TRACY CITY COUNCIL TRACY CITY COUNCIL REGULAR by wulinqing

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									        TRACY CITY COUNCIL                                         REGULAR MEETING AGENDA

                                     Tuesday, May 4, 2010, 7:00 p.m.

         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
member of the public may request a Council Member to sponsor the item for discussion at a future
meeting. 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 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
City Council Agenda                         2                                  May 4, 2010


CALL TO ORDER
PLEDGE OF ALLEGIANCE
INVOCATION
ROLL CALL
PRESENTATIONS:        Employee of the Month
                      D.A.R.E Awards
      Proclamations - “Older Americans Month”
                      “Building Safety Month”
                      “Bike to Work Day”


1.    CONSENT CALENDAR

      A.     Minutes Approval

      B.     Authorization for the Chief of Police to Execute a Memorandum of Understanding
             with the Sacramento Valley Hi-Tech Task Force to Jointly Combat Crimes
             Against Children, Financial Crimes and Computer Crimes

      C.     Adopt Resolution Authorizing The City Manager To Execute Any Documents
             Necessary For The Purpose Of Obtaining Proposition 63 Funds In The Amount
             Of $250,000 For The Mayor’s Community Youth Support Network


2.    ITEMS FROM THE AUDIENCE

3.    ADOPTION OF RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO
      THE CONTRACT BETWEEN THE CITY OF TRACY AND THE BOARD OF
      ADMINISTRATION OF THE PUBLIC EMPLOYEES’ RETIREMENT SYSTEM;
      INTRODUCE AN ORDINANCE AUTHORIZING THE AMENDMENT TO THE
      CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM PLAN FOR ‘3% AT 55
      FULL FORMULA’ BENEFIT FOR SAFETY PLAN (POLICE MEMBERS ONLY) HIRED
      ON OR AFTER JULY 1, 2010

4.    APPROVE AMENDMENTS TO THE CITY’S RETAIL INCENTIVE PROGRAM, WHICH
      INCLUDE THE ESTABLISHMENT OF A WEST VALLEY MALL REVITALIZATION
      PROGRAM; AUTHORIZE STAFF TO NEGOTIATE AND DRAFT FINANCIAL
      INCENTIVE AGREEMENT(S); AND APPROPRIATE UP TO $75,000 FROM THE RSP
      FUND FOR COSTS ASSOCIATED WITH NEGOTIATING AND DRAFTING THE
      AGREEMENT(S)

5.    ADOPT A RESOLUTION OF INTENTION TO DISESTABLISH THE DOWNTOWN
      TRACY BUSINESS IMPROVEMENT DISTRICT (DTBIA) AND SET A PUBLIC
      HEARING FOR MAY 18, 2010

6.    CONSIDERATION AND ADOPTION OF STANDARD PROCEDURES FOR ISSUING
      CEREMONIAL DOCUMENTS

7.    ITEMS FROM THE AUDIENCE

8.    STAFF ITEMS
City Council Agenda                        3                                May 4, 2010



      A.     Receive Status Report on the Economic Development Strategy and Provide
             Input on Strategic Goals and Objectives

9.    COUNCIL ITEMS

10.   ADJOURNMENT
                     TRACY CITY COUNCIL - SPECIAL MEETING MINUTES

                                     April 20, 2010, 5:00 p.m.

                         Council Chambers, 333 Civic Center Plaza, Tracy


1.   CALL TO ORDER – Mayor Pro Tem Tucker called the meeting to order at 5:03 p.m. for
     the purpose of a closed session to discuss the items outlined below.

2.   ROLL CALL – Roll call found Council Members Abercrombie, Maciel, Tolbert and Mayor
     Pro Tem Tucker present; Mayor Ives absent.

3.   ITEMS FROM THE AUDIENCE - None

4.   CLOSED SESSION –

     A.       Initiation of Litigation (Government Code section 54956.9(c))

          •   Number of cases – One

     B.       Labor Negotiations (Government Code section 54957.6)

          •   Employee Organization

              Tracy Firefighters’ Association

          •   City’s designated representatives: Maria Olvera, Director of Human Resources;
              Zane Johnston, Director of Finance and Administrative Services; David Bramell,
              Acting Fire Chief

     C.       Pending Litigation (Government Code section 54956.9(a) and (b))

          •   Andrade v. City of Tracy
              San Joaquin County Superior Court Case No. 39-2008-00190388-CU-PO-STK

          •   Claim of Christopher Bosch

5.   MOTION TO RECESS TO CLOSED SESSION – Council Member Abercrombie
     motioned to recess the meeting to closed session at 5:04 p.m. Council Member
     Tolbert seconded the motion. Voice vote found Council Members Abercrombie,
     Maciel, Tolbert and Mayor Pro Tem Tucker in favor; Mayor Ives absent. Motion carried
     4:0:1.

6.   RECONVENE TO OPEN SESSION – Mayor Pro Tem Tucker reconvened the meeting
     into open session at 6:25 p.m.
     Special Meeting Minutes                    2                                  April 20, 2010


7.      REPORT OF FINAL ACTION - Council Member Abercrombie moved to authorize the
        City Attorney to enter into a Settlement and Tolling Agreement with the California
        Regional Water Quality Control Board regarding the permit and time schedule order for
        the City of Tracy’s Wastewater Treatment Plant pursuant to the terms set forth in closed
        session. Council Member Tolbert seconded the motion. Voice vote found Council
        Members Abercrombie, Maciel, Tolbert and Mayor Pro Tem Tucker in favor; Mayor Ives
        absent. Motion carried: 4:0:1.

        In the matter of Andrade v. City of Tracy, San Joaquin County Superior Court Case No.
        39-2008-00190388-CU-PO-STK, Council Member Abercrombie moved to authorize the
        City to make a settlement offer as disclosed in closed session. If accepted by the
        Plaintiff, it will become final upon execution of a release by all parties and filing a
        dismissal with the Court. Council Member Tolbert seconded the motion. Voice vote
        found Council Members Abercrombie, Maciel, Tolbert and Mayor Pro Tem Tucker in
        favor; Mayor Ives absent. Motion carried: 4:0:1.

8.      ADJOURNMENT – It was moved by Council Member Abercrombie and seconded by
        Council Member Maciel to adjourn. Voice vote found Council Members Abercrombie,
        Maciel and Mayor Pro Tem Tucker in favor; Mayor Ives absent. Motion carried 4:0:1.
        Time: 6:26 p.m.

The agenda was posted at City Hall on April 15, 2010.



                                                        __________________________
                                                        Mayor Pro Tem

ATTEST:

______________________
City Clerk
                                                                                 May 4, 2010

                                  AGENDA ITEM 1.B

REQUEST

       AUTHORIZATION FOR THE CHIEF OF POLICE TO EXECUTE A MEMORANDUM
       OF UNDERSTANDING WITH THE SACRAMENTO VALLEY HI-TECH TASK FORCE
       TO JOINTLY COMBAT CRIMES AGAINST CHILDREN, FINANCIAL CRIMES AND
       COMPUTER CRIMES

EXECUTIVE SUMMARY

       In exchange for access to statistics from The City of Tracy Police Department on crimes
       against children, financial crimes, identity theft and computer based fraud the
       Sacramento Valley Hi-Tech Crimes Task force provides, at no cost, the City of Tracy
       Police Department the forensic training and equipment necessary to investigate those
       crimes.

DISCUSSION

       The Hi-Tech Task Force is a grant-funded, multi-law enforcement agency endeavor
       operating out of the Sacramento area designed to identify, investigate, prosecute and
       remove high technology criminals, internet predators, and identity thieves from the
       community. The expertise the task force has developed since its inception has resulted
       in the successful prosecution of organized crime efforts, internet sexual predators,
       identity thieves, narcotics traffickers and other criminals operating on the World Wide
       Web. The task force, in exchange for statistical information from the Tracy Police
       Department, will train three investigators and provide the forensic equipment necessary
       to efficiently investigate and successfully prosecute internet criminals.

FISCAL IMPACT

       None

RECOMMENDATION

       Staff recommends the City Council authorize, by resolution, entering into the
       memorandum of understanding (MOU) between the City of Tracy and the Sacramento
       Valley Hi-Tech Task Force as outlined in the MOU and authorize the Police Chief to
       execute the MOU.

Prepared by: Diane Manuel, Executive Assistant

Reviewed by: Janet M. Thiessen, Chief of Police

Approved by: R. Leon Churchill, Jr., City Manager
    High Technology Theft Apprehension and Prosecution Program
            Sacramento Valley Hi-Tech Crimes Task Force
               MEMORANDUM OF UNDERSTANDING

Parties
The Sacramento Valley Hi-Tech Crimes Task Force is a partially grant-funded, multi-
agency endeavor. Grant funding comes from the California Emergency Management
Agency

This Memorandum of Understanding is entered into by and between the following
agencies:

Tracy Police Department and the Sacramento County Sheriff’s Department.

Nothing in this Memorandum of Understanding should be construed as limiting or impeding
the basic spirit of cooperation that exists between the participating parties.

Purpose
The purpose of this Memorandum of Understanding (MOU) is
1) to outline the mission and procedures of the Sacramento Valley Hi-Tech Crimes Task
   Force (hereinafter referred to as “Task Force”); and
2) to formalize relationships between the participating agencies.

Mission
The High Technology Crime Program is designed to remove high technology and identity
theft criminals from our community. The program is created on the premise that the ability
of law enforcement to properly investigate and prosecute high technology-related and
identity theft crimes will have far reaching effects on a wide variety of criminal activities,
including computer component theft, gray marketing of technology, narcotic trafficking,
gambling, Internet-related crimes, telecommunication fraud, and identity theft. The mission
of the Task Force will be to arrest and successfully prosecute individuals engaged in these
criminal pursuits to create a safer community for the overall Sacramento region. To that
end, the participating agencies agree on this MOU and execute this document concerning
the formation of the Task Force. The participating agencies jointly and separately agree to
abide by the terms and provisions of this MOU throughout the duration of the joint
operation.

Goals
The High Technology Crime Program will:
1) identify, investigate, arrest, and assist in the prosecution of individuals who commit
   various forms of high technology and identity theft crimes;
2) similarly target those individuals who are suspected of being currently engaged in high
   technology and identity theft criminal activity or who demonstrate (i.e., gang or
   organized crime association) a propensity to do so;
High Technology Theft Apprehension and Prosecution Program
Memorandum of Understanding
Page 2


3) surveil those suspected of having committed a high technology or identity theft crime or
   series of crimes to establish probable cause to arrest them;
4) maintain communications with the participating agencies and other divisions of the
   Sacramento County Sheriff's Department to realize maximum effective use of the Task
   Force’s resources and minimize the chances of damage or interference with any other
   program;
5) coordinate these efforts with allied agencies who request assistance while working
   toward similar targets or goals;
6) provide education to the public, business representatives, and law enforcement officers
   relative to current criminal trends and prevention techniques; and
7) provide additional education to law enforcement officers relative to investigative
   techniques.

Procedures
The Sacramento County Sheriff's Department will assign a captain and a lieutenant to
administer the program, and assign sergeants to provide immediate supervision. The Task
Force will include personnel from local, state, and federal agencies who have expressed a
desire to participate as members of the unit. The manpower of the Task Force will
fluctuate according to the number of persons each agency is able to provide. The Task
Force will work closely with prosecutors representing the participating agencies.

Targets of the program will include those individuals who are candidates for vertical
prosecution at either the state or federal level.

Targets will be selected by:

1) screening and identifying leaders of organized groups,
2) screening of wanted subjects,
3) identification of individuals by law enforcement agencies, the high technology
   industry, the insurance industry, and financial businesses, and
4) analysis and other methodology.

Composition of the Task Force
The Task Force will initially consist of sworn law enforcement officers/agents or
prosecutors from each participating agency. Each agency agrees to provide at least one
officer/agent or prosecutor. It is understood that other agencies who subsequently join the
Task Force may participate on a full-time or part-time basis. Names and contact
information for allied agencies participating on the Task Force will be kept on file at the
Task Force office.
High Technology Theft Apprehension and Prosecution Program
Memorandum of Understanding
Page 3


Policy and Direction
The policy and direction of the Task Force will be consistent with and governed by the
Mission, Goals, and Procedures statements of this document. Direction of field
investigative personnel will be administered by the Sacramento County Sheriff's
Department and shall not be outside the scope of the policies and procedures of the
participating agencies.

Confidential Information
It is understood that any confidential information relating to investigations or proprietary
business systems, processes, or information will only be shared with participating Task
Force members or other law enforcement agencies having a “need to know.”

Location
The Task Force will operate from physical space leased by the Sacramento County
Sheriff's Department. The Sacramento County Sheriff's Department agrees to provide
office space, equipment and supplies necessary to carry out the administrative operation of
the Task Force. A Satellite Office for the Task Force is currently located in Modesto,
California, with physical space owned by Stanislaus County. The location of the Satellite
Office may change if an appropriate facility becomes available.

Program Coordinator
Program coordination will be administered by a captain assigned to the Hi-Tech Crimes
Division of the Sacramento County Sheriff's Department.

Supervision
Supervision of the sworn personnel assigned to the Task Force will be the responsibility of
sergeants assigned to the Hi-Tech Crimes Division of the Sacramento County Sheriff's
Department. The sergeants will determine the assignment of activities, will review all
reports, and will reserve the authority to approve or deny requests for overtime.
Supervision of Satellite Office Personnel will be the responsibility of the Stanislaus County
District Attorney’s Office.

Resources

      Support
       Each participating agency agrees to make available its resources in support of this
       program.

      Vehicles
       Each agency will supply vehicles for its participating personnel. The Sacramento
       Sheriff's Department will provide parking space.
High Technology Theft Apprehension and Prosecution Program
Memorandum of Understanding
Page 4



      Communication Equipment
       The Sacramento Police Department and Sacramento County Sheriff's Department
       agree to provide the Task Force with radios with both SSD and SPD frequencies.
       Each participating agency will supply their personnel with their agency's radios,
       pagers and cellular phones, if available.

      Safety Equipment
       Each participating agency will ensure that any representative assigned to the Task
       Force has all necessary safety equipment including, but not limited to, a ballistic
       protective vest, a handgun, handcuffs, etc.

Evidence/Seizure Forfeiture

All seized evidence will be handled in a manner consistent with the Sacramento Sheriff’s
Department policy. Any evidence seized by the Sacrament Valley Hi-Tech Crimes Task
Force which is not returned to an identified victim will be directed back to the High
Technology Theft Apprehension and Prosecution Program Grant. Once the evidence has
cleared all judicial and administrative forfeiture proceedings, they are considered “Project
Revenue” as specified within the Cal EMA 2009 Recipient Handbook (Section 6610.2) and
must be used in support of the goals and objectives of the grant. All final property
distributions will be recorded by Sacramento County Sheriff’s Department and an annual
report of such distributions shall be provided to all participating agencies upon request.

Personnel and Administrative Matters

      Shooting Investigations
       In the event of a shooting incident, it is agreed that the department in whose
       jurisdiction the shooting occurred will conduct the primary shooting investigation.
       The affected agencies may also conduct their own parallel investigations regarding
       the shooting according to their own policies and guidelines.

      Statistical Reporting
       All agencies operating under this MOU agree to submit statistical information on
       cases investigated, forensic examinations completed, technical assistance provided,
       training attended, training provided, and case convictions to the Task Force on a
       monthly basis. All statistical reports for the month will be due to the Task Force no
       later than five days after the following month. For example, statistical reports for the
       month of January will be due to the Task Force no later than February 5th.
High Technology Theft Apprehension and Prosecution Program
Memorandum of Understanding
Page 5


      Records and Reports
       All Task Force investigative records will be maintained at the Sacramento County
       Sheriff's Department. Agency representatives are expected to forward copies of
       their reports to their agencies. All investigative information will be available to each
       of the participating law enforcement agencies.

      Prosecution
       When necessary, case-by-case analysis will be performed on each potential
       prosecution (with conferral with the U.S. Attorney's office and the applicable District
       Attorney's Office) to determine whether the case will be prosecuted at the state or
       federal level. The criteria for the decision will be based upon which court system
       would be of greatest benefit to the overall objective of the Task Force, and upon the
       guidelines and policies of the prosecutorial agencies.

      Media Relations
       In cases of significant public interest, joint press releases may be made.
       Information regarding routine apprehensions may be furnished to the press by the
       lead agency and each agency's Press Information Officer will be notified. An annual
       report summarizing Task Force activities will be provided to each participating
       agency. All participating federal agencies will coordinate all press releases with the
       U.S. Attorney's Office.

