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City Council Agendas > September 1st, 2009

September 1st, 2009

Regular and Special Meetings:

TRACY CITY COUNCIL                       REGULAR MEETING AGENDA
                     
City Council Chambers, 333 Civic Center Plaza       
Web Site:  www.ci.tracy.ca.us
 
Americans with Disabilities Act - The City of Tracy complies with the Americans with Disabilities Act and makes all reasonable accommodations for the disabled to participate in Council meetings. Persons requiring assistance or auxiliary aids should call City Hall (209/831-6000) 24 hours prior to the meeting.

Addressing the Council on Items on the Agenda - The Brown Act provides that every regular Council meeting shall provide an opportunity for the public to address the Council on any item within its jurisdiction before or during the Council's consideration of the item, provided no action shall be taken on any item not on the agenda. Each citizen will be allowed a maximum of five minutes for input or testimony. At the Mayor’s discretion, additional time may be granted. The City Clerk shall be the timekeeper.

Consent Calendar - All items listed on the Consent Calendar are considered routine and/or consistent with previous Council direction. A motion and roll call vote may enact the entire Consent Calendar. No separate discussion of Consent Calendar items will occur unless members of the City Council, City staff or the public request discussion on a specific item at the beginning of the meeting.

Addressing the Council on Items not on the Agenda – The Brown Act prohibits discussion or action on items not on the posted agenda. Individuals addressing the Council should state their names and addresses for the record, and for contact information. “Items from the Audience” following the Consent Calendar will be limited to 15 minutes. “Items from the Audience” listed near the end of the agenda will not have a maximum time limit. The five minute maximum time limit for each speaker applies to all "Items from the Audience." Any item not on the agenda, brought up by the public shall automatically be referred to staff. In accordance with Council policy, if staff is not able to resolve the matter satisfactorily, the item shall be placed on an agenda within 30 days. When citizens address the Council, speakers should be as specific as possible about their concerns. If several speakers comment on the same issue, an effort should be made to avoid repetition of views already expressed.

Presentations to Council - Persons who wish to make presentations which may exceed the time limits are encouraged to submit comments in writing at the earliest possible time to ensure distribution to Council and other interested parties. Requests for letters to be read into the record will be granted only upon approval of the majority of the Council. Power Point (or similar) presentations need to be provided to the City Clerk’s office at least 24 hours prior to the meeting. All presentations must comply with the applicable time limits. Prior to the presentation, a hard copy of the Power Point (or similar) presentation will be provided to the City Clerk’s office for inclusion in the record of the meeting and copies shall be provided to the Council. Failure to comply will result in the presentation being rejected. Any materials distributed to a majority of the Council regarding an item on the agenda shall be made available for public inspection at the City Clerk’s office (address above) during regular business hours.
Notice - A 90 day limit is set by law for filing challenges in the Superior Court to certain City administrative decisions and orders when those decisions or orders require: (1) a hearing by law, (2) the receipt of evidence, and (3) the exercise of discretion. The 90 day limit begins on the date the decision is final (Code of Civil Procedure Section 1094.6). Further, if you challenge a City Council action in court, you may be limited, by California law, including but not limited to Government Code Section 65009, to raising only those issues you or someone else raised during the public hearing, or raised in written correspondence delivered to the City Council prior to or at the public hearing.
 
 
Full copies of the agenda are available for review at City Hall, 333 Civic Center Plaza, the Tracy Public Library, 20 East Eaton Avenue, and on the City's website www.ci.tracy.ca.us
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CALL TO ORDER
PLEDGE OF ALLEGIANCE
INVOCATION
ROLL CALL
PRESENTATIONS
  • Employee of the Month
  • Proclamation – Ken Cefalo, Main Street Music
  • Introduction of YAC Commissioners
  • Stephen Qualls, Central Valley Regional Public Affairs Manager, League of CA Cities

1. CONSENT CALENDAR

A. Minutes Approval

B. Award a Construction Contract to Nor-Cal Concrete, Inc., of Suisun, California, for Construction of the Sidewalks/ADA Improvements Project, Phase 2 - CIP 73115, and 73118, and Authorize the Mayor to Execute the Construction Contract

C. Reject Protests by Lemke Homes and BC Construction and Award a Construction Contract to the Public Restroom Company of Reno, Nevada for the Dr. Powers Park Restroom - CIP 78114 (Formerly CIP 78B4), and Authorize the Mayor to Execute the Contract

D. Reject the Lowest Non-Responsive Bid Provided by Interstate Decorative Concrete and Award a Construction Contract to Capital Commercial Flooring, Inc., of Sacramento, California, for Construction of the Community Center Rehabilitation (Flooring) Project - CIP 78108, and Authorize the Mayor to Execute the Construction Contract

E. Approve a Deferred Improvement Agreement (DIA) with Michael Bogetti of Tracy Orchard Inc., Owner of the Orchard Plaza, to Authorize Deferment of Infill Development Impact Fees in the Amount of $348,763.24, and Authorization for the Mayor to Execute the DIA, and Authorization for the City Clerk to File the DIA with the San Joaquin County Recorder

F. Authorization to Award the Purchase of Replacement Police Department 911 Telephone Equipment through a State of California Department of General Services, Telecommunications Division Grant and Appropriation of Grant Funds

G. Approve a Memorandum Of Understanding (MOU) with the County of San Joaquin, and the Cities of Lodi, Manteca, and Stockton to Submit a Joint Application to the U.S. Department of Justice to Receive a $30,000 Share of Funding from the Edward Byrne Memorial Justice Assistance Grant Program (JAG) 2009, Authorize the City Manager to Sign the MOU, and Appropriate $30,000 from the General Fund to Pay for Grant Funded Equipment and Technological Enhancements

H. Approve Response to the San Joaquin County Grand Jury Report on Information Systems Security and Authorize the Mayor to Sign the Response


2. ITEMS FROM THE AUDIENCE

3. AUTHORIZATION TO ADOPT TRAFFIC CALMING POLICY AND AN ANNUAL TRAFFIC CALMING PROGRAM IN THE CITY

4. INTRODUCE ORDINANCE AMENDING CHAPTER 4.20, REGULATION OF MASSAGE, OF THE TRACY MUNICIPAL CODE, INCLUDING SECTIONS 4.20.010, 4.20.020, 4.20.080, 4.20.090, 4.20.140, 4.20.150, 4.20.240 AND ADDING A NEW SECTION 4.20.155

5. SECOND READING AND ADOPTION OF ORDINANCE 1138 AN ORDINANCE OF THE CITY OF TRACY AMENDING VARIOUS SECTIONS OF, AND ADDING NEW SECTION 2.20.262 TO, CHAPTER 2.20 OF TITLE 2 OF THE TRACY MUNICIPAL CODE (CONTRACTS AND PURCHASING) AND ADOPTION OF A RESOLUTION ELECTING, UNDER PUBLIC CONTRACT CODE SECTION 22030, TO BE SUBJECT TO THE UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING PROCEDURES

6. ITEMS FROM THE AUDIENCE

7. STAFF ITEMS

A. Receive Update on Request for Proposals for the Fire Department Emergency Medical Services Cost Recovery Program and Adoption of the Emergency Medical Services Policy and Procedure

8. COUNCIL ITEMS

A. Consideration of a Request Submitted by Brian and Leanne Van Lehn Relative to their Concern Regarding the Enforcement Efforts of Noise Emissions from the Leprino Foods Operation

B. Select a Date for the Joint Workshop with Tracy City Council and the Tracy Unified School District (TUSD) Board of Trustees to Discuss Joint Use or Joint Development Opportunities Between the City of Tracy and TUSD

C. The City Council Appoint One City Council Member to the League of California Cities (LOCC) Central Valley Division Executive Committee

D. Appointment of City Council Subcommittee to Interview Applicants for a Vacancy on the Planning Commission

9. ADJOURNMENT
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