Tracy Municipal Code Ch. 2.04 City Council Organization and Procedure

For the purposes of this chapter, "Council meetings" shall refer to any regular, adjourned, special, study session, workshop, or executive session meeting.

(Prior code § 2-1.01)

Regular meetings of the Council shall be held at 7:00 p.m. on the first and third Tuesday of each month in the Council Chambers, located at 333 Civic Center Plaza, which is hereby designated as the place for Council meetings.

(Ord. 1104 § 1, 2007: prior code § 2-1.02)

(Relocated to § 2.01.040 by Ord. No. 1381, § 7, 2-3-2026)

(a) Definitions. For purposes of this Section, the following definitions shall apply:

(1) Board or Commission. The term "board or commission" means an appointed board or commission created by the City and specifically does include advisory boards or commissions.

(2) Business. The term "business" means any corporation, partnership, sole proprietorship, firm, enterprise, franchise, association, organization or any other legal entity, whether for profit or non-profit.

(3) City. The term "City" includes any commission, board, department, agency, committee, or other organizational unit of the City of Tracy.

(4) Contract. The term "contract" means any agreement to which the City is a party, including grants or other funds provided by the City to any Business. Contracts shall not include exercise by the City of police or taxing powers, specifically the granting of business licenses and/or approvals of land use or building permits. For purposes of this Ordinance, "contracts" shall explicitly exclude utilities accounts and purchase and sale agreements for real property

(5) Subcontract. The term "subcontract" means a contract to perform any work that a primary contractor has an agreement with the City to perform.

(6) Appointed Employees means City Manager and City Attorney.

(7) Financial Benefit means salary, wages, per diem, honorariums, incentive payments, commissions, payments or reimbursement for expenses, including travel payments provided by your employer. Financial Benefit means all of the above referenced categories received from any person, entity, corporation or non-profit.

(8) Immediate family member means any and/or all spouses, partners or adult children, whether they live in a single household or not.

(b) Prohibition. No member of the Council, Appointed Employees, City Treasurer or a member of any board or commission of the City shall, during his or her term of office, contract or subcontract with the City.

(c) Exceptions. This Section shall not apply to the following contracts or subcontracts:

(1) A contract or subcontract with a business with which Council, Appointed Employees, City Treasurer or a member of a board or commission is affiliated unless the member or his or her immediate family exercises management and control over the business. A Council Member, Appointed Employees, City Treasurer or a member of a board or commission exercises management and control if he or she is:

(A) An officer or director of a corporation, but specifically excludes volunteer Board of Director members who receive no Financial Benefit;

(B) A majority shareholder of a closely held corporation;

(C) A shareholder with more than five percent beneficial interest in a publicly traded corporation;

(D) A general partner or limited partner with more than 20 percent beneficial interest in the partnership; or

(E) A general partner regardless of percentage of beneficial interest and who occupies a position of, or exercises management or control of the business.

(2) A contract with the City entered into before a member of the Council, elected Treasurer, appointed employee or a member of a board or commission, commenced his or her service.

(3) A settlement agreement resolving a claim or other legal dispute.

(4) The Appointed Employees shall be allowed to contract with the City the terms and conditions of their employment.

(d) A City Council Member shall recuse (as defined by the Fair Political Practices Commission) themselves from any vote regarding any Memorandum of Understanding between the City and any lawfully recognized bargaining unit in which a City Council member has an immediate family member.

(Ord. No. 1261, § 1, 9-4-2018)

(a) The salary of each member of the City Council of the City of Tracy shall be set at One Thousand Nine Hundred and no/100ths dollars ($1,900.00) per month.

(b) The Mayor shall receive an additional Two Hundred and no/100ths ($200.00) dollars per month.

(Ord. No. 1283, § 1, 1-21-2020; Ord. No. 1325, § 1, 12-21-2021; Ord. No. 1351 , § 1, 10-15-2024)