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

• Tracy Arts Commission, Certificates of Appointment and Recognition

1. CONSENT CALENDAR

A. Minutes Approval

B. Award a Construction Contract to Teichert Construction, of Stockton, California, for Construction of Shoulder Backing at Various Locations - 2009 Project - CIP 73120, and Authorize the Mayor to Execute the Construction Contract

C. Acceptance of Off-Site Improvements Completed by the Kitchell Development Company for Red Maple Village on the Northeast Corner of Tracy Boulevard and Valpico Road

D. Approve an Appropriation of $1,614,306 American Recovery and Reinvestment Act (ARRA) Funds for the Bessie Avenue Reconstruction Project Phase 1 (Eleventh Street to Carlton Way) - CIPs 73101, 74076, 74082, 74086, 75095, 75101, 76027 (Federal Project Number ESPL 5192(028))

E. Award a Construction Contract to Knife River Construction, of Stockton, California, for the Water Line Replacement on Carlton Way (Between Holly Drive and Tracy Boulevard) - CIP 75096, Authorize the Transfer of Funds in the Amount of $80,000 from Fund (F 511) to Street Patch and Overlay Project CIP 73117, and Authorize the Mayor to Execute the Construction Contract

F. Authorization for the Mayor to Execute a Settlement Agreement and General Release Between the City of Tracy and Tracy Material Recovery and Solid Waste Transfer, Inc.

G. Approving the 2010 Calendar Year Budget for the Operation of the Tracy Material Recovery Facility and Solid Waste Transfer Station

H. Authorization of a Letter of Agreement with the U.S. Bureau of Reclamation for Review and Consideration of the City of Tracy/Semitropic Water Storage District Water Banking Project and Authorization for the City Manager to Execute the Agreement

I. Authorize a Five-Year Ground Lease Agreement between the City of Tracy and J. Lombardi Farms, a General Partnership, for Farming Operations on City Property Located at the New Jerusalem Airport and Authorize the Mayor to Execute the Agreement

J. Authorize a Ground Lease Between the City of Tracy and Mizuno Farms, Inc. for Farming Operations on City Property Located at the Corner of 11th Street and Chrisman Road, and Authorize the Mayor to Execute the Lease

K. Award a Construction Contract to Tim Paxin’s Pacific Excavation, Inc., of Elk Grove, California, for the Traffic Signal Coordination – Grant Line Road Project - CIP 72063, in the Amount of $159,380 and Authorize the Mayor to Execute the Contract

L. Award a Construction Contract to May-Han-Electric Inc. (Dba M & M Electric) of Sacramento, California, for the Traffic Signal Coordination – Tracy Boulevard Project - CIP 72064, in the Amount of $106,400 and Authorize the Mayor to Execute the Contract

M. Council to Make a Finding that it is in the Best Interest of the City to Waive the Formal Request for Proposal Process and that Council Approve Second Year Work on the Geographic Information System (GIS) for Public Works Utility System and Citywide GIS and Authorize the Mayor to Sign the Agreement with CH2M Hill

N. Adopt an Early Exit Incentive and Severance for City of Tracy Employees Represented by Tracy Mid-Managers Bargaining Unit

O. Approval of a Supplemental Appropriation of $300,000 from the RSP Fund (Formerly RSP Drainage) for the Purpose of Making a 10-Year Payment to the West Side Irrigation District

2. ITEMS FROM THE AUDIENCE

3. CONDUCT A PUBLIC HEARING AND RECEIVE TESTIMONY REGARDING THE ESTABLISHMENT OF THE DOWNTOWN TRACY PROPERTY AND BUSINESS IMPROVEMENT DISTRICT AND ADOPT A RESOLUTION OF FORMATION

4. PUBLIC HEARING TO CONSIDER AMENDMENTS TO THE CLOVER PLACE SHOPPING CENTER PLANNED UNIT DEVELOPMENT FOR CONSTRUCTION OF TWO BUILDINGS TOTALING 33,474 SQUARE FEET FOR COMMERCIAL USES ON A 1.91-ACRE PARCEL LOCATED ON THE NORTH SIDE OF CLOVER ROAD, EAST OF AND ADJACENT TO 545 WEST CLOVER ROAD – APN 214-210-05 – APPLICATION NUMBER D09-0013

5. PUBLIC HEARING TO CONSIDER AN AMENDMENT TO THE I-205 CORRIDOR SPECIFIC PLAN APPENDIX A, PERMITTED AND CONDITIONALLY PERMITTED LAND USES – APPLICATION NUMBER SPA09-0002

6. UPDATE AND DIRECTION REGARDING THE STATUS OF THE GENERAL PLAN AMENDMENT, PROPOSED SPHERE OF INFLUENCE BOUNDARY CHANGES AND RELATED ENVIRONMENTAL DOCUMENTATION

7. DISCUSSION AND UPDATE ON CITYWIDE SUSTAINABILITY STRATEGY AND APPROVAL OF ENERGY EFFICIENCY AND CONSERVATION STRATEGY

8. APPROVE A LIST OF CITY OF TRACY PROJECTS FOR SAN JOAQUIN COUNCIL OF GOVERNMENT’S ONE VOICE TRIP TO WASHINGTON D.C., FOR CONGRESSIONAL FUNDING APPROPRIATION

9. APPOINT THREE APPLICANTS TO THE PARKS AND COMMUNITY SERVICES COMMISSION

10. STAFF ITEMS

A. Response to Comments by Brian Van Lehn and Leanne Van Lehn Relative to their Concern Regarding Noise Emissions from the Leprino Foods Operation

B. Accept the Fleet Utilization Study Summary Report and Presentation

C. Information Regarding the Department of Water Resources Requirement to Adopt Water Efficient Landscape Ordinance for the Design of Public and Private Property Landscaping

11. ITEMS FROM THE AUDIENCE

12. COUNCIL ITEMS

13. ADJOURNMENT