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>> all right, good evening. I'm going to call the meeting to

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order at 7:00 p.m. For july 7th, 2026.

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at this time there is no disclosure pursuant to ection

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5495.8.3. Roll call and declaration of

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conflicts, please. [roll call]

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thank you, we have a quorum. >> thank you.

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please stand and joni for the pledge of allegiance.

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>> I pledge allegiance to the flag of the united states of

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america, and to the republic for which it stands, one nation,

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under god, indivisible, with liberty and justice for all.

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>> now please remain standing for our indication from pastor

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scott mcfarland from journey christian church.

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>> father god, as we celebrated our 250 years as a nation, we

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owe you a great debt of gratitude.

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thank you, father, and for the forefathers who had the courage

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to establish this country -- [inaudible]

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thank you for working through all of our leaders,

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first responders, military, and for inspiring us to stand as one

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nation under god, using this nation to encourage freedom

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everywhere. God, we know we are imperfect

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and we fail at times, yet your steady hand continues to lead us

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forward, so we honor you for that and thank you for it as a

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country. Tonight we pray for our city

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leaders, our families, and all that serve this city.

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may you fill this room with your wisdom and peace so we can

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continue to honor the legacy you started 250 years ago.

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we ask this in your holy name. Amen.

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>> thank you, pastor. Please be seated.

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members of the public can participate in tonight's meeting

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remotely t, using the informatin provided on the screen.

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this is also available in writing here at city hall as

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well as on the city website. At this time it takes us to

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presentations and I will turn it over to our police chief.

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>> good evening, everyone. That wasn't very welcoming.

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good evening, everyone. I've got the honor of presenting

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the employee of the month for te month of july.

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it happens to be one of our own. Where is travis?

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that he is. I wanted to make sure he was

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here. It is my privilege, detective

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alexