Agenda — Tracy City Council, August 15, 2023 (part 2 of 11)

The foregoing Resolution 2023-_____ was adopted by the Tracy City Council on the 15th day of August 2023 by the following vote:

AYES: CO
UNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

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

ADRIANNE RICHARDSON
City Clerk and Clerk of the Council of the
City of Tracy, California
August 15, 2023
Agenda Item 1.H

REQUEST
Staff recommend that the City Council approve the submission of a claim to the San Joaquin Council of Governments for Transportation Development Act funds in the amount of $11,651,948 for Fiscal Year 2022-2023 and authorize the City Manager or designee to execute the claim.

EXECUTIVE SUMMARY
The City of Tracy (City) receives funds from the Transportation Development Act (TDA) that allow the City to provide transportation services throughout the community. The annual claim is necessary for the City to continue to receive TDA funding from the State through the San Joaquin Council of Governments (SJCOG). The amount the City will claim for FY 2022-2023 from the Local Transportation Fund (LTF) and the State Transit Assistance Fund (STA) is $11,651,948.

TDA funds are used for City TRACER operations and capital acquisitions, and pedestrian and bike paths. Staff recommends that the City Council approve the claim for TDA funds for FY 2022-2023 and authorize the City Manager or designee to execute the claim.

BACKGROUND AND LEGISLATIVE HISTORY
The Mills-Alquist-Deddeh Act (SB 325) was enacted by the California Legislature to improve existing public transportation services and encourage regional transportation coordination. Known as the Transportation Development Act (TDA) of 1971, this law provides funding to be allocated to transit and non-transit related purposes that comply with regional transportation plans.

Under the provisions of the TDA, the City is required to make an annual claim for funds apportioned to the City under the LTF and the STA. This claim is made to the State through the San Joaquin Council of Governments.

TDA funds are used to support the operations of the City’s TRACER bus system, streets and road maintenance, and pedestrian and bike paths. Money for this claim is primarily being used for operational expenses that are not covered by Federal grants, as a funding source for the purchase of new buses, to fund the completion of a Bikeways Master Plan, and to fund bikeways maintenance in various parts of Tracy.

ANALYSIS
The total claim for FY 2022-2023 for LTF is $11,635,580 which includes $234,490 of unexpended carryover from the previous year’s claim. The total claim for FY 2022-2023 for STA is $16,368. The available TDA funding for FY 2022-23 for the City of Tracy to claim under the LTF and STA is $12,936,378. After subtracting out the previous year’s unexpended carryover of $234,490, a total of $11,417,458 will be disbursed to the City Agenda Item 1.H
August 15, 2023

Page 2 ends

of Tracy. The remaining balance of $1,284,430 will be available to claim in future years for additional transit projects.

The following table illustrates a breakdown of the various TDA claim amounts and purposes for this year’s claim. Submission of this claim is needed in order to receive the necessary funding for continued public transit operations within the City of Tracy.

CITY OF TRACY FISCAL YEAR 2022-2023 TDA CLAIM AMOUNTS AND PURPOSES Fund Amount Purpose
LTF $3,306,721 Article 8 Contractor Operating (PUC 99400(c)) LTF $6,500,000 Article 8 Contractor Operating (PUC 99400(c)) Previous Year’s Unclaimed
LTF $3,021,439 Article 8 Contractor Operating (PUC 99400(c)) Previous Year’s Unclaimed. (Transit Set-Aside)
LTF $0 Article 8 Contractor Operating (PUC 99400(c)) Unexpended Carryover
LTF $2,930,737 Article 8 Contractor Capital (99400(e))
LTF $0 Article 8 Contractor Capital (99400(e)) Unexpended Carryover LTF $142,193 Pedestrian and Bicycle: Article 3 (PUC 99234) LTF $234,490 Pedestrian and Bicycle: Article 3 (PUC 99234) Unexpended Carryover
LTF $2,000,000 Roads & Streets: Article 8 (99400 (a))
LTF $0 Roads & Streets: Article 8 (99400 (a)) Unexpended Carryover STA $16,368 CCR Section 6730 (a)
STA $0 CCR Section 6730 (a) Previous Year’s Unclaimed
Total:

Less:
$11,651,948
($234,490)
$11,417,458
Total LTF/STA claimed.

Unexpended Carryover
Net LTF funds to be disbursed to City of Tracy

FISCAL IMPACT
Authorization to submit the claim is necessary for the city to continue to receive TDA funding. Such funding is budgeted for FY 2022-2023 for the transit program and to support various bike/ped and street programs.

Agenda Item 1.H
August 15, 2023

Page 3 ends

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

ACTION REQUESTED OF THE CITY COUNCIL
Staff recommends that City Council adopt a resolution approving the submission of a claim to SJCOG for TDA funds in the amount of $11,651,948 for FY 2022-2023 and authorizing the City Manager or designee to execute the claim.

Prepared
by: Ed Lovell, Transit Manager
Review
ed by: Adriana Castaneda, Mobility & Housing Director
Sara Cowell, Finance Director
Bijal Patel, City Attorney
Brian MacDonald, Interim Assistant City Manager
Approved
by: Midori Lichtwardt, Interim City Manager

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

CY CITY COUNCIL
RES
OLUTION NO. _______________
APPRO

VING THE SUBMISSION OF A CLAIM TO THE SAN JOAQUIN

COUNCIL OF GOVERNMENTS FOR TRANSPORTATION DEVELOPMENT
ACT FUNDS IN THE AMOUNT OF $11,651,948 FOR FISCAL YEAR 2022-2023

AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE THE CLAIM
WHERE
AS, under the provisions of the Transportation Development Act (TDA), the City of Tracy is required to make an annual claim to the San Joaquin Council of Governments (SJCOG) for funds apportioned to the City under the Local Transportation Fund and the State Transit Assistance Fund; and
WHERE
AS, u nclaimed amounts are carried forward to the next fiscal year for reimbursement in that time period; and
WHERE
AS, as set forth in the chart below, the City’s FY 2022-2023 claim under the Local Transportation Fund and the State Transit Assistance Fund totals $11,651,948 but will be reduced by $234,490 (unexpended carryover). The total disbursement will be $11,417,458.

Less:
$11,651,948
($234,490)
$11,417,458
Total LTF/STA claimed.

Unexpended Carryover
Net LTF funds to be disbursed to City of Tracy
WHEREAS, such funds will be used to support the operations of the City’s TRACER bus system, streets and road maintenance, and pedestrian and bike paths. Money for this claim will primarily be used
for operational expenses that are not covered by Federal grants, as a funding source for the purchas
e of new buses, to fund the completion of a Bikeways Master Plan, and to fund bikeways maintenance in various parts of the City.

NOW, THERE
FORE, be it resolved as follows:

RESOLVED: That
the above recitals are true and correct; and be it,
FURTHER RESOLVED: That the City Council approves the submission of a claim to SJCOG for TDA
funds in the amount of $11,651,948 for FY 2022-2023; and be it FURTHER RESOLVED: That the City Council authorizes the City Manager or designee to execute the claim and authorizes any and all actions that may be necessary or advisable to effectuate the purposes of this Resolution.
* * * * * * * * * * * * * *
The foregoing Resolution 2023-_____ was adopted by the Tracy City Council on August 15,
2023, by the following vote:

AYES: COUNCIL MEMBER
S:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTENTION: COUNCIL MEMBERS:
___________________________________________
NANCY D. YOUNG

Mayor of the City of Tracy, California
ATTEST:

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

Page 2 ends

August 15, 2023
Agenda Item 1.I

RECOMME

NDATION
Staff recommends that the City Council authorize a Professional Services Agreement with West Coast Arborists, Inc. for the 2023-2024 Tree Maintenance Program, for an initial two years with authority for the City Manager to execute agreement extensions for an additional five years, with a not-to-exceed amount of $2,587,176 annually.

EXECUTIVE SUMMARY
Staff recommends that the City Council authorize the execution of a Professional Services Agreement with West Coast Arborists (“WCA”) for Tree Maintenance Services (“Agreement”).

The Agreement would cover an initial period of two years and allow for extensions by the City Manager for up to an additional five (5) years (in any com bination of lengths). Staff requests that the City Manager execute any minor changes to the contract and amendments based on the rec
ommendation of satisfactory performance for the Operations & Utilities Director. The total cost of the contract will not exceed $2,587,176 annually.

BACKGROUND AND LEGISLATIVE HISTORY
The Tracy Consolidated Landscape Maintenance District (“LMD”), Community Facilities Di strict (“CFD”), and General Funded areas have approximately 47,283 trees and pl antable sites .

These trees require regular maintenanc e to ensure they remain healthy and do not pose a safety risk to the community. WCA is the current contractor for tree maintenance services, and the company has provided excellent ser vice. WCA is a reputable company that has been in business for over 50 years. They have extensive experience providing tree maintenance services to municipalities and employ certified arborists knowledgeable about the best practices for
tree care.

A Request for Proposal (“RFP”) was released on April 5, 2023. RFP were received on May 11, 2023 with one proposal.

ANALYSIS
The proposed agreement with WCA includes all necessary maintenance services for the trees, including removal, replants, and any additional services needed to care for the City’s Urban Forest. The proposed agreement provides significant environmental benefits. P roper tree maintenance services will help to preserve the health and vitality of the urban forest, which will, in turn, improve air quality and reduce energy costs.

On May 11, 2023, the City received one proposal. A panel of three City staff members, including two certified arborists, reviewed the proposal and determined that the WCA demonstrated the competence and professional qualifications necessary for the satisfactory perfor mance of the required services and possessed the skills, experience, and certifications required to provide the services.

Agenda Item 1.I
August 15, 2023

Page 2 ends

FISCAL IMPACT
The proposed Professional Services Agreement with WCA is for a not-to-exceed amount of $2,587,176 annually. The not-to-exceed amount is based on services needed at the end of a possible seven-year contract.

Funding for the agreement with WCA exists in the FY2023-24 operating budget of the following funds: LMD (271), CFD (272, 273) and GF (101). Staff will incorporate the annual amount of funding needed each fiscal year for this agreement in the annual operating budget adopted by City Council based on the Urban Forest’s health and goals established by the Urban Forestry Management Plan (pending adoption).

STRATEGIC PLAN
This agenda item supports the Quality of Life Initiative, Goal #1: To advance green and roadway infrastructure projects that improve connectivity, including bike lanes.

CEQA
The project is exempt pursuant to categorical exemptions per CEQA Guidelines §15301(a), Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration
of existing public or private structures.

ACTION REQUESTED OF THE CITY COUNCIL
Staff recommends that the City Council of the City of Tracy authorize a Professional Services Agreement with Wes
t Coast Arborists, Inc. for the 2023-2024 Tree Maintenance Program for an initial two years with authority for the City Manager to execute agreement extensions for an additional
five years, with a not-to-exceed amount of $2,587,176 annually.

Prepared by: David Murphy, Assistant Director of Operations Reviewed by: James A. Jackson, Director of Operations & Utilities Sara Cowell, Director of Finance
Karin Schnaider, Assistant City Manager
Bijal M. Patel, City Attorney
Approved by: Midori Lichtwardt, Interim City Manager
Attachment A
– PSA with West Coast Arborists, Inc.

Attachment A

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

TRACY CIT

Y COUNCIL
RESOL
UTION NO. _______________

AUTHORIZ

ING A PROFESSIONAL SERVICES AGREEMENT WITH WEST
COAST ARBORISTS, INC., FOR THE 2023-2024 TREE MAINTENANCE

PROGRAM, FOR AN INITIAL TWO YEARS WITH AUTHORITY FOR THE CITY

MANAGER TO EXECUTE AGREEMENT EXTENSIONS FOR AN ADDITIONAL FIVE YEARS, WITH A NOT-TO-EXCEED AMOUNT OF $2,587,176

ANNUALLY
WHEREAS, The Tracy Consolidated Landscape Maintenance District (“LMD”), Community Facilities District (“CFD”), and General Funded areas have approximately 47,283 trees and plantable sites. These trees require regular maintenance to ensure they remain healthy and do not pose a safety risk to the community; and
WHEREAS, The City seeks to enter into a professional services agreement (“Agreement”) with West Coast Arborists, Inc. (“WCA”) to provide a variety of tree maintenance and emergency
response services throughout the CFD; and
WHE
REAS, A Request for Proposal (“RFP”) was released on April 5, 2023. RFP were received on May 11, 2023 with one proposal. A panel of three City staff members, including two certified arborists, reviewed the proposal and determined that the WCA demonstrated the competence and professional qualifications necessary for the sati sfactory performance of the required services and possessed the skills, experience, and certifications required to provide the services; and
W
HEREAS, The Agreement includes all necessary maintenance services for the trees, removal, replants, and any additional services needed to care for the City’s urban forest. Proper tree maintenance services will help to preserve the health and vitality of the urban forest, which will, in turn, improve air quality and reduce energy costs; and NOW, THEREFORE, Be it resolved as follows:

RESOLVED: That the foregoing recitals are true and correct; and be it FURTHER RESOLVED: That City hereby approves the Agreement for the 2023-2024 Tree Maintenance Program, which includes a not-to-exceed amount of $2,587,176 annually and an initial term of two years. After review and approval by the City Attorney’s Office, the City authorizes
the execution of the Agreement and authorizes any and all actions that may be necessary or advisable to effectuate the purposes of this Resolution; and be it further RES
OLVED: The City authorizes the City Manager to ex ecute Agreement extensions for up to an additional five years, pursuant to the terms of the Agreement and minor amendments, and be it further,
Resolution 2023-

Page 2 ends

RESO
LVED: The project is exempt pursuant to categorical exemptions per CEQA Guidelines §15301(a), Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures; and be it further
RESO
LVED: This Resolution is effective immediately upon adoption. * * * * * * * * * * * * * *
The foregoing Resolution 2023-_____ was adopted by the Tracy City Council on the 15th day of August 2023, by the following vote:

AYES: CO
UNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

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

ADRIANNE RICHARDSON
City Clerk and Clerk of the Council of the
City of Tracy, California
August 15, 2023
Agenda Item 1.J

RECOMMENDATION
Staf
f recommends that the City Council adopt a resolution (1) rejecting all bids for the Temporary Emergency Housing Project on Arbor Road, Site Improvements Construction Package 2, CIP 71112, received October 19, 2022, and (2) authorizing staff to re-advertise the project.

EXECUT

IVE SUMMARY
Staf
f recommends that City Council adopt a resolution rejecting all bids for the Temporary Emergency Housing Project on Arbor Road, Site Improvements Construction Package 2, CIP 71112, received on October 19, 2022, and authorizing staff to re-advertise the project.

BACK

GROUND AND LEGISLATIVE HISTORY
On Sep
tember 1, 2020, Council authorized the creation of a Capital Improvement Project for the Temporary Emergency Housing Project on Arbor Avenue, CIP 71112, to create a safe and dignified facility for residents experiencing homelessness.

The pro
ject was divided into a Site Preparation phase (Phase 1) of demolition, rough grading and installation of underground utilities, and a Site Improvements phase (Construction Package 2) of full site construction and development that required the work of the design consultant, The KPA Group, LLC (Consultant).

The Sit
e Preparation Work (Phase 1) has been completed.

The second
construction contract for Site Improvements (Construction Package 2) was advertised for competitive bids on June 8, 2022, June 10, 2022, and June 15, 2022. Bids were received and publicly opened in Room 203 and online via video conference call at 2:00 p.m. on Wednesday, July 20, 2022. Only one bid from Gowan Construction, Inc., of Tracy, California was received. Upon conducting a bid analysis, City staff determined that the bid was nonresponsive.

As
a result, Resolution No. 2022-120 was adopted by Council on August 16, 2022, thereby (1) rejecting the sole, nonresponsive bid, and (2) authorizing City staff to re-advertise the project.

The Sit
e Improvements (Construction Package 2) was re-advertised for bids on September 12th, 16th, and 23rd of 2022. The Construction Package 2 Bid documents were restructured to include a Base Bid plus four (4) Additive Bid Items (ABIs). The Base Bid + ABI 1 was determined to provide the minimum elements necessary for a safe facility. The low bidder was determined by the lowest combined bid for the Base Bid + ABI 1. Bids were received and publicly opened via online video conference call at 2:00 p.m. on Wednesday, October 19, 2022, with the following results:

Contractor Base Bid + ABI-1
GradeTech, Inc. $ 6,868,531
Diede Construction, Inc. $ 8,348,822
DL Falk Construction $ 8,570,378
Gowan Construction $ 8,586,700
Agenda Item 1.J
August 15, 2023

Page 2 ends

ANALYSIS
The bids received exceeded the Engineer’s Estimate, for both the Base Bid + ABI 1 (used to determine the low bidder) and the Base Bid + All AB I’s. The low bidder was 16% higher than the Engineer’s Estimate, and the three other bids were 35-45% higher. The City did not award a construction contract because the bi ds e xceed available funding.

Staff and the design team have been evaluating revisions to the contract requirements, bid items, unit price formats, and Engineer’s Estimate so that readvertisement of the p roject will produce bid submittals that are within the appropriated funding. Additional research about current material delivery times and impacted suppl y chains has been conducted, and some long lead time electrical items have been contracted out sepa rately, removing some of the risk that Contractors relayed to staff that they felt was present in the previous construction package.

SCAL IMPACT
The bids received exceeded available funding for the Temporary Emergency Housing Project, CIP 71112. Rejection of the bids will allow staff and the design t eam to make revisions that will allow future readvertisement of the project to produce results that stay within the funds available.

CEQA DETERMINATION
A Notice of Exemption was issued on October 16, 2020, for the Temporary Emergency Housing site at 500 Arbor Avenue in accordance with Government Code sections 65660 -65662 for Low Barrier Navigation Centers and Section 15269c) of the CEQA Guidelines (14 Cal Code Regs. 15269(c) for (Emergency Projects).

STRATEGIC PLAN
This agenda item supports the City of Tracy’s Public Saf ety Strategic Priority and aids in Goal 2, “Implement the Adopted Homelessness Strategic Plan.”

ACTION REQUESTED OF THE CITY COUNCIL
Staff recommends that the City Council adopt a r esolution (1) rejecting all bids for the Temporary Emergency Housing Project on Arbor Road, Site Improvements Construction Package 2, CIP 71112, received October 19, 2022, and (2) authorizing staff to re-advertise the project.

Prepared by: Ilene Macintire, PE, Senior Civil
Engineer
Reviewed by: Koosun Kim, PE, City Engineer / Assistant Director of Development Services Sara Cow
ell, Finance Director
Bijal M. Patel, City Attorney
Karin Schnaider, Assistant City Manager
Approved
by: Midori Lichtwardt, Interim City Manager

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

TRACY CIT

Y COUNCIL
RESOLU
TION 2023-_____

REJECTING ALL BIDS FOR THE TEMPORARY EMERGENCY HOUSING

PROJECT ON ARBOR AVENUE, SITE IMPROVEMENTS CONSTRUCTION PACKAGE 2, CIP 71112, RECEIVED ON OCTOBER 19, 2022, AND

AUTHORIZING STAFF TO RE-ADVERTISE THE PROJECT
WHEREAS, the Temporary Emergency Housing Facility, CIP 71112 is an approved project; and
WHEREAS, in September of 2022, Temporary Emergency Housing Project on Arbor Road, Site Improvements Construction Package 2, CIP 71112, was re-advertised for bids; and WHEREAS, bid
s were received on October 19, 2022 with the following results; and WHEREAS, Engineering staff prepared the plans and specifications and re-advertised the
Temporary Emergency Housing Project on Arbor Road, Site Improvements Construction Package 2, CIP 71112, for competitive bids on September 12th, 16th and 23rd of 2022, and bids w
ere received and publicly opened in City Hall Room 203/Teleconference at 2:00 p.m. on October 19, 2022, with the following results:

WHEREAS, al
l bids exceeded the Engineer’s Estimate and available project funds; now, therefore, be it
RESOLVED:

That the above recitals are true and correct; and be it

FURTHER RES
OLVED: That the City Council of the City of Tracy hereby rejects all bids for the Temporary Emergency Housing Project on Arbor Road, Site Improvements Construction Package 2, CIP 71112, received on October 19, 2022; and be it

FURTHER R
ESOLVED: That the City Council of the City of Tracy authorizes staff to re- advertise the project.

Contractor Base Bid + ABI-1
GradeTech, Inc. $ 6,868,531
Diede Construction, Inc. $ 8,348,822
DL Falk Construction $ 8,570,378
Gowan Construction $ 8,586,700; and
Resolution 2023-_____

Page 2 ends

* * * * *
* * * * * * * * *
The foregoing Resolution 2023-_____ was adopted by the Tracy City Council on the 15th day of August 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
August 15, 2023
Agenda Item 1.K

RECOMMENDATION
Staff
recommends that the City Council adopt a resolution to (1) accept the construction for the Improvements at Grant Line Road and MacArthur Drive Intersection Project, CIP 72121, for work completed by DV Electric, Co., of San Jose, California, (2) authorize the City Clerk to File the Notice of Completion with the San Joaquin County Recorder’s Office, (3) authorize the City Engineer to release the bonds and retention payment, and (4) authorize the Finance Department to close the Project.