      Liability
       Each agency shall assume the responsibility and liability for the acts and omissions
       of its own officers, agents, employees, or volunteers in connection with the
       performance of their official duties under this MOU. For tort liability purposes, no
       participating agency shall be considered the agent of the other participating
       agencies. Each participating agency shall be liable (if at all) only for the torts of its
       own personnel that occur within the scope of their official duties.

       The provisions contained herein include any violation of applicable law, ordinance,
       regulation, or rule, including where the claim, loss, damage, charge or expense was
       caused by deliberate or willful acts of any agency, or any of its agents, officers, or
       employees in its, or their performance hereunder.

       It is the intent of the parties hereto that, where negligence is determined to have
       been contributory, principles of comparative negligence will be followed and each
       party shall bear the proportionate cost of any loss, damage, expense and liability
       attributable to that party's negligence.
High Technology Theft Apprehension and Prosecution Program
Memorandum of Understanding
Page 6


       The agencies shall establish procedures to notify the other agencies where
       appropriate of any claims, administrative actions or legal actions with respect to any
       of the matters described in this indemnification provision. The agencies shall
       cooperate in the defense of such actions brought by others with respect to the
       matters covered in this MOU. Nothing set forth in this memorandum of
       understanding shall establish a standard of care for, or create any legal rights in,
       any person not a party to this MOU.

       Each party, at its sole cost and expense, shall carry insurance or self-insure its
       activities in connection with this MOU, and obtain and keep in force insurance or
       equivalent programs of self-insurance, for general liability, professional liability,
       workers’ compensation, and business automobile liability adequate to cover its
       potential liabilities hereunder.

      Non-waiver
       Waiver of any breach or default hereunder shall not constitute a continuing waiver
       or a waiver of any subsequent breach either of the same or of another provision of
       this MOU.

      Modification
       No waiver, alteration, modification, or termination of this MOU shall be valid unless
       made in writing and signed by the authorized parties hereof.

      Counterparts
       This MOU may be executed in one or more counterparts, each of which shall be
       deemed to be an original, but all of which together shall constitute but one and the
       same instrument.

      Captions
       The headings or captions to the Articles of this MOU are not a part of the MOU and
       shall have no effect upon the construction or interpretation of any part thereof.

      Severability
       If any term, covenant, or condition of this MOU is held by a court of competent
       jurisdiction to be invalid, the remainder of this MOU shall remain in full force and
       effect.

      Ambiguities
       The parties have each carefully reviewed this MOU and have agreed to each term
       of this MOU. No ambiguity shall be presumed to be construed against any other
       party.
High Technology Theft Apprehension and Prosecution Program
Memorandum of Understanding
Page 7


      Governing Law
       The interpretation and enforcement of the MOU shall be governed by the laws of
       the State of California, and where applicable, by federal law. The parties agree to
       submit any disputes arising under the MOU to a court of competent jurisdiction
       located in Sacramento, California.

      Terms of Agreement
       It is agreed that this Memorandum of Understanding will be in force from
       July 1, 2010 through June 30, 2013.

       Integration
       This MOU embodies the entire agreement of the parties in relation to the scope of
       services herein described, and no other agreement or understanding, verbal or
       otherwise, exists between the parties with the exception of contracts assigned
       pursuant to the issuance of high technology grant funds.




________________________________                __________________________________
JOHN MCGINNESS                                  Janet M. Thiessen
Sheriff                                         Chief of Police
Sacramento County Sheriff’s Department          Tracy Police Department

Date: ______________________                    Date: _____________________

Contact Information                           Contact Information
Contact Person:                               Contact Person:
Captain James Cooper                          Lt. Greg Farmanian
Mailing Address:                              Mailing Address:
P.O. Box 214327                               1000 Civic Center Drive
Sacramento, CA 95821                          Tracy, CA 95376
Phone:                                        Phone:
(916) 874-3007                                (209) 831-6536

FAX:                                          FAX:
(916) 874-3006                                (209) 831-4018

Email:                                        Email:
jcooper@sacsheriff.com                        greg.farmanian@ci.tracy.ca.us
                                  RESOLUTION ________

     AUTHORIZING THE CHIEF OF POLICE TO EXECUTE A MEMORANDUM OF
UNDERSTANDING WITH THE SACRAMENTO VALLEY HI-TECH TASK FORCE TO JOINTLY
 COMBAT CRIMES AGAINST CHILDREN, FINANCIAL CRIMES AND COMPUTER CRIMES

        WHEREAS, The proliferation of computer based crime has become a significant concern
to law enforcement; and

      WHEREAS, The Sacramento Valley Hi-Tech Task Force can provide the training and
equipment needed to successfully investigate and prosecute computer based crime; and

       WHEREAS, The training and equipment will be in exchange for statistical data from the
Tracy Police Department; and

      WHEREAS, The memorandum of understanding articulating the details of the
agreement is agreeable to the Tracy Police Department; and

        WHEREAS, The term of the agreement will be through June 30, 2013.

       NOW, THEREFORE, BE IT RESOLVED That the City Council does hereby authorize,
by resolution, the entry into a memorandum of understanding (MOU) with the Sacramento
Valley Hi-Tech Task Force and authorizes the Chief of Police to sign the MOU.


                                      **************

       The foregoing Resolution ________ is hereby passed and adopted by the Tracy City
Council this ________ day of ______________, 2010, by the following vote:


AYES:                COUNCIL MEMBERS

NOES:                COUNCIL MEMBERS

ABSENT:              COUNCIL MEMBERS

ABSTAIN:             COUNCIL MEMBERS


                                                  _________________________________
                                                  Mayor

ATTEST:


____________________________________
City Clerk
                                                                                   May 4, 2010

                                 AGENDA ITEM 1.C

REQUEST
     ADOPT RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE ANY
     DOCUMENTS NECESSARY FOR THE PURPOSE OF OBTAINING PROPOSITION 63
     FUNDS IN THE AMOUNT OF $250,000 FOR THE MAYOR’S COMMUNITY YOUTH
     SUPPORT NETWORK
EXECUTIVE SUMMARY
     Proposition 63, known as the Mental Health Act, funds were approved by California
     voters in November of 2004 general election. These funds may be used toward a broad
     continuum of community services, prevention, early intervention and service needs and
     the necessary infrastructure, technology and training that will effectively support mental
     health services. San Joaquin County Behavioral Health Services administers these
     funds on behalf of the State of California and has offered the City of Tracy a 16 month
     contract in the amount of $250,000 for services provided by the Mayor’s Community
     Youth Support Network (MCYSN) Service Provider Team members.

DISCUSSION
     Proposition 63, known as the Mental Health Services Act (MHSA) passed on November
     2, 2004. The Act provides increased funding, personnel and other resources to support
     county mental health programs and monitor progress toward statewide goals for
     children, transition age youth, adults, older adults and families. This Act imposes a 1%
     income tax on personal income in excess of $1 million. Much of the funding was
     provided to county mental health programs to fund programs consistent with their local
     plans.

     In August 2008, San Joaquin County Behavioral Health Services, Prevention and Early
     Intervention Planning coordinated a series of countywide community meetings to discuss
     an overview of MHSA planning activities, needs assessment findings and feedback as
     well as strategy discussions and prioritization. As a result, in April of 2009, the County
     released a Three Year Program and Expenditure Plan Executive Summary attached as
     ‘Exhibit A’.

     This plan outlined a $250,000 allocation for the Mayor’s Community Youth Support
     Network (MCYSN) to conduct community outreach and case management with high-risk
     youth. This funding matches the $200,000 committed by the City of Tracy through the
     MCYSN Reconnecting Our Youth Grant Program to support non-profits working in
     Tracy. As such, the $250,000 allows current service providers to expand current
     outreach, case management and family strengthening activities.

FISCAL IMPACT
     Receipt of County contract funds totaling $250,000 for the MCYSN Reconnecting Our
     Youth Grantees, expanding current services. There is no impact to the general fund.
     Proposition 63 funding will be distributed to MCYSN Service Providers through current
     grant agreements.
Agenda Item 1.C
May 4, 2010
Page 2


RECOMMENDATION
      Adopt resolution authorizing the City Manager to execute any documents necessary for
      the purpose of obtaining Proposition 63 funds in the amount of $250,000 for the Mayor’s
      Community Youth Support Network

Attachment: Exhibit A

Prepared by: Monica Gutierrez, Management Analyst
Reviewed by: Maria Hurtado, Assistant City Manager
Approved by: R. Leon Churchill, Jr., City Manager
                                                                            Exhibit A




                                        A-10-________

             SAN JOAQUIN COUNTY BEHAVIORAL HEALTH SERVICES
                     COMMUNITY SERVICE AGREEMENT

                                         City of Tracy
                  Mental Health Services Act: Prevention & Early Intervention
                         Mayor’s Youth Community Support Network
                                          2010-2011

This AGREEMENT made and entered into this day ______________, 2010 by and between the
COUNTY OF SAN JOAQUIN, a political subdivision of the State of California, acting through
BEHAVIORAL HEALTH SERVICES, (hereinafter “COUNTY”), and City of Tracy,
(hereinafter “CONTRACTOR”).

1. Scope of Contractor Services: The services to be performed by the CONTRACTOR under
   this Agreement shall include, but are not limited to, those items described in the Scope of
   CONTRACTOR’S Services, set forth in Exhibit A, attached hereto and incorporated herein.
   The CONTRACTOR shall provide the services under the direction of the COUNTY’S
   Director of Behavioral Health Services (DIRECTOR).

2. Governance: This contract shall be governed by the Short-Doyle Act (Welfare and
   Institutions (W&I) Code, Division 5, Title 9 of the California Administrative Code), Short
   Doyle and Short Doyle Medi-Cal policies as identified in policy letters, Mental Health
   Services Act, the Cost Reporting/Data Collection (CR/DC) Manual, and California
   Administrative Code (CAC), Title 22.

3. Term: The term of this agreement shall be for fourteen months from May 1, 2010 through
   June 30, 2011. Nothing in this Agreement shall be interpreted as requiring either party to
   renew or extend this Agreement.

4. Non-Discrimination Requirements: Non-discrimination requirements are set forth in Exhibit
   B, attached hereto and incorporated herein. DIRECTOR may determine patient eligibility
   under the Short-Doyle Act, the Medi-Cal Program, the Mental Health Services Act and the
   non-discrimination requirements. Patient rights shall comply with W&I Code, Division 5,
   Section 5325; and CAC, Title 9, Article 6.

5. Fiscal Provisions:

       a. COUNTY shall pay CONTRACTOR an amount not to exceed the maximum contract
          amount of $250,000 (Two Hundred Fifty Thousand and 00/100 Dollars) for the
          fourteen-month period. For fiscal year 2009-10, the COUNTY shall pay
          CONTRACTOR $25,000 (Twenty Five Thousand and 00/100 Dollars) for the first
          month and adjust to actual cost one month in arrears for the remaining month of the
          fiscal year, not to exceed the 2009-10 maximum amount of $50,000 (Fifty Thousand
          and 00/100 Dollars). For fiscal year 2010-11, the COUNTY shall pay
          CONTRACTOR $16,667 (Sixteen Thousand, Six Hundred Sixty Seven and 00/100
          Dollars) one-twelfth of the contract amount for the first month and adjust to actual
          cost one month in arrears for the remaining eleven months of the contract, not to
          exceed the 2010-11 maximum amount of $200,000 (Two Hundred Thousand and
          00/100 Dollars) for a twelve month period.

      b. Payment shall be made in accordance with the requirements as set forth in Exhibit C,
         attached hereto and incorporated herein.

      c. The basis of this agreement shall be a COST REIMBURSEMENT as agreed to by
         both parties and as provided for and governed by policies of the State Department of
         Mental Health. Payment shall not exceed CONTRACTOR’s actual costs. Payments
         for actual cost will start upon receipt of monthly actual cost invoice from
         CONTRACTOR, which shall be received by the COUNTY, no later than the 15th day
         of the following month. The final adjustment to cost or maximum contract, whichever
         is less, will be made at the end of the fiscal year.

      d. Upon the written approval of the DIRECTOR, CONTRACTOR may make line item
         changes in Exhibit C. CONTRACTOR may purchase equipment on behalf of the
         COUNTY by insuring that title is vested with COUNTY. DIRECTOR approval in
         writing must be obtained prior to equipment purchase and CONTRACTOR must
         submit an attachment listing all equipment purchased.

      e. CONTRACTOR shall maintain financial records that clearly reflect the cost of each
         type of service. Appropriate service and financial records must be maintained and
         retained for at least five years, or until audit findings are resolved, whichever is later.
         Any cost apportionment shall be made under generally accepted accounting principles
         and shall evidence proper audit trails reflecting the true cost of services.

      f. CONTRACTOR shall provide DIRECTOR quarterly financial statements within
         forty-five (45) days after the end of the quarter.

      g. CONTRACTOR agrees to limit indirect cost rates charged to the COUNTY in
         accordance with the COUNTY’S Indirect Rate Guideline.

      h. This agreement is contingent upon receiving State or Federal funds for the service
         described in Exhibit A. If the State Department of Mental Health disapproves this
         agreement, it shall be null and void.

6. Confidentiality:

      a. CONTRACTOR shall comply and require its officers, employees, agents and/or
         subcontractors to comply with all Health Insurance Portability and Accountability Act
         (HIPAA) regulations. CONTRACTOR will execute and comply with the Business Associate
         Contract Provision in Exhibit D, attached hereto and incorporated herein.

                                              2
      b. CONTRACTOR shall adhere to Confidentiality of Patient Records as specified under W&I
         Code, Section 5328; Code of Federal Regulations, Title 45, Section 205.50.

7. Compliance with Applicable Statutes, Ordinances and Regulations

      a. CONTRACTOR shall comply with the applicable Federal, State, County and local laws in
         performance of work under this Agreement. During the performance of this Agreement, the
         CONTRACTOR shall comply with all Federal, State, County and local laws, rules, and
         regulations applicable to its performance under this Agreement. Should Federal or State or
         County or local laws, rules, regulations or guidelines touching upon this Agreement be
         adopted or revised during the term hereof, the CONTRACTOR shall comply with them or
         notify the COUNTY, in writing, that it cannot so comply so that the COUNTY may take
         appropriate action.

      b. CONTRACTOR shall perform all services required pursuant to this Agreement in the
         manner and according to the standards observed by a competent practitioner of the
         profession in California. All products of whatsoever nature, which CONTRACTOR
         delivers to COUNTY pursuant to this Agreement, shall be prepared in a professional
         manner and conform to the standards of quality normally observed by a person
         practicing in CONTRACTOR’S profession.

      c. CONTRACTOR and its employees shall not engage in any activities that violate any
         laws, regulations, or rules, and shall adhere to the highest ethical standards of conduct
         in all business activities, including integrity, honesty, courtesy, respect and fairness.
         CONTRACTOR and its employees are expected to promptly report any activities that
         may be in violation of any COUNTY policies, standards of conduct or any federal,
         state or local laws, regulations, rules or guidelines. Any violations or alleged
         violations may be disclosed anonymously.

      d. CONTRACTOR shall be liable for knowingly presenting or causing to be presented,
         submitting or causing to be presented, a false or fraudulent claim, record or statement
         for payment (Federal False Claims Act - 31 United States Code, Chapter 37, Sections
         3729-3733), and California False Claims Act - Government Code, Sections 12650-
         12656.

      e. CONTRACTOR shall comply with all program integrity requirements including but not
         limited to those set forth in Exhibit E, attached hereto and incorporated herein.

      f. Compliance with Immigration Law: CONTRACTOR shall employ only individuals who are
         in compliance with any and all current laws and regulations of the U.S. Department of
         Homeland Security, U.S. Citizenship and Immigration Service.

      g. Drug Free Workplace: CONTRACTOR shall comply with the provisions of Government
         Code section 8350 et seq., otherwise known as the Drug-Free Workplace Act.


                                             3
       h. Licenses and Permits: CONTRACTOR represents and warrants to COUNTY that
          CONTRACTOR has all licenses, permits, certificates, qualifications and approvals of
          whatsoever nature, which are legally required for CONTRACTOR to practice its profession.

       i. Suspension and Debarment: By executing this Agreement, CONTRACTOR certifies
          that CONTRACTOR is not suspended, debarred or otherwise excluded from
          participation in federal assistance programs. CONTRACTOR acknowledges that this
          certification of eligibility to receive federal funds is a material term of the Agreement.

