[13:49] >> all right, good evening. I'm going to call the meeting to

[13:51] order at 7:00 p.m. For july 7th, 2026.

[13:54] at this time there is no disclosure pursuant to ection

[14:00] 5495.8.3. Roll call and declaration of

[14:03] conflicts, please. [roll call]

[14:17] thank you, we have a quorum. >> thank you.

[14:20] please stand and joni for the pledge of allegiance.

[14:25] >> I pledge allegiance to the flag of the united states of

[14:29] america, and to the republic for which it stands, one nation,

[14:33] under god, indivisible, with liberty and justice for all.

[14:38] >> now please remain standing for our indication from pastor

[14:40] scott mcfarland from journey christian church.

[14:45] >> father god, as we celebrated our 250 years as a nation, we

[14:50] owe you a great debt of gratitude.

[14:53] thank you, father, and for the forefathers who had the courage

[14:59] to establish this country -- [inaudible]

[15:04] thank you for working through all of our leaders,

[15:09] first responders, military, and for inspiring us to stand as one

[15:13] nation under god, using this nation to encourage freedom

[15:16] everywhere. God, we know we are imperfect

[15:19] and we fail at times, yet your steady hand continues to lead us

[15:23] forward, so we honor you for that and thank you for it as a

[15:26] country. Tonight we pray for our city

[15:28] leaders, our families, and all that serve this city.

[15:30] may you fill this room with your wisdom and peace so we can

[15:35] continue to honor the legacy you started 250 years ago.

[15:38] we ask this in your holy name. Amen.

[15:44] >> thank you, pastor. Please be seated.

[15:53] members of the public can participate in tonight's meeting

[15:57] remotely t, using the informatin provided on the screen.

[16:04] this is also available in writing here at city hall as

[16:07] well as on the city website. At this time it takes us to

[16:12] presentations and I will turn it over to our police chief.

[16:29] >> good evening, everyone. That wasn't very welcoming.

[16:33] good evening, everyone. I've got the honor of presenting

[16:36] the employee of the month for te month of july.

[16:41] it happens to be one of our own. Where is travis?

[16:43] that he is. I wanted to make sure he was

[16:47] here. It is my privilege, detective

[16:53] alexander has been a stellar employee, and I want to share a

[16:56] little bit about his background, what makes them so special.

[16:59] he was born and raised here in the city of tracy or he's always

[17:05] been committed to serving his home town and began well before

[17:09] he was a police officer. He attended wanda hirsch elinor

[17:14] driscoll and george kelly element to school, williams

[17:16] middle school, and graduated from kimball high school class

[17:20] of 2013. He later earned his associate's

[17:22] degree in criminal justice from san joaquin county college.

[17:27] his career with the tracy police department began at the age of

[17:32] 16 when he joined the police department explorer program back

[17:36] in 2011. As an explorer -- I'm sorry, I

[17:40] probably hould have introduced koda.

[17:42] it's not just him. They are a dynamic deal.

[17:44] I on't have koda's bio but I will share a small story about

[17:48] her. As an explorer he participated

[17:51] in right along's, community events and hands-on training.

[17:56] that introduced him to the profession he fell in love with.

[17:59] he learned from officers who eventually became his colleagues

[18:02] and mentors. After aging out of the program

[18:06] in 2016, he returned to the department in 2017 as a

[18:09] community services officer, where he gained valuable

[18:14] experience writing reports, assisting the public, and

[18:17] responding to calls for service. In 2018 we hired him as a police

[18:21] officer trainee and he attended the alameda county sheriff's

[18:25] office police academy. As a member of the 163rd academy

[18:29] class, since becoming a sworn officer he served in a variety

[18:33] of assignments to include patrol, our special enforcement

[18:37] team, we call it s.e.t., and erourspecial investigations unit

[18:45] where he is a detective. Among many assignments he

[18:49] considers serving as a detection k-9 handler to be his most

[18:53] rewarding to date. He's part of the work alongside

[18:56] his yellow lab here and our superstar retriever, k-9 koda,

[19:03] and koda is a she. The name is unisex but I made

[19:06] the mistake of referring to her as he after an amazing case

[19:11] these last few days. I won't get into the details of

[19:15] it but koda made a huge find and it was an amazing case.

[19:18] so we appreciate all they collectively do.

[19:23] in addition to his primary duties, detective alexander

[19:26] remains actively involved throughout the department.

[19:27] he serves as one one of the jur cadet advisors.

[19:32] quick story about that, this past weekend or the weekend

[19:36] after last, fourth of july, part of his instruction and

[19:40] mentorship along with the other advisors allowed our junior

[19:48] cadets to win multiple awards this past explorer competition.

[19:52] it's a testament to his commitment having been in their

[19:56] shoes, so he gives back. He's also a s.w.a.t. Sniper

[20:02] operator, a treasurer for the tracy police k-9 association.

[20:06] these roles reflect his commitment to mentorship not

[20:10] only to the future officers we have here, that his fellow

[20:13] employees and contributing both on the street and internally.

[20:21] outside of work he enjoys fishing, hiking, mountain b

[20:25] mountain biking, and spending time with his wife, amy, I

[20:32] didn't want to not acknowledge her, and the three dogs, scout,

[20:37] plato, and of course koda, who has been adopted into the family

[20:40] as a little sister. Travis is also passionate

[20:44] supporting the northern california special olympics, a

[20:47] cause he he is especially fond of because of his mother,

[20:55] sharon, who helped establish a new special olympics branch in

[20:59] pleasanton. She inspired his dedication to

[21:00] these incredible athletes and he gives back serving the

[21:07] organization. He encourages everyone who is

[21:09] able to support special olympics through donations or volunteer

[21:14] service. Every contribution helps to

[21:16] provide life-changing opportunities for athletes to

[21:22] compete, build confidence, and experience the power of

[21:23] inclusion. I know that was long but I want

[21:25] to give a round of applause to captain alexander.

[21:30] come on up. I will say this in closing, our

[21:36] city manager couldn't be here but she called me before she

[21:48] left and expressed appreciation for the conversation as she was

[21:49] extremely moved by how committed you are.

[21:50] thank you very much. A little shy today.

[22:19] thank you. >> his sister is in the

[22:25] audience. >> hi.

[22:26] and his sister is in the audience.

[22:33] >> we have a few more proclamations.

[22:34] I will ask council to join me. >> congratulations again,

[23:00] detective. We have a few certificates to

[23:03] recognize our military enlistments so I'm going to ask

[23:05] them to come up. They can say a word if they'd

[23:07] like and we will do a group photo at the end.

[23:10] with that, our first person is carina barrios godinez.

[23:24] on behalf of the city of tracy, we have a certificate of

[23:28] recognition on the occasion of your enlistment in the

[23:33] united states air force. Next up we have miguel calderon.

[23:53] we have a certificate of recognition presented to miguel

[23:57] calderon on the occasion of your enlistment in the united states

[24:00] air force. Next, martin adam soriano.

[24:17] we have a certificate of recognition presented to martin

[24:21] adam soriano on the occasion of your enlistment in the

[24:24] united states air force. Next up, chastity lott.

[24:45] juan florez. Alisalecia perez.

[24:59] we have a certificate of recognition presented to alecia

[25:01] perez on the occasion of your enlistment in the united states

[25:04] army. Let's grab a photo for everyb

[25:20] everybody. All right, another round of

[25:37] applause for all our military enlistments.

[25:39] [applause] next up we have a certificate

[25:46] appointmofappointment and I wouo invite r. Powell.

[26:02] we have a certificate of appointment to certify that

[26:05] dr. Powell was appointed to the parks and community services

[26:08] commission for a term commencing june 23rd, 2026, and expiring on

[26:16] january 31st, 2028. Congratulations, commissioner.

[26:27] >> good evening, everyone. First, let me just say happy

[26:29] parks and rec month! Is an honor to be appointed in

[26:37] this capacity. I look forward to serving our

[26:40] community as they continue to do the great work that they are

[26:45] doing and as we work to continue to ensure that the residents of

[26:49] tracy are well. Thank you so much.

[27:06] >> another round of applause for the commissioner.

[27:12] and last but not least, we have a proclamation for parks and

[27:16] recreation month, so I would like to invite commissioner todd

[27:21] leleeberg and whoever else would like to join, as well.

[27:31] come on up. Don't be shy.

[27:39] come on up! As you can see we have a big

[28:10] parks and recreation team in the city and they are going to

[28:16] recognize july 2026 as parks and recreation month.

[28:20] the city of tracy parks and recreation and community

[28:21] services department is fundamental to our city's

[28:25] identity, quality of life through innovative programming,

[28:29] beautiful open spaces, and exceptional community services

[28:32] for all ages and abilities. Whereas tracy's localized parks

[28:35] and open green spaces serve as vital community acres providing

[28:39] safe welcoming environments that foster social connection, active

[28:43] outdoor play, and mental well-being for families and

[28:46] neighbors. With our city's diverse

[28:49] recreation programs they offer creative community experiences,

[28:53] enriching activities, our adult softball league, all of which

[28:56] promote healthy lifestyles and bring a sense of fun and

[29:00] vitality to tracy. The public swimming pool, open

[29:03] green spaces, and recreational facilities ensure had

[29:08] opportunity to exercise, relaxation, and play, and

[29:13] whereas they provide a crucial location ensuring residents have

[29:20] an essential space to beat the heat, exercise, nd gather.

[29:24] and whereas the department demonstrates an unwavering

[29:27] commitment to community care through specialized spaces and

[29:30] target initiatives including invaluable services at the

[29:39] senior center as well as dedicated youth and teen

[29:40] opportunities. And whereas our local park

[29:44] system provides urban green spaces to support conservation,

[29:49] foster civic pride, and build a more sustainable and resilient

[29:52] environment for future generations.

[29:54] whereas the national recreation of parks association and the

[29:59] u.s. House of representatives recognize july as national parks

[30:00] and recreation month, highlighting the transformer the

[30:04] power of local parks and dedicated recreation staff and

[30:08] building strong communities. Therefore be it resolved that

[30:11] I'd, dan arriola, mayor of the city of tracy, on behalf of the

[30:16] city council, to proclaim july 2026 as parks and

[30:20] recreation month in tracy and urge our volunteers and

[30:23] residents to make a positive difference in our community.

[30:27] thank you. >> thank you, mr. Mayor, council

[30:38] members. On behalf of the parks and

[30:39] community services commission I am proud to accept this

[30:44] proclamation. Parks make lives better.

[30:46] that is something we see every day in the city of tracy.

[30:51] parks are what make tracy special, it's where you take

[30:53] your children for the first swing of the bat, the first pick

[30:57] of the ball. When they are on the playground

[30:58] where families gather or neighbors celebrate together,

[31:04] residents of all races, ages, genders come together for

[31:08] active, healthy, connected lifestyles.

[31:11] our parks, our trails, our sports fields, recreation

[31:15] programs, community events, they all contribute to what makes

[31:19] tracy special. I would like to recognize first

[31:21] our city of tracy staff. They really do a great job for

[31:25] the parks, so thank them for all the amenities that you guys

[31:29] enjoy, but also the staff, the volunteers, the young employees

[31:33] here that are actively engaging with the youth to make this a

[31:37] special place. I want to embarrass two of them

[31:41] specifically, breanna and gillian, who are former tracy

[31:45] high water polo players. I had the privilege of coaching

[31:48] them. I just wanted to embarrass them

[31:50] and call them out. As we celebrate parks and

[31:53] recreation month, I encourage everyone to get outside to

[31:57] explore our parks, participate in a program, register for a

[32:01] class, swim in the pool. In a few years you will have the

[32:04] opportunity to swim in our brand-new aquatic center.

[32:07] I could not go without saying that.

[32:11] thank you. Thank you for the proclamation.

[32:12] I appreciate it. >> lets come onto the side.

[32:41] [inaudible] >> can we kneel?

[33:02] >> ready? One, two, three.

[33:09] >> another round of applause. [applause]

[33:36] >> all right. We will allow a minute for folks

[33:40] to exit from the presentations. All right, thank you.

[34:33] my understanding is that the mayor pro tem had a motion.

[34:38] >> yes, please. I previously requested this item

[34:39] but I would like to make a motion to object to the

[34:44] consideration of 6c and have it killed and not move forward at

[34:48] all. >> to suspend the rules of

[34:52] naming of individual sports fields at the ballpark, at tracy

[34:57] pioneer sports park? And then can you clarify any

[35:02] procedural issues? >> yes, this is subject to the

[35:06] rosenberg rules this counsel abcouncilabides by.

[35:12] it is not a debate motion and it does require four fifths

[35:15] approval tonight to do that. It would take the item off the

[35:19] agenda for this evening. >> can you clarify, if the

[35:23] motion fails, what happens? >> it would go as regularly

[35:27] scheduled. >> understood.

[35:28] the mayor pro tem has made a motion.

[35:31] you have a second? >> second.

[35:34] >> we have a priest and a second.

[35:34] and that would be to kill the motion from the agenda.

[35:38] roll call, please. >> mayor pro tem abercrombie?

[35:43] >> yes. >> councilmember evans?

[35:46] >> yes. >> councilmember bedolla?

[35:48] >> yes. >> council member nygard?

[35:52] >> yes. Mayor arriola?

[35:54] >> yes. With that, the item dies and we

[35:56] will not consider any change to that process.

[35:58] so the process will continue normally for the naming process.

[36:03] >> consistent with council direction with the last meeting

[36:07] that addressed that item, yes. >> thank you, mayor pro tem.

[36:10] that brings us to the consent calendar.

[36:14] are there any members of the council who would like to pull

[36:19] any consent items? >> yes, mary.

[36:21] I have been requested to pull item 3w.

[36:27] >> mayor, I request to pull 3l. >> all right.

[36:36] a lot of items on his agenda. The second reading for oversized

[36:45] vehicles, and 3l was related to the transit station's emergency

[36:50] backup generator. Anything on the side?

[36:55] did staff have any items to pull?

[36:58] >> no items to pull. >> did any members of the public

[37:01] want to pull an item? I understand there is a request

[37:05] for item 3b? Is that correct?

[37:15] was their speaker cards for a certain item?

[37:19] 3b will be pulled. Other than 3b, l, and w, are

[37:26] there any items to be pulled? 3c.

[37:34] 3b was regarding maps for the tracy hills commerce center.

[37:40] 3c was related to the rocking horse development project, an

[37:47] and 3q... Was related to the execution of

[37:56] a fee credit reconciliation. Bclq, w.

[38:05] where there any other items to be pulled?

[38:10] we can go through them individually.

[38:12] so those items will all be pulled, and other than that, I

[38:16] will entertain -- is there anyone online?

[38:21] >> no, no hands on line. >> with that, I will entertain a

[38:25] motion. >> I make a motion to approve

[38:27] the consent calendar minus items b, c, l, q, and w.

[38:35] >> second. >> we have a first and second.

[38:37] roll call, please. [roll call]

[38:48] >> all right, we'll start with item 3b related to the final map

[38:51] for the tracy hills commerce center.

[38:59] >> good evening, council. I am al gali, associate

[39:02] engineer. This couns council item is for m

[39:09] south of the canal. The developer is ridgeline

[39:12] property group. Its development is within the

[39:15] tracy hills specific plan and it's called the tracy hills

[39:17] commerce center. The purpose of this counsel item

[39:20] is the approval of a subdivision agreement and the final map for

[39:26] tract 4113. This would guarantee the

[39:29] construction of required public improvements such as a widened

[39:34] road and public street. This will create lots of record

[39:38] for industrial lease and sale. This concludes my summary f the

[39:40] project and I am available to answer any questions.

[39:44] >> thank you. I will go to council for

[39:46] preliminary questions. Is there any from council?

[39:54] mayor pro tem? >> can you please

[40:01] explain -- there was a process for objecting to this project, I

[40:04] believe that time has expired. What would be the ramification

[40:08] should we try to halt this at this time?

[40:13] >> when the project is approved by city council and is no more

[40:17] discretionary, as this project was on july 1st, 2025, the ime

[40:21] period to challenge it is based on whether or not a notice of

[40:24] decision is filed. In this case, it was.

[40:26] so you would have 30 days from that, and therefore the

[40:32] expiration to make a challenge vis-a-vis this project would

[40:33] have been august 2025. If there was no notice of

[40:37] decision filed, it would have been 180 days statute of

[40:43] limitations period, but that would have also expired, as

[40:46] well, since it has been a year since the project approval.

[40:50] so at this point, unless there is any significant changes to

[40:56] the project -- for instance, if the applicant was coming to make

[41:01] expansions go beyond any other conditions of approval, that

[41:05] would open it up for discretionary review by the

[41:08] council, the deadline to file a challenge has since expired.

[41:13] >> thank you very much. Any additional preliminary

[41:17] questions from council? Seeing none seeing --

[41:19] >> I'll make a comment. I have no questions.

[41:26] >> with that, we will go out for public comment.

[41:29] are there any speaker cards? >> yes, mayor.

[41:33] I have two speaker cards. >> we will start with those,

[41:37] please. >> the first speaker is david

[41:42] correa. >> sorry, before we begin, can I

[41:47] please see hands raised for who would like to speak on this it

[41:53] item? I am seeing three, so that means

[41:55] each speaker will get 4 minutes. You can begin.

[42:00] the microphone is right there in front of you, apologies.

[42:07] >> good evening, mayor, city council.

[42:08] my name is david correa and I am a proud sheet metal worker.

[42:13] I am born and raised here in tracy and I am here tonight

[42:16] because I continue to support the tracy hills project and the

[42:20] opportunities it represents for our community.

[42:23] responsible growth creates good local jobs, strengthens our

[42:27] economy, and expands our tax base while providing the

[42:30] services and businesses are residents rely on.

[42:34] I proudly support this project moving to the next step and

[42:38] thank you for your time, thank you for supporting our

[42:41] local workers. >> thank you, mr. Correa.

[42:45] next speaker card, please. >> our next speaker is liz

[42:53] sutton. >> good evening, council.

[43:04] >> can you pull the microphone a little closer to you?

[43:07] >> yes. Is that better?

[43:10] >> yes, thank you. >> I'm here epresenting sheet

[43:12] metal workers, the business rep, and representing working

[43:16] families that live here in tracy and also those families working

[43:21] with the electricians, plumbers, pipe fitters, and ironworkers.

[43:26] on july 1st the city council voted to approve this project

[43:32] and bring good union paying jobs to the city of tracy.

[43:37] im hoping we can keep moving forward with this and this

[43:41] project will be built with water and building codes and high

[43:45] standards because of using union labor.

[43:50] I just want to thank the council for voting for this project.

[43:57] thank you. >> thank you, ms. Sutton.

[43:59] next speaker card, please. >> we have no more peaker

[44:03] cards. >> we will open up to the rest

[44:04] of the public. Anyone want to speak on this

[44:08] item? Do you have a microphone for

[44:10] mr. Healy? >> I am here representing an

[44:30] abused tracy citizen. I have sent council a plethora

[44:34] of unresolved issues I've had particularly with the

[44:37] transportation department. >> I had to stop you, is this

[44:39] for item 3b? >> I thought this was just

[44:43] public comment. >> this is related to item 3b

[44:47] only. I apologize.

[44:47] we will make sure you get your time for items in the audience.

[44:50] any other speakers who would like to speak specifically on

[44:55] item 3b related to the tracy hills commerce center?

[44:58] seeing none, do we have any online speakers for this item?

[45:03] >> no, no hands-on line. >> with that I will close the

[45:05] public comment portion for this item and e can return for the

[45:10] discussion or motion. Councilmember evans, you had a

[45:15] comment? >> just a quick comment on this

[45:17] item. I was adamantly against this

[45:21] item, not against building an industrial facility if it were

[45:25] to be placed in one of our industrial zones.

[45:28] this is not, as proposed, for corral hollow between our

[45:33] largest neighborhoods in tracy. I disagree with the lacement of

[45:37] this particular development in this area prayed for

[45:41] consistency's sake, I'm going to vote no for this particular

[45:45] item. >> understood.

[45:46] any additional comment from council?

[45:48] seeing none, with that I will entertain a motion.

[45:51] >> a motion to approve 3b. >> I will second.

[45:54] >> we have a first and second. Roll call, please.

[46:01] [roll call] >> item 3b passes.

[46:11] thank you, everyone who came to speak.

[46:13] that brings us to item 3c, related to the rocking horse

[46:20] development project. Staff report, please.

[46:25] >> good evening again. This council item is for

[46:29] residential development just north of the redbridge

[46:36] residential development. The homebuilder is shea homes.

[46:40] the purpose is to approve an agreement and bonds as well as a

[46:44] small final map. The end result will allow future

[46:47] home buyers to buy homes. This concludes my brief summary

[46:52] of the project and I am available to answer any

[46:56] questions. >> thank you.

[46:57] do you have any preliminary questions?

[46:59] seeing none, with that we will go for public comment.

[47:01] can I please see hands raised for item 3c?

[47:06] I see willnutes. Doave

[47:09] no, mayo >> to thlic

[47:18] d evening, council, staff. Pretty much I would like this

[47:21] item to be pulled. There's a lot of information on

[47:24] here so hopefully I can cover it in 4 minutes.

[47:28] back in 2025 it went to the planning commission.

[47:33] at that time the planning commission -- I was on that

[47:35] commission. We had a lot of questions,

[47:39] especially since 2016, the traffic impact.

[47:42] as council members we approve so many developments down there,

[47:46] and tracy hills continues growing and many of those

[47:51] students go to kimball, which is a lot of traffic congestion.

[47:58] at that time, planning said we will address that later, e want

[48:00] to do an extension on the map, because there extension was

[48:06] expired. What was supposed to come back

[48:09] was more environmental information.

[48:11] well, unfortunately the director at that time pulled a fast one

[48:18] on us. There was a director meeting

[48:21] upstairs in august 2025, which is not on the agenda.

[48:26] this is a lot of information, a lot of dates.

[48:28] he took it upon himself because he's the director, he went ahead

[48:33] and this applicant is a new applicant.

[48:35] it's no longer -- I think it was scott stringer, a very good

[48:43] developer here in tracy. Long story short, in

[48:49] september 2025, an off-site engineer did some approvals on

[48:52] that which we never saw, and then it goes back to octob

[48:57] october 2025, the application for the city, the final map.

[49:00] the extension was just for the map.

[49:02] any changes or improvements, since then we did a lot of

[49:06] development. One of the sewer lines, they can

[49:08] no longer use that direction. I know they're going to say it

[49:11] doesn't have to go back to planning.

[49:13] it does need to go to planning because there's a lot of

[49:16] unanswered questions. There are some things being done

[49:19] here, especially the ingress to rocking horse, the two -- I'm

[49:26] sorry, there is so much on here. The two phases, that was not

[49:31] part of the original thing. When we do approvals and

[49:35] planning commissions, there's a lot of conditions that have to

[49:38] be approved. It looks like it just went

[49:39] through the engineer. It did not go to the planning

[49:43] commission. There is also some other changes

[49:46] on hearing, and they forgot to put the dates on the report, so

[49:50] I don't understand why we are doing this, because on

[49:53] october 22nd it went to the city for the final map, but then you

[49:57] go again and you talk about -- they just did it

[50:04] march 16th of 2026, so there is still additional changes that I

[50:07] haven't seen that you haven't seen, so I would like to table

[50:13] this. As council, we have to approve

[50:14] and do the right thing for our environment, our streets, the

[50:21] ingress to rocking horse is one way and in one way out, and with

[50:25] the commute we have to adjust that map.

[50:28] I know a lot of the commissi commissions -- I ask you to

[50:48] table this so you can make it a good decision going forward.

[50:49] only the map was approved. No changes, no anything is

[50:50] supposed to be added to that. But the engineer reports keep

[50:51] going and adding or changing things on here.

[50:52] I would like for you guys to review that and go back to the

[50:53] planning commission for further review.

[50:54] thank you. There is more, but like I said,

[50:55] the time -- there is some information that was not

[50:57] provided to council prior to coming here.

[51:00] thank you. >> thank you, ms. English.

[51:03] next speaker, please. >> thank you.

[51:12] my name is david best. I represent the developer ande h

[51:20] ltiple approvalsgh l years, the most recent

[51:24] of which was a development design review approval that

[51:27] happened three or four months ago.

[51:32] actually, a little bit longer ago than that.

[51:34] but we have been through all the appropriate approvals and steps

[51:39] associated with the project as it is currently design.

[51:41] those have all been approved to the normal processes.

[51:48] what is before you today is simply a subdivision improvement

[51:50] agreement that allows us to move forward with installing

[51:54] infrastructure on the project as it is urrently designed.

[51:57] and I am here for any questions if you have them.

[52:06] >> any additional speakers on this item?

[52:10] to be have any online? Does item c need further review?

[52:32] >> assistant city attorney. It actually falls under the same

[52:33] approval we were just talking about with item 3b pursuant to

[52:39] the guidelines. There's no additional

[52:40] discretionary entitlements being sought tonight by the approval

[52:43] of the subdivision mprovement. A different tract came before

[52:52] council, 3855. It's two different items even

[52:55] though it was the same development rince of this is

[52:58] only proving the subdivision map for tract 4008.

[53:02] and he agreement which would allow them to do the

[53:04] improvements they were already conditioned to do and they were

[53:07] approved planning commission and the entitlement originally went.

[53:11] the conditions have already been approved.

[53:12] this is the agreement by which we effectuate those improvem

[53:16] improvements. The bonding requirements that

[53:17] protect the city if the improvements are not done to

[53:21] code within a year. And it allows the city also to

[53:23] go after the bonds of the developer if the work doesn't

[53:28] get done in time. That's what the subdivision

[53:30] improvement agreement does. >> thank you.

[53:32] any further questions, discussion from council?

[53:38] councilmember evans? >> just to be sure everyone is

[53:43] clear on record, there is no design changes, nothing added,

[53:47] nothing deleted, nothing altered.

[53:48] the development is the same as it always was, correct?

[53:52] >> that is correct. >> the only thing that does

[53:55] appear to have changed is the phased approach?

[54:00] >> that is also correct. Staff actually needs to approve

[54:08] the agreement only, and the bond itself.

[54:11] so it will be allowing the construction of public

[54:14] improvements for tract 4008. The final map will be an

[54:18] approval in the future. Because of the reason this is

[54:22] coming to council through consent now as opposed to allow

[54:28] back, I guess, is because they are getting ready to construct

[54:32] the basic infrastructure. Is that right?

[54:33] >> that is correct, sir. >> thanks.

[54:37] >> any additional questions? If not, I'll entertain a motion.

[54:41] >> motion to approve item 3c. >> roll call, please.

[54:47] [roll call] >> the item passes.

[55:03] thank you, rocking horse development.

[55:05] that brings us to item 3l related to the transit station

[55:11] emergency backup generator. Staff report, please.

[55:31] >> good evening. I am with the public works

[55:33] department. Tonight we are looking to have

[55:35] the approval of a contract for the installation of the backup

[55:40] generator for the tracy transit station.

[55:46] back in 2023 the city contracted with the k p.a. Group to

[55:53] evaluate and look at potential generator options for the

[55:57] transit stations and we looked at diesel, solar, natural gas, d

[56:03] fueling options. It was determined in that

[56:06] analysis that a diesel generator would be the most economical

[56:12] decision given that the estimated cost for solar

[56:14] battery backup generator would be approximately three times as

[56:18] much cost as a diesel generator in the initial install in over

[56:24] the 25-year life of the system it would be twice as much for a

[56:29] battery and solar backup generator versus the diesel

[56:33] system. With that, staff recommended to

[56:35] move forward with a diesel option given the economical

[56:40] advantages of that. The backup generator would be

[56:42] used primarily for emergency situations in the summer and/or

[56:46] the winter when the power goes out in order to keep operations

[56:50] going. Given that it would only be

[56:51] running for a few hours throughout the given year, we

[56:57] estimated that it would be better to go with a diesel

[56:59] generator than a solar and battery backup.

[57:02] so tonight we are asking that the council appropriate some

[57:06] additional funds that are needed within an existing cip now that

[57:09] we have the bids in, and additional $736,000 from the

[57:15] development act funds and $314,000 from the state of good

[57:19] repair program, or the construction contract for

[57:26] $1,675,535 to g c.j. Incorporated of tracy that

[57:28] authorize the city manager to approve the change orders and

[57:33] authorize an overall not to exceed project budget for

[57:39] $2,095,067 and grant the authority of the city manager to

[57:41] execute the permits in the agreement.

[57:44] and I will take questions if you have them.

[57:47] > thank you. Do you have any preliminary

[57:52] questions? Councilmember nygard?

[57:54] >> thank you, director, for your report.

[57:57] is our city currently involved in the municipal energy audit?

[58:03] I believe it is due to come back to us in august.

[58:08] >> yes, I did speak with our public works director, and there

[58:12] is going to be a report that's being brought back in august to

[58:15] alk about the city widey upgrade program.

[58:19] >> correct. Is not the transit center

[58:22] included in this audit? >> the transit station is not

[58:24] included as part of that. It's the other city facilities,

[58:30] city hall, the service center, water treatment plant in the

[58:34] wastewater treatment plant I believe are the main facilities.

[58:39] >> I'm still kind of a little baffled.

[58:42] if our transit center where to put solar with the appropriate

[58:46] battery storage, that would run 24/7.

[58:50] you would reduce your energy costs from pg&e and not have the

[58:55] reliance on pg&e, therefore if a black outward to occur you

[58:59] already have the confirmation to have energy consistency,

[59:08] so would that not eliminate the need for a backup generator if

[59:12] you had solar with the appropriate battery storage?

[59:17] >> the solar option with the battery storage was one of the

[59:20] options that was evaluated, but it was only evaluated in the

[59:23] purpose of using it for backup energy, not for powering the

[59:27] entire facility. >> but wouldn't that be the

[59:31] purpose of putting solar on a building, to be able to bypass

[59:34] pg&e and to have your own independent power source?

[59:38] >> yes, that would be one of the outcomes.

[59:40] >> yeah. So what I would like to request

[59:44] from council consensus is that we pause or a month to wait for

[59:49] the energy audit to come back, to be able to have it reviewed

[59:52] before the council to see what our options are to look at being

[59:58] more energy efficient on our municipal buildings.

[1:00:03] if we could just look at this next month after we review the

[1:00:08] energy audit, and how we can have more energy independence

[1:00:15] from pg&e so we would not have to actually be subject to the

[1:00:21] black outs the power outages that we see in our communities.

[1:00:42] >> was that all your questions? >> yes.

[1:00:43] >> mayor pro tem? >> just to clarify, the transit

[1:00:44] station is not part of that audit.

[1:00:44] is that correct sir? >> that's correct.

[1:00:45] >> I'm not sure how... >> it doesn't necessarily mean

[1:00:46] it could not be evaluated for the use of solar.

[1:00:55] on that building. I mean, any municipal building

[1:01:00] has an opportunity to look at whether or not it is capable of

[1:01:10] the construction make up to have solar on their roof or in the

[1:01:14] parking lot. So it is basically, how are we

[1:01:17] looking at making sure we can have more resiliency again

[1:01:22] pg&e's power outages and have more independence to have our

[1:01:23] own power sources to supply power to our vital municipal

[1:01:29] structures? >> mayor pro tem?

[1:01:37] >> if we did postpone this for a month, what would be the

[1:01:40] possible consequences? >> I would need to check with

[1:01:46] our engineering team to see how long the bids are good for.

[1:01:50] we did do a bid opening and bids are typically held for certain

[1:01:56] period of time. I'm not sure what that is but I

[1:02:00] can find out. >> what would be the impact to

[1:02:01] the transit station not having that?

[1:02:04] that's more of my concern. >> pausing a month won't have a

[1:02:07] significant impact. Construction on this isn't

[1:02:09] anticipated to start until august anyway if this was

[1:02:12] approved tonight, and it wouldn't be up and running for

[1:02:13] about a year. >> I have two questions very

[1:02:21] similarly. Is this item sensitive

[1:02:24] timeliness? >> if you give me two seconds I

[1:02:29] can run and then ask how long the bids are being held for.

[1:02:38] >> good evening. I'm the director of public

[1:02:40] works. The bids are good for 30 days.

[1:02:44] in august we are coming back to give you an update on the energy

[1:02:49] program, but that project would not look at a solar system on

[1:02:56] every building. >> that was going to be my next

[1:02:59] question. My understanding of the audit

[1:03:02] was that it was citywide. Is it not ossible to include --

[1:03:07] >> I want to be clear that the audit is not the subject before

[1:03:11] you all this evening. >> understood.

[1:03:14] >> we can review this during council onsensus if you would

[1:03:15] like to do that. The question tonight is on the

[1:03:19] idea before you, whether you wish to approve it this evening

[1:03:21] and/or continue the item out to the august 18th meeting.

[1:03:28] to get clarification, with the bid -- if you waited until

[1:03:32] august 18th, with the bid expired?

[1:03:34] >> yes. >> okay.

[1:03:38] >> is the intent of doing it at this time because of summer

[1:03:43] blackouts? >> the intent is to have backup

[1:03:49] power in case of energy loss. The transit center is a cooling

[1:03:55] center, so if the power goes out, this would allow us to run

[1:03:59] the building and be able to have the power to operate it.

[1:04:05] >> but that wouldn't be until next year?

[1:04:09] right? >> once the project is

[1:04:13] completed, then it would be available as a backup, yes.

[1:04:19] >> any additional questions from council?

[1:04:20] >> can I just ask how many cooling centers we have in our

[1:04:25] city? >> can you repeat that question?

[1:04:33] >> how many cooling centers are there in tracy?

[1:04:36] designated cooling centers? >> I believe the transit center

[1:04:42] is the only one that we have which is a city-owned facility.

[1:04:48] >> we don't use the community center anymore?

[1:04:53] >> I have to double check that. >> and we do have the library

[1:04:56] and the mall as well as two other backup cooling centers.

[1:05:03] >> my recollection is that there are various throughout the city.

[1:05:07] >> there are a number of them. >> the council member is

[1:05:15] correct. We currently utilize the

[1:05:17] shelter, the library, the transit center, city hall, to

[1:05:22] straddling hem off the top of my head.

[1:05:24] as the current cooling centers as well as warming centers when

[1:05:30] they are necessary. >> any additional questions from

[1:05:37] council? Any members of the public who

[1:05:39] would like to speak on item 3l? Can I see hands raised, please?

[1:05:48] seeing one. We will allow for minutes for

[1:05:52] each comment. Could we please get a microphone

[1:06:01] to mr. Healy? >> I'm not quite ure if

[1:06:09] city hall is an official cooling center, but most importantly,

[1:06:13] because I have addressed this issue, there are no cooling

[1:06:17] centers in the city of tracy on sunday.