EXECUTIVE SUMMARY
City s
taff requests that the City Council accept the construction for the Improvements at Grant Line Road and MacArthur Drive (Project), CIP 72121, as complete. Project costs are within the available budget and work was completed in a timely manner and in accordance with plans and specifications as provided. Staff recommends that the City Council accept the Project as complete to enable the City Engineer to release the contractor’s bonds and retention payment.

BACKGROUND AND LEGISLATIVE HISTORY
Leprino
Foods Company is located at the corner of Grant Line Road and MacArthur Drive, adjacent to the Project. They have great concern for pedestrian safety when crossing the intersection into oncoming traffic without proper traffic control. Due to these safety concerns, the City of Tracy Traffic Engineering staff studied the traffic and pedestrian traffic and came up with a design for the intersection that would resolve the safety issue. The studies resulted in the need to install pedestrian-only traffic control on the traffic signal heads along with a fence that would restrict crossing the road in places other than at the intersection.

City
staff worked with a consultant, Advanced Mobility Group, to prepare the plans, specifications, and estimates. The Project was advertised for competitive bids on January 21, 2022, and January 28, 2022. Bids were received and publicly opened at 2:00 p.m. on Wednesday, February 16, 2022. The City Manager approved and awarded a construction contract on June 15, 2022, to DV Electric, Inc., of San Jose, California in a not-to-exceed amount of $127,650, for the construction of the Improvements for the Project. No change orders were issued for this project.

ANALYSIS
The Proj
ect work included the installation of activated LED blank-out signs on traffic signals, the installation of fencing along the median, and the installation of signage and striping at the intersection of Grant Line Road and MacArthur Drive.

The Contra
ctor has completed all the work required to be done in accordance with the plans and specifications and has requested acceptance of the Project. The City Engineer has inspected the completed work and confirmed that all work conforms to the contract plans and specifications. The Project was completed within the time frame of the original contract.

Agenda Item 1.K
August 15, 2023

Page 2 ends

FISCAL IMPACT
CIP 72121, Grant Line Road and MacArthur Drive Intersection Improvements Project, is an approved Capital Improvement Project with a budget of $160,715. This project was funded with an approved funding agreement with Leprino Foods Company. The total completed project cost is $143,755 and the remaining funds are to be returned within 45 days to Leprino Foods Company upon completion and acceptance of the improvements.

Final project costs were within budget as follows:

A. Construction Contract Amount $ 127,650
B. Approved Change orders $ 0
C. Design, construction management, inspection,
Testing & miscellaneous project management
Expenses $ 15,825
Total Project Costs $ 143,475
Total Budget Amount $ 160,715
Budget Remaining $ 17,240
The remaini
ng funds in the project will be returned as follows:

Budget Cost Balance
Leprino Foods Company $ 160,715 $ 143,475 $ 17,240 Totals $ 17,240

PUBLIC OUTREACH / INTEREST
Multiple m
eetings were held between Leprino Foods Company and staff to understand the issue concerning pedestrians crossing.

COORDINATION
Coordinati
on between Transit, Police Department, Engineering and Operations, and the Street Maintenance Division occurred on multiple occasions to coordinate and establish this project as complete.

CEQA DETERMINATION
Minist
erial Exemption, Code Section #15303 (d), New Construction.

This proje
ct is exempt pursuant to categorical exemptions per CEQA guidelines Section 15303 (d), New Construction. Water main, sewage, electrical, gas, and other utility extensions, including street improvements of reasonable length to serve such construction.

STRATEGIC PLAN
This agenda ite
m is consistent with the City Council’s adopted Quality of Life Strategy and meets the goal of enhancing the City’s amenities.

Agenda Item 1.K
August 15, 2023

Page 3 ends

ACTION REQUESTED OF THE CITY CO UNCIL
Staff
recommends that the City Council, by resolution, (1) accept the construction for the Improvements at Grant Line Road and MacArthur Drive, CIP 72121, in Tracy, California, for work completed by DV Electric, Inc., of San Jose, California, (2) authorize the City Clerk to File the Notice of Completion with the San Joaquin County Recorder’s Office, (3) authorize the City Engineer to release the bonds and retention payment, and (4) authorize the Finance Department to close the Project.

Prepared
by: Leisser Mazariegos, Associate Engineer
Review
ed by: Koosun Kim, PE, City Engineer / Assistant Director of Development Services Sara Cowell, Finance Director
Bijal M. Patel, City Attorney
Karin Schnaider, Assistant City Manager
Approved
by: Midori Lichtwardt, Interim City Manager

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

TRACY CITY COUNCIL
RESO
LUTION 2023-_____
(1) ACCEPT

ING THE CONSTRUCTION FOR THE IMPROVEMENTS AT THE

GRANT LINE ROAD AND MACARTHUR DRIVE INTERSECTION PROJECT , CIP 72121, FOR WORK COMPLETED BY D.V. ELECTRIC, CO., OF SAN JOSE, CALIFORNIA;
(2) AUTHORIZING THE CITY CLERK TO FILE THE NOTICE OF COMPLETION WITH THE SAN JOAQUIN COUNTY RECORDER’S OFFICE;
(3) AUTHORIZING THE CITY ENGINEER TO RELEASE THE BONDS AND RETENTION PAYMENT; AND
(4) AUTHORIZING THE FINANCE DEPARTMENT TO CLOSE THE PROJECT.

WHEREA
S, on March 4, 2022, the City Manager approved and awarded a construction contract to D.V. Electric, Co., of San Jose, California (Contractor) for the Improvements at Grant Line Road and MacArthur Drive Intersection Project, in Tracy, California, CIP 72121 (Project); and
WHEREA
S, the Contractor has completed all the work required to be done in accordance with the plans and specifications and has requested acceptance of the Project; and WHEREA
S, the City Engineer has inspected the completed work and confirmed that all work conforms to the contract plans and specifications; and WHEREA
S, no change orders were issued as part of this Project; and WHEREA
S, the Project work included the installation of activated LED blank-out signs on traffic signals, the installation of fencing along the median, and the installation of signage and striping at the intersection of Grant Line Road and MacArthur Drive; and WHEREA
S, the Project has been completed with the available budget, within the agreed upon time frame, per plans, specifications, and City of Tracy Standards; and WHEREA
S, the Project budget is $160,715, the project was completed under the budget for a total cost of $143,475. The Project was Developer funded by Leprino Foods Company.

Any remaining funds will be returned when the project is closed by the Finance Department; now, therefore, be it

RESOLVED
: That the City Council of the City of Tracy hereby accepts the construction for the Improvements at Grant Line Road and MacArthur Drive Intersection Project, CIP 72121, for work completed by D.V. Electric, Co., of San Jose, California; and be it

FURTHER
RESOLVED: That the City Council authorizes the City Clerk to file the Notice of Completion with the San Joaquin County Recorder’s Office; and be it Resolution 2023-_____

Page 2 ends

FURTHER RESOLVED: That the City Council authorizes the City Engineer to release the bonds and retention payment; and be it

FURTHER R
ESOLVED: That the City Council authorizes the Finance Department to close the Project, and to take all such actions necessary to effectuate the intent of this Resolution.
* * * * * * * * * * *
* * *
The foregoing Resolution 2023-_____ was adopted by the Tracy City Council on the 15th day of
August 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTENTION:

COUNCIL MEMBERS:

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
August 15, 2023
Agenda Item 1.L

RECOMMENDATION
Staff recommends that the City Council adopt a resolution: (1) Accepting the Board of State of Community Corrections Officers Wellness and Mental Health Grant in the amount of $73,718; (2) Appropriating the grant funding of $73,718 to the Police Department’s operational budget; (3) Approving a Professional Services Agreement (PSA) with Sigma Wellness, LLC (Sigma) for advanced preventative medical screenings for Tracy Police Department’s first responders, for a term of 12 months, with a not-to-exceed amount of $105,000; and (4) Determining that waiving the competitive bidding process to award the PSA to Sigma is in the best interest of the City, pursuant to 2.20.140(b)(6) of the Tracy Municipal Code.

EXECUTIVE SUMMARY
This staff report is to provide background information supporting a Professional Services Agreement (PSA) with Sigma Wellness, LLC (Sigma) for advanced preventative medical screenings for the Tracy Police Department’s first responders, including sworn personnel and public safety dispatchers. The City received a grant from the Board of State of Community Corrections Officers Wellness and Mental Health in the amount of $73,718.

Staff requests this funding be appropriated to the Police Department’s operational budget, and this funding will partially cover the cost of the proposed PSA with Sigma.

BACKGROUND AND LEGISLATIVE HISTORY
In accordance with Assembly Bill 178, Chapter 45, Statues of 2022, Item 5227-121-0001, funding is available to all city and county law enforcement agencies employing officers described in 830.1 of the
Penal Code. The funding was directly distributed to California cities
for this purpose and not the result of a competitive process for improving officer wel
lness and expanding mental health sources to include, establishing officer wellness units or expanding existing officer wellness units, establishing peer support units or expanding peer support units, services provided by licensed mental health professional, counselor, or other professional that works with law enforcement, expanding multiagency mutual aid programs focused on officer wellness and mental health, and other programs or services that are evidence based or have successful track record of enhancing officer wellness.

As a result of the passage of Assembly Bill 178 Chapter 45, Statues of 2022, Item 5227- 121-0001, the State of California distributed funds to each city based on a predetermined formula. The City of Tracy Police Department was granted $73,718.

In keeping in alignment with the President’s Task Force on 21st Century Policing, published in 2015, the Tracy Police Department has placed significant emphasis on recognizing and maintaining the health and wellness of its employees. The department’s strategic priorities include advanced training, technology, and wellness, with a specific focus on the physical and psychological wellness of its first responders.

A PSA with Sigma will provide cardiovascular and metabolic screening to Tracy Police Department’s Sworn Police Officers and Public Safety Dispatchers at a rate of $799 per person and includes:
• Active 12-L ead Electrocardiogram (EKG) – Conducted on -site, elucidates any abnormal electrical activity in cardiac tissue which could be specific to heart disease. • Cardiometabolic
Test includes report, follow up clinician consult, and dietary companion.
• Limited
carotid artery ultrasound of intima media thickness (CIMT). • Comprehensive clinician consult - 20 minute consult that ties together 12-Lead EKG, CIMT Ultrasound and advanced lipid profile.
• Advanced lipid profile – Comprehensive panel including, complete blood count, cardio
-inflammatory markers, comprehensive metabolic panel, thyroid assay, PSA where appropriate.
• On
Site Phlebotomy – On site team of professional phlebotomists will conduct blood draws in a safe, comfortable, and professional environment to ensure the highest quality and
patient confidentiality.
• Exercise and Dietary consultation.

The term of the PSA is 12 months, for a not to exceed amount of $105,000, to provide sufficient time for Sigma to conduct the screening of approximately 130 sworn police officers and public safety dispatchers, and for the department to perform progress checks with participating employees to determine if services assisted with their health and wellbeing.

ANALYSIS
The Tracy Police Department learned of Sigma from a neighboring law enforcement agency (Livermore PD). In speaking with staff at Sigma, staff learned that police officers and police dispatchers are inherently at a higher risk for heart attacks and strokes compared to the general public. The average age for a police officer to have a heart attack is 46 years old. Also, police officers suffer from obesity, diabetes and hypertension at rates much higher than the general public. For example, the obesity rate for a police officer is 28% higher than the general public.

In learning the above health risks for police officers and dispatchers, the police department understood the importance of plugging into a comprehensive cardiac screening evaluation along with an individualized nutritional and exercise program.

Sigma would provide every police officer and dispatcher with the cardiac screening and individual nutritional and exercise program.

Sigma provides onsite screening and individual meetings with the police officers and dispatchers. The process is as follows: on-site bloodwork collection, carotid ultrasound, review of individual’s medical history and vital signs, cardio-metabolic stress test (exercise test on a stationary bike) followed up with exercise/dietary consultation and medical consultation (review of medical diagnostics, lab data, ECG interpretation and carotid ultrasound evaluation) with a medical professional.

Agenda Item 1.L
August 15, 2023

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The process is one hundred percent voluntary and confidential for every police officer and dispatcher.

The police department
would like to partner with Sigma as they support the Department’s efforts to improve wellness through comprehensive health screening and because of their long-standing relationship with public safety and their ability to bring their program directly to Tracy PD. In other similar programs, police officers and dispatchers have to go to a hospital or clinic for this type of medi cal screening. Also, the medical screening process provided by Sigma i s mo re comprehensive than the standard physical a police officer or dispatcher receives annually from their primary doctor.

The President’s Task Force on 21st Century Policing, published in 2015, reports that law enforcement agencies should promote safety and wellness at every leve l of the organization.

The report’s recommendations related to Officer Wellness and Safety state that agencies should focus on strategies in several areas including physical, mental, and emotional health. According to the report, “the most important factor to consider when discussing wellness and safety is the culture of law enforcement, which needs to be transformed.

Support for wellness and safety sh
ould permeate all practices and be expressed through
changes in procedures, requirements, attitudes, and behaviors. An agency work envi- ronment in which officers do not feel they are respected, supported, or treated fairly is one of
the most common sources of stress. And research indicates that officers who feel respected by their supervisors are more likely to accept and voluntarily comply with departmental policies. This transformation should also overturn the t radition of silence on psychological problems, encouraging officers to seek help without concern about negative consequences.”
The main benefit to this Sigma pr
ogram i s better long-term health for police officers and dispatchers. A second benefit is a reduction in police officers and dispatchers s uffering heart attacks, diabetes or strokes that could lead t o a shorter career or a medical retirement compared to a full-service retirement. The third benefit is the cost savings to the City of Tracy. According to the Commission on Accreditation for Law Enforcement Agencies, the average cost for an on or off-duty heart attack for a police officer ranges betw
een $400,000 to $750,000 since a heart attack is a presumptive medical condition.

If Sigma and the Tracy Police Department can partner together through medical screening and identify police officers and dispatchers who ar e at-risk for these medical issues, these individuals can immediately address these health risks. In turn, police officers and dispatchers will be healthier, complete a full career and employer costs will decrease.

As Sigma is offering a comprehensive program uniquely geared for police departments, other cities have successfully utilized Sigma’s services and these se rvices meet the grant requirements, staff is recommending that the City Council determine that waiving the competitive bidding process to award the PSA to Sigma is in the best interest of the City, pursuant to 2.20.140 (b)(6) of the Tracy Municipal Code.

FISCAL IMPACT
The PSA is for a not to exceed amount of $105,000. The funding will be provided through the Police Department’s Board of State of Community Corrections (BSCC) Officers Wellness and Mental Health grant funding and supplemented with the Police Department’s Asset Forfeiture fund.

Agenda Item 1.L
August 15, 2023

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BSCC Officer Wellness funding: $73,718
Asset Forfeiture fund: $ 31,282
Total: $105,000

PUBLIC OUTREACH/ INTEREST
This item is for internal police department first responders. No public outreach was conducted.

COORDINATION
Tracy Police Department has received officer wellness grant funding from the Board of State of Community Corrections for initiatives that improve overal l officer wellness.

This project supplements other wellness activities implemented by the Tracy Police Depar
tment and supported through the President’s Task Force on 21st Century Policing – Pillar 6 – Officer Wellness and Safety and the Bureau of Justice programs including Edward Byrne Memorial Justice Assistance Grant and Community Oriented Policing Services (COPS) Law Enforcement Mental Health and Wellness Act.

CEQA DETERMINATION
The approval of this PSA does not constitute a “project” under CEQA.

STRATEGIC PLAN
This agenda item is related to Council’s stra tegic priority for Public Safe ty.

ACTION REQUESTED OF THE CITY COUNCIL
Staff recommends that the City Council adopt a resolution: (1) Accepting the Board of State of
Community Corrections Officers Wellness and Mental Health Grant in the amount of $73,718; (2) Appropriating the grant funding of $73,718 to the Police Department’s operational budget; (3) Approving a Professional Services Agreement (PSA) with Sigma Wellness, LLC (Sigma) for advanced preventative medical screenings for
Tracy Police Department’s first responders, for a term of 12 months, with a not-to- exceed amount of $105,000; and (4) Determining that waiving the competitive bidding process to award the PSA to Sigm a is in the best interest of the City, pursuant to

2.20.140(b)(6) of the Tracy Municipal Code.

Prepared by: Tim Bauer, Police Lieutenant
Beth Lyons-McCarthy, Support Division Manager
Reviewed by: Sekou Millington, Chief of Police
Bijal Patel, City Attorney
Sara Cowell, Director of Finance
Karin Schnaider, Assistant City Manager
Approved by: Midori Lichtwardt, Interim City Manager
Agenda Item 1.L
August 15, 2023

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ATTACHMENTS:

Attachment A - Professional Services Agreement - Sigma Wellness, LLC City of Tracy -- Professional Services Agreement with Sigma Wellness, LLC

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CITY OF TRACY

PROFESSIONAL SERVICES AGREEMENT WITH
Sigma Wellness, LLC
This Professional Services Agreement (Agreement) is entered into between the City of Tracy, a municipal corporation (City), and Sigma Wellness, LLC., a limited liability company (Consultant). City and Consultant are referred to individually as “Party” and collectively as “Parties.” Recitals
A. City desires to retain Consultant to provide cardiovascular and metabolic screening to Tracy Police Department’s Sworn Police Officers and Public Safety Dispatchers.

B. At the City’s request, Consultant provided a proposal to perform the services described in this Agreement.

C. Pursuant to Tracy Municipal Code 2.20.140(b)(2) the formal request for proposals process is not required because Consultant is sole source vendor providing cardiac/metabolic screening correlating known risk factors, genetics, and occupational stressors that are characteristic of law enforcement.

D. On August 15, 2023, the City Council authorizes the execution of this agreement, pursuant to Resolution 2023-_______.

Now therefore, the Parties mutually agree as follows:

1. Scope of Work. Consultant shall perform the Services, which includes those described in Exhibit “A,” which is attached hereto and incorporated herein by reference. The services shall be performed by Sigma Wellness, LLC. Consultant shall not use or replace any subcontractor or subconsultant wit
hout City’s prior written consent. The City may terminate this Agreement if Consultant makes any such change or replacement, or uses any unapproved subcontractor or subconsultant.

2. Time of Performance. Time is of the essence in the performance of services under this Agreement and the timing requirements set forth shall be strictly adhered to unless otherwise modified in writing in accordance with this Agreement. All payable encounters will be scheduled by the Consultant. Any services for which times for performance are not specified in this Agreement shall be started and compl
eted by Consultant Any services for which times for performance are not specified in this Agreement shall be started and completed by Consultant in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the Consultant. Consultant shall submit all
requests for time extensions to the City in writing no later than ten days after the start of the condition which purportedly caused the delay, and not later than the date on which performance is due.

City may
grant or deny such requests in its sole and absolute discretion.

2.1 Term. The term of this Agreement shall begin September 1, 2023 and automatically end on August 31, 2024, unless terminated in accordance with Section 6.

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

3.1 Not to Ex
ceed Amount. Consultant’s total compensation under this Agreement shall not exceed $105,000. It is understood and agreed that Consultant may not receive compensation up to

ATTACHMENT A
City of Tracy -- Professional Services Agreement with Sigma Wellness, LLC

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this amount, and Consultant’s total compensation under this Agreement will depend on the scope of services approved by the City. Consultant’s billing rates shall cover all costs and expenses for Consultant’s performance of this Agreement and includes 40 hours of onsite services. No work shall be performed by Consultant in excess of the total compensation amount provided in this section without the City’s prior written approval. Notwithstanding anything contained in this Agreement to the contrary, the payment of any funds under this Agreement shall be subject to the City of Tracy’s appropriation of funds for Services. This Agreement shall terminate in the event such funds are not appropriated.

3.2 Invoices. Despite any prepayment for Services, Consultant shall submit monthly invoice(s) to the City that describe the Services performed, including time and date of services provided.

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

3.3 Payment. City will prepay Consultant for the number of scheduled or reasonably anticipated Payable Encounters (as defined in Exhibit B attached hereto and incorporated herein) the City expects during the term of this Agreement. All other invoices outside the prepayment will be paid within 30 days after the City’s receipt of invoice(s), City shall make payment to the Consultant based upon services described on the invoice(s) and approved by the City.

3.3.1 Within seven (7) days of any such demand, but in any event promptly upon the termination of this Agreement, Consultant shall refund City for any amounts prepaid by City for any overpayment based on or anticipated, but unperformed, Payable Encounters and/or any Payable Encounters that, after the completion of the Services, do not qualify as a Payable Encounter.

3.4 The acceptance by Consultant of the final payment made under this Agreement shall constitute a release of City from all claims and liabilities for compensation to Consultant for anything completed, finished or relating to Consultant’s services. Consultant agrees that payment by City shall not constitute nor be deemed a release of the responsibility and liability of Consultant or its employees, subcontractors, agents and subconsultants for the accuracy and competency of the information provided and/or services performed hereunder, nor shall such payment be deemed to be an assumption of responsibility or liability by City for any defect or error in the Services performed by Consultant, its employees, subcontractors, agents and subconsultants.

3.5 Consultant agrees to maintain books, accounts, payroll records and other information relating to the performance of Consultant’s obligations under the Agreement, which shall adequately and correctly reflect the expenses incurred by the Consultant in the performance of Consultant’s work under the Agreement. Such books and records shall be open to inspection and audit by the City during regular business hours for three years after expiration or termination of this Agreement.

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

In th
is section, “City” means the City, its officials, officers, agents, employees and volunteers; “Consultant” means the Consultant, its employees, agents and subcontractors; “Claims” includes claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all related costs and expenses) and any allegations of these; and “Arising out of” includes “pertaining to” and “relating to”.

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In the event there is a finding and/or determination that Consultant is not an independent contractor and/or is an employee of City, including but not limited to any such finding and/or determination made by the California Public Employees’ Retirement System (CalPERS), the Department of Industrial Relations (DIR), or the Internal Revenue Service (IRS), Consultant shall, to the fullest extent permitted by law, indemnify, defend, and hold harmless the City from and against any all claims relating to or in connection with such a finding and/or determination.
(The duty of a "design professional" to indemnify and defend the City is limited to claims that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of the design professional, under Civ. Code § 2782.8.)
Consultant and City mutually waive consequential damages for claims, disputes, or other matters in question, arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination of this Agreement.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

6. Termination. The City may terminate this Agreement in their sole and absolute discretion by giving the other party sixty (60) days’ prior written notice. The City shall pay Consultant for all services satisfactorily performed in accordance with this Agreement, up to the date notice is given.

7. Dis
pute Resolution. If any dispute arises between the City and Consultant that cannot be settled after engaging in good faith negotiations, City and Consultant agree to resolve the dispute in accordance with the following:

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

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

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

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

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

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

8. Ownership of Work. City employees that undergo cardiovascular and metabolic screening or similar Payable Encounters may request from Consultant copies of any reports and medical records that relate specifically to that employee generated by Consultant based on Payable Encounters.

Consultant shall provide said employee with the requested records promptly upon the request

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

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

Con
sultant, and its agents or employees, are not entitled to City benefits. Consultant shall be solely responsible for, and shall save the City harmless from, all matters relating to the payment of Consultant’s employees, agents, subcontractors and subconsultants, including compliance w ith social security requirements, federal and State income tax withholding and all other regulations governing employer-empl oyee relations.

9.1 Non-Exclusive Professional Services Agreement. The City reserves the right to contract with other firms and/or consultants during the term of this Agreement to provide the City the City of Tracy -- Professional Services Agreement with Sigma Wellness, LLC

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same or similar services that Consultant is providing to the City under this Agreement. Nothing contained in this Agreement guarantees Consultant a certain amount of work, and the City may, in its sole and absolute discretion, allocate and/or delegate work to Consultant so as to satisfy the City’s needs.

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

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

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

To City: To Consultant:

Tracy Police Department Sigma Wellness, LLC
Attn: Accounts Payable Dr. Benjamin Stone
1000 Civic Center 4285 CR 3270
Tracy, CA 95376 Kempner, TX 76539
With a copy to:

City Attorney
333 Civic Center Plaza
Tracy, CA 95376

13. Miscellaneous.

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

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

13.3 Waivers. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement. No waiver shall be effective unless it is in writing and signed by the waiving party.

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

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City’s consent to one assignment , transfer or delegation shall not be deemed to be a consent to any subsequent assignment, transfer or delegation..

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

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

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

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

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

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

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

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

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

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

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

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

13.14 Counterparts. City and Consultant agree that this Agreement may be executed in two or more counterparts, each of which shall be deemed an original.

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13.15 Expenses for Enforcement. Consultant and City agree that the prevailing party’s reasonable costs, attorneys’ fees and expenses, including investigation fees and expert witness fees, shall be paid by the non-prevailing party in any dispute involving the terms and conditions of this Agreement.

14. Signatures. The individuals executing this Agreement on behalf of Consultant represent and warrant that they have the right, power, legal capacity and authority to enter into and to execute this Agreement on behalf of Consultant.
[SIG
NATURES ON FOLLOWING PAGE]
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The Parties agree to the full performance of the terms set forth here.

City of Tracy
_____________________________
By: Nancy Young
Title: Mayor
Date: _______________________
Attest:
____________________________
Adrianne Richardson, City Clerk
Approved as to form:
_________________________________
Bijal M. Patel, City Attorney
Consultant
________________________________
By: Dr. Benjamin Stone
Title: Founder/CEO
Date: _______________________
Federal Employer Tax ID No.82-2044802
Exhibits:

A Scope of Work, including personnel and time of performance (See Agreement sections 1 and 2.)
B Compensation (See Agreement section 3.)
July 27th, 2023
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EXHIBIT A - Scope of Work
The following shall constitute the “Services” for purposes of this Agreement:

The provision of cardiovascular and metabolic screening to Tracy Police Department’s Sworn Police Officers and Public Safety Dispatchers
Screening to include:

Active 12-Lead Electrocardiogram (EKG) – Conducted on-site, elucidates any abnormal electrical activity in cardiac tissue which could be specific to heart disease.

Cardiometabolic Test includes report, follow up clinician consult, and dietary companion.

Limited carotid artery ultrasound of intima media thickness (CIMT) Comprehensive clinician consult - 20 minute consult that ties together 12 -Lead EKG, CIMT Ultrasound and advanced lipid profile.

Advanced lipid profile – Comprehensive panel including, complete blood count, cardio -inflammatory markers, comprehensive metabolic panel, thyroid assay, PSA where appropriate.

On Site Phlebotomy – On site team of professional phlebotomists will conduct blood draws in a safe, comfortable, and professional environment to ensure the highest quality and patient confidentiality.

Exercise and Dietary consultation.

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2022
EXHIBIT B - Compensation
$799.00 for each cardiovascular and metabolic screening that is:
● Fully rendered by Sigma;
● Initiated, but not fully rendered at the request or demand of CITY or the workforce member/beneficiary; or
● Not fully rendered by Sigma due to the health condition of the workforce member/beneficiary at the time of presenting for the screening.
● Not rendered by Sigma due to being canceled by CITY, or the workforce member/beneficiary, within 24 hours of the date and time the screening was scheduled by Sigma to be provided; or ● Lab draw completed on individual and no show or appointment cancelled less than 24hrs prior to screening appointment.

Eac
h of the above shall be deemed a “Payable Encounter” for purposes of this Agreement.

Labs drawn at a Patient Service Center (PSC), outside of pre scheduled department lab draws will incur an additional fee of $25 per participant.

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

CITY COUNCIL
RESOL
UTION NO. _______________
(1) ACCEPT

ING THE BOARD OF STATE OF COMMUNITY CORRECTIONS

OFFICERS WELLNESS AND MENTAL HEALTH GRANT IN THE AMOUNT OF $73,718; (2) APPROPRIATING THE GRANT FUNDING OF $ 73,718 TO THE POLICE DEPARTMENT’S OPERATIONAL BUDGET ; (3) A PPROVING A

PROFESSIONAL SERVICES AGREEMENT (PSA) WITH SIGMA WELLNESS,

LLC (SIGMA) FOR ADVANCED PREVENTATIVE MEDICAL SCREENINGS FOR TRACY POLICE DEPARTMENT’S FIRST RESPONDERS, FOR A TERM OF 12 MONTHS, WITH A NOT-TO-EXCEED AMOUNT OF $105,000; AND (4)

DETERMINING THAT WAIVING THE COMPETITIVE BIDDING PROCESS TO

AWARD THE PSA TO SIGMA IS IN THE BEST INTEREST OF THE CITY, PURSUANT TO 2.20.140(B)(6) OF THE TRACY MUNICIPAL CODE.

WHEREAS, In accordance with Assembly Bill 178, Chapter 45, Statues of 2022, Item 5227-121
-0001, funding is available to all city and county law enforcement agencies employing officers described
in 830.1 of the Penal Code) for improving officer wellness and expanding mental health sources, establishing officer wellness units or expanding existing officer wellness units, establishing peer support units or expanding peer support units, services provided by
licensed mental health professional, counselor, or other professional that works with law
enforcement, expanding multiagency mutual aid programs focused on officer wellness and
mental health, and other programs or services that are evidence based or have successful track record of enhancing officer wellness; and WHEREAS, As
a result of the passage of Assembly Bill 178 Chapter 45, Statues of 2022, Item 5227
-121-0001, the State of California distributed funds to each city based on a predetermined formula. The City of Tracy Police Department was granted $73,718; and WHEREAS, The Tracy Police Department strategic priorities include advanced training, technology, and wellness, with a specific focus on the physical and psychological wellness of
first responders; and
WHEREAS, Sigma
Wellness, LLC (Sigma Wellness) and the Tracy Police
Department intend to partner together to enable Sigma Wellness to provide medical screening for certain City employees and identify police officers and dispatchers who are at-risk for medical issues; and
WHEREAS, The President’s Task Force on 21st Century Policing, published in 2015, reports that law enforcement agencies should promote safety and wellness at every level of the organization; and
WHEREAS, The
funding will be provided through the Police Department’s Board of State of Community Corrections (BSCC)Officers Wellness and Mental Health grant funding and supplemented with the Police Department’s Asset Forfeiture fund.

NOW, THE
REFORE, be it resolved as follows:

RESOLVED:

That the above recitals are true and correct; and be it, RESOLVED:

That the City Council hereby 1) Accepts the Board of State of Community Corrections Officers Wellness and Mental Health Grant in the amount of $73,718; (2) Approves the appropriation of the grant funding of $73,718 to the Police Department’s operational budget; (3) Approves a Professional Services Agreement (PSA) with Sigma Wellness, LLC (Sigma) for advanced preventative medical screenings for Tracy Police Department’s first responders, for a term of 12 months, with a not-to-exceed amount of $105,000. After review and approval by the City Attorney’s Office, the City authorizes the execution of the Agreement and authorizes any and all actions that may be necessary or advisable to effectuate the purposes of this Resolution; and be it

FURTHER RES
OLVED: As Sigma Wellness, LLC is offering a comprehensive program uniquely geared for police departments, other cities have successfully utilized Sigma’s services and these services meet the grant requirements, the City Council determined that waiving the competitive bidding process to award the PSA to Sigma is in the best interest of the City, pursuant to 2.20.140 (b)(6) of the Tracy Municipal Code. * * * * * * * * *
* * * * *
The foregoing Resolution 2023-_____ was adopted by the Tracy City Council on August 15, 2023 by the following vote:

AYES: COUNCIL M
EMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTENTION: COUNCIL MEMBERS:
___________________________________________
NANCY D. YO
UNG
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-

Page 2 ends

August 15, 2023
Agenda Item 1.M

RECOMMENDATION
Staf
f recommends that City Council adopt a resolution (1) awarding a construction contract to Tennyson Electric, LLC of Livermore, California in the amount of $436,168 for the Streetlight Installation Project (CIP 72125), (2) approving a project not-to-exceed budget of $528,402, (3) appropriating $38,150 from the Gas Tax Fund (F245) to fund the Project, and (4) authorizing the City Manager to approve change orders up to the contingency amount of $43,617, if needed, pursuant to Tracy Municipal Code Section

2.20.090(b).

EXECUTIVE SUMMARY
This ite
m is to consider the award of a construction contract with Tennyson Electric, LLC, of Livermore, California, for the Street Light Installation Project (Project). Staff further requests that Council appropriate $38,150 from the Gas Tax Fund to fully fund the Project.

BACKGROUND AND LEGISLATIVE HISTORY
Engineer
ing Division receives requests from residents for the installation of new streetlights at locations where there is no existing street lighting. Utilities Division also maintains a list of locations where the existing streetlights have been damaged and requires replacement. This Project involves the installation of streetlights at 25 locations within the City, which includes locations requested from residents and locations recommended by Utilities Division.

Engineer
ing staff prepared the plans and specifications and pursuant to the Tracy Municipal Code, advertised the Project for competitive bids on May 26, 2023, and June 2, 2023.

Bids w
ere received and publicly opened in City Hall Conference Room 203 and via Teleconference at 2:00 p.m. on Wednesday, June 21, 2023, with the following results:

Staff’s
subsequent bid analysis indicates that the lowest monetary bid is responsive and the bidder, Tennyson Electric, LLC, of Livermore, California, is responsible. The bidder has the appropriate contractor’s license in active standing with the State of California and has completed similar projects for other public agencies.

ANALYSIS
The tota
l estimated cost of this Project, if awarded to the lowest bidder, is as follows:

Construction Bid $436,168
Construction Management (10%) $43,617
Contractor Base Bid
Tennyson Electric, LLC $436,168
Bockmon & Woody Electric Co., Inc.

$503,904
Bear Electrical Solutions, Inc. $804,900
Agenda Item 1.M
August 15, 2023

Page 2 ends

Design Support During Construction $5,000
Contingency @ 10% $43,617
Total Project Cost $528,402
Tracy
Municipal Code Section 2.20.090(b) authorizes the City Manager, or his designee, to approve change orders up to the contingency amount approved by Council. City staff recommends the contingency amount for this project to be $43,617, which is 10% of the construction contract cost.

FISCAL IMPACT
The total es
timated Project cost is $528,402 and will be funded by CIP 72125, Street Light Installation Project. An appropriation of $38,150 is needed from Gas Tax (F245) to complete the Project. CIP 72125 has a current available budget of $490,254 as follows:

Budget Expenses Available
245 - Gas Tax $ 499,482 $ 9,230 $ 490,252
Totals $ 499,482 $ 9,230 $ 490,252
Estimated Project Cost $ 528,402
Additional Funding Request $ 38,150

PUBLIC OUTREACH / INTEREST
This it
em does not require public outreach.

COORDINATION
The Cit
y’s Engineering Division coordinated with Operations and Utilities Department.

CEQA DETERMINATION
The Pro
ject is categorically exempt, per the following CEQA Guidelines Section:
§ 15303 –
New Construction or Conversion of Small Structures Class 3 category, which consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing structures from one use to another where only minor modifications are made in the exterior of the structure.

STRATEGIC PLAN
This
agenda item supports the City of Tracy’s Quality of Life Strategic Priority, and specifically implements the following goal:

Goal
1: Advance green and roadway infrastructure project that improve connectivity, including bike lanes.

Agenda Item 1.M
August 15, 2023

Page 3 ends

ACTION REQUESTED OF THE CITY COUNCIL
That City Council, by resolution, (1) award a construction contract to Tennyson Electric, LLC, of Livermore, California in the amount of $436,168 for the Streetlight Installation Project (CIP 72125), (2) approve a project not-to-exceed budget of $528,402, (3) appropriate $38,150 from Gas Tax Fund (F245) to complete the Project, and (4) authorize the City Manager to approve change orders up to the contingency amount of $43,617 if needed, pursuant to Tracy Municipal Code Section 2.20.090(b).

Prepared by: Anju Pillai, PE, Senior Civil Engineer
Reviewed by: Koosun Kim, PE, City Engineer / Assistant Director of Development Services Sara Cowe
ll, Finance Director
Bijal M. Patel, City Attorney
Karin Schnaider, Assistant City Manager
Approved
by: M idori Lichtwardt, Interim City Manager

ATTACHMENTS
Attachm
ent A – Location Map

CITY OF TRACY
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Attachment A

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

TRACY CI

TY COUNCIL
RESOL
UTION 2023-_____

AWARDING A CONSTRUCTION CONTRACT TO TENNYSON ELECTRIC, LLC OF LIVERMORE, CALIFORNIA IN THE AMOUNT OF $ 436,168 FOR THE STREETLIGHT INSTALLATION PROJECT (CIP 72125), APPROVING A PROJECT NOT -TO-EXCEED BUDGET OF $528,402, APPROPRIATING $38,150 FROM THE GAS TAX FUND (F245) TO FUND THE PROJECT, AND

AUTHORIZING THE CITY MANAGER TO APPROVE CHANGE ORDERS UP TO THE CONTINGENCY AMOUNT OF $43,617 IF NEEDED, PURSUANT TO TRACY MUNICIPAL CODE SECTION 2.20.090(B)
WHEREA
S, the City seeks to install streetlights at 25 locations within the City as part of the City’s Street Light Installation Project (CIP 72125) (Project), which includes locations requested from residents and locations recommended by the City’s Utilities Division; and WHEREA
S, Engineering staff prepared the plans and specifications for the Project and, pursuant to the Tracy Municipal Code, advertised the Project for competitive bids on May 26, 2023, and June 2, 2023; and
WHEREA
S, the bids were received and publicly opened in City Hall Conference Room 203 and via Teleconference at 2:00 p.m. on Wednesday, June 21, 2023. The following bids were received:

WHEREA
S, Tennyson Electric, LLC, of Livermore, California (Contractor) was the lowest bidder; and
WHEREA
S, the City determined that Contractor’s bid is “responsive” and the Contractor is “responsible;” and
WHEREA
S, Tracy Municipal Code Section 2.20.090(b) authorizes the City Manager to approve change orders up to the contingency amount approved by City Council. The City seeks to have contingency amount for this Project as $43,617; and WHEREA
S, the Project will be funded by Capital Improvement Project (CIP) 72125 and Gas Tax Fund (F245); now, therefore, be it
Contractor Base Bid
Tennyson Electric, LLC $436,168
Bockmon & Woody Electric Co., Inc.

$503,904
Bear Electrical Solutions, Inc. $804,900
Resolution 2023-_____

Page 2 ends

RESOLVED: That the above recitals are true and correct; and be it FURTHE
R RESOLVED: That the City Council of the City of Tracy, by this resolution, awards a construction contract to the Contractor in the amount of $436,168 for the Streetlight Installation Project (CIP 72125) in the form approved by the City Attorney; and be it FURTHE
R RESOLVED: That the City Council of the City of Tracy approves a project not-to-exceed budget of $528,402; and be it
FURTHE
R RESOLVED: That the City Council of the City of Tracy, by this resolution, appropriates $38,150 from the Gas Tax Fund (F245) to fund the Project; and be it FURTHE
R RESOLVED: That the City Manager, or his designee, is authorized to approve change orders up to the contingency amount of $43,617, if needed, pursuant to Tracy Municipal Code Section 2.20.090(b).
* * *
* * * * * * * * * * *
The foregoing Resolution 2023-_____ was adopted by the Tracy City Council on the 15th of
August 2023 by the following vote:

AYES: CO
UNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

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

ADRIANNE RICHARDSON
City Clerk and Clerk of the Council of the
City of Tracy, California
August 15, 2023
Agenda Item 1.N

RECOMME

NDATION
Staff recommends that the City Council approve a Resolution adopting the Fiscal Year 2023-2024 and 2024-2025 City Council Strategic Priorities.

EXECUTIVE SUMMARY
The item for consideration requests that the City Council approve a Resolution to adopt the Fiscal Year 2023-2024 and 2024-2025 City Council Strategic Priorities (Strategic Priorities). On June 27, 2023, staff presented the draft Strategic Priorities to Council for consideration. Council affirmed the four Strategic Priority areas and requested amendments to specific Strategic Priority goals and objectives. Staff incorporated the Council’s feedback, which is reflected in Attachments A – D of the staff report.

BACKGROUND AND LEGISLATIVE HISTORY
In February 2023, the Tracy City Council held a two-day workshop to discuss the principles of good governance, the City Council’s Code of Conduct and Meeting Protocols and Rules of Procedure, and Strategic Priorities. On June 27, 2023, staff presented the draft Strategic Priorities to the City Council for review and input. The Council agreed to prioritize the same four Strategic Priority cat egories used previously and requested amendments to specific Strategic Priority goals and objectives, which are outlined in Attachments A – D of the staff report. The Council also recommended that staff condense the Strategic Priority goals and objectives where possible. The Strategic Priorities also include items requested by the City Council during public meetings, as noted in Attachment E (Council Follow-Up Requests).

The four Strategic Priority areas include:
 Economi
c Development
 To enhance the competitiveness of the City while further developing a strong and diverse economic base.
 Governance
 To enhance fiscal stability, retain and attract new talent, improve the use of technology, and enhance transparency for the betterment of the Tracy community.
 Public Safety
 To enhance community safety by promoting a responsive public safety system that includes civic engagement and partnerships, community involvement, public education, and prevention, intervention, and suppression services that meet the needs of Tracy residents.
 Quality of Life
 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.

The Stra
tegic Priorities represent the multi-year goals expressed by the City Council together Agenda Item 1.N
August 15, 2023

Page 2 ends

with short-term priorities that will receive time and attention over the next 12 to 24 months. The short-term priorities, or objectives, are a combination of new and continuing priorities discussed during the workshop, as well as other key projects and initiatives identified by staff.

The Strategic Priorities serve as a roadmap for the City Council and staff to focus on the most pressing projects and initiatives within the City of Tracy over the next two fiscal years. To ensure
each priority area is advanced, goals and objectives are assigned department leads and estimat
ed completion timeframes. Staff is also working on procuring a digital strategic planning and performance management solution to record, track, and report out on the progress
of the Strategic Priorities, and other projects of interest, via a publicly accessible platform.

FISCAL IMPACT
There is no fiscal impact associated with the approval of this item.

STRATEGIC
PLAN
This agenda item supports the development of the City Council’s FY 2023-2024 and 2024-2025 Strategic Priorities.

ACTION REQUESTED OF THE CITY COUNCIL
Staff recommends that the City Council approve a Resolution adopting the Fiscal Year 2023-2024 and 2024-2025 City Council Strategic Priorities.

Prepared by: Vanessa Carrera, Assistant to the City Manager Reviewed by: Karin Schnaider, Assistant City Manager

Bijal Patel, City Attorney
Sara Cowell, Finance Director
Approved by: Midori Lichtwardt, Interim City Manager
Attachments:

A – FY 24-25 Governance Council Strategic Priority
B – FY 24-25 Public Safety Council Strategic Priority
C – FY
24-25 Economic Development Council Strategic Priority
D – FY 24-25 Quality of Life Council Strategic Priority E – Council Follow Up Requests

ATTACHMENT - A
Multi-Year Priorities (Goals) Short-Term Priorities (Objectives) Lead Department Council Follow Up Item Est. Completion
of Short-Term
Priorities

1.a. Update City Council Code of Conduct and
Meeting Protocols and Procedures.

City Attorney's Office #538 - revisit regular City
Council meeting start
time, frequency, and
virtual participation.

Q4 2023

1.b. Conduct City Council and City Commission Code
of Conduct training.

City Attorney's Office Q1 2024 and
continue on annual
basis

1.c. Discuss the formation of Council districts. Provide legal analysis on the formation of Council districts.

City Attorney's Office #556 - assess viability of
Council districts and term
limits.

Q3 2023

1.d. Conduct Council discussion on expanding term
limits for the Mayor.

City Manager's Office #556 - assess viability of
Council districts and term
limits.

Q1 2024

2.a. Conduct workshops on the five-year Fiscal
Forecast and Capital Improvement Plan (CIP) for FY
23-24 and FY 24-25.

Finance Department Q1 of each Fiscal
Year

2.b. Adopt a balanced Operating and Capital
Improvement Plan budget for FY 23-24 and FY 24-25.

Finance Department Q2 of each Fiscal
Year

2.c. Continue the implementation of the City's
Financial Sustainability Plan to address long-term
fiscal challenges and opportunities.

Finance Department Ongoing

2.d. Advocate at the State level to support local
control of e-commerce sales tax revenue.

Finance Department Ongoing

GOVERNANCE
FY 2023-2024 & FY 2024-2025 COUNCIL STRATEGIC PRIORITIES PURPOSE: To enhance fiscal stability, retain and attract new talent, improve the use of technology, and enhance engagement and transparency for the betterment of the Tracy community.

1. Model good governance,
teamwork, and transparency.

2. Ensure short and long-
term fiscal health.

ATTACHMENT - A

2.e. Update the City's Purchasing Ordinance. Finance Department Q4 2023

2.f. Complete Water and Wastewater rate and fee
studies.

Finance Department
Operations & Utilities
Department
Q2 2024 (Water),
Q2 2023
(Wastewater)

2.g. Complete Cost Allocation Study to assess how
indirect/ central costs can be shared equitably across
the organization.

Finance Department Q4 2024

3.a. Ensure Citywide communication is inclusive and
accessible through traditional and digital channels.

City Manager's Office
and Innovation &
Technology
Department
#460 - Request to make
closed captioning possible
for Channel 26.

Q4 2023

3.b. Provide closed-captioning services for Channel

26. Moved to 3.a.

Innovation &
Technology
Department
#460 - Request to make
closed captioning possible
for Channel 26.

Q4 2023

3.b. Produce public service announcements and
promotional videos within available budget.

City Manager's Office Ongoing

4.a. Explore new technologies and customer service
applications to better serve and communicate with
residents.

Innovation &
Technology
Department
Q4 2023

4.b. Leverage technology to measure service delivery
and Council Strategic Plan goals, and to capture
important data analytics that track progress,
anticipate future trends, and help the City make
informed decisions.

Innovation &
Technology
Department
#500 - explore online
tools for residents to see
what work is being done
on their road and
surrounding areas.
#520 - look into making
GoRequest application
more accessible on the
City's digital platforms.

Q1 2024

3. Enhance community
outreach and engagement to
all Tracy residents.

4. Foster a culture of
innovation and efficiency to
improve service delivery to
the public.

ATTACHMENT - A

4.c. Actively inform residents of innovation and
efficiency efforts through the City's communication
channels and media. Ongoing operational item.

City Manager's Office Ongoing

4.d. Convert City processes to enable the use of e-
signatures and electronic documentation
management to improve workflow efficiency and
service delivery. Ongoing operational item.

Innovation &
Technology
Department
Q1 2024

4.c. Complete an IT Strategic Plan. Innovation &
Technology
Department
Q4 2023

5.a. Invest in employee development programs that
support leadership growth and succession planning
efforts.

Human Resources
Department
Q4 2023

5.b. Successfully negotiate Memorandum of
Understandings (MOUs) with City bargaining units in
FY 2023-2024. Completed/ underway.

Human Resources
Department
Q3 2023

5.b. Create programs that provide opportunities for
local youth to learn about and participate in local
government.

Human Resources
Department
Q1 2024

5.c. Present update to City Council on Tracy Equity
and Empowerment Initiative history and
implementation status.

Human Resources
Department and City
Manager's Office
#23-06 - Discuss Diversity,
Equity, and Inclusion (DEI)
and Tracy Equity and
Empowerment Initiative.

Q2 2024

5.d. Provide Diversity, Equity, and Inclusion (DEI) and unconscious bias training to staff.

Human Resources
Department
Q1 2024

5. Recruit, develop, and
retain a high performing and
inclusive workforce.

ATTACHMENT - B
Multi-Year Priorities
(Goals) Short-Term Priorities (Objectives) Lead Department Council Follow Up Item Est. Completion
of Short-Term
Priorities

1.a. Implement the Citywide Emergency Operations
Plan and provide training to the City Council and
staff.

Police Department Q4 2025

1.b. Continue to provide disaster response support in
coordination with local and county agencies. Ongoing
operational item.

Police Department Ongoing

1.b. Develop a plan to update the City's Emergency
Operations Center (EOC) with contemporary
resources and equipment.

Police Department Q4 2024

1.c. Complete South San Joaquin County Fire
Authority (SSJCFA) Training Tower project.

SSJCFA and
Development
Services Department
Q3 2024

1.d. Secure funding to update the Tracy Police
Department's Mobile Command Vehicle to enhance
emergency response efforts.

Police Department Q4 2024

2.a. Stand up a Real Time Information Center (RTIC)
to reduce crime and provide timely services to better
manage resources and response.

Police Department Q2 20252. Strengthen community
safety through crime
prevention, intervention, and
enforcement activities.

PUBLIC SAFETY
FY 2023-2024 & FY 2024-2025 COUNCIL STRATEGIC PRIORITIES PURPOSE: To enhance community safety by promoting a responsive public safety system that includes civic engagement and partnerships, community involvement, public education, and prevention, intervention, and suppression services that meet the needs of Tracy residents.

1. Support emergency
operations preparedness,
response, and recovery.

ATTACHMENT - B

2.b. Perform an annual evaluation of police staffing
to meet the growing needs of the community.

Police Department #553 - re-evaluate law
enforcement staffing
based on population
size.

Q1 2024

2.c. Reduce fatal injury collisions through
enforcement, education, roadway engineering, and
use of technology.

Police Department
and Development
Services Department
#23-17 - explore
illuminated crosswalks
and other pedestrian
safety measures.

Q4 2024

2.d. Draft and implement a Sideshow Ordinance. Police Department Q4 2023

2.e. Provide best practices officer training related to de-escalation, force response, and unmanned aircraft
systems.

Police Department Q2 2024

3.a. Amend and implement Fireworks Ordinance to
establish fines for discharge of dangerous fireworks
and increase the fines for administrative citations.

Police Department Q3 2023

3.b. Address public blight through partnerships with
Code Enforcement, Familiar Faces Program, and the
Homeless Services Division.

Police Department Ongoing

3.c. Hire parking enforcement staff to address vehicle
abatement issues.

Police Department Q1 2024

4.a. Adopt and implement the Public Safety Master
Plan.

Police Department #23-12 - develop a new
CIP for a Police
Substation.

Q1 2024

4.b. Award contract for the Tracy Multipurpose
Training Facility.

Police Department Q3 2023

4.c. Complete construction of the Police Shooting
Range project.

Police Department Q4 2024

4.d. Include a satellite office of the Tracy Police
Department in the Multi-Generational Recreation
Center.

Police Department
and Parks and
Recreation
Department
Q4 2025

3. Implement initiatives to
reduce blight and nuisances
in the community.

4. Expand public safety
facilities to reflect population
growth and community
demand.

ATTACHMENT - B

4.e. Develop plan for the construction of Fire Stations 94, 97 and 98.

SSJCFA, Finance
Department, and
Development
Services Department
Q1 2024

5.a. Provide accurate and timely information to the
public on TPD activities, response, and crime
prevention strategies.

Police Department Ongoing

5.b. Host at least five (5) annual public safety
community outreach events.

Police Department
and SSJCFA
Q2 2025

5.c. Complete TPD website and announce to the
public. Completed.

Police Department Q3 2023

5.c. Host TPD Citizen's Academy in 2023 and 2024. Police Department Q4 2024

5.d. Engage local youth through the Police Activities
League (PAL) Program.

Police Department Ongoing

5. Continue to build
relationships with
community members to
enhance communication,
collaboration, and trust.

ATTACHMENT - C
Multi-Year Priorities
(Goals) Short-Term Priorities (Objectives) Lead Department Council Follow Up Item Est. Completion
of Short-Term
Priorities

1.a. Support local businesses by streamlining the
process for new businesses to successfully open and
communicate improvements to the public.

Development
Services Department
Q1 2024

1.b. Implement the San Joaquin County Tourism
Grant in collaboration with the Tracy Chamber of
Commerce and Tracy City Center Association (TCCA)
Mobility & Housing
Department
Q4 2023

1.c. Coordinate roundtable discussions with the
Tracy Chamber of Commerce and local industrial
businesses in response to industry needs.

Mobility & Housing
Department
Q4 2023

1.d. Research and evaluate policies to address
vacant commercial and industrial buildings.

Development
Services Department
and Mobility &
Housing Department
#504 and #541 -
research policies and
approaches to address
vacant commercial and
industrial buildings.

Q4 2023 Q1 2024

1.e. Explore opportunities to reinvigorate the mall
property to increase customer traffic, retail options,
and entertainment experiences.

Mobility & Housing
Department
Q2 2024

1.f. Revisit the City's Mobile Food Vendors
Ordinance to expand dining options in the
community.

Development
Services Department
#542 - revisit Mobile
Food Vendors
Ordinance.

Q3 2023 Q1 2024

1.g. Facilitate the development of parklets in
Downtown Tracy.

Mobility & Housing
Department
#23-05 - revisit
downtown parklets.

Q3 2023;
ongoing

ECONOMIC DEVELOPMENT
FY 2023-2024 & FY 2024-2025 COUNCIL STRATEGIC PRIORITIES PURPOSE: To enhance the competitiveness of the City while further developing a strong and diverse economic base.

1. Support business
attraction and retention
activities.

ATTACHMENT - C

1.h. Attend industry trade shows to seek out and
attract highly sought-after businesses to Tracy. This
is a routine operational item.

Mobility & Housing
Department
Annually

1.h. Conduct four business retention visits per year
in partnership with the Tracy Chamber of
Commerce.

Mobility & Housing
Department
Q4 2024

2.a. Continue lobbying efforts at the state and
federal level in support of Valley Link.

Mobility & Housing
Department
Annually

2.b. Draft the proposal for approval by the Federal
Aviation Administration for the funding of a Master
Plan for New Jerusalem Airport.

Mobility & Housing
Department
Q2 2025

2.c. Update the Short-Range Transit Plan to
maximize access and ridership. This effort was
recently completed in the summer of 2023.

Mobility & Housing
Department
Q1 2025

2.c. Promote TRACER On-Demand Bus Services to
increase awareness and ridership.

Mobility & Housing
Department
Q3 2024

3.b. Conduct Downtown Specific Plan stakeholder
and community outreach.

Development
Services Department
Q4 2023

3.c. Draft the Downtown Specific Plan and
Environmental Impact Report (EIR).

Development
Services Department
Q1 2024

4.a. Complete the Economic Development Strategic
Plan and present the results to the City Council.

Mobility & Housing
Department
Q3 2023

4.b. Implement new Customer Relationship
Management software to update the City's retail
and industrial business attraction list. This is an
operational item underway.

Mobility & Housing
Department
Q4 2023

4. Attract businesses and
jobs that meet the needs
and desires of the
community.

3. Advance Downtown
Specific Plan including
provisions for a Transit
Oriented Development (TOD)
Plan.

2. Support policies and
funding to enhance and
expedite the development of
multimodal transportation
systems, including rail,
transit, and airport projects.

3.a. Complete the TOD market and fiscal analysis. Development Services Department
Q4 2023

ATTACHMENT - C

4.b. Develop and implement a marketing campaign
to attract specific businesses and industries to Tracy.

Mobility & Housing
Department
Q1 2024

4.c. Revisit and update the City's Business Incentive
Program.

Mobility & Housing
Department
Q4 2024

4.d. Partner with regional agencies and local
industry to provide workforce training opportunities.

Mobility & Housing
Department
Q4 2024

4.e. Explore opportunities to prepare vacant sites for
medical and healthcare facility development.

Development
Services Department
and Mobility &
Housing Department
#465 - consider
developing a strategic
plan for critical
resources and
infrastructure. #555 and
#23-02 - explore how
the City can bring a
trauma hospital to
Tracy.

Q2 2025

5.a. Address barriers to cannabis businesses and
facilitate the issuance of business permits.

Development
Services Department
#23-07 - address or
eliminate any barriers to
cannabis businesses
opening.

Q3 2023

5.b. Revisit zoning and locational requirements on
commercial cannabis activity in Tracy.

Development
Services Department
#534 - explore
incentives for cannabis
businesses to move to
other locations.

Q3 2023

5.c. Support pilot programs in innovation and
technology.

Mobility & Housing
Department
#498 - conduct
conversation on what P3
could mean for our City.

Q1 2024

5.d. Rezone and complete environmental review for
the Chrisman Road property to attract innovation
and industry tenants.

Development
Services Department
Q1 2024

5. Develop policies to target
new jobs in innovation
industries (e.g. - cannabis,
high-tech, health care,
higher education, logistics
and manufacturing,
manufacturing
, trade/
invocational, green energy).

ATTACHMENT - C

6.a. Conduct City Council workshop on residential
Growth Management Ordinance.

Development
Services Department
#291, #413, and #424 -
discussion on residential
Growth Management
Ordinance.

Q1 2024

6.b. Conduct City Council workshop on General Plan
Land Use and Circulation Elements.

Development
Services Department
#548 - General Plan
update.

Q4 2023

6.c. Pursue zoning ordinance amendments to
increase residential densities.

Development
Services Department
Q2 2024

6.d. Streamline multi-family permitting process by
removing requirements for Conditional Use Permits
and implement Council directed affordable housing
tools.

Development
Services Department
Q4 2024

6.e. Amend Accessory Dwelling Unit (ADU)
ordinance and develop "off the shelf" ADU design
examples.

Development
Services Department
Q4 2023

6.f. Amend parking requirements for multi-family
developments.

Development
Services Department
Q4 2023

6.g. Identify vacant City owned property and
propose for reuse, restoration, or surplus.

Mobility & Housing
Department
Q2 2024

6.h. Assess local food deserts and develop strategies
to attract grocers to underserved areas.

Mobility & Housing
Department
Q3 2024

6. Pursue smart growth
strategies for balanced
growth in the City of Tracy.

ATTACHMENT - D
Multi-Year Priorities
(Goals) Short-Term Priorities (Objectives) Lead Department Council Follow Up Item
Est. Completion
of Short-Term
Priorities

1.a. Conduct a Pavement Management Plan (PMP)
workshop with the City Council. Completed in Q2
2023.

Development Services
Department and Operations
& Utilities Department
#531 - present results
of pavement study and
timeline for
improvements.

Q2 2023

1.a. Secure funding to address local transportation
and roadway needs including street, sidewalk,
bicycle, and pedestrian walkway improvements.

Development Services
Department, Operations &
Utilities Department, Mobility
& Housing Department
Q4 2024

1.b. Complete the Valpico Road and Corral Hollow
Road intersection project.

Development Services
Department
#549 - accelerate the
expansion of Valpico
Road.

Q4 2024

1.c. Update the 2020 Urban Water Management Plan
to align with the Water System Master Plan updates.

Operations & Utilities
Department
Q2 2025

1.d. Update the City's Urban Forest Management
Plan
Parks & Recreation
Department
#550 - update the
Urban Forest
Management plan and
return to Council.

Q3 2023

1.e. Revisit Engineering Design Standards to ensure
design consistencies and enhance aesthetics with
new development.

Development Services
Department and Operations
& Utilities Department
#529 - review
Engineering Design
Standards.

Q4 2024

QUALITY OF LIFE
FY 2023-2024 & FY 2024-2025 COUNCIL STRATEGIC PRIORITIES PURPOSE: 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.

1. Advance green and
roadway infrastructure
projects that improve
connectivity, reduce climate
impacts, and improve the
appearance of the City.

ATTACHMENT - D

1.f. Complete Citywide Infrastructure Master Plans:

Sewer, Storm, Water, Transportation, Parks, Public
Safety, and Public Facilities. (Moved to Quality of Life Goal 7)
Development Services
Department and Operations
& Utilities Department
#394, #395, #421, #440
- update various master
plans.

Q2 2024

1.f. Explore the inclusion of green technologies in
infrastructure solutions (e.g. - roundabouts, traffic
calming, storm drains, traffic signal coordination).

Development Services
Department
#546 - explore what
Smart Cities are doing
to improve traffic flow.

Q1 2025

1.g. Ensure parks, streets, channel ways, and medians
are regularly cleaned and maintained.

Operations & Utilities
Department
#516 and #545 -
actively maintain
streets, sidewalks,
landscaping, and storm
drains.

Ongoing

1.h. Provide timely and regular updates on the Corral
Hollow Road Widening Project.

Development Services
Department
#562 - provide updates
on Corral Hollow Road
Widening Project.

Ongoing

1.i. Analyze conditions of sidewalks and make ADA
improvements within available budget.

Development Services
Department
#551 - improve
conditions of sidewalks
to align with ADA
requirements.

Q1 2025

1.k. Continue to seek grant funding for I-580
Interchange Project and provide status updates on
the project to the public. Ongoing operational item.

Development Services
Department
Ongoing

ATTACHMENT - D

2.a. Complete design and construction bid for the
Multi-Generational Recreation Center.

Parks & Recreation
Department
Q2 2024

2.b. Complete construction of Legacy Fields Phase 1E. Parks & Recreation Department
Q3 2023

2.c. Begin design of Aquatics Center. Parks & Recreation Department
#23-08, #23-13, #23-14
- completion of future
of the Aquatics Center.

Q4 2023

2.d. Begin Design of Tracy Nature Park. Parks & Recreation Department
Q3 2023

2.e. Incorporate opportunities to improve park
amenities in an innovative and inclusion way to align
with the Parks, Recreation, and Trails Master Plan.

Parks & Recreation
Department
Ongoing

3.a. Update and adopt the City's Civic Arts Plan. City Manager's Office #501 - update public arts policy.

Q4 2023

3.b. Explore opportunities to diversify the use of the
Grand Theatre.

City Manager's Office Q3 2024

3.c. Research opportunities to activate City alleyways. City Manager's Office Q4 2024

3.d. Explore opportunities to construct an outdoor
amphitheater or pavilion based on available funding.

Parks & Recreation
Department
Q4 2025

3.e. Continually promote City sponsored and co-
sponsored events on the City website and social
media channels.

City Manager's Office #547 - share
information on City
sponsored and co-
sponsored special
events.

Ongoing

3.f. Implement the poet laureate program within the
Cultural Arts Division. Ongoing operational item.

City Manager's Office Q4 2023

2. Facilitate the completion
of Measure V amenities.

3. Provide Recreation and
Cultural Arts programming
and events that bolster
quality of life.

ATTACHMENT - D

4.a. Facilitate the development of affordable housing
via affordable housing-focused policies, fees, and
initiatives to support Regional Housing Needs
Assessment (RHNA) requirements.

Development Services
Department
#380, #420, #423, #468
- support the
development of
affordable housing in
Tracy.

Q4 2024

4.b. Pursue, encourage, and incentivize nonprofit
affordable housing developers to build in Tracy.

Development Services
Department and Mobility &
Housing Department
#413 and #423 -
discussion on RHNA
and RGA allocation,
explore incentives for
affordable housing
development.

Q4 2024

4.c. Discuss policy to establish affordable housing
component for all future development.

Development Services
Department
#380 - discussion
regarding a citywide
policy to have an
affordable housing
component for any
future developments.

Q3 2024

4.d. Evaluate potential amendments to the Growth
Management Ordinance (GMO) to accommodate
affordable housing development.

Development Services
Department
#424 - discussion on
amending GMO to
support infrastructure
expansion.

Q3 2024

5.b. Connect unsheltered individuals at local
encampments with local and regional emergency and
supportive housing opportunities. This is an ongoing
operational item.