8. Records: The CONTRACTOR shall maintain adequate records. Records must comply with all
   appropriate state and federal requirements. Program records shall contain enough detail for
   evaluation of services.

9. Program Reports: CONTRACTOR shall provide quarterly and annual program reports to the
   COUNTY on a schedule and in the format determined by the DIRECTOR, focusing on the progress
   made towards meeting the goals and objectives described in Exhibit A.

10. Provision of Bilingual Services: When the client served by the CONTRACTOR is a non-English
    or limited-English speaking person, CONTRACTOR shall take all steps necessary to develop and
    maintain an appropriate capability for communicating in that patient’s primary language to ensure
    full and effective communication between the client and CONTRACTOR staff. CONTRACTOR
    shall provide immediate translation to non-English or limited-English speaking clients whose
    conditions are such that failure to immediately translate would risk serious impairment.
    CONTRACTOR shall provide notices in prominent places in the facility of the availability of free
    translation in necessary other languages.

11. Audit Provisions: CONTRACTOR shall provide an annual audit prepared by a Public Accountant
    or Certified Public Accountant, or the San Joaquin County Auditor’s Office. The use of the county
    Auditor is discretionary with COUNTY. Contractors receiving less than $25,000 annually from
    COUNTY are not required to obtain an outside audit.

       a. Audits must be submitted within the earlier of thirty (30) days after receipt of the
          Certified Public Accountant’s report or nine months after the end of the COUNTY’S
          fiscal year period. Two (2) copies submitted of each audits shall be submitted to:

                              San Joaquin County Behavioral Health Services
                              Attn: Contract Management
                              1212 N. California Street
                              Stockton, CA 95202

       b. CONTRACTOR shall maintain accurate and complete records including a physical
          inventory of employee payroll time sheets. These records shall be preserved in
          accordance with recognized commercial accounting practices so they may be readily
          audited and shall be held until costs have been finally determined under this
          Agreement and payment or final adjustment of payment has been made.

                                              4
       c. CONTRACTOR shall permit COUNTY to examine and audit these records and all
          supporting records at all reasonable times. Audits shall be made not later than (a) five
          calendar years after completion of services rendered or (b) five calendar years after
          expiration date of this Agreement, whichever comes later.

       d. The State Department of Mental Health, COUNTY and/or their appropriate audit
          agency shall have the right to inspect all records to evaluate the cost, quality,
          appropriateness and timeliness of services. The contracting parties shall be subject to
          the examination and audit of the Auditor General for a period of three years after final
          payment under contract (Government Code, §8546.7).

12. Indemnification: CONTRACTOR agrees that it shall indemnify, defend and hold harmless
    the COUNTY, its agents, elected officials, officers, volunteers, authorized representatives
    and employees from any and all losses, liabilities, costs, expenses, charges, damages, claims,
    liens, and causes of actions, of whatsoever kind or nature, including, but not limited to,
    reasonable attorney’s fees, which are in any manner directly or indirectly caused, occasioned
    or contributed to in whole or in part, through any act, omission, fault or negligence, whether
    active or passive, of CONTRACTOR or CONTRACTOR’S officers, agents, employees or
    authorized representatives, which relates in any manner to this Agreement, any work to be
    performed by CONTRACTOR arising from the operation of this Agreement, or any authority
    delegated to CONTRACTOR under this Agreement, even though the same may have resulted
    from the joint, concurring or contributory negligence, whether active or passive, of COUNTY
    or any other person or persons, except those injuries or damages that are the result of willful
    acts or the sole negligence of the COUNTY, its officers, agent or employees.

   Without limiting the generality of the foregoing, the same shall include injury or death to any
   person or persons and damage to any property, regardless of where located, including the
   property of COUNTY, and any liability of the COUNTY for private attorney general fee
   awards. It is further expressly understood and agreed that the duty to indemnify shall include,
   but not be limited to, any internal costs for staff time, investigation costs and expenses, and
   fees of County Counsel reasonably incurred as a result of any act, omission, fault or
   negligence, whether active or passive, of CONTRACTOR or CONTRACTOR’S officers,
   agents, employees or authorized representatives, which relates in any manner to this
   Agreement, any work to be performed by CONTRACTOR under this Agreement, or any
   authority delegated to CONTRACTOR under this Agreement.

13. Insurance Requirements: During the term of this Agreement, CONTRACTOR shall
    maintain and carry in full force insurance of the following types and minimum amounts with
    a company or companies as are acceptable to COUNTY, insuring CONTRACTOR while
    CONTRACTOR is performing duties under this Agreement:

       a. Worker’s Compensation: A program of Worker’s Compensation Insurance or a
          state-approved self-insurance program in an amount and form to meet all applicable
          requirements of the Labor Code of the State of California, including employer’s
          liability with one million dollar ($1,000,000) limits, covering all persons providing

                                              5
   services on behalf of CONTRACTOR and all risks to such persons under this
   Agreement.

b. Comprehensive General Liability Insurance: The policy shall have combined
   single limits for bodily injury and property damage of not less than one million dollars
   ($1,000,000), single limited liability.

c. Automobile Liability: CONTRACTOR agrees to hold harmless and indemnify the
   COUNTY for any and all liabilities associated with the use of any automobiles in
   relation to tasks associated with this Agreement. In addition, if vehicles are used to
   transport clients, CONTRACTOR shall maintain comprehensive automobile liability,
   with the following minimum limits:

       bodily injury each person                      $ 100,000
       bodily injury each occurrence                  $ 300,000
       property damage                                $ 100,000
       automobile liability umbrella coverage         $1,000,000

d. Additional Named Insured: All policies except for workers’ compensation shall
   contain additional endorsements naming the COUNTY and its officers, employees,
   agents, servants and volunteers as additional insured with respect to liabilities arising
   out of performance of services.

e. Policies Primary and Non-Contributory: All policies required above are to be
   primary and non-contributory with any self-insurance programs carried or
   administered by the COUNTY.

f. Proof of Coverage. CONTRACTOR shall immediately furnish certificates of
   insurance to the COUNTY department administering the contract evidencing the
   insurance coverage, including endorsements above required, prior to the
   commencement of performance of services, which certificates shall provide that such
   insurance shall not be terminated or expire without thirty (30) day’s written notice to
   the COUNTY. CONTRACTOR shall maintain such insurance from the time
   CONTRACTOR commences performance of services hereunder until the completion
   of such services. Within thirty (30) days of the commencement of this Agreement,
   the CONTRACTOR shall furnish certified copies of the policies and all
   endorsements. If COUNTY elects to renew this Agreement, CONTRACTOR shall
   provide COUNTY with certified copies of the policies and all endorsements for each
   additional term of this Agreement. All insurance shall be in a company or companies
   authorized by law to transact insurance business in the State of California.
   CONTRACTOR is a member of a risk management joint powers authority and may
   satisfy the above insurance requirements through self insurance and show such proof
   of membership as the risk management joint powers authority typically provides for
   similar contracts.


                                       6
       g. Liability: Insurance coverage in the minimum amounts set forth herein shall not be
          construed to relieve CONTRACTOR from liability in excess of such coverage, nor
          shall it preclude the COUNTY from taking such other actions as are available to it
          under any other provision of this Agreement or otherwise in law.

14. Conflict of Interest: Contractor has read and is aware of the provisions of Sections 1090 et
    seq. and 87100 et seq. of the Government Code relating to conflict of interest of public
    officers and employees and agrees to be bound thereby. Contractor certifies that it is unaware
    of any financial or economic interest of any public officer or employee of the County relating
    to this Agreement. It is further understood and agreed that if such a financial interest does
    exist at the inception of this Agreement, the County may immediately terminate this
    agreement by giving written notice thereof.

   Contractor certifies that its employees and officers of its governing body shall avoid any
   actual or potential conflicts of interest and that no officer or employee who exercises any
   functions or responsibilities in connection with this Agreement shall have any personal
   financial interest or benefit which either directly or indirectly arises from this Agreement.

   Contractor shall establish safeguards to prohibit its employees or its officers from using their
   positions for a purpose that could result in private gain or that gives the appearance of being
   motivated for private gain for themselves or others, particularly those with whom they have
   family or business ties.

   Further, any member of the CONTRACTOR’s Board of Directors or officers is prohibited
   from working for CONTRACTOR except by consent of the DIRECTOR, which consent shall
   not be unreasonably withheld for exceptional or unusual circumstances.

15. Nepotism: Nepotism occurs when relatives are in the same chain-of-command. A
    management official or supervisor with authority to take personnel management actions may
    not select a relative for a position anywhere in the CONTRACTOR’s organization under his
    or her jurisdiction or control. Such persons having the authority to appoint, employ, promote,
    or advance person or to recommend such action, may not advocate or recommend a relative
    for a position in the CONTRACTOR’s organization. For purposes of this statement, relative
    is defined as a spouse, parents, children, siblings, aunts or uncles, in-laws or step-parents or
    step-siblings. Except by consent of DIRECTOR, which consent shall not be unreasonably
    withheld for exceptional or unusual circumstances, no person shall be employed by
    CONTRACTOR who is in a direct chain-of-command or supervision with any relative, as
    defined above.

16. Non-Exclusive Rights: This Agreement does not grant to CONTRACTOR any exclusive
    privileges or rights to provide services to COUNTY. COUNTY may contract with other
    counties, private companies or individuals for similar services.

17. Governing Law: The laws of the State of California shall govern the rights, obligations,
    duties, and liabilities of the parties to this Agreement and shall also govern the interpretation
    of this Agreement.
                                                7
18. Venue: Venue for any action arising out of this Agreement shall be the County of San
    Joaquin, California.

19. Entire Agreement: This document contains the entire Agreement between the parties and
    supersedes oral or written understanding they may have had prior to the execution of this
    Agreement. If any ambiguity is created between this Agreement and its exhibits, this
    Agreement shall prevail.

20. Severability: Each paragraph and provision of this Agreement is severable, and if one or
    more paragraphs or provisions are declared invalid, the remaining provisions of this
    Agreement will remain in full force and effect.

21. Enforcement of Remedies: No right or remedy herein conferred on or reserved to COUNTY
    is exclusive of any other right or remedy herein or by law or equity provided or permitted but
    each shall be cumulative of every other right or remedy given hereunder or now or hereafter
    existing by law or in equity or by statute or otherwise, and may be enforced concurrently or
    from time to time.

22. Modification, Amendments, and Waiver: No supplement, modification, or waiver of this
    Agreement shall be binding unless executed in writing by the party to be bound thereby. No waiver
    of any of the provisions of this Agreement shall be deemed to or shall constitute a waiver of any
    other provisions hereof (whether or not similar), nor shall such waiver constitute a continuing waiver
    unless otherwise expressly provided.

23. Exhibits to Contract: Additional provisions shall be attached hereto and incorporated herein
    as sequentially numbered exhibits and shall have the same force and effect as set forth in the
    Agreement.

24. Headings: Paragraph headings are not to be considered a part of this Agreement and are
    included solely for convenience of reference and are not intended to be full or accurate
    description of the contents thereof.

25. Force Majeure: Without affecting any right of termination set forth in this Agreement, either
    party may suspend this Agreement at any time because of strike of its personnel, war,
    declaration of state of national emergency, acts of God, or other cause beyond the control of
    the party, by giving the other party written notice of, and reason for, the suspension.

26. Independent Contractor: In the performance of work duties, and obligations imposed by
    this Agreement, the CONTRACTOR is at all times acting as an independent contractor
    practicing his or her own profession and not as an employee of the COUNTY.
    CONTRACTOR shall perform the CONTRACTOR’S work in strict accordance with
    approved methods and standards of practice in the CONTRACTOR’S professional specialty.
    The sole interest of the COUNTY is to assure that the CONTRACTOR’S services are
    rendered in a competent and efficient manner in order to maintain the high standards of San
    Joaquin COUNTY. The CONTRACTOR shall not have any claim under this Agreement or
                                              8
    otherwise against the COUNTY for vacation, sick leave, retirement benefits, social security
    or worker’s compensation benefits. CONTRACTOR acknowledges the fact that it is an
    independent contractor and is in no way to be construed as an employee of the COUNTY, nor
    are any of the persons employed by CONTRACTOR to be so construed. The
    CONTRACTOR shall furnish all personnel, supplies, equipment, furniture, insurance,
    utilities, telephone and facilities necessary except as provided in Exhibit C.

27. Non-Assignment: This Agreement is binding upon COUNTY and CONTRACTOR and their
    successors. Except as otherwise provided herein, neither COUNTY nor CONTRACTOR
    shall assign, sublet or transfer its interest in this Agreement or any part thereof or delegate its
    duties hereunder without the prior written consent of the other. Any assignment, transfer, or
    delegation made without such written consent shall be void and shall be a material breach of
    this Agreement.

28. Termination: Either party to this Agreement may for any reason terminate this agreement at
    any time by giving to the other party thirty (30) days written notice of such termination.
    Termination shall have no effect upon the rights and obligations of the parties arising out of
    any transaction occurring prior to the effective date of such termination.

    If CONTRACTOR materially breaches the terms of this Agreement, COUNTY shall have the
    following alternative remedies:
        a. Immediately terminate the Agreement with CONTRACTOR.
        b. Complete the unfinished work, under this Agreement, with a different
           CONTRACTOR.
        c. All other remedies provided by law.

    Upon written notice from STATE DEPARTMENT OF MENTAL HEALTH to the
    COUNTY or CONTRACTOR that the CONTRACTOR is not complying with law or
    regulation, this agreement shall be terminated immediately. CONTRACTOR is to supply
    promptly all information necessary for the reimbursement of any outstanding claims.

29. Notices: Notices concerning this agreement shall be given by regular mail address as follows:

COUNTY:                                                 CONTRACTOR:
        San Joaquin County                              City of Tracy, Attn: City Manager
        County Administration Building                  333 Civic Center Plaza
        Stockton CA 95202                               Tracy CA 95376

COPY TO:
      San Joaquin County , Behavioral Health Services
      1212 N. California Street
      Stockton CA 95202




                                                  9
IN WITNESS WHEREOF, the parties have executed this Agreement the date first written above:

ATTEST: LOIS M. SAHYOUN,                     COUNTY OF SAN JOAQUIN
Clerk of the Board of Supervisors            a political subdivision of the
of the County of San Joaquin,                State of California
State of California



By: _____________________           (seal)   By: _____________________________
          Clerk                                  CARLOS VILLAPUDUA, Chairman
                                                 Board of Supervisors

                                             Hereinabove referred to as “COUNTY”




                                             By: ____________________________
                                                 Leon R. Churchill, City Manager
                                                 City of Tracy

                                             Hereinabove referred to as
                                             “CONTRACTOR”


          APPROVAL RECOMMENDED


By: ______________________________           By: ___________________________
    Kenneth B. Cohen, Director                   Victor Singh, Director
    Health Care Services                         Behavioral Health Services

APPROVED AS TO FORM:

DAVID WOOTEN
County Counsel

By:       ________________________
          Deputy County Counsel

(1:C/10PEI-Tracy-v2)




                                             10
                                        Exhibit A
                City of Tracy Mayor’s Community Youth Support Network
              Comprehensive Youth Outreach and Early Intervention Program
                               May 1, 2010 to June 30, 2011


Scope of Work
The City of Tracy, Mayor’s Youth Support Network (MYCSN) will provide comprehensive
outreach (relationship-building), engagement (field trips, activities and recreation), and
mentoring (case management and support services) to youth aged 16 to 24 years experiencing or
at risk of homelessness, witnessing or experiencing or exhibiting violence, unplanned parenting,
substance abuse, or gang involvement.

Participants are expected to learn positive ways to interact with peers and other adults, to control
anger or disruptive behavior, and to develop positive interest and expectations for the future.

MCYSN collaborative service providers will provide case management and gender-specific
support groups to participating youths to promote frank discussions and constructive dialogue
about major issues and provide opportunities to learn new skills and approaches for resolving
conflicts.

The program staff will be trained in advanced mediation techniques including appropriate
communication strategies and approaches for working with youth who have a history of
disruptive and/or violent behavior or anger management issues. The program staff will be
culturally competent and have life experience, education, and training that will command the
youth’s respect and trust.

Project Goals and Objectives:
The overall goal of the project will be to help give high-risk youth the supports and skills needed
to reduce harmful or risky behaviors related to substance use, acceptance of violence, possible
gang involvement, expectation of failure, and development or exacerbation of mental heath
issues. Specific objectives are as follows:

1. At least 250 high-risk youth will participate in program activities as a direct result of targeted
   outreach efforts to build relationships with such youths.

