On April 11, the San Joaquin County Superior Court issued its final ruling in the TRAQC v. city of Tracy case. The court found that the Tracy City Council acted unreasonably and abused its discretion when it violated Measure A.

After the court issued a “tentative decision” last November, finding the council violated Measure A in adopting Ordinance 1095, the city requested the court to issue a “statement of decision” focusing on specific issues the City Council wanted addressed. Specifically, the City Council wanted a ruling as to whether its actions were reasonable or unreasonable. The court ruled the council’s actions were “unreasonable.”

I am a Tracy Region Alliance for a Quality Community member, and I signed the petition challenging the council’s attempt to circumvent Measure A last year. I pursued this legal action because the City Council and mayor are not above the law and should obey the law. 

It is important that the people of Tracy know specifically what the court concluded. As a way to get political and legal coverage, the council asked the court to find that its actions were “reasonable.”

Instead, the court stated: “Contrary to Respondents’ suggestion, then, it is not reasonable, or reasonably possible, to conclude that the Tracy voters intended to authorize the City Council to subsequently amend Measure A’s limit on Development Agreements without first submitting such an amendment to a vote of the people. Instead, the voters in adopting Measure A clearly intended to prevent any amendments to the GMO’s (Growth Management Ordinance) limit on Development Agreements that are not ‘consistent with the terms and purposes of (the) Initiative Ordinance.’”

The council asked the court to find that the council’s decision was entitled to deference, a legal term meaning roughly that in a tie, you err on the side of the city. Instead, the court found that the council was not entitled to any deference because it acted contrary to Measure A’s purposes. The court stated: “Accordingly, pursuant to the Supreme Court’s holding in Amwest, the City of Tracy’s interpretation of Measure A is not entitled to deference because it is clearly contradictory to Measure A’s purposes and does not give Measure A ‘the effect the voters intended it to have.’”

The court then issued its judgment ordering the city to set aside its illegal Ordinance 1095 and stop its violation of Measure A: “Judgment granting a peremptory writ of mandate is entered in favor of Petitioner in this proceeding. … The Court finds that Respondents committed a prejudicial abuse of discretion by adopting city of Tracy Ordinance 1095. … Measure A, an initiative ordinance adopted by the voters of the city of Tracy on Nov. 7, 2000, expressly limited the number of RGAs that could be awarded by Development Agreement(s) to 225 per year. Ordinance 1095 is inconsistent with Measure A. Because Measure A as a matter of law may only be amended by the voters of the city of Tracy, Respondents’ adoption of Ordinance 1095 constituted a prejudicial abuse of discretion.”

The court ordered the council to set aside its illegal ordinance within 30 days and granted an injunction against proceeding with the development agreements: “A peremptory writ of mandate directed to Respondents shall issue under seal of this Court, ordering Respondents to vacate and set aside, within thirty (30) days from service of the writ of mandate, Ordinance 1095 in its entirety and all other actions taken by Respondents to approve or implement such Ordinance.

“Injunctive relief is granted consistent with this ruling. Respondents and their agents, employees and persons acting in concert with them are enjoined from any and all actions to further implement Ordinance 1095.” 

The court’s findings, conclusion and order were unequivocal. Only Councilwoman Irene Sundberg voted against the illegal ordinance, both development agreements and spending money to defend the illegal ordinance in court.

The council may decide to appeal. It is my hope they will not spend any more taxpayer money on the Tracy Hills and Ellis developments. I expect that the city, with Ellis and Tracy Hills and its front group, Let Children Play Now, will develop a new scheme to get around Measure A.  

We look to our elected officials for vision and leadership, wisdom and common sense, and respect for the law and the voters. I hope the council will remember the words of the court so as not to abuse its discretionary authority again.

Terry Ronneberg, a retired city of Tracy water resource coordinator, is a member of Tracy Region Alliance for a Quality Community.