permanent Easement for
communication purposes.

The Cit
y’s written offer included an informational pamphlet describing the eminent domain process and the record owner’s rights under the Eminent Domain Law. In accordance with Government Code Section 7267.2, the City’s written offer contained a written statement of, and summary of the basis for, the amount it established as just compensation. The City provided a copy of the independent appraisal, prepared by a qualified appraiser, to the owners which described the date of value utilized by the appraiser and explained the appraiser’s opinion of the highest and best use of the larger parcel, and the applicable zoning and General Plan designation of the larger parcel. The appraisal also included the principal transactions relied on by the appraiser to arrive at the appraiser’s opinion of value and explained the appraiser’s valuation analysis, including severance damages. Further, the City offered, pursuant to Code of Civil Procedure Section 1263.025, to pay the record owner the reasonable costs, up to $5,000.00, for an independent appraisal of the parcels.

The offer packages sent to each property owner is incorporated herein by reference and made a part of this staff report and are available for review.

3. Good Faith Negotiations
The Cit
y has attempted to negotiate with the owners in good faith to purchase all the property interests needed for the Project. As of the date of this staff report, the parties have not finalized a negotiated agreement for the City’s purchase of the needed property interests. Based on the timing of the Project, critical right-of-way certification and funding deadlines, it is necessary for the City to consider the adoption of Resolutions of Necessity at this time. The City continues to work with owners in attempts to avoid condemnation and reach an amicable settlement. A tentative settlement has been reached with the property owners of 26116 Patterson Road, Debra Ann Leal and Janice Lynn Gee, but to avoid any delay to the critical right-of-way certification and funding deadlines staff is requesting that the RON be adopted as to this parcel.

However, if a RON is adopted, a Complaint will not be filed and instead the Settlement will be finalized. Only if the settlement cannot be finalized will a complaint in eminent domain be filed as to this parcel.

Agenda Item 3.A
February 21, 2023

4. Notices of Intent to Adopt RONs Were sent to Each of the Record Owners The notic
e of hearing as to the RONs for Minimart, Leal/Gee, Kaur et al, Kalra et al, and Jet Mulch, incorporated herein by reference, were mailed by certified mail, return receipt requested to all of the record property owner(s) which evidence that the required statutory notice has been provided. The notices to the record owner(s) provided notice of and a reasonable opportunity to appear and be heard before the City Council on the following matters:
a. whether the public interest and necessity require the Project. b. whether the Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury. c. whether the Subject Property Interests are necessary for the Project. d. whether the offer required by Government Code section 7267.2 has bene made to all owners of record unless the owner(s) could not be located with reasonable diligence.

Notice was provided to the private record owner(s)’ legal representative to the extent such owner(s) notified the City they were being represented by counsel. These notices are available for review and are a part of this staff report.

FISCAL IMPACT
The tot
al project costs (including construction, right-of-way, and support) is approximately $52.3 Million and will be funded through a combination of City TIMF, City RTIF, Measure K, and SB1 TCEP funding. The SB1 TCEP funding is a total $24.9 Million, which needs to be obligated by the California Transportation Commission (CTC) at their June 2023 meeting. If this funding is not obligated by the June CTC meeting, the City will lose the TCEP share of the funding.

PUBLIC OUTREACH / INTEREST
Calt
rans and the City of Tracy circulated the draft Initial Study/Mitigated Negative Declaration (IS/MND) for public comment and review on July 1, 2020. An opportunity for a public meeting was offered, but none was requested. All written comments received were addressed in the final IS/MND for CEQA and Categorical Exclusion for NEPA.

The proj
ect was submitted as the City of Tracy 2023 regional transportation submittal for congressional appropriation requests during the San Joaquin Council of Government’s (SJCOG) One Voice trip to Washington D.C.

COORDINATION
The Cit
y’s Engineering Division coordinated with several stakeholders including Caltrans staff, SJCOG staff, Federal Highway Administration (FHWA), resource agency staff, California Public Utilities Commission (CPUC), California Highway Patrol, public and private utility companies.

CEQA DETERMINATION
The Final
IS/MND (CEQA Approval) and CE (NEPA Approval) were obtained on February 25, 2021. Those documents as well as all related studies and reports are incorporated by reference and made a part of this staff report.

Agenda Item 3.A
February 21, 2023

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

ACTION REQUESTED OF THE CITY COUNCIL
Staff
recommends that the City Council adopt the Resolutions of Necessity for all of the subject parcels.

Prepar
ed by: Anju Pillai, PE, Senior Engineer
Revi
ewed by: Koosun Kim, PE, Interim City Engineer
Jaylen French, Development Services Director
Sara Cowell, Finance Director
Midori Lichtwardt, Assistant City Manager
Approv
ed by: Michael Rogers, City Manager

ATTACHMENTS
Att
achment A – RON FOR ARP Minimart Corporation – 25775 Patterson Pass Road (Assessor’s Parcel Number 209-100-040).

Attachment B – RON for Debra Ann Leal & Janice Lynn Gee – 26116 Patterson Pass Road (Assessor’s Parcel Number 209-090-21).

Attachment C – RON for Harminder Kaur; Rajwinder Kaur; Gupreet Singh; Charnit Singh and Ramandeep Kaur, Trustees – 25883 S. Patterson Pass Road (Assessor’s Parcel Number 209-100-280).

Attachment D – RON for Pankaj Kalra and Tanu Kalra, Trustees; Kanwar Raj Singh and Priya Aggarwal, Trustees; Smile Dhir and Antima Ghai, Trustees; Atul Arora and Shefali Arora, Trustees; Tabir Singh Dhillon- 26106 Patterson Pass Road (Assessor’s Parcel Number 209-100-300).

Attachment E – RON for Jet Mulch, Inc. – Via Nicolo Road (Assessor’s Parcel Number 209-100-310).

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

TRACY CIT

Y COUNCIL
RESOLU
TION 2023-_____

A RESOLUT

ION OF NECESSITY OF THE CITY COUNCIL OF THE CITY OF

TRACY FINDING AND DETERMINING THAT THE PUBLIC INTEREST,

CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN PROPERTY INTERESTS FOR A PUBLIC PROJECT (I-580/PATTERSON PASS

ROAD INTERCHANGE PROJECT), AUTHORIZING THE ACQUSITION

THEREOF, AND DIRECTING THE CI TY ATTORNEY TO FILE EMINENT

DOMAIN PROCEEDINGS
(ARP MIN
I MART, APN 209-100-040)
WHEREAS, t
he City of Tracy (City), in cooperation with the California Department of Transportation (Caltrans), seeks to construct the proposed Interstate 580 (I-580)/Patterson Pass Road Interchange Project (Project), which consists of modifications to the existing interchange, freeway auxiliary lanes, and connecting roadways at the existing Patterson Pass Road Interchange at I-580 in Tracy; and
WHEREAS, the City and the State of California, acting through Caltrans, entered into Cooperative Agreement (Agreement 10-516) on February 4, 2021, which set forth the obligations of the parties in connection with the Project. Pursuant to Agreement 10-516, Caltrans is the lead agency under the National Environmental Policy Act of 1969, as amended (Pub. L. 91-190, 42 U.S.C. 4321-4347, January 1, 1970, as amended by Pub. L. 94-52, July 3, 1975, Pub. L. 94-83, August 9, 1975, and Pub. L. 97-258, § 4(b), Sept. 13, 1982) (NEPA) and under the California Environmental Quality Act (CEQA), Public Resources Code Section 21000, et seq. The City is the sponsor of the Project, and is the implementing agency for plans, specifications, estimates, and right-of-way activities; and WHEREAS, pursuant to Agreement 10-516, the parties agreed that the City is authorized to hear and adopt Resolutions of Necessity in connection with the Project and in accordance with applicable law; and
WHEREAS, it is desirable and necessary for the City to acquire certain real property specifically a 10,262 square foot Temporary Construction Easement (TCE) from the improved property located at 25775 Patterson Road in the unincorporated area of San Joaquin County, California, Assessor’s Parcel Number 209-100-040 (Subject Property), for the Project; and WHEREAS, the City is vested with the power of eminent domain to acquire real property by virtue of Article 1, Section 19 of the Constitution of the State of California, Section 37350.5 and 40404 of the California Government Code, and Sections 1240.010-1240.050, 1240.110, 1240.120,1240.150, 1240.220, 1240.410, 1240.610, and 1240.650 of the California Code of Civil Procedure; and

ATTACHMENT A
Resolution 2023-_____

WHEREAS, pursuant to the provisions of Section 7267.2 of the California Government Code, the City made an offer to the owners of record to acquire the TCE described and depicted in Exhibits A and B for the amount which it established to be just compensation; and WHEREAS, pursuant to the provisions of Section 1245.235 of the Code of Civil Procedure, written notice of the intent to consider the adoption of this resolution of necessity was sent on January 20, 2023, to ARP Minimart Corporation, the owners of record of the Subject Property providing them notice and granting them a reasonable opportunity to appear and be heard before the City Council at the Resolution of Necessity hearing held on February 21, 2023 on the following matters:
a. Whether the public interest and necessity require the Project; b. Whether the Project is planned or located in the manner that will be most compatible with the greatest public good and least private injury; c. Whether the TCE described and depicted in Exhibits A and B is necessary for the Project; and
d. Whether the offer required by Government Code Section 7267.2 has been made to all owners of record;
WHEREAS, due consideration of all oral and documentary evidence introduced has been given;
NOW, THEREFORE, be it, by vote of four (4/5) or more of its members, the City Council of the City of Tracy found and:

RESOLVED: That the recitals contained herein are true and correct; and be it further RESOLVED: That the public interest and necessity require the Project which is intended to reduce traffic congestion and improve local traffic circulation; and be it further RESOLVED: That the Project is planned or located in a manner that will be the most compatible with the greatest public good and the least private injury; and be it further RESOLVED: That the taking of the TCE more particularly described and depicted in Exhibits A and B is necessary for the Project; and be it further RESOLVED: That the offer to purchase required by California Government Code section 7267.2 has been made to the record owner(s) of the Subject Property; and be it further RESOLVED: That the necessary notice of hearing on this Resolution has been given as required by Code of Civil Procedure section 1245.235; and be it further RESOLVED: That the City has fully complied with the California Environmental Quality Act (“CEQA”) with respect to the Project and the acquisition of the TCE, as The Final IS/MND (CEQA Approval) and CE (NEPA Approval) were obtained on February 25, 2021; and be it further
Resolution 2023-_____

RESOLVED: That the City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain (the “right to take”) to acquire the TCE; and be it further
RESOLVED: That the City declares its intention to acquire the TCE in accordance with the provision of the laws of the State of California governing condemnation procedures; and be it further
RESOLVED: That the City finds that if any portion of the TCE has been appropriated to some public use, the public uses to which it is to be applied by the City for the Project, as described above, are more necessary and paramount public uses, pursuant to Code of Civil Procedure section 1240.610, or, alternatively, are compatible with those other uses pursuant to Code of Civil Procedure section 1240.510; and be it further RESOLVED: That the City is AUTHORIZED AND EMPOWERED:
1) To acquire in the name of the City of Tracy, by condemnation, the TCE in accordance with the provisions of the eminent domain law, the Code of Civil Procedure, the Government Code and the Constitution of California;
2) To prepar
e and prosecute in the name of the City of Tracy, such proceedings in the proper court as are necessary for such acquisition; and 3) To deposit
the probable amounts of compensation, based on appraisals, and to apply to said court for an order permitting the City of Tracy to take immediate possession and use said TCE for said public uses and purposes.
* * *
* * * * * * * * * * *
The foregoing Resolution 2023-_____ was adopted by the Tracy City Council on 21 st 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

EXHIBIT A
Exhibit A

DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT
Temporary Construction Easement (“TCE”) Area: This TCE shall cover the area over, across, under, and through the real property situated in the County of San Joaquin, State of California, described in Exhibits A and B attached (“TCE Area”) for construction and related purposes for the City of Tracy’s I-580/Patterson Pass Road Interchange Project (“Project”) Rights. The City of Tracy, a municipal corporation (“City”) and its successors and assigns shall have the rights, without limitation, to enter upon the TCE Area with personnel, vehicles and equipment for construction of the Project, and all other related activities, to remove all improvements, trees and vegetation that interfere with the Project, to conform the TCE Area to the Project, and do any and all other actions necessary and appropriate to the construction of the Project. As used here, “CITY” includes its officers, agents, contractors, and employees, and other governmental agencies responsible for review or construction of any portion of the Project and their officers, agents, contractors, and employees. If access to the TCE Area is across Owner’s Property, Owner shall maintain the rights of ingress and egress at all times during the construction period.

Term; This Temporary Construction Easement is for a period of 30 months, to begin upon effective possession.

Restoration. At no additional cost to CITY, CITY has the right to enter upon GRANTOR’s Property, where necessary, to reconstruct or perform any warranty or related work during or after the expiration of the TCE and any extension and/or the completion of the Project. The work may include related driveways, walkways, lawn, landscaped and hardscaped areas, irrigation systems, sidewalks or any area where reconstruction or warranty work on GRANTOR’s Property is necessary.

Conformance with laws. All work performed by CITY in the TCE Area shall conform to applicable building, fire, and sanitary laws, ordinances and regulations relating to the work and shall be done in a good and worker-like manner.
1 of 3
EXHIBIT “A”
LE

GAL DESCRIPTION

TEMPORARY CONSTRUCTION EASEMENT
PARCEL 17571-1
All that real property in the unincorporated area of County of San Joaquin, situated in Section 33, Township 2 South, Range 4 East, Mount Diablo Meridian, being a portion of the lands described in that GRANT DEED, recorded August 31, 2005, as Document Number 2005-216968, San Joaquin County Official Records, more particularly described as follows:

BEGINNING at the most southerly corner of said GRANT DEED, said corner being the southeasterly terminus of that course shown as “N 20°50’49” W 206.16’” on that certain Map of Survey, filed June 10, 1969, in Book 19 of Surveys Page 62, San Joaquin County Records, also lying on the northwesterly right-of-way of Patterson Pass Road, as said terminus delineated on the “Proposed Relinquishment map to the County of San Joaquin”, filed in State Highway Book No. 15, at Page 29 as described in the Highway Commission Resolution R932 “RELINQUISHMENT OF HIGHWAY RIGHT-OF-WAY IN THE COUNTY OF SAN JOAQUIN, ROAD 10- SJ-580-13.5 REQUEST NO. 51”, recorded on April 15, 1967, in Book 3117 at Page 19, San Joaquin County Official Records, said southerly corner being the POINT OF BEGINNING of this description;
Thence along said course of said GRANT DEED, North 20°49’23” West, 155.39 feet; Thence leaving said course and proceeding along the following ten (10) courses:
1) North 64°41’15” East, 5.01 feet
2) South 20°49’32” East, 41.50 feet
3) North 56°00’12” East, 6.07 feet
4) South 20°49’23” East, 73.73 feet
5) North 55°04’34” East, 6.06 feet
6) South 36°20’03” East, 33.04 feet
2 of 3
7) North 55°07’52” East, 209.92 feet
8) N
orth 34°52’08” West, 55.25 feet
9) North 13°48’41” East, 88.38 feet
10) North 32°26’00” West, 81.46 feet to the northwesterly line of said GRANT DEED;
Thence along said northwesterly line, North 55°07’52” East, 44.20 feet to the northeasterly line of said GRANT DEED;
Thence leaving said northwesterly line along said northeasterly line the following four (4) courses:
11) South 35°37’49” East, 44.73 feet to the beginning of a tangent curve to the right.
12) Thence, along said curve, having a radius of 65.00 feet, through a central angle of 48°48’27”, an arc length of 55.37 feet.
13) Thence, South 13°10’38” West, 75.51 feet to the beginning of a tangent curve to the left.
14) Thence, along said curve, having a radius of 73.99 feet, through a central angle of 48°48’21”, an arc length of 62.60 feet to the southeasterly line of said GRANT DEED and said northwesterly right-of-way of Patterson Pass Road; Thence along the southeasterly line thereof and said northwesterly right-of-way, South 55°07’52” West, 249.99 feet to the POINT OF BEGINNING.

Containing 10,262 square feet acres, more or less.

The bearings and distances used in the above description are based on the California Coordinate System of 1983, Zone 2, Epoch 2010.00. Multiply the above distances by 1.000077186 to obtain ground level distances. 3 of 3
This real property description has been prepared at Mark Thomas & Company Inc. by me or under my direction in conformance with the Professional Land Surveyors’ Act.

