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, July 1, 2025, 6:15 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: 2562 955 3115 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 25629553115 #8722922# o 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
July 1, 2025 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. By motion, (1) Establish interview protocols to fill two vacancies on the City of Tracy Environmental Sustainability Commission; (2) Conduct interviews of two applicants for two vacancies; and (3) Upon conclusion of the interviews, appoint applicants to fill two vacancies and establish an eligibility list, if appropriate.
5.A -Staff Report - Environmental Sustainability Commission - Establishing Public Appointment Protocols.pdf
6. Council Items and Comments
7. Adjournment
Posting Date: June 26, 2025
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.
July 1, 2025
Agenda Item 5.A
RECOMMENDATION
By motion, (1) Establish interview protocols to fill two vacancies on the City of Tracy Environmental Sustainability Commission; (2) Conduct interviews of two applicants for two vacancies; and (3) Upon conclusion of the interviews, appoint applicants to fill two vacancies and establish an eligibility list, if appropriate.
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. One vacancy existed, as of April 22, 2025, on the City of Tracy’s (City) Environmental Sustainability Commission. The recruitment to fill the vacant position opened on April 25, 2025, through May 15, 2025, and two applications were received. On May 20, 2025, an additional vacancy occurred.
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 protocols and then will proceed with the interview process itself.
BACKGROUND AND LEGISLATIVE HISTORY
The City Council’s current selection process for appointment to Council boards, commissions, or committees 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 remaining and when filled 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 meet residency requirements contained in the policy.
On April 25, 2025, the City Clerk opened a recruitment to fill one vacancy on the Environmental Sustainability Commission and two applications were received. A second vacancy occurred on May 20, 2025.
The initial vacancy occurred due to the Commissioner moving outside of the City of Tracy City Limits. Per the bylaws that were adopted by City Council Resolution 2010-022:
Agenda Item 5.A
July 1, 2025
Membership. The Environmental Sustainability Commission shall consist of seven (7) members. The composition of the Commission will include five (5) adult residents, and two (2) youth residents (that are considered high school students up to and including their senior graduating year) with desirable backgrounds and expertise in specified areas of environmental sustainability practices, such as the water, wastewater, solid waste, Climate Action, landscape/urban forest, and/or sustainable energy.
The additional vacancy occurred due to the removal of a Commissioner from the Environmental Sustainability Commission for lack of attendance. Per the bylaws that were adopted by City Council Resolution 2010-022:
Attendance. If a member of the Environmental Sustainability Commission fails to attend two (2) regular meetings in any calendar year, his or her position on the Environmental Sustainability Commission shall automatically become vacant and the staff liaison shall so inform the City Clerk. Absences may not be excused, subject to Section 4 below. For quorum confirmation, a member who is unable to attend a meeting shall inform the staff liaison designated by the relevant City Department at least 48 hours before the next meeting.
If both applicants are selected, one applicant will serve the remainder of the term that will begin June 18, 2025, and end December 31, 2025. Since the expiration of the term ends on December 31, 2025, the second selected applicant will serve the remainder of the term plus a full 2-year term, their term will begin June 18, 2025 and end on December 31, 2027. The selected applicant will fill the remainder of that vacated term that will begin upon appointment and end on December 31, 2027.
ANALYSIS
A. Determining Interview Protocols
On April 16, 2024, the City Council established interview protocols, listed below, and conducted interviews to successfully fill two vacancies on the Planning Commission. The City Council may elect to implement the same protocols used to fill the vacancies on the Planning Commission.
Then, the City Council will need to determine which interview questions to ask the applicants.
The City Council may select interview questions that were used as a part of the previous appointment policy (in which a subcommittee of the City Council conducted interviews of the applicants). 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.
Agenda Item 5.A
July 1, 2025
As for time allocation, the City Council is advised to consider that the entire process, including the interviewing of one applicant and appointing of one candidate, is anticipated to be completed within the scheduled meeting time of 30 minutes. Based on this, below is a suggested process:
1) Agree that each Councilmember ask one question for a total of 5 questions. 2) Determine the five interview questions to ask the applicants. 3) Allow each applicant two minutes to respond to each question (total of 10 minutes per applicant)
4) Interview applicants in alphabetical order, by last name. 5) Allocate up to 5 minutes for each Councilmember for follow-up questions. 6) Allocate up to 10 minutes for the total City Council discussion.
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 Environmental Sustainability Commission. Upon receiving the recommendations of all Council Members, the Mayor will propose one appointee to the Environmental Sustainability Commission, which shall be approved or disapproved, 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 City Council disapproves of the appointee proposed by the Mayor, the Mayor shall propose an alternate appointee, which shall be either approved or disapproved by the City Council, by majority vote. The process shall continue until one vacancy on the Environmental Sustainability Commission is filled; the Mayor may elect to reopen the application process if no appointee is approved through this process.
If there is more than one qualified candidate, the City Council may establish an eligibility list that will be used by the Mayor to fill future vacancies that occur within the following twelve (12) months.
B. Applicant Materials
As noted above, the City received two applications for two vacancies on the Environmental Sustainability Commission A copy of the applications are 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.
FISCAL IMPACT
There is no fiscal impact as a result of this agenda item.
Agenda Item 5.A
July 1, 2025
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
By motion, (1) Establish interview protocols to fill one vacancy on the City of Tracy Environmental Sustainability Commission; (2) Conduct interviews of one applicant for one vacancy; and (3) Upon conclusion of the interviews, appoint an applicant to fill one vacancy and establish an eligibility list, if appropriate.
Prepared by: Necy Lopez, Deputy City Clerk
Reviewed by: Arturo Sanchez, Assistant City Manager
Matthew Summers, Interim Assistant City Attorney
Approved by: Midori Lichtwardt, City Manager
Attachments:
A – Council Policy Establishing a Selection Process for Appointments to City Advisory Bodies
B – Suggested Interview Questions for the Environmental Sustainability Commission C – Candidate Applications for Environmental Sustainability 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, '
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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 Suggested Environmental Sustainability Commission Interview Questions
BACKGROUND
The purpose of the Commission is to develop comprehensive, integrated environmental policies for implementation by the City to protect and enhance the City’s air, water, and land.
As a Commissioner, you would be acting as an advocate for protecting, preserving, and enhancing the environment as it relates to issues under consideration by the City Council and Planning Commission.
The role of the Environmental Sustainability Commission is to provide citizen, youth, and community perspective and input on the development on emerging policy issues related to environmental sustainability, updates to the Climate Action Plan, and receive periodic progress reports from staff on meeting climate action goals.
1. Do you think the environment, economy and society all play a part in environmental sustainability? Why?
2. Please provide some examples of environmental sustainability.
3. How would you teach/share environmental sustainability practices or ideas to your peers or fellow community members?
4. What do you feel are the benefits of sustainability?
5. Please describe what you think needs to be done for the City of Tracy to design a sustainable future?
6. One of the top environmental problems facing the world is the challenge of natural resource use, what ideas can you share that would benefit the City of Tracy now and help preserve our resources in the future?
7. Buildings can have a big impact on energy use and carbon emissions. What suggestions would you share with your peers when it comes to potential building projects that may be presented to the Planning Commission?
8. How do you feel about making a decision for the overall good of the community that may be unpopular with neighbors, organizations or against what you believe in?
9. Why do you want to be a member of the Environmental Sustainability Commission?
10. How will you foster teamwork and cooperation among Commissioners? How would you handle a situation where a fellow commissioner is going beyond commission parameters?
Attachment B
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 C