2. 80% of program participants will not be arrested or rearrested during program participation.

3. 80% of program participants will reduce their school truancy rate during program
   participation.

4. At least 75% of program participants will learn new skills and approaches for resolving
   conflicts and achieving goals, as measured by a Pre-Post-Survey.

5. At least 75% of program participants will participate in the mentoring component of the
   program.
                                               11
6. 50% of program participants will participate in classes or outings such as out-of-town site
   visits (San Francisco, etc.), snow trips, organized sporting activities or other activities that
   will help build interest and strengthen the relationship between youth participants and
   program staff.

Program Evaluations:
The effectiveness of the program will be evaluated on the contractor’s achievements towards the
program goals and objectives as listed above. The evaluation process will consist of progress
reports to be submitted by the Contractor and program audits to be conducted by BHS.

Contractor will submit quarterly reports in the format specified by BHS and will report the
contractor’s progress and achievements on the program goals and objectives specified in this
agreement. One paper and one electronic copy of each quarterly report are due to BHS on the
following schedule:

 Quarter                  Time Period Covered        Progress report due
 Fourth Quarter 2010      5/1/10 – 6/30/10           7/31/10
 First Quarter 2011       7/1/10 – 9/30/10           10/31/10
 Second Quarter 2011      10/1/10 – 12/31/10         1/31/11
 Third Quarter 2011       1/1/11 – 3/31/10           4/30/11
 Fourth Quarter 2011      4/1/10 – 6/30/11           7/31/11


Mail paper copies of quarterly reports to:

       San Joaquin County Behavioral Health Services
       Attn: Contracts Management
       1212 N. California Street
       Stockton, CA 95202

Email electronic copies of quarterly reports to: contracts@sjcbhs.org




                                                12
                                         EXHIBIT B
                          Non-Discrimination Requirements Statement


Conditions of Employment
All persons employed in the Behavioral Health Program (directly or through contract) meet applicable
requirements contained in Division 5 of the Welfare & Institutions Code and Title 9 of the California
Administrative Code unless otherwise noted in this Exhibit B.

Employment of personnel shall be made solely on the basis of merit, without regard to race, age,
color, gender, national origin, religion, sexual orientation, disability status, pregnancy, or military
and/or veteran status.

1. Affirmative action shall be taken to ensure that applicants are employed, and that employees are
   treated during employment without regard to their race, age, color, gender, national origin,
   religion, sexual orientation, disability status, pregnancy, or military and/or veteran status.

2. Such action shall include, but not be limited to the following: employment, upgrading, demotion
   or transfer; rates of pay or other forms of compensation; and selection of training, including
   apprenticeship. There shall be posted in conspicuous places notices available to employees and
   applicants for employment provided by the County officer responsible for contracts setting forth
   the provisions of the Equal Opportunity clause.

3. All solicitations or advertisements for employees placed by or on behalf of the contractor and/or
   the subcontractor shall state that all qualified applicants will receive consideration for
   employment without regard to their race, age, color, gender, national origin, religion, sexual
   orientation, disability status, pregnancy, or military and/or veteran status.

4. Each labor union or representative of workers with which the County and/or subcontractor has a
   collective bargaining agreement or other contract or understanding must post a notice provided by
   the County officer responsible for contracts, advertising the labor union or workers’ representative
   of the contractor’s commitments under this Equal Opportunity clause and shall post copies of the
   notice in conspicuous places available to employees and applicants for employment.

5. The County and any subcontractor will furnish all information and reports required by the
   Department of Health and will permit access to books, records, and accounts for purposes of
   investigation to ascertain compliance with paragraphs (1) through (3).

6. In the event of non-compliance with the discrimination clause of this contract or as otherwise
   provided by State and Federal law, this contract may be canceled, terminated, or suspended in
   whole or in part and the contractor and/or the subcontractor may be declared ineligible for further
   State contracts in accordance with procedures authorized in the Department of Health’s
   Affirmative Action Complaint Process.

7. All provisions of paragraphs (1) through (5) will be included in every subcontract unless
   exempted by rules, regulations, or orders of the Director of the Department of Mental Health so
                                                13
   that such provisions will be binding upon each subcontractor. The contractor will take such action
   with respect to any subcontractor as the State may direct as a means of enforcing such provisions
   including sanctions for non-compliance provided, however, that in the event contractor becomes
   involved in, or is threatened with, litigation with a subcontractor as a result of such direction by
   the State, the contractor may request in writing to the State, who, in turn, may request the United
   States to enter into such litigation to protect the interests of the State and the United States.

Provision of Services
Services, benefits and facilities shall be provided to patients, or clients without regard to their race,
age, color, gender, national origin, religion, sexual orientation, disability status, pregnancy, or military
and/or veteran status and no one will be refused services because of inability to pay for such service.

1. Nondiscrimination in Services, Benefits and Facilities: There shall be no discrimination in the
   provision of services because of their race, age, color, gender, national origin, religion, sexual
   orientation, disability status, pregnancy, or military and/or veteran status in accordance with Title
   VI or the Civil Rights Act of 1964, 42 U.S.C., Section 2000d, rules and regulations promulgated
   pursuant thereto, or as otherwise provided by State and Federal law. For the purpose of this
   contract, distinctions on the grounds of race color, creed or national origin include but are not
   limited to the following: denying a participant any service or benefit to a participant which is
   different, or is provided in a different manner or at a different time from that provided to other
   participants under this contract; subjecting a participant to segregation or separate treatment in any
   matter related to his receipt of any service; restricting a participant in any way in the enjoyment of
   any advantage or privilege enjoyed by others receiving any service or benefit; treating a
   participant differently from others in determining whether he satisfied any admission, enrollment
   quota, eligibility, membership or the requirement or condition which individuals must meet in
   order to be provided any service or benefits; the assignment of times or places for the provision of
   services on the basis of the race, color, creed or national origin or the participant to be served.
   The County and all subcontractors will take affirmative action to ensure that intended
   beneficiaries are provided services without regard to their race, age, color, gender, national origin,
   religion, sexual orientation, disability status, pregnancy, or military and/or veteran status.

2. Procedure for Complaint Process: All complaints alleging discrimination in the delivery of
   services by the County and/or the subcontractor because of their race, age, color, gender, national
   origin, religion, sexual orientation, disability status, pregnancy, or military and/or veteran status,
   may be resolved by the State through the Department of Mental Health’s Affirmative Action
   Complaint Process.

3. Notice of Complaint Process: The County and all subcontractors shall, subject to the approval of
   the Department of Mental Health, establish procedures under which recipients of service are
   informed of their rights to file a complaint alleging discrimination or a violation of their civil
   rights with the Department of Mental Health.




                                                14
                             Exhibit C
                                s
           City of Tracy Mayor' Youth Support Network
    Comprehensive Youth Outreach and Early Intervention Program
                     May 1, 2010 - June 30, 2011
                          Program Budget

                                            FY 2009-10      FY 2010-11
                                              (May - Jun)    (Jul - Jun)
Salaries                                         Budget         Budget
Consultants/Subcontractors - Case Manager   $    7,188      $    38,481
Mediation Manager                           $    1,300      $     2,600
Mediation Mentors                           $    2,060      $     6,040
Teen Counselor                              $    1,500      $    12,000
Parent Trainer/Specialist                   $    5,000      $    10,000
Outreach Worker                             $    2,320      $    16,000
Facilitators                                $    3,750      $    10,480
Program Manager                             $    1,800      $    11,520
Substance Abuse Counselor .50 FTE           $      -        $     8,160
Resource Specialist .75 FTE                 $      -        $    18,357

Total Staff Salaries                        $   24,918      $ 133,638

Benefits                                           -                -
Total Salaries & Benefits                   $   24,918      $ 133,638

Operating Expenses
Rent / Utilities                            $      -        $   12,004
Program Supplies                            $    2,542      $    3,000
Printing & Copying                          $      -        $    5,000
Workshops & Field Trips                     $    5,000      $   10,000
Community Trainings                         $    3,500      $    5,750
Support Group Facilitation & Supply         $    3,000      $    9,000
Program Materials & Consumables             $    8,540      $   14,270

Travel                                      $     -         $ 1,080
Communications                              $    -          $    600
Equipment                                   $     -         $ 1,000
Outreach items                              $ 2,500         $ 2,500
Other                                       $     -         $ 2,158
Total Operating Expenses                    $ 25,082        $ 66,362

Total Program Budget                        $ 50,000        $ 200,000
                                              Exhibit D

                  Health Insurance Portability and Accountability Act (HIPAA)
                             Business Associates Contract Provision
                                  Privacy and Security Rules

The HIPAA Business Associate Contract (BAC) is an amendment to the Parent Agreement to
which this BAC is attached; hereinafter referred to as “Parent Agreement”. This BAC
acknowledges Business Associate is the Contracting Party who regularly uses or discloses
Protected Health Information in its performance of the services for the County of San Joaquin as
described in the Parent Agreement. Both Parties are committed to complying with the Standards
for Privacy of Individually Identifiable Health Information at 45 CFR Parts 160 and 164,
Subparts A and E and the Security Standards for the Protection of Electronic Protected Health
Information at 45 CFR Parts 160 and 164, Subparts A and C under the Health Insurance
Portability and Accountability Act of 1996, Public Law 104-191 (HIPAA), and California Civil
Code sections 1798.29 and 1798.82. This BAC is intended to ensure that Business Associate
will establish and implement appropriate safeguards (including certain administrative
requirements) for “Protected Health Information” (PHI) that Business Associate may create,
receive, use or disclose in connection with certain functions, activities, or services to be provided
by Business Associate to County of San Joaquin. In connection with Business Associate’s
creation, receipt, use or disclosure of PHI, the Parties agree as follows:

1. Definitions
All capitalized terms of this BAC shall have the meanings set forth in the HIPAA Privacy and
Security Rules, and California Civil Code, unless otherwise defined herein.

      1.3 “Breach of the Security of the System” shall mean the unauthorized acquisition of
          unencrypted computerized data maintained by Business Associate that compromises the
          security, confidentiality, or integrity of personal information, as described under CA Civil
          Code.

      1.4 “Business Associate” shall mean party contracting with the County of San Joaquin.

1.1      “BAC” shall mean this Business Associate Contract Provision.

1.2      “CA Civil Code” shall mean 1798.29 and 1798.82 of the California Civil Code

1.3    “Covered Entity” shall mean the County Department of the County of San Joaquin that
receives services from Business Associate under the Parent Agreement with the County of San
Joaquin.

1.4    “Data Aggregation” shall mean the combining of PHI created or received by Business
Associate on behalf of Covered Entity with PHI received by Business Associate in its capacity as
Business Associate of another covered entity, to permit data analyses related to the health care
operations of Covered Entity.

1.5     “Designated Record Set” shall have the same meaning given to such term, but not limited
to, in 45 CFR 164.501.

1.6    “Disclosure” shall mean the release, transfer, provision of access to, or divulging in any
other manner of information outside the entity holding the information.

1.7    “Individual” shall mean the person who is the subject of the protected health information
and shall include a person who qualifies as a personal representative in accordance with 45 CFR
164.502(g).

1.8    “Privacy Rule” shall mean the Standards for Privacy of Individually Identifiable Health
Information at 45 CFR part 160 and part 164, subparts A and E.

1.9      “Protected Health Information or PHI” shall mean any individually identifiable health
information (IIHI), whether oral or contained in written form or electronic medium that: (i)
relates to the past, present or future physical or mental condition of an individual; the provision
of health care to an individual; or the past, present or future payment for the provision of health
care to an individual; and (ii) identifies the individual or with respect to which there is a
reasonable basis to believe the information can be used to identify the individual, and shall have
the same meaning contained in 45 CFR §§ 160.103 and 164.501. PHI shall include electronic
protected health information that is transmitted by, or maintained in, electronic media as defined
in 45 CFR 160.103.

1.10   “Required by Law” shall have the same meaning given to such term in 45 CFR 164.501.

1.11 “Security Incident” shall mean the attempted or successful unauthorized access, use,
disclosure, modification, or destruction of information or interference with system operations in
an information system.

1.12 “Security Rule” shall mean the Security Standards for the Protection of Electronic
Protected Health Information at 45 CFR Parts 160 and 164, Subparts A and C.

1.13 “Use” shall mean, with respect to protected health information, the sharing, employment,
application, utilization, examination, or analysis of such information within an entity that
maintains such information.

2.      General Use and Disclosure Provisions
2.1 The Parties acknowledge that changes to Federal and State laws relating to privacy and
electronic data security may necessitate the amendment of this BAC. The Parties agree to
promptly negotiate in good faith to amend this BAC to comply with the HIPAA Privacy and
Security Rules or other applicable laws. The Parties agree to take such action as is necessary to
implement the standards and requirements of the HIPAA Privacy and Security Rules, other

                                               17
applicable laws relating to the privacy or security of PHI, as well as interpretations of a court or
regulatory agency with authority over the Parties. In the event of a conflict among the
interpretations of these entities, the conflict shall be resolved in accordance with rules of
precedence.

2.2     Where provisions of this BAC are different from those mandated by the HIPAA Privacy
and Security Rules and CA Civil Code, but are nonetheless permitted, the provisions of this BAC
shall control.

2.3  Except as expressly provided in the HIPAA Privacy and Security Rules or this BAC, this
BAC does not create any rights in third parties.

3.      Confidentiality And Information Security Provisions
3.1     Business Associate shall comply with applicable laws and regulations, including but not
limited to Sections 14100.2 and 5328 et seq. of the Welfare and Institutions Code, Section
431.300 et seq. of Title 42, Code of Federal Regulations, and the Health Insurance Portability
and Accountability Act (HIPAA), including but not limited to Section 1320 d et seq, of Title 42,
United States Code and its implementing regulations (including but not limited to Title 45, CFR,
Parts 160, 162 and 164) regarding the confidentiality and security of individually identifiable
health information (IIHI), e.g. protected health information (PHI).

3.2    Permitted Uses and Disclosures of IIHI by Business Associate:
a)     Permitted Uses and Disclosures: Except as otherwise provided in this BAC, Business
Associate, may use or disclose IIHI to perform functions, activities or services identified in this
BAC provided that such use or disclosure would not violate federal or state laws or regulations.
b)     Specific Uses and Disclosures Provisions: Except as otherwise indicated in the BAC,
Business Associate may:
1)     Use and disclose IIHI for the proper management and administration of Business
Associate or to carry out the legal responsibilities of Business Associate, provided that such use
and disclosures are permitted by law.

2)       Use IIHI to provide data aggregation services to San Joaquin County Behavioral Health
Services (SJCBHS). Data aggregation means the combining of IIHI created or received by
Business Associate for the purposes of this contract with IIHI received by Business Associate in
its capacity as Business Associate of another HIPAA covered entity, to permit data analyses that
relate to the health care operations of SJCBHS.

3.3 Responsibilities of Business Associate:
a)      Safeguards
Business Associate agrees to implement safeguards to prevent the use or disclosure of IIHI other
than as provided for by this BAC. Business Associate shall develop and maintain an information
privacy and security program that includes the implementation of administrative, technical, and
physical safeguards appropriate to the size and complexity of Business Associate’s operations
and the nature and scope of its activities. The information privacy and security programs must
reasonably and appropriately protect the confidentiality, integrity, and availability of the IIHI that

                                                18
it creates, receives, maintains, or transmits; and prevent the use or disclosure of IIHI other than as
provided for by this BAC. Business Associate shall provide SJCBHS with information
concerning such safeguards as SJCBHS may reasonably request from time to time.

Business Associate shall restrict logical and physical access to confidential, personal (e.g., PHI)
or sensitive data to authorized users only.

Business Associate shall implement appropriate authentication methods to ensure information
system access to confidential, personal (e.g., IIHI) or sensitive data is only granted to properly
authenticated and authorized persons. If passwords are used in user authentication (e.g.,
username/password combination), Business Associate shall implement strong password controls
on all compatible computing systems that are consistent with the National Institute of Standards
and Technology (NIST) Special Publication 800-68 and the SANS Institute Password Protection
Policy.

Business Associate shall:
1)      Implement the following security controls on each server, workstation, or portable (e.g.,
laptop computer) computing device that processes or stores confidential, personal, or sensitive
data:
(a)     Network-based firewall and/or personal firewall
(b)     Continuously updated anti-virus software
(c)     Patch-management process including installation of all operating system/software vendor
security patches

2)      Encrypt all confidential, personal, or sensitive data stored on portable electronic media
(including, but not limited to, CDs and thumb drives) and on portable computing devices
(including, but not limited to, laptop computers and PDAs) with a solution that uses proven
industry standard algorithms.

