Pursuant to Section 54956 of the Government Code of the State of California, a Special meeting of the Tracy City Council is hereby called for:
Date/Time: Tuesday, October 1, 2024, 5:30 p.m.
(or as soon thereafter as possible)
Location: Tracy City Hall, Council Chambers
333 Civic Center Plaza, Tracy, CA. 95376
Government Code Section 54954.3 states that every public meeting shall provide an opportunity for the public to address the Tracy City Council on any item, before or during consideration of the item, however no action shall be taken on any item not on the agenda.
This meeting will be open to the public for in-person and remote participation pursuant to Government Code Section 54953(e)
For Remote Public Comment:
During the Items from the Audience, public comment will be accepted via the options listed below. If you would like to comment remotely, please follow the protocols below:
• Comments via:
o Online by visiting https://cityoftracyevents.webex.com and using the following Event Number: 2553 974 1219 and Event Password: TracyCC o If you would like to participate in the public comment anonymously, you may submit your comment via phone or in WebEx by typing “Anonymous” when prompted to provide a First and Last Name and inserting [email protected] when prompted to provide an email address. o Join by phone by dialing +1-408-418-9388, enter 25539741219#8722922# Press *3 to raise the hand icon to speak on an item.
• Protocols for commenting via WebEx:
o If you wish to comment under “Items from the Audience/Public Comment” portion of the agenda:
▪ Listen for the Mayor to open “Items from the Audience/Public Comment”, then raise your hand to speak by clicking on the Hand icon on the Participants panel to the right of your screen.
▪ If you no longer wish to comment, you may lower your hand by clicking on the Hand icon again.
o Comments for the “Items from the Audience/Public Comment” will be accepted until the public comment period is closed.
NOTICE OF SPECIAL MEETING
October 1, 2024 Special Meeting
1. Call to Order
2. Actions, by Motion, of City Council pursuant to AB 2449, if any
3. Roll Call and Declaration of Conflicts
4. Items from the audience - In accordance with Council Meeting Protocols and Rules of Procedure, adopted by Resolution No. 2019-240, and last amended by Resolution No. 2021-049, a five-minute maximum time limit per speaker will apply to all individuals speaking during “Items from the Audience/Public Comment”. For non-agendized items, Council Members may briefly respond to statements made or questions posed by individuals during public comment; ask questions for clarification; direct the individual to the appropriate staff member; or request that the matter be placed on a future agenda or that staff provide additional information to Council.
5. DISCUSSION ITEMS
5.A. For vacancies on the Tracy Youth Advisory Commission, the City Council, by motion, (1) Establish interview protocols to fill two adult vacancies; (2) Conduct interviews of four adult applicants and upon conclusion, appoint applicants to fill two adult vacancies and establish an eligibility list, if appropriate; and (3) Establish a subcommittee of two Council Members, and an alternate, to interview sixteen youth applicants to fill eleven youth vacancies.
6. Council Items and Comments
7. Adjournment
Posting Date: September 26, 2024
The City of Tracy is in compliance with the Americans with Disabilities Act and will make all reasonable accommodations for the disabled to participate in employment, programs and facilities. Persons requiring assistance or auxiliary aids in order to participate, should contact the City Manager’s Office at (209) 831-6000 at least 24 hours prior to the meeting.
October 1, 2024
Agenda Item 5.A
RECOMMENDATION
For vacancies on the Tracy Youth Advisory Commission, the City Council, by motion, (1) Establish interview protocols to fill two adult vacancies; (2) Conduct interviews of four adult applicants and upon conclusion, appoint applicants to fill two adult vacancies and establish an eligibility list, if appropriate; and (3) Establish a subcommittee of two Council Members, and an alternate, to interview sixteen youth applicants to fill eleven youth vacancies.
EXECUTIVE SUMMARY
On March 19, 2024, the City Council amended the Council Policy Establishing a Selection Process for Appointments to City Advisory Bodies (see Attachment A) through Resolution 2024-042 (Appointment Policy).
Section D of the Appointment Policy defines the selection process, which requires the full City Council, in open session at a regular or special meeting, review applications, interview applicants
and make informal recommendations of specific
candidates for the Mayor to consider as proposed appointees. The Youth Advisory Commission (YAC) recruitment
to fill the vacant positions was opened December 20, 2023, through April 26,
2024, and sixteen youth and four adult applications were received.
Preliminary interviews were held on Monday, May 20, 2024,and Tuesday, May 21, 2024, following the current Y
outh Advisory Commission Bylaws. As the City’s Appointment Policy is inconsistent with the
YAC Bylaws, those interviews are not being considered.
The Appointment Policy does not outline a specific manner in how the Council body should conduct the interviews for each advisory body. Through this item, the City Council will discuss and agree upon interview p
rotocols and then will proceed with the interview process itself for the adult YAC positions. Importantly, as 16 applications for the youth positions were received, staff is recommending
that the Mayor appoint, with the approval of the City Council, a subcommittee of two (2) Council Members to interview these sixteen (16) applicants. The subcommittee can return to t
he City Council at a future Council Meeting with its
recommendations to the Mayor for appointment and City Council for approval.
BACKGROUND AND LEGISLATIVE HISTORY
The City Council’s current selection process for appointment to Council boards, commissions, or commit
tees is set forth in the Appointment Policy approved through Resolution 2024-042.
The selection process is initiated through the preparation of the appointment list by the City Clerk on or before December 31 of each year. The list contains the list of appointees and terms for each board, commission, and committee whose members serve at the pleasure of the City Council. When a vacancy occurs, a special notice is posted within twenty (20) days of the vacancy. Specific terms apply to vacancies with less than six months re maining and when f
illed by an emergency appointment. The Appointment Policy also restricts appointment of an individual already serving on a City of Tracy board, committee, or commission from serving on an additional City of Tracy board, committee, or commission concurrently. In addition, individuals selected to a City of Tracy board, committee, or commission must m eet residency requi
rements contained in t he policy.
Agenda Item 5.A
October 1, 2024
In December 2023, the City Clerk opened a recruitment to fill eleven youth and two adult vacancies on the
Youth Advisory Commission, due to Commissioners graduating high school and term expirations occurring
on July 31, 2024, and sixteen youth and four adult applications were received. Recruitment was closed on April 26, 2024.
As noted
above, the YAC Bylaws are inconsistent with the Appointment Policy in that they call for a selection panel to review new applications and make recommendations for appointment to the City Council. Staff inadvertently followed the YAC Bylaws process instead of the Appointment Policy and convened an interview panel consisting of Parks and Community Services Commissioner Scott Arbogast, Recreation Coordinator Amanda Jensen, and Adult YAC Commissioner Beatrice Amezquita-Javier. The panel conducted interviews over two days, Monday,
May 20, 2024, and Tuesday, May 21, 2024. Each candidate received ratings on a scale from
A to D, as well as evaluations based on their school affiliation. These evaluations have been suspended so t
hat the City Council, through this agenda item, direct the YAC appointments per the Appointment Policy.
ANALYSIS
A. Determining Interview Protocols
On
April 16, 2024, the City Council established interview protocols for appointments to the Planning Commission and based on these protocols
, conducted interviews to successfully fill
two vacancies. On
May 21, 2024, the City Council used the same protocols used for the Planning Commission to fill one vacancy on the Measure V Residents’ Oversight Committee.
For this
item, the City Council may elect to implement the same protocols used to fill the vacancies on the Planning Commission, Measure V Resident’s Oversight Committee, and the San Joaquin County Mosquito Abatement
District.
To establish the interview protocols, the City Council will need to determine which interview questions to ask
the application. The City Council may select interview questions that were used as a part of the previous appointment process. The list of questions is attached as Attachment B, and staff recommends that the City Council use the same list as the questions still remain relevant.
As f
or time allocation, the City Council is advised to consider that the entire process, including interview
ing the four adult applicants and appointing of two adult candidates, is anticipated to be completed within a scheduled meeting time of 95 minutes. Based on this, below is a suggested process:
• Agree that each Council Member asks one question for a total of five (5) questions.
• Determine t
he five (5) interview questions to ask the applicant.
• Allow the applicant
two (2) minutes to respond to each question.
• Interview applicants in alphabetical order, by last name. • Allocate up to five (5)
minutes for each Council Member for follow-up
questions.
• Allocate up to thirty (30) minutes for the total City Council discussion.