Bob R. Knuth, LS 7938
January 9, 2022
Date

EXHIBIT B

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

CITY COUNCIL
RESOLU
TION 2023-_____

A RESOLU

TION OF NECESSITY OF THE CITY COUNCIL OF THE CITY OF

TRACY FINDING AND DETERMINING THAT THE PUBLIC INTEREST,

CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN PROPERTY INTERESTS FOR A PUBLIC PROJECT (I-580/PATTERSON PASS

ROAD INTERCHANGE PROJECT), AUTHORIZING THE ACQUSITION

THEREOF, AND DIRECTING THE CITY ATTORNEY TO FILE EMINENT

DOMAIN PROCEEDINGS
(DEBRA ANN
LEAL & JANICE LYNN GEE –
ASSESSOR’S PARCEL NUMBER 209-090-21)
WHEREAS, t
he City of Tracy (City), in cooperation with the California Department of Transportation (Caltrans), seeks to construct the proposed Interstate 580 (I-580)/Patterson Pass Road Interchange Project (Project), which consists of modifications to the existing interchange, freeway auxiliary lanes, and connecting roadways at the existing Patterson Pass Road Interchange at I-580 in Tracy; and

WHEREAS,
the City and the State of California, acting through Caltrans, entered into Cooperative Agreement (Agreement 10-516) on February 4, 2021, which set forth the obligations of the parties in connection with the Project. Pursuant to Agreement 10-516, Caltrans is the lead agency under the National Environmental Policy Act of 1969, as amended (Pub. L. 91-190, 42 U.S.C. 4321-4347, January 1, 1970, as amended by Pub. L. 94-52, July 3, 1975, Pub. L. 94-83, August 9, 1975, and Pub. L. 97-258, § 4(b), Sept. 13, 1982) (NEPA) and under the California Environmental Quality Act (CEQA), Public Resources Code Section 21000, et seq. The City is the sponsor of the Project, and is the implementing agency for plans, specifications, and estimates, and for right-of-way activities; and

WHEREAS,
pursuant to Agreement 10-516, the parties agreed that the City is authorized to hear and adopt Resolutions of Necessity in connection with the Project and in accordance with applicable law; and

WHEREAS,
it is desirable and necessary for the City to acquire certain real property, specifically a 12,354 square foot fee simple interest described and depicted in Exhibits A and B from the property located at 26116 Patterson Pass Road, unincorporated San Joaquin County, California, and identified as San Joaquin County Assessor’s Parcel Number 209-090-21 (“Subject Property Interest”) for the Project; and

WHEREAS,
the City is vested with the power of eminent domain to acquire real property by virtue of Article 1, Section 19 of the Constitution of the State of California, Section 37350.5 and 40404 of the California Government Code, and Sections 1240.010-1240.050, 1240.110,

ATTACHMENT B
Resolution 2023-_____

1240.120,1240.150, 1240.220, 1240.410, 1240.610, and 1240.650 of the California Code of Civil Procedure; and
WHERE
AS, pursuant to the provisions of Section 7267.2 of the California Government Code, the City made an offer to the owners of record to acquire the fee simple interest described and depicted in Exhibits A and B for the amount which it established to be just compensation; and
WHERE
AS, Pursuant to the provisions of Section 1245.235 of the Code of Civil Procedure, written notice of the intent to consider the adoption of this resolution of necessity was sent on January 20, 2023, to Debra Ann Leal and Janice Lynn Gee, the owners of record of the Subject Property Interest providing them notice and granting them a reasonable opportunity to appear and be heard before the City Council at the Resolution of Necessity hearing held on February 21, 2023 on the following matters:
a. Whethe
r the public interest and necessity require the Project; b. Whethe
r the Project is planned or located in the manner that will be most compatible with the greatest public good and least private injury; c. Whether
the Subject Property Interest described and depicted in Exhibits A and B is necessary for the Project; and
d. Whet
her the offer required by Government Code Section 7267.2 has been made to all owners of record; and
WHERE
AS, Due consideration of all oral and documentary evidence introduced has been given;
NOW,
THEREFORE, be it, by vote of four (4/5) or more of its members, the City Council of the City of Tracy found and:

RESOL
VED: That the recitals contained herein are true and correct; and be it further RESOL
VED: That the public interest and necessity require the Project which is intended to reduce traffic congestion and improve local traffic circulation; and be it further RESOL
VED: That the Project is planned or located in a manner that will be the most compatible with the greatest public good and the least private injury; and be it further RESOL
VED: That the Subject Property Interest described and depicted in Exhibits A and B is necessary for the Project; and be it further
RESOL
VED: That the offer to purchase required by California Government Code section 7267.2 has been made to the record owner(s) of the Subject Property Interest; and be it further RESOL
VED: That the necessary notice of hearing on this Resolution has been given as required by Code of Civil Procedure section 1245.235; and be it further Resolution 2023-_____

RESOLVED: That the City has fully complied with the California Environmental Quality Act (“CEQA”) with respect to the Project and the acquisition of the Property, as The Final IS/MND (CEQA Approval) and CE (NEPA Approval) were obtained on February 25, 2021; and be it further
RESOL
VED: That the City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain (the “right to take”) to acquire the Subject Property Interest; and be it further
RESOL
VED: That the City declares its intention to acquire the Subject Property Interest in accordance with the provision of the laws of the State of California governing condemnation procedures; and be it further
RESOL
VED: That the City finds that if any portion of the Subject Property Interest has been appropriated to some public use, the public uses to which it is to be applied by the City for the Project, as described above, are more necessary and paramount public uses, pursuant to Code of Civil Procedure section 1240.610, or, alternatively, are compatible with those other uses pursuant to Code of Civil Procedure section 1240.510; and be it further RESOL
VED: That the City of Tracy is AUTHORIZED AND EMPOWERED:

1. To acquir
e in the name of the City of Tracy, by condemnation, the said Subject Property Interest in accordance with the provisions of the eminent domain law, the Code of Civil Procedure, the Government Code and the Constitution of California;

2. To prepar
e and prosecute in the name of the City of Tracy, such proceedings in the proper court as are necessary for such acquisition; and

3. To deposit
the probable amounts of compensation, based on appraisals, and to apply to said court for an order permitting the City of Tracy to take immediate possession and use said Subject Property Interest for said public uses and purposes. * * *
* * * * * * * * * * *
Resolution 2023-_____

The foregoing Resolution 2023-_____ was adopted by the Tracy City Council on 21 st 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

EXHIBIT A
1 of 2
EXHIBIT “A”
LE

GAL DESCRIPTION
PARCEL 17570-1
All that real property in the unincorporated area of County of San Joaquin, State of California, situated in Section 28, Township 2 South Range 4 East, Mount Diablo Meridian, being a portion of the lands described and designated as “Parcel One” in that certain GRANT DEED, recorded October 13, 2020, as Document Number 2020- 136322, San Joaquin County Official Records, lying southwesterly of the following described lines:

BEGINNING at a found 3/4“ iron pipe with plug stamped “CA266”, located at the northwesterly terminus of that course shown as “N 42°22’15” W 1,738.06’” on that certain “Department of Water Resources Right of Way Map“, Drawing No. 01008- 39-04, said course shown also on State Record Right of Way Map, RW-022 SJ 580 Sheet 2, recorded at the Department of Transportation, State of California; Thence along the southeasterly line of said GRANT DEED, South 42°21'23" East, 321.42 feet more or less to the Quarter Section line of said Section 28, and the POINT OF TERMINATION;
Thence from said POINT OF BEGINNING, North 44°47'10" West, 310.05 feet to a point on the northeasterly right-of-way line of Interstate 580 as shown on said State Record Right of Way Map, and the POINT OF TERMINATION.

Containing 12,354 square feet, more or less.

This conveyance is made for the purpose of a freeway and the grantor hereby releases and relinquishes to the grantee any and all abutter’s rights, including access rights, appurtenant to grantor’s remaining property, in and to said freeway.

The bearings and distances used in the above description are based on the California Coordinate System of 1983, Zone 2, Epoch 2010.00. Multiply the above distances by 1.000077186 to obtain ground level distances. 2 of 2
This real property description has been prepared at Mark Thomas & Company Inc. by
me or under my direction in conformance with the Professional Land Surveyors’ Act.

Bob R. Knuth, LS 7938
November 8, 2022
Date

EXHIBIT B

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

CITY COUNCIL
RESOLU
TION 2023-_____

A RESOLU

TION OF NECESSITY OF THE CITY COUNCIL OF THE CITY OF

TRACY FINDING AND DETERMINING THAT THE PUBLIC INTEREST,

CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN PROPERTY INTERESTS FOR A PUBLIC PROJECT (I-580/PATTERSON PASS

ROAD INTERCHANGE PROJECT), AUTHORIZING THE ACQUSITION

THEREOF, AND DIRECTING THE CITY ATTORNEY TO FILE EMINENT

DOMAIN PROCEEDINGS
(HARMINDER
KAUR; RAJWINDER KAUR; GUPREET SINGH; CHARNIT
SINGH AND RAMANDEEP KAUR, TRUSTEES –
ASSESSOR’S PARCEL NUMBER 209-100-280)
WHEREAS, t
he City of Tracy (City), in cooperation with the California Department of Transportation (Caltrans), seeks to construct the proposed Interstate 580 (I-580)/Patterson Pass Road Interchange (Project), which consists of modifications to the existing interchange, freeway auxiliary lanes, and connecting roadways at the existing Patterson Pass Road Interchange at I- 580 in Tracy; and

WHEREAS,
the City and the State of California, acting through Caltrans, entered into Cooperative Agreement (Agreement 10-516) on February 4, 2021, which set forth the obligations of the parties in connection with the Project. Pursuant to Agreement 10-516, Caltrans is the lead agency under the National Environmental Policy Act of 1969, as amended (Pub. L. 91-190, 42 U.S.C. 4321-4347, January 1, 1970, as amended by Pub. L. 94-52, July 3, 1975, Pub. L. 94-83, August 9, 1975, and Pub. L. 97-258, § 4(b), Sept. 13, 1982) (NEPA) and under the California Environmental Quality Act (CEQA), Public Resources Code Section 21000, et seq. The City is the sponsor of the Project, and is the implementing agency for plans, specifications, and estimates, and for right-of-way activities; and

WHEREAS,
pursuant to Agreement 10-516, the parties agreed that the City is authorized to hear and adopt Resolutions of Necessity in connection with the Project and in accordance with applicable law; and

WHEREAS,
it is desirable and necessary for the City to acquire certain real property, specifically, two fee simple acquisitions totaling 3.12 acres, 1,490 square feet of permanent easement for communication purposes, and two TCEs totaling 2.29 acres described and depicted in Exhibits A, B, A-1, B-1, A-2, B-2, A-3, B-3, A-4, and B-4 from the property located at 25883 S. Patterson Pass Road in unincorporated San Joaquin County, California, Assessor’s Parcel Number 209-100-280 (“Subject Property Interests”) for the I-580/Patterson Pass Road Interchange Project (Project); and

ATTACHMENT C
Resolution 2023-_____

WHEREAS, the City is vested with the power of eminent domain to acquire real property by virtue of Article 1, Section 19 of the Constitution of the State of California, Section 37350.5 and 40404 of the California Government Code, and Sections 1240.010-1240.050, 1240.110, 1240.120,1240.150, 1240.220, 1240.410, 1240.610, and 1240.650 of the California Code of Civil Procedure; and
WHERE
AS, pursuant to the provisions of Section 7267.2 of the California Government Code, the City made an offer to the owners of record to acquire the Subject Property interests described and depicted in Exhibits A, B, A-1, B-1, A-2, B-2, A-3, B-3, A-4, and B-4 for the amount which it established to be just compensation; and WHERE
AS, pursuant to the provisions of Section 1245.235 of the Code of Civil Procedure, written notice of the intent to consider the adoption of this resolution of necessity was sent on January 20, 2023, to Harminder Kaur; Rajwinder Kaur; Gupreet Singh; Charnit Singh and Ramandeep Kaur, Trustees who are the owners of record of the Subject Property Interests providing them notice and granting them a reasonable opportunity to appear and be heard before the City Council at the Resolution of Necessity hearing held on February 21, 2023 on the following matters:
a. Whethe
r the public interest and necessity require the Project; b. Whethe
r the Project is planned or located in the manner that will be most compatible with the greatest public good and least private injury; c. Whethe
r the Subject Property Interests described and depicted in Exhibits A, B, A-1, B-1 [fee simple acquisitions], A-2 and B-2 [permanent easement for communication purposes], and A-3, B-3, A-4, and B-4 [TCEs] are necessary for the Project; and
d. Whethe
r the offer required by Government Code Section 7267.2 has been made to all owners of record; and
WHERE
AS, due consideration of all oral and documentary evidence introduced has been given;
NOW,
THEREFORE, be it, by vote of four (4/5) or more of its members, the City Council of the City of Tracy found and:

RESOL
VED: That the recitals contained herein are true and correct; and be it further RESOLVED: That the public interest and necessity require the Project which is intended to reduce traffic congestion and improve local traffic circulation; and be it further RESOLVED: That the Project is planned or located in a manner that will be the most compatible with the greatest public good and the least private injury; and be it further RESOLVED: That the Subject Property Interests are necessary for the Project; and be it further
Resolution 2023-_____

RESOLVED: That the offer to purchase required by California Government Code section 7267.2 has been made to the record owner(s) of the Subject Property Interests; and be it further RESOLVED: That the necessary notice of hearing on this Resolution has been given as required by Code of Civil Procedure section 1245.235; and be it further RESOLVED: That the City has fully complied with the California Environmental Quality Act (“CEQA”) with respect to the Project and the acquisition of the Subject Property Interests, as The Final IS/MND (CEQA Approval) and CE (NEPA Approval) were obtained on February 25, 2021; and be it further
RESOLVED: That the City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain (the “right to take”) to acquire the Subject Property Interests; and be it further
RESOLVED: That the City declares its intention to acquire the Subject Property Interests in accordance with the provision of the laws of the State of California governing condemnation procedures; and be it further
RESOLVED: That the City finds that if any portion of the Subject Property Interests has been appropriated to some public use, the public uses to which it is to be applied by the City for the Project, as described above, are more necessary and paramount public uses, pursuant to Code of Civil Procedure section 1240.610, or, alternatively, are compatible with those other uses pursuant to Code of Civil Procedure section 1240.510; and be it further RESOLVED: That the City is AUTHORIZED AND EMPOWERED:

1. To acquir
e in the name of the City of Tracy, by condemnation, the said Subject Property Interests in accordance with the provisions of the eminent domain law, the Code of Civil Procedure, the Government Code and the Constitution of California;

2. To prepar
e and prosecute in the name of the City of Tracy, such proceedings in the proper court as are necessary for such acquisition; and

3. To deposit
the probable amounts of compensation, based on appraisals, and to apply to said court for an order permitting the City of Tracy to take immediate possession and use said Subject Property Interests for said public uses and purposes. * * *
* * * * * * * * * * *
Resolution 2023-_____

The foregoing Resolution 2023-_____ was adopted by the Tracy City Council on 21 st 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

EXHIBIT A
1 of 2

EXHIBIT “A”
L

EGAL DESCRIPTION
PARCEL 17574-1
All that real property in the unincorporated area of County of San Joaquin, State of California, situated in Section 33, Township 2 South, Range 4 East, Mount Diablo Meridian, being a portion of the lands described and designated as “Parcel “1” Per PA 1600069” in that certain NOTICE OF LOT LINE ADJUSTMENT, recorded August 11, 2016, as Document Number 2016-094066, San Joaquin County Official Records, lying northeasterly of the following described line:

BEGINNING from a point on the southwesterly right-of-way line of Interstate 580 as described in that AMENDED PARCEL NO. 4-A of that certain FINAL ORDER OF CONDEMNATION, recorded January 3, 1967 in Book 3095 at Page 691, San Joaquin County Official Records, said point being South 35°37'49" East (Record=N.35°38’41”E.), 321.65 feet from the northerly terminus of that course shown as “N. 35°38’41” W., 365.25 feet” in that FINAL ORDER OF CONDEMNATION;
Thence leaving said southwesterly right-of-way line South 20°22'01" East, 53.26 feet more or less to a point on said southwesterly right-of-way line and the POINT OF TERMINATION of this line description.

Containing 306 square feet, more or less.

This conveyance is made for the purpose of a freeway and the grantor hereby releases and relinquishes to the grantee any and all abutter’s rights, including access rights, appurtenant to grantor’s remaining property, in and to said freeway.

The bearings and distances used in the above description are based on the California Coordinate System of 1983, Zone 2, Epoch 2010.00. Multiply the above distances by 1.000077186 to obtain ground level distances.

2 of 2

This real property description has been prepared at Mark Thomas & Company Inc. by
me or under my direction in conformance with the Professional Land Surveyors’ Act.

Bob R. Knuth, LS 7938

November 8, 2022
Date

EXHIBIT B

EXHIBIT A-1
1 of 3
EXHIBIT “A-1”

LEGAL DESCRIPTION
PARCEL 17574-2
All that real property in the unincorporated area of County of San Joaquin, situated in Section 33, Township 2 South, Range 4 East, Mount Diablo Meridian, being a portion of the lands described and designated as “Parcel “1” Per PA 1600069” in that certain Notice of Lot Line Adjustment, recorded August 11, 2016, as Document Number 2016-094066, San Joaquin County Official Records, more particularly described as follows:

BEGINNING at the most easterly corner of said Parcel “1”, said corner being the southeasterly terminus of that course shown as “N 20°50”49” W 206.16’” on that certain Map of Survey, filed for record on June 10, 1969, in Book 19 of Surveys at

right-of-way of Patterson Pass Road, as right-of-way is delineated in “Proposed Relinquishment to the County of San Joaquin”, filed in the State Highway Book No. 15, at Page 29 and described in “RELINQUISHMENT OF HIGHWAY RIGHT-OF- WAY IN THE COUNTY OF SAN JOAQUIN, ROAD 10-SJ-580-13.5 REQUEST NO. 51”, recorded on April 13, 1967 in Book 3117 at Page 19, San Joaquin County Official Records;
Thence along the easterly and northeasterly lines of said Parcel “1”, the following two (2) courses:
1) North 20°49'23" West, 206.15 feet
2) North 55°07'52" East, 281.58 feet;
Thence leaving said northeasterly line the following eight (8) course:
1) North 35°37'49" West, 221.09 feet to the beginning of a non-tangent curve to the left to which a radial line bears North 54°22'11" East; 2) Thence along said curve, having a radius of 9910.00 feet, through a central angle of 0°49’55”, an arc length of 143.92 feet
3) North 37°13'30" West, 135.86 feet;
2 of 3

4) S outh 19°57'04" East, 349.59 feet to the beginning of a tangent curve to the right;
5) Thence along said curve, having a radius of 124.00 feet, through a central angle of 77°16’32”, an arc length of 167.24 feet
6) South 57°19'26" West, 487.68 feet to the beginning of a tangent curve to the left;
7) Thence along said curve, having a radius of 140.00 feet, through a central angle of 99°12’41”, an arc length of 242.42 feet;
8) South 41°53'15" East, 169.26 feet to a point on said northwesterly right-of- way line;
Thence along said northwesterly right-of-way line the following two (2) course:
1) North 34°46'45" East, 20.55 feet;
2) North 48°08'19" East, 134.07 feet to the beginning of a non-tangent curve to the right to which a radial line bears South 14°52'40" East; Thence leaving said northwesterly right-of-way line the following six (6) course:
1) Thence along said curve, having a radius of 86.00 feet, through a central angle of 59°35’14”, an arc length of 89.44 feet;
2) North 45°17'26" West, 47.11 feet to the beginning of a tangent curve to the right;
3) Thence along said curve, having a radius of 85.00 feet, through a central angle of 100°25’18”, an arc length of 148.98 feet
4) North 55°07'52" East, 255.34 feet;
5) South 80°19'43" East, 36.07 feet;
6) South 34°57'59" East, 174.69 feet to said northwesterly right-of-way line; Thence along said northwesterly right-of-way line, North 55°07'51" East, 51.79 feet to the POINT OF BEGINNING.

Containing 3.11 acres, more or less.
3 of 3

The bearings and distances used in the above description are based on the C
alifornia Coordinate System of 1983, Zone 2, Epoch 2010.00. Multiply the above distances by 1.000077186 to obtain ground level distances.

This real property description has been prepared at Mark Thomas & Company Inc. by me or under my direction in conformance with the Professional Land Surveyors’ Act.

Bob R. Knuth, LS 7938

November 8, 2022

Date

EXHIBIT B-1

EXHIBIT A-2
Exhibit A-2

DESCRIPTION OF PERPETUAL EASEMENT FOR COMMUNICATION PURPOSES The City of Tracy, a municipal corporation (“CITY”) and its successor’s and assigns shall have the rights to a perpetual easement for the excavation, construction, installation, use, operation, maintenance, repair, or replacement (in the original or any other size) as CITY shall from time to time elect, of underground communication facilities consisting of suspended and underground wires, fiber optic conduits, cables, fixtures and appurtenances, with associated above ground pedestals, to and for each of said uses, in, over, under, and across a strip of land as hereinafter set forth (”Easement”) and also for the right of ingress thereto and egress therefrom, for all purposes useful or convenient in connection with or incidental to the Easement in the lands situated in the City of Tracy, County of San Joaquin, State of California, described as follows:

Easement as described in Exhibit “A-2” and shown in Exhibit “B-2” attached hereto.

Owner reserves the right to use said easement area for purposes which will not interfere with the CITY’s full enjoyment of the rights hereby granted; provided that OWNER, its successors or assigns, shall not excavate, erect, place or construct any permanent building or other structures, septic system, leach field, construct any fence, trees, place underground utilities, drill, or operate any well, or construct any reservoir or other obstruction within said easement area, or diminish or install anything that will interfere with the rights herein granted to the CITY within said easement area. 1 of 2
EXHIBIT “A-2”

LEGAL DESCRIPTION
FOR A 10 WIDE FOOT COMMUNICATION EASEMENT
All that real property in the unincorporated area of County of San Joaquin, situated in Section 33, Township 2 South, Range 4 East, Mount Diablo Meridian, being a portion of the lands described and designated as “Parcel 1 per PA 1600069” in that certain NOTICE OF LOT LINE ADJUSTMENT, recorded August 11, 2016, as Document Number 2016-094066, San Joaquin County Official Records, more particularly described as follows:

Being a strip of land of a uniform width of 10.00 feet lying westerly and contiguous to the following described line:

BEGINNING at the easterly common corner between Parcel 1 and Parcel 2 as shown on that certain Map of Survey, filed for record on June 10, 1969, in Book 19 of Surveys at Page 62, San Joaquin County Records, said corner being situated on the northwesterly right-of-way of Patterson Pass Road, as right-of-way is delineated in “PROPOSED RELINQUISHMENT TO THE COUNTY OF SAN JOAQUIN”, filed in the State Highway Book No. 15, at Page 29 and described in “RELINQUISHMENT OF HIGHWAY RIGHT-OF-WAY IN THE COUNTY OF SAN JOAQUIN, ROAD 10-SJ-580-13.5 REQUEST NO. 51”, recorded on April 13, 1967 in Book 3117 at Page 19, San Joaquin County Official Records; Thence along the easterly line of said Parcel 1 and said northwesterly right-of-way North 55°07'52” East (Record= N. 55°07’ E.), 25.03 feet to the northeasterly terminus of that course shown as “N. 55°07’ E., 530.32 feet” in said “PROPOSED RELINQUISHMENT TO THE COUNTY OF SAN JOAQUIN”;
Thence leaving said northwesterly right-of-way and continuing along said easterly line and southwesterly Interstate 580 right-of-way line North 25°21’10” East, 97.47 feet, said right-of-way lines being described in that AMENDED PARCEL NO. 4-A, described in that certain FINAL ORDER OF CONDEMNATION, recorded January 3, 1967 in Book 3095 at Page 691, San Joaquin County Official Records; Thence leaving said easterly line and said northwesterly right-of-way North 20°22'01” West, 15.27 feet more or less to the POINT OF TERMINATION of the line herein being described.
2 of 2

Said strip is bounded on the north by the southwesterly line of a 10-foot easement g
ranted to The Pacific Telephone and Telegraph Company, recorded July 6, 1967 in Book 3136, at Page 28, San Joaquin County Official Records, and on the south by the common line between said Parcel 1 and Parcel 2.

Containing 1,490 square feet, more or less.

The bearings and distances used in the above description are based on the California Coordinate System of 1983, Zone 2, Epoch 2010.00. Multiply the above distances by 1.000077186 to obtain ground level distances.

This real property description has been prepared at Mark Thomas & Company Inc. by me or under my direction in conformance with the Professional Land Surveyors’ Act.

Bob R. Knuth, LS 7938

November 8, 2022
Date

EXHIBIT B-2

EXHIBIT A-3
Exhibit A-3

DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT
Temporary Construction Easement (“TCE”) Area: This TCE shall cover the area over, across, under, and through the real property situated in the County of San Joaquin, State of California, described in Exhibits A-3 and B-3 attached (“TCE Area”) for construction and related purposes for the City of Tracy’s I-580/Patterson Pass Road Interchange Project (“Project”).

Rights. The City of Tracy, a municipal corporation (“City”) and its successors and assigns shall have the rights, without limitation, to enter upon the TCE Area with personnel, vehicles and equipment for construction of the Project, and all other related activities, to remove all improvements, trees and vegetation that interfere with the Project, to conform the TCE Area to the Project, and do any and all other actions necessary and appropriate to the construction of the Project. As used here, “CITY” includes its officers, agents, contractors, and employees, and other governmental agencies responsible for review or construction of any portion of the Project and their officers, agents, contractors, and employees. If access to the TCE Area is across Owner’s Property, Owner shall maintain the rights of ingress and egress at all times during the construction period.

Term; This Temporary Construction Easement is for a period of 30 months, to begin upon effective possession.

Restoration. At no additional cost to CITY, CITY has the right to enter upon GRANTOR’s Property, where necessary, to reconstruct or perform any warranty or related work during or after the expiration of the TCE and any extension and/or the completion of the Project. The work may include related driveways, walkways, lawn, landscaped and hardscaped areas, irrigation systems, sidewalks or any area where reconstruction or warranty work on GRANTOR’s Property is necessary.

Conformance with laws. All work performed by CITY in the TCE Area shall conform to applicable building, fire, and sanitary laws, ordinances and regulations relating to the work and shall be done in a good and worker-like manner.
1 of 3
EXHIBIT “A-3”

LEGAL DESCRIPTION

TEMPORARY CONSTRUCTION EASEMENT
PARCEL 17574-3
All that real property in the unincorporated area of County of San Joaquin, situated in Section 33, Township 2 South, Range 4 East, Mount Diablo Meridian, being a portion of the lands described and designated as “Parcel “1” Per PA 1600069” in that certain NOTICE OF LOT LINE ADJUSTMENT, recorded August 11, 2016, as Document Number 2016-094066, San Joaquin County Official Records, more particularly described as follows:

BEGINNING from a point on the southwesterly right-of-way line of Interstate 580 described as AMENDED PARCEL NO. 4-A in that FINAL ORDER OF CONDEMNATION, recorded January 3, 1967 in Book 3095 at Page 691, San Joaquin County Official Records, said point being South 35°37’49” East (Record=N.35°38’41”W.), 321.65 feet from the northerly terminus of course (40) in said FINAL ORDER OF CONDEMNATION;
Thence, running southeasterly along said southwesterly right-of-way, South 35°37’49” East, 321.65 feet;
Thence, leaving said southwesterly right-of-way the following five (5) courses:
1) South 20°22’01” East, 37.99 feet;
2) North 35°37’49” West, 37.99 feet;
3) South 20°22’01” East, 47.70 feet,
4) South 25°21’10” West, 90.59 feet;
5) South 55°07’52” West, 21.76 feet to the beginning of a non-tangent curve to the right to which a radial line bears South 62°28’05” West to the southeasterly line of said “Parcel “1” Per PA 1600069”; Thence along said southeasterly line, the following five (5) courses:
6) Thence along said curve, having a radius of 73.99 feet, through a central angle of 40°42’33” an arc length of 52.57 feet;
2 of 3

7) N orth 13°10’38” East, 75.51 fee to the beginning of a tangent curve to the left; 8) Thence along said curve, having a radius of 65.00 feet, through a central angle of 48°48’27”an arc length of 55.37 feet;
9) North 35°37’49” West, 44.73 feet;
10) South 55°07’52” West, 20.00 feet;
Thence leaving said southeasterly line and running northwesterly the following four (4) courses:
11) North 35°37’49” West, 221.09 feet to the beginning of a tangent curve to the left;
12) Thence along said curve, having a radius of 9,910.00 feet, through a central angle of 0°49’55” an arc length of 143.92 feet;
13) North 37°13’30” West, 169.19 feet;
14) North 52°46’30” East, 40.00 feet to said southwesterly right-of-way line; Thence along said southwesterly right-of-way line the following two (2) courses:
15) South 37°13’30” East, 169.45 feet to the beginning of a non-tangent curve to the right to which a radial line bears North 53°32’10” East; 16) Thence along said curve, having a radius of 9,950.00 feet, through a central angle of 0°50’11” an arc length of 144.77 feet to the POINT OF BEGINNING;
Containing 0.67 acres, more or less.

The bearings and distances used in the above description are based on the California Coordinate System of 1983, Zone 2, Epoch 2010.00. Multiply the above distances by 1.000077186 to obtain ground level distances.

3 of 3
This real property description has been prepared at Mark Thomas & Company Inc. by
me or under my direction in conformance with the Professional Land Surveyors’ Act.

Bob R. Knuth, LS 7938 January
11, 2023
Date

EXHIBIT B-3

EXHIBIT A-4
Exhibit A-4

DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT
Temporary Construction Easement (“TCE”) Area: This TCE shall cover the area over, across, under, and through the real property situated in the County of San Joaquin, State of California, described in Exhibits A-4 and B-4 attached (“TCE Area”) for construction and related purposes for the City of Tracy’s I-580/Patterson Pass Road Interchange Project (“Project”) Rights. The City of Tracy, a municipal corporation (“City”) and its successors and assigns shall have the rights, without limitation, to enter upon the TCE Area with personnel, vehicles and equipment for construction of the Project, and all other related activities, to remove all improvements, trees and vegetation that interfere with the Project, to conform the TCE Area to the Project, and do any and all other actions necessary and appropriate to the construction of the Project. As used here, “CITY” includes its officers, agents, contractors, and employees, and other governmental agencies responsible for review or construction of any portion of the Project and their officers, agents, contractors, and employees. If access to the TCE Area is across Owner’s Property, Owner shall maintain the rights of ingress and egress at all times during the construction period.

Term; This Temporary Construction Easement is for a period of 30 months, to begin upon effective possession.

Restoration. At no additional cost to CITY, CITY has the right to enter upon GRANTOR’s Property, where necessary, to reconstruct or perform any warranty or related work during or after the expiration of the TCE and any extension and/or the completion of the Project. The work may include related driveways, walkways, lawn, landscaped and hardscaped areas, irrigation systems, sidewalks or any area where reconstruction or warranty work on GRANTOR’s Property is necessary.

Conformance with laws. All work performed by CITY in the TCE Area shall conform to applicable building, fire, and sanitary laws, ordinances and regulations relating to the work and shall be done in a good and worker-like manner.
1 of 2
EXHIBIT “A-4”

LEGAL DESCRIPTION

TEMPORARY CONSTRUCTION EASEMENT
PARCEL 17574-4
All that real property in the unincorporated area of County of San Joaquin, situated in Section 33, Township 2 South, Range 4 East, Mount Diablo Meridian, being a portion of the lands described and designated as “Parcel “1” Per PA 1600069” in that certain Notice of Lot Line Adjustment, recorded August 11, 2016, as Document Number 2016-094066, San Joaquin County Official Records, more particularly described as follows:

COMMENCING at the most easterly corner of said Parcel “1”, said corner being the southeasterly terminus of that course shown as “N 20°50”49” W 206.16’” on that certain Map of Survey, filed for record on June 10, 1969, in Book 19 of Surveys at

right-of-way of Patterson Pass Road, as right-of-way is delineated in “Proposed Relinquishment to the County of San Joaquin”, filed in the State Highway Book No. 15, at Page 29 and described in “RELINQUISHMENT OF HIGHWAY RIGHT-OF- WAY IN THE COUNTY OF SAN JOAQUIN, ROAD 10-SJ-580-13.5 REQUEST NO. 51”, recorded on April 13, 1967 in Book 3117 at Page 19, San Joaquin County Official Records;
Thence along the southeasterly line of said Parcel “1” and said northwesterly right- of-way line, South 55°07’52” West, 51.79 feet to the POINT OF BEGINNING; Thence continuing along said southeasterly line and said northwesterly right-of- way line the following two (2) courses:
1) South 55°07'52" West, 203.52 feet,
2) South 48°08'19" West, 98.45 feet to the beginning of a non-tangent curve to the right to which a radial line bears South 14°52’40” East; Thence leaving said southeasterly line and said northwesterly right-of-way line the following six (6) course:
3) Thence along said curve, having a radius of 86.00 feet, through a central angle of 59°35’14”, an arc length of 89.44 feet;
2 of 2

4) N orth 45°17'26" West, 47.11 feet to the beginning of a tangent curve to the right;
5) Thence along said curve, having a radius of 85.00 feet, through a central angle of 100°25’18”, an arc length of 148.98 feet
6) North 55°07'52" East, 255.34 feet;
7) South 80°19'43" East, 36.07 feet;
8) South 34°57'59" East, 174.69 feet to said to the POINT OF BEGINNING.

Containing 1.62 acres, more or less.

The bearings and distances used in the above description are based on the California Coordinate System of 1983, Zone 2, Epoch 2010.00. Multiply the above distances by 1.000077186 to obtain ground level distances.

This real property description has been prepared at Mark Thomas & Company Inc. by me or under my direction in conformance with the Professional Land Surveyors’ Act.

Bob R. Knuth, LS 7938

January 11, 2023

Date

EXHIBIT B-4

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

CITY COUNCIL
RESOL
UTION 2023-_____

A RESOL

UTION OF NECESSITY OF THE CITY COUNCIL OF THE CITY OF

TRACY FINDING AND DETERMINING THAT THE PUBLIC INTEREST,

CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN PROPERTY INTERESTS FOR A PUBLIC PROJECT (I-580/PATTERSON PASS

ROAD INTERCHANGE PROJECT), AUTHORIZING THE ACQUSITION

THEREOF, AND DIRECTING THE CITY ATTORNEY TO FILE OF EMINENT

DOMAIN PROCEEDINGS
(PANKA
J KALRA AND TANU KALRA, TRUSTEES; KANWAR RAJ SINGH
AND PRIYA AGGARWAL, Trustees; SMILE DHIR AND ANTIMA GHAI, TRUSTEES; ATUL ARORA AND SHEFALI ARORA, TRUSTEES; TABIR SINGH DHILLON –
ASSESSOR’S PARCEL NUMBER 209-100-300)
WHEREA
S, the City of Tracy (City), in cooperation with the California Department of Transportation (Caltrans), seeks to construct the proposed Interstate 580 (I-580)/Patterson Pass Road Interchange (Project), which consists of modifications to the existing interchange, freeway auxiliary lanes, and connecting roadways at the existing Patterson Pass Road Interchange at I- 580 in Tracy; and
WHEREA
S, the City and the State of California, acting through Caltrans, entered into Cooperative Agreement (Agreement 10-516) on February 4, 2021, which set forth the obligations of the parties in connection with the Project. Pursuant to Agreement 10-516, Caltrans is the lead agency under the National Environmental Policy Act of 1969, as amended (Pub. L. 91-190, 42 U.S.C. 4321-4347, January 1, 1970, as amended by Pub. L. 94-52, July 3, 1975, Pub. L. 94-83, August 9, 1975, and Pub. L. 97-258, § 4(b), Sept. 13, 1982) (NEPA) and under the California Environmental Quality Act (CEQA), Public Resources Code Section 21000, et seq. The City is the sponsor of the Project, and is the implementing agency for plans, specifications, and estimates, and for right-of-way activities; and WHEREA
S, pursuant to Agreement 10-516, the parties agreed that the City is authorized to hear and adopt Resolutions of Necessity in connection with the Project and in accordance with applicable law; and
WHEREA
S, it is desirable and necessary for the City to acquire certain real property, specifically two fee simple acquisitions totaling 3.67 acres, 8,315 square feet permanent easement for retaining wall and maintenance purposes, and 10,219 square feet permanent easement for communication purposes from the property located at 26106 Patterson Pass Road Assessor’s Parcel Number 209-100-300, unincorporated area of San Joaquin County, and

ATTACHMENT D
Resolution 2023-_____

identified as San Joaquin County Tax Assessor's Parcel Number APN 209-100-300 (“Subject Property Interests”) for the Project; and
WHERE
AS, the City is vested with the power of eminent domain to acquire real property by virtue of Article 1, Section 19 of the Constitution of the State of California, Section 37350.5 and 40404 of the California Government Code, and Sections 1240.010-1240.050, 1240.110, 1240.120,1240.150, 1240.220, 1240.410, 1240.610, and 1240.650 of the California Code of Civil Procedure; and
WHERE
AS, pursuant to the provisions of Section 7267.2 of the California Government Code, the City made an offer to acquire the Subject Property Interests described and depicted in Exhibits A, B, A-1, and B-1 [Fee takes], A-2 and B-2 [retaining wall permanent easement], and A-3 and B-3 [permanent easement for communication purposes] for the amount which it established to be just compensation; and WHERE
AS, pursuant to the provisions of Section 1245.235 of the Code of Civil Procedure, written notice of the intent to consider the adoption of this resolution of necessity was sent on January 20, 2023, to Pankaj Kalra and Tanu Kalra, Trustees; Kanwar Raj Singh and Priya Aggarwal, Trustees; Smile Dhir and Antima Ghai, Trustees; Atul Arora and Shefali Arora, Trustees; Tabir Singh Dhillon, the owners of record of the Subject Property Interests providing them notice and granting them a reasonable opportunity to appear and be heard before the City Council at the Resolution of Necessity hearing held on February 21, 2023 on the following matters:
a. Whethe
r the public interest and necessity require the Project; b. Whethe
r the Project is planned or located in the manner that will be most compatible with the greatest public good and least private injury; c. Whethe
r the Subject Property Interests described and depicted in Exhibits A, B, A-1, and B-1 [fee simple acquisition], Exhibits A-2 and B-2 [permanent easement for retaining wall], and Exhibit A-3 and B-3 [permanent easement for communication purposes] are necessary for the Project; and d. Whethe
r the offer required by Government Code Section 7267.2 has been made to all owners of record; and
WHERE
AS, due consideration of all oral and documentary evidence introduced has been given;
NOW,
THEREFORE, be it, by vote of four (4/5) or more of its members, the City Council of the City of Tracy found and:

RESOL
VED: That the recitals contained herein are true and correct; and be it further RESOL
VED: That the public interest and necessity require the Project which is intended to reduce traffic congestion and improve local traffic circulation; and be it further RESOL
VED: That the Project is planned or located in a manner that will be the most compatible with the greatest public good and the least private injury; and be it further Resolution 2023-_____

RESOL
VED: That the Subject Property Interests described and depicted in Exhibits A, B, A-1, and B-1 [fee simple acquisition], Exhibits A-2 and B-2 [permanent easement for retaining wall], and Exhibit A-3 and B-3 [permanent easement for communication purposes] are necessary for the Project; and be it further
RESOL
VED: That the offer to purchase required by California Government Code section 7267.2 has been made to the record owner(s) of the Subject Property Interests; and be it further RESOL
VED: That the necessary notice of hearing on this Resolution has been given as required by Code of Civil Procedure section 1245.235; and be it further RESOL
VED: That the City has fully complied with the California Environmental Quality Act (“CEQA”) with respect to the Project and the acquisition of the Property, as The Final IS/MND (CEQA Approval) and CE (NEPA Approval) were obtained on February 25, 2021; and be it further
RESOL
VED: That the City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain (the “right to take”) to acquire the Subject Property Interests; and be it further
RESOL
VED: That the City declares its intention to acquire the Subject Property Interests in accordance with the provision of the laws of the State of California governing condemnation procedures; and be it further
RESOL
VED: That the City finds that if any portion of the Subject Property Interests has been appropriated to some public use, the public uses to which it is to be applied by the City for the Project, as described above, are more necessary and paramount public uses, pursuant to Code of Civil Procedure section 1240.610, or, alternatively, are compatible with those other uses pursuant to Code of Civil Procedure section 1240.510; and be it further RESOL
VED: That the City of Tracy is AUTHORIZED AND EMPOWERED:

1. To acquir
e in the name of the City of Tracy, by condemnation, the said Subject Property Interests in accordance with the provisions of the eminent domain law, the Code of Civil Procedure, the Government Code and the Constitution of California;

2. To prepar
e and prosecute in the name of the City of Tracy, such proceedings in the proper court as are necessary for such acquisition; and

3. To deposit
the probable amounts of compensation, based on appraisals, and to apply to said court for an order permitting the City of Tracy to take immediate possession and use said Subject Property Interests for said public uses and purposes. * * *
* * * * * * * * * * *
Resolution 2023-_____

The foregoing Resolution 2023-_____ was adopted by the Tracy City Council on 21 st 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

EXHIBIT A
1 of 2
EXHIBIT “A”
LE

GAL DESCRIPTION
PARCEL 17575-1
All that real property in the unincorporated area of County of San Joaquin, State of California, situated in Section 33, Township 2 South, Range 4 East, Mount Diablo Meridian, being a portion of the lands described and designated as “Parcel One” in that certain GRANT DEED, recorded June 19, 2018, as Document Number 2018- 067359, San Joaquin County Official Records, lying northeasterly of the following described line:

COMMENCING from a point on the southwesterly right-of-way line of Interstate 580 as described in AMENDED PARCEL NO. 4-A of that certain FINAL ORDER OF CONDEMNATION, recorded January 3, 1967 in Book 3095 at Page 691, San Joaquin County Official Records, said point being the southwesterly terminus of course (24) shown as “S. 64°20’37” W., 129.20 feet” in said FINAL ORDER OF CONDEMNATION;
Thence leaving said southwesterly right-of-way line, and running southwesterly along the easterly right-of-way line of Patterson Pass Road as right-of-way is delineated in “Proposed Relinquishment to the County of San Joaquin”, filed in the Book 15 of State Highway Book, at Page 29 San Joaquin County Records and described in “RELINQUISHMENT OF HIGHWAY RIGHT-OF-WAY IN THE COUNTY OF SAN JOAQUIN, ROAD 10-SJ-580-13.5 REQUEST NO. 51”, recorded on April 13, 1967 in Book 3117 at Page 19, San Joaquin County Official Records, South 55°07’52” West (record N.55°07’E.), 115.13 feet to the TRUE POINT OF BEGINNING;
Thence leaving said easterly right-of-way line and proceeding along the following four (4) courses:
(1) South 34°52’44” East, 168.54 feet,
(2) North 56°54’41” East, 127.51 feet,
(3) North 68°06’15” East, 164.56 feet,
(4) South 55°28’07” East, 804.05 feet more or less to said southwesterly right-of- way line and the POINT OF TERMINATION of this line description.

Containing 1.54 acres, more or less.
2 of 2
This conveyance is made for the purpose of a freeway and the grantor hereby re
leases and relinquishes to the grantee any and all abutter’s rights, including access rights, appurtenant to grantor’s remaining property, in and to said freeway.

The bearings and distances used in the above description are based on the California Coordinate System of 1983, Zone 2, Epoch 2010.00. Multiply the above distances by 1.000077186 to obtain ground level distances.

This real property description has been prepared at Mark Thomas & Company Inc. by me or under my direction in conformance with the Professional Land Surveyors’ Act.

Bob R. Knuth, LS 7938
November 8, 2022
Date

EXHIBIT B

EXHIBIT A-1
1 of 2
EXHIBIT “A-1”

LEGAL DESCRIPTION
PARCEL 17575-2
All that real property in the unincorporated area of County of San Joaquin, State of California, situated in Section 33, Township 2 South, Range 4 East, Mount Diablo Meridian, being a portion of the lands described and designated as “Parcel One” in that certain Grant Deed, recorded June 19, 2018, as Document Number 2018- 067359, San Joaquin County Official Records, lying southwesterly, and northwesterly of the following described line:

COMMENCING from a point situated on the southwesterly right-of-way line of Interstate 580 as described in AMENDED PARCEL NO. 4-A of that certain FINAL ORDER OF CONDEMNATION, recorded January 3, 1967 in Book 3095 at Page 691, San Joaquin County Official Records, said point being the southwesterly terminus of course (19) shown as “S 64°20’37” W, 129.20’” in said FINAL ORDER OF CONDEMNATION;
Thence leaving said southwesterly right-of-way line, and running southwesterly along the easterly right-of-way line of Patterson Pass Road as right-of-way is delineated in “Proposed Relinquishment to the County of San Joaquin”, filed in the Book 15 of State Highway Book, at Page 29 San Joaquin County Records and described in “RELINQUISHMENT OF HIGHWAY RIGHT-OF-WAY IN THE COUNTY OF SAN JOAQUIN, ROAD 10-SJ-580-13.5 REQUEST NO. 51”, recorded on April 13, 1967 in Book 3117 at Page 19, San Joaquin County Official Records, South 55°07’52” West, 115.13 feet to the TRUE POINT OF BEGINNING; Thence leaving said easterly right-of-way line, and proceeding along the following seven (7) courses:
1) South 34°52’44” East, 168.54 feet
2) South 57°18’34” West, 70.67 feet,
3) South 67°30’48” West, 315.74 feet,
4) South 61°40’57” West, 339.92 feet,
5) South 26°36’31” West, 171.25 feet,
6) South 8°18’35” West, 539.25 feet,
2 of 2
7) North 83°41’40” West, 27.67 feet to easterly right-of-way line and the PO INT OF TERMINATION of this line description.

Containing 2.13 acres, more or less.

The bearings and distances used in the above description are based on the California Coordinate System of 1983, Zone 2, Epoch 2010.00. Multiply the above distances by 1.000077186 to obtain ground level distances.

This real property description has been prepared at Mark Thomas & Company Inc. by me or under my direction in conformance with the Professional Land Surveyors’ Act.

Bob R. Knuth, LS 7938
November 8, 2022
Date

EXHIBIT B-1

EXHIBIT A-2
Exhibit A-2

DESCRIPTION OF RETAINING WALL AND MAINTENANCE EASEMENT
This is a permanent easement for the purpose of lateral support for a retaining wall and the right and privilege to maintain said retaining wall, as the City of Tracy, a municipal corporation (“CITY”) deems necessary, inclusive of all lateral supports, in, under, over, along, upon and across, all that real property in the County of San Joaquin, State of California, described as:

Easement as described and depicted in Exhibits “A-2” and “B-2” attached hereto.

Also together with the right of ingress to and egress from said easement area over and across said lands by means of roads and lanes thereon, if such there be, otherwise by such route or routes as shall occasion the least practicable damage and inconvenience to the Owner, provided that such right of ingress and egress shall not extend to any portion of said lands which is isolated from said easement area by any public road or highway, now crossing or hereafter crossing said lands.

Owner reserves the right to use said easement area for purposes which will not interfere with the CITY’s full enjoyment of the rights hereby granted; provided that Owner, its successors or assigns, shall not excavate, erect, place or construct any permanent building or other structures, septic system, leach field, construct any fence, trees, place underground utilities, drill, or operate any well, or construct any reservoir or other obstruction within said easement area, or diminish or install anything that will interfere with the rights herein granted to the CITY within said easement area.

The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto.

EXHIBIT “A-2”

LEGAL DESCRIPTION
FOR A 10 WIDE FOOT RETAINING WALL CONSTRUCTION AND

MAINTENANCE EASEMENT
All that real property in the unincorporated area of County of San Joaquin, State of California, situated in Section 33, Township 2 South, Range 4 East, Mount Diablo Meridian, being a portion of the lands described and designated as Parcel One in that certain GRANT DEED, recorded June 19, 2018, as Document Number 2018- 067359, San Joaquin County Official Records, more particularly described as follows:

Being a strip of land of a uniform width of 10.00 feet lying southerly and contiguous to the following described line:

COMMENCING from the most easterly corner of said Parcel One, situated on the southwesterly right-of-way line of Interstate 580 as described in that AMENDED PARCEL NO. 4-A of that certain FINAL ORDER OF CONDEMNATION, recorded January 3, 1967 in Book 3095 at Page 691, San Joaquin County Official Records, being also the southeasterly terminus of course (16) shown as “N. 43°46’ W., 301.91 feet” in said FINAL ORDER OF CONDEMNATION;
Thence along said southwesterly right-of-way line, and northeasterly line of said Parcel One, North 43°45’08” West (record N.43°46’W.), 210.63 feet to the TRUE POINT OF BEGINNING;
Thence leaving said easterly right-of-way and northeasterly line, North 55°28’07” West, 804.05 feet more or less to the proposed State right-of-way line and the POINT OF TERMINATION of this line description.

The southerly line of said strip will extend to the southwesterly right-of-way line of Interstate 580.

Containing 8,315 square feet, more or less.

The bearings and distances used in the above description are based on the California Coordinate System of 1983, Zone 2, Epoch 2010.00. Multiply the above distances by 1.000077186 to obtain ground level distances. 1 of 2
2 of 2
This real property description has been prepared at Mark Thomas & Company Inc. by
me or under my direction in conformance with the Professional Land Surveyors’ Act.

Bob R. Knuth, LS 7938
November 8, 2022
Date
`

EXHIBIT B-2

EXHIBIT A-3
Exhibit A-3

DESCRIPTION OF PERPETUAL EASEMENT FOR COMMUNICATION PURPOSES The City of Tracy, a municipal corporation (“CITY”) and its successor’s and assigns shall have the rights to a perpetual easement for the excavation, construction, installation, use, operation, maintenance, repair, or replacement (in the original or any other size) as CITY shall from time to time elect, of underground communication facilities consisting of suspended and underground wires, fiber optic conduits, cables, fixtures and appurtenances, with associated above ground pedestals, to and for each of said uses, in, over, under, and across a strip of land as hereinafter set forth (”Easement”) and also for the right of ingress thereto and egress therefrom, for all purposes useful or convenient in connection with or incidental to the Easement in the lands situated in the City of Tracy, County of San Joaquin, State of California, described as follows:

Easement as described in Exhibit “A-3” and shown in Exhibit “B-3” attached hereto.

Owner reserves the right to use said easement area for purposes which will not interfere with the CITY’s full enjoyment of the rights hereby granted; provided that OWNER, its successors or assigns, shall not excavate, erect, place or construct any permanent building or other structures, septic system, leach field, construct any fence, trees, place underground utilities, drill, or operate any well, or construct any reservoir or other obstruction within said easement area, or diminish or install anything that will interfere with the rights herein granted to the CITY within said easement area. 1 of 2
EXHIBIT “A-3”

LEGAL DESCRIPTION
FOR A 10 WIDE FOOT COMMUNICATION EASEMENT
All that real property in the unincorporated area of County of San Joaquin, State of California, situated in Section 33, Township 2 South, Range 4 East, Mount Diablo Meridian, being a portion of the lands described and designated as Parcel One in that certain Grant Deed, recorded June 19, 2018, as Document Number 2018- 067359, San Joaquin County Official Records, more particularly described as follows:

Being a strip of land of a uniform width of 10.00 feet lying southerly and contiguous to the following described line:

COMMENCING from the most easterly corner of said Parcel One, shown as being situated on the southwesterly Interstate 580 right-of-way line as described in that AMENDED PARCEL NO. 4-A of that certain FINAL ORDER OF
CONDEMNATION by the State of California, acting by and through the Department of Water Resources and the Department of Public Works, recorded January 3, 1967 in Book 3095 at Page 691, San Joaquin County Official Records, being also the southeasterly terminus of that course shown as “N. 43°46’ W., 301.91 feet” in that FINAL ORDER OF CONDEMNATION;
Thence leaving said southwesterly right-of-way line, and along the southeasterly line of said Parcel One, South 61°07’42” West, 40.65 feet to the TRUE POINT OF BEGINNING;
Thence leaving said southeasterly line the following two (2) courses:
(1) North 43°47’00” West, 286.91 feet
(2) North 55°28’07” West, 725.08 feet more or less to the POINT OF TERMINATION of this line description.

Said strip is bounded on the southeast by the southeasterly line of said Parcel One and on the northwest by the proposed I-580 State right-of-way line.

Containing 10,129 square feet.
2 of 2

The bearings and distances used in the above description are based on the C
alifornia Coordinate System of 1983, Zone 2, Epoch 2010.00. Multiply the above distances by 1.000077186 to obtain ground level distances.

Bearings shown are in terms of said FINAL ORDER OF CONDEMNATION by the State of California, acting by and through the Department of Water Resources and the Department of Public Works, recorded January 3, 1967 in Book 3095 at Page 691, San Joaquin County Official Records.

This real property description has been prepared at Mark Thomas & Company Inc. by me or under my direction in conformance with the Professional Land Surveyors’ Act.

Bob R. Knuth, LS 7938

November 8, 2022

Date

EXHIBIT B-3

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

Y CITY COUNCIL
RES
OLUTION 2023-_____
A RESO

LUTION OF NECESSITY OF THE CITY COUNCIL OF THE CITY OF

TRACY FINDING AND DETERMINING THAT THE PUBLIC INTEREST,

CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN PROPERTY INTERESTS FOR A PUBLIC PROJECT (I-580/PATTERSON PASS

ROAD INTERCHANGE PROJECT), AUTHORIZING THE ACQUSITION

THEREOF, AND DIRECTING THE CITY ATTORNEY TO FILE EMINENT

DOMAIN PROCEEDINGS
(JET
MULCH INC., APN 209-100-310)
WHER
EAS, the City of Tracy (City), in cooperation with the California Department of Transportation (Caltrans), seeks to construct the proposed Interstate 580 (I-580)/Patterson Pass Road Interchange Project (Project), which consists of modifications to the existing interchange, freeway auxiliary lanes, and connecting roadways at the existing Patterson Pass Road Interchange at I-580 in Tracy; and
WHERE
AS, the City and the State of California, acting through Caltrans, entered into Cooperative Agreement (Agreement 10-516) on February 4, 2021, which set forth the obligations of the parties in connection with the Project. Pursuant to Agreement 10-516, Caltrans is the lead agency under the National Environmental Policy Act of 1969, as amended (Pub. L. 91-190, 42 U.S.C. 4321-4347, January 1, 1970, as amended by Pub. L. 94-52, July 3, 1975, Pub. L. 94-83, August 9, 1975, and Pub. L. 97-258, § 4(b), Sept. 13, 1982) (NEPA) and under the California Environmental Quality Act (CEQA), Public Resources Code Section 21000, et seq. The City is the sponsor of the Project, and is the implementing agency for plans, specifications, and estimates, and for right-of-way activities; and WHERE
AS, pursuant to Agreement 10-516, the parties agreed that the City is authorized to hear and adopt Resolutions of Necessity in connection with the Project and in accordance with applicable law; and
WHERE
AS, it is desirable and necessary for the City to acquire certain real property specifically a 4,237 square foot permanent easement for communication purposes described and depicted in Exhibits A and B for the Project from the property located at Via Nicolo Road, unincorporated area of San Joaquin County, and identified as San Joaquin County Tax Assessor's Parcel Number (APN) 209-100-310 (“Subject Property Interest”), for the I- 580/Patterson Pass Road Interchange Project (Project); and WHERE
AS, the City is vested with the power of eminent domain to acquire real property by virtue of Article 1, Section 19 of the Constitution of the State of California, Section 37350.5 and 40404 of the California Government Code, and Sections 1240.010-1240.050, 1240.110,

ATTACHMENT E
Resolution 2023-_____

1240.120,1240.150, 1240.220, 1240.410, 1240.610, and 1240.650 of the California Code of Civil Procedure; and

WHEREAS, pursuant to the provisions of Section 7267.2 of the California Government Code, the City made an offer to the owners of record to acquire the permanent easement interest described and depicted in Exhibits A and B for the amount which it established to be just compensation; and

WHEREAS, pursuant to the provisions of Section 1245.235 of the Code of Civil Procedure, written notice of the intent to consider the adoption of this resolution of necessity was sent on January 20, 2023, to JET MULCH INC., the owners of record of the Subject Property Interest providing them notice and granting them a reasonable opportunity to appear and be heard before the City Council at the Resolution of Necessity hearing held on February 21, 2023 on the following matters:

a. Whether the public interest and necessity require the Project;

b. Whether the Project is planned or located in the manner that will be most compatible with the greatest public good and least private injury;

c. Whether the Subject Property Interest described and depicted in Exhibits A and B is necessary for the Project; and

d. Whether the offer required by Government Code Section 7267.2 has been made to all owners of record; and

WHEREAS, due consideration of all oral and documentary evidence introduced has been given;

NOW, THEREFORE, be it, by vote of four (4/5) or more of its members, the City Council of the City of Tracy found and:

RESOLVED: That the recitals contained herein are true and correct; and be it further

RESOLVED: That the public interest and necessity require the Project which is intended to reduce traffic congestion and improve local traffic circulation; and be it further

RESOLVED: That the Project is planned or located in a manner that will be the most compatible with the greatest public good and the least private injury; and be it further

RESOLVED: That the Subject Property Interest described and depicted in Exhibits A and B is necessary for the Project; and be it further

RESOLVED: That the offer to purchase required by California Government Code section 7267.2 has been made to the record owner(s) of the Subject Property Interest; and be it further

RESOLVED: That the necessary notice of hearing on this Resolution has been given as required by Code of Civil Procedure section 1245.235; and be it further

Resolution 2023-_____

RESOLVED: That the City has fully complied with the California Environmental Quality Act (“CEQA”) with respect to the Project and the acquisition of the Subject Property Interest, as The Final IS/MND (CEQA Approval) and CE (NEPA Approval) were obtained on February 25, 2021; and be it further

RESOLVED: That the City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain (the “right to take”) to acquire the Subject Property Interest; and be it further

RESOLVED: That the City declares its intention to acquire the Subject Property Interest in accordance with the provision of the laws of the State of California governing condemnation procedures; and be it further

RESOLVED: That the City finds that if any portion of the area of the Subject Property Interest has been appropriated to some public use, the public uses to which it is to be applied by the City for the Project, as described above, are more necessary and paramount public uses, pursuant to Code of Civil Procedure section 1240.610, or, alternatively, are compatible with those other uses pursuant to Code of Civil Procedure section 1240.510; and be it further

RESOLVED: That the City of Tracy is AUTHORIZED AND EMPOWERED:

1. To acquire in the name of the City of Tracy, by condemnation, the said Subject Property Interest in accordance with the provisions of the eminent domain law, the Code of Civil Procedure, the Government Code and the Constitution of California;

2. To prepare and prosecute in the name of the City of Tracy, such proceedings in the proper court as are necessary for such acquisition; and

3. To deposit the probable amounts of compensation, based on appraisals, and to apply to said court for an order permitting the City of Tracy to take immediate possession and use said Subject Property Interest for said public uses and purposes.

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

Resolution 2023-_____

The foregoing Resolution 2023-_____ was adopted by the Tracy City Council on 21 st 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

EXHIBIT A
Exhibit A

DESCRIPTION OF PERPETUAL EASEMENT FOR COMMUNICATION PURPOSES The City of Tracy, a municipal corporation (“CITY”) and its successor’s and assigns shall have the rights to a perpetual easement for the excavation, construction, installation, use, operation, maintenance, repair, or replacement (in the original or any other size) as CITY shall from time to time elect, of underground communication facilities consisting of suspended and underground wires, fiber optic conduits, cables, fixtures and appurtenances, with associated above ground pedestals, to and for each of said uses, in, over, under, and across a strip of land as hereinafter set forth (”Easement”) and also for the right of ingress thereto and egress therefrom, for all purposes useful or convenient in connection with or incidental to the Easement in the lands situated in the City of Tracy, County of San Joaquin, State of California, described as follows:

Easement as described in Exhibit “A” and shown in Exhibit “B” attached hereto.

Owner reserves the right to use said easement area for purposes which will not interfere with the CITY’s full enjoyment of the rights hereby granted; provided that OWNER, its successors or assigns, shall not excavate, erect, place or construct any permanent building or other structures, septic system, leach field, construct any fence, trees, place underground utilities, drill, or operate any well, or construct any reservoir or other obstruction within said easement area, or diminish or install anything that will interfere with the rights herein granted to the CITY within said easement area.

EXHIBIT B
1 of 2
EXHIBIT “A”
LE

GAL DESCRIPTION
FOR A 10 WIDE FOOT COMMUNICATION EASEMENT
All that real property in the unincorporated area of County of San Joaquin, State of California, situated in Section 33, Township 2 South, Range 4 East, Mount Diablo Meridian, being a portion of the lands described in that certain GRANT DEED, recorded March 13, 2019, as Document No. 2019-025385, San Joaquin County Official Records, more particularly described as follows:

Being a strip of land of a uniform width of 10.00 feet lying southerly and contiguous to the following described line:

COMMENCING at the northwesterly corner of parcel described in said GRANT DEED, shown as being situated on the southwesterly Interstate 580 right-of-way line as described in that AMENDED PARCEL NO. 4-A of that certain FINAL ORDER OF CONDEMNATION by the State of California, acting by and through the Department of Water Resources and the Department of Public Works, recorded January 3, 1967 in Book 3095 at Page 691, San Joaquin County Official Records, being the northwesterly terminus of that course shown as “S. 67°28’34” E., 207.42 feet” in that Final Order of Condemnation;
Thence along the northwesterly line of said parcel South 61°07’42” West, 40.65 feet to the TRUE POINT OF BEGINNING;
Thence leaving said northwesterly line the following three (3) courses:
(1) South 43°47’00” East, 19.66 feet;
(2) South 67°29’34” East, 210.69 feet;
(3) South 52°28’20” East, 187.50 feet more or less to the POINT OF TERMINATION of this line description.

Said strip is bounded on the east by the easterly line of said parcel and on the west by the northwesterly line of said parcel.

Containing 4,237 square feet.

The bearings and distances used in the above description are based on the California Coordinate System of 1983, Zone 2, Epoch 2010.00. Multiply the above distances by 1.000077186 to obtain ground level distances. 2 of 2
Bearings shown are in terms of said FINAL ORDER OF CONDEMNATION by the St
ate of California, acting by and through the Department of Water Resources and the Department of Public Works, recorded January 3, 1967 in Book 3095 at Page 691, San Joaquin County Official Records.

This real property description has been prepared at Mark Thomas & Company Inc. by me or under my direction in conformance with the Professional Land Surveyors’ Act.

Bob R. Knuth, LS 7938
Nove
mber 8, 2022
Date

LEGEND
POC POINT OF COMMENCEMENT • �
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(R) RECORD DATA PER 3095 OR 691 '-
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SECTION 34
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STATE RIGHT or WAY
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APN: 209-100-JOO
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MARK THOMAS
Scale: 1" = 100'
Date Nov. 2022
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APN: 209-100-310
OfX. 2019-025385
OfX. 2016-097737
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OF 1
Exhibit B
Parcel 17576-1
APN 209-100-310
Plat to Accompany Legal Description
In the County of San Joaquin, California
Bearings and distances
are based on the
California Coordinate
System of 1993, Zone 2,
Epoch 2010.00. Multiply
distances shown by

1.000077186 to obtain
ground level distances.
\ \MARKlHOMAS.COM\MFS\PRO.ECTS\TRACY-SA-18167-1205 & 1580 IC MOUNTAIN HOUSE\SUR\/EY\PROOUCTION Fll.ES\LEGAL DESCRIPTIONS & PLATS\PARCEL 17576 APN 209-100-310 MULCH\17576-1 ATT ESMT.OWG 2022-11-01 LPAUN
February 21, 2023
Agenda Item 3.B

RECOMMENDATION
Staff recommends that the City Council receive an informational report regarding the City of Tracy Police Department’s Annual Report for 2022.

EXECUTIVE SUMMARY
The Tracy Police Department has prepared the City of Tracy Police Department’s 2022 Annual Report. The report provides the residents of Tracy with a statistical review of the Department’s performance, efforts, and accomplishments.

DISCUSSION
This report is intended to provide statistical i nformation related to crime trends, events, and law enforcement activities for the past year. The statistics serve the role of informing the public about the Department’s decisions, but t he statistics alone do not give a complete image of the role and activities of the Department’s personnel. The Department recognizes the importance of a strong partnership with the community and it constantly seeks areas of improvement in its delivery of services.

Du
ring 2022, the Department received 33,062 emergency calls through the 911 system, a decrease from the prior year. Department personnel handled 69,113 calls for service which is also a decrease from the prior year, which resulted in 1,737 arrests of adults and 61
juvenile arrests. Other than 911 calls, the most frequent calls coming into the Police Department
’s dispatch center are related to disturbances, alarms, Municipal Code violations and suspicious vehicles and persons.

Bu
ilding off of the technological advancements and grant funding that were already implemented in 2021, the Department was able to install license plate reader (LPR) cameras in 15 strategic intersections throughout the City, as well as in each Patrol car.

Through the use of LPR cameras, the Department has been able to respond to 201 Calls for Service.

In 2022, the Department introduced a comprehensive strategy for assisting to address the City’s unsheltered population with the implementation of the Familiar Faces team. The Department also saw a drastic increase in face-to-face community engagement events, which allows community members the ability to become more familiar with officers and the happenings of the City of Tracy.

FISCAL IMPACT
There is no fiscal impact associated with this action. This report provides statistical data only.

STRATEGIC PLAN
This agenda item is a routine operational item and relates to the Department’s Strategic Plan goal to increase transparency and communication through consistent and clear communication regarding the Department’s vision.

Agenda Item 3.B
February 21, 2023

RECOMMENDAT
ION
Staff recommends that the City Council receive an informational report regarding the City of Tracy Police Department’s Annual Report for 2022.

Prepared by: Kaylin Heefner, Police Community Relations Coordinator Approved by: Sekou Millington, Chief of Police

ATTACHMENTS
Attachment A: City of Tracy Police Department’s Annual Report for 2022 Attachment B: Powerpoint Presentation
Tracy Police

D E P A R T M E N T
2022

ANNUAL REPORT

ATTACHMENT A
Table of Contents
2 3. Message from the Chief

4. Organizational Values

5. Department Executive Staff

6. City Manager and Honorable Council

7. Department Personnel

8. Uniform Crime Reporting

9. Office of the Chief of Police

10. Professional Standards and Training

11. Personnel Investigations and Use of Force

12. Types of Force Used

13. Bureau of Field Operations

14. Patrol Operations

15. Special Enforcement Team

16. Community Service Officers

17. Community Service Division

18. Traffic Safety Unit

19. Traffic Safety Unit – Data

20. Neighborhood Resource Officer

21. Familiar Faces Homeless Outreach Team

22. School Resource Officers

23. Code Enforcement

24. Code Enforcement

25. Crime Prevention Specialist

26. Volunteers in Police Services

27. Bureau of Investigations

28. General Investigations Unit

29. Special Investigations Unit

30. CSI & Property Unit

31. Bureau of Support Services

32. Communications Unit

33. Records Unit

34. Animal Services

35. Ancillary Assignments

36. Ancillary Assignments

37. Ancillary Assignments

38. Ancillary Assignments

39. Ancillary Assignments

40. Promotions

41. Promotions

42. New Hires

43. New Hires

44. New Hires

45. New Hires

46. Award of Excellence – Michael Richards

47. Award of Excellence – Community Service
Division

48. Award of Excellence – Code Enforcement

49. Department Recognition Award – Alex
Contreras

50. Volunteer of the Year – Charles Harrison

51. Police Employee of the Year – Carlo Fanto

52. Police Officer of the Year – Brian Azevedo
Message from the Chief
The Tracy Police Department has a long history of
judicious, lawful, and minimal uses of force, supported by firm policy, training, supervision, progressive
thinking, community engagement, and community
expectations.

We are proud to be an organization that is
continuously seeking to improve, grow, and enhance
our commitment to protect and preserve life under an
umbrella of accountability. The men and women of
the Tracy Police Department continue to demonstrate
their adaptability and innovation by using new
technologies to provide outstanding service on a
day-to-day basis. I’m incredibly proud of the
dedicated work our Officers and Professional Staff
have accomplished this year.

As your Chief of Police, I’m committed to leading the
men and women of the Tracy Police Department to
provide respectful, responsible, and conscientious
public safety services. I’ve shared with every member
of the Tracy Police Department my values that would
be our north star to guide us forward, the foundation
of which is that the sanctity of life is the most precious of all our duties. By being committed to Fairness,
Integrity, Respect, Service, and Teamwork, we can
continue to create an environment where every
citizen, business, and visitor to the City of Tracy can live, work, and play free from crime or fear of crime.

We have a great deal of work to do, and I am
relentlessly committed to working with our community
to strengthen our trustworthiness and legitimacy with
all we serve. I look forward with high hopes and
humility to all of the fantastic accomplishments that
will take place this coming year.

Welcome to the Tracy Police Department’s 2022
Annual Report. As I reflect on the past year, and
all of our achievements, I can’t help but notice
how we continue to make advancements that
allow us to serve our community. It’s time to look
ahead, challenge ourselves, and continue to
advance in community-police relationships and
elevate our noble profession. We’re in a new
time, a new era of policing that requires new,
forward-thinking, and adaptability. Our caring
and dedicated staff have again prepared this
robust report to provide our community with
easy access to information about our
Department. This report includes statistics,
organizational operations, accomplishments,
goals, and information about our programs and
community outreach. The Tracy Police
Department has established the values of an
organization steeped in Service, Integrity, and
Excellence for over one hundred years.

This report lays out the framework for our
continued vision of addressing quality-of-life
issues through innovative programs that will
serve as a model for other agencies, deepening
our engagement with community stakeholders,
and continuously seeking advancements in
technology that can lead to a reduction in crime.

SEKOU MILLINGTON
Chief of police
Always seek long term resolutions to problems.

Provide honest, open, and timely (HOT) feedback.

Support organizational goals and strive to achieve them.

Stand against gossip and rumors.

Provide prompt response to requests and
communicators.

Promote proactive attitudes.

SERVICE
Honesty in thought and actions. Address behaviors, not
reputations. Practice organizational loyalty
over personal loyalties. Place organizational priorities over personal agendas.

INTEGRITY
Challenge the status quo by promoting new creative
and innovative ideas. Always be proud of your profession and Department.

Ascribe to being a lifelong learner. Always perform at
Department’s highest level or organizational standards.

Lead by example. Always go the extra step to meet the
community’s needs.

EXCELLENCE

VISION STATEMENT

The Tracy Police Department works to preserve the safety and high quality of life in Tracy through value-based policing.

MISSION STATEMENT

The Tracy Police Department aims to keep Tracy a safe place in which to live, work, and invest.

Organizational Values

C H I E F O F P O L I C E
S e k o u M i l l i n g t o n

B U R E A U O F

F I E L D O P E R A T I O N S
L u i s M e j i a
C a p t a i n
Patrol Division
Special
Enforcement
Team
Community
Services Division
SWAT
Traffic Safety
Unit
Drone Cadre
B e t h L y o n s - M c C a r t h y
M a n a g e r

B U R E A U O F

S U P P O R T S E R V I C E S
Fiscal
Management
Animal Services
Communications
Records

B U R E A U O F

I N V E S T I G A T I O N S
A l e x N e i c u
C a p t a i n
General
Investigations
Special
Investigations
Hi-Tech Crimes
Crime Scene Unit
Tracy Police Executive Staff

P R O F E S S I O N A L S T A N D A R D S
& T R A I N I N G D I V I S I O N
T r e v i n F r e i t a s
L i e u t e n a n t
MAYOR
Nancy Young

COUNCIL MEMBER
Elassia Davis

COUNCIL MEMBER
Dan Arriola

COUNCIL MEMBER
Mateo Bedolla

CITY MANAGER
Michael Rogers

MAYOR PRO TEM
Veronica Vargas
Honorable City Council
and City Manager
The Tracy Police Department budget ($34,645,236) was allocated to 105 full-time sworn officers,61 full-time professional staff, 3 part-time reserve officers, and 3 part-time professional employees.

The following chart shows the distribution and cost of personnel.

Department Personnel
Sworn
105
Full-Time Professional Staff
61 Part-Time Reserve Officer
3 Personnel
$29,304,191
Contracted Services
$5,099,792
Internal Service Charges
$241,253

B U D G E T A L L O C A T I O N

P E R S O N N E L A L L O C A T I O N
Part-Time Professional Employees
3 2020 2021 2022
300
200
100
0 U N I F O R M

C R I M E

R E P O R T I N G
Tracy Police Department reports its monthly crime statistics to the Federal Bureau of Investigations (FBI) through the National Incident-Based Reporting System (NIBRS) . Part 1 crimes are the most serious crimes and are divided into two categories:

Violent Crimes: homicide, rape, robbery, and aggravated assault.

Property Crimes: burglary, larceny, auto theft, and arson.

V I O L E N T C R I M E S

H O M I C I D E , R A P E , R O B B E R Y A N D
A G G R A V A T E D A S S A U L T . 174 210
2020 2021 2022
2,000
1,500
1,000
500
0 1635 1395

P R O P E R T Y

C R I M E S

B U R G L A R Y , L A R C E N Y , A U T O T H E F T
A N D A R S O N .

Uniform Crime Reporting
1654
2611
Office of the Chief of Police
Grace Segura
Police Support Services Technician
Melissa Chamberlain
Executive Assistant
Kaylin Heefner
Police Community Relations Coordinator
Sergeant Mario Ysit
Chief of Staff
The Office of the Chief of Police is lead by the Chief of Staff, and is staffed by the Department’s Executive Assistant, a Police Support Services Technician, and the Police Community Relations Coordinator.

The team is responsible for the overall management of policy directives and operations. Additionally, the team is responsible for sharing information and department wide messaging, both internally and externally.

T r e v i n F r e i t a s
Lieutenant
Although often unnoticed,
the work we do helps put
the officers doing the
work day to day and the
community they serve in
the best possible position
to be safe and successful.

Professional Standards and
Training Division
The Professional Standards and
Training Division is staffed by a full-
time lieutenant and sergeant that
oversee the development and
maintenance of department policies,
training, and administrative
investigations. Additionally, they are
responsible for audits, compliance
processes, and coordinating outside
entities that inspect the Tracy Police
Department such as Public Health,
California Peace Officers’ Standards
and Training (POST), and the California
Department of Corrections and
Rehabilitation to help ensure the
organization acheives the highest
professional standards.

The division oversees all department
training, which includes the Field
Training Program, firearms instruction,
defensive tactics, de-escalation, and
professional development. This training
includes ensuring compliance with
POST and legislative mandates such as
CPR, emergency vehicle operations,
perishable skills, etc.

Total: 25

Personnel Investigations
Use of Force
Total: 4
The following shows a statistical review of the use of force by members of the Tracy Police Department and personnel complaints from the community or generated internally.

Each use of force incident is reviewed to ensure compliance with policy, law, training, and best practices. The review process is completed by a member of the department's command staff and every one is reviewed and approved by the Chief of Police.

Personnel investigations are conducted by the Professional Standards and Training Division and submitted to the Chief of Police for review.

The Chief of Police believes both uses of force incidents and personnel investigations are of the utmost importance to critically review to ensure compliance with policy and law. This process helps the Tracy Police Department improve, and ensure accountability to the Community who places their trust in the Tracy Police Department.

EMDT

41.7%Hand Strike

14.6%
Control Hold

12.5%
K-9 Deployment

10.4%
Less-Lethal Munition

8.3%
Takedown

8.3%
Oleoresin Capsicum

2.1%
Firearm
0%
Total uses of force: 25*
Total applications of force: 49
Force was used on 25 times by Tracy Police in 2022 to arrest or detain a community member. In some incidents of force, more than one force option was applied to gain compliance.
6 20
5 1
4 4
7 Types of Force Used
L u i s M e j i a
Captain
We cannot become what
we need by remaining
what we are.
– John C Maxwell
The Bureau of Field Operations (BFO) is
led by a captain and five lieutenants
who share the leadership
responsibilities for completing our
operational mission with nine
sergeants. The Bureau of Field
Operations has the most contact with
our community, of the 105 sworn
members in the Tracy Police
Department, 77 are in this bureau, and
most are uniform patrol officers.

The Bureau of Field Operations includes
many specialized units that address a
wide variety of policing problems, such
as the Special Enforcement Team
(SET), Traffic Unit, and Community
Preservation Unit.

The backbone of the Bureau of Field
Operations is the uniformed police
officer who is responsible for providing
the round-the-clock “first responder”
capability of the Police Department.

The officers of the Bureau of Field
Operations respond to all types of
calls, from parking complaints to
homicides.