[1:06:20] for reasons unbeknownst to me or anybody, the transportation

[1:06:24] department does not open up the transit center on sunday, even

[1:06:27] though they are offering nondemand bus service.

[1:06:35] I live downtown, I have poor ventilation in my apartment, but

[1:06:38] I can't go there on sundays. This last sunday there was an

[1:06:44] unhouse person outside, it was only 83 degrees but with

[1:06:47] humidity and all that, I made a suggestion and I hope you are

[1:06:51] open to that, that when they do get this generator that they

[1:06:53] actually utilize it on sunday. The cooling standards should be

[1:06:58] a seven days a week option. >> thank you, mr. Healy.

[1:07:05] seeing another one, please come up.

[1:07:20] is that on? Can you push the button?

[1:07:24] >> there we go. >> thank you.

[1:07:26] >> I just wanted to agree with ms. Nygard.

[1:07:29] I believe when we start spending millions of dollars, which this

[1:07:32] is going to be over $2 million, then we need to start looking at

[1:07:38] long term saving energy. What ms. Nygard was trying to

[1:07:43] say, or at least what I heard, she was looking at putting solar

[1:07:46] up there so it was saving money all year round, not just when we

[1:07:51] need backup. If we are going to spend

[1:07:54] $2 million, why don't we put that toward something that would

[1:07:57] save us money year-round? That is my comment.

[1:08:01] thank you. >> thank you, ms. Hill.

[1:08:04] any other speakers on this item? Seeing none in chambers, any

[1:08:07] online? >> no, mayor.

[1:08:10] no hands raised online. >> we will close the public

[1:08:13] comment portion for item 3l and returned to council with

[1:08:16] additional discussion and/or motion.

[1:08:20] >> anything else? >> I would like to request we

[1:08:28] have council consensus on postponing this for a month to

[1:08:32] allow us to review the energy audit and to see where we may

[1:08:37] make other opportunities for energy savings and cost

[1:08:42] efficiency for the city. >> thank you.

[1:08:49] any additional comment? >> I just want to clarify it as

[1:08:51] a motion to continue the item to bring back on august 18th, 2026.

[1:08:56] >> I would like to bring it back after we are able to review the

[1:09:00] energy audit update that comes to us on the 18th, to see if we

[1:09:05] have an opportunity to utilize the transit center as a solar

[1:09:13] facility with battery backup. >> mayor, members of the

[1:09:18] council, I believe the director has said this already, but we

[1:09:21] would need to rebid the project if it were to be delayed, and I

[1:09:26] could increase the cost if we decided to maintain the

[1:09:29] current -- >> I understood the energy audit

[1:09:31] was not going to be inclusive of this building, correct?

[1:09:36] did I understand that correctly? >> this item really is not about

[1:09:42] the energy audit, but I want to give you a brief overview for

[1:09:46] the meeting that is coming up. We are going to have a summary

[1:09:50] o what we are planning to do, which is to do an investment

[1:09:55] grade audit for all the city facilities to reduce energy

[1:10:00] costs. The major component of that

[1:10:03] project would be about solar, water and wastewater treatment

[1:10:10] plants, where we can significantly reduce energy

[1:10:13] consumption. We really cannot do that at the

[1:10:16] transit center. So that would be part of the

[1:10:18] investment grade audit that most likely would take about six

[1:10:23] months. >> the reason I guess it is

[1:10:25] germane to this topic, if I understood, if we are waiting

[1:10:29] for the audit, the audit is not going to be inclusive of the

[1:10:33] transit center is what I'm hearing.

[1:10:34] >> but just to clarify, director, you just said for all

[1:10:40] tracy facilities. So is not the transit center a

[1:10:46] tracy facility? >> yes, it would include all of

[1:10:49] the equipment inside the transit center, including hvac and

[1:10:55] others, that could potentially be upgraded with this energy

[1:10:59] program. >> if I may, director, are we

[1:11:04] saying that the energy audit will look to replace appliances

[1:11:11] but not necessarily add solar infrastructure?

[1:11:12] the audit will look to add solar infrastructure to the wastewater

[1:11:16] and water treatment facilities, and that is the distinction

[1:11:19] you're making? >> yes, correct.

[1:11:21] >> if I may, to the council and the mayor, just to reiterate,

[1:11:25] the distinction he is making s the audit will look to add solar

[1:11:29] arrays to wastewater and water but look to replace the major

[1:11:33] appliances within all facilities to make them energy efficient

[1:11:35] appliances the way you would a home.

[1:11:38] >> got it. I'm open to entertaining this

[1:11:40] idea. My point is I don't think it's a

[1:11:45] good reason to wait for this audit.

[1:11:47] if we are only looking at appliances within the transit

[1:11:53] center, then it's not going to have an impact on the solar

[1:11:57] option that is being discussed. That is all my point is.

[1:12:01] we can wait, if that is council's will, but I don't see

[1:12:05] waiting for the audit. >> thank you.

[1:12:09] councilmember bedolla? >> is there another item either

[1:12:11] on our plate or a quicker way to consider solar on the transit

[1:12:14] center? Because I think -- I hope I'm

[1:12:16] not misunderstanding what council is debating a peer

[1:12:21] because maybe we can pass this. >> that could be added to that

[1:12:28] roject, but most likely that would be about six months to a

[1:12:30] year from now. >> but not stopping -- not

[1:12:35] letting the current id expire? >> councilmember bedolla, as you

[1:12:42] suggested, if council wills, it can pass this item and give

[1:12:47] direction to staff to look at the possibility of adding solar

[1:12:49] to the transit center as well. Through the audit or any other

[1:12:54] means. >> I would leave it to council.

[1:13:00] >> my question would be, in the pursuit of maintaining energy at

[1:13:05] the transit facility, should there be solar battery storage,

[1:13:11] would that mitigate the need to have an emergency generator?

[1:13:18] >> adding solar would reduce the energy use.

[1:13:21] however, it is not going to mitigate fully the backup

[1:13:26] situation that we are trying to design and implement here.

[1:13:31] >> so the batteries would be used for daily use but they

[1:13:35] ould not be sufficin emergency situation?

[1:13:37] is that what I'm hearing? >> it could be.

[1:13:40] it has to be designed, looked at.

[1:13:43] however, they would be an additional cost if we want to go

[1:13:50] that direction. >> correct.

[1:13:52] and the $2 million here could arguably be used for that cost.

[1:13:57] >> it could be. >> understood.

[1:13:58] >> that is kind of what I was going to clarify.

[1:14:01] have we looked at what the cost would be to put solar on the

[1:14:06] transit as opposed to this generator, backup generator?

[1:14:14] >> as stated earlier, when we did the analysis on this, it was

[1:14:17] only for the purpose of emergency backup power, not to

[1:14:20] power the entire facility. The analysis at the time, back

[1:14:26] in 2023 when this was done, estimated the cost of solar

[1:14:30] being three times that of what the diesel generator would be.

[1:14:35] >> does it take into consideration the long-term cost

[1:14:40] savings with your pg&e bill, as well as diesel fuel?

[1:14:46] because you're going to be using diesel for this generator, and

[1:14:50] diesel continues to go up. Solar would eliminate both those

[1:15:00] long-term costs. >> the long-term analysis was

[1:15:03] done primarily on the maintenance cost of the backup

[1:15:08] generator system. Since we weren't looking at

[1:15:10] converting the entire facility over to solar power, we did not

[1:15:15] look at what would be the overall long-term cost savings

[1:15:18] of converting, and seeing if there was even enough space to

[1:15:22] put solar to power the entire facility at that location.

[1:15:30] >> could we? I think it would be -- it would

[1:15:44] be a very wise decision to actually compare both, since we

[1:15:50] haven't really compared both costs for the backup generator

[1:15:54] versus solar and the full cost savings to our taxpayers.

[1:16:00] how can we decide on the most effective and efficient system

[1:16:08] for power outages? >> thank you, councilmember.

[1:16:12] I will entertain a motion. >> I will make a motion to

[1:16:18] approve 3l. >> second.

[1:16:20] >> we have a first and a second. Roll call, please.

[1:16:25] >> mayor pro tem abercrombie? >> yes.

[1:16:28] >> councilmember evans? >> yes.

[1:16:31] >> councilmember bedolla? >> yes.

[1:16:35] >> councilmember nygard? >> no.

[1:16:37] >> mayor arriola? >> no.

[1:16:39] >> with that, the item passes. That would exist to the next

[1:16:42] item, which is item 3q regarding see credit reconciliation for

[1:16:53] pro logis. >> good evening, veronica child

[1:16:59] with the engineering department. This is authorizing a fee credit

[1:17:01] and reconciliation agreement that reconciles outstanding

[1:17:06] development impact fee credits associated with infrastructure

[1:17:09] improvements they have constructed.

[1:17:10] this will increase their total credits from approximately

[1:17:15] $68 million to $89 million. That concludes my brief summary.

[1:17:17] I am happy to answer any questions you may have.

[1:17:21] >> do you have any preliminary council questions?

[1:17:29] >> what caused the substantial change in numbers?

[1:17:35] >> the substantial change in numbers is due to a number of

[1:17:37] factors. Unfortunately many of these fee

[1:17:40] credits were put into agreements prior to current staff eing

[1:17:43] here. From what I could tell, it seems

[1:17:46] that there were some administrative errors.

[1:17:48] some, there were changes maybe in the field that took place, so

[1:17:52] something was built slightly differently than they were

[1:17:54] intending to build when they first entered into the

[1:17:57] agreements. So they may be kind of a number

[1:18:00] of things. In addition, it looks like some

[1:18:02] of the amounts put into these fee credit agreements or

[1:18:06] estimates as opposed to actual numbers that were fully

[1:18:09] calculated based on the linear feet of something that may have

[1:18:12] been built. >> and staff is confident that

[1:18:17] the new amendment are the correct numbers?

[1:18:21] >> absolutely. We have discussed this at length

[1:18:22] with developers as well and let them know there wouldn't be any

[1:18:25] additional research into these numbers where agreed upon, and

[1:18:28] this is the maximum they could receive for what they are

[1:18:31] building. >> thank you.

[1:18:32] if there is no additional questions, we will go for public

[1:18:35] comment. Can I see hands raised for

[1:18:37] speakers on this item? With that we will allow for

[1:18:41] minutes. Go ahead.

[1:18:53] >> thank you, council. Staff answered some of my

[1:18:55] questions, but just to go on record, I know we are giving fee

[1:19:01] credits, and the way water rates are going up goes back to what I

[1:19:05] said in the beginning. The warehouse is industrial have

[1:19:08] not been paying their fair share.

[1:19:10] they haven't, and it's been proven.

[1:19:14] now we are giving $24 million credit for the water

[1:19:21] distribution. So I can recycle waste water but

[1:19:26] $15 million for water distribution.

[1:19:29] how that came to an agreement, I don't know.

[1:19:33] I know that some of you weren't here, but for me, that is

[1:19:39] disheartening, because this is just one of many.

[1:19:43] even though the water rate and the fees for water usage, maybe

[1:19:53] they brought it up but they have never paid their fair share

[1:19:58] until recently when it was done. Before the flat rate, they are

[1:20:01] actually getting credit for the next five years.

[1:20:09] they craft it that way. That's one of the things I was

[1:20:14] trying to explain to you, how they said it and how the

[1:20:17] consultant we paid for, many of our consultants, we are throwing

[1:20:22] our money down the drain. They are giving instructions,

[1:20:26] crafting things -- they use the word "potential," or "this might

[1:20:32] happen." if there is still $2 million out

[1:20:36] there, somebody is researching that, I heard it's pretty close

[1:20:41] to $100 million that wasn't used.

[1:20:44] I think $15 million plus the recycled waste water,

[1:20:47] $24 million credit fee. And I still don't think they

[1:20:51] have paid their fair share. To this date.

[1:20:56] that's all I wanted to say. >> do we have any additional

[1:20:59] speakers on this item? Seeing none in chambers, do you

[1:21:02] have any online? >> no hands raised.

[1:21:04] >> we will close the public comment portion and I will turn

[1:21:09] to council for motion. >> I think to staff, we are

[1:21:15] talking $21 million. It's an awful lot of money.

[1:21:18] I don't want to disagree with it.

[1:21:22] I trust our staff come brothers in enough

[1:21:29] I trust our staff, but there is not enough detail.

[1:21:32] there's detail, there is amounts, but I can't really see

[1:21:35] what it is. I see the categories, and there

[1:21:41] is columns that kind of explain what they are, but I don't

[1:21:44] understand how we got there. Is there any more granular

[1:21:48] detail on what this is? Is there something I can see and

[1:21:53] get my hands on? I'm a construction guy, so I

[1:21:57] like drawings. I like to see actual diagrams

[1:22:01] and things. What are we talking about here?

[1:22:05] >> yeah, we do have all the plan sets on file for all these

[1:22:09] improvements that have been approved by our city engineer.

[1:22:12] in addition, specifically for two of the categories in

[1:22:14] exhibits b and c to the agreement, you will have kind of

[1:22:17] a breakdown of each item, the unit cost, linear feet, all of

[1:22:22] that, to give you a really good detailed estimate and how we

[1:22:26] came up with those numbers. >> where am I missing that?

[1:22:29] I have looked at the attachments in the staff report.

[1:22:34] I'm I missing it? >> it's part of the attachment

[1:22:36] to the staff report nd it is an exhibit to that agreement.

[1:22:41] it is page 12 and 13 of the agreement itself.

[1:22:46] >> is there a table umber? >> if we go into the agreement

[1:22:59] itself, there are tables listed, but this isn't a table number.

[1:23:02] it is just exhibit b. Work completed pursuant to

[1:23:05] inspection improvement agreements.

[1:23:10] >> I see those. Those are some of the tables I'm

[1:23:12] talking about. I see wrong numbers, and that's

[1:23:16] good. It got me partway there, but I

[1:23:21] didn't see any actual drawings. >> you are correct, we didn't

[1:23:26] include any drawings in the staff report.

[1:23:29] it would have been multiple sets of plans.

[1:23:34] it would be a lot of pages, a lot of plan sets, really big

[1:23:38] sheets. We have them all on file for

[1:23:39] anyone who would like to see them.

[1:23:44] >> I would like to see them. Is there any harm on waiting on

[1:23:47] this a little bit or is time of the essence on this?

[1:23:53] >> I don't think there's any harm in waiting on this.

[1:23:56] >> I want to approve this. I want to be clear, I have no

[1:23:58] issue with it overall, but being that we are talking a large sum

[1:24:03] of money, I would like to see it and nderstand it a little bit

[1:24:05] better than I do right ow. I see what staff is telling me,

[1:24:11] I see the descriptions, but I'm having a hard time visualizing

[1:24:15] what it is that was done. I would almost like to drive out

[1:24:20] there and see it. It's a lot of money.

[1:24:25] >> assistant city manager. We would rather council feel

[1:24:33] comfortable with what staff is recommending if bringing back

[1:24:38] plan sets and providing detailed information would make council

[1:24:41] feel more comfortable with what they are proving.

[1:24:46] approving. We are happy to provide that

[1:24:51] detail information. This is related to the

[1:24:53] infrastructure that prologis has built out in the specific plan

[1:24:56] area. This is all infrastructure that

[1:24:58] will eventually become part of the city related to -- I pressed

[1:25:03] the button while I was speaking. Related to improvements that

[1:25:07] will be dedicated eventually over to the city.

[1:25:10] we are happy to provide the details.

[1:25:12] it will be a very big packet of information.

[1:25:18] it will not cause harm to the city.

[1:25:25] I think the developer was hoping to be able to access the credits

[1:25:28] sooner rather than later. We would have to come back in

[1:25:32] august with the detailed information.

[1:25:32] >> I would like to see it first, if council is okay with it.

[1:25:37] I know mr. Nefouse and I discussed this earlier.

[1:25:40] staff has put a lot of work into this but I feel like I can't

[1:25:42] quite do my due diligence on this until I see more detail.

[1:25:47] >> understood. Thank you, councilmember evans.

[1:25:49] anything else? With that, as per my comments,

[1:25:52] staff has reiterated they are confident that this is the new

[1:25:55] accurate numbers. With that, it is a priority of

[1:25:58] mine that we ensure we are restoring the city's reputation

[1:26:02] among the business community and I would hate for there to be any

[1:26:06] undue delays to harm the reputation of the city giving we

[1:26:10] have made such progress recently.

[1:26:11] with that I will entertain the notion.

[1:26:13] >> I make a motion to approve 3q.

[1:26:16] >> I will second. >> we have a first and a second.

[1:26:20] roll call, please. >> mayor pro tem abercrombie?

[1:26:25] >> yes. >> councilmember nygard?

[1:26:27] >> yes. >> councilmember bedolla?

[1:26:30] >> yes. >> councilmember evans?

[1:26:32] >> before I make my vote, I'll just say I have no issues

[1:26:34] approving this but I would have preferred if council had

[1:26:37] supported my ability to do further due diligence in this,

[1:26:41] but clearly council is going to have the majority here.

[1:26:45] I don't want to vote against it so I will support it and vote

[1:26:48] yes. >> thank you.

[1:26:52] >> mayor arriola? >> yes.

[1:26:56] item 3q passes. That takes us to item 3w related

[1:27:03] to the second reading for oversized vehicles ordinance.