Importantly, as sixteen (16) applications for the youth positions were received, staff is recommending that t
he Mayor appoint, with the approval of the City Council, a subcommittee of two (2)
Agenda Item 5.A
October 1, 2024
Council Members to interview these sixteen(16) applicants. The subcommittee can return to the City Council
at a future Council Meeting with its recommendations to the Mayor for appointment and City Council for approval.
Following discussion, each Council Member will make an informal recommendation of specific candidates for the Mayor to consider as proposed appointees for appointment to the Youth Advisory Commission. Upon receiving the recommendations of all Council Members, the Mayor will propose two adults to the Youth Advisory Commission, which shall be approved or disappr
oved, by majority vote, of the Council body. The Mayor may endeavor to propose an appointee that is recommended by the Council body, but the Mayor may propose an alternate appointee pursuant to mayoral authority under Government Code 40605.
If the Council disapproves of the appointee proposed by the Mayor, the Mayor shal l propose an alternate appointee, which shall be either approved or disapproved by the Council, by majority vote.
The process shall continue until two adult vacancies on the Youth Advisory Commission are filled; the Mayor may elect to reopen the application process if no appointee is approved through this process.
If there are more than two adults qualified, the City Council may establish an eligibility list that w
ill be used by the Mayor to fill future vacancies that occur wi thin the following twelve (12) months.
Based on the number of youth applicants, staff is requesting that after the Council appoints the adult commissioners, a subcommittee of two Council Members, along with an alternate, be established to interview the sixteen youth applicants and fill the eleven youth vacancies on the Tracy Youth Advisory Commission. Once interviews have been concluded, staff will bring an item ba
ck to the full Council to a make a recommendation for their appointment.
B. Appl
icant Materials
As noted above, the City received sixteen youth and f our adult applications for eleven youth and two adult vacancies on the Youth Advisory Commission. A copy of each application is attached as Attachment C. Personal information has been redacted, to protect the privacy of each applicant. However, City staff has verified that each applicant is a City resident, as is a requirement of the Appointment Policy.
The City Council should consider that the current YAC Bylaws call for a minimum of eight (8) and a maximum of fourteen (14) youth to be appointed to include two representatives from each comprehensive high school in the Tracy area and the four alternative education high schools as applications are received. Historically, this process has been successful i n providing adequate representation of each
high school to help with outreach of programs and/or events, representation during YAC lunch time activities, and r eceiving feedback from the students at the respective schools. Adult Commissioners are also selected to incl ude one adult who is a member of the Tracy Unified School District and two who are community members at lar ge who desire to work with youth.
Agenda Item 5.A
October 1, 2024
FISCAL IMPACT
There is no fiscal impact as a result of this agenda item.
STRATEGIC PLAN
This agenda item supports the City’s Governance Strategy, and specifically implements the following goal:
Governance
Goal 1: Model Good Governance, Teamwork, and Transparency
ACTION REQUESTED OF THE CITY COUNCIL
For vacancies on the Tracy Youth Advisory Commission, the City Council, by motion, (1) Est
ablish interview protocols to fill two adult vacancies; (2) Conduct interviews of four adult applicants and upon conclusion, appoint applicants to fill two adult vacancies and establish an eligibility
list, if appropriate; and (3) Establish a subcommittee of two Council Members, and an alternate, to interview sixteen youth applicants to fill eleven youth vacancies.
Prepared
by: Lauren Repetto, Recreation Services Supervisor
Reviewed by: Jolene Jauregui, Recreation Services Manager Brian MacD
onald, Director of Parks, Recreation & Community Services Sara Castro, Finance Director
Bijal Patel, City Attorney
Arturo Sanchez, Assistant City Manager
Approved by: Arturo Sanchez, Assistant City Manager
Attachment
s:
A – Council Policy Establishing a Selection Process for Appointments to City Advisory Bodies
B – Suggested Interview Questions for the Youth Advisory Commission C – Adult Candidate Applications
for the Youth Advisory Commission
APPROVED AS TO FORM AND LEGALITY
j
C Y A OFNEYt OFFICE
TRACY CITY COUNCIL
RESOLUTION 2024- 042
AMENDING THE COUNCIL POLICY ESTABLISHING A SELECTION PROCESS FOR
APPOINTMENTS TO CITY ADVISORY BODIES TO ALLOW THE FULL CITY COUNCIL TO
INTERVIEW CANDIDATES AND MAKE INFORMAL RECOMMENDATIONS OF SPECIFIC
CANDIDATES FOR THE MAYOR TO CONSIDER AS PROPOSED APPOINTEES, SUBJECT
TO FINAL APPROVAL OF THE CITY COUNCIL
WHEREAS, the Council Policy Establishing a Selection Process for Appointments to City Advisory Bodies ( Appointment Policy) sets forth the process by which vacancies on City committees, subcommittees, and commissions are filled; and WHEREAS, the most recent version of the Appointment Policy was adopted on December 21, 2021, by the City Council through Resolution 2021-200; and WHEREAS, under Government Code Section 40605, the elected mayor of a general law city solely has the authority to appoint, subject to council approval, to council committees, sub- committees. and commissions, as well as any regional bodies to which the council sends a delegate; and
WHEREAS, the selection process contained in the Council' s Appointment Policy does not fully comply with Government Code Section 40605 as it states that the City Council appoints to a sub - committee to interview candidates and appoints, based on the recommendations of the sub -committee, and no explicit authority of the Mayor to propose appointments is noted; and WHEREAS, on March 5, 2024, the City Council discussed options to align the Appointment Policy with Government Code Section 40605; and WHEREAS, after discussion, the City Council directed staff to return with a proposed amendment to the Appointment Policy that would allow the full City Council to interview candidates, in open session at a regular or special meeting; and WHEREAS, the City Council had not reached consensus on what the next steps would be after the Council interviews had been completed and asked staff to return with two options for the City Council' s further deliberation and final selection; and WHEREAS, the City Council deliberated further at its meeting on March 19, 2024 and finalized the option set forth herein; now, therefore, be it RESOLVED: That the City Council of the City of Tracy hereby amends the Appointment Policy as set forth in Exhibit A, as amended, such that the full City Council shall interview candidates, in open session at a regular or special meeting, and upon completing the interviews,
ATTACHMENT A
Resolution 2024- 042
shall make & aa -informal recommendations of specific candidates for the Mayor to consider as proposed appointees; and be it
FURTHER RESOLVED: That the amended Appointment Policy shall become effective immediately upon adoption of this Resolution; and be it FURTHER RESOLVED: That the City Council authorizes the City Clerk to proceed with the process to fill vacancies as set forth in the newly amended Appointment Policy.
The foregoing Resolution 2024-042 was adopted by the Tracy City Council on the 19th day of March 2024 by the following vote:
AYES: COUNCIL MEMBERS: ARRIOLA, BEDOLLA, EVANS, DAVIS
NOES: COUNCIL MEMBERS: YOUNG
ABSENT: COUNCIL MEMBERS: NONE
ABSTENTION: COUNCIL MEMBERS: NONE
itANCY 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
COUNCIL POLICY ESTABLISHING A SELECTION PROCESS FOR APPOINTMENTS
TO CITY ADVISORY BODIES
Exhibit " A" to Resolution No. 2024- 042)
SECTION 1: PURPOSE
To establish a selection process for appointments to City advisory bodies including defining residency requirements, in accordance with Government Code sections 54970 et seq. This process acknowledges and is consistent with Government Code Section 40605, which requires that the elected mayor of a general law city solely has the authority to appoint, subject to council approval, to council committees, sub - committees. and commissions, as well as any regional bodies to which the council sends a delegate.
SECTION 2: SELECTION PROCESS FOR APPOINTEE BODIES
A. On or before December 31st of each year, the City Clerk shall prepare an appointment list of all regular and ongoing boards, commissions and committees that are appointed by the City Council of the City of Tracy. The list shall contain the following information:
1. A list of all appointee terms which will expire during the next calendar year, with the name of the incumbent appointee, the date of the appointment, the date the term expires and the necessary qualifications for the position.
2. A list of all boards, commissions and committees whose members serve at the pleasure of the Council and the necessary qualifications of each position.
3. The list of appointments shall be made available to the public for a reasonable fee that shall not exceed actual cost of production. The Tracy Public Library shall receive a copy of the list.
B. Whenever a vacancy occurs in any board, commission or committee, whether due to expiration of an appointee' s term, resignation, death, termination or other causes, a special notice shall be posted in the office of the City Clerk, The Tracy Public Library, the City website, and in other places as directed within twenty (20) days after the vacancy occurs. Final appointment to the board, commission or committee shall not be made by the City Council for at least ten (10) working days after the posting of the notice in the Clerk' s office. If Council finds an emergency exists, the Council may fill the unscheduled vacancy immediately.
C. Appointments shall be made for the remainder of the term created by the vacancy except as follows:
If appointee will fill an un -expired term with six months or less remaining, the appointment shall be deemed to be for the new term.
2. If the vacancyisfilledby an emergencyappointmentthe appointeeshallserveonly on an acting basis until the final appointment is made pursuant to section 2.
D. The Council and Mayor shall use the following selection process to provide an equal opportunity for appointment to a board, commission or committee:
The full Councilshall, in open sessionat a regularor special meeting, review applications, interview applicants and make figinformal recommendations of specific candidates for the Mayor to consider as proposed appointees for appointment to the board, commission or committee.
2. Upon receiving the recommendations of the Council, the Mayor will propose an appointee to the board, commission or committee, which proposed appointee shall be approved or disapproved, by majority vote, of the Council. The Mayor shall may endeavorto proposeappointeesthat are recommendedby the Council, butthe Mayor may propose alternate appointees pursuant to mayoral authority under Government Code 40605. The altemates shall
be
nhns n from
the eligibility list, '
f ' F
h
L
3. If the Councildisapprovesan appointeeproposedby the Mayor, the Mayorshall proposean alternateappointee, which shall be either approvedor disapprovedby the Council, by majority vote. This process shall continue until all vacancies on the board, commission or committee are filled; the Mayor may elect to reopen the application process-.
4. If there are more qualified candidates than the number of current vacancies, the Council may establish an eligibility list that will be used to fill future vacancies that occur in the following twelve ( 12) months.
E. Anindividualalreadyservingona CityofTracyboard, committeeor commissionmaynotbe appointed to serve on an additional City of Tracy board, committee, or commission concurrently.
SECTION 3: DEFINITION OF RESIDENCY REQUIREMENTS
A. The following definitionsshall be usedto determinewhether residencyrequirementsare met for boards and commissionsto which the Tracy City Councilappoints members:
1. TracyPlanningAreameansthegeographicalareadefinedintheCityofTracyGeneral Plan and any amendments thereto.
2. City of Tracy meanswithin the city limits of the City of Tracy.
3. Citizen meansa residentof the City of Tracy.
2 4. Tracy School Districtmeansthe geographicalarea served by the Tracy UnifiedSchool District.
5. Sphere of Influence shall be the geographical area approved by the Local Agency Formation Commission ( LAFCo) of San Joaquin County and any amendments thereto.
B. Residency, as defined above and as setforth inthe applicablebylawsfor each board or commission, shall beverified annuallyby the CityClerk. The residencymust be verifiable by any of the following means:
Voter registration,
2. Current California Driver' s License or Identification,
3. Utility bill information ( phone, water, cable, etc.),
4. Federal or State tax returns.
C. Members of boards or commissions shall notify the City Clerk in writing within thirty ( 30) days of any change in residency. If the change in residency results in the board member or commissioner no longer meeting the residency requirements, the member shall tender their resignation to the City Clerk who shall forward it to the City Council. 3 ATTACHMENT B
Suggested Youth Interview Questions for the Youth Advisory Commission
1. Why do you want to be a Youth Advisory Commissioner?
2. As a YAC Commissioner, what would you expect your responsibilities to be?
3. Describe your leadership experience in school clubs, student government, youth groups, sports organizations, music, church, etc… which experience do you consider to be your most important?
4. What extracurricular activities do you expect to be involved in? How do you plan to balance your time to fit everything in? If chosen to be on the commission, what is your availability?
5. What do you think is the best way to outreach to teens and engage them in our programs?
Suggested Adult Interview Questions for the Youth Advisory Commission
1. Why do you want to be an Adult Youth Advisory Commissioner?
2. Describe your experience working with youth.
3. Tell us what skills you possess that will benefit YAC and teens in Tracy.
4. How do you plan on balancing your job, family, and involvement in the community with YAC?
5. What do you consider your most important leadership experience and why?