When not answering calls for service,
officers are responsible for enhancing
quality of life through self-initiated
activity in enforcing our laws or
preventing crime through their
interaction with the public.

BUREAU OF FIELD OPERATIONS
Patrol Operations
The Patrol Division is considered the backbone
of the police department and is staffed by
uniformed personnel, organized into six patrol
teams and one Special Enforcement Team.

Each team is supervised by a sergeant,
providing 24/7 service to the community, and is
managed by one Captain and four Lieutenants.

In addition to sworn police officers, the Patrol
Division also has civilian Community Service
Officers who are trained to respond to calls for
service that do not require suspect contact.

The primary role of the patrol officer is to
respond to calls for service with officers
responding to 68,859 calls in 2022.

The Patrol Division continues to incorporate
technology in their daily activities through the
use of unmanned aerial vehicles (drones) that
are assigned to each shit, and the Axon Fleet 3
Automatic License Plate Readers that each
patrol car is equipped with. Additionally, the
Flock Safety Automatic License Plate Reader
(ALPR) cameras that were installed have
resulted in 204 calls for service.

CALLS FOR SERVICE

RESPONSE TIMES
PRIORITY 1- 9:15
PRIORITY 2- 5:32
PRIORITY 3- 6:42
The Special Enforcement (SET) Team consists of one sergeant, one corporal, and four officers. The SET team works closely with both the Patrol Division and the investigations units. SET’s primary mission is street-level enforcement, including gang enforcement, narcotics enforcement, and fugitive apprehension. The SET team is frequently utilized to reduce criminal activity by focusing on trending crimes, and operating in an overt or covert capacity. The SET team has the flexibility to adjust their work schedules as necessary to accomplish a mission, as well as attend community events and career fairs at the high schools.

Due to an increase in individuals recklessly riding dirt bikes throughout Tracy, SET, our partners from both the San Joaquin County Sheriff's Department and the California Highway Patrol, Operation Whiskey Throttle was conducted to curb the enthusiasm of the reckless motorcycle riders in town. During the operation, 6 dirt bikes were impounded for 30 days. Due to the increased transparency on social media posting about the seizures, complaints about reckless dirt bike riders around Tracy decreased.

Additionally, at the end of 2022, after the Patrol Unit responded to a reported mail theft at an apartment complex, SET officers authored and served a search warrant at a residence in Stockton with the assistance of GIU, locating dozens of victims of mail and identity theft, 30 grams of methamphetamine, and a loaded un-serialized P80 Glock style pistol was also located during the search.

SET briefly conducted a special operation at El Pescadero Park, due to growing concern from community members about potential violence at the Park. During the operation, SET issued 9 citations, towed 9 vehicles, completed 19 Field Interviews, and 20 arrests.

Special Enforcement Team
Cathy Taylor
Bryan Desousa
Andres Mendez
Community Service Officers
Community Service Officers perform a variety of field and administrative activities in support of police services and programs for the City’s Police Department; provide comprehensive professional staff support to Police Department supervisory and management personnel on a wide variety of law enforcement programs, projects, and services; responds to public requests; and performs related duties, as assigned.

In 2022, Community Service Officers handled 1,047 Calls for Service and wrote 551 Reports.

Crime/Incident Report
392
Documentation
64 Traffic Crash
50 Missing Person
23 Community is
the Foundation
to Success.
– Kristen Jones
Traffic Safety Unit
Neighborhood Resource Officer
Familiar Faces Homeless Outreach Program
School Resource Officer
Crime Prevention Specialist
Code Enforcement
D.A.R.E.

Volunteers in Police Service
The Community Services Division are responsible for the coordination of the Police Departments community outreach efforts. This division not only enforces laws for the safety of our community, but also deals with quality-of-life issues by working with the Tracy Unified School District, faith-based organizations, and other local services.

The units assigned to the Community Service Division are:

Community Service Division

TRAFFIC SAFETY
The Traffic Safety Unit is tasked with investigating all major injury collisions and collisions involving fatalities. Our unit’s primary goal is to reduce collisions within the City of Tracy, through daily vehicle code enforcement, high police vehicle visibility, citizen tips through our Go Tracy app and social media posts. Our aim is to also educate the public on the California vehicle code and vehicle safety operations. There are five traffic safety officers and one sergeant, who make up this six-person unit.

Some of our unit’s continuous goals and safety operations involve pedestrian safe crosswalks, child restraint/safety belt events, commercial truck route enforcement, Saturation Traffic Enforcement Program, which involves other agencies of San Joaquin working together to enforce unsafe vehicle code violations together in Tracy and other neighboring cities, operation school bus, and distracted driver enforcement. During the November S.T.E.P. operations, officers made 246 enforcement stops for violations such as speeding, use of a cell phone. Additionally, 7 drivers were cited for driving without a license and 3 were cited for driving with a suspended license.

During 2022, the Tracy PD Traffic Safety Unit responded to and investigated 188 injury collisions, with eleven (11) resulting in fatalities.

The goals for 2023 include continuous daily vehicle code enforcement, public education of the vehicle code’s rules of the road through citizen contacts, social media and our city’s websites, and more unit safety vehicle code enforcement operations. The Traffic Safety Unit will continue to work diligently to provide the citizens and motorists of Tracy, every opportunity to be aware and reminded of speed limits, stop signs, crosswalks, and school zones, in an effort to reduce and eliminate collisions of any kind. Additionally, the Tracy Safety Unit will continue to use the Office of Traffic Safety grants, which will allow us to purchase more safety equipment, and attend specialized training, and fund patrol units to conduct DUI enforcement through various months of the year.

Traffic Safety Unit
Moving Non-Moving
3,000
2,000
1,000
0 Fatal Injury Property
600
400
200
0 Reports Arrests
200
150
100
50 0

COLLISIONS

DUI REPORTS

CITATIONS
2,815
465
11 188
600
166
93 Traffic Safety Unit- Data
The Neighborhood Resource Officer (NRO) positions exemplify community oriented policing in its truest and purest form. The NRO is a law enforcement officer that acts as a liaison between the Tracy Police Department, the community, non-profits, and a variety of city and other government agencies.

NROs work with citizens, civic groups, schools, and property owners, in organizing and evaluating effective crime prevention programs and problem solving. The NROs are responsible for issues and concerns in a neighborhood or business district, that are ongoing or simply demand more attention, investigative work or time than can be reasonably allotted during the course of a routine patrol call.

The NROs have proactive interactions with the citizens of Tracy in a wide variety of public relation efforts such as Neighborhood Watch Programs, homeless outreach, residential safety, personal/business crime prevention, crime information bulletins/alerts, bank and business security presentations, recruitment for Citizens Academy and internet safety programs.

Throughout 2022, Neighborhood Resource Officers have continued to be a vital part in assisting with Operation Helping Hands, by conducting outreach efforts twice a month to offer services to the unsheltered population of Tracy. The NRO team grew to a team of three (3) officers to allow for an officer to be integrated into the Familiar Faces Homes Outreach Program, funded in partnership with the San Joaquin County of Behavioral Health through a $213,000 grant to be used for equipment, training, and a consultant, allowing the program to serve as a model for other local agencies.

TRACY POLICE ANNUAL REPORTNeighborhood Resource Officers Familiar Faces
The Tracy Police Department’s response to calls for service will now include our Familiar Faces Homeless Outreach Team. The Familiar Faces program will serve as an initial call, triage level, and follow-up response team. Through their work of identifying, engaging, and assisting unsheltered individuals in the community, they will be able to build relationships and work with them to develop solutions that may include transporting them and their belongings to existing homeless services or health care providers. While working closely with Tracy Police Department Officer, they will serve as a vital resource for connecting individuals to Homeless Services and will work alongside the City of Tracy’s Homeless Services Manager, Homeless Advisory Committee, San Joaquin County Continuum of Care, South San Joaquin County Fire Authority, Tracy Community Connections Center, and City Net.

TRACY POLICE ANNUAL REPORT
The Tracy Police Department continues its partnership with the Tracy Unified School District (TUSD) to provide three School Resource Officers (SRO) to ensure a safe learning environment for TUSD students and staff. Each SRO is a sworn, full-time officer and each is assigned to one of the three major high schools: Tracy High, West High and Kimball High. The SRO’s also have responsibility for servicing the remaining elementary and middle school sites within TUSD.

In 2022, community engagement and creating connections with students and staff was a focal point of the SRO program. Our SRO team has spearheaded numerous school and youth related programs to include: the PAL Boxing program, 3 on 3 Basketball, career days at the high schools, crosswalk patrol, distributing a monthly bulletin for High teachers addressing trends amongst teens, and starting Team Diabetes on Campus (TDOC).

School Resource Officers

Code Enforcement
The Code Enforcement Unit consists of four Code Enforcement Officers, one Code Case Analyst, one Administrative Assistant, two part-time traffic interns, and one Code Enforcement Manager. The Unit provides reactive, regulatory enforcement services for a broad range of adopted local, state, and federal laws. These codes include but are not limited to, the Tracy Municipal Code, 2019 California Building, Plumbing, Electrical, Mechanical, Residential, and Energy Codes, California Vehicle Code, California Health and Safety Code, and the Code for the Abatement of Dangerous Buildings. Through education and responsive enforcement, Code Enforcement aims to work with private property stakeholders, residents, and business community, to educate, preserve and promote safe and healthy communities through enforcement of these adopted standards.

Noteworthy Cases:

Cleared two large homeless encampments; one on property adjacent to Home Depot on W. Grant Line Road and the second on MacArthur Drive immediately north of the I-205 freeway.

Revocation of a Conditional Use Permit – Leia’s Nightclub – Consideration of a revocation of the Conditional Use Permit for Leia’s Nightclub was considered by the Planning Commission on May 11, 2022. The Commission’s decision to uphold staff’s recommendation to revoke the permit was appealed by the applicant and considered by City Council during its meeting on June 21, 2022. City Council upheld the Planning Commission’s recommendation to revoke the use permit due to its detrimental effects on the community resulting from increased calls for service, unreported criminal activities and with violations of the conditions of approval imposed at the time of the Conditional Use Permit approval. 2,745
1,341 1,369 1,377
291 290 215
Former Long John Silver Building – After many years of
being vacant, the property was sold, and the new property owner demolished the structure to make way for a gas
station/convenience store concept. The Planning
Commission approved the project in early 2021 and
building permits issued on March 8, 2022. The gas
station/convenience store is currently under construction.

The Great Plate – Following lengthy litigation on this case relating to structural deficiencies of the structure, the San Joaquin County Superior Court executed a final stipulated judgement in the City of Tracy v. BBS Adventures case. The judgement provided BBS 90 days from the filing of the
judgement to complete all repairs identified in Council Resolution No. 2018-098. As a result of non-compliance
with the deadline date established by the courts, the City applied for and was issued a Demolition Permit on July 22, 2022, and the demolition was completed in November of
2022.

CODE VIOLATIONS GRAFFITI CASES VEHICLE ABATEMENT
CASES

OPENED CLOSED

ENCAMPMENT

INVESTIGATIONS
Code Enforcement
In late June 2022, Tracy Police Department Officers investigated an attempted murder of a male victim at El Pescadero Park, where the suspect fled the scene. The General Investigations Unit Detectives identified the suspect and requested the Special Investigations Unit (SIU) assist in apprehending the individual. Detectives from SIU had previously received tips of illegal activity taking place at Motel 6 and were actively conducting investigations at this location. Through this investigation, Detectives learned the suspect was living at Motel 6 with his mother, who was the motel manager.

Following execution of the search warrant, at which time the Code Enforcement team was requested to respond to address numerous building code violations. During Code Enforcement’s inspection, it was discovered that two of the motel rooms were converted to living quarters. The un- permitted work included doorways cut out between rooms serving as access points to adjacent rooms, compromised load bearing walls, installation of kitchens, required fire clearances from ignition sources, electrical hazards, compromised fire rated construction, missing/faulty smoke detectors, missing toilets, missing vent screens, an unmaintained swimming pool, trash, debris and dead vegetation. Code Enforcement coordinated inspections of all 133 motel guest rooms and all maintenance rooms, for fire and building code violations as well as violations of the initial development conditions imposed as part of the development approval process. Development condition violations include unmarked handicap parking spaces, unmet landscaping requirements, lack of enclosed garbage dumpster locations, and other similar type of requirements.

A series of compliance inspections have taken place since the August 2, 2022, to track progress of correcting the deficiencies noted. As of November 22, 2022, the few remaining violations include repair of the pool equipment, required landscaping (trees) and inspection of two remaining guest rooms (currently under eviction proceedings). The City provided a deadline date of December 22, 2022, to finalize the remaining corrections. A follow up inspection will take place the first week in January of 2023 at which time we expect the remaining violations will be abated.. Motel 6 Corporate and on-site management have been cooperative and accommodating to staff’s requests to inspect.

They are making a concentrated effort to remedy the nuisances and violations at their motel and to provide a higher level of services and amenities to their guests. They have expressed appreciation to City staff for its guidance in addressing then nuisances, violations, and illegal activities experienced at the motel.

The Special Investigations Unit (SIU) is tasked with investigating cases involving illegal drugs, vice and human trafficking. The four investigators and one sergeant who make up the unit, rely on tips from the community, leads from other TPD cases or external agencies, as well as self-developed intelligence. Some of the internal goals for the unit also involve safety presentations community groups, developing specialized training sessions for TPD personnel, and collaborating with other local, state and federal agencies in large-scale investigations.

DOWNLOAD THE APP!
Community members are continued to be
encouraged to report code enforcement violations
using the Go Tracy App.

Through the app, the community is able to report
graffiti, abandoned shopping carts, downed trees,
abandoned vehicles, & much more!
Go Tracy! App
Our Crime Prevention Specialist focuses on proactive crime prevention. The Crime Prevention Specialist also develops and implements a variety of crime prevention programs, presentations and materials for businesses and the community, and performs services such as Crime Prevention Through Environmental Design inspections and community outreach events. increasing opportunities for our officers and professional staff to engage with the public. The Crime Prevention Specialist also serves as the primary liaison for more than 40 block captains that are apart of Neighborhood Watch. Additionally, the Crime Prevention Specialist also helps manage our volunteer program (VIPS) and large-scale events for the Police Department, including the Community Academy and National Night Out.

In 2022, our partnerships with community organizations and members were strengthened and enthusiastically renewed this year as the community was eager to continue to come out to events. This year the department hosted or attended a total of 180 community events including National Night Out, Stuff the Cruiser (school supply donation drive), Coffee with a Cop, Etch and Catch, Badges for Books, and Fries with the Good Guys.

Crime Prevention Specialist
Volunteers in Police Service (VIPS) is
a citizen volunteer organization
within the Police Department. VIPS
members have volunteered
thousands of hours each year as part
of the department’s Community
Oriented Policing philosophy.

The Volunteers in Police Services are
led by our Crime Prevention
Specialist with their assistance to the
Police Department and City far-
reaching. They routinely participate
in programs that include: patrol
duties, special events, tours of police
facilities, traffic control, citizens
academy, community partnerships,
home, and business security checks,
Neighborhood Watch, shredding
events, and community relations
events.

In 2022, the volunteers logged
approximately 3,541 hours. While our
VIPS program lost two long time
members, Rich and Lee Cava, they
are going into 2023 with a hopeful
outlook to continue engaging and
supporting the growing in-person
community events and police
functions they’ve traditionally
supported, as their membership
continues to grow.

Volunteers in Police Services
"HEART AND

SOUL OF OUR
DEPARTMENT"
A l e x N e i c u
Captain
General Invest igations Unit
Special Investigations Unit
Crime Scene Investigations
Hi-Tech
Evidence and Property
Crime Analyst
The Bureau of Investigations (BOI) is
led by a Police Captain and a Police
Lieutenant who share the leadership
responsibilities for a variety of
specialized units with unique
responsibilities dedicated to serving
community needs.

Units assigned to the BOI are:

Each of these units are focused on
supporting community-oriented
policing and problem-solving
initiatives undertaken by the police
department. All units are tasked with
meeting specific goals and duties with
the highest level of professionalism
and ethical commitment to the
community members of Tracy.

BUREAU OF INVESTIGATIONS
Seeking justice through
fact finding investigations
with resiliency in pursuit
of the truth.
– Anonymous
The General Investigations Unit (GIU) is responsible for investigating cases that are more time consuming and consist of more in-depth investigations for the department. In 2022 there were eight detectives, one crime analyst and one sergeant that were assigned to conduct 24/7 investigations involving homicides, robberies, crimes against children, sexual assaults, property, financial and gang related crimes. In addition, the General Investigations Unit has one detective that is assigned to the county wide auto theft taskforce that is investigating auto theft related crimes and catalytic converter thefts. These detectives also provided investigative training to patrol officers on how to document, interview victims/witnesses, and process crime scenes. This training helps officers with providing a better level of service to the community, and increases the solvability when the detectives continued the investigations.

In 2022, the General Investigations Unit investigated a total of 518 cases, with 329 cases closed.

Cases Assigned: 518
Cases Closed: 329
General Investigations Unit
TRACY POLICE ANNUAL REPORTSpecial Investigations Unit
The Special Investigations Unit (SIU) is tasked with investigating cases involving illegal drugs, prostitution, and human trafficking. The four investigators and one sergeant who make up the unit, rely on tips from the community, leads from other units within the department or outside agencies, as well as self-developed intelligence.

SIU is regularly involved in providing safety presentations for community groups, developing specialized training sessions for TPD personnel, and collaborating with other local, state, and federal agencies on large-scale investigations. Throughout 2022, SIU detectives became subject matter experts in human trafficking, and now provide expert courtroom testimony and training on the subject to other departments in the region.

In 2022, SIU detectives spent a significant amount of time assisting other TPD units with surveillance, apprehensions, and search warrant services. SIU detectives authored 136 reports while handling 17 misdemeanor and 15 felony arrests.

The CSI and Property Unit serves multiple functions within the Police Department. The unit is under the Investigations Division, and is staffed with one crime scene technician supervisor, four crime scene technicians (CST), and one Senior Property and Evidence Technician. The CST’s/CST Supervisor respond to all types of crime scenes and critical incidents, to perform various methods of evidence documentation, collection, and processing. In addition, the Unit is responsible for intake on all evidence/property booked in by police department personnel. They coordinate the submission of evidence to the State of California Criminalistics laboratories, SERI Laboratory, and IBIS/ATF, for analysis. They also work closely with the San Joaquin County District Attorney’s Office for prosecution of our cases. This includes providing all the discovery materials for trials, and testimony in court.

The Unit is tasked with the heavy responsibility of maintaining the integrity of evidence and property, by properly documenting, packaging, preserving, securing, and tracking all items booked by members of the Police Department. The Evidence and Property Technician coordinates the subsequent release, auction, and destruction of this evidence/property, making sure proper notifications and clearances are completed. This involves extensive research by all members of the Unit, through the court system to see which cases are adjudicated and eligible for destruction/release.

All items are disposed of in accordance with local, state, and federal laws.

In 2022, Unit members booked over 4,966 items of evidence and wrote over 2,020 supplemental reports, as well as, 19 fingerprint hits made from fingerprints developed on scenes.

CSI & Property Unit
B e t h L y o n s -
M c C a r t h y
Support Services
Manager
Perpetual optimism is a
force multiplier.
– Colin Powell
Animal Services Unit
Communications Unit
Fiscal Management and Planning
Unit
Police Records Unit
The Bureau of Support Services (BSS) is
one of the three major divisions of the
Tracy Police Department. The Support
Operations Division has four
specialized units with unique
responsibilities dedicated to serving
the needs of the community.

Units assigned to the Support
Operations Division are:

Our dedicated Support Services staff
play an important role in providing
essential services efficiently and
effectively to officers, detectives,
command staff, and community
members.

BUREAU OF SUPPORT SERVICES
127,926
The Communications Unit is staffed with a total of
15 Public Safety Dispatchers and two
Communications Supervisors. The Tracy Police
Department Public Safety Dispatchers provide
emergency and non-emergency police
communications 24 hours a day, 365 days a year.

In 2022, the Tracy Police Department’s Public
Safety Dispatchers handled a total of 79,922
telephone calls, including 18,404 9-1-1 calls.

In 2022, 99.34% of the 9-1-1 calls that the Unit
received were answered in under 15 seconds,
exceeding the NENA standard of 95% of calls must
be answered within 20 seconds
The Communications Unit implemented the Tracy
RAVE Alerting system allowing for citizens to opt-
in to alerts via text message, email, and phone
call.

TRACY POLICE ANNUAL REPORT
2022 TOTAL CALLS

TO DISPATCH

2022 CALLS FOR SERVICE

69,113
9-1-1 CALLS

33,062
Communications Unit
In 2023, the Communication Unit will start looking at the approved cloud based phone systems CalOES systems to update the current phone system that is in place. Along with continue working with the City of Tracy Geographic Information System (GIS) vendor GEOCOMM to update maps in Mark43. 2021 2022
TRACY POLICE ANNUAL REPORTRecords Unit
The Records Unit is staffed with seven full-time Police Records Assistants, two full-time Senior Police Records Assistant, and a Supervisor. Staff is responsible for all aspects of report processing and document control within the Tracy Police Department, providing support to police officers, and service and assistance to the public who need to obtain copies of police reports, vehicle releases, Live Scan fingerprinting, and other similar requests. 6,308 6,173
7,901
3,632
5,406 5,434

REPORTS

PROCESSED

PHONE CALLS CITIZENS AT
FRONT

COUNTER
TRACY POLICE ANNUAL REPORTAnimal Services
The Animal Services Unit is comprised
of nine (9) employees consisting of a
Supervisor, three (3) Animal Services
Officers, three (3) Kennel Aides, and two
(2) Administrative Assistants. Staff is
responsible for the operation and
maintenance of the Tracy Animal
Shelter, the care and welfare of animals
housed in the shelter, responding to
animal-related calls and complaints,
and enforcing animal-related laws.

In 2022, Animal Services accomplished
several goals. We were the award
recipient of several grants totaling over
$24,000, one of which provided the
shelter the ability to provide early
spay/neuter to any pet in the shelter
longer than two weeks, shortening the
animal's length of stay in the shelter, as
the pet can go home the same day that
they are adopted.

The Animal Shelter also began to
reopen for general walk-throughs. They
found that doing so was causing stress,
resulting in a lowered ability to match
adopters with animals. With this
realization, staff changed practices
leading to four long-time dogs being
adopted.

Additionally, in 2022 Animal Services
focused on participating in, and hosting,
community events, and for the first time
staff participated in the Fourth of July
parade, held multiple Best Friends
Adoption weekends, launched their Youth
Ambassador program, and brought back
The Fast and The Furriest Fun Run, which
saw hundreds of community members
come out to raise money for shelter
animals.

Animal Services will continue to focus on
growing their knowledge of animal
behavior to help educate and assist the
community.

Cats
289 Adoptions

8 Euthanasia

2 Died

39 Rescue/Transfer

231 Returned to
owner

Total: 569
Dogs
243 Adoptions

98 Euthanasia

27 Died

231 Rescue/Transfer

8 Returned to
owner

Total: 349
Field Training Tactical Dispatch PAL Program
Reserve Program Motor CadreBicycle Patrol
Honor Guard
D.A.R.E.

Police Chaplaincy
Peer Support
Police Explorers
Tactical Medics
Special Weapons and Tactics
Crisis Negotiations
Defensive Tactics
Canine Unit
Range Cadre
Recruitment
Drone Cadre
Promotions
Nestor Mejia
Sergeant
Estefania Rodriguez
Police Officer
Daniel Garcia
Sergeant
Graham Hawkinson
Corporal
Scott Criswell
Sergeant
Wesley Bancroft
Corporal
Gus Cisneros
Corporal
Crissy Shevlin
Sr Public Safety Dispatcher
Jeff Berdosh
Sergeant
Promotions
Eric Smith
Corporal
Matthew Sieperda
Sr Public Safety Dispatcher
Matt Grijalva
Corporal
Wesley Bancroft
Corporal
Jake Pineo
Corporal
James Vincent
Public Safety Dispatcher II
Gabriel Alvarez
Animal Services Officer I
Joseph Bourassa
Police Officer
Wesley Bancroft
Corporal
Wazhma Palmer
Community Services Officer
Wesley Bancroft
Corporal
Brock DeWitt
Police Officer
John Hostetler
Police Officer
New Team Members
Bonnie Crawford
Animal Services Aide
Abel Perez-Miranda
Police Officer
Shelby Zaragoza
Public Safety Dispatcher I
Gabriel Silva-Quezada
Police Officer
Kaylin Heefner
Community Relations Coordinator
James Sams
Police Officer
Wesley Bancroft
Corporal
Arturo Ortega
Police Officer
Wesley Bancroft
Corporal
Vanessa Erickson
Animal Services Aide
Heather Macias
Animal Services Aide
New Team Members
Jacob Eakin
Police Officer
Charles Blizinski
Police Officer
Emily Galindo
Police Officer
Llusleny Velazuez
Police Officer Trainee
Ahmad Patang
Police Officer Trainee
Bryant Tlazalo
Police Officer Trainee
Wesley Bancroft
Corporal
Sergio Molina
Police Officer
Wesley Bancroft
Corporal
Martin Vargas
Administrative Assistant
Alexandra Warner
Crime Analyst
New Team Members
Noel DeLoza
Police Officer
Joseph Blair
Police Officer
Adrian Macias
Police Officer
Heidi Horner
Public Safety Dispatch Supervisor
Andres Mendez
Community Service Officer
Ayesha Nic-Gongora
Homeless Outreach Coordinator
New Team Members
Hector Jaimes
Homeless Outreach Coordinator
Mitchell Van Dyk
Police Officer

Department Recognition Award

A L E X C O N T R E R A S

S C H O O L R E S O U R C E O F F I C E R
Officer Alex Contreras joined the Tracy Police Department (TPD) in 2016 to serve in his hometown after four years of service with Ripon Police Department.

Since he has been with TPD, Officer Contreras transferred into the School Resource Officer (SRO) position in 2021, assigned to West High School, serves as a new SWAT Operator, and is the Vice President of the TPD Police Activities League (PAL) Board. While these duties are all time consuming and demanding, Officer Contreras juggles them seamlessly and enthusiastically. In addition to his demanding work duties, Officer Contreras continues to coach youth sports (baseball and football).

In his two years as a SRO an PAL Vice President, Officer Contreras has organized and assisted in several youth engagement events including lunch time basketball tournaments, football skills camp, baseball skills camp, and boxing club coach, while also volunteering to organize a Crab Feed to ensure funding for future Tracy PAL endeavors. These events have an obvious enrichment factor for the kids who participate, but equally, and maybe more importantly, it shines a humanizing light of compassion and care when a police officer shows up to help and teach in a non-enforcement setting. These interactions may be the course-changing event that pushes a child into the police calling later in life, or stirs them away from the wrong path.

Officer Contreras exemplifies the departments commitment to Service, as well as the Trust and Legitimacy Pillar of 21st Century Policing. Officer Contreras' genuine care and compassion for the City’s youth makes him an asset to the Tracy Police Department and deserving of the 2022 Department Recognition Award.

The Department Recognition Award may be awarded to an individual or group of employees for outstanding performance of duties under unusual or complicated conditions over a period of time, or in recognition of a proactive philosophy as demonstrated by projects or community involvement.

Medal of Meritorious Service

J A K E P I N E O

P O L I C E C O R P O R A L
The Medal of Meritorious Service is given to an employee who, while serving in an official capacity, distinguishes themselves by meeting contributing significatnly towards the Department in attaining goals and objectives, service that significantly impacts the Department in a positive manner, and lastly is involved in a great deal of responsibility and personal initiative.

Corporal Pineo has made signifnicant contributions to
the department, dedicationg his time to attend outside
trainings where he became a regionally recognized
expert in tactics and officer safety. Due to this advanced level of education, Corporal Pineo has been tasked with leading active shooter response/awareness trainign to
our own officers, City of Tracy Employees, South San
Joaquin County Fire Authority, and the Tracy Unified
School District.

Through hours of research, Corporal Pineo wrote a
paper that was published in the California Association
of Tactical Officers monthly magazine and invited to
speak at the 2022 CATO conference about his
published article.

Corporal Pineo's knowledge has greatly benefitted the
Department’s ability to train officers to be safer in the field, making the City safer for everyone.

Congratulations on your Meritorious Service Medal!
Award of Excellence

C O M M U N I T Y S E R V I C E D I V I S I O N
& C O D E E N F O R C E M E N T U N I T
The Award of Excellence is an achievement award that may be presented to an employee or work group, based upon their outstanding accomplishments during the past 12 months, and who practices the concepts in the Tracy Police Department’s Mission Statement.

When it comes to assisting the Homeless problems in the City of Tracy, two teams within the Community Service
Division exemplified teamwork, coordination, and
perseverance.

The Neighborhood Resource Officer team and Code
Enforcement Unit have exemplified and demonstrated
the Department's core values of Service, Integrity, and Excellence. Our Neighborhood Resource Officer team
took ownership of these pressing community matters
while using teamwork to tackle the issues, establishing the Mobile Evaluation Team (MET) by partnering with
San Joaquin County Behavioral Health and the Familiar
Faces Homeless Outreach team. Code Enforcement
Officers were instrumental when it came to coordinating homeless encampment cleanups with our NROs,
addressing blight, and recurring trash and debris while treating the unsheltered with dignity and respect.

Congratulations on your Award of Excellence!
Award of Excellence

M I C H A E L R I C H A R D S

P O L I C E S E R G E A N T
The Award of Excellence is an achievement award that may be presented to an employee or work group, based upon their outstanding accomplishments during the past 12 months, and who practices the concepts in the Tracy Police Department’s Mission Statement.

With over fifteen years with the Tracy Police
Department, Sergeant Mike Richards exudes the
leadership qualities of a highly respected leader.

Sergeant Richards is a fair sergeant with simple and
clear team expectations that he holds his entire team
accountable to, never deviating from the expectations
of his officers, and has always been humble about
admitting if he is wrong about something.

Sergeant Richards genuinely cares about the officers
assigned to his team which is apparent by his “open
door policy.” Officers know if they have a personal or
professional problem, he is there to listen and offer
them any support they may need.

Sergeant Richards motivates all the officers on his
team to be the best they can be simply by his actions
during each shift, this is due to his hard-working
ethic and leadership qualities we witness daily.

Congratulations on your Award of Excellence!
Volunteer of the Year

C H A R L E S H A R R I S O N

V O L U N T E E R I N P O L I C E S E R V I C E
Volunteer Charles “Chuck” Harrison has been with the Tracy Police Department's Volunteer in Police Service (VIPS)
program since 2019. He has been a constant and dedicated member of the fleet team, losing himself in his contributions to this department’s mission.

Chuck’s persistent dedication to ensuring that the Tracy Police Department's fleet is maintained and managed is an essential duty that keeps rubber to the road and ensures that our Officers can respond to all calls for help or service. Arriving in the waking hours of the morning, usually before the sun is up, Chuck and his fleet partners arrive quietly and shuffle vehicles to and from the Boyd Service Center with little fanfare or noise.

In 2022 Chuck logged over 430 hours of volunteer time, which by any measure of a volunteer is a commendable feat and reminds us that our volunteers are the embodiment of service.

Chuck demonstrates daily, the power of giving with his
contributions to the mission, going unnoticed by many because of his selflessness. Chuck's actions are essential and greatly appreciated as a valuable member of the Tracy PD VIPS and deserving of the 2022 Volunteer of the Year Award.

The Police Volunteer of the Year Award serves to recognize an outstanding volunteer within our Department who contributes to the efficiency and effectiveness of the Department, and who demonstrates the qualities set forth by the Tracy Police Department’s Mission Statement.

C A R L O F A N T O

I N F O R M A T I O N T E C H N O L O G Y S P E C I A L I S T The Employee of the Year may be awarded to professional staff of any rank who looks for ways to improve the Department’s efficiency and effectiveness, and who demonstrates the qualities set forth by the Tracy Police Department’s Mission Statement.

Carlo Fanto exemplifies Service, Integrity, and Excellence daily when assisting Department employees. He is highly reliable and often accommodates his work hours to meet organizational needs. Carlo continuously does an outstanding performance in his duties year after year without ever seeking recognition. His humble yet open-minded approach makes him a pleasure to work with on complicated projects. Carlo at a moment's notice will stop what he is doing and handle any technical issues that arise without delay. His positive outlook and incredible work ethic make him a great asset and value to TPD. As the primary IT Specialist for the Department, Carlo not only helps support and maintain virtually all technology third-party vendor programs but takes care of all fleet-related technology maintenance. He often does work in the background to ensure all systems are operating correctly and his work goes unnoticed until systems fail.

In addition to his daily duties, in 2202 Carlo played a crucial role in upgrading the Wireless Cradle Points in all Patrol vehicles, resolving latency issues that compromised officer safety due to lagged GPS, while also replacing and upgrading Patrol vehicle MDC/MDT.

These projects are just some examples of how his work improved the department's efficiency and effectiveness, demonstrated great customer service both internally and externally, and aligns with our department's strategic goals while exemplifying our values.

Congratulations on your Employee of the Year Award!
Police Employee of the Year
Police Officer of the Year

B R I A N A Z E V E D O

D E T E C T I V E
The Police Officer of the Year Award is granted for outstanding achievement by an officer that brings credit to the Department, and which involves performance well above and beyond that which is required by an officer’s basic assignment.

Over the last two years, Detective Azevedo has worked
on many high-level investigations, oftentimes having to respond to work either late at night or early in the
morning.

Through his hard work, Detective Azevedo has received
a Chief's Commendation for his dedication to the City
of Tracy and the Department, his teamwork, and his
ability to coordinate with multiple agencies. Detective Azevedo's tenacity, dedication, and willingness to work with other Detectives, make him a valuable member of
the General Investigations Unit. Additionally, Detective Azevedo always makes himself available to help Patrol
officers on any of the cases they have, and helps train new Detectives in writing search warrants and
reviewing them.

Congratulations on your Officer of the Year Award!
Tracy Police Department 2022
Annual Review
1 Service | Integrity | Excellence

ATTACHMENT B
Value Statements

SERVICE
Always seek long-term resolutions to problems.

Provide honest, open, and timely (HOT) feedback.

Support organizational goals and strive to achieve
them. Stand against gossip and rumors . Provide
prompt responses to requests and communicators.

Promote proactive attitudes.

INTEGRITY
Honesty in thought and actions.

Address behaviors, not reputations.

Practice organizational loyalty
over personal loyalties. Place
organizational priorities over
personal agendas.

EXCELLENCE
Challenge the status quo by promoting new
creative and innovative ideas. Always be proud of
your profession and Department. Ascribe to being
a lifelong learner. Always perform at Department’s
highest level or organizational standards. Lead by
example. Always go the extra step to meet the
community’s needs.

VISION STATEMENT
The Tracy Police Department works
to preserve the safety and high
quality of life in Tracy through
value-based policing.

MISSION STATEMENT
The Tracy Police Department aims to keep Tracy a
safe place in which to live, work, and invest.
• FAIRNESS
• INTEGRITY
• RESPECT
• SERVICE
• TEAMWORK
F.I.R.S.T.

Type 2021 2022
Calls for service 70,565 69,113
9-1-1 calls 36,257 33,062
Non-Emergency 34,308 36,051
9-1-1 Non-Emergency
2022 CALLS FOR SERVICE
2022 RESPONSE TIMES
• P. Plan (when time permits). Stage and
f
ormulate a clear plan.
• A. Assess; is there a crime? Type of
c
rime, immediate danger to the public, need
for Crisis Response Unit.
• T. Time- D istance and cover; slow things
down.
• R. React team. Contingency
P
lan/Flight/Surrender
• O. Other resources needed? Mobile
c
risis, Drone, Bearcat, other agencies.
• L. Lines of communication- E stablish
incident commander, public address,
phone, and text. Notify the chain of
command.
5 In an effort to reduce the use of force and community concerns, officers use the P.A.T.R.O.L.response to calls.

PRIORITY 2020 2021 2022
1 6:50 9:58 9:09
2 12:42 20:22 18:02
3 22:11 27:46 26:29

PROPERTY AND VIOLENT CRIMES
YEAR PART 1 CRIME
TOTALS

CHANGE FROM

PREVIOUS YEAR
2021 1865 Decrease2022 1656
PART 1 CRIMES
YEAR Homicide Rape Robbery Aggravated
Assault Totals
2021 4 18 52 136 210
2022 2 24 59 176 261

VIOLENT CRIMES

PROPERTY
CRIMESYEAR Burglary Larceny Auto
Theft Arson Totals
2021 143 1217 283 12 1654
2022 150 1024 206 15 13956

PROPERTY AND VIOLENT CRIMES
7 100105
110
115
120
125
130
135
140
145
150
155
160
165
170
175
180
185
190
195
200
205
210
215
220
225
230
235
240
245
250
255
260
265
2021 2022
210
263

VIOLENT CRIMES
1000
1100
1200
1300
1400
1500
1600
1700
2021 2022
1655
13…

PROPERTY CRIMES

CITATIONS
8 0
500
1000
1500
2000
2500
3000
3500
4000
4500
2020 2021 2022
3,963
1,175
4,016317
429
465
Moving Non-moving
2022 Total Citations = 3,280

COLLISIONS
9 6 4 11
213
162 188
572 587
600
0 100
200
300
400
500
600
700
2020 2021 2022
Fatality - 11
Injury - 188
Property - 600
2022 Total Collisions = 799
TOP 5 COLLISION LOCATIONS
10 TOP COLLISION INTERSECTIONS 2022 TOTALS
Tracy BLVD / Clover RD 12
Grant Line RD/Naglee RD 12
3010 W. Grant Line RD 8
Grant Line RD/East ST 8
Tracy BLVD/Grant Line RD 8

PRIMARY COLLISION FACTORS
11 135
77 65
61 22

DUI ARRESTS
12 90
93 36
22 0
10 20
30 40
50 60
70 80
90 100
2021 2022
DUI Arrests DUI Collisions

ADULT/JUVENILE ARRESTS
13 Total Juvenile Arrests = 61
Total Adult Arrests = 1,674
40 58 61
2,127
1,076
1,399
0 200
400
600
800
1000
1200
1400
1600
1800
2000
2020 2021 2022
Juvenile Adult

ANIMAL SERVICES
14 TYPE ADOPTIONS EUTHANASIA DIED RESCUE/

TRANSFER

RETURNED

TO OWNER TOTAL
2021 260 21 1 44 174 470
2022 289 8 2 39 231 569

TYPE ADOPTIONS EUTHANASIA DIED RESCUE/

TRANSFER

RETURNED

TO OWNER TOTAL
2021 176 45 10 103 7 341
2022 243 98 27 231 8 349
DOGS
CATS
Totals for Cats/Dogs

CODE ENFORCEMENT
2022 Accomplishments
• Performed 215 Encampment Investigations
• Followed-up on building code violations discovered
at Motel 6 that were found during a search warrant
execution by the Special Investigations Unit
• Assisted with writing a new municipal code to help
add
ress the City’s unsheltered population
15 CODE ENFORCEMENT
16 BEFORE AFTER

PERSONNEL INVESTIGATIONS
17 Professional Standards and Training Division
• Total personnel Investigations: 4
• Per
centage of complaints to Calls for Service: 0.0058%
Category Exonerated Not
Sustained Sustained Unfounded Admin.

Closure Pending Total
Administrative
Complaints
0 0 0 0 0 0 0
Citizen
Complaints
0 0 0 3 0 1 4

PERSONNEL INVESTIGATIONS

USE OF FORCE
18 Professional Standards and Training Division
• Total uses of force: 25
• Tot
al applications of force: 49
• Percentage of Uses of Force to Calls for Service: 0.0362% Suspect Characteristics Reason for Contact Race/Ethnicity Suspect Age Incidents Reason Incidents Race/Ethnicity Incidents 0-20 4 Calls for Service 18 African-American 16
21-30 5 Self-Initiated Activity 7 Hispanic 17
31-40 8 White 2
41+ 8 Other 20

USE OF FORCE

TYPES OF FORCE USED
19 • Total uses of force: 25
• Total applications of force: 49
• Percentage of Uses of Force
to Calls for Service: 0.0362%
2022 TPD ACCOMPLISHMENTS

BUREAU OF FIELD OPERATIONS
• Familiar Faces
• Whiskey Tango Throttle
• Operation Halo
20 2022 TPD ACCOMPLISHMENTS

BUREAU OF INVESTIGATIONS
• Flock Safety Camera Implementation
• 329 Investigations Closed
• Provided Investigative Training to Patrol Officers
21 2022 TPD ACCOMPLISHMENTS

BUREAU OF SUPPORT SERVICES
• 127,926 Calls, Resulting in 69,113 Calls for Service
• Grants Awarded:
• Federal Appropriations (Non-Gr ant) - $255,000 for
LPR Program
• California Animal Welfare - $15,180
• UC Da
vis Kore t (Animal Grant) - $19,650
22 February 21, 2023
Agenda Item 3.C

RECOMMENDATION
Staff recommends that the City Council receive the annual informational report for the Parks and Community Services Commission for Fiscal Year 2021/2022.

EXECUTIVE SUMMARY
The Parks and Community Services Commission was formed by the City Council for the purpose of advising the Council on
the planning and development of park and recreation facilities and delivery of recreation and c
ommunity service programs. At the April 6, 2021, regular City Council meeting, the Council express
ed the desire to receive an annual report. This report is an accounting of the Parks and Community Services
Commission for FY 21/22 as well as projected goals for FY 22/23.

BACKGROUND AND LEGISLATIVE HISTORY
The Parks and Community Services Commission (Parks Commission) was formed with the purpose of providing citizen and community perspective and input and advising the Council on the planning and development of park and recreation facilities and delivery of recreation and community service programs. The
Parks Commission also provides the Parks and Recreation Department and Community Development with review of park planning and design, the naming of parks and recreation facilities, and provides
input and community perspective regarding recreational programs and services. In addition, the Commission reviews applications and makes recommendations to City Council for the Community Development
Block Grant (CDBG) funding of service programs provided by non- governmental organizations (NGOs).

In FY 21/22, the Parks Commission had two primary focus areas as listed below. Under each area, there is
an update on Commission activities.

1. COMMUNITY OUTREACH
 1.A Ensure representation with the Tracy Friends for Parks, Recreation & Community Services Foundation
 The Commission assigned a member of the Commission to participate regularly at the Foundation’s meeting and report back monthly to the Commission.  1.B. Ensure representation with the Tracy Senior Association  The Commission assigned a member of the Commission to participate regularly at the Tracy Senior Association’s meetings and report back monthly to the Commission.
 1.C. Public Outreach at Community events twice per year  The Commission assigned members of the Commission to attend the following events:

1. Farmers Market (twice per year)

2. Block Parties (twice per year)

3. Blues, Brews, & BBQ (September)

4. Movies on the Plaza (twice per year)

5. Youth Events (twice per year)
 1.D. Public Outreach to Senior Community
 Each year, the Commission conducts a Special Meeting in November at the Lolly Hansen Senior Center to discuss specific concerns and needs of the senior community. This meeting was held on November 3, 2021.

Agenda Item 3.C
February 21, 2023

 1.E. Increase communications with local school districts  E.1 - One TUSD
School Board member participates as a Commissioner and
provides monthly reports on the Parks Commission activities to Tracy Unified School District.
 1. E.2. - The Commission assigned a
member to participate and attend the
City/School Liaison meetings
and report back to the Commission.

2. PROGRAM ENHANCEMENT
 2.A Sponsor and Support the Rollin’ Rec Program
 All Commissioners will attend 2 rollin’ rec programs per year.

The Parks Com
mission adopted new goals for FY 22/23 on June 2, 2022.

Focus Area: COM

MUNITY OUTREACH
• Ensure representation with the Tracy Friends for Parks, Recreation & Community Services Foundation (This liaison effort has produced funding for the first City dog park, other park improvements, and supports amenities at the Lolly Hansen Senior Center) • Ensure representation with the Tracy Senior Association • Public outreach at community events twice per year
• Public outreach to senior community
• Increase communications with local school districts
Focus
Area: PROGRAM ENHANCEMENT
• Sponsor and support the revitalization of the Rollin’ Rec Program Focus Area: PAR

K FACILITY & SPORTS FIELD SAFETY
• Attend Meetings as needed related to Parks & Facility Concerns • Attend Quarterly Homeless Advisory Meeting
In addition to these goals, the Parks Commission had the opportunity to support staff and better advise City Council in regard to City and Community needs. During FY 21-22 the Parks Commission was instrum
ental in making decisions for the following projects:

1. In July of
2021, The Parks Commission received a presentation and provided feedback on the Wayfinding and Signage for Phase 1E of Legacy Fields

2. In Septembe
r of 2021, The Parks Commission approved the Sports Field Handbook Update and received a presentation and approved the conceptual master plan for the new Tracy Hills Linear Park.

3. In January
of 2022, the Parks Commission approved the conceptual master plan for the new Tracy Hills Phase 1B Park as well as received and provided feedback to staff regarding the 2022/2023 CIP projects.

4. In February
2022, the Parks Commission reviewed and accepted the recommendation of the Community Development Block Grant (CDBG) Subcommittee’s funding allocations and made the recommendation for approval to City Council.
• In December
of 2021, 2 Parks Commissioners were appointed to be part of the subcommittee to review and make funding allocation recommendations for the Community Block Grant Fund and Home Investment Program (CDBG) for FY 22/23.

Agenda Item 3.C
February 21, 2023

• In total, 13 appl
ications were awarded funds thru the CDBG program for use in projects that make for a viable community, with local programs and services that provide decent housing, a suitable living environment, and expand economic opportunities for low- and moderate-income individuals and families.

5. In March of
2022, the Parks Commission made the recommendation to City Council to name Tracy Hills Hillview Linear Park. The top (3) three names that were submitted were:
(1) Ray Morelos,
(2) Dan Schack, and (3) Gene Birk.

At the council
meeting on May 3, 2022, City Council approved Raymond P. Morelos, Jr. as the name for the new linear park in the Hillview Development.

6. In May of 2022, t
he Parks Commission reviewed and made the recommendation to City Council to adopt the Parks, Recreation, and Trails Master Plan. The Commission also approved the amended Facility handbook.

7. In June of 2022, t he Parks Commission made the recommendation to City Council to name the Tracy Hills Phase 1B Park. The top (3) three names that were submitted for recommendation were:
(1) Gene Birk,
(2) Daniel R. Schack, and (3) Walter Gouveia
At the council meeting on August 16, 2022, City Council approved Gene Birk Park as the name for the Tracy Hills Phase 1B Park.

ANALYSIS
Not Applicable

FISCAL IMPACT
Staff costs related to support of the Parks and Community Services Commission are included in the Parks and Recreation Department General Fund budget.

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

ACTION REQUESTED OF THE CITY COUNCIL
Staff recommends that the City Council receive the annual informational report for the Parks and Community Services Commission for Fiscal Year 2021/2022.

Prepared by: Andrea
Pedigo, Executive Assistant
Reviewed by: Jolene Jauregui,
Recreation Services Manager
Brian MacDonald, Parks and Recreation Director
Karin Schnaider,
Assistant City Manager
Approved by: Michael Rogers, City Manager
ATTACHMENT A - Powerpoint Presentation
Parks & Community Services
Commission
Annual Report FY 2021-2022
February 21, 2023

ATTACHMENT A
Overview
5 Member Council Appointed Commission
Establish rules and regulations governing the
conduc
t of recreation programs
Protection of property, and activities of
pers
ons in all parks
Hold public hearings on recreation
pr
ogramming and facility usage
Advise the City Council about recreation, and
f
acility master planning development
2 FY 2021-2022 Highlights
Goals Completed
Conceptual Plan for the Tracy Hills Hillview Linear Park Conceptual Plan for the Tracy Hills Phase 1B Park
Supporting the Rollin’ Rec program from April to June of 2022 3 Wayfinding and Signage for Phase 1E of Legacy Field
Sports Field & Facility Handbooks
Parks and Recreation Departmental Capital Improvement Program (C
IP) for FY 22/23
4 FY 2021-2022 Highlights
Staff Support for City Projects
Entry ExperienceField Identification Markers
 Parks, Recreation, and Trails Master Plan
 Community Development Block Grant Fund (CDBG) and Home Inv
estment Program for FY 22/23
5 FY 2021-2022 Highlights
Staff Support for City Projects

6 Goals FY 2022/2023
Community Outreach
Ensure representation with the Tracy Friends for Parks, Recreation and Community Services Foundation
Ensure representation with the Tracy Senior Association Public outreach at community events twice per year
Public outreach to senior community
Increase communications with local school districts
Program Enhancement
Continue to sponsor and support the revitalization of the Rollin’ Rec Program
Park Facility and Sports Field Safety
Attend meeting as needed related to Parks & Facility
Concerns
Attend Quarterly Homeless Advisory Meeting
Questions
February 21, 2023
Agenda Item 3.D

RECOMMENDATION
Staff
recommends that the City Council receive an informational report regarding the annual report of the Transportation Advisory Commission.

EXECUTI VE SUMMARY
The Transpor
tation Advisory Commission was formed by the City Council in 2007 for the purpose of advising the Council on the planning and development of public transportation related improvements and delivery of various public transportation service programs. At the April 6, 2021, regular City Council meeting, the Council expressed the desire to receive an annual report from all of the City’s Commissions. This report is an accounting of the Transportation Advisory Commission for Fiscal Year (FY) 21/22 as well as projected goals for FY 22/23.

BACKGROUND AND LEGISLATIVE HISTORY
The Transpor
tation Advisory Commission (TAC) was formed in 2007 after Council expressed the need for a commission with a diverse member composition in order to advise the Council on various public transportation issues. The original commission was comprised of nine members with background in transit, aviation, rail, and bikeways. Since the TAC was formed, they have worked on setting their own goals to work on annually.

In FY 21/
22, the TAC had four focus areas and eleven goals as listed below. Under each goal is the status on how successful the commissioners were in completing their objective.

Focus Area:

OUTREACH
• Public Outreach at the Farmer's Market
o A primary focus of the commission is to get feedback from the public on issues related to transportation. In
order to achieve this, the commission decided that it would be beneficial to be out in the public where there are already crowds of people. The Farmer’s Market was
the best choice as a place where there are plenty of citizens weekly and the City staff
already had a booth set up there periodically. Although the goal was to try and be at the
Farmer’s Market every month, the schedules of the commissioners did not always lend them to be available during the weeks that the City staff has a booth set up.

The commission representatives were able to attend three Farmer’s Markets during FY 21/22 providing information about the
commission and other transportation items.
o GOAL STATUS: COMPLETE
• Public Outreach at Block Party Events
o Another way
that the commission wanted to try and received feedback from the community was through the City’s Block Party Events. Since City staff already had a booth set up
for those events, the Transportation Commissioners would be able to easily have a location from whic
h they could interact with the attendees, hand out information, and gather feedback.

As was the same with the Farmer’s Market, the schedules of the commissioners did not always allow them to be available at all of the Block Party events.

The commission representatives were able to attend one of the Block Party events during FY 21/22.
o GOAL
STATUS: COMPLETE
Agenda Item 3.D
February 21, 2023

• Participate in City Sponsored Airport Events
o In October 2021, the Commission participated in the Tracy Municipal Airport’s Halloween event. The commission representatives were able to have a booth at the event and engage with the public through handing out information on the commission as well as information regarding the airport and public transit. In addition, the Commission supported the City’s hosting of the IAC West Open Championship, and aerobatics competition, at the Tracy Municipal Airport in June 2022. o GOAL STATUS: COMPLETE
• Participate in Bike Rodeo Event
o In October 2021, the Commission participated in the Tracy Earth Project’s California Clean Air Day event, which consisted of a focus on bicycle use and bicycle safety. The commission representatives were able to have a booth at the event and engage with the public through handing out helmets and bicycle safety information, information about the commission, and information regarding the airport and public transit. o GOAL STATUS: COMPLETE
Focus Area:

TRANSIT
• Provide Input on Updated Short Range Transit Plan Impl ementation o The Short-Range Transit Plan was approved by the City Council in August of 2019. Due to COVID-19 many of the aspects of planning for the implementation of the plan had to be altered. The commission was, however, able to provide input on the implementation of the Tracer Plus on-demand service which began in August 2020 and expanded in August 2021.
o GOAL STATUS: COMPLETE
• Provide Fare Policy Recommendation to City Council
o This item was intended to bring a larger discussion about overall fare policy for the Tracer bus system. Due to COVID-19, many things have changed in the transit industry and will take some time to re-stabilize. In the meantime, the commission discussed and recommended providing free rides for students as a pilot program through a Caltrans grant. This grant allowed free rides for students for the 2021/2022 and 2022/2023 school year.
o GOAL STATUS: PARTIALLY COMPLETE
Focus Area:

BIKEWAYS
• Provide Input on Updated Bikeways Master Plan
o The Bikeways Master Plan update is part of the larger Transportation Master Plan update. The commission participated in a public survey for the Bikeways Master Plan and helped facilitate that information to the public. Additionally, the commission participated in a public workshop to gather input on the Bikeways Master Plan. o GOAL STATUS: COMPLETE
Focus Area:

EDUCATION
• Receive presentations on areas related to the purpose of the commission o The commission recognized the need to stay informed on various items related to the commission’s purpose. A list of areas of interest were identified to receive presentations as availability
allowed. Some of these presentations included Airport Budget, Tracy Airport Aerobatic Box, SJCOG Vamos Mobility App, Unmet Transit Needs. Future areas of interest will continue to be scheduled by staff to further the education of the commission.
o GOAL STATUS:

ONGOING
Agenda Item 3.D
February 21, 2023

The TAC has already
created and begun working on additional goals for FY 22/23. Their new goals as a commission for FY 22/23 are as follows:

Focus Area: OUTR
EACH
• Public Outreach at Farmer’s Market
• Public Outreach at Block Party Events
• Participate in City Sponsored Airport Event
• Participate in Other Appropriate Community Events
Focus Area: TRA
NSIT
• Provide Input on Short Range Transit Plan Implementation • Provide Fare Policy Recommendation to City Council
Focus Area: AIR
PORT
• Provide Input on Updated Airport Master Plan
Focus Area: EDUC
ATION
• Receive presentations on areas related to the purpose of the commission

ANALYSIS
Not Applicabl
e

FISCAL IMPACT
Staff costs related to support of the Transportation Advisory Commission are included in the Transit Fund and Airport Fund budget.

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

ACTION REQUESTED OF THE

CITY COUNCIL
Staff recommends that the City Council receive an informational report regarding the annual report of the Transportation Advisory
Commission.

Prepared by: Ed
Lovell, Transit Manager
Reviewed by: Brian MacDonald, Parks and Recreation Director Karin Schnaider, Assistant City Manager
Approved by: Michael Rogers, City Manager
ATTACHMENT A: Powerpoint Presentation

TRANSPORTATION ADVISORY

COMMISSION
Annual Report
February 21, 2023

ATTACHMENT A

OVERVIEW
 5 member council appointed commission
 Focus on issues related to public transit, aviation, and bike
ways
2 PRIOR YEAR HIGHLIGHTS
3 Public Outreach
• Farmer’s Market, Block Parties
• Tracy Airport Halloween Event, IAC West Open
Aerobatics Championship
• California Clean Air Day Bike Rodeo
Transit
• Participated in public outreach and provided input
on Tracer Plus service expansion
• Recommended continued free student rides though
Caltrans grant.

PRIOR YEAR HIGHLIGHTS
4 Bikeways
• Provided input and recommendations to update the
Bikeways Master Plan
5 CURRENT YEAR GOALS
 Continued Public Outreach
• Farmer’s Market, Block Parties, Airport
Events, Other Community Events
 Transit
• Provide recommendations on Short Range
Transit Plan implementation and updates
• Provide recommendations on fare policy to
City Council
6 CURRENT YEAR GOALS
 Airport
• Provide input on updated Airport Master
Plan
 Education
• Continue to receive presentations on areas
related to the purpose of the commission

QUESTIONS