Business Associate shall not transmit confidential, personal, or sensitive data via e-mail or other
Internet transport protocol over a public network unless, at minimum, a 128-bit encryption
method (for example AES, 3DES, or RC4) is used to secure the data.

4.      Mitigation of Harmful Effects
To mitigate, to the extent practicable, any harmful effect that is known to Business Associate of a
use or disclosure of IIHI by Business Associate or its subcontractors in violation of the
requirements of this BAC.

5.     Agents and Subcontractors of Business Associate
To ensure that any agent, including a subcontractor to which Business Associate provides IIHI
received from SJCBHS, or created or received by Business Associate, for the purposes of this
contract shall comply with the same restrictions and conditions that apply through this BAC to
Business Associate with respect to such information.

6.     Notification of Electronic Breach or Improper Disclosure

                                                19
During the term of this BAC, Business Associate shall immediately notify the SJCBHS
immediately upon discovery of any breach of IIHI and/or data, where the information and/or
data is reasonably believed to have been acquired by an unauthorized person. Immediate
notification shall be made to the SJCBHS Privacy Officer within two (2) business days of
discovery at (209) 468-8859. Business Associate shall take prompt corrective action to cure any
deficiencies and any action pertaining to such unauthorized disclosure required by applicable
Federal and State laws and regulations. Business Associate shall investigate such breach and
provide a written report of the investigation to the SJCBHS Privacy Officer, postmarked within
thirty (30) working days of the discovery of the breach to the address below:

                       San Joaquin County Behavioral Health Services
                                  HIPAA Privacy Officer
                                    C/o Administration
                                 1212 N. California Street
Stockton, CA 95202

7.     Employee Training and Discipline
Business Associate agrees to train its employees and use reasonable measures to ensure
compliance with the requirements of this BAC by employees who assist in the performance of
functions or activities under this BAC and use or disclose IIHI; and discipline such employees
who intentionally violate any provisions of this BAC, including by termination of employment.

8.      Audits, Inspection and Enforcement
From time to time, SJCBHS may inspect the facilities, systems, books and records of Business
Associate to monitor compliance with this BAC. Business Associate shall promptly remedy any
violation of any provision of this BAC and shall certify the same to the SJCBHS Privacy Officer
in writing. The fact that SJCBHS inspects, or fails to inspect, or has the right to inspect,
Business Associate’s facilities, systems and procedures does not relieve Business Associate of its
responsibilities to comply with this BAC. SJCBHS failure to detect or detection, but failure to
notify Business Associate or require Business Associate’s remediation of any unsatisfactory
practice, does not constitute acceptance of such practices or a waiver of SJCBHS enforcement
rights under this BAC.

9.     Term and Termination
9.1    Term:
The term of this BAC is the same as the Parent Agreement.

9.2     Termination for Cause:
In addition to the termination provisions and other remedies that the County has in the Parent
Agreement, SJCBHS has the right to terminate this BAC, which in effect, is a termination of the
Parent Agreement if Business Associate violates a material term at this BAC. Upon SJCBHS
knowledge of a material breach by Business Associate, SJCBHS shall either:




                                              20
a)       Provide an opportunity for Business Associate to cure the breach or end the violation and
terminate this BAC if Business Associate does not cure the breach or end the violation within
thirty (30) days of receipt of written notice of the existence of an alleged breach.

b)     Immediately terminate this BAC if Business Associate has breached a material term of
this BAC and cure is not possible, or

c)      If neither cure nor termination is feasible, SJCBHS Privacy Officer shall report the
violation to the Secretary of the United States Department of Health & Human Services and to
the California Department of Mental Health.

9.3    Judicial or Administrative Proceedings:
SJCBHS may terminate this BAC, effective immediately, if:
a)     Business Associate is found liable in a civil matter or guilty in a criminal matter
proceeding for a violation of the HIPAA Privacy or Security rule, or

b)     There is a finding or stipulation that Business Associate has violated a Privacy or Security
standard or a requirement of HIPAA, or

c)     Business Associate is found to have violated a Privacy or Security standard or
requirement or other privacy or security laws in an administrative or civil proceeding in which
Business Associate is a party.

9.4     Effect of Termination:
Upon the termination or expiration of Parent Agreement or this BAC, for any reason, Business
Associate shall return or destroy all IIHI received from SJCBHS that Business Associate still
maintains in any form, and shall retain no copies of such IIHI or, if return or destruction is not
feasible, Business Associate shall continue to extend the protections of this BAC to such
information, and limit further use of such IIHI to those purposes that make the return or
destruction of such IIHI infeasible. This provision shall apply to IIHI that is in the possession of
subcontractors or agents of the Business Associate.

10.    Miscellaneous Provisions
10.1 Disclaimer:
SJCBHS makes no warranty or representation that compliance by Business Associate with this
BAC, HIPAA or the HIPAA regulations will be adequate or satisfactory for Business Associate’s
own purposes or that any information in the Business Associate’s possession or control, or
transmitted or received by the Business Associate is, or will be, secure for unauthorized use or
disclosure. Business Associate is solely responsible for all decisions made by Business Associate
regarding the safeguarding of IIHI.

10.2 Assistance in Litigation or Administrative Proceedings:
Business Associate shall make itself, and use its best efforts to make any subcontractors,
employees or agents assisting Business Associate in the performance of its obligations under this
BAC, available to SJCBHS at no cost to SJCBHS to testify as witnesses, or otherwise, in the

                                               21
event of litigation or administrative proceedings being commended against SJCBHS, its
directors, officers or employees for claimed violation of HIPAA, the HIPAA regulations or other
laws relating to security and privacy based upon actions or inactions of the Business Associations
and/or its subcontractor, employee, or agent, except where Business Associate or its
subcontractor, employee, or agent is a named adverse party.

10.3 No-third Party Beneficiaries:
Nothing expressed or implied in the terms and conditions of this BAC is intended to confer, nor
shall anything herein confer, upon any person other than SJCBHS or Business Associate and
their respective successors or assignees, any rights remedies, obligations or liabilities whatsoever.

10.4 Interpretation:
The terms and conditions of this BAC shall be interpreted as broadly as necessary to implement
and comply with HIPAA, the HIPAA regulations and applicable State laws. The parties agree
that any ambiguity in the terms and conditions of this BAC shall be resolved in favor of a
meaning that complies and is consistent with HIPAA and the HIPAA regulations.

10.5 Regulatory References:
A reference in the terms and conditions of this BAC to a section in the HIPAA regulations means
the section as in effect or as amended.

10.6 Survival:
The respective rights and obligations of Business Associate under 10.2 of this BAC shall survive
the termination or expiration of this BAC.

10.7 No Waiver of Obligations:
No change, waiver or discharge of any liability or obligation hereunder on any one or more
occasions shall be deemed a waiver of performance of any continuing or other obligation, or shall
prohibit enforcement of any obligation, on any other occasion.




                                               22
                                       Attachment E
                                      Second Edition
                               Program Integrity Requirements

CONTRACTORS who provide services to San Joaquin County (SJC) Medi-Cal beneficiaries
shall comply with the following Program Integrity requirements. The term CONTRACTOR
includes the agency and the staff of the agency that enters into contract with San Joaquin County
Behavioral Health Services (SJCBHS) to provide services to SJC Medi-Cal beneficiaries.

1. Standards Of Conduct
SJCBHS is committed to compliance, by letter and spirit, with all federal, state, and local laws
and regulations.
CONTRACTOR and its employees shall not engage in any activities that violate any laws,
regulations, or rules, and shall adhere to the highest ethical standards of conduct in all
business activities, including integrity, honesty, courtesy, respect and fairness.
CONTRACTOR and its employees are expected to promptly report any activities that may be in
violation of any SJCBHS policies, standards of conduct or any federal, state or local laws,
regulations, rules or guidelines. Any violations or alleged violations may be disclosed
anonymously.
CONTRACTOR and its employees are responsible for reading, understanding, and adhering to
SJCBHS policies regarding Program Integrity by signing SJCBHS Standards Of Conduct for
Organizational Providers that will be provided by SJCBHS.
2. Compliance Program
Federal Requirements:
SJCBHS has implemented a Compliance Program in accordance with Title 42, Code of Federal
Regulations (CFR), Section 438.608, to guard against fraud, waste or abuse. CONTRACTOR
and its employees are required to comply with applicable state and federal regulations, and with
SJCBHS policies, procedures and standards, that are designed to detect, respond, prevent, and
correct violations of those requirements. SJCBHS shall review CONTRACTOR’s continued
compliance through site certification reviews conducted at least every three years, in addition to
periodic and/or ad-hoc auditing and monitoring of CONTRACTOR’s activities.
Mandatory Trainings:
CONTRACTOR shall participate in mandatory trainings provided by SJCBHS.
Documentation:
CONTRACTOR shall comply with SJCBHS policies, procedures and standards regarding proper
documentation of services and billing, including third-party verification of documentation before
claiming. CONTRACTOR shall follow the rules of proper documentation to satisfy Medi-Cal
audit requirements for reimbursement of Federal Financial Participation (FFP) and Early Periodic
Screening Diagnosis and Treatment (EPSDT). Failure to provide required documentation in a
timely manner may result in delayed or withheld payment to CONTRACTOR.


                                               23
CONTRACTOR shall reimburse SJCBHS for any and all internal and external audit
disallowances that are the CONTRACTOR’s responsibility.
CONTRACTOR shall provide services in compliance with authorization requirements, and shall
reimburse SJCBHS for unauthorized services, i.e., services that cannot be billed to Medi-Cal
because of the lack of a current Client Plan that authorizes those services.
False Claims:
CONTRACTOR shall be liable for knowingly presenting or causing to be presented, submitting
or causing to be presented, a false or fraudulent claim, record or statement for payment (Federal
False Claims Act - 31 United States Code, Chapter 37, Sections 3729-3733), and California False
Claims Act - Government Code, Sections 12650-12656).
The federal civil penalty for each claim (or service billed) is $5,000 to $10,000 for each false
claim, plus 3 times the amount of damages.
The state civil penalty for each claim (or service billed) is up to $10,000 for each false claim,
plus 3 times the amount of damages, and the costs of a civil action brought to recover any of
those penalties or damages.
The criminal penalty for willfully making or causing to be made any false statement or
representation of a material fact or any benefit or payment under a federal health care program, is
a felony, and upon conviction, a fine of no more than $25,000 or imprisonment of no more than 5
years, or both (42 USC, Section 1128B).
Whistleblower Protections
CONTRACTOR shall not discharge, demote, suspend, threaten, harass, or discriminate against
an employee, because of lawful acts done by the employee in cooperating with the False Claims
Acts, including investigation for, initiation of, testimony for, or assistance in an action filed or
one in the process of being filed (31 USC, Section 3730-h).
Indemnification
CONTRACTOR shall indemnify, defend and hold SJCBHS, its officers and employees harmless
from and against any and all claims, losses, liabilities, damages, demands, and actions arising out
of CONTRACTOR’s performance of this agreement.
Availability and Accessibility of Services
CONTRACTOR who also serves enrollees of commercial health plans (e.g. Health Plan of San
Joaquin, Kaiser, Blue Shield, Blue Cross, etc.) is required to offer Medi-Cal beneficiaries at least
the same hours of operation and access to services as he/she offers to commercial health plan
enrollees.
Practice Guidelines
CONTRACTOR agrees to follow the clinical practice guidelines developed and/or adopted by
SJCBHS. SJCBHS follows the guidelines developed by the American Psychiatric Association
(APA) and customized practice guidelines development by SJCBHS.
If a conflict exists between the guidelines, the SJCBHS customized guideline prevails. The APA
guidelines are summarized in the 2004 “Quick Reference” of the APA Practice Guidelines. The
customized guidelines are available in the organization policy and procedures under

                                               24
Administration, the Practice Guideline series (120 administrative category) is available upon
request. (To order individual Practice Guidelines or the 2004 Compendium of APA Practice
Guidelines, visit www.appi.org or call 800-368-5777). SJCBHS Children and Youth Services
have adopted the practice guidelines developed by the American Academy of Child And
Adolescent Psychiatry (AACAP). If a conflict exists between these and our customized
guidelines, the customized guideline prevails. AACAP guidelines are summarized in Practice
Parameter and Guidelines and can be obtained at www.aacap.org, or call (1-800-638-3030).
Advance Directives
CONTRACTOR is required to comply with SJCBHS policies, procedures and requirements
regarding Advance Directives, as set forth in Title 42, CFR (please refer to the training and
materials that will be provided by SJCBHS).
Beneficiary Problem Resolution Process
CONTRACTOR shall comply with SJCBHS policies and procedures regarding Beneficiary
Problem Resolution Process in accordance with Title 42, CFR, Part 438, Subpart F, and Title 9,
California Code of Regulations (CCR), Sections 1850.205 and 1850.305.
The Beneficiary Problem Resolution Process includes processes for grievances, appeals and
expedited appeals that enable beneficiaries to resolve concerns or grievances about any specialty
mental health service-related issue. SJCBHS requires CONTRACTOR to resolve concerns as
quickly and simply as possible (please refer to the Beneficiary Problem Resolution Process
training and materials that will be provided by SJCBHS).




                                              25
                                  RESOLUTION ________


 AUTHORIZING THE CITY MANAGER TO EXECUTE ANY DOCUMENTS NECESSARY FOR
 THE PURPOSE OF OBTAINING PROPOSITION 63 FUNDS IN THE AMOUNT OF $250,000
           FOR THE MAYOR’S COMMUNITY YOUTH SUPPORT NETWORK

        WHEREAS, Proposition 63, known as the Mental Health Services Act (MHSA) passed
on November 2, 2004. The Act provides increased funding, personnel and other resources to
support county mental health programs and monitor progress toward statewide goals for
children, transition age youth, adults, older adults and families; and

      WHEREAS, In August 2008, San Joaquin County Behavioral Health Services,
Prevention and Early Intervention Planning coordinated a series of countywide community
meetings to discuss an overview of MHSA planning activities, needs assessment findings and
feedback as well as strategy discussions and prioritization; and


      WHEREAS, In April of 2009 San Joaquin County released a Three Year Program and
Expenditure Plan Executive Summary which outlined a $250,000 allocation for the MCYSN to
conduct community outreach and case management with high-risk youth; and

       WHEREAS, To receive the allocated amount of $250,000 the City must submit a signed
contract detailing services provided by the Mayor’s Community Youth Support Network Service
Provider Team Members including contract assurances signed by the Authorized Agent.


        NOW, THEREFORE, BE IT RESOLVED, That the City Council hereby authorizes the
City Manager to execute any documents necessary for the purpose of obtaining Proposition 63
funds in the amount of $250,000 for the Mayor’s Community Youth Support Network.

                                     *************

        The foregoing Resolution ________ was passed and adopted by the City Council of the
City of Tracy on the 4th day of May, 2010, by the following vote:


AYES:         COUNCIL MEMBERS:
NOES:         COUNCIL MEMBERS:
ABSENT:       COUNCIL MEMBERS:
ABSTAIN:      COUNCIL MEMBERS:

                                                 ____________________________
                                                 Mayor

ATTEST:


________________________
City Clerk
                                                                                    May 4, 2010

                                 AGENDA ITEM 3

REQUEST

      ADOPTION OF RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO
      THE CONTRACT BETWEEN THE CITY OF TRACY AND THE BOARD OF
      ADMINISTRATION OF THE PUBLIC EMPLOYEES’ RETIREMENT SYSTEM;
      INTRODUCE AN ORDINANCE AUTHORIZING THE AMENDMENT TO THE
      CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM PLAN FOR ‘3% AT 55
      FULL FORMULA’ BENEFIT FOR SAFETY PLAN (POLICE MEMBERS ONLY)
      HIRED ON OR AFTER JULY 1, 2010

EXECUTIVE SUMMARY

     This report recommends action to implement a second tier of retirement benefits for
     Sworn Police Personnel hired on or after July 1, 2010.