Mobility & Housing
Department
Ongoing

4. Increase local affordable
housing supply.

5. Continue to implement the
Council adopted
Homelessness Strategic Plan.

5.a. Explore opportunities to create permanent
supportive housing through public-private
partnerships.

Mobility & Housing
Department
#468 - seek proposals
from property owners
and operators who are
interested in selling a
property to the City or
a development partner
to develop permanent
supportive housing.

Q2 2024

ATTACHMENT - D

5.b. Complete final site design improvements for
Phase III and Phase IV of the Interim Shelter site.

Mobility & Housing
Department
#496 - consider tiny
homes at interim
shelter site. #23-04 -
open additional rooms
at Interim Shelter site.

Q3 2023

6.a. Form an Environmental Sustainability Committee
and adopt bylaws. This is completed.

Operations & Utilities
Department
Q3 2023

6.a. Update the City's Climate Action plan in
collaboration with residents and the Environmental
Sustainability Comission.

Operations & Utilities
Department
Q1 2025

6.b. Develop an ordinance to address environmental
impacts on warehouse expansion.

Development Services
Department
#23-11 - develop
ordinance to address
environmental impacts
on warehouse
expansion.

Q2 2024

6.d. Offer and promote sustainability programs and
events such as recycling, water conservation, and
composting. This is an ongoing operational item.

Operations & Utilities
Department
Ongoing

6.c. Assess opportunities to reduce the City's carbon
footprint in partnership with the City's residential
power supply provider - East Bay Community Energy.

Operations & Utilities
Department and Mobilty &
Housing Department
#492 - discuss option to
switch to East Bay
Community Energy's
Brilliant 100 program
to reduce carbon
emissions.

Q1 2024

6.d. Support efforts to provide refueling/ recharging
infrastructure for alternative fuel or zero emissions
vehicles.

Development Services Q1 2025

6.e. Ensure surface, groundwater, and recycled water
sources can be maximized for long-term sustainability
to reduce drought vulnerability.

Operations & Utilities
Department
Q1 2024

6. Support climate initiatives
to reduce Tracy's carbon
footprint and preserve its
natural resources.

ATTACHMENT - D

6.h. Update the City's short-range transit plan to
promote the use of public transportation options.

This was recently completed in 2023 and is an
ongoing operational item.

Mobility & Housing
Department
Q1 2025

6.i. Pursue grant opportunities to continue free
TRACER bus rides for students. This is an ongoing
operational item.

Mobility & Housing
Department
Q3 2024

7.a. Evaluate how the City may fund critical resources
without heavy reliance on private development.

Development Services
Department and Finance
Department
#465 - consider
creating and
implementing a critical
resources and
infrastructural strategic
plan.

Q3 2024

7.b. Review annual compliance report for existing
development agreements.

Development Services
Department
Q2 2024

7.c. Revisit development agreement policies to align
with Council Strategic Priorities and vision for the
community.

City Manager's Office and
Development Services
Department
Q4 2024

7.d. Complete Citywide Infrastructure Master Plans:

Sewer, Storm, Water, Transportation, Parks, Public
Safety, and Public Facilities.

Development Services
Department and Operations
& Utilities Department
#394, #395, #421, #440
- update various master
plans.

Q2 2024

7. Develop a strategic plan to
fund critical resources and
infrastructure in the
community.

Last updated on 5/8/2023 12:06 PM

COUNCIL FOLLOW-UP REQUESTS
(Updated 05-02-2023)
Request
or
Council
Meeting
Date
Item
Requested
Under
Action
Requested
Assigned
To
Due
Date Status
291
380
413
420
423
Council
Direction
Vargas/
Arriola
Vargas
/
Arriola
Arr
iola/
Vargas/
Davis
Bedol
la/
Vargas
Davis/
Arriola
Bedol
la/
Vargas
04/3/18
7/28/20
2/2/21
2/2/21
2/2/21
5/4/21
5/18/21
Regular
Counci
l Items
Work
shop
Work
shop
Work
shop
Council
Items
Counci
l Items
Staff to explore and bring back the following: GMO, Fees and zoning.

Agend
ize discussion regarding a citywide policy to have an
affordable housing component for any future developments to apply to have a percentage of affordable
housing.(Inclusionary Housing) To include
recommendations from 2/14/20 Workforce and Affordable
Housing Agenda Item. Such as GMO, Impact Fees, and
Zoning
Bri
ng back discussion about priority areas of development
and see the opportunities of changing or amending those areas, add the TOD to the list of priority projects for RHNA and RGA allocation, see about starting allocation or creating a bank to develop the TOD area on leftover RGA’s or do an amendment to our GMO.

Include incentives for affordable housing.

When
staff brings up opportunities to change the City
system or guidelines, include options to modify the
proportion of reserved RGA’s for allocation
Agenda
item regarding creating and implementing
inclusionary housing in City of Tracy.

Next
affordable housing discussion to include options for
adjustments to city residential development fees. Including to adjust fees on affordable projects and below market rate projects; to set charges on the square footage of a project; CM/DS
Bill
Dean
Bill
Dean
April 2023
Apri
l 2023
Apri
l 2023
Part of Council
Strategic Priorities
Consul
tant scope of
work approved on
June 7, 2022.

Consultant working
with staff to bring
item to Council to
discuss parameters
of inclusionary
zoning.

RHNA priority
discussion to be
brought back to Council
with discussion of
RHNA sites inventory.

Items
below will be
included in discussion.

1. Streamline Multi-
Family Permit
Process by
Removing
Requirements for
Conditional Use
Permits

2. Amend Accessory
Dwelling Unit (ADU)
Ordinance and
Develop “Off-the
Shelf” ADU Example
Designs

3. Amend Parking
Requirements for
Multi-F
amily
Developments

ATTACHMENT E
Council Follow-up Report

Page 2 ends

424

509

Bedolla/
Young

Young/
Vargas

5/18/21

4/19/22

Council Items

Council Items
and to develop or refine best practices overall and if a project changes during the development process.

Next affordable housing or growth management discussion to include amending a portion of the growth management
ordinance to reflect when Council has a discretionary item before them and there is a request to move into the
secondary residential area that a community benefit or
community benefit funds be considered to help with
expansion of roadways, water and sewer infrastructure, fire stations, parks and schools.

Discussion on the Structured Fees for affordable housing projects.

Memo

June 2023

4. Amend Zoning
Ordinance
Development
Standards

309

493

Ransom
/
Vargas

Vargas/
Young
02/05/19

02/01/22
Council Items

Closed
Session
Provide details of all Memorandum of Understandings with non-employee related organizations (not developer) the City has and what is entailed. What is financial commitment, staff time, what are we giving to all various organizations.

Requesting discussion on setting policies to have equitable representation with how MOU’s and JPA are being
negotiated to make sure that the governance of how the
terms and conditions as we move forward. This item was brought forward by Council Member Ransom in Feb 2019
who originally expressed the agency would like better
service to make sure we have equitable representation.

Typically the Council authorizes the Mayor or City Manager to sign an agreement but there is no bringing it back to Council to say this is what we understand.

Brian Feb 1

Jan 2023
Memo sent to Council
in April 2020.

Staff Report
389 Vargas/
Arriola
11/10/20 Council Items Civil Search Program – Community Emergency Response Team. Item to create an adhoc committee to educate
people about disasters.

Fire JPA 2022
Summer
Staff Report – Chris
Martin will provide
status update
394 Vargas/
Arriola
12/01/20 Council Items Create policy to adopt open spaces when it comes to storm drains and parks
DS Spring
2023
Staff Report – Will be
analyzed as part of
Storm Drain Master
Council Follow-up Report

Page 3 ends

Plan update currently
underway. Pending
CEQA Review.

Stor
m Drain Master
Plan tentatively
scheduled for Fall
2022 Council
meeting.
395
529
Vargas/
Arriola
12/01/20 Council Items Policy to adopt water tanks and water towers to have uniformity on how they are built and consistency throughout the entire City.

DS Spring
2023
Staff Report – Will be
analyzed and
reviewed as part of
the Water Master
Plan update currently
underway.

Includ
ed in Draft
Water Master Plan
(MP). Engineering
working on CEQA
now. MP EPA March
2022.

Water
Master Plan
Fall 2022 Council
meeting. Awaiting
Nexus Study.

Young/
Vargas
7/5/22 Council Items Review of Engineering Design Standards DS January Staff Report (Memo?)
421 Vargas/
Bedolla
5/18/21 Council Items Discussion with the Master Plan update on bike and trails regarding waiving any permit fees, insurance for the bike group.

DS Fall 2022 Memo sent to Council
on June 10, 2021.
(Will come with
Transportation
Master Plan
discussion)
440 Vargas/
Bedolla
8/31/21 Council Items Would like to have discussion regarding park maintenance, budget, overall upkeep and how that works. Would like this to be a separate request from master plan and would like taken care of as soon as possible.

FIN Dec 2022 Staff Report
Rela
ted to Master
Plan
Council Follow-up Report

Page 4 ends

460 Arriola/
Bedolla
10/5/21 Council Items Requested to have closed captioning for Channel 26 in the future.

IT March Memo
FY 22-23 Budget
augmentation was
submitted for funding.
464 Vargas/
Arriola
10/19/21 Council Items See if land uses around industrial areas are being designated for truck staging, truck fueling and a discussion about assigning areas for the development of truck stops and truck uses.

DS/ED Spring
2022
Staff Report

Was pulled from 6/7
Agenda. Can take to
CC as info item or go
to PC as info item
and discussion first.

11/17/2022 – Item
went before Planning
Commission (PC) on
8/24/22. PC
Commission
requested additional
info which will be
brought before the
PC in March 2023
after a consultant has
assisted with
analysis.

465 Davis/
Arriola
10/19/21 Council Items A discussion to consider creating and implementing a critical resources and infrastructural strategic plan to look at prioritizing support for public safety, hospitals, libraries and things of that nature. Developers are our community
partners but not necessarily the saving grace for every single infrastructural need we have, and the City should be able to do some of those things without relying on the
development of housing.

M&H Spring
2022
Consider during
Council Goal Setting
468

Bedolla/
Young

Bedolla/
Young
11/2/21

2/1/22

Special
Meeting –
Council Items

Council Item
Requested information to seek proposals from property
owners and operators who are interested in selling a
property to the City or a development partner to develop permanent supportive housing. City Attorney clarified the request was seeking an agenda item to talk about issuing a request for interest to see who is interested.

Regarding Council item #468 about a proposal for
permanent support of housing to see if there are property M&H

TBD Staff Report
Include with updates
on affordable
housing.

Council Follow-up Report

Page 5 ends

496 Bedol
la/
Vargas
2/22/22

owners who are interested in selling to the City or to a development partner. If it gets approved by Council, could one of the respondents to that be the City (city owned land).

From what he read the answer is yes, could tiny homes
count as permanent supportive housing. Is that Council item wide enough to include the City responding if there is opportunities and if it could be tiny homes
.

City to work with those interested in providing aluminum framed tiny homes at the shelter site in time for Fall 2022 opening.

Memo to
Advisory
Committee and
update to Council
regarding tiny homes.
485 Vargas/
Arriola
1/18/22 Council Items Regarding impact fees, discussion about deferred programs for disasters or hardships.

DS Fall 2022 Tied to Master Plan
Memo
489 Vargas/
Young
2/1/22 Council Items Agendize a review of options to regulate groups attempting to influence legislation in the City of Tracy. This covers our employee and how they could be affected by statements
made on social media that are not true and an influence on how people can do their work.

CAO Staff Report
492 Bedolla/
Arriola
2/1/22 Council Items Agendize a discussion for the City’s residential power supplier to the City of Tracy switched to Brilliant 100 program with a grace period for businesses.

Counci
l Member Arriola clarified there are multiple options
the City can do for public properties. Right now we are set at the lowest one that has more renewable energy than
PG&E. There is a higher option that costs a few dollars more and it provides all carbon free energy. It is an option for cities, commercial and residential and confirmed with Council Member Bedolla that was what he wanted
UT/OPS
498 Davis/
Vargas
3/22/22 Council Items Conversation about what P3 could mean for our City. Vanessa & CAO
On hold until vetted
with vendors
Memo
500 Bedolla/
Arriola
3/22/22 Council Items Online tool for residents to see what work is being done on their road and surrounding areas.

IT Developing a GIS
portal – Ongoing
Memo
501 Davis/
Vargas/
3/22/22 Agenda Item

5.B
Public Arts Policy Cultural
Arts/DS
Sept.
2023
In progress
Council Follow-up Report

Page 6 ends

Arriola

504

541

Davis/
Arriola

Davis/
Arriola
3/29/22

10/4/22
Council Items

Council Items
Look into what other cities are doing regarding vacant
commercial buildings specifically what kind of ordinances and policies they have in place. Concerned about Save
Mart, Osh and Rite Aid buildings.

Memo regarding what policies are being used by
neighboring cities regarding empty industrial buildings.

M&H

Sept.
2023
Part of ED Strategic
Plan
512 Young/
Vargas?
5/17/22 Item 3.A Memo with dates and times Council agreed on background check regulations and allowable locations/zoning for
cannabis businesses.

DS April 18
2023
Memo sent to Council
on 2/22/2022
520

516
Bedolla/
Arriola

Davis/
Arriola

6/24/22

6/7/22
Council Items

Council Items
Requested staff look into making the Go Request App
more accessible via website/text/email not just the
mobile app and also transparent on the City’s website
with a search feature.

Discussion regarding decline and appearance of the city and approaching cleanliness. (Comment made by a member of
the public regarding trash on sidewalks, dead grass etc.).

Not only trash but benches and sidewalks.

Karin/
Carissa

PW/Parks
Memo

Connected to Item
500
529 Young/
Vargas
7/5/22 Council Items Review of Engineering Design Standards DS January Staff Report (Memo?)
531 Bedolla/
Vargas
8/2/22 Council Items When Street Re-pavement Study is completed have a townhall meeting to present results and timeline of
repairs to residents outside of a formal Council
meeting.

DS May 2
2023
Public Town Hall
meeting
534 Arriola/
Vargas

9/6/22 Take a second look at incentives for cannabis
applicants to move to another location.

M&H Memo
536 Arriola/
Vargas
9/20/22 Council Items Private memo on a legal assessment of some of the allegations, we heard related to any alleged impropriety about the issuance of cannabis permits by the Planning
Commission.

CAO Memo
538 Bedolla/
Davis
10/4/22 Council Items Look at Council policy to start regular meetings at 6 p.m. and the possibly have a third regular meeting date added in the month.

CCO/
CMO
May go on strategic
priorities retreat
agenda.

Council Follow-up Report

Page 7 ends

542

Davis/
Bedolla

10/18/22 Council Items Revisit Ordinance (TMC 10.08.3193 – Mobile Food Vendors) and work with Gabriela Machuca to modify
that ordinance so we can be more business friendly
with our mobile food truck businesses.

Item also supported by Vargas and Young under Items
from the Audience.

DS June 2023 Staff Report
543

561

562

23-03

Davis/
Arriola

Davis/
Bedolla

Davis/
Bedolla
11/01/22

12/21/22

1/17/23

2/21/23
Council items Update by memo on the timeline for infrastructural improvements for widening of Lammers and the
freeway overpass.

Requested a memo about Prologis’ responsibility to do
the roadway and overpass repairs.

Asked again about Prologis road improvements and
when they are going to be done and also Corral Hollow
widening. Have asked four times and would like an
updated sooner than later.

Asked repeatedly for memo regarding when the Corral
Hollow Road widening in South Tracy from aqueduct to
580 will be completed. Still have not received that
information and also have not received the information
regarding Prologis’s responsibility to construct a
roadway. Council Member Bedolla asked to include
south of Linne.

April 2023 Memo
545 Davis/
Bedolla
11/01/22 Council Items Still getting complaints regarding storm drains being trashy, and overgrown, trees and brushes have been
cut down but has not been properly. City to look into
properly maintaining the storm drains especially in a
residential area.

OPS/PW July 2023 Memo
546 Bedolla/
Arriola
11/01/22 Council Items Comprehensive explanation on street signal timing, what we can do currently and what smart cities are
doing to improve traffic flow.

DS June 2023 Memo
548 Davis/
Vargas
11/15/22 Council Items Update regarding when the General Plan will be coming back to Council.

DS Memo
Council Follow-up Report

Page 8 ends

549 Davis/
Arriola
11/15/22 Council Items Staff to look at how to accelerate the expansion of Valpico Road.

DS
550 Davis/
Vargas
11/15/22 Council Items When will Tracy Urban Forestry Management Plan will be coming back before Council.

OPS June 2023 Staff Report
551 Davis/
Vargas/
Bedolla
11/15/22 Council Items Requested staff to look at a way of taking a proactive approach on analyzing the conditions of our sidewalks
in an effort to be more ADA compliant and friendly.

DS Dec Memo
553 Davis/
Arriola
12/6/22 Council Items Re-evaluate what the City considers fully staffed sworn-in Police officers. There has been a lot of crimes and we need to re-evaluate if we have enough officers on the streets, was told there are only six Police Officers at night and need more. Need to increase Police Force.

CMO Staff Report
(Discussed as part of
budget process)
554 Davis/
Arriola
12/6/22 Council Items A caller mentioned the community prioritized a Library in the past and asked where we are with the Library and an update from the County on what is being done on existing library.

Brian Memo
555
23-02
23-10
Davis/
Vargas
Davi
s/
Bedolla
Davi
s/
Arriola
12/6/22
2/21/2
3 3/7/23
Council Items
Counci
l Items
Counci
l Items
Where are we with a future hospital, is interested in what that looks like, if we are still doing that, who are we talking to about it and if not, can we start the conversation about bringing a trauma ready hospital to the City of Tracy
.

City is growing and needs a trauma ready hospital. Staff to look into how to get a hospital in Tracy.

Reques
ted staff provide a memo regarding Sutter’s plans
with their obligation to build a hospital
H&M May 16 Part of ED Strategic
Plan Update
Workshop
556 Arriola/
Vargas
12/6/22 Council Items Bring back an item to assess the viability of the restructuring of Council and essentially looking at Council districts and the viability of a two versus four-year term for mayoral term and viability of a full time Mayor.

CAO Jan/Feb Staff Report
(RFP in process)
558 Bedolla/
Davis
12/6/22 Council Items Memo informing Council of the impacts to the City should Valley Link decide to start implementing the results from the supplemental EIR. Understanding is a stop at Mountain
House and Tracy would get solely get an operation facility.

DS Schedule Workshop
Council Follow-up Report

Page 9 ends

559 Bedolla/
Davis
Bedol
la/
Evans
Bedol
la/
Arriola
12/21/22
01/30/23
03/21/23
Council Items
Counci
l Items
Counci
l Items
Request that staff bring a resolution on or before the
February 7th meeting to accept the irrevocable offer of dedication of fee interest for 16-acres of community park land for an aquatics park from Ellis Village LLC. To City of Tracy so that the land can be accepted.

Amende
d previous motion and requested item to be moved
to the first meeting before the Case Management
Conference on April 12, 2023.

Amende
d his prior motion in regard to scheduling of the
acceptance of the irrevocable offer of dedication from
Surland Communities for 16 acres of land. Prior motion asked for the proposed acceptance be scheduled for April 4, 2023. Propose the proposed acceptance be moved to a
meeting on or before June 20, 2023
.

DS June 2023
Apr
il 4
Staff Report
23-05 Young/
Davis
2/21/23 Council Items Update on downtown parklets. H&M June 2023 23-06 Young/
Arriola
2/21/23 Council Items Discussion on Diversity, Equity and Inclusion. Look at Implementation Plan and where we go from there so Council is all on the same page.

CMO/HR
Vanessa/
Kimberly
Summer
2023
Staff Report
23-07 Arriola/
Young
3/2/23 Council Items Action item to address or eliminate any barriers to cannabis opening
DS
23-08
23-14
Davis/
Evans
Bedol
la/
Evans/
Davis
3/2/23
4/4/23
Council Items
Item

3.B
Staff to start researching alternative sites on city owned land to locate a community aquatics center and research the use of the P3 model
Incl
ude Legacy Fields as a potential site for the Aquatics
Center
Parks June 20
2023
23-09 Davis/
Evans
3/2/23 Council Items Rescind the resolution authorizing the City Manager to take any directly related and immediate action required by the shelter emergency without giving notice for bids to let contracts pursuant to PCC Section 22050 and TMC section

2.20.270 because there is no longer an emergency
regarding interim housing.

CMO/
H&M
April 18
2023
Council Follow-up Report

Page 10 ends

23-11 Davis/
Arriola
3/2/23 Council Items Requests an ordinance to address environmental sustainability policy to address warehouse expansion, would like a conversation to address particulates.

DS
23-12 Arriola/
Young
4/4/23 Item 3.B A new CIP for a Police substation and increased funding for the Nature Park.
23-13 Young/
Arriola
4/4/23 Item 3.B Specific discussion of the complete future of the Aquatics Center.
23-15 Bedolla/
Young
4/4/23 Council Items Bring back to Council as soon as possible an informational item about a joint use agreement with Tracy Unified School District for the construction and maintenance and use of sports facilities including but not limited to gyms, fields, tracks and outdoor courts.

Parks
23-16 Young/
Evans/
Davis
4/4/23 Council Items Get our census tracking updated and current because right now to show we do not have any disadvantaged
communities is bad for our community because we are not taking advantage of the different opportunities to show we have a need in our community.

Karin/
Carissa
Memo
23-17 Bedolla/
Davis/
Arriola
5/2/23 Council Items Concerning crosswalks safety, that staff look into illuminated crosswalks or work that staff can do to implement those best practices into our crosswalks.

APPROVED AS TO FORM AND LEGALITY
________________________

CITY AT
TORNEY’S OFFICE

TRACY CIT

Y COUNCIL
RESOLUTION NO. _____________

ADOPTING
THE FISCAL YEAR 2023- 2024 AND 2024 -2025 CITY

COUNCIL STRATEGIC PRIORITIES
WHEREAS, in
February 2023, the Tracy City Council held a two-day workshop to discuss the principles of good governance, the City Council’s Code of Conduct and Meeting Protocols and Rules of Procedure, and Strategic Priorities; and WHEREAS, on
June 27, 2023, staff presented the draft FY 2023-2024 and 2024- 2025 Council Strategic Priorities (Strategic Priorities) to the City Council for review and input, attached hereto as Attachments A-D; and
WHEREAS, the Council agreed to prioritize the same four Strategic Priority categories used previously and requested amendments to specific Strategic Priority g oals and objectives, and to condense the Strategic Priorities where possible; and WHEREAS, the four Strategic Priority areas include 1) Economic Development, 2) Governance, 3) Public Safety, and 4) Quality of Life; and WHEREAS, the Strategic Priorities represent the multi-year goals expressed by the City Council together with short-term priorities that will receive time and attention over the next 12 to 24 months; and
WHEREAS, the Strategic Priorities serve as a roadmap for the City Council and staff to focus
on the most pressing projects and initiatives within the City of Tracy over the next two fiscal
years; and
WHEREAS, To ensure each priority area is advanced, goals and objectives are assigned
department leads and estimated completion timeframes; now therefore it be RESOLVED: That the City Council of the City of Tracy hereby adopts the Fiscal Year 2023-2024
and 2024-2025 Strategic Priorities, as set forth in Attachments A-D. * * * * * * *
* * * * * * *
Resolution 2023-

Page 2 ends

The foregoing Resolution 2023-_____ was adopted by the Tracy City Council on the 15th day
of August 2023 by the following vote:

AYES: COUNCIL M
EMBERS:

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
August 15, 2023
Agenda Item 1.O

RECOMMENDATION
Staff recommends that the City Council adopt a Resolution authorizing the purchase of equipment from ABI Attachments, Inc. to maintain and operate Legacy Fields in the amount of $122,000.

EXECUTIVE SUMMARY
Staff recommends the City Council approve the purchase of new field equipment for the Parks and Recreation Department to maintain Legacy Fields. The total for the equipment is expected to be $122,000, with purchasing through the sole vendor who submitted a bid in response to the City’s Notice of Inviting Bids for infield / turf machinery. This purchase is essential to ensure Legacy Fields is maintained as a premier sports venue for local league use and tournament play.

BACKGROUND AND LEGISLATIVE HISTORY
The Parks and Recreation Department is responsible for the maintenance of all City parks and sports complexes. In 2022, the City Council, through Resolution 2022-150, approved the update to the Citywide Parks, Recreation, and Trails Master Plan (Master Plan). The Master Plan is intended to serve as a roadmap to help gu ide staff. The Master Plan identified improving and maintaining existing parks as the t op priority f or residents. In addition, athletic fields w ere identified as one of the most utilized amenities within the park syst em, requiring additional care and maintenance. Construction of Legacy Fields Phase 1E is expected to be complete by October 2023. By procuring the necessary equipment to maintain Legacy Fields, the City will be t
aking a proactive approach ensuring staff have the resources needed to preserve the integrity of the facility.

At the
April 18, 2023, regular City Council meeting, through Resolution 2023-067, the City Council approved one-time funding in the amount of $600,000 from Measure V (Fund 107) for the purchase of equipment to maintain and operate Legacy Fields. Subsequently, the City Council approved through Resolution 2023-091 and 2023-124, the purchase of eight (8) pieces of equipment for a total amount of $436,300. $163,700 remain in the original approved amount and staff is requesting the City Council authorize the use of $122,000 of the remaining funds for the
equipment.

ANALYSIS
Pursuant to the Tracy Municipal Code, 2.20.180, a Notice Inviting Bids for infield / turf machinery (Notice) was published on June 13, 2023. The bid specifications identified the item the City needs to purchase to ensure Legacy Fields has the necessary equipment to maintain the
facility as a premier sports venue. One bid was received by the expiration of the Notice submittal
period.

Staff recommends ABI Attachments, Inc. be awarded for the purchase of the respective equipment:

Agenda Item 1.O
August 15, 2023

Page 2 ends

Vendor Equipment Price Qty Description
ABI
Attachments,
Inc.

ABI Force Zero Turn $61,000 2 Infield and turf grooming machinery
ESTIMATED TOTAL $122,000

FISCAL IMPACT
At the
April 18, 2023, regular City Council meeting, the Council approved, through Resolution 2023-067, one-time funding in the amount of $600,000 from Measure V (Fund 107) for Fiscal Year, 2022-2023. Subsequently, the City Council approved through Resolution 2023-091 and 2023-124, the purchase of eight (8) pieces of equipment for a total amount of $436,300, leaving an available balance of $163,700. If the purchase with ABI Attachments, Inc. is approved, there will be approximately $41,700 remaining.

PUBLIC OUTREACH/ INTEREST
N/A

COORDINATION
The Parks
and Recreation Department coordinated with Finance and Utilities & Operations (Fleet Division).

CEQA DETERMINATION
Potential
impacts of the construction and operation of Legacy Fields was reviewed pursuant to the California Environmental Quality Act (CEQA). The City Council certified, through Resolution 2010-107, the Environmental Impact Report which followed CEQA and the State CEQA guidelines. This equipment is to maintain the park as was original reviewed under CEQA and additional review under CEQA is not needed.

STRATEGIC PLAN
This agenda ite
m is consistent with the City Council’s adopted Quality of Life strategies.

ACTION REQUESTED OF THE CITY COUNCIL
Staff
recommends that the City Council adopt a Resolution authorizing the purchase of equipment from ABI Attachments, Inc. to maintain and operate Legacy Fields in the amount of $122,000.

Agenda Item 1.O
August 15, 2023

Page 3 ends

Prepared by
: Nilo Velazquez, Management Analyst II
Todd Rocha, Public Works Superintendent
Reviewed
by: Jolene Jauregui-Correll, Recreation Services Manager Sara Cowell, Director of Finance
Bijal Patel, City Attorney
Brian MacDonald, Interim Assistant City Manager
Approved by: Midor
i Lichtwardt, Interim City Manager
Attachments:

Attachment A: ABI Attachments, Inc. Quote – ABI Force Zero Turn Attachment A
Attachment A

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

CY CITY COUNCIL
RES
OLUTION NO. _______________
AUT

HORIZING THE PURCHASE OF EQUIPMENT FROM ABI ATTACHMENTS, INC. TO MAINTAIN AND OPERATE LEGACY FIELDS IN THE AMOUNT OF $122,000
WHER
EAS, At the April 18, 2023, regular City Council meeting, the Council approved one-time funding in the amount of $600,000 from Measure V (Fund 107) for the purchase of equipment to maintain and operate Legacy Fields; and
WHER
EAS, The Construction of Legacy Fields Phase 1E is expected to be complete in the Summer of 2023; and
WHER
EAS, C ertain equipment, including the equipment listed in the table below (Equipment), is necessary to maintain Legacy Fields as a premier sports venue and will perform a specific function. The Equipment may be deployed to other parks as a back -up equipment, if needed. The City seeks to take a proactive approach to ensure City staff have th e resources needed to preserve the integrity of the facility by procuring the Equipment now, as utilization is expected to increase facility wide; and
WHER
EAS, Pursuant to Tracy Municipal Code, section 2.20.180, a Notice Inviting Bids for infield / turf machinery was published and issued on June 13, 2023. The bid specifications identified the equipment that the City intended to purchase; and WHER
EAS, One (1) bid was received by the expiration of the Notice submittal period; and WHER
EAS, As set forth in the table below, t he estimated cost for the Equipment is $122,000 and the City seeks to purchase said Equipment from ABI Attachments, Inc.

Vendor Equipment Price Qty Description
ABI Attachments,
Inc.

ABI Force Zero
Turn
$61,000 2 Infield and turf machinery
ESTIMATED TOTAL $122,000
NOW,
THEREFORE, be it resolved as follows:

RESOL
VED: That the above recitals are true and correct; and be it further RESOL
VED: That the City Council of the City of Tracy approves the purchase of the Equipment from ABI Attachments, Inc. at the estimated price of $122,000; and be it further RESOLVED: Potential impacts of the construction and operation of Legacy Fields was
reviewed pursuant to the California Environmental Quality Act (CEQA). The City Council certified, through Resolution 2010-107, the Environmental Impact Report which followed CEQA and the
State CEQA guidelines. This equipment is to maintain the park as was original review
ed under CEQA and additional review under CEQA is not needed. * * * * * * * * * * * *
* *
The foregoing Resolution 2023-_____ was adopted by the Tracy City Council on August 15, 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
Resolution 2023-

Page 2 ends

August 15, 2023
Agenda Item 1.P

RECOMMENDATION
Staf
f recommends that City Council adopt a resolution approving the Offsite Improvement Agreement between the City and Lennar Homes of California, LLC, for public improvements required as part of the Conditions of Approval, for the Tracy Hills Phase 2 Zone 5 Water Main Improvements.

EXECUTIVE SUMMARY
This
item involves the approval of the Offsite Improvement Agreement (OIA) for the Tracy Hills Phase 2 Zone 5 Water Main Improvements which will allow Lennar Homes of California, LLC (Developer) to proceed with the construction of a portion of the Zone 5 potable water system infrastructure improvements necessary to provide water service initially to the Tracy Hills Phase 2A development and ultimately to future phases of development within the Tracy Hills Specific Plan Area.

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

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

The subj
ect Phase 2 Zone 5 Water Main Improvements will construct the portion of the Zone 5 water transmission main located within the Tracy Hills Phase 2 development, generally extending between the I-580 Freeway and the Tracy Hills Zone 5/6 water tanks. Offsite Improvement Agreements for other portions of the Zone 5 water transmission main and for the Zone 5/6 water tanks have previously been approved by the City Council.

The Pro
ject will be partly located within public street rights-of-way and other parcels to be dedicated by Developer to City on the various Final Maps comprising the Tracy Hills Phase 2A development and partly within an Access and Water Line Easement to be dedicated by Developer to City across future phases of the Tracy Hills development.

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

Agenda Item 1.P
August 15, 2023

Page 2 ends

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

ISCAL IMPACT
There will be no fiscal impact associated with this action. Developer will pay for the cost of plan checking, engineering inspection and processing of the OIA. There are no fee credits associated with the OIA.

PUBLIC OUTREACH / INTEREST
All public outreach for the Tracy Hills Phase 2 development (notifications, public hearings, etc.) was conducted f or the Planning Commission and City Council hearings that were held in October 2021 to consider the General Plan Amendment, Specific Plan Amendment and Vesting Tentative Subdivision Map for the overall project. Additional public outreach specifically for Offsite Improvement Agreement for the Tracy Hills Phase 2 Zone 5 Water Main Improvements is not required.

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

CEQA

DETERMINATION
An Environmental Impact Report (EIR) for the Tracy Hills Specific Plan was certified by the City Council on April 5, 2016. The Tracy Hills Phase 2 Zone 5 Water Main Improvements are within t
he scope of the development evaluated by the existing EIR and therefore no further environmental review is required for the project under CEQA.

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

ACTION REQUESTED OF THE CITY COUNCIL
That City Council, by resolution, appro ve the Offsite Improvement Agreement between the City and Lennar Homes of California, LLC, for public improvements required as part of the Conditions of Approval, for the Tracy Hills Phase 2 Zone 5 Water Main Improvements.

Prepared by: Al Gali, Associate Engineer
Reviewed by: Koosun Kim, PE, City Engineer / Assistant Director of Development Services Sara
Cowell, Finance Director
Bijal M. Patel, City Attorney
Karin Schnaider, Assistant City Manager
Agenda Item 1.P
August 15, 2023

Page 3 ends

Approved by: Midori Lichtwardt, Interim City Manager

ATTACHMENTS
Attachment A – Location Map Tracy Hills Phase 2 Zone 5 Water Main Attachment B – Offsite Improvement Agreement Tracy Hills Phase 2 Zone 5 Water Main Attachment A
Project Location Map

CITY OF TRACY

OFF-SITE IMPROVEMENT AGREEMENT FOR
TRACY HILLS PHASE 2 ZONE 5 WATER MAIN IMPROVEMENTS
This OFF-SITE IMPROVEMENT AGREEMENT (“Agreement”) is made and entered into by and between the CITY OF TRACY a municipal corporation (“City”), and LENNAR HOMES OF CALIFORNIA, LLC, a California limited liability company (“Developer”).

Recitals
A. Developer is the party responsible for the construction of the public water line improvements known as the Tracy Hills Phase 2 Zone 5 Water Main Improvements that are to be constructed within the Tracy Hills Phase 2 development, generally extending between the I-580 Freeway and the Tracy Hills Zone 5/6 water tanks, as more particularly depicted in Exhibit “A” attached hereto and incorporated herein by reference (hereinafter “Project”).

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

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

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

E. The Proj
ect will be partly located within public street rights-of-way and other parcels to be dedicated by Developer to City on the various Final Maps comprising the Tracy Hills Phase 2A development and partly within an Access and Water Line Easement to be dedicated by Developer to City across future phases of the Tracy Hills development.

F. The Proj
ect is more specifically described in those certain Improvement Plans and Specifications submitted by Developer and approved by the City Engineer consisting of nineteen (19) sheets of improvement plans titled “Phase 2 Zone 5 DocuSign Envelope ID: 9823FE51-48B6-4652-984C-BFE57C11D13D Attachment B
City of Tracy – Off-Site Improvement Agreement
Tracy Hills Phase 2 Zone 5 Water Main Improvements

Page 2 of 9 ends

Water Main Improvement Plans, Tracy Hills Phase 2A”, Sheets C-0.01 through C-

3.15, prepared by Ruggeri-Jensen-Azar (the “Work”). The Plans and Specifications comprising the Work are on file with the City Engineer under Tracking No. ENG21- 0032 and incorporated herein by reference.

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

H. NOW THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS:

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

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

2. Time of Performance. Time is of the essence in the performance of the Work, and the timing requirements set forth here shall be strictly adhered to unless otherwise modified in writing in accordance with this Agreement. Work shall begin within 60 days after the Effective Date of this Agreement, in compliance with the requirements in Section 2.1. Developer shall submit all requests for extensions of time to the City, in writing, no later than ten (10) days after the start of the condition that purportedly caused the delay, and not later than the date on which performance is due.

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

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

2.3. Completion of Work. Developer shall complete all Work by no later than 365 days after Developer’s submittal of its notice of commencement of Work pursuant to Section 2.1 above. If the Work is not completed by this date, City Engineer may grant an extension of time if (a) Developer submits a written DocuSign Envelope ID: 9823FE51-48B6-4652-984C-BFE57C11D13D City of Tracy – Off-Site Improvement Agreement
Tracy Hills Phase 2 Zone 5 Water Main Improvements

Page 3 of 9 ends

request for extension at least ten (10) days prior to expiring date of completion, (b) the City Engineer determines that Work is progressing satisfactorily and an extension is warranted, and (c) Developer pays all processing fees for such time extension.

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

3.1. Faithful Performance s
ecurity in the amount of $1,135,112.00 to secure
faithful performance of this Agreement (until the date on which the City Council accepts the Work as complete) under Government Code sections 66499.1, 66499.4, and 66499.9.

3.2. L abor and M
aterial security in the amount of $ of $1,135,112.00 to secure payment by Developer to laborers and materialmen under Government Code sections 66499.2, 66499.3, and 66499.4.

3.3. Warranty sec
urity in the amount of $113,511.00 to guarantee improvements against any defective work or labor done or defective materials used in performance of Work for one year from the date on which the City Council accepts the Work as complete, under Government Code sections 66499.1, 66499.4, and 66499.9.

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

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

DocuSign Envelope ID: 9823FE51-48B6-4652-984C-BFE57C11D13D City of Tracy – Off-Site Improvement Agreement
Tracy Hills Phase 2 Zone 5 Water Main Improvements

Page 4 of 9 ends

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

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

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

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

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

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

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

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

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

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

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

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5.8. Authorized Insurers. All insurance companies providing coverage to Developer shall be insurance organizations authorized by the Insurance Commissioner of the State of California to transact the business of insurance in the State of California, with an AM Best rating of at least A-:VII.

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

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

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

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

7. Default.

7.1. Notice. If Developer is in default of this Agreement, as defined in Section 7.2, the City Engineer shall provide written notice to Developer and Developer’s surety (if any) describing the default.

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

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

7.2.2. Developer abandons the Project site.

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

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

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

7.3. If Developer fails to cure the default within thirty (30) calendar days, or provide adequate written assurance to the satisfaction of the City Engineer that the cure will be promptly started and diligently prosecuted to its completion, the City may, in the discretion of the City Engineer, take any or all of the following actions:

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

7.3.2. Demand Developer complete performance of the Work.

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

7.3.4. Commence a legal action to enforce the terms of this Agreement.

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

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

10. Inspection by the City; Inspection Fees and Fee Credits. In order to permit the City to inspect the Work, Developer shall, at all times, provide to the City proper and safe access to the Project site, and all portions of the Work, and to all shops where portions of the Work are in preparation.

Concurrently with Developer’s execution of this Agreement and before the beginning of any Work, Developer shall pay the City Inspection Fees in the amount of 3.5% of the estimated Project costs (as approved by the City Engineer). If the City requires an independent inspection, Developer shall pay all such costs and provide a report directly to the City.

Developer shall be entitled to fee credits consistent with Section 3.3 of that certain Development Agreement by and between the City of Tracy and the Tracy Hills Project Owner, LLC, and Tracy Phase I, LLC, adopted by City of Tracy Ordinance No. 1213 and recorded in the Official Records of San Joaquin County on June 9, 2016, as Document Number 2016-066658, as may be amended from time to time (the “DA”), and as provided in greater detail in the Finance and Implementation Plan for the Project pursuant to the DA and Tracy Municipal Code Section 10.20.060(b)(3), as may be amended from time to time.

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

12. Acceptance of Work. Before the City Council’s acceptance of the Work, Developer is solely responsible for maintaining the quality of the Work and maintaining DocuSign Envelope ID: 9823FE51-48B6-4652-984C-BFE57C11D13D City of Tracy – Off-Site Improvement Agreement
Tracy Hills Phase 2 Zone 5 Water Main Improvements

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safety at the Project site. Developer’s obligation to perform the Work is not satisfied until after the City Engineer has made a written determination that all obligations of the Agreement have been satisfied, all outstanding fees and charges have been paid, and the City Council has accepted the Work as complete.

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

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

To City: To Developer:

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

City Attorney
333 Civic Center Plaza
Tracy, CA 95376
Attn: City Engineer
[email protected]
AG Essential Housing CA 1, LP
c/o AGWIP Asset Management LLC
8585 E. Hartford Drive, Suite 118
Scottsdale, AZ 85255
Attn: Steven S. Benson, Manager
[email protected]
Communications shall be deemed to have been given and received on the first to occur of: (1) actual receipt at the email address designated above, or (2) two working days following the deposit in the United States Mail of registered or certified mail, sent to the address designated above.

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

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

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

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

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

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

21. Enti
re Agreement; Severability. The recitals and all defined terms in this Agreement are part of this Agreement. This Agreement, including all documents incorporated by reference, comprises the entire integrated understanding between the parties concerning the improvements to be constructed pursuant to this Agreement.

This Agreement supersedes all prior negotiations, representations, or agreements. The following Exhibits attached hereto are incorporated into this Agreement and made a part hereof by this reference:

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

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

This Agreement shall inure to the benefit of and be binding upon the parties and their successors and assigns.
[SIG
NATURES ON NEXT PAGE]
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The parties hereby agree to the full performance of the terms set forth herein.

City of Tracy

_______________________________
Nancy D. Young, Mayor

Date: _____________

Approved by City Council on ________
by Resolution No. _________.

Attest:

____________________________________
Adrianne Richardson, City Clerk

Approved As To Form:

____________________________________
Bijal M. Patel, City Attorney
Developer

LENNAR HOMES OF CALIFORNIA, LLC
a California limited liability company

_______________________________
By: Bridgit Koller
Title: Vice President

Date: _____________

Federal Employer Tax ID No. ___________

DocuSign Envelope ID: 9823FE51-48B6-4652-984C-BFE57C11D13D 5/9/2023
93-1223261
City of Tracy – Off-Site Improvement Agreement
Tracy Hills Phase 2 Zone 5 Water Main Improvements

EXHIBIT “A”

PROJECT LOCATION

DocuSign Envelope ID: 9823FE51-48B6-4652-984C-BFE57C11D13D Exhibit 1

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

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

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

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

A. Definitions; Abbreviations.

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

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

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

2. “Development Services Director” means the Development Services Director of the City of Tracy, or any other person designated by the City Manager or the Development Services Director, to perform the duties set forth here. (The Development Services Director is also referred to in the Tracy Municipal Code as the Development and Engineering Services Director.)

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

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

City of Tracy - Off-Site Improvement Agreement
Tracy Hills Phase 2 Zone 5 Water Main Improvements
EXHIBIT "B"
Conditions of Approval
DocuSign Envelope ID: 9823FE51-48B6-4652-984C-BFE57C11D13D Conditions of Approval
Tracy Hills Phase 2 – Vesting Tentative Subdivision Map Application Number TSM20-0003
October 19, 2021

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

The following abbreviations may be used in these Conditions:

EIR Environmental Impact Report
DIA Deferred Improvement
Agreement
OIA Offsite Improvement Agreement
PI&RA Park Improvement and
Reimbursement Agreement
PUE Public Utility Easement
TMC Tracy Municipal Code

B. Planning Division Conditions of Approval

1. Compliance with laws. The Subdivider shall comply with all laws (federal, state, and local) related to the development of real property within the Project boundaries, including, but not limited to: the Planning and Zoning Law (Government Code sections 65000, et seq.), the Subdivision Map Act (Government Code sections 66410, et seq.), the California Environmental Quality Act (Public Resources Code sections 21000, et seq., “CEQA”), and the Guidelines for the California Environmental Quality Act (California Administrative Code, title 14, sections 15000, et seq., “CEQA Guidelines”).

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

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

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

DocuSign Envelope ID: 9823FE51-48B6-4652-984C-BFE57C11D13D Conditions of Approval
Tracy Hills Phase 2 – Vesting Tentative Subdivision Map Application Number TSM20-0003
October 19, 2021

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

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

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

Or
b. HOA and dormant CFD. If the HOA is the chosen funding mechanism, the Subdivider must do the following:
(1) Form a Homeowner's Association (HOA) or other maintenance association, with CC&Rs reasonably acceptable to the City, to assume the obligation for the on-going costs of operation, maintenance and replacement for the traffic signals, streetlights, and street sweeping on the Property (including all costs required by PG&E);
(2) Cause the HOA to enter into an agreement with the City, in a form to be approved by the City and to be recorded against the Property prior to the final inspection or occupancy of the first dwelling (except for up to fifteen model homes), setting forth, among other things, the DocuSign Envelope ID: 9823FE51-48B6-4652-984C-BFE57C11D13D Conditions of Approval
Tracy Hills Phase 2 – Vesting Tentative Subdivision Map Application Number TSM20-0003
October 19, 2021

required maintenance obligations, the standards of maintenance, and all other associated obligation(s) to ensure the long-term operation, maintenance and replacement by the HOA for the traffic signals, streetlights, and street sweeping on the Property;

(3) Before final inspection or occupancy of the first dwelling (except for up to fifteen model homes), annex into a CFD in a "dormant" capacity, to be triggered if the HOA fails (as determined by the City in its sole and exclusive discretion) to perform the required level of operation, maintenance and replacement for the traffic signals, streetlights, and street sweeping on the Property. The dormant tax or assessment shall be disclosed to all homebuyers and non-residential property owners, even during the dormant period.

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

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

8. Police/Public Safety & Public Works

Before approval of the first Final Map or issuance of any building permit for the Property (except for up to fifteen (15) model homes), Subdivider shall provide for perpetual funding of the on-going costs of providing Police and public safety and Public Works services for the Property, by doing one of the following, subject to the approval of the City’s Finance Director:

a. Community Facilities District. Subdivider shall enter into an agreement with the City, to be signed by the Finance Director, which shall be recorded against the Property, which requires that prior to the issuance of a certificate of occupancy for a residential dwelling unit, Subdivider shall complete the annexation of the Property to City of Tracy Community Facilities District in compliance with the requirements of the Mello – Roos Community Facilities Act of 1982 (Gov. Code § 53311 et seq.) including, without limitation, affirmative votes, and the recordation of a Notice of DocuSign Envelope ID: 9823FE51-48B6-4652-984C-BFE57C11D13D Conditions of Approval
Tracy Hills Phase 2 – Vesting Tentative Subdivision Map Application Number TSM20-0003
October 19, 2021

Special Tax Lien. Subdivider shall be responsible for all costs associated with the CFD proceedings.

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

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

9. Landscaping Maintenance

Before approval of the first Final Map or issuance of any building permit for the Property (except for up to fifteen (15) model homes), Subdivider shall provide for perpetual funding of the on-going costs of maintenance and replacement for public landscaping for the Property (but shall exclude the community park), by doing one or more of the following, subject to the approval of the City’s Finance Director:

a. CFD or other funding mechanism. The Subdivider shall enter into an agreement with the City, which shall be recorded against the Property, which stipulates the following: (1) prior to issuance of a building permit, the Subdivider shall form a Community Facilities District (CFD) for funding the on-going maintenance costs related to maintenance, operation, repair and replacement of public landscaping, public walls and any public amenities included in the Project, and ongoing public landscaping maintenance costs associated with major program roadways identified in the Citywide Roadway and Transportation Master Plan; (2) the items to be maintained include but are not limited to the following: ground cover, turf, shrubs, trees, irrigation systems, drainage and electrical systems; masonry walls or other fencing, entryway monuments. or other ornamental structures, furniture, recreation equipment, hardscape and any associated appurtenances within medians, parkways, dedicated easements, channel-ways, public parks and public open space areas; (3) formation of the CFD shall include, but not be limited to, affirmative votes and the recordation of a Notice of Special Tax Lien; (4) upon successful formation, the parcels will be subject to the maximum special tax rates as outlined in the Rate and Method of Apportionment; (5) prior to issuance of a building permit, the Subdivider shall deposit an amount equal to the first year's taxes; and (6) the Subdivider shall be responsible for all costs DocuSign Envelope ID: 9823FE51-48B6-4652-984C-BFE57C11D13D Conditions of Approval
Tracy Hills Phase 2 – Vesting Tentative Subdivision Map Application Number TSM20-0003
October 19, 2021

associated with formation of the CFD.

b. HOA and dormant CFD. If the HOA is the chosen funding mechanism, the Subdivider must do the following:

(1) Form a Homeowner's Association (HOA) or other maintenance association, with CC&Rs reasonably acceptable to the City, to assume the obligation for the on-going maintenance of all public landscaping areas within the entire tentative subdivision map area;

(2) Cause the HOA to enter into an agreement with the City, in a form to be approved by the City and to be recorded against the Property prior to the final inspection or occupancy of the first dwelling (except for up to fifteen model homes), setting forth, among other things, the required maintenance obligations, the standards of maintenance, and all other associated obligation(s) to ensure the long-term maintenance by the HOA of all public landscape areas within the entire tentative subdivision map area;

(3) For each Final Map, make and submit to the City, in a form reasonably acceptable to the City, an irrevocable offer of dedication of all public landscape areas within the Final Map area;

(4) Before final inspection or occupancy of the first dwelling (except for up to fifteen model homes), annex into a CFD in a "dormant" capacity, to be triggered if the HOA fails (as determined by the City in its sole and exclusive discretion) to perform the required level of public landscape maintenance. The dormant tax or assessment shall be disclosed to all homebuyers and non-residential property owners, even during the dormant period.

c. Direct funding. The Subdivider shall enter into an agreement with the City, which shall be recorded against the Property, which stipulates that prior to issuance of a building permit, the Subdivider shall deposit with the City an amount necessary, as reasonably determined by the City, to fund in perpetuity the full on-going maintenance costs related to maintenance, operation, repair and replacement of public landscaping, public walls and any public amenities included in the Project, and ongoing public landscaping maintenance costs associated with major program roadways identified in the Citywide Roadway and Transportation Master Plan. The items to be maintained include but are not limited to the following: ground cover, turf, shrubs, trees, irrigation systems, drainage and electrical systems, masonry walls or other fencing, entryway monuments or other ornamental structures, furniture, recreation equipment, hardscape and DocuSign Envelope ID: 9823FE51-48B6-4652-984C-BFE57C11D13D Conditions of Approval
Tracy Hills Phase 2 – Vesting Tentative Subdivision Map Application Number TSM20-0003
October 19, 2021

any associated appurtenances within medians, parkways, dedicated easements, channel-ways, public parks and public open space areas.

10. Neighborhood Parks. Before approval of the first Final Map, the Subdivider shall enter into an agreement with the City, which shall be recorded against the property, which stipulates the following:

a. Prior to the issuance of the 125th building permit that allows construction of a dwelling, not including plumbing only permits, the developer shall commence construction of the first neighborhood park. If the construction of the first neighborhood park has not commenced by the issuance of 125th building permit, no further building permits shall be issued until the first neighborhood park construction is commenced;

b. Prior to the issuance of the 500th building permit that allows construction of a dwelling, not including plumbing only permits, the developer shall commence construction of the second neighborhood park. If the construction of the second neighborhood park has not commenced by the issuance of 500th building permit, no further building permits shall be issued until the second neighborhood park construction is commenced;

c. Prior to the issuance of the 976th building permit that allows construction of a dwelling, not including plumbing only permits, the developer shall commence construction of the third neighborhood park. If the construction of the third neighborhood park has not commenced by the issuance of 976th building permit, no further building permits shall be issued until the third neighborhood park construction is commenced; and

d. Prior to the issuance of the 1,226th building permit that allows construction of a dwelling, not including plumbing only permits, the developer shall commence construction of the fourth neighborhood park. If the construction of the fourth neighborhood park has not commenced by the issuance of 1,226th building permit, no further building permits shall be issued until the fourth neighborhood park construction is commenced.

C. Engineering Division Conditions of Approval

1. General Conditions
C.1.1 Subdivider shall comply with the applicable requirements of the approved documents, technical analyses/reports prepared for the Project listed as follows:
a) Tracy Hills Specific Plan approved by City Council by Resolution No. 2016-063, dated April 5, 2016, and any amendments thereto. b) Amendment to the Tracy Hills Specific Plan for Phase 2, approved by the City Council by Resolution No. 2021-_____ on ________, 2021, including the Transportation Consistency Analysis prepared for the Amendment by Kimley-Horn and Associates, dated
DocuSign Envelope ID: 9823FE51-48B6-4652-984C-BFE57C11D13D Conditions of Approval
Tracy Hills Phase 2 – Vesting Tentative Subdivision Map Application Number TSM20-0003
October 19, 2021

September 23, 2021, and any updates or amendments thereto (“Specific Plan Amendment” or “SPA”).
c) Tracy Hills Specific Plan Final Subsequent Environmental Impact Report, dated January 2016, certified by City Council by Resolution No. 2016-062 on April 5, 2016, and the Addendum to the Tracy Hills Specific Plan EIR, prepared by Kimley-Horn and Associates, dated September 2021, including all mitigation measures incorporated therein (hereinafter referred to together as “EIR”).
d) Tracy Hills Phase 2 Traffic Study, prepared by Kimley-Horn and Associates, dated September 30, 2021, and any updates or amendments thereto (“Traffic Study”).
e) City of Tracy Citywide Roadway and Transportation Master Plan, prepared by RBF Consulting, dated November 2012 (“TMP”) f) Tracy Hills Phase 2 VTM Drainage Analysis prepared by Ruggeri- Jensen-Azar, dated December 17, 2020, and the review of said analysis contained in the Technical Memorandum prepared by Wood Rodgers, dated April 26, 2021 (draft), and any updates or amendments to either document (“Storm Drainage Study”). g) Tracy Hills Storm Drainage Master Plan prepared by Ruggeri- Jensen-Azar, dated November 2013 (“Storm Drainage Master Plan”), as reviewed by Storm Water Consulting, Inc and Stantec Consulting Services, Inc.
h) Tracy Hills Phase 2 Sanitary Sewer Study Technical Memorandum prepared by Black Water Consulting Engineers, dated October 1, 2021, and any updates or amendments thereto (“Sanitary Sewer Study”).
i) Peer Review and Hydraulic Evaluation for Tracy Hills Phase 2, 3, and 4 prepared by West Yost, dated July 13, 2021, and any updates or amendments thereto (“Water Study”).
j) Pipeline Safety Hazard Assessment, Tracy Hills Specific Plan prepared by Place Works, dated September 2014.
k) Any Finance Implementation Plan (“FIP”), as described in Section

10.20.060(b)(3)(B) of the Tracy Municipal Code, that is approved by the City Council for the property described in the Tracy Hills Phase 2 Vesting Tentative Subdivision Map, Application No. TSM20-0003. l) Development Agreement, executed between the City of Tracy and the developers of the Tracy Hills Project, approved by the City Council on April 5, 2016, by Ordinance No. 1213, and the First Amendment to the Development Agreement, approved by the City DocuSign Envelope ID: 9823FE51-48B6-4652-984C-BFE57C11D13D Conditions of Approval
Tracy Hills Phase 2 – Vesting Tentative Subdivision Map Application Number TSM20-0003
October 19, 2021

Council on November 10, 2020, by Ordinance No. 1300
(“Development Agreement”).
m) Settlement Agreement, executed between the City of Tracy and the developers of the Tracy Hills Project, having an effective date of December 17, 2019 (“Settlement Agreement”).
n) Agreement to Defer Payment of Development Impact Fees on New Residential Development, executed between the City of Tracy and the developers of the Tracy Hills Project, dated November 15, 2016 (“Fee Deferral Agreement”).

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

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

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

C.2 Improvement Plans

C.2.1 General

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

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

DocuSign Envelope ID: 9823FE51-48B6-4652-984C-BFE57C11D13D Conditions of Approval
Tracy Hills Phase 2 – Vesting Tentative Subdivision Map Application Number TSM20-0003
October 19, 2021

C.2.2 Site Grading

C.2.2.1 Grading and Drainage Plans

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

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

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

C.2.2.4 Erosion Control

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

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

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

DocuSign Envelope ID: 9823FE51-48B6-4652-984C-BFE57C11D13D Conditions of Approval
Tracy Hills Phase 2 – Vesting Tentative Subdivision Map Application Number TSM20-0003
October 19, 2021

C.2.4 Storm Drainage
C.2.4.1 Site grading shall be designed such that the Project’s storm drainage overland release point will be directed to a storm drainage easement or to public streets with a functional storm drainage system and that the storm drainage system within the public streets has adequate capacity to drain storm water from the Property.

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

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

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

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

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

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

DocuSign Envelope ID: 9823FE51-48B6-4652-984C-BFE57C11D13D Conditions of Approval
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October 19, 2021

SWPPP's shall be implemented during project construction.

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

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

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

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

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

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

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

C.2.5.2 As indicated in the Sewer Study, based on the projected sewer demand from approved projects within the Coral
Hollow sewer contributory area, the Phase 2 of the Choke Points Improvements for Corral Hollow Road Sewer as
DocuSign Envelope ID: 9823FE51-48B6-4652-984C-BFE57C11D13D Conditions of Approval
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October 19, 2021

identified in the Wastewater Master Plan (“ Phase 2 Choke Points Improvements”) will be required to serve the
Project. The City has commenced the design of Phase 2
Choke Point Improvements. In the event the City does not have adequate funding for Phase 2 Choke Points
Improvements the Subdivider will contribute funding as
determined by the City Engineer to cover shortfall in funding, so the City can proceed with the construction of the
improvement. Building permits will only be issued up to available capacity in the Corral Hollow Sewer system as determined by the City Engineer. Subdivider will be eligible for fee credits and/or reimbursements in accordance with Tracy Municipal Code.

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

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

On or prior to December 31, 2022, the Developer shall pay the City half the amount of the wastewater treatment
development impact fees (estimated at approximately $6
Million) for lots within the boundary of Tracy Hills Phase 2 Tentative Map and shall provide a Letter of Credit (or other guarantee) to the satisfaction of the City Engineer for the other half of the wastewater treatment development impact fees. On or prior to December 31, 2023, the Developer shall pay to the City the remaining half the amount of the
wastewater treatment development impact fees. After the second payment, the City Engineer may release the Letter of Credit (or other guarantee). For building permits issued prior to December 31, 2022, the Developer shall pay wastewater development impact fees per lot consistent with its agreement with the City and Title 13 of the Tracy Municipal Code. The City Engineer will determine the amount due on December 22, 2022 based on the available wastewater development
impact fees collected and the funding shortfall for WWTP Phase 2C improvements. The Developer shall be required to pay wastewater development impact fee up to the amounts as outlined above (for all lots for which building permits have not been issued on December 31, 2022). Building permits will DocuSign Envelope ID: 9823FE51-48B6-4652-984C-BFE57C11D13D Conditions of Approval
Tracy Hills Phase 2 – Vesting Tentative Subdivision Map Application Number TSM20-0003
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only be issued up to available capacity in the WWTP, as determined by the City Engineer.

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

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

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

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

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

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

C.2.6 Water Distribution System

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

C.2.6.2 During the construction phases (vertical construction) of the Project, the Subdivider shall be responsible for providing water infrastructure (temporary or permanent) capable of DocuSign Envelope ID: 9823FE51-48B6-4652-984C-BFE57C11D13D Conditions of Approval
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October 19, 2021

delivering adequate fire flows and pressure appropriate to the various stages of construction and as approved by the Fire Marshall.

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

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

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

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

Initially, the recycled water main will be connected to a potable water supply (with a stub in place to future recycled water) as approved by the City until the program backbone recycled water facilities are in place. Once the recycled water system network is online the recycled water distribution main in Lammers Road will be disconnected from the potable water DocuSign Envelope ID: 9823FE51-48B6-4652-984C-BFE57C11D13D Conditions of Approval
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system and connected to the recycled water system.

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

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

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

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

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

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

C.2.7.2 Lammers Road and Other In-tract Streets – Right-of-Way DocuSign Envelope ID: 9823FE51-48B6-4652-984C-BFE57C11D13D Conditions of Approval
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October 19, 2021

The Subdivider shall dedicate all rights -of-way that are necessary to construct Lammers Road, between Tracy Hills Drive and Corral Hollow Road, and all the in-tract streets, based on their respective cross sections shown on the
VTSM and in accordance the Traff ic Study, with the Final Map for the respective phase. The width of travel lanes , turn lanes, street median, landscaping strip s and sidewalks shall be in accordance with the VTSM and the Traffic Study.

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

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

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

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

C.2.7.4 Corral Hollow Road - Right of Way

Per the TMP and SPA, Corral Hollow Road will be a 4 -lane major arterial roadway with 11’ wide raised median,
sidewalk/Class I bikeway on west side and landscaping
between I-580 and Lammers Road and 2 -lane arterial with sidewalk/Class I bikeway on west side and landscaping
south of Lammers Road to the Project boundary. The
Subdivider shall dedicate all rights-of-way along the Project frontage necessary for the widening of Corral Hollow Road per TMP and including any additional right -of-way required for the construction of roundabout improvements, turn lanes and transitions at the intersection of Corral Hollow Road and DocuSign Envelope ID: 9823FE51-48B6-4652-984C-BFE57C11D13D Conditions of Approval
Tracy Hills Phase 2 – Vesting Tentative Subdivision Map Application Number TSM20-0003
October 19, 2021

Lammers Road in accordance with the VTSM and Traffic
Study.

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

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

C.2.7.5 Corral Hollow Road - Improvements

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

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

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

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

C.2.7.7 For any Corral Hollow Road Improvements considered frontage improvements (such as Subdivider’s Frontage
Obligation per the TMP and landscape improvements behind DocuSign Envelope ID: 9823FE51-48B6-4652-984C-BFE57C11D13D Conditions of Approval
Tracy Hills Phase 2 – Vesting Tentative Subdivision Map Application Number TSM20-0003
October 19, 2021

the curb) and improvements within Caltrans right -of-way at I- 580/Corral Hollow Road interchange that are not
constructed or security posted with OIA at the time of
approval of the first Final Map, the Subdivider shall enter into a DIA with the City.

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

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

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

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

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

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Funding sources may also include other regional
transportation funds and/or grants that may become
available, subject to eligibility and approval by the City and other approving agencies. Developer will be eligible for fee credits in accordance with Tracy Municipal Code
provisions and Development Agreement.
b. LAMMERS ROAD - BETWEEN TRACY HILLS DRIVE AND
CORRAL HOLLOW ROAD.

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

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

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

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

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

DocuSign Envelope ID: 9823FE51-48B6-4652-984C-BFE57C11D13D Conditions of Approval
Tracy Hills Phase 2 – Vesting Tentative Subdivision Map Application Number TSM20-0003
October 19, 2021

C.2.7.9 The Subdivider shall construct an all-whether, emergency vehicle access across Lot CC as shown on the VTSM and in accordance with South San Joaquin County Fire Authority requirements.

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

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

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

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

DocuSign Envelope ID: 9823FE51-48B6-4652-984C-BFE57C11D13D Conditions of Approval
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C.2.7.14 All intersections shall be designed to accommodate fire truck movements as required by the Fire Department.

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

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

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

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

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

C.2.10 Public Utility Easements

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

C.2.10.2 All private utility services to serve the Project such as electric, telephone and cable TV to the building must be DocuSign Envelope ID: 9823FE51-48B6-4652-984C-BFE57C11D13D Conditions of Approval
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installed underground, within right-of-way or a dedicated Public Utility Easement (PUE) and at the location approved by the City and the respective owner(s) of the utilities.

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

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

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

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

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

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

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

C.3 Final Map

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

DocuSign Envelope ID: 9823FE51-48B6-4652-984C-BFE57C11D13D Conditions of Approval
Tracy Hills Phase 2 – Vesting Tentative Subdivision Map Application Number TSM20-0003
October 19, 2021

C.3.1 Subdivider has submitted one reproducible (mylar) copy of the approved tentative subdivision map for the Project after Subdivider’s receipt of a notification of approval of the Tentative Subdivision Map.

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

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

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

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

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

C.3.6 Subdivision Improvement Agreement.

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

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

C.3.8 Deferred Improvement Agreement
DocuSign Envelope ID: 9823FE51-48B6-4652-984C-BFE57C11D13D Conditions of Approval
Tracy Hills Phase 2 – Vesting Tentative Subdivision Map Application Number TSM20-0003
October 19, 2021

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

C.3.9 Off-Site Improvement Agreement

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

C.3.10 Improvement Security.

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

C.3.10.1 Faithful Performance (100% of the estimated cost of constructing the public facilities),

C.3.10.2 Labor & Material (100% of the estimated cost of constructing the public facilities), and

C.3.10.3 Warranty (10% of the estimated cost of constructing the public facilities)

C.3.10.4 Monumentation ($750 multiplied by the total number of street centerline monuments that are shown on the Final Map)

C.3.11 Subdivider has paid engineering review fees including improvement plan checking, final map review, agreement processing, and all other fees required by these Conditions of Approval and City Regulations.

DocuSign Envelope ID: 9823FE51-48B6-4652-984C-BFE57C11D13D Conditions of Approval
Tracy Hills Phase 2 – Vesting Tentative Subdivision Map Application Number TSM20-0003
October 19, 2021

C.3.12 Subdivider has submitted technical or materials specifications, cost estimate, and technical reports related to the design of improvements that are shown on the Improvement Plans and as required by these Conditions.

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

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

C.4 Grading and Encroachment Permits

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

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

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

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

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

C.4.5 Two sets of the Project’s Geotechnical Report signed and stamped by a licensed Geotechnical Engineer licensed to practice in the State of California. The technical report must include relevant information related to soil types and characteristics, soil bearing capacity, DocuSign Envelope ID: 9823FE51-48B6-4652-984C-BFE57C11D13D Conditions of Approval
Tracy Hills Phase 2 – Vesting Tentative Subdivision Map Application Number TSM20-0003
October 19, 2021

percolation rate, roadway section construction recommendations and elevation of the highest observed groundwater level.

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

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

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

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

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

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

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

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

DocuSign Envelope ID: 9823FE51-48B6-4652-984C-BFE57C11D13D Conditions of Approval
Tracy Hills Phase 2 – Vesting Tentative Subdivision Map Application Number TSM20-0003
October 19, 2021

C.4.14 As required per Mitigation Measure 4.8-2a of the EIR, the Subdivider shall submit, prior to issuance of grading permits, a Phase II ESA focused on soil sampling conducted near the location of the underground crude oil pipelines, as determined by a qualified Phase II/Site Characterization specialist.

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

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

C.5 Building Permit

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

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

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

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

4.2.1 of the EIR and these Conditions of Approval.

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

C.6 Final Building Inspection

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

DocuSign Envelope ID: 9823FE51-48B6-4652-984C-BFE57C11D13D Conditions of Approval
Tracy Hills Phase 2 – Vesting Tentative Subdivision Map Application Number TSM20-0003
October 19, 2021

C.6.1 The Subdivider has completed construction of all public facilities required to serve the building for which a certificate of occupancy is requested, or a final building inspection has to be performed unless otherwise defined herein. Unless specifically provided in these Conditions, or the City Regulations, the Subdivider shall take all actions necessary to construct all public facilities required to serve the Project, and the Subdivider shall bear all costs related to construction of the public facilities (including all costs of design, construction, construction management, plan check, inspection, land acquisition, program implementation, and contingency).

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

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

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

C.8 Acceptance of Public Improvements

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

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

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

C.8.3 Subdivider has submitted Certified “As-Built” Improvement Plans (or Record Drawings). Upon completion of the construction by the Subdivider, the City shall temporarily release the originals of the Improvement Plans to the Subdivider so that the Subdivider will be able DocuSign Envelope ID: 9823FE51-48B6-4652-984C-BFE57C11D13D Conditions of Approval
Tracy Hills Phase 2 – Vesting Tentative Subdivision Map Application Number TSM20-0003
October 19, 2021
to document revisions to show the "As Built" configuration of all improvements.

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

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

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

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

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

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

DocuSign Envelope ID: 9823FE51-48B6-4652-984C-BFE57C11D13D Conditions of Approval
Tracy Hills Phase 2 – Vesting Tentative Subdivision Map Application Number TSM20-0003
October 19, 2021

C.10.5 The CFD or HOA shall include future costs of maintenance including PG&E charges for all new streetlights to be installed by the Project.

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

DocuSign Envelope ID: 9823FE51-48B6-4652-984C-BFE57C11D13D City of Tracy – Off-Site Improvement Agreement
Tracy Hills Phase 2 Zone 5 Water Main Improvements
EXHIBIT “C”
Authorized Representative Contact Information
Initial Contact Information for Developer’s Authorized Representative:

Bridgit Koller
Lennar Homes of California, LLC
2603 Camino Ramon, Suite 525
San Ramon, CA 94583
(925) 242-0811
[email protected]
DocuSign Envelope ID: 9823FE51-48B6-4652-984C-BFE57C11D13D

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

TRACY CI

TY COUNCIL
RESOL
UTION 2023-_____

ADOPTING A RESOLUTION APPROVING THE OFF-SITE IMPROVEMENT

AGREEMENT BETWEEN THE CITY AND LENNAR HOMES OF CALIFORNIA,

LLC, FOR PUBLIC IMPROVEMENTS REQUIRED AS PART OF THE
CONDITIONS OF APPROVAL, FOR THE TRACY HILLS PHASE 2 ZONE 5

WATER MAIN IMPROVEMENTS
WHEREA
S, on October 19, 2021, the City Council adopted the Tracy Hills Specific Plan Amendment for Tracy Hills Phase 2 and approved various related land use entitlements, including that certain Vesting Tentative Subdivision Map for Tracy Hills Phase 2, Tract 4057, processed under Application No. TSM20-0003 and approved by Resolution No. 2021-154; and WHEREA
S, the Conditions of Approval for the Vesting Tentative Subdivision Map and the Citywide Water System Master Plan require the Developer, Lennar Homes of California, LLC, to design and construct the Zone 5 water transmission main from the John Jones Water Treatment Plant to the new Tracy Hills Zone 5/6 water tanks also being constructed by the Developer; and
WHEREA
S, when completed, the Zone 5 water transmission main and Zone 5/6 water tanks will provide potable water service initially to the Tracy Hills Phase 2A development and ultimately to future phases of development within the Tracy Hills Specific Plan Area; and WHEREA
S, the subject Tracy Hills Phase 2 Zone 5 Water Main Improvements will construct the portion of the Zone 5 water transmission main generally extending between the I-580 Freeway and the Tracy Hills Zone 5/6 water tanks; and WHEREA
S, the Project will be partly located within public street rights-of-way and other parcels to be dedicated by Developer to City on the various Final Maps comprising the Tracy Hills Phase 2A development and partly within an Access and Water Line Easement to be dedicated by Developer to City across future phases of the Tracy Hills development; and WHEREA
S, improvement plans and specifications for the Tracy Hills Phase 2 Zone 5 Water Main Improvements, which describe in more detail the improvements which are required under the Off-Site Improvement Agreement, were prepared on behalf of the Developer and have been approved by the City Engineer, and are filed under Tracking No. ENG21-0032; and WHEREA
S, the Developer has executed the Off-Site Improvement Agreement and has submitted the required security to guarantee completion of the required improvements; now, therefore, be it
Resolution 2023-_____

Page 2 ends

RESOLVED: That the City Council of the City of Tracy hereby adopts a resolution approving the Off-Site Improvement Agreement between the City and Lennar Homes of California, LLC, for public improvements required as part of the Conditions of Approval, for Tracy Hills Phase 2 Zone 5 Water Main Improvements.
* *
* * * * * * * * * * *
The foregoing Resolution 2023-_____ was adopted by the Tracy City Council on the 15th day of August 2023 by the following vote:

AYES: CO
UNCIL MEMBER S:

NOES:

COUNCIL MEMBER S:

ABSENT: CO
UNCIL MEMBER S:

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
August 15, 2023
Agenda Item 1.Q

RECOMMENDATION
Staff recommends that City Council adopt six Resolutions approving General Services Agreements, each for two (2) year terms, with an administrative option to extend for an additional year, to supply and deliver certain chemicals necessary in the treatment process of water and wastewater, with the following vendors, for the specified amounts:
(1) Hill Brother
s Chemical Company (not to exceed amount of $250,000 annually); (2) Polydyne, Inc. (not to exceed amount of $1,500,000 annually); (3) Pioneer Americas, LLC (not to exceed amount of $2,500,000 annually); (4) HASA, Inc. (not to exceed amount of $100,000 annually); (5) Sterling Water Technologies, LLC (not to exceed amount of $250,000 annually); and (6) Thatcher Company of California, Inc. (not to exceed amount of $1,500,000 annually).

EXECUTIVE SUMMARY
This agenda item
, with City Council consent, will approve General Services Agreements with six (6) different contractors (identified above) (collective, “Contractors”) for the supply and delivery of certain chemicals used in the treatment of water through the John Jones Water Treatment Plant and wastewater through the Wastewater Treatment Plant to comply with Federal and State standards and permitting. Each of the six agreements are for two (2) year terms and give the City Manager the right to administratively extend each agreement for an additional one (1) year term. The funding for these six (6) agreements will be through the annual operations and maintenance budgets for Water and Wastewater (Fund 511 and Fund 521) with a combined not to exceed amount of $6,100,000 per annum.

BACKGROUND AND LEGISLATIVE HISTORY
As an integral
part of operations, the City of Tracy water and wastewater treatment plants, water production wells, and water reservoirs, require various chemicals to disinfect and treat its water and wastewater to meet compliance with state and federal standards. Prices for many of these chemicals fluctuate greatly in the market based on supply and demand, and many vendors do not want to enter into agreements stagnating their rates. Every two to three years the City conducts a request for proposals to obtain competitive rates and many vendors will not participate for longer contract terms due to these fluctuations.

On February 2, 2023, s
taff followed established procedures, in accordance with Tracy Municipal Code, Section 2.20.140, and conducted a onetime Request for Proposal (RFP) to solicit experienced and qualified vendors to provide competitive rates to supply and deliver the various chemicals used in disinfection and treatment of both water and wastewater. Proposers had the ability to select which specific chemicals they were interested in, and the price and unit costs associated with that chemical. On March 13, 2023, staff had received eleven (11) proposals from vendors for all twelve (12) identified chemicals. After careful review and analysis, six (6) qualified proposers were selected based on their competitive rates and ability to deliver the required chemicals.

Agenda Item 1.Q
August 15, 2023

Page 2 ends

ANALYSIS
The City of Tracy uses bulk chemical for disinfection and treatment of Water and Wastewater which requires delivery of such chemicals to various City facilities to receiving equipment in a safe environment as applicable per local, State and Federal standards. Most chemical supply firms are specialized and deliver only certain types of chemicals; therefore, the City must purchase these chemicals from multiple vendors. Staff completed an extensive review of the eleven (11) proposals received based on expertise and proposal content. The following six (6) proposers and their corresponding rates are recommended for approval by City Council based on cost, and taking into consideration response time, specialty, and past performance with the City and/or other agencies.

Upon approval, s
taff will finalize the GSAs and issue Purchase Orders specifying the type and rate for the chemical as shown in the table above and will invoice based on the delivery of chemical needs for each facility. The City will utilize these goods and services on an “as-needed basis.” Staff will follow the City’s purchasing policy and return to Council, if necessary. The GSA will be for a two-year term with the potential to extend the contract by one (1) year. Should the vendor and City agree to the extension, the vendor may request an increase to the proposed chemical rate in proportion to any increase in the Producer Price Index (PPI) by Commodity for Chemicals for the extended year. Any increase shall be the lower of ten percent (10%) or the increase in the PPI annually. Both the City and the vendor must agree on the proposed rate increase.

CEQA DETERMINATION
The approval of the pro
posers in this request will not result in a physical change in the environment and therefore is not considered as a project as defined by Section 21065 of the Public Resources Code.

Agenda Item 1.Q
August 15, 2023

Page 3 ends

STRATEGIC PLAN
This agenda item is consistent with the City’s Quality of Life Strategy and meets the goals to ensure physical infrastructure and systems necessary for the health and safety of the Tracy community through improved water quality.

FISCAL IMPACT
The cost of the goods and services provided by the proposers will be captured in both the Water Fund (511) and Wastewater Fund (521) annual operations and maintenance budgets.

ACTION REQUESTED OF THE CITY COUNCIL
Staff recommends that City Council adopt six Resolutions approving General Services Agreements, each for two (2) year terms, with an administrative option to extend for an additional year, to supply and deliver certain chemicals necessary in the treatment process of water and wastewater, with the following vendors, for the specified amounts:
(1) Hill Brothers C
hemical Company (not to exceed amount of $250,000 annually); (2) Polydyne, Inc. (not to exceed amount of $1,500,000 annually); (3) Pioneer Americas, LLC (not to exceed amount of $2,500,000 annually); (4) HASA, Inc. (not to exceed amount of $100,000 annually); (5) Sterling Water Technologies, LLC (not to exceed amount of $250,000 annually); and (6) Thatcher Company of California, Inc. (not to exceed amount of $1,500,000 annually).

Prepared by: S
tephanie Reyna-Hiestand, Assistant Director of Utilities Reviewed by:

James Jackson, Director of Operations & Utilities
Sara Cowell, Director of Finance
Bijal Patel, City Attorney
Karin Schnaider, Assistant City Manager
Approved by: Midori Lichtwardt, Interim City Manager
Attachments:

A – GSA Hill Brothers
Chemical Company
B – GSA Polydyne, Inc.

C – GSA Pioneer A
mericas, LLC
D – GSA HASA, Inc.

E – GSA Sterling Water Technologies, LLC
F – GSA Thatcher Company of California, Inc.

Attachment A

Attachment B

City of Tracy - General Services Agreement with Polydyne, Inc.

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

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

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

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

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

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

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

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

7. Dispute Resolution. If any dispute arises between the City and Contractor that cannot be settled after engaging in good faith negotiations, City and Contractor agree to resolve the dispute in accordance with the following:

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

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

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

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

Page 3 of 9 ends

Attachment C

Attachment D

Attachment E

City of Tracy – General Services Agreement with Thatcher Company of California, Inc.

Page 1 of 9 ends

CITY OF TRACY

GENERAL SERVICES AGREEMENT WITH
THATCHER COMPANY OF CALIFORNIA, INC.

This General Services Agreement (Agreement) is entered into between the City of Tracy, a municipal corporation (City), and Thatcher Company of California, Inc., a California Corporation (Contractor). City and Contractor are referred to individually as “Party” and collectively as “Parties.”

Recitals

A. City desires to retain Contractor to provide chemical delivery services to the John Jones Water Treatment Plant and Wastewater Treatment Plant; and

B. On February 23, 2023, the City issued a Request for Proposals (RFP) for Delivery of Chemicals 2023-2025 (Project). On March 8, 2023, Contractor submitted its proposal for the Project to the City.

City has determined that Contractor possesses the skills, experience and certification required to provide the services.

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

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

Now therefore, the Parties mutually agree as follows:

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

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

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

2.1 Te
rm. The term of this Agreement shall begin on March 17, 2023 and end on February 28, 2025, unless terminated in accordance with Section 6. This Agreement may be extended for an additional one (1) year by the Operations and Utilities Director following a written determination that Contractor has satisfactorily met all the requirements of this Agreement.

3. Compensation. Cit y shall pay Contractor on a time and expense basis, at the billing rates set forth in Exhibit “B,” attached and incorporated by reference for services performed under this Agreement.

Attachment F
City of Tracy – General Services Agreement with Thatcher Company of California, Inc.

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3.1 Not to Exceed Amount. Contractor’s total compensation under this Agreement shall not exceed $1,500,000 annually. Contractor’s billing rates shall cover all costs and expenses for Contractor’s performance of this Agreement. Contractor’s billing rates under this Agreement may be annually increased in January of each year by the lesser of 3% of the annual increase in the Cost-of- Living Index – All items, for the Sacramento Metropolitan Region. No work shall be performed by Contractor in excess of the total compensation amount provided in this section without the City’s prior written approval.

3.2 Invoices. Contractor shall submit monthly invoices to the City that describe the services performed, including times, dates, and names of persons performing the services.

3.2.1. Contractor’s failure to submit invoices in accordance with these requirements may result in the City rejecting said invoices and thereby delaying payment to Contractor.

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

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

In t
his section, “City” means the City, its officials, officers, agents, employees, and volunteers; “Contractor” means the Contractor, its employees, agents and subcontractors; “Claims” includes claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all related costs and expenses) and any allegations of these; and “Arising out of” includes “pertaining to” and “relating to”.

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

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

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

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

5.4 Pollution Liability Insurance
i. Pollution Coverage shall be provided for liability arising out of sudden, accidental, and gradual pollution and remediation. The policy limit shall be no less than two million dollars (42,000,000) per claim. All activities contemplated in this agreement shall be specifically scheduled on the policy as “covered operations.” The policy will be applicable to the work performed in the delivery of chemicals in accordance with the scope of this agreement.
ii. The policy shall be endorsed to include the City, its officers, employees, and agents as insureds.

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

City of Tracy – General Services Agreement with Thatcher Company of California, Inc.

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

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

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

6. Termination.

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

7. Dispute Resolution. I
f any dispute arises between the City and Contractor that cannot be settled after engaging in good faith negotiations, City and Contractor agree to resolve the dispute in accordance with the following:

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

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

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

City of Tracy – General Services Agreement with Thatcher Company of California, Inc.

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8 Labor Code Compliance. Contractor is aware of the requirements of Chapter 1 of Part 7 of Division 2 of the California Labor Code and applicable regulations which require the payment of prevailing wage rates (§1771, §1774, and §1775); employment of apprentices (§1777.5), certified payroll records (§1776), hours of labor (§1813 and §1815), debarment of contractors and subcontractors (§1777.1) and the performance of other requirements on “public works” and “maintenance” projects. The services being performed under this Agreement are part of a “public works” or “maintenance” project, as defined in the Prevailing Wage Laws, Contractor agrees to fully comply with such Prevailing Wage Laws.

8.1 Rates.

These prevailing wage rates are on file with the City and are available online at http://www.dir.ca.gov/DLSR. Each Contractor and Subcontractor must pay no less than the specified rates to all workers employed to perform the services described herein. The schedule of per diem wages is based upon a working day of eight hours. The rate for holiday and overtime work must be at least time and one-half. Contractor assumes all responsibility for such payments and shall defend, indemnify and hold the City harmless from any and all claims made by the State of California, the Department of Industrial Relations, any subcontractor, any worker, or any other third party.

8.2 Registration with DIR. C ontractor warrants that it is registered with the Department of Industrial Relations and qualified to perform the services consistent with Labor Code section 1725.5.

8.3 Monitoring. This Agreement will be subject to compliance monitoring and enforcement by the DIR, under Labor Code section 1771.4.

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

10. Independent Contractor Status.

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

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

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

11. C
onflicts of Interest . Contractor (including its employees, agents, and subcontractors) shall not maintain or acquire any direct or indirect interest that conflicts with the performance of this Agreement.

If Contractor maintains or acquires such a conflicting interest, the City may terminate any contract (including this Agreement) involving Contractor’s conflicting interest.

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

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

To City: To C ontractor:

Operations and Utilities Director Thatcher Company of California, Inc. 520 Tracy Blvd. P.O. Box 27407
Tracy, CA 95376 Salt Lake City, UT 84127-0407
Attn: Craig N. Thatcher
Chief Executive Officer
With a copy to:

City Attorney
333 Civic Center Plaza
Tracy, CA 95376

14. Miscellaneous.

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

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

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

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

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

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

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

14.6.1 Hazardous Materials. Contractor is responsible for all costs of clean up and/or removal of hazardous and toxic substances spilled as a result of performing their services.

14.6.2 Non-discrimination. Contractor represents and warrants that it is an equal opportunity employer, and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Contractor shall also comply with all applicable anti-discrimination federal and state laws, including but not limited to, the California Fair Employment and Housing Act (Gov. Code 12990 (a-f) et seq.).

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

City of Tracy – General Services Agreement with Thatcher Company of California, Inc.

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Tracy City CouncilAugust 15, 2023

Tracy City Council
August 15, 2023