[1:27:09] >> good evening, council. Elva esquivel, assistant city

[1:27:16] clerk. He brought this forward

[1:27:17] consistent with our policies and procedures of second readings of

[1:27:21] ordinances, but we would like to defer to the staff that

[1:27:25] originally brought this item forth.

[1:27:30] >> good evening, mayor, council members, and everyone tonight.

[1:27:32] thank you for the opportunity to speak.

[1:27:33] my name is dan garcia, a lieutenant with the bureau of

[1:27:37] special operations at the tracy police department.

[1:27:39] I would like to propose the city council adopt a new

[1:27:43] ordinance, parking of oversized vehicles and trailers, to the

[1:27:45] tracy municipal code. This ordinance is the result of

[1:27:49] careful analysis which included reviewing ordinances from other

[1:27:52] cities and gathering community input.

[1:27:54] it addresses a growing concern in our city that unrelated

[1:27:57] parking of oversized vehicles and trailers on our public

[1:28:02] streets. The key concerns this ordinance

[1:28:04] aims to address includes enhancing public safety.

[1:28:06] the ordinance is designed to improve roadway visibility and

[1:28:09] reduce safety risks for both pedestrians and motorists by

[1:28:13] limiting the duration and location where oversized

[1:28:15] vehicles and trailers may be parked, protecting public

[1:28:18] health, it aims to prevent the improper disposal of waste from

[1:28:22] these vehicles into our city storms and sanitary sewer

[1:28:24] systems, thereby safeguarding our environment and community

[1:28:28] health, improving quality of life by regulating parking we

[1:28:32] enhance the accessibility of our neighborhoods in public spaces.

[1:28:36] to ensure the clarity and fairness of this enforcement,

[1:28:39] the ordinance provides a precise definition.

[1:28:42] in oversized vehicles defined as any motor vehicle that exceeds a

[1:28:46] half feet in width, or 22 feet in length.

[1:28:50] this definition includes large recreational vehicles, buses,

[1:28:53] and certain trucks that can obstruct visibility and create

[1:28:56] hazards for other road users. A trailer is broadly defined to

[1:29:01] include any camping trailer, camper, fifth wheel travel

[1:29:06] trailer, house card, mobile home, or trailer coach as

[1:29:09] specified in the vehicle code. Also encompasses recreational

[1:29:13] vehi afety code. Ined in health & these definitions ensure that

[1:29:17] all types of large toable vehicles are under the ordinance

[1:29:23] preventing loopholes. The provisions of this ordinance

[1:29:27] include parking restrictions, oversized vehicles and trailers

[1:29:28] may not be parked in public streets, alleys, or city lots

[1:29:31] for more than 72 consecutive hours.

[1:29:34] after the 72 hours, the vehicle must be moved at least a

[1:29:37] thousand feet and cannot return to the same location for at

[1:29:41] least 24 hours. The ordinance provides

[1:29:45] exceptions for emergencies, official government vehicles or

[1:29:47] utility business vehicles, active loading and unloading,

[1:29:51] service vehicles, wheelchair accessible vans, and special

[1:29:54] events, among others. Enforcement includes citation,

[1:30:00] telling, and escalated administrative penalties to

[1:30:01] repeat violations, with a clear right to appeal.

[1:30:05] this action is exempt from the california environmental quality

[1:30:08] act as it does not result in any physical changes to the

[1:30:11] environment. Additionally, there s no

[1:30:14] physical impact as enforcement will be managed with the

[1:30:18] existing city budgets. This ordinance directly supports

[1:30:20] our strategic priority of public safety by providing a balanced

[1:30:24] approach that considers both community needs and practical

[1:30:28] realities for residences and businesses.

[1:30:30] if approved by the city council, the police department will

[1:30:33] conduct a 30-day educational campaign about the new ordinance

[1:30:35] through its website and social media before commencing

[1:30:40] enforcement. I respectfully request the

[1:30:41] adoption of the new ordinance enacting chapter 3.60, two titll

[1:30:49] code. Thank you for your time and I'm

[1:30:51] happy to answer any questions. >> thank you.

[1:30:54] do you have any preliminary questions rom council?

[1:31:00] >> I have one question. Thank you.

[1:31:04] just wondering if there would be any exception for families that

[1:31:10] come to visit during holiday time.

[1:31:11] do we have anything as far as issuing maybe a special permit,

[1:31:17] or with that have to be another discussion at a later time?

[1:31:23] >> that would be a different process.

[1:31:23] that is why we are giving the individuals 72 hours and making

[1:31:28] sure that we do that educational component first.

[1:31:34] >> thank you. >> I just want to confirm, this

[1:31:37] is merely a second reading. Where there any changes between

[1:31:40] now and the second reading? >> no.

[1:31:43] >> with that we will go out for public comment.

[1:31:46] any speaker cards? >> no, they are.

[1:31:49] no cards. >> can I see hands raised her

[1:31:50] folks who would like to speak on this item?

[1:31:55] seeing two, we will allow for 1. Anyone who would like to start?

[1:32:10] >> hi, council. Good evening.

[1:32:13] I emailed you all on this topic. I'm glad to see that it was

[1:32:16] passed unanimously the first time it went around.

[1:32:22] >> can you hold the microphone closer?

[1:32:24] >> sorry. I'm also a little bit tired, so

[1:32:28] I apologize. My only issue at this is that

[1:32:35] the 72 hours rule and the 1000-foot movement approach.

[1:32:38] I have some points I want to make clear.

[1:32:42] I liked what you just mentioned in regards to having a permit.

[1:32:45] I think it's a great idea. Other ordinances and other

[1:32:47] cities adopt that as part of it. We want to go back to the

[1:32:51] drawing board and add that, that could be a component, and I

[1:32:54] think it's a great idea. That would provide an avenue.

[1:32:59] we are a family-friendly community.

[1:33:00] I get that. The problem that I have is that

[1:33:05] an individual can bring an rv anywhere, parking for 72 hours,

[1:33:08] move it a thousand feet, weight, and bring it right back and

[1:33:13] continuously do this. Those oversized vehicles never

[1:33:18] leave the street, though. They are going to remained on

[1:33:22] the street. That's a problem.

[1:33:25] if the ordinance is to remove or inhibit the behavior to say, we

[1:33:28] need to put it on private property, or make sure that this

[1:33:31] is a safe venue for residents, all the things mentioned in the

[1:33:38] staff report, adopting a more restrictive ordinance model is

[1:33:49] working well for other communities.

[1:33:52] a 72-hour model does not solve the problem.

[1:33:55] it simply allows oversized vehicles to move from one block

[1:33:57] to another, shifting the burden from one resident to the next.

[1:34:04] it is basically just moving the problem.

[1:34:07] you are not really dealing with the problem.

[1:34:09] the other side of it is that it is even weaker in practice

[1:34:16] because the 72 hour clock doesn't happen until code

[1:34:18] enforcement ppears on the scene, not when it is initially

[1:34:21] reported. We don't have it on the

[1:34:23] weekends, this means those rvs have maybe-2 weeks they might be

[1:34:26] out there depending n staffing, then when they get there they

[1:34:32] might move it and it'll be out for another week to two weeks.

[1:34:35] which is why a permit system would actually be great.

[1:34:40] I'm just trying to ask, why can't we do something like they

[1:34:43] do? Why are we trying to do

[1:34:45] something with the 1000 feet rule and the 72 hours?

[1:34:47] we don't have the staffing. Why can't we model it after

[1:34:50] something that's already proven and working for other

[1:34:54] communities? We want to preserve our

[1:35:00] communities. I don't want to see how these

[1:35:01] vehicles just sitting out on the street.

[1:35:02] it doesn't really resolve the problem.

[1:35:04] I think the lieutenant and the city attorney's office mentioned

[1:35:06] that this was brought orth by communities like fremont,

[1:35:11] possibly stockton, that have these types of ordinances.

[1:35:15] remember, this is not a strict rule.

[1:35:18] our pd educates people for us. It's not like if we had a more

[1:35:21] restrictive ordinance that it would be like, you have to move

[1:35:24] now. They would still have an

[1:35:26] opportunity to educate them. You want to make sure, maybe

[1:35:29] educate them about a pass you can have.

[1:35:32] I'm just hoping we can close this other oophole of the

[1:35:36] individual bouncing on the community.

[1:35:37] they may not even be residents. You might have rvs and

[1:35:40] trailers in the community just kind of migrating around because

[1:35:44] no other community allows that. But tracy will.

[1:35:48] I don't know what that looks like in our single family

[1:35:52] residency homes or outside our apartment communities.

[1:35:54] you name it. Don't think people really

[1:35:58] just wanting a stronger framework, like I said.

[1:36:04] smething like mountain house would be great.

[1:36:05] I've met with a lot of people on your staff and had some debates

[1:36:07] about this. So it's really up to you uys

[1:36:10] about the final decision on this.

[1:36:13] thanks. >> next speaker?

[1:36:19] >> what is the impetus of this ordinance?

[1:36:21] is this coming from the public and feeding through the police?

[1:36:25] can anybody answer? Can ask questions?

[1:36:31] >> I would ask you to spend time to ask all your questions and

[1:36:34] will answer after. >> I want to know him, is it

[1:36:37] downtown only? My next question is, listening

[1:36:41] to this man talk and listening to what he said, he's talking

[1:36:45] about safety, but he's talking about how it looks.

[1:36:49] so my question is, is this targeting the unhoused or is it

[1:36:53] actually a safety issue? My last thing, I agree with him

[1:36:57] 100%. It's the stupidest thing I've

[1:36:59] ever heard. You go one place for 72 hours

[1:37:01] and move it, come back to the same place, and you only go

[1:37:05] thousand feet? What exactly are you doing?

[1:37:08] if it's a safety issue, you are one safety hazard to another

[1:37:13] safety hazard? I don't understand.

[1:37:15] if you could explain that, because I agree with this man.

[1:37:16] the way it is written is a truly boggling to me.

[1:37:23] >> thank you. Any additional speakers

[1:37:24] connected to have any online? >> no hands raised online.

[1:37:32] >> with that, I heard three questions I would like to answer

[1:37:35] for us. First, what was the impetus of

[1:37:37] implementing this particular ordinance?

[1:37:40] and second, is this or a particular part of town, down

[1:37:44] town or city wide? Finally, did staff evaluate

[1:37:48] other options and assess their relevance or effectiveness from

[1:37:51] other cities? >> this is a city wide

[1:37:56] ordinance. It would not be a specific

[1:37:59] downtown area or anything like that.

[1:38:00] it covers the whole city. The next question is how this

[1:38:04] came up. It is because of the community

[1:38:06] and also the issues -- we have never had anything for trailers

[1:38:11] or oversized vehicles in our books, so this gives us an extra

[1:38:18] piece to enforce. Right now all we have is 72

[1:38:22] hours. So this gives us extra to

[1:38:25] educate and make sure that people are reasonably moving

[1:38:28] heir vehicles when need. And the third piece was --

[1:38:35] >> other cities. >> yes, we looked at different

[1:38:37] cities, what their ordinances were, and when we looked at it,

[1:38:41] the standard is 72 hours for most cities.

[1:38:43] there are some that are stricter, four hours to 24 ho

[1:38:49] 24 hours. And the balance for our city, a

[1:38:53] good model for our city. We want to make sure they are

[1:39:00] also accessible to the individuals who want to get

[1:39:03] their vehicle. >> thank you.

[1:39:05] additional discussion or qestions?

[1:39:08] mayor pro tem? >> can you also address the

[1:39:11] concern about the bouncing back and forth?

[1:39:13] >> yes, the extra piece to this, they do get moved 1000 feet, but

[1:39:19] they are not supposed to come back in those 24 hours.

[1:39:21] they are supposed to move to another area.

[1:39:24] that is one of the pieces to this, to make sure they are not

[1:39:27] returning to the same place, which we did not have before

[1:39:30] ith the regular 72 r ordinance we have in place now.

[1:39:33] >> what would be the penalty if that occurred, if a person moved

[1:39:37] ounce back? Feet and then they would be towed?

[1:39:44] >> we have the option to tell, educate, the option to cite, and

[1:39:51] if it is an offender who keeps doing this, cease and desist.

[1:39:56] >> another question, if we put this into play tonight, when

[1:40:02] enforcement can start, it would also allow us or allow you to

[1:40:07] evaluate and possibly come back -- people are abusing it,

[1:40:12] to either extend or reduce the number of hours.

[1:40:17] is that correct? >> we will analyze how it is

[1:40:22] working, yes. Our goal first is the 30-day

[1:40:26] education to make sure the residents know and then start

[1:40:29] enforcing. We would start making sure that

[1:40:31] they know what to do. >> if we requested changes

[1:40:37] tonight, then nothing happens because you guys would have to

[1:40:40] come back with a new ordinance and we would have to start the

[1:40:43] process over, is that correct? >> that is correct.

[1:40:48] >> thank you. >> any additional?

[1:40:50] councilmember evans? >> I have met with mr. Mickey

[1:40:52] and we talk this through, and I understand where you're coming

[1:40:55] from now. I get it.

[1:40:57] we have seen things happen in other cities, neighboring

[1:41:01] cities, and I think we want to avoid that situation up front if

[1:41:05] we can. Very much a proponent of that,

[1:41:10] without getting into too many details.

[1:41:13] looking at some other neighboring cities,

[1:41:15] understanding they don't have a minimum distance, I guess I am

[1:41:18] trying o determine, do you know what their thought process is on

[1:41:22] that? We have a minimum distance of a

[1:41:24] thousand feet, they have no minimum distance.

[1:41:29] are they expecting the vehicle to move out of the city at that

[1:41:32] point or onto private property? Is it one or the other?

[1:41:35] or if somebody picks up and moves -- I'm asking a question

[1:41:39] about other cities, but do we think somebody moves 100 feet,

[1:41:43] that they are okay and they can stay there and move again?

[1:41:46] is that how their ordinances are built?

[1:41:49] >> I ca can't speak for other cities, but the goal for us is

[1:41:55] giving an opportunity to make sure they are not having it in

[1:41:58] one place as a storage area. That is our ultimate goal.

[1:42:02] some cities are strict and they don't have any exception for any

[1:42:07] trailers on streets, but I don't think that is fair for our city.

[1:42:12] we thought the 72 hours, moving it to a certain location where

[1:42:16] the resident still has access, especially if they've gone to

[1:42:19] vacation or something were to happen in an emergency, it is

[1:42:21] still in their area so they can move it.

[1:42:25] >> thank you for that. I think the way I'm reading it,

[1:42:28] I think our ordinance is a little more stringent than elk

[1:42:33] grove or livermore. I think I like the thousand

[1:42:40] feet. It's not going to catch

[1:42:41] everything, it's not going to solve the problem.

[1:42:45] I like the permit idea. I think we should take a look at

[1:42:50] that, as well. But I think I am in support of

[1:42:54] supporting this now and evaluating and returning with

[1:42:57] potentially more robust ordinance.

[1:43:00] but I would like to get this in play and get it done for now and

[1:43:04] move forward. I think there is more that can

[1:43:06] be done with this but it's a good start.

[1:43:10] >> thank you, councilmember. Lieutenant, that would be my

[1:43:13] comment, as well, similarly to how we assessed and amended the

[1:43:17] fireworks prosecution ordinance. I would ask you implement this,

[1:43:19] give it six months, then come back to council and see how it's

[1:43:23] going and if there are additional requests for

[1:43:27] stringency. Council, any additional

[1:43:28] discussions? With that I'll entertain a

[1:43:30] motion. >> a motion to approve 3w.

[1:43:34] >> second. >> we have a first and second.

[1:43:36] roll call, please. >> mayor pro tem abercrombie?

[1:43:40] >> yes. >> council member evans?

[1:43:43] >> yes. >> councilmember bedolla?

[1:43:47] >> yes. >> councilmember nygard?

[1:43:51] >> yes. >> mayor arriola?

[1:43:52] >> yes. >> this passes.

[1:43:56] this is for any item that is not on tonight's agenda.

[1:44:00] just a highlight, the council is limited to how we can respond to

[1:44:05] items that are not on the agenda from the government code.

[1:44:08] can I please see hands raised for anyone who would like to

[1:44:10] speak on a nonagenda item? Do you have any online?

[1:44:18] >> no hands on line. >> with that, it will b

[1:44:21] be 4 minutes for whoever would like to start.

[1:44:32] >> mine is real quick. I think chief middleton was

[1:44:38] here, and I want to thank the police department.

[1:44:40] a couple weeks ago, maybe three weeks ago, there was a big issue

[1:44:45] with young boys riding their bikes through gwen o mcglynn

[1:44:54] breyer, edgewood, and -- actually I was on my way

[1:44:56] here when I saw all these police officers with the trailer, confg

[1:45:02] the bikes. Which to me was a blessing in

[1:45:07] disguise, because I would rather see that then -- I would rather

[1:45:11] see a parent pickup a bike then go to the morgue or go to the

[1:45:16] hospital with a child being hurt or killed.

[1:45:19] just recently, last week I was coming home and I stopped right

[1:45:23] there in front, and this whole group of kids came through

[1:45:27] again. Right in the middle of the

[1:45:29] street, no helmets. Luckily I always stopped, but if

[1:45:33] it is somebody not from the city -- we have allowed people

[1:45:36] to run stop signs, and we would have had a bad accident.

[1:45:39] I mentioned it to the chief when he was here earlier, they're

[1:45:41] going to continue -- we have to be consistent.