DISCUSSION

      On February 2, 2010, the City Council adopted Resolution 2010-014, a side letter to
      the Memorandums of Understanding between the City of Tracy and the Tracy Police
      Officers Association and the City of Tracy and the Tracy Police Officers Association
      Police Management Unit which stipulated that the City will amend the Public
      Employees’ Retirement System contract between the City of Tracy and the California
      Public Employees’ Retirement System to provide a second tier of retirement, ‘3% at 55
      Full Formula’ benefit (Section 21363.1 of the Public Employees Retirement Law) for
      sworn Police personnel hired on or after July 1, 2010. Upon Council approval, the
      amendment would be effective July 1, 2010.
      Pursuant to Government Code Section 20471, a 20-day period between the adoption
      of the Resolution of Intention and the adoption of the final Ordinance is required.
FISCAL IMPACT

     There is no fiscal impact for adoption of the new benefit formula. For FY 2010-11, there
     will be minimal if any savings from the implementation of this second tier (3% at 55)
     because all Police officers hired prior to June 30, 2010 will continue to receive the prior
     retirement formula (3% at 50). Over the years, however, the City will begin to see
     savings as new officers will be hired at the less costly second tier formula. The current
     3% at 50 formula results in an employer rate for the City of Tracy of 24% paid for all
     wages applicable to PERS. The 3% at 55 formula is estimated to have a current
     employer rate of 21.9%. For each $1 million in PERS wages paid under the existing
     formula (approximately the equivalent to 10 officers), it will cost the City $240,000. For
     each $1 million in PERS wages paid under the new formula it will cost $219,000.

RECOMMENDATION

     That the City Council: 1) Adopt a Resolution of Intention to approve a contract
     amendment between the City of Tracy and the Board of Administration of the Public
     Employees’ Retirement System to include the ‘3% at 55 Full Formula’ benefit (Section
Agenda Item 3
May 4, 2010
Page 2


        21363.1 of the Public Employees Retirement Law) for sworn Police personnel hired on
        or after July 1, 2010; and 2) Introduce an ordinance authorizing the amendment to the
        contract between the City of Tracy and the Board of Administration of the California
        Public Employees’ Retirement System to implement this benefit effective July 1, 2010.


Prepared by: Maria Olvera, Human Resources Director
Approved by: Leon Churchill, City Manager
Attachments: Ordinance
             Resolution of Intention
             Exhibit – Amendment to Contract between the Board of Administration
                       CALPERS and the City of Tracy City Council
                                    ORDINANCE __________

   AN ORDINANCE OF THE CITY OF TRACY AUTHORIZING AN AMENDMENT TO THE
 CONTRACT BETWEEN THE CITY OF TRACY AND THE BOARD OF ADMINISTRATION OF
          THE CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM

         WHEREAS, The Public Employees’ Retirement Law permits the participation of public
agencies and their employees in the Public Employees’ Retirement System by the execution of
a contract, and sets forth the procedure by which said public agencies may elect to subject
themselves and their employees to amendments to said contract: and

         WHEREAS, The Government Code sets forth procedures to amend this contract: and

         WHEREAS, One of the steps in the procedures to amend this contract is the adoption
by the governing body of the public agency of an ordinance to approve an amendment to said
contact: and

           WHEREAS, Pursuant to Resolution 2010-014, in an adopted side letter between the
City of Tracy and the Tracy Police Officers Association and the City of Tracy and the Tracy
Police Officers Association Police Management unit, the parties stipulated that the City will
amend its contract with California Public Employees’ Retirement System to provide a second
tier of retirement for new unit members hired on or after July 1, 2010; and

       WHEREAS, A Resolution of Intention (Resolution # ________) to approve the Public
Employees’ Retirement System contract amendment was adopted on May 4, 2010; and

         NOW, THEREFORE, The City Council of the City of Tracy does ordain as follows:

         SECTION 1: That an amendment to the contract between the City Council of the City
of Tracy and the Board of Administration, California Public Employees’ Retirement System is
hereby authorized, a copy of said amendment being attached hereto, marked as Exhibit, and by
such reference made a part hereof as though herein set out in full.

         SECTION 2: That the Mayor of the City of Tracy is hereby authorized, empowered,
and directed to execute said amendment for and on behalf of the City of Tracy.

        SECTION 3: That this Ordinance shall take effect 30 days after the date of its
adoption, and

         SECTION 4: That prior to the expiration of fifteen (15) days from the passage thereof
shall be published once in the Tri-Valley Herald, a newspaper of general circulation, published
and circulated in the City of Tracy and thenceforth and thereafter the same shall be in full force
and effect.
                                           ************

        The foregoing Ordinance _______________ was introduced at a regular meeting of
   the Tracy City Council on the 4th day of May, 2010, and finally adopted on the _____day of
   ___________, 2010, by the following vote:
AYES:      COUNCIL MEMBERS:

NOES:      COUNCIL MEMBERS:

ABSENT:    COUNCIL MEMBERS:

ABSTAIN:   COUNCIL MEMBERS

                                ___________________________
                                Mayor

ATTEST:

_____________________________
City Clerk
                                     RESOLUTION ________

   RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO THE CONTRACT
    BETWEEN THE CITY OF TRACY AND THE BOARD OF ADMINISTRATION OF THE
    CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM, AUTHORIZING THE
 AMENDMENT TO THE CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT PLAN FOR ‘3%
   AT 55 FULL FORMULA’ BENEFIT FOR SWORN POLICE PERSONNEL HIRED ON OR
                             AFTER JULY 1, 2010

       WHEREAS, The Public Employees Retirement Law permits the participation of public
agencies and their employees in the Public Employees’ Retirement System by the execution of
a contract, and sets forth the procedure by which said public agencies may elect to subject
themselves and their employees to amendments to said Law; and

       WHEREAS, One of the steps in the procedures to amend this contract is the adoption by
the governing body of the public agency of a resolution giving notice of its intention to approve
an amendment to said contract, which resolution shall contain a summary of the change
proposed in said contract; and

        WHEREAS, The following is a statement of the proposed change:

                 To provide Section 20475 (Different Level of Benefits): Section 21362.2 (3%
                 at 50 Full Formula) is applicable to only those local police members entering
                 membership in the police classification prior to the effective date of this
                 amendment to the contract. Section 21363.1 (3% at 55 Full formula) is
                 applicable to local police members entering membership for the first time in
                 the police classification on or after the effective date of this amendment to the
                 contract.

       NOW, THEREFORE, BE IT RESOLVED, That the City Council of the City of Tracy does
hereby give notice of intention to approve an amendment to the contract between City of Tracy
and the Board of Administration of the Public Employees’ Retirement System, a copy of said
amendment being attached hereto, as an “Exhibit” and by this reference made a part hereof.
                                       ***********
       The foregoing Resolution 2010-____ was adopted by the Tracy City Council on the 4th
day of May, 2010, by the following votes:

AYES:            COUNCIL MEMBERS:

NOES:            COUNCIL MEMBERS:

ABSENT:          COUNCIL MEMBERS:

ABSTAIN:         COUNCIL MEMBERS:

                                                      _______________________________
                                                      Mayor
ATTEST:

______________________________
City Clerk
                                                                                       May 4, 2010

                                  AGENDA ITEM 4


REQUEST

     APPROVE AMENDMENTS TO THE CITY’S RETAIL INCENTIVE PROGRAM, WHICH
     INCLUDE THE ESTABLISHMENT OF A WEST VALLEY MALL REVITALIZATION
     PROGRAM; AUTHORIZE STAFF TO NEGOTIATE AND DRAFT FINANCIAL
     INCENTIVE AGREEMENT(S); AND APPROPRIATE UP TO $75,000 FROM THE RSP
     FUND FOR COSTS ASSOCIATED WITH NEGOTIATING AND DRAFTING THE
     AGREEMENT(S)

EXECUTIVE SUMMARY

     Staff is recommending amendments to the City’s Retail Incentive Program, which
     include the establishment of a West Valley Mall Revitalization Program. Staff is also
     requesting authorization to negotiate financial incentive agreement(s) with the owners of
     the West Valley Mall and/or a prospective tenant of the West Valley Mall pursuant to the
     terms of the West Valley Mall Revitalization Program. Finally, staff is recommending
     that an amount not to exceed $75,000 be appropriated from the RSP Fund for legal,
     consultant and staff time associated with negotiating and drafting financial incentive
     agreement(s) pursuant to the West Valley Mall Revitalization Program.


DISCUSSION

     On July 15, 2008, the City Council approved a Retail Incentive Program. (Resolution No.
     2008-138.) The purpose of the original Retail Incentive Program is to attract “unique
     businesses” to the existing I-205 agglomeration area to leverage the strengths of this
     area with public sector support in the form of sales tax rebates.

     Since the adoption of the Retail Incentive Program, Gottschalks closed its store at the
     West Valley Mall. Losing an anchor tenant such as Gottschalks has the potential to
     significantly affect the Mall and the stores located in it. Given that the Mall is a vital part
     of the City’s economic base and a significant source of sales tax revenue to the City,
     loss of one of the Mall’s anchor tenants, could also significantly effect the City.

     In general, anchor tenants are those retailers that draw a majority of customers to retail
     projects. Typically, smaller, in-line tenants feed off of the anchor’s additional pedestrian
     traffic and collectively they create a retail relationship that works for the whole retail
     center. In some cases, mall anchors are even more important in that they support a
     large number of smaller tenants (sometimes 100 or more) that rely on the additional
     traffic to survive. Once an anchor tenant is lost, a community may begin to see in-line
     space vacancies rise, and the chances that a mall might fail increase dramatically. This
     scenario has played out numerous times over the past year with the current, depressed
     economy.

     Because of the importance of attracting a new anchor tenant to the Mall, staff is
     proposing a West Valley Mall Revitalization Program. The Program will further the
     following goals of the Tracy General Plan, Economic Development Element:
Agenda Item 4
May 4, 2010
Page 2



         •      ED-2 Support for and promotion of existing businesses
         •      ED-3 A supportive business environment
         •      ED-6 Healthy, key economic activity centers
         •      ED-8 Responsiveness to change and opportunities
         •      ED-9 A financially sound and viable City

      Pursuant to the Program, the City Council may approve a financial incentive to the
      owners of the West Valley Mall and/or to a prospective tenant of the West Valley Mall.
      The financial incentive must be used only for tenant improvements to an anchor tenant
      space of 50,000 square feet or more. The financial incentive may be either: (1) a sales
      tax rebate; or (2) direct financial assistance with security, tied to future sales tax
      generation. The details of the financial incentive must be reflected in a written
      agreement, in a form approved by the City Attorney.

      All financial incentive agreements must be approved by the City Council only after
      making findings that:

                1.     The net financial benefit to the public is larger than the financial incentive;

                2.     The agreement represents a direct public benefit (as defined);

                3.      There are identified City or other funds that are available to make the
                financial incentive; and

                4.      The financial incentive is secured by an appropriate form of financial
                security, if any direct financial assistance is involved.

      Staff is also requesting authorization to negotiate financial incentive agreement(s) with
      the owners of the West Valley Mall and/or a prospective tenant of the West Valley Mall
      pursuant to the terms of the West Valley Mall Revitalization Program. Any financial
      incentive agreement that is negotiated will be presented to the City Council for
      consideration.

      Negotiating and drafting the financial incentive agreement(s) will require significant staff
      time and the assistance of both attorneys and economic consultants. Therefore, staff is
      recommending that an amount not to exceed $75,000 be appropriated from the RSP
      fund to cover the costs of negotiating and drafting the financial incentive agreement(s).
      Separately, Staff will be requesting that funds be appropriated to cover the costs of the
      agreed-upon financial incentive at the time an agreement is presented to the City
      Council for consideration.

      Finally, the staff is also recommending other nonsubstantive, organizational, minor
      amendments to the Retail Incentive Program.
Agenda Item 4
May 4, 2010
Page 3


FISCAL IMPACT

       The West Valley Mall Revitalization Program will require an initial appropriation of up to
       $75,000 from the RSP Fund. Direct financial incentive agreements approved under the
       Program will require additional appropriations at the time, and if, they are approved by
       the City Council.

RECOMMENDATION

       Staff recommends that the City Council approve a resolution:

              1.      Approving amendments to the City’s Retail Incentive Program, which
       include the establishment of a West Valley Mall Revitalization Program;

              2.      Authorizing the staff to negotiate and draft financial incentive
       agreement(s) with the owners of the West Valley Mall and/or a prospective tenant of the
       West Valley Mall for City Council Consideration pursuant to the terms of the West Valley
       Mall Revitalization Program; and

               3.     Appropriating an amount not to exceed $75,000 from the RSP Fund for
       legal, consultant and and staff time associated with negotiating and drafting financial
       incentive agreement(s) pursuant to the West Valley Mall Revitalization Program.




Prepared by: Ursula Luna-Reynosa, Economic Development Director

Approved by: Leon Churchill, Jr., City Manager

Attachments: Proposed Resolution with Amended Retail Incentive Programs
                                   RESOLUTION 2010-_____

 A RESOLUTION OF THE CITY OF TRACY ADOPTING AMENDEDMENTS TO THE CITY’S
RETAIL INCENTIVES PROGRAM, INCLUDING THE ESTABLISHMENT OF A WEST VALLEY
 MALL REVITALIZATION PROGRAM; AUTHORIZING STAFF TO NEGOTIATE AND DRAFT
 FINANCIAL INCENTIVES AGREEMENT(S); AND APPROPRIATING UP TO $75,000 FROM
  THE RSP FUND FOR COSTS ASSOCIATED WITH NEGOTIATING AND DRAFTING THE
                              AGREEMENT(S)


       WHEREAS, on July 15, 2008, the City Council approved a Retail Incentive Program.
(Resolution No. 2008-138.) The purpose of the original Retail Incentive Program is to attract
“unique businesses” to the existing I-205 agglomeration area; and

       WHEREAS, since adoption of that Program, Gottschalks closed its store at the West
Valley Mall, resulting in the loss of a critical anchor tenant; and

       WHEREAS, because of the importance of attracting a new anchor tenant to the West
Valley Mall, staff is proposing a West Valley Mall Revitalization Program be established; and

        WHEREAS, staff is recommending other, non-substantive changes to the City’s Retail
Incentive Program; and

        WHEREAS, staff is requesting: (1) authorization to negotiate and draft a financial
incentive agreement(s) with the owners of the West Valley Mall and/or a prospective tenant of
the West Valley Mall, pursuant to the West Valley Mall Revitalization Program; and (2) that an
amount not to exceed $75,000 be appropriated from the RSP Fund to cover the costs of legal
and economic consultants and staff time in that negotiation and drafting process; and

       WHEREAS, any agreement under the West Valley Mall Revitalization Program would
have to be approved by the City Council.

        NOW, THEREFORE, the Tracy City Council does resolve, declare, determine and order
as follows:

1.     The City of Tracy Retail Incentives Programs, attached as Exhibit A, are approved; and

2.     The City Manager is authorized to negotiate one or more financial incentives
agreements with the owners of the West Valley Mall and/or a prospective tenant of the West
Valley Mall; and

3.      An amount not to exceed $75,000 is appropriated from the RSP Fund to cover the costs
of legal and economic consultants and staff time in negotiating and drafting agreement(s). Staff
is authorized to enter into professional services agreements for this purpose, within the limits of
this authorization.

                                          **********
Resolution 2010 -_______
Page 2


       The foregoing Resolution __________ was passed and adopted by the Tracy City
Council on the _____ day of _________________, 2010, by the following vote:

AYES:        COUNCIL MEMBERS:

NOES:        COUNCIL MEMBERS:

ABSENT:      COUNCIL MEMBERS:

ABSTAIN:     COUNCIL MEMBERS:



                                                ____________________________
                                                       Mayor

ATTEST:


__________________________
        City Clerk
                EXHIBIT A


         CITY OF TRACY

RETAIL INCENTIVE PROGRAMS




     Approved by the Tracy City Council
         Resolution No. 2008-138

    Revised: Resolution No. 2010-_____




               Components

     1 – I-205 Retail Incentive Program

 2 – West Valley Mall Revitalization Program
                                CITY OF TRACY
                         RETAIL INCENTIVE PROGRAMS



                        I.     INTRODUCTION AND DEFINITIONS

A.     Introduction.

The Retail Incentive Programs generally are meant to stimulate the private sector to
invest in the future of Tracy so that Tracy can retain its existing share of the regional
market in light of increasing regional competition.

The Retail Incentive Programs are consistent with the following goals of the Tracy
General Plan, Economic Development Element:

       ED-2 Support for and promotion of existing businesses
       ED-3 A supportive business environment
       ED-6 Healthy, key economic activity centers
       ED-8, Responsiveness to change and opportunities
       ED-9, A financially sound and viable City

There are two Retail Incentive Programs:

       1.     I-205 Retail Incentive Program
       2.     West Valley Mall Revitalization Program

It is not the intent of these programs to divert sales tax dollars from other communities,
in violation of Government Code sections 53084 and 53084.5.


B.     Definitions.

Eligible applicant means an applicant who meets the eligibility requirements for a
particular program.

I-205 Agglomeration area means one of the areas along I-205 that is shown on Exhibit
A, attached.

Direct public benefits means benefits to the City and community which justify a public
incentive under this program. It may include, but is not limited to: (1) whether the
business is a regional draw; (2) the amount of net new sales tax to be received by the
City over a fixed period of time; (3) the creation of jobs; (4) capital investment by the
business; (5) other benefits identified in the performance contract.




RETAIL INCENTIVE PROGRAMS                                                   Page 2 of 6
Performance contract means the contract containing retail incentives which may
ultimately be signed between an applicant and the City. (See Sections II. E. and III. C.
below.)

Primary trade area means the area shown on Exhibit B, attached.

Retail sales means sales as defined in the Bradley-Burns Uniform Local Sales and Use
Tax Law, at California Revenue and Taxation Code section 7200 and following.

Unique business means a business that is a regional draw for customers within a 30-
mile radius. The applicant will need to demonstrate that consumers typically are willing
to travel 30 minutes or more to their location, by providing data from other locations.




RETAIL INCENTIVE PROGRAMS                                                Page 3 of 6
                      II.   I-205 RETAIL INCENTIVE PROGRAM

A.    Purpose.

The purpose of the I-205 Retail Incentive Program is to attract “unique businesses” to
the existing I-205 agglomeration area to leverage the strengths of this area with public
sector support. This program is meant to attract new investment dollars by retailers that
are not currently serving the Primary Trade Area. This program is intended to use
sales tax rebate as the incentive.


B.    Eligibility and Thresholds.

To be an “eligible applicant” for the I-205 Retail Incentive Program, a business must
meet all of the following criteria:

          1. It must be the entity that will actually engage in “retail sales” within the
             City;
          2. Its point of sale must be the City of Tracy;
          3. It must be located within the I-205 Agglomeration area;
          4. It must not currently be located within the primary trade area;
          5. It must be a “unique business”, as defined;
          6. It must provide 5 years worth of actual annual sales for its two closest
             locations;
          7. It may not be a vehicle dealer or big box retailer, which is relocating from
             another jurisdiction within the same market area and is subject to the
             provisions of Government Code section 53084; and
          8. It must generate a minimum of $10 million in annual sales, and anticipate
             receiving approximately the amounts shown below as sales tax rebate.

              If the eligible applicant Then the applicant is eligible
              generates a minimum of: to receive a __% sales tax
                                        rebate on the portion of sales
                                        tax collected by the City.
                          $30M                       50%
                          $20M                       40%
                          $15M                       30%
                          $10M                       20%


C.    Procedure.

      1.       Application. An Eligible Applicant must complete a standard application
      form. The application form requires each applicant to provide basic information
      about its business including, but not limited to: a description of the business;
      projected annual sales; the number of jobs it will create; and what improvements
      it will complete.

RETAIL INCENTIVE PROGRAMS                                                Page 4 of 6
     2.     Evaluation and preparation of performance contract. Staff will review the
     application form for completeness. If it is complete and meets the thresholds
     specified in subsection B above, Staff will prepare a written performance contract
     (the “Performance Contract”) in a form approved by the City Attorney, which
     includes (but is not limited to) the following provisions:

        a. Term, including the period of time the sales tax rebate remains in effect;

        b. A requirements not to open the same business within the Primary Trade
           Area for the term of the agreement;

        c. A requirement to pay prevailing wages pursuant to Labor Code section
           1720 and following;

        d. A requirement that the business’ books, records and accounts be open to
           and available for inspection by the City for monitoring purposes, upon
           reasonable notice;

        e. A requirement that the business obtain a City business license and comply
           with all laws and regulations; and

        f. A provision indemnifying the City against any claim of violation of
           Government Code sections 53084 or 53084.5 regarding financial
           assistance that affects another public agency.

     3.    City Council review and decision. The proposed performance contract will
     be submitted to the City Council for its review and decision. Approval of a
     performance contract is within the complete discretion of the City Council.

     In making a decision whether to approve a performance contract, the City
     Council will take into account the direct public benefits to the City. (See Section
     I.B., Definitions, above.)




RETAIL INCENTIVE PROGRAMS                                               Page 5 of 6
               III.   WEST VALLEY MALL REVITALIZATION PROGRAM

A.     Goals and Objectives.

The purpose of the West Valley Mall Revitalization Program is to support and sustain
the West Valley Mall, a vital part of the City’s economic base and a significant source of
sales tax revenue to the City. This program is intended to provide financial assistance
in attracting and retaining an appropriate anchor tenant at the West Valley Mall.


B.     Program Guidelines.

The City Council may approve a financial incentive to the owners of the West Valley
Mall and/or to a prospective tenant of the West Valley Mall. The financial incentive must
be used only for tenant improvements to an anchor tenant space of 50,000 square feet
or more. The financial incentive may be either: (1) a sales tax rebate; or (2) direct
financial assistance with security, tied to future sales tax generation. The details of the
financial incentive must be reflected in a written agreement, in a form approved by the
City Attorney.

Each financial incentive agreement must be approved by the City Council only after
making findings that:

       1.     The net financial benefit to the public is larger than the financial incentive;

       2.     The agreement represents a direct public benefit (as defined);

       3.     There are identified City or other funds that are available to make the
       financial incentive; and

       4.     The financial incentive is secured by an appropriate form of financial
       security, if any direct financial assistance is involved.


C.     City Council Review and Decision.

The proposed performance contract will be submitted to the City Council for its review
and decision, based on the findings set forth in subsection III.B above. Approval of a
performance contract is within the complete discretion of the City Council.


Attachments:
      A      I-102 Retail Agglomeration map
      B      Primary Trade Area




RETAIL INCENTIVE PROGRAMS                                                   Page 6 of 6
       EXHIBIT A

I-205 Retail Agglomeration
    EXHIBIT B

Primary Trade Area
                                                                                May 4, 2010

                                AGENDA ITEM 5



REQUEST

     ADOPT A RESOLUTION OF INTENTION TO DISESTABLISH THE DOWNTOWN
     TRACY BUSINESS IMPROVEMENT DISTRICT (DTBIA) AND SET A PUBLIC
     HEARING FOR MAY 18, 2010


EXECUTIVE SUMMARY

     The newly established Downtown Tracy Community Benefit District and the existing
     parking and improvement business area known as the DTBIA (described below) share a
     common mission to revitalize downtown Tracy; therefore, the DTBIA is no longer needed
     as the Community Benefit District will pursue the same goals and objectives as the
     DTBIA. A Resolution of Intention must be adopted to begin the process to disestablish
     the DTBIA.

DISCUSSION

     In March, 1990 a parking and improvement business area known as the Downtown
     Tracy Business Improvement Area (the “DTBIA”) was created pursuant to the “Parking
     and Business Improvement Area Law of 1989”. Merchants located within the boundaries
     of the DTBIA essentially assess themselves on an annual basis and collectively use the
     money to augment City services. Historically DTBIA has focused the majority of its
     resources on marketing and special events to entice more people into downtown.

     A new improvement business area was established in the downtown under more recent
     legislation called the “Property and Business Improvement Area Law of 1994” on
     December 15, 2009. This new property and business area is known as the Downtown
     Tracy Community Benefit District (the “CBD”). The CBD will be operational July 1, 2010.
     The CBD and the DTBIA share a common mission to revitalize downtown Tracy;
     therefore, the DTBIA is no longer needed as the CBD will pursue the same goals and
     objectives of the DTBIA.

     Streets and Highways Code Section 36550 authorizes the City Council to disestablish a
     parking and improvement district by ordinance after adopting a Resolution of Intention
     prior to conducting a public hearing on the ordinance. The Resolution of Intention must
     fix a time and place for a public hearing to be held by City Council for the purpose of
     disestablishing the DTBIA. This hearing has been scheduled for 7:00 p.m., May 18,
     2010. The public hearing notice must be published one time in the Tri-Valley Herald
     newspaper and a copy of the Resolution of Intention must be mailed to each business in
     the DTBIA. The publication and notice shall be completed at least seven (7) days prior
     to the time of the public hearing.

     Any revenues derived from the levy of assessments by the DTBIA will be spent
     completing the improvements and activities contained in the most recent annual report,
Agenda Item 5
Page 2 of 2


       as may be amended from time to time. Any remaining revenues not spent will be
       returned to the owners of the businesses located and operating within the DTBIA by
       applying the same method and basis that was used to calculate the assessments levied
       in the most recent fiscal year such levies were collected.

FISCAL IMPACT

       There is no impact on the General Fund to disestablish the DTBIA. The City will no
       longer levy an assessment on the merchants within the DTBIA.

RECOMMENDATION

       Adopt a Resolution of Intention to Disestablish the Parking and Improvement Business
       Area known as the Downtown Tracy Community Benefit District and set a public hearing
       for 7:00 p.m., May 18, 2010.



Prepared by: Amie Parker, Economic Development Analyst

Reviewed by: Ursula Luna-Reynosa, Economic Development Director

Approved by: Leon Churchill Jr., City Manager


Attachment
Resolution of Intent
                                        RESOLUTION

           AUTHORIZING CITY COUNCIL OF THE CITY OF TRACY TO DECLARE
      ITS INTENT TO DISESTABLISH THE PARKING AND IMPROVEMENT BUSINESS
      AREA KNOWN AS THE DOWNTOWN TRACY BUSINESS IMPROVEMENT AREA


       WHEREAS, a parking and improvement business area known as the Downtown Tracy
Business Improvement Area (DTBIA) was created pursuant to Streets and Highways Code
Section 36500, et seq. in March, 1990; and

       WHEREAS, on December 15, 2009, the City established a new parking and
improvement business area pursuant to Streets and Highways Code Section 36600, et seq.,
known as the Downtown Tracy Community Benefit District, , thus eliminating the need to
continue the DTBIA; and

        WHEREAS, Streets and Highways Code Section 36550 authorizes the City Council to
disestablish a parking and improvement district by ordinance after adopting a resolution of
intention prior to conducting a public hearing on the ordinance.

        NOW, THEREFORE, the Tracy City Council does resolve, declare, determine and order
as follows:

   1. That it is the intent of the City Council to disestablish the parking and improvement
      business area known as the Downtown Tracy Business Improvement Area.

   2. A new parking and improvement business area known as the Downtown Tracy
      Community Benefit District has been established by the City Council and will become
      operational on July 1, 2010 and will take over the improvements and activities of both
      the DTBIA (and the City of Tracy Parking Assessment District), thus eliminating the need
      to continue the DTBIA.

   3. A public hearing shall be held before the City Council on May 18, 2010 at 7:00 p.m., or
      as soon thereafter as the matter can be heard, at 333 Civic Center Plaza, Tracy,
      California at which time the Council will hear all protest for or against the
      disestablishment of the DTBIA.

   4. City staff is instructed to publish this notice one time in the Tri-Valley Herald newspaper
      and to mail a copy of this resolution to each business in the DTBIA. The publication and
      notice shall be completed at least seven (7) days prior to the time of the public hearing.

   5. Any revenues derived from the levy of assessments by the DTBIA will be spent
      completing the improvements and activities contained in the most recent annual report,
      as may be amended from time to time. Any remaining revenues not spent will be
      returned to the owners of the businesses located and operating within the DTBIA by
      applying the same method and basis that was used to calculate the assessments levied
      in the most recent fiscal year such levies were collected.
Resolution ________
Page 2

                                      **********

       The foregoing Resolution __________ was passed and adopted by the Tracy City
Council on the 4th day of May, 2010, by the following vote:


AYES:        COUNCIL MEMBERS:

NOES:        COUNCIL MEMBERS:

ABSENT:      COUNCIL MEMBERS:

ABSTAIN:     COUNCIL MEMBERS:



                                                ____________________________
                                                       Mayor

ATTEST:


__________________________
        City Clerk
                                                                                     May 4, 2010

                                       AGENDA ITEM 6

REQUEST

     CONSIDERATION AND ADOPTION OF STANDARD PROCEDURES FOR ISSUING
     CEREMONIAL DOCUMENTS

EXECUTIVE SUMMARY

     The City of Tracy periodically receives requests for issuing formal recognition,
     certificates of appreciation or commendation and proclamations for a number of events
     programs or individuals. The City addresses these types of requests based on past
     precedent and does not have procedures or guidelines outlining criteria when
     considering these requests.

     Staff is requesting Council discuss and consider adoption of standard procedures for
     issuing ceremonial documents and other forms of recognition.

DISCUSSION

     Currently, the City does not have standard procedures for issuing ceremonial documents
     or other forms of public recognition. Decisions are made based on past precedent, and
     whether the request has local and/or regional appeal.

     The procedures outlined in this policy are intended to establish guidelines for issuing
     formal recognition in support of a particular event, program or cause, or recognition of a
     particular individual or group.

     Staff has reviewed the policies of various cities. While many smaller cities in California
     do not have formal written policies for issuing ceremonial documents, the trend among
     mid to larger cities is towards creating guidelines to ensure the event and/or individual
     being recognized has some connection to the local community.

     In some cities, for example, the Mayor and City Manager may approve requests for
     recognition if the request is consistent with a city’s guidelines, while requests that are
     inconsistent with policies must be approved by the City Council.

     Other cities have decided to issue different levels of recognition and classified them
     accordingly. For example, in one City, Type 1 Proclamations recognize local
     individuals/organizations and/or local regular and special events. Type 1 Proclamations
     are agendized and presented at City Council meetings. Type II Proclamations recognize
     regional or statewide events and are usually issued administratively and not presented
     at a City Council meeting.

     Other cities include Letters of Welcome issued to new residents, sporting events,
     dignitaries and prominent individuals. These forms of recognition have not typically
     been of high demand in Tracy.
Agenda Item 6
May 4, 2010
Page Two


       Based on a review of other cities’ policies and guidelines, as well as, taking into
       consideration the types of requests for recognition received in Tracy, staff developed the
       attached standard procedure for issuing ceremonial documents for Council discussion
       and consideration.

FISCAL IMPACT

       There is no fiscal impact with Council’s consideration of this item.

RECOMMENDATION

       That the Council discuss and consider adoption of the attached draft policy entitled
       “Standard Procedures for Issuing Ceremonial Documents.”

Attachment – “Standard Procedures for Issuing Ceremonial Documents”



Prepared by: Carole Fleischmann, Assistant City Clerk

Reviewed by: Maria A. Hurtado, Assistant City Manager

Approved by: Leon Churchill, Jr., City Manager
          STANDARD PROCEDURES FOR ISSUING CEREMONIAL DOCUMENTS
                       (Exhibit “A” to Resolution 2010- )

Applicability

This policy applies to all ceremonial documents, and other forms of recognition issued by the
City of Tracy.

Policy Statement

The procedures outlined in this policy are intended to establish guidelines for issuing formal
recognition in support of a particular event, program or cause, or recognition of a particular
individual or group.

The policy prohibits the City of Tracy from supporting, promoting, or otherwise making
endorsements for any religious purpose or activities with religious overtones. These religious
activities or events may include multi-cultural, cultural and religious ethnic events and activities.

Requests for Recognition

The City of Tracy will consider requests for proclamations, certificates of recognition,
commendation and/or appreciation from any group or individual. The request should have local
or regional appeal and promote activities taking place in the City. Requests for proclamations
should include a sample proclamation.

All requests are subject to approval by the Mayor or his/her designee, and only one ceremonial
document will be issued per event.

Types of Recognition

   1. Proclamations may be issued to recognize:
         • National events with widespread community interest or concern
         • Significant local, county or state activities which promote the health, welfare and
            heritage of the community, with an emphasis on events which support the City
            Council’s goals and objectives
         • Commemorative events
         • Civic celebrations

   2. Certificates of Recognition may be issued to recognize:
         • Exceptional accomplishments attained by local groups, businesses, civic
              organizations or individuals
         • Individuals or groups who have made significant contributions to the community
         • Outstanding achievements or contributions by non-profit organizations

   3. Certificates of Commendation may be issued for:
         • Acts of Heroism
         • School or sport groups’ achievements
Standard Procedures for Issuing Ceremonial Documents
Page Two


   4. Certificates of Appreciation may be issued for:
         • Monetary donations
         • In-kind contributions
         • Cultural contributions
         • Volunteer efforts

   5. Letters of Congratulations may be issued for:
         • Eagle Scout achievements
         • Significant birthdays, anniversaries or retirements
         • Significant anniversaries of City based institutions, corporations, community
             partners and non-profit organizations

Other Types of Presentations

The City Manager, or his/her designee, will have the authority to authorize employee awards
including Employee of the Month, Employee/Police Officer/Firefighter of the Year, etc.

Certificates of Appointment (or reappointment) will be presented to incoming Board and/or
Commission members, and Certificates of Recognition will be presented to outgoing members.
Public officials will be presented with Certificates of Election upon appointment, and with
plaques recognizing their years of service to the community at their final Council meeting.

The Mayor and Council Members may request acknowledgments in accordance with the
guidelines. To expedite requests, proclamations, certificates and letters will be signed by the
Mayor or his/her designee, but will be issued on behalf of the City Council.

The City also, on occasion, will issue other types of formal recognition including plaques, Keys
to the City, etc., as determined by the issuing official. The City Manager, or his/her designee
will be responsible for coordinating these presentations.

Submitting Requests

Requests for recognition should be sent to: City of Tracy, Attn: Mayor/Ceremonial Documents,
333 Civic Center Plaza, Tracy, 95376, at least 30 days prior to the requested date of
recognition. Requests must include the name and daytime phone number of the contact
person.

All requests will be subjected to a review and approval process. The City Manager, or his/her
designee, reserves the right to determine the type of document to be issued based on the
information provided by the requesting party. Submission of a request does not guarantee the
issuance of a ceremonial document.

Please specify whether the document should be mailed, held for pick-up or presented at a
special event. Documents will be presented at special events pending the availability of the
Mayor, his/her designee, or other city official. The City Manager, or his/her designee, will
determine the timing of presentations at specific City Council meetings based on the length of
the agenda and the availability of the Mayor or his/her designee.
                           RESOLUTION __________


            ADOPTING STANDARD PROCEDURES FOR ISSUING
                      CEREMONIAL DOCUMENTS

       WHEREAS, The City of Tracy periodically receives requests to issue
Proclamations in recognition of national and local events, Certificates of Recognition and
Commendation for accomplishments and achievements attained by individuals and
groups, and Certificates of Appreciation and Letters of Congratulation for contributions
and achievements; and

       WHEREAS, previously, the City has addressed these types of requests based on
past precedent.

         NOW, THEREFORE, BE IT RESOLVED, that Exhibit A (attached) establishes
criteria to be used in issuing Proclamations, Certificates of Recognition and
Commendation, Certificates of Appreciation and Letters of Congratulation on behalf of
the City of Tracy.

       The foregoing Resolution _________ was passed and adopted by the Tracy City
Council on the 4th day of May, 2010, by the following vote.


                                ************

AYES:          COUNCIL MEMBERS:

NOES:          COUNCIL MEMBERS:

ABSENT:        COUNCIL MEMBERS:

ABSTAIN:       COUNCIL MEMBERS:


                                                    _________________________
                                                    Mayor

ATTEST:

____________________
City Clerk
                                                                                     May 4, 2010

                                   AGENDA ITEM 8.A

REQUEST

     RECEIVE STATUS REPORT ON THE ECONOMIC DEVELOPMENT STRATEGY AND
     PROVIDE INPUT ON STRATEGIC GOALS AND OBJECTIVES

EXECUTIVE SUMMARY

     On March 23, 2009, the City Council held a 2-3 Year Planning Workshop and identified
     seven strategy priority areas. These are: 1. Public Safety, 2. Environmental
     Sustainability, 3. Communication/Marketing, 4. Economic Development, 5.
     Organizational Effectiveness, 6. Amenities, and 7. Traffic Mobility and Connectivity. This
     staff report presents the Economic Development strategy and the business plan.

DISCUSSION

     On March 23, 2009, the City Council held a 2-3 Year Planning Workshop and identified
     seven strategy priority areas. These are: 1. Public Safety, 2. Environmental
     Sustainability, 3. Communication/Marketing, 4. Economic Development, 5.
     Organizational Effectiveness, 6. Amenities, and 7. Traffic Mobility and Connectivity. This
     report focuses on the Economic Development strategy area.

     The purpose of the Economic Development strategy is to proactively engage the
     business community to strategically position Tracy for emerging opportunities. A
     complete business plan has been developed for each of the seven strategies. The
     Economic Development Business Plan is attached as Exhibit “A.”

GOALS

     The four goals identified in the Economic Development Strategy include the following:

     1. Increase the employment opportunities and sales tax base in Tracy;
     2. Invest in knowledge infrastructure to enable a knowledge based workforce;
     3. Ensure the physical infrastructure and systems necessary for development are in
        place;
     4. Establish relationships with the public, private and non-profit sectors to leverage
        resources.

     Overall, staff is on track with implementation of the objectives identified in the business
     plan for the past nine-month period. This staff report provides a status update on the
     four goals outlined in this strategy and highlights the objectives completed over the past
     nine months. For more detailed information, see Exhibit “A”.

     Understanding the economic conditions and prevalent trends in Tracy is critical to
     implementing a successful economic development program. Conducting an economic
     base analysis will help staff determine which business clusters and industry sectors to
     target based on size, growth potential or other criteria indicating that they are drivers of
     Tracy’s local economy. Indicators of industrial strength and vitality include; size of
     payroll, employment growth, regional competitiveness (regional growth versus state
Agenda Item 8.A
May 4, 2010
Page 2

      growth), regional concentration, growth in regional concentration and prosperity index
      (payroll growth versus job growth). The results of an economic base analysis are the
      blue print for a quality economic development strategy. Conducting an economic base
      analysis is one of the critical components of the economic development business plan
      and many subsequent actions and tasks are based on the results of this analysis.

      GOAL 1: INCREASE THE EMPLOYMENT OPPORTUNITIES AND SALES TAX
              BASE IN TRACY

      This goal consists of four objectives designed to increase the quantity and quality of jobs
      in Tracy. These objectives are: diversify Tracy’s economic base; attract distributors and
      manufacturers that will locate their point of sale in Tracy, and evaluate the sign
      ordinance and identify opportunities and constraints as it relates to retail development.

      The following actions related to implementing the above-referenced goals have been
      completed: adopted the I-205 Incentive Program, implemented the $500 Gift Card Get
      More Campaign, hosted Taste of Tracy events, established the Tracy Downtown
      Community Benefit District, performed 15 business retention visits, attended 3 trade
      shows (Solar Power International, MDM (Medical Device Manufacturing), WestPak, and
      BIO 2010), conducted initial outreach to I-205 stakeholders regarding signage and
      issued 126 Enterprise Zone vouchers.

      GOAL 2: INVEST IN KNOWLEDGE INFRASTRUCTURE TO ENABLE A
              KNOWLDEGE BASED WORKFORCE

      This goal consists of three objectives: engage the Tracy Unified School District in
      dialogue regarding the workforce of tomorrow; support higher education opportunities in
      Tracy; and assist targeted industries to organize a collaborative skills alliance to train
      workers in skills where there is a shortage of labor.

      Actions and tasks related to the above-referenced goals have long-term due dates.
      While work has commenced, no activities have been sufficiently completed yet to report.

      GOAL 3: ENSURE THE PHYSICAL INFRASTRUCTURE AND SYSTEMS
              NECESSARY FOR DEVELOPMENT

      This goal consists of two objectives: entitle key properties and finance infrastructure that
      will be a catalyst for future private sector development; and continue to improve and
      streamline the development review process.

      Actions and tasks related to the above-referenced goals have long-term due dates.
      While work has commenced, no activities have been sufficiently completed yet to report.

      GOAL 4: ESTABLISH RELATIONSHIPS WITH THE PUBLIC, PRIVATE, AND NON-
              PROFIT SECTORS TO LEVERAGE RESOURCES

      This goal consists of two objectives: create collaborative business networks that identify,
      craft and implement solutions to problems; and ensure the flow of capital into the Tracy
      market.
Agenda Item 8.A
May 4, 2010
Page 3

       The following actions related to implementing the above-referenced goals have been
       completed: established and capitalized the Grow Tracy Fund and hosted the Small
       Business Workshop.

       PERFORMANCE MEASURES

       Staff has identified eight performance measures to ensure goals are being met. These
       include:

          1. Increase by 5% the number of jobs in Tracy by July 1, 2014
          2. Raise by 5% average per capita incomes by July 1, 2014
          3. Increase the amount of Workforce Investment Act funds benefitting Tracy
             businesses by 5%
          4. A 5% decrease among business owners that indicate finding qualified workers is
             their number one concern when surveyed
          5. To complete 90% of all plan reviews and permit inspections within the
             Development and Engineering Services Department’s (DES) time standards
          6. To receive a rating of good or better on 90 % of our DES customer satisfaction
             surveys
          7. A 5% increase among business owners that indicate that the City actively
             engages in collaborative partnerships to the benefit of the business community
          8. A 5% increase in the amount of funds being lent to Tracy businesses

FISCAL IMPACT

       General Fund impacts vary on a case-by-case basis. Any actions outside of the
       approved budgeting process will be presented to City Council as realized.

RECOMMENDATION

       That Council receives a status report on the economic development strategy and
       provides input and confirmation on strategy goals and objectives.


Prepared by: Ursula Luna-Reynosa, Economic Development Director

Approved by: R. Leon Churchill, Jr., City Manager

Attachments: Exhibit “A” – Economic Development Business Plan
                  FY 09 / 11 ECONOMIC DEVELOPMENT STRATEGY BUSINESS PLAN
                  Purpose: Proactively engage the business community to strategically position Tracy for emerging opportunities.


Goal              Objective                    Action/Tasks                            Lead Staff        Due Date          Status Comments
                  I.a. Increase the quantity I.a.i. Conduct 48 business retention     Ursula Luna-         June 30, 2011        As of 3/4/10, fifteen business
I. Increase the   and quality of jobs in     visits                                   Reynosa                                   retention visits have been
employment        Tracy                                                                                                         performed
opportunities                                I.a.ii. Conduct economic base/           Ursula Luna-          May 30, 2010
and sales tax                                industry cluster analysis                Reynosa
base in Tracy
                                               I.a.iv. Work with Marketing Team       Amie Parker          June 30, 2010
                                               and send direct, targeted marketing
                                               pieces to targeted industries


                  I.b. Diversify Tracy's       I.b.i. Conduct emerging industry       Ursula Luna-          May 30, 2010
                  economic base                cluster analysis                       Reynosa


                                               I.b.ii. Research location needs for    Sharon Marr          June 30, 2010
                                               emerging industries


                                               I.b.iii. Work with Marketing Team      Amie Parker        August 31, 2010
                                               and send direct, targeted marketing
                                               pieces to emerging industries that
                                               are a good fit for Tracy (i.e. Tracy
                                               meets their locational needs)
                  I.c Attract distributors     I.c.i. Attend 4 Bay Area outreach      Leon Churchill   December 31, 2010
                  and manufacturers that       visits with San Joaquin Partnership
                  will locate their point of   I.c.ii. Attend 4 trade shows with San Ursula Luna-          June 30, 2011
                  sale in Tracy.               Joaquin Parterhsip                    Reynosa/                                   As of 3/4/10, two trade shows
                                                                                     Andrew Malik                               have been attended
Goal                Objective                    Action/Tasks                             Lead Staff          Due Date            Status Comments
                      I.d. Evaluate the sign     I.d.i. Coordinate internal group      Bill Dean                 June 30, 2010
                      ordinance and identify     including representatives from                                                             This objective is a task in the
I. Increase the
                         opportunities and       economic development and planning                                                          Zoning Code Update project.
employment
                     constraints as it relates   to identify potential changes to sign                                                      Public hearings with both the
opportunities
                      to retail development.     ordinance or I-205 Specific Plan                                                           Planning Commission and City
and sales tax
                                                                                                                                            Council are integral to this
base in Tracy
                                                                                                                                            project. Signage will track with
(cont.)                                                                                                                                     the overall Zoning Code Update
                                                                                                                                            project.
                                                 I.d.ii. Coordinate external group      Ursula Luna-             June 30, 2010
                                                 including community members,           Reynosa
                                                 property and business owner
                                                 stakeholders to identify potential
                                                 changes to sign ordinance or I-205                                                         As of 3/4/10, staff has conducted
                                                 Specific Plan                                                                              initial outreach to stakeholders
                                                 I.d.iii. Consolodate internal and      Bill Dean          December 31, 2010
                                                 external group feedback into final
                                                 recommendations


Footnote: While the following activities don't necessarily fall under a particular action or task listed above, they do support Goal I; the I-205 Retail Incentive Program was
adopted in July of 2008, the $500 Gift Card Get More Campaign was initiated in May of 2009 and all 500 gift cards were distributed by July 31, 2009, the City hosted the
Taste of Tracy events during the summer of 2009, and the Tracy Downtown Community Benefit District was approved in December of 2009.
Goal              Objective                  Action/Tasks                              Lead Staff      Due Date            Status Comments
                  II.a Engage TUSD in        II.a.i. Identify skill sets for emerging Sharon Marr         July 31, 2010
II. Invest in     dialogue regarding the     industries
knowledge         workforce of tomorrow
infrastracture to                            II.a.ii. Work with TUSD personnel,       Monica             June 30, 2011
enable a                                     business community, and WIA              Gutierrez
knowledge                                    partners to identify 4 "training"
based workforce                              opportunities in classroom

                  II.b Support higher        II.b.i. Work with higher education       Amie Parker        June 30, 2011
                  education opportunities    institutions to provide at least 4 new
                  in Tracy                   degree programs in Tracy

                                             II.b.ii. Work with Concord Eastridge     Ursula Luna-        April 30, 2011
                                             to complete master plan and entitle      Reynosa/
                                             Chrisman site into a mixed-use           Andrew Malik
                                             project with higher education as
                                             anchor
                  II.c. Assist targeted      II.c.i. Finalize a list of businesses/   Amie Parker    December 31, 2010
                  industries to organize a   industries that are having difficulty
                  collaborative skills       finding trained workers
                  alliance to train workers
                  in skills where there is a
                  shortage of labor          II.c.ii. Invite identified businesses/   Monica             June 30, 2011
                                             inudustries, Workforce Investment        Gutierrez
                                             Act (WIA) partners and education
                                             providers to industry specific round
                                             table discussions to memorialize a
                                             collaborative skills alliance for
                                             existing and emerging industry
                                             clusters.
Goal              Objective                     Action/Tasks                             Lead Staff      Due Date           Status Comments
                  III.a. Entitle key            III.a.i. With the cooperation of        Andrew Malik       June 30, 2011
III. Ensure the   properties and finance        property owners, complete the
physical          infrastructure that will be   entitlements of 5,000 acres of future
infrastructure    a catalyst for future         industrial and commercial sites                                                  Infrastructure studies are
and systems       private sector                                                                                                 currently under way
necessary for     development                   III.a.ii. Identify the infrastructure   Amie Parker         July 31, 2010
development                                     needs of targeted and emerging
                                                industry clusters
                  III.b. Continue to            III.b.i. Push as many discretionary Andrew Malik       December 31, 2010
                  improve and streamline        actions to the administrative level as
                  the development review        possible
                  process                       III.b.ii. Recommend streamlined        Alan Bell       November 30, 2010
                                                development review process and                                                   Zoning Code update and
                                                authority as part of zoning code                                                 recommendations staff review
                                                update                                                                           are currently under way
                                                III.b.iii. Recommend streamlined        Kul Sharma       October 31, 2010
                                                Professional Service Agreement
                                                approval to expedite development
                                                process.
                  IV.a. Create                  IV.a.i. Establish at least three      Ursula Luna-          July 31, 2010
IV. Establish     collaborative business        industry network business             Reynosa
relationships     networks that identify,       collaboratives
with the public, craft and implement            IV.a.ii. Establish an annual business Amie Parker        October 31, 2010
private, and non- solutions to problems         summit
profit sectors to
leverage          IV.b. Ensure the flow of      IV.b.i. A minimum of $4M of funding Ana Reynoso        December 31, 2012
resources         capital into the Tracy        from the Grow Tracy Fund invested                                                The Grow Tracy Fund was
                  market                        in Tracy                                                                         approved in December of 2009
                                                                                                                                 and is actively being marketed to
                                                                                                                                 the Tracy business community
                                                IV.b.ii. Establish a small business     Amie Parker       March 31, 2010         The first Small Business
                                                business workshop that has a                                                     Workshop was held on February
                                                finance panel                                                                    17, 2010 and staff received
                                                                                                                                 positive feedback

								
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