[1:45:46] they're going to do it. So I'm really thankful for that.

[1:45:51] I don't know the other parts of tracy where it still happening,

[1:45:54] but I know it is starting up again, glenn breyer, edgewood,

[1:45:59] and all the way back. They are going to continue doing

[1:46:01] that, and I'm glad to see that, because a lot of them do not

[1:46:05] have helmets and they are in the middle of the street.

[1:46:07] so I want to thank the chief and our police officers for doing

[1:46:11] their work. Thank you.

[1:46:13] >> thank you, ms. English. Do we have the microphone for

[1:46:18] mr. Healy? >> to the bike comment, I say to

[1:46:33] the kids bike life and continue to rebel.

[1:46:35] on the parking issue, that was clearly a targeting and not a

[1:46:39] safety issue, and the answer to that is do what san jose does,

[1:46:44] and other communities, and provide safe parking to the

[1:46:47] unhouse and not found a way to clamp down on them.

[1:46:50] be honest, it's not a safety issue.

[1:46:52] I don't have a problem with what the thing was, but just be

[1:46:55] honest with people. It was targeting and it's not a

[1:46:58] safety issue. Don't let that guy b.s. You.

[1:47:04] I was clowned because I was told it was dressed like abercrombie

[1:47:09] night. Anyway, I offered him to make a

[1:47:17] public apology to how his goons have treated me over the years

[1:47:21] but he has declined so far. Let's get to what I want to talk

[1:47:25] about. I have sent council a plethora

[1:47:29] of unresolved issues I have had with particularly the

[1:47:31] transportation department. I wish to thank councilmember

[1:47:33] dan for acknowledging me and sitting down serendipitously

[1:47:36] with me for a short discussion. I wish to thank the

[1:47:41] councilmember who appears to have taken a proactive interest

[1:47:43] in the plethora of issues I presented.

[1:47:45] I wish to thank him, pretty myopic, for his message pay but

[1:47:51] as citizen shepherd, asking the sheep for addressing

[1:47:56] grievance from wolves is the wrong answer.

[1:47:59] I got a lot of fish to fry. To the city management, hello,

[1:48:04] does this work? >> it is working, mr. Healy.

[1:48:12] >> you know, for years it bothered me that city never

[1:48:14] hired upper management from within.

[1:48:17] I was very optimistic when you hired him after the fiasco.

[1:48:22] and the mess the city is in, as well as the lack of

[1:48:27] acknowledgment of severe operational employee issues has

[1:48:29] meet rethinking my previous belief.

[1:48:31] I'm not going to repeat my issues.

[1:48:34] I am asking the council to initiate an investigation, liver

[1:48:36] does it. I also want to thank the new

[1:48:40] leadership for reaching out to me, evaluate findings, produce

[1:48:45] findings with transparency and accountability.

[1:48:47] basically, if you leave it in the hands of the city employees,

[1:48:49] it's going nowhere. I would like an investigation of

[1:48:58] inappropriate behavior as a service provided to the city of

[1:49:03] tracy, recommend his removal from transit here in tracy, a

[1:49:10] contract review for violations and the highest, stiffest

[1:49:13] penalty up to and including contract cancellation.

[1:49:17] with an eye toward smooth, transparent transition, example

[1:49:24] 12/31/26. This irregularity to be

[1:49:25] investigated. I can provide the mtm employees

[1:49:30] involved. This should be transparent to

[1:49:33] disclose where the missing gift went, they should be censured

[1:49:36] for unprofessional conduct. And return the monetary value of

[1:49:40] the gifts given to them. City employees, the recent

[1:49:47] actions of these employees along with never-ending and continuous

[1:49:52] nonverbal hate of city employees and demonstrated utter failure,

[1:49:59] they have cultivated and enabled a hateful, unprofessional, and

[1:50:03] terminally sick culture and tracy citizens.

[1:50:07] this must be addressed by the council of parties completely

[1:50:11] responsible and accountable to te council and people of tracy.

[1:50:14] I have stated on numerous occasions I accept the city

[1:50:17] judgment. I will not accept or tolerate

[1:50:21] their hateful, disrespectful, and unfair actions.

[1:50:23] the citizens of tracy -- to the citizens of tracy I say, no

[1:50:28] more. You don't have to tolerate

[1:50:31] unprofessional behavior or performance.

[1:50:31] stick I'm sorry, your time has lapsed.

[1:50:34] >> and don't let them try to ignore or outlast you.

[1:50:36] we are the city and they re the hired help.

[1:50:41] >> thank you, mr. Healy. Next speaker, please.

[1:50:43] seeing no additional speakers, do you have any online?

[1:50:46] >> no hands raised online, and they are.

[1:50:49] >> we will close out items from the audience.

[1:50:52] that brings us to public hearings.

[1:50:54] we will begin with item 5a, related to compliance with state

[1:51:00] requirements for the housing element.

[1:51:03] staff report, please. >> slide presentation.

[1:51:18] good evening, mayor and city council members.

[1:51:21] kenny lipich. Tonight's item represents the

[1:51:28] final major implementation step of the city's adopted housing

[1:51:32] element. Staff is requesting approval of

[1:51:33] the proposed rezones, plan amendments, and certification of

[1:51:40] environment impact report. As discussed, this contains

[1:51:45] related action tems, the rezoning of the opportunity

[1:51:49] sites to high density residential and mixed-use as

[1:51:50] well as updating the general plan to maintain consistency

[1:51:54] with the proposed zoning and incorporate required state

[1:51:58] mandated amendments. In addition we are amending

[1:52:01] plans to eliminate conflicts with the element implantation

[1:52:05] and certifying the report. Just to give a little bit of

[1:52:13] background for the project, in july of 2025 city council

[1:52:16] adopted the 2023 2031 housing element.

[1:52:23] we issued a tentative compliance letter for the housing element,

[1:52:29] identifying the completion as a remaining limitation require

[1:52:34] requirement. Approval of tonight's eitan will

[1:52:37] complete the rezone program and position the city to obtain

[1:52:42] final determination of substantial compliance.

[1:52:47] for step for the rezones, the proposed rezones of 187 parcels,

[1:52:54] the majority of which were housing element inventory, these

[1:53:00] are to become high density residential and ixed-use.

[1:53:04] on the slide you can see the exhibit on the right-hand side,

[1:53:13] grids 1, 2, 3, and 4. If we go on to the next slide

[1:53:17] you'll see the areas zoomed in. Grid one is the northwest

[1:53:23] portion of tracy, grid 2 is the northeast, and then

[1:53:31] grid 3 being southwest tracy an. For the site inventory, these

[1:53:43] help establish a residential developing capacity but they do

[1:53:46] not approve any specific development projects.

[1:53:49] so these naps are illustrating the geographic distribution of

[1:53:51] the proposed rezone throughout the city.

[1:53:53] the sites are located in multiple areas and include

[1:53:58] vacant, underutilized, and redevelopment properties

[1:54:00] identified during the housing element process.

[1:54:04] looking forward to the general plan amendments, the proposed

[1:54:07] general plan amended is to update the land use designations

[1:54:10] to maintain consistency with the proposed rezonings for the 187

[1:54:15] opportunity sites, consistent with proposed rezoning we saw

[1:54:24] before. In addition, for the general

[1:54:28] plan amendments, this includes updates to the land-use element,

[1:54:32] circulation element, safety element, and environmental

[1:54:34] justice element. For land use, it was proposed.

[1:54:41] circulation, updates to senate bill 743 for vehicle miles

[1:54:45] traveled, safety element, the state periodically requires us

[1:54:48] to include policies related to flooding, wildfire, emergency

[1:54:53] evacuation, and climate, and last but not least, the

[1:54:55] environment of justice element. This is a new policy required

[1:55:00] under sb1000 to address health equity, environmental impacts,

[1:55:04] and community needs in disadvantaged areas.

[1:55:07] for the specific plan amendments, we did these to

[1:55:11] ensure that existing specific plan provisions do not conflict

[1:55:14] with the proposed onings of the housing element implantation.

[1:55:19] where inconsistencies exist, the general plan in the tracy

[1:55:21] municipal code would govern future development.

[1:55:25] for this project, and environmental impact report was

[1:55:29] prepared in accordance with ceqa to identify the impossible in

[1:55:35] marital effects. This is intended to nform

[1:55:38] decision makers and inform the public of environmental impacts

[1:55:40] and mitigation measures. That's a brief overview picture

[1:55:45] of the process we go through, and we will go into more detail

[1:55:47] on the next slide. For the environmental review for

[1:55:51] this environment impact report, we started with the included

[1:55:57] public scoping, circulation of the draft eir, public review,

[1:56:02] response to comments, and preparation of the final eir.

[1:56:04] we did go to planning commission public hearing on june 10th, and

[1:56:08] city council public hearing for tonight.

[1:56:13] topics that were studied in the 2026 draft eir, this is seven up

[1:56:18] on the board. All required environment of

[1:56:21] resource areas in accordance with ceqa, the technical study

[1:56:27] support analysis is included in the final eir in the appendices.

[1:56:29] for significant unavoidable impacts, there was one

[1:56:34] identified as the project's only significant unavoidable impact,

[1:56:37] and that is transportation. All feasible mitigation measures

[1:56:40] have been incorporated and approval of the project requires

[1:56:44] adoption of the findings of fact and a statement of overriding

[1:56:49] consideration. Finally, the eir includes

[1:56:52] responses to all comments received on the draft eir,

[1:56:56] revisions where appropriate, and the final mitigation monitoring

[1:56:59] and reporting program. Staff recommends that the

[1:57:02] city council certified the environmental impact report and

[1:57:05] adopt the associated ceqa findings, approve the general

[1:57:07] plan amendments, waive the first reading, and introduce ordinance

[1:57:12] rezoning per plan amendments. Collectively, these actions

[1:57:15] maintain consistency among the city's planning documents and

[1:57:18] enables the city to submit for housing element compliance

[1:57:22] consideration by hcd. That concludes the presentation

[1:57:24] and staff is available to answer any questions.

[1:57:28] >> thank you. With that I will go ahead and

[1:57:29] open the public hearing at 8:44 p.m.

[1:57:32] do you have any pull preliminay questions?

[1:57:38] seeing then, we'll go out for public comment.

[1:57:40] would any members of the public like to speak on item 5a?

[1:57:44] seeing none in chambers, any online?

[1:57:47] >> we have one speaker card. >> go ahead and proceed.

[1:57:52] >> dennis wilson? >> good evening, mayor arriola,

[1:58:05] council members. Dennis wilson.

[1:58:07] I am the principal lanner of horizon consulting in modesto,

[1:58:11] california, and I represent maya vmf llc, developers and

[1:58:20] operators of hispanic food markets.

[1:58:23] in fact, they currently operate -- they have rehabbed

[1:58:29] three existing buildings into supermarkets here in tracy.

[1:58:33] so they are very familiar with tracy.

[1:58:36] they purchased 3.2-acre parcel at the northwest corner of

[1:58:41] macarthur and mount diablo. The broker brought them here to

[1:58:47] the city of tracy to determine, do their due diligence, and find

[1:58:54] out what the current zoning was for this site.

[1:58:57] they understood it was neighborhood hopping, n.s., but

[1:59:04] they wanted to make sure, which is part of the due diligence.

[1:59:08] so, in september -- actually, they came in july of 2025, and

[1:59:15] they were told that it was zoned neighborhood shopping.

[1:59:20] in september, they went ahead and closed escrow on the

[1:59:25] 3.2 acres, and shortly after I was retained to help them

[1:59:28] through the planning process, and learned that the project was

[1:59:37] part of this 196-acre parcel rezones.

[1:59:43] they purchased it without knowing that.

[1:59:48] anyway, to make it short, we have been working very

[1:59:51] diligently with planning staff, they have been a great help in

[1:59:56] removing the two parcels they bought from the 196 parcels that

[2:00:01] are being rezoned, and we are here tonight to just make sure

[2:00:07] that council understood why we were being removed and widely

[2:00:12] asked to be removed. And I am here to answer any

[2:00:15] questions you might have. >> thank you, mr. Wilson.

[2:00:21] do we have any additional speakers?

[2:00:25] >> I have no hands raised online, and they are.

[2:00:28] >> with that, I will close the public comment portion in the

[2:00:32] public hearing at 8:47 p.m. Returning to council for

[2:00:38] discussion and/or motion. >> I'm going to make a motion to

[2:00:41] adopt resolution certifying an environmental impact report,

[2:00:44] state clearinghouse number 202-406-0665, and adopting a

[2:00:51] mitigation monitoring and reporting program, findings of

[2:00:56] fact, and a statement of overriding considerations for

[2:00:58] the housing element implementation project,

[2:01:01] including rezoning, specific plan amendment, and general plan

[2:01:05] amendment pursuant to the california environmental quality

[2:01:08] act. >> second.

[2:01:08] >> we have a first and second. Roll call, please.

[2:01:15] >> mayor pro tem abercrombie? >> yes.

[2:01:18] >> councilmember evans? >> yes.

[2:01:20] >> councilmember bedolla? >> yes.

[2:01:23] >> councilmember nygard? >> yes.

[2:01:26] >> and mayor arriola? >> yes.

[2:01:28] >> I make a motion to update land use designations for the

[2:01:34] housing element opportunity sites, and approving a general

[2:01:37] plan amendment to update the land use, safety, circulation,

[2:01:42] and creation of a new environmental justice element.

[2:01:44] >> second. >> we have a first and second.

[2:01:47] roll call, please. >> mayor pro tem abercrombie?

[2:01:52] >> yes. >> councilmember evans?

[2:01:54] >> yes. >> councilmember bedolla?

[2:01:58] >> yes. >> councilmember nygard?

[2:01:59] >> yes. >> mayor arriola?

[2:02:00] >> yes. Madame clerk, would you please

[2:02:02] read the title of the proposed ordinance?

[2:02:05] >> rezoning the housing element opportunity sites to implement

[2:02:10] the 2023-2031 housing element and mending the industrial

[2:02:14] areas specific plan, I-205 corridor specific plan, and

[2:02:19] tracy hills specific plan. >> motion to waive the first

[2:02:23] reading by substitution of the title and introduce the

[2:02:26] ordinance? >> second.

[2:02:27] >> we have a first and second. Roll call, please.

[2:02:31] >> mayor pro tem abercrombie? >> yes.

[2:02:34] >> councilmember evans? >> yes.

[2:02:37] >> councilmember bedolla? >> yes.

[2:02:41] >> the item passes. We look forward to be compliant

[2:02:44] with the housing element and thank you to our businesses for

[2:02:46] working with us. Next up, that brings us to

[2:02:54] item 5b, which is related to policy on business-friendly

[2:02:58] parking requirements. Staff report, please.

[2:03:11] >> hello. Thank you for getting the

[2:03:13] powerpoint up. My name is breanna alamilla, and

[2:03:15] I am with the planning division in community and economic

[2:03:19] development, and I'm here tonight to talk about the

[2:03:21] shopping center parking amendments.

[2:03:24] tonight we are proposing amendments to two articles in

[2:03:30] the zoning code, article 2, definitions, and article 26,

[2:03:34] off-street parking requirements. We are also proposing amendments

[2:03:38] to three specific plans, the cordes ranch specific plan, the

[2:03:43] I-205 corridor specific plan, and the residential areas

[2:03:46] specific plan. The reason we are bringing this

[2:03:49] project here tonight is to propose an amendment to reduce

[2:03:52] the parking requirement to one parking space per 350 square

[2:03:58] feet of gross floor area. Currently, commercial and office

[2:04:03] uses require one space per 250 feet square area.

[2:04:07] this change would apply in zones that allow commercial uses and

[2:04:11] areas within the three specific plans.

[2:04:16] the reason we are proposing this amendment is to implement the

[2:04:21] sustainability action plan, measure t2, to reduce parking

[2:04:25] requirements, and also to support the 2025-2027 strategic

[2:04:31] priorities, specifically to enhance the city's reputation as

[2:04:33] a business friendly city. The definition does not exist

[2:04:39] currently in our municipal code for shopping centers, so staff

[2:04:44] is proposing a new definition to ensure consistency in

[2:04:46] implementing this new amendment. Staff is proposing the

[2:04:50] definition of "a group of three or more consumer service and

[2:04:54] retail trade establishments, including any other commercial

[2:04:56] uses allowed in the zone, on a single or contiguous parcels,

[2:05:00] developed with shared parking and vehicle/pedestrian access."

[2:05:06] these amendments are exempt from ceqa pursuant to section 150-53,

[2:05:18] and the staff and planning commission are recommending

[2:05:21] city council introduce the ordinances amending the tracy

[2:05:24] municipal code and specific plans and adopt resolution

[2:05:26] determining that this is exempt from ceqa.

[2:05:32] this concludes the presentation. Thank you.

[2:05:34] >> I do have one preliminary question.

[2:05:36] the staffing report stated the impetus behind this was

[2:05:40] challenges with the application for dutch bros in the former

[2:05:47] big lots parking center. Will this allow that to proceed

[2:05:51] forward in addition to the site that has already been supported

[2:05:54] downtown? >> the site downtown, the

[2:05:56] parking is fine. The cement and cement is already

[2:05:59] being brought forward, as you mentioned, because of the dutch

[2:06:04] bros proposed in the big lots parking lot, and this change

[2:06:07] will allow that to go forward. >> thank you.

[2:06:11] council, do you have any prelimited questions?

[2:06:14] I will open the public hearing at 8:52 p.m. And allow for

[2:06:17] public comment. Any members of the public who

[2:06:20] would like to speak on item 5b? Seeing none in chambers, do we

[2:06:24] have any online? >> no hands raised online,

[2:06:27] mayor. >> with that we will close

[2:06:29] public comment and close the public hearing at 8:53 p.m.

[2:06:33] we will return to council for further discussion or motion.

[2:06:36] >> I would like to motion for an adoption of a resolution

[2:06:39] reckoning the ordinances removing article 2 and article

[2:06:44] 26 requirements of chapter 10.08, zoning regulations, of

[2:06:50] title 10, planning and zoning of the tracy municipal code, and

[2:06:55] amending the cordes ranch specific plan, the I-205

[2:06:59] corridor specific plan, and the residential areas specific plan,

[2:07:03] two equirement for shopping cens of one space per 350 square feet

[2:07:09] of gross floor area is exempt from the california

[2:07:11] environmental quality act pursuant to ceqa guidelines

[2:07:19] section 15061 subsection b, subsection 3, because it can be

[2:07:23] seen with certainty to have no possibility of a significant

[2:07:27] effect on the environment. >> second.

[2:07:28] >> we have a irst and second. Roll call, please.

[2:07:33] >> mayor pro tem abercrombie? >> yes.

[2:07:35] >> councilmember evans? >> yes.

[2:07:38] >> council member bedolla? >> yes.

[2:07:40] >> councilmember nygard? >> before I vote, I have one

[2:07:43] last question. I know you you jumped and really

[2:07:46] fast there. >> my apologies.

[2:07:49] >> does this parking also look at the increased use of e-bikes

[2:07:53] and whatnot? Are be taking into consideration

[2:07:57] e-bike parking at all in any of these newer shopping centers?

[2:08:02] speak of this ordinance specifically is not looking at

[2:08:06] e-bike parking. It's just for shopping center

[2:08:09] parking requirements to allow the dutch bros, mostly, to come

[2:08:12] in. >> so it is only looking at

[2:08:15] vehicle parking? >> yes.

[2:08:16] >> okay. We can bring this back at a

[2:08:18] later time. Thank you.

[2:08:20] >> did you have a vote? >> oh, yes.

[2:08:23] I vote yes. [laughs]

[2:08:26] thank you. >> and mayor arriola?

[2:08:28] >> yes. Ith that -- my apol. Madame clerk, would you please

[2:08:34] read the title of the close ordinance?

[2:08:43] >> an ordinance amending existing articles, article 2,

[2:08:47] definitions, and article 26, off-street parking requirements,

[2:08:51] of chapter 10.08, zoning regulations, of title 10,

[2:08:56] planning and zoning, of the tracy municipal code, and

[2:09:01] amending the cordes ranch specific plan, the I-205

[2:09:06] corridor specific plan, and the residential areas specific plan,

[2:09:09] to add a minimum parking requirement for shopping centers

[2:09:13] of one space per 350 square feet of gross floor area is exempt

[2:09:20] from the california environmental quality act, ceqa,

[2:09:24] pursuant to ceqa guidelines section 15061b3.

[2:09:29] >> motion to waive the first reading by substitution of title

[2:09:33] and introduce the ordinance. >> second.

[2:09:34] >> we have a first and second. Roll call, please.

[2:09:39] >> mayor pro tem abercrombie? >> yes.

[2:09:41] >> council member evans? >> yes.

[2:09:44] >> councilmember bedolla? >> yes.

[2:09:47] >> councilmember nygard? >> yes.

[2:09:49] >> and mayor arriola? >> yes.

[2:09:50] with that, the item passes. I look forward to more business

[2:09:55] friendly parking in the future. That brings us to item 5c,

[2:09:58] regarding an update to notices of violation to the tracy

[2:10:04] municipal code. Staff report, please.

[2:10:11] >> hello, mayor, council. My name is lacey, and with the

[2:10:16] city of tracy code enforcement unit.

[2:10:19] this item is before you tonight because staff identified an

[2:10:22] opportunity to improve and modernize the city's existing

[2:10:27] notice of violation procedures. A notice of violation is an

[2:10:30] important code enforcement tool that the city uses when

[2:10:36] significant property violations remain unsolved -- I'm sorry,

[2:10:38] and resolve. Once recorded, it provide notice

[2:10:41] to potential purchasers, lenders, and other interested

[2:10:44] parties that a property has outstanding code violations that

[2:10:46] have not been corrected. Over time, staff found that

[2:10:51] existing ordinances contained procedural ambiguities and no

[2:10:58] longer reflected the city's current organizational

[2:11:01] structure. The current code also places the

[2:11:03] authority to record notices of violation with a position that

[2:11:06] function. Oversees that as a result, staff worked with

[2:11:11] the city attorney office to review the ordinance and develop

[2:11:14] an amendment that provides greater clarity, consistency,

[2:11:18] and transparency for both the city and property owners.

[2:11:22] the proposed ordinance does several things: first, it

[2:11:25] clearly outlines the steps that must occur before a notice of

[2:11:28] violation can be recorded, including notice to the property

[2:11:33] owner, a reasonable pportunity to correct the violation, and an

[2:11:36] opportunity to appeal the city determination.

[2:11:40] second, it establishes a clear procedure and timelines so

[2:11:47] property owners better understand their rights and

[2:11:50] responsibilities throughout the process.

[2:11:55] retaining a notice of compliance after violations have been

[2:11:58] corrected included completion of the any required permits and

[2:12:01] resolution of outstanding administered fines or penalties

[2:12:05] it updates the administered authority for them according to

[2:12:09] city manager or designee this better aligns with current code

[2:12:14] writing practices and rovides flexibility should

[2:12:17] organizational responsibilities change in the future.

[2:12:20] importantly, this ordinance does not create new violations,

[2:12:23] increased penalties or expand the city's enforcement

[2:12:27] authority. Instead it's the city's existing

[2:12:30] procedures and ensures they are administered in a fair,

[2:12:33] consistent, and legally defensible manner.

[2:12:40] from a community standpoint, these amendments help promote

[2:12:43] timely corrections of violations, improve transparency

[2:12:46] in property transactions and productive future property

[2:12:50] owners from unknowingly purchasing properties with

[2:12:52] unresolved code issues. Overall, the proposed amendment

[2:12:56] provides a clear process for the public, stronger due process

[2:13:01] protections for property owners, and more effective compliance

[2:13:03] tools for the city. Staff recommends the

[2:13:06] city council conduct a public hearing, adopt the ceqa

[2:13:11] exemption resolution, and introduce the ordinance.

[2:13:13] >> the chair: we will go ahead and open the public hearing at

[2:13:17] 8:59:00 p.m. Any pulmonary questions from

[2:13:22] counsel? Speak of this is rather legally

[2:13:25] dense item, cleanup item we will go up to public comment on item

[2:13:41] 5c would any members of the public like to speak -- seeing

[2:13:45] chambers, we have have any online.

[2:13:48] we have public lament imposed the public hearing.

[2:14:04] >> repealing 10.08 article 39 in its entirety at enacting chapter

[2:14:09] 1.36 notices of violation to the tracy municipal code, category

[2:14:13] except to the california environmental quality pursuant

[2:14:16] to ceqa guideline section 15378 subsection b, subsection two.

[2:14:26] >> the chair: first and second, roll call please.

[2:14:27] >> mayor pro-tem abercrombie. >> yes.

[2:14:29] >> councilmember evans. >> yes.

[2:14:31] >> councilmember bedolla. >> yes.

[2:14:32] >> councilmember nygard. >> yes.

[2:14:33] >> and mayor arriola. >> yes.

[2:14:45] >> the chair: will you please read the ordinance.

[2:14:52] >> violations, penalties, enacting chapter 1.36 "notices

[2:14:57] of violation" of the tracy municipal code.

[2:15:02] >> motion to waive the first reading and introduce the

[2:15:05] ordinance. >> second.

[2:15:06] >> the chair: we have first and second, will call please.

[2:15:09] >> mayor pro-tem abercrombie. >> yes.

[2:15:10] >> councilmember evans. >> yes.

[2:15:11] >> councilmember bedolla. >> yes.

[2:15:12] >> councilmember nygard. >> yes.

[2:15:13] >> and mayor arriola. >> yes.

[2:15:19] >> the chair: with that the item passes, thank you to ode

[2:15:22] enforcement come appreciate the hard work.

[2:15:24] that brings us to tem 5d which is regarding policy expending

[2:15:29] after hours restrictions to the cemetery district property.

[2:15:42] >> good evening, mayor, council members, thank you for the

[2:15:45] opportunity to speak my is dan garcia, here to propose a

[2:15:58] council member -- aims to extend 4.16.180 which addresses

[2:16:04] unlawful acts in parks and public areas and 4.16.190 which

[2:16:12] is establishing closing hours. The tracy cemetery district

[2:16:16] provides a vital public space with a respectful and

[2:16:21] environment to honor and honor our loved ones.

[2:16:24] unfortunately properties within the tracy public cemetery

[2:16:28] district have experienced ongoing issues including after

[2:16:30] hours trespassing, vandalism, activities.nd other disruptive

[2:16:35] currently our municipal code does not extend parking

[2:16:39] regulations or enforceable after our restrictions to the cemetery

[2:16:42] grounds which limits our ability to address these issues

[2:16:45] effectively. The proposed ordinance would

[2:16:48] extend existing part regulations to the tracy public cemetery

[2:16:52] district property ensuring unlawful acts such as vandalism,

[2:16:55] loitering, and alcohol consumption are clearly

[2:16:58] prohibited and enforceable. Establishing a forcible after

[2:17:00] hours restrictions for the tracy public cemetery district

[2:17:03] property make it unlawful for any person to enter or remain on

[2:17:08] the cemetery grounds outside of the posted operational hours

[2:17:12] except for authorized personnel or those with written permis

[2:17:16] permission. Promoted consistent enforcement

[2:17:18] of rules cross all comparable public spaces within city limits

[2:17:23] thereby supporting public safety and preserving this important

[2:17:26] community areas part of the amendment will provide

[2:17:28] law enforcement of clear authority to respond to

[2:17:30] complaints and enforce violations on these properties.

[2:17:34] applying the same standards used for city parks.

[2:17:36] it would also support the public's expectations but

[2:17:38] cemetery grounds remain safe, peaceful, and respectful

[2:17:42] environments. There will be no significant

[2:17:44] physical impact as enforcement will be managed within existing

[2:17:48] police department resources. Additionally the action is

[2:17:52] categorically exempt from the california environment equality

[2:17:53] act as it does not result in any physical changes to the

[2:17:58] environment. The tracy police -- the tracy

[2:18:00] public cemetery district along with its legal counsel initiated

[2:18:04] this request and has provided input on the proposed

[2:18:06] amendments. The city attorney's office and

[2:18:09] tracy police department have collaborated to ensure the

[2:18:11] ordinance language is effective and consistent with our

[2:18:15] regulatory framework. Tonight I respectfully request

[2:18:17] the adoption of the amendment to chapter 4.16 to extend parked

[2:18:23] regulations and after hours restrictions to the tracy public

[2:18:27] cemetery district property. Thank you for your time and I'm

[2:18:29] happy to answer any questions you have.

[2:18:30] >> the chair: we will over the public earing at 9:05:00 p.m.

[2:18:35] do we have luminary questions. Councilmember bedolla?

[2:18:42] >> the closing is 8:00 p.m., with this change that?

[2:18:46] >> we will work with the cemetery whatever hours they

[2:18:49] have posted we will respect those and that will be part of

[2:18:52] this ordinance. >> currently, is this going to

[2:18:57] allow enforcement, currently is there no enforcement?

[2:19:01] >> it's a private owned property, this would give us the

[2:19:06] access because we don't have the authority unless they tell us

[2:19:09] this is happening, right? This gives us the authority to

[2:19:13] take proactive decisions when we are out there in the field.

[2:19:18] >> okay, thank you. >> the chair: any additional

[2:19:20] pulmonary questions. Seeing none, do we have any

[2:19:23] public comment on item 5. D. Seeing them in chambers to we

[2:19:29] have any online? >> no hands raised.

[2:19:32] >> the chair: will close public comment and close public

[2:19:34] hearing at 9:06:00 p.m. And return to counsel for discussion

[2:19:39] and motion. >> I make a motion to adopt the

[2:19:41] resolution determining the ordinance amending chapter 4.16

[2:19:46] of the racy municipal code to extend that section 4.16.180

[2:19:52] unlawful acts in parks and public areas to include property

[2:19:55] owned by the tracy public cemetery district and amending

[2:20:00] section 4.16.190 part closing hours to establish enforceable

[2:20:04] after hours restrictions for tracy public cemetery district

[2:20:09] property is categorically exempt from the california

[2:20:13] environmental quality act pursuant to ceqa guidelines

[2:20:20] section 15378 b2. >> the chair: first and second

[2:20:25] will call please. >> mayor pro-tem abercrombie.

[2:20:26] >> yes. >> councilmember evans.

[2:20:27] >> yes. >> councilmember bedolla.

[2:20:29] >> yes. >> councilmember nygard.

[2:20:32] >> yes. >> and mayor arriola.

[2:20:33] >> yes. >> the chair: will you please

[2:20:38] read the title of the proposed ordinance.

[2:20:43] >> amending chapter 4.16 of the tracy municipal code to extend

[2:20:49] section 4.16.180 unlawful acts in parks and public areas to

[2:20:53] include property owned by the tacy public cemetery district

[2:20:57] and amending section .16.190 part closing hours to establish

[2:21:05] enforceable after hours restrictions for tracy public

[2:21:07] cemetery district property. >> motion to waive the first

[2:21:12] reading by ubstitution of the title and introduce the

[2:21:15] ordinance. >> second.

[2:21:17] >> the chair: first and second, will call please.

[2:21:19] >> mayor pro-tem abercrombie. >> yes.

[2:21:20] >> councilmember evans. >> yes.

[2:21:21] >> councilmember bedolla. >> yes.

[2:21:22] >> councilmember nygard. >> yes.

[2:21:23] >> and mayor arriola. >> yes.

[2:21:28] >> the chair: thank you to the police department we look

[2:21:32] forward to enforcement of the cemetery district.

[2:21:33] that brings us to item -- regular agenda items and we have

[2:21:42] item six.a. >> good evening mayors, council

[2:21:46] members, members of the public thank you again for the app

[2:21:48] tutor to speak -- dan garcia bureau special operations for

[2:21:53] the tracy police department. I'm here to propose the

[2:21:56] city council consider a resolution that will significant

[2:21:58] lee ann hansen public safety and operational efficiency in our

[2:22:01] city parks and throughout tracy this resolution aims to

[2:22:05] establish strict compliance with standard procurement process

[2:22:06] that's not in the city's best interest and to approve a master

[2:22:10] service agreement with block group inc. To purchase

[2:22:17] insulation operation and maintenance of camera technology

[2:22:18] for a term of 44 months at a cost that does not exceed

[2:22:24] $639,467. This resolution will chieve the

[2:22:27] following. Modernizing public safety

[2:22:29] infrastructure, our current park camera systems are outdated and

[2:22:31] inadequate for today's public the tracy police department has

[2:22:36] successfully utilized flock automated license plate readers

[2:22:40] and pan-tilt zoom cameras since 2022 leading to a significant

[2:22:44] success in solving crimes, locating missing persons and

[2:22:48] recovering stolen property. Expanding this proven technology

[2:22:51] into our parks will provide comprehensive real-time video

[2:22:55] coverage and critical oversight. This contract ill result in the

[2:23:00] installation of 33 fixed flock condor cameras and 16 flock ptc

[2:23:04] cameras in our tracy city parks specifically at dr. Powers park,

[2:23:09] gretchen talley park, legacy park, lincoln park, mcdonald

[2:23:14] park, veterans park, and sanusi park.

[2:23:19] flat annual lease rate per camera incorporating

[2:23:21] installation, maintenance, cloud-based hosting an ongoing

[2:23:24] software enhancements. This approach limits the burden

[2:23:27] of costly equipment replacement at the end of the agreement and

[2:23:31] ensures our technology remains current and reliable.

[2:23:34] flock is the sole manufacturer and developer of this camera

[2:23:40] technology and the tracy police department's real-time

[2:23:43] information center is already fully integrated with their

[2:23:46] system, transitioning o another vendor would require a complete

[2:23:50] overhaul of our infrastructure leading to significant

[2:23:53] additional costs in service and disruption.

[2:23:58] the police department has established robust policies to

[2:23:59] ensure the ethical use of video and a lpr technology including

[2:24:05] strict guidelines of data collection, retention, and

[2:24:08] privacy. The master service agreement

[2:24:10] includes confidential clauses and complies with all state and

[2:24:13] federal requirements including sb 34 a state privacy laws

[2:24:17] enacted in 2015 that governs how our -- how public and private

[2:24:22] entities collect, secure, and retain, and share data generated

[2:24:26] by these systems pick of the cost of the agreement will not

[2:24:30] exceed $639,467 over 44 months funded through the tpd annual

[2:24:37] operating budgets. This investment will consolidate

[2:24:39] and expand our camera etwork providing greater value and

[2:24:43] safety to our community. This initiative directly

[2:24:48] supports our strategic priorities for public safety by

[2:24:50] leveraging technology to prevent and reduce crime, enhance

[2:24:54] evidence-based enforcement, and improve the quality of life for

[2:24:57] all tracy residents. Went december of 2025, flock

[2:25:01] cameras help locate a missing elderly resident within hours,

[2:25:05] ensuring her safe return. In february of 2026 the system

[2:25:09] enabled police to identify and apprehend a shooting suspect who

[2:25:11] fled the city. In may of 2026 a stolen vehicle

[2:25:15] was quickly recovered and returned to its owner thanks to

[2:25:17] the real-time tracking. Since january 1st there have

[2:25:25] been approximately 206 instances where the real-time information

[2:25:27] center was able to use the evidence from these cameras to

[2:25:32] help in the reports. There were 660 instances where

[2:25:36] they were able to use the system to make sure our officers

[2:25:40] arrived at these locations safely and give them the

[2:25:43] information they needed to. Since 2022, 240 incidents that

[2:25:50] resulted in reports being taken that began with our a lpr hits

[2:25:55] which meant either it's a felony vehicle, missing person, or some

[2:26:02] type of dangerous people that was flagged by an agency or

[2:26:06] ours. I request the adoption of this

[2:26:09] resolution to approve the master agreement with flock inc.

[2:26:14] >> the chair: we will open the public hearing at 9:12:00 p.m. I

[2:26:18] want to start really quickly just given concerns we have

[2:26:21] heard related to data collection and retention, data sharing,

[2:26:26] surveillance concerns, confidentiality, can you give us

[2:26:28] a little more detail on what the city or flock is doing to

[2:26:31] prevent misuse of automated license plate readers and data.

[2:26:39] >> arbor attention period's for 30 days, we make sure we have

[2:26:43] that. If any officer or anyone from

[2:26:44] our department is using the system, we make sure there's a

[2:26:48] case number involved and the reason why they are doing the

[2:26:50] search or looking through the system itself.

[2:26:53] we have policies in place that take care of that.

[2:26:58] we control the system and we decide who we share that system

[2:27:01] with. We only share in state partners

[2:27:05] and law enforcement but there's a reason why they are sharing

[2:27:10] with them. That's kind of where we re at

[2:27:14] with the policy and retention in the system.

[2:27:18] >> point of clarification, this is a regular discussion of the

[2:27:21] public hearing. >> the chair: my apologies.

[2:27:28] >> do have any additional preliminary questions?

[2:27:33] >> the chair: will there be any public comment related to

[2:27:37] item six-point a? Scene and in chambers we online?

[2:27:42] >> one moment, mayor. >> in case there was questions.

[2:27:51] >> no speakers on line. >> the chair: we will go ahead

[2:27:53] and close out public comment related to six-po six.a.

[2:28:07] >> I wanted to thank you officer garcia and a chief millington

[2:28:12] for being so proactive in using the technology we need to be

[2:28:18] more visible if that's a good word to locate and be able to

[2:28:27] apprehend crime in progress. I think this is a true example

[2:28:33] of being able to use technology in real time to our best

[2:28:37] advantage. I just have one quick question,

[2:28:40] he answered a lot of what I was thinking -- one of the numbers

[2:28:44] we are looking at that you have been able to apprehend suspects

[2:28:49] with the use of these devices. I think you stated in your

[2:28:56] report quite a bit of data which was great.

[2:28:59] I did want to see if you could touch on privacy.

[2:29:02] I know that comes up a lot in public about what are we doing

[2:29:09] to help protect privacy when we are using these devices in

[2:29:15] public? >> our goal is to use the system

[2:29:19] ethically and by doing that, we are lways doing analysis and

[2:29:24] data runs to make sure we are using it properly.

[2:29:27] we are training our officers on how to use it, making sure they

[2:29:31] are related to a crime, related to any police functions that we

[2:29:36] do and they are not misused. We are making sure we are not

[2:29:42] sharing with out-of-state partners or any federal

[2:29:44] agencies -- we control the sstem.

[2:29:48] we make sure we are creating audits on it monthly.

[2:29:54] >> I wanted to conclude by saying I am surprised and

[2:30:00] grateful that flock uses solar-powered cameras out there.

[2:30:07] I'm grateful we are able to look at cost savings had not have to

[2:30:10] hardwire all these and because they do come with the solar

[2:30:14] capability, thank you again. >> the chair: any additional

[2:30:18] discussion? Briefly I want to thank chief

[2:30:21] millington because flock cameras were utilized to locate my

[2:30:24] stolen vehicle a few months ago outside of the city of tracy but

[2:30:29] I've seen it firsthand how effective this can be.

[2:30:32] thank you chief nd thank you to your team for incredible work.

[2:30:36] and I will entertain a motion. >> motion to adopt the

[2:30:39] resolution determining compliance with standard

[2:30:42] procurement processes not of the best interests of the city

[2:30:46] pursuant to tracy municipal code 2.20.180 subsection b,

[2:30:52] subsection three and dispensing such requirements for the action

[2:30:57] herein two, proving a master service agreement with flock

[2:31:00] group inc. For the purchase, installation, operation, and

[2:31:03] maintenance of new equipment and technology for a 44 month term

[2:31:07] and for a total not to exceed amount of $639,467.

[2:31:18] >> second. >> the chair: we have a first

[2:31:19] in a second. Roll call please.

[2:31:20] >> mayor pro-tem abercrombie. >> yes.

[2:31:23] >> councilmember nygard. >> yes.

[2:31:24] >> councilmember bedolla. >> yes.

[2:31:25] >> councilmember evans. >> yes.

[2:31:29] >> and mayor arriola. >> yes.

[2:31:34] >> the chair: thank you to the tracy police department we look

[2:31:35] forward to stronger enforcement. That brings us to tem six.b

[2:31:40] lived a short term rental regulations.

[2:31:42] staff report please. >> thank you mayor ed council

[2:32:06] members, christina delgadillo associate planner.

[2:32:08] we are providing information on short-term rentals and asking

[2:32:10] direction from the city council in addressing them.

[2:32:15] a short-term rental as a rental of a dwelling or portion thereof

[2:32:19] by the owner to another person or group of persons for

[2:32:22] occupancy, dwelling, lodging or sleeping purposes for a period

[2:32:25] of less than 30 consecutive da days.

[2:32:29] also known as vacation rentals, transient rentals, bed and

[2:32:31] breakfast, et cetera. There are two types of

[2:32:37] short-term rentals. Hosted an unposted figure hosted

[2:32:39] meets the owner, agent or full-time mentor lives on the

[2:32:42] property during the guests they usually usually a short-term

[2:32:45] renter will rent out a broom. On hosted is the owner not

[2:32:48] residing on the property and the whole house or unit is rented

[2:32:51] out to. The state allows cities to

[2:32:53] collect transient occupancy tax from short-term rentals under

[2:32:58] revenue and taxation codes section 72-80.

[2:33:00] popular companies that help facilitating rentals or air be

[2:33:05] and, verbal, homeaway, and flip key.

[2:33:09] currently the medicinal code does not have any definition for

[2:33:13] short-term rentals. There is a section .08.1070

[2:33:18] which states any use not explicitly stated in title x is

[2:33:22] prohibited. In the past, staff has used the

[2:33:25] definition and zoning centers for boarding and grooming houses

[2:33:28] to include short-term rentals as well.

[2:33:30] boarding and grooming houses are currently allowed in meeting up

[2:33:33] density and high density zones. Short-term rentals are not a

[2:33:36] perfect fit and issues have arisen.

[2:33:41] according to our research there are roughly 88 currently

[2:33:44] operating in the city. Our records show only one has a

[2:33:47] business license and is still attempting to be the parking

[2:33:50] requirements for boarding houses.

[2:33:53] the code enforcement division has had multiple cases involving

[2:33:56] short-term rental complaints. In 2024 there were 1 16 cases,

[2:34:01] 2025 there were five cases, nd so far in 2026 there have been

[2:34:05] seven cases. The city is losing out on the

[2:34:10] tot the state allows us to collect.

[2:34:13] many cities throughout california allowed regulate

[2:34:19] short-term rentals picked out some cities such as manteca,

[2:34:21] merced, and fresno I have a short-term perfect.

[2:34:25] clovis has operating standards. There are also many cities that

[2:34:28] do not permit them. Up to macula larkspur.

[2:34:35] now it's discussed and cons. One but if it would be the

[2:34:42] increase in transient occupancy tax.

[2:34:44] the city's tot rate is currently 10% of rent charged by the

[2:34:47] operator, the 23 have a 24 fiscal year of the city made

[2:34:54] approximately 1,931,000, $16 in tot for hotels and motels.

[2:35:02] increased the tot to $2,020,484. Theoretically with approximately

[2:35:09] 88 operating illegally in the city ith an average of $184 per

[2:35:14] night rented out approximately 223 days per year, we could

[2:35:18] potentially earn another $361,082 per fiscal year.

[2:35:22] on top of that we would receive approximately $4,716 from the

[2:35:29] business tax revenue. Another potential effect would

[2:35:32] be economic opportunity. If we allow him in downtown it

[2:35:36] can assist in revitalizing the area.

[2:35:38] there are many older homes in the area.

[2:35:41] we predict allowing short-term rentals may encourage property

[2:35:43] owners to invest n those older neighborhoods closer to downtown

[2:35:46] to use the most short-term rentals.

[2:35:48] this would in turn create a tourist top of the downtown area

[2:35:53] along with the added offense that already take place there.

[2:35:56] tourism also supports the local businesses because many

[2:35:59] short-term mentors and vacationers will be spending

[2:36:01] money at local shops and restaurants again generating

[2:36:05] revenue. Short-term rentals allow for a

[2:36:10] more diverse lodging options. We have multiple construction

[2:36:13] projects that bring hundreds of workers.

[2:36:16] they along with other tourists and travelers can benefit from a

[2:36:19] diversity of lodging options especially with needing a longer

[2:36:22] stay, this could benefit them. There are some potential

[2:36:28] negative effects. When negative effect it would

[2:36:31] have is on her housing supply. It may decrease long-term rental

[2:36:36] and home buying opportunities. Can also become a nuisance in

[2:36:39] neighborhoods. Excessive noise if there is an

[2:36:41] unruly group of guests. Also an increase in vehicles and

[2:36:45] vehicle trips. Many of cases I mentioned

[2:36:49] earlier were initiated due to complaints of excessive cars in

[2:36:52] a residential neighborhood. Staff has provided the following

[2:36:58] options the council could move forward on but please keep in

[2:37:00] mind these are not the only options.

[2:37:05] option one to be clearly and firmly not permit them in the

[2:37:07] city. The city could amend title ten

[2:37:10] of the tracy municipal code to add a line in the definition of

[2:37:12] boarding and grooming houses to state that does not include

[2:37:16] short-term rentals. This would get rid of ambiguity.

[2:37:19] city council could also choose to clarify the definition of

[2:37:22] boarding and grooming houses but it must be rented longer than 30

[2:37:26] days. Option 2 would be to permit and

[2:37:34] conditionally permit short-term rentals in certain zones.

[2:37:36] this could entail a new use group or adding to an existing

[2:37:39] use group. Some zones to allow for

[2:37:42] conditional use permit could be residential, state, low density

[2:37:47] residential and medium density residential pick of the city

[2:37:50] could allow by wright and central business to district or

[2:37:54] in general highway commercial zone.

[2:37:57] option 3 would be to create a zoning overlay for short-term

[2:38:01] rentals. Overlay zone is an additional

[2:38:04] layer of zoning -- sorry, additional specialized layer of

[2:38:10] zoning rules apply to specific geographic area that it already

[2:38:13] has a base zoning district. Some examples for the overlay

[2:38:17] could be downtown area or around legacy fields.

[2:38:23] option 4 would be to create a new ordinance for short-term

[2:38:27] rentals that would include regulations for operations.

[2:38:29] we could include a specific short-term rental apartment much

[2:38:32] like other cities I mentioned in a previous slight prickle some

[2:38:35] examples of regular agents could include maximum occupancy

[2:38:38] limits, place a cap on the number of short-term rentals in

[2:38:41] the city and can't host or hold events on short-term rental

[2:38:45] properties. Continue with option 4 we could

[2:38:48] include other restrictions such as lube short-term rentals

[2:38:51] within a certain distance from one another, limit the number of

[2:38:55] rooms available to rent, or acquire primary residence to

[2:38:57] maintain the housing market -- meaning t can't be a second

[2:39:02] home or an investment home. Limit the number of vehicles per

[2:39:05] visitor, limit the number of permits citywide, and mandate a

[2:39:09] local contact in the area during the stay.

[2:39:13] to summarize there is no clear definition in the tracy

[2:39:16] municipal code to. We could earn tot but we could

[2:39:20] potentially lose housing stock. Some options are not to remit in

[2:39:23] the city, permit or conditionally permit, create an

[2:39:26] overlay, or created new ordinance with the option to

[2:39:28] create a new permit. At this point we can look to

[2:39:32] turn it over to the city council to discuss the options provided

[2:39:35] to direct the staff for a path forward and short-term rentals.

[2:39:40] >> the chair: I have a quick question regarding slide 17

[2:39:45] about requiring the primary residence to maintain the

[2:39:46] housing market. Could you provide more detail

[2:39:49] and with that framework would look like?

[2:39:53] speaker when I mentioned early, this would be an example of

[2:39:58] that. We would require somebody to

[2:39:59] permanently live in the ouse. >> other cities also for

[2:40:08] instance if you have people who are retired and travel a lot, as

[2:40:11] their primary residence that would have certain requirements

[2:40:13] they be at the home a minimum of 180 days out of the gear and if

[2:40:18] they are traveling they could do it otherwise but ultimately just

[2:40:21] to make sure it's not a second home so people are just buying

[2:40:25] investment homes and renting them out for purposes of a

[2:40:28] short-term rental two usually what they will say is primary

[2:40:33] residence with a minimum occupancy of so many nights per

[2:40:34] year so he could make that determination.

[2:40:37] >> the chair: okay. Are there restrictions, are

[2:40:42] their abilities to restrict on who could enter the market?

[2:40:47] for example are there ways to permissibly allow small local

[2:40:52] folks from doing it to prevent out-of-state corporations from

[2:40:54] doing it et cetera, or no? >> if your question is if a

[2:41:02] company purchased the home, we can look into that vehicle I

[2:41:05] imagine that's something -- again the company would have to

[2:41:07] live there if you put a certain limit, make a primary residence,

[2:41:15] even though a corporation is a "person" I don't think you could

[2:41:19] technically say they're living there.

[2:41:21] there ways to preclude corporations buying homes if you

[2:41:24] do have some type of host requirement as christina was

[2:41:28] saying among other things. There's ways we could look into

[2:41:31] that crypto I know a lot of cities have tried to do that

[2:41:35] especially because of housing crunch in the states they don't

[2:41:37] want these homes to be investment properties, if you

[2:41:41] will. >> the chair: understood.

[2:41:43] with regard to the 88 that are operating illegally currently,

[2:41:47] are they geographically distributed in certain areas,

[2:41:49] what does that look like? >> they are throughout the city.

[2:41:52] we met with air dna which is an analytical company who

[2:41:58] specializes in the short-term rentals.

[2:41:59] from what they provided it was scattered throughout the area

[2:42:03] and there are more outside of the city limits of tracy but

[2:42:05] they would not give us more information as to where exactly.

[2:42:10] >> the chair: do you have any preliminary questions?

[2:42:20] councilmember nygard. >> this is for less than 30 day

[2:42:23] rental? >> correct.

[2:42:25] >> just kind of curious. You talk about construction

[2:42:28] workers or other professionals that come in for job

[2:42:31] opportunities here or job transfers, what if it takes 90

[2:42:37] days or whatever? Or even longer?

[2:42:47] we are only looking at those that are 30 days or less?

[2:42:51] speak of the definition of a short-term rental is less than

[2:42:54] 30 days if it's at 30 days or more you get certain rights as a

[2:42:57] tenant you wouldn't get otherwise pickle for these

[2:42:59] purposes the short-term rentals are considered less than 30

[2:43:02] days, otherwise the individual staying there starts to get

[2:43:04] certain rights and it has led to issues on evictions and

[2:43:08] everything else there to what they can do is either moved from

[2:43:11] property to property or reup so long as it's a new term they are

[2:43:16] doing and they are not -- it's not consistent that makes sense.

[2:43:26] >> the chair: any additional preliminary questions.

[2:43:28] with that we will go out for public comment, what any members

[2:43:32] of the public like to speak on item six.b.

[2:43:38] signa and tempest we have any online?

[2:43:44] will closely comment for item 6.b.

[2:43:53] four options looking to put some type of's consensus.

[2:43:55] would like o start. >> I like option four.

[2:44:01] I think looking at it as a potential another revenue source

[2:44:07] but I like some of the different things you have put in there

[2:44:10] with possible restrictions. I would like to have something

[2:44:13] come back a little more details regarding option 4 and how we

[2:44:18] could put that into ordinance and move forward.

[2:44:25] >> the chair chair: councilmember evans.

[2:44:29] >> being a rental property owner myself I've never had short-term

[2:44:32] properties but it had long-term properties and have developed an

[2:44:35] opinion set on this and I've had one in close proximity to my

[2:44:41] home. Mostly it's managed responsibly

[2:44:42] and I think these are a net benefit in most cases for

[2:44:46] communities. But they do have their problems

[2:44:49] that I have seen it firsthand. In reviewing these, I agree,

[2:44:54] option 4 was the one that made the most sense to me but I would

[2:44:58] alter it or recommend alterations, read to get through

[2:45:00] quickly -- adopt the new ordinance that would allow and

[2:45:03] regulate short-term rentals, this could include creating a

[2:45:06] new permit type -- yes I agree on the ermit.

[2:45:11] probably annual permits? This option should include

[2:45:14] choosing zones? I could be talked out of this

[2:45:16] but I'm not sure we need a zoning layer for this or not to.

[2:45:20] I guess I would like to hear staff's opinion on why

[2:45:23] potentially a new zoning layer would be necessary or

[2:45:28] advantageous. You can hold that to the end I

[2:45:30] would be happy to hear your opinion on it.

[2:45:34] however instead of the conditional use permit

[2:45:37] potentially a short-term permit -- agree, mickey daniel,

[2:45:42] something like that. Conditional use permits require

[2:45:45] a planning commission or approval I would not see this as

[2:45:48] something it would be a good use for planning commission

[2:45:52] personally pickle long-term rental properties don't go to

[2:45:54] planning commission so I wouldn't think that a short-term

[2:45:59] rental -- again, I could be talked out of that position but

[2:46:01] it didn't seem like a good use for planning commission.

[2:46:07] permit for short-term rentals could streamline the process by

[2:46:10] providing simple standards to follow and permitting authority,

[2:46:14] likely community and economic development director which I

[2:46:17] thought was interesting. I'm not sure that makes sense on

[2:46:19] who would be issuing the permit but I think I'll leave that to

[2:46:23] staff decide on that. This goes on to say this is

[2:46:28] similar to what other cities have done grading ordinance that

[2:46:32] provides egulations and ensures short-term rentals will not

[2:46:35] become a nuisance to surrounding areas.

[2:46:37] I would dd to it that I would expect robust language to be

[2:46:42] included in the permits and strong educational policy for

[2:46:47] the landlords to understand hat our ordinances are, noise

[2:46:51] ordinance, et cetera. We have strict language around

[2:46:54] noise and things. I would recommend those

[2:46:58] alterations or adjustments to option 4, but also you listed

[2:47:05] some potential restrictions -- limit short-term rentals with a

[2:47:10] certain distance of one another -- I think that would be

[2:47:12] good and that may help ensure the market doesn't get saturated

[2:47:16] with too many of these. I would love to staff some

[2:47:22] recommendations there but I like that idea.

[2:47:25] it also says we could potentially limit the number of

[2:47:26] rooms in short-term rental -- it in a short-term rental available

[2:47:33] to rent. I think that idea has some merit

[2:47:37] I would be curious to hear about that.

[2:47:39] require primary residence or hosting short-term rentals

[2:47:42] maintain housing arkets. I guess I would say if you are

[2:47:54] saying -- requiring primary residence, that I think in

[2:47:58] essence is saying require owners to have a presence in tracy,

[2:48:01] right? Is that what I'm reading?

[2:48:02] I would agree, that may lend to what -- the concerns voiced

[2:48:10] earlier large conglomerates buying from out of state or even

[2:48:14] out of country and managing mass numbers of properties here, I

[2:48:16] wouldn't want to see that hap happen.

[2:48:21] I think that would be advantageous in limit number of

[2:48:22] vehicles per visitor -- I've seen that issue a couple of

[2:48:26] times where we have lots of random vehicles that show up and

[2:48:28] come and go. Limit the number of permits

[2:48:35] citywide, I would favor that as well.

[2:48:39] mandate local contact in the area for sure I agree with that.

[2:48:42] that's where I stand on those ideas, I would support this but

[2:48:47] I would like to see 4 come back with some of the alterations

[2:48:49] that I recommended and some additional recommendations from

[2:48:54] staff and I wanted to hear your thoughts on a couple things that

[2:48:57] I mentioned, primarily -- which one was at?

[2:49:08] zoning, potential to have a zoning layer.

[2:49:12] >> to your question a lot of times those zones you might

[2:49:16] exclude for example high them at high density rentals, people

[2:49:25] renting an apartment they apply, the next think you know the

[2:49:28] property owner is calling us, why did you do this?

[2:49:31] there are certain restrictions in terms of zoning we can look

[2:49:35] at other times, certain cities have said for whatever

[2:49:38] neighborhood we just don't want it to the neighborhood

[2:49:41] association or hoa has said we don't want it so we respect that

[2:49:44] as well. Those will be some restrictions

[2:49:46] if you will. I think every city is different

[2:49:49] and I trust our planning department to look through and

[2:49:51] recommend to you wall but I just wanted to give you some examples

[2:49:55] as to why there ight be certain restrictions one way or the

[2:49:58] other. >> I would presume hoas and

[2:50:02] aartment complex rules or condominium complex rules would

[2:50:07] govern if there was an issue there, correct?

[2:50:11] >> we can't enforce those rules but if you're asking why for

[2:50:15] instance we would say we one to allow a hdr mostly because those

[2:50:22] are renters and they would not be allowed to do that otherwise.

[2:50:26] you were just asking for certain zoning restrictions, that could

[2:50:30] be it. Otherwise it could be an area

[2:50:32] ultimately the city for whatever reason wants to encourage

[2:50:37] natural growth and doesn't want to do that.

[2:50:40] fr instance as christina was saying limited to downtowns, get

[2:50:44] more people there. Those are examples of it, that

[2:50:46] you can visualize, that's all. >> the chair: thank you

[2:50:55] councilmember. Councilmember nygard.

[2:50:58] >> I also support option 4 and I like the recommendations that

[2:51:02] councilmember evans has put forward.

[2:51:06] I would like to see that kind of information come back.

[2:51:13] >> the chair: councilmember bedolla.

[2:51:14] >> I'm good with option 4. >> the chair: as per my

[2:51:17] comments initially I was concerned with ramifications of

[2:51:21] the housing market that I to mike and I was leaning towards

[2:51:24] not permitting however, given what staff has provided come I

[2:51:27] think I'm open to it. The question I have is if we

[2:51:33] determine that this becomes more problematic in the future, is

[2:51:37] there a particular trigger, will there be an ability to easily

[2:51:42] pipit should we identify if it doesn't work for our community?

[2:51:49] >> that gets more complicated in the sense that someone has a

[2:51:52] vested right at that point in time.

[2:51:54] you to have an annual with dual process, you will.

[2:51:59] generally speaking if they've met all the requirements, you

[2:52:01] can't do that. That's why it's good to be

[2:52:03] proactive at the beginning and try to take your time and

[2:52:06] envision what those problems could be which I think staff

[2:52:09] that a great job of talking about the restrictions you can

[2:52:12] put into place. I would advise it's uch better

[2:52:16] to be really restrictive at first and then peel off a

[2:52:19] certain restrictions than being a bit more open and then to take

[2:52:23] that away from people. That's when you get someone to

[2:52:26] say I'm suffering because of these other people versus if you

[2:52:30] restrict it and allow some certain circumstances with the

[2:52:34] limits, it's much easier that way instead of a more

[2:52:36] free-for-all approach. >> the chair: with that I'll

[2:52:39] be supporting option 4. I definitely want to highlight

[2:52:42] the distance between one another.

[2:52:44] I think for example we want to develop our downtown, we want to

[2:52:47] encourage people to live downtown, have it be a walkable

[2:52:51] downtown and I would hate for it to be only short-term rentals.

[2:52:54] want to make sure people are living their part of the

[2:52:57] community and providing opportunity come I think it will

[2:52:59] be important. Did you have a comment?

[2:53:02] >> we would actually look at that.

[2:53:03] the other thing is throughout the central valley -- or full

[2:53:09] disclosure I worked on this ordinance in manteca which is

[2:53:14] why you should be popping up a lot tonight.

[2:53:17] they realized a lot of people were buying homes on the same

[2:53:19] block in same cul-de-sac and if there would be a big wedding

[2:53:22] they would rent out all four homes at the same time and it

[2:53:25] would be party central which is why you can put certain distance

[2:53:30] requirements in there to make it first come serve but you don't

[2:53:34] have an entire block, and tyler street, and tar cul-de-sac of

[2:53:39] short-term rental units. >> the chair: that would be by

[2:53:42] request. Secondly as I brought up before

[2:53:44] if we put in particular restrictions to prohibit these

[2:53:48] big conglomerate corporations from taking over, I really

[2:53:51] support our local folks having investments, that's fine.

[2:53:55] but I would not be in support of having huge corporations come in

[2:53:58] and take over our city. Those would be my requests.

[2:54:07] build consensus around option 4. Does staff need any additional

[2:54:11] direction? >> one thing that would be good

[2:54:18] just to confirm with counsel is your stance on hosted versus

[2:54:21] unhosted I think I heard comments tonight that seem to

[2:54:24] indicate there was support for acquiring hosted but I want to

[2:54:27] make sure everyone understands what that means and just to be

[2:54:30] clear it would mean someone can only have a short-term rental

[2:54:34] such as airbnb if they're going to be present in the house.

[2:54:38] if any of you have ever rented airbnb -- for me personally when

[2:54:41] I've stayed at those my house was empty my whole family

[2:54:44] occupied it. I want to make sure you know in

[2:54:47] the 88 examples that we probably have roughly in the city, I'm

[2:54:49] guessing but I think most of them probably are where you are

[2:54:52] not there and they are renting the whole house.

[2:54:55] just so we want to make sure we are aware if we are seeing yes

[2:54:58] to this come I want to make sure you understand that piece of it.

[2:55:00] and we are clear on your direction.

[2:55:05] >> the chair: I concur, that was not my intent.

[2:55:08] >> yet, none hosted to. >> the chair: we have

[2:55:10] consensus on that. Do you need a motion?

[2:55:23] >> motion to proceed with optiof the ones that were highlighted

[2:55:29] by counsel. >> first and

[2:55:32] >> mayor pro-tem abercrombie. Second, will call please.

[2:55:33] >> yes. >> councilmember evans.

[2:55:34] >> yes. >> councilmember bedolla.

[2:55:35] >> yes. >> councilmember nygard.

[2:55:37] >> yes. >> and mayor arriola.

[2:55:39] >> yes. >> the chair: thank you steph

[2:55:44] we look forward to additional work on this.

[2:55:47] with regards to item six-point see that was killed by motion

[2:55:52] earlier tonight, will not be looking at that item.

[2:55:54] that brings us to item 6.d related to a merit increase for

[2:56:00] city attorney. Staff, please.

[2:56:08] >> good evening mayor and council, kimberly murdaugh your

[2:56:10] human resources director and the item before you tonight is a

[2:56:13] reflection of direction that counsel has provided for the

[2:56:20] amendment to an at will employment agreement to city

[2:56:25] attorney -- he was appointed by city council on july 14th 2025.

[2:56:32] annually the contract allows for the city council to conduct a

[2:56:37] performance evaluation which was completed on june 23rd 2026.

[2:56:44] because he received a satisfactory performance

[2:56:47] evaluation, counsel discussed with egotiators at amendment to

[2:56:53] mr. Nefouse's employment agreement to reflect a merit

[2:56:58] increase which was determined by counsel to be 5%.

[2:57:02] the item before you tonight is simply an amendment to his

[2:57:06] contract to reflect modification of subsection a to my base

[2:57:12] salary of section three from compensation benefits to

[2:57:14] increase his base salary from $12,163.21 to $12,771.37

[2:57:27] biweekly. In addition this item would

[2:57:29] amend the master salary schedule to reflect the increase for

[2:57:33] mr. Nefouse effective july 122026.

[2:57:36] that concludes my report I'm happy to answer any questions.

[2:57:38] >> the chair: do we have any preliminary questions?

[2:57:42] do we have any members of the public would like to speak on

[2:57:46] item 6.d. Singh none on chambers, do we

[2:57:48] have any online? >> no hands on line.

[2:57:52] >> the chair: close-up public comment for item 6.d.

[2:57:56] ive told you privately I will say public I think you've done

[2:57:58] an excellent job we've changed the culture of this organization

[2:58:01] we could have not done it without your assistance I think

[2:58:04] the merit increases well-deserved, keep up the good

[2:58:07] work. Anything additional?

[2:58:11] >> I echo the mayor's sentiments and I would make a motion to

[2:58:14] adopt a resolution 1 amending at will employment agreement

[2:58:20] between david nefouse and city of tracy effective july 122026

[2:58:24] reflect a merit increase of 5% for a biweekly increase from

[2:58:32] $12,163.21 to $12,771.37 and 2 amended the master salary

[2:58:38] schedule to reflect the salary increase for the city attorney

[2:58:41] effective july 122026. >> second.

[2:58:45] >> the chair: we have first and second.

[2:58:46] roll call please. >> mayor pro-tem abercrombie.

[2:58:47] >> yes. >> councilmember evans.

[2:58:49] >> yes. >> councilmember bedolla.

[2:58:50] >> yes. >> councilmember nygard.

[2:58:52] >> yes. >> and mayor arriola.

[2:58:53] >> yes. >> the chair: congratulations,

[2:59:01] mr. Nefouse. That brings us to items from the

[2:59:02] audience would any members of the public like to speak on an

[2:59:04] item that is not n tonight's agenda?

[2:59:07] singh on a chambers to we any online?

[2:59:12] >> no hands online. >> the chair: I will close out

[2:59:13] items from the audience and that brings us to staff items.

[2:59:22] >> I have a few brief announcements before we go on

[2:59:27] summer recess. This is the final city council

[2:59:29] meeting before the summer recess, council meetings will

[2:59:32] resume on tuesday august 18th. We look forward to seeing

[2:59:35] everyone then, have a wonderful rest of your summer.

[2:59:40] join us on friday july 10th from 6:00 to 9:00 for the downtown

[2:59:45] block party at front street plaza, enjoy a free evening of

[2:59:49] live music, featuring the rn to be been patently fair dumb

[2:59:58] academic along with food and friendly fun, there will be a fe

[3:00:04] event at the boyd service center, residents nd local

[3:00:07] business can safely recycle unwanted electronic devices,

[3:00:11] free document shredding will be happening saturday july 18th

[3:00:15] from 8:00 a.m. To 12:00 p.m. In the north city hall, residents

[3:00:21] can trade up to three banker boxes of confidential documents

[3:00:25] for more information please visit recycle inside a

[3:00:28] triangle.com. Join us for movies in the plaza

[3:00:34] at civic center plaza the featured film is "spongebob: the

[3:00:39] movie." bring your long chairs and

[3:00:42] blankets and enjoy a free movie night under the stars the movie

[3:00:46] begins at 7:30:00 p.m. Jin us, join the tracy police

[3:00:50] department on tuesday august 4th for a national night out a

[3:00:53] citywide celebration at briggs neighbors, law enforcement, and

[3:00:57] community partners together to promote crime prevention and to

[3:01:00] strengthen our community to go visit our website for more

[3:01:05] information, that finishes staff announcements.

[3:01:07] >> the chair: that brings us to council items.

[3:01:10] any on the side? Councilmember bedolla.

[3:01:15] >> wanted to make a brief comment.

[3:01:18] june 26th of this year there was a sad loss of life in front of

[3:01:21] the target department store. This family grieving that loss

[3:01:28] of life, another family grieving the other part -- I think for

[3:01:31] one more day there is a fund-raiser for the family who's

[3:01:35] trying to raise some funds for end-of-life costs.

[3:01:37] if you would like to support they are located at 647 palm

[3:01:43] circle here in tracy from 11:30:00 a.m. To 6:30:00 p.m.

[3:01:48] and this is for mr. Andy who lost his life.

[3:01:51] >> the chair: any on the side? Councilmember evans.

[3:01:56] >> I want to thank he community for some great celebrations a

[3:01:59] lot of patriotism here last weekend.

[3:02:03] I saw the mayor at the flag raising at the southside

[3:02:06] community organization. That had a flag pole there for

[3:02:10] many years and it had never been utilized but they raised an

[3:02:14] american flag over the guadalupe center and it flies proudly they

[3:02:18] are now. It was very cool celebration and

[3:02:20] that was followed by our fourth of july parade.

[3:02:25] the amount of patriotism and community that I saw there, it

[3:02:28] was a lot of fun and I want to thank everybody for all their

[3:02:31] efforts they put into that, celebrating I'm going to try to

[3:02:37] say it; centennial -- I'm proud to be a tracyite and american.

[3:02:45] >> the chair: I would echo that, thank you staff,

[3:02:50] community, downtown association for incredible 250 celebration

[3:02:53] for the fourth of july. It was a great celebration and I

[3:02:57] very much encourage folks to join us for national night out

[3:03:01] and we look forward to a break and seeing everyone at the next

[3:03:04] regular council meeting on august 18th.

[3:03:07] I just wish everyone a happy summer and especially to our

[3:03:10] staff who have worked so diligently throughout the year.

[3:03:14] please enjoy your recess. With that I will take a motion

[3:03:17] to adjourn. Speak a motion to adjourn.

[3:03:20] >> second. >> the chair: first and

[3:03:21] second, will call >> mayor pro-tem abercrombie.

[3:03:22] >> yes. Please.

[3:03:23] >> councilmember evans. >> yes.

[3:03:24] >> councilmember bedolla. >> yes.

[3:03:25] >> councilmember nygard. >> yes.

[3:03:27] >> and mayor arriola. >> yes.

[3:03:33] >> the chair: we are adjourned at 9:50:00 p.m., good night,

[3:03:37] everyone.

Regular Meeting

Agenda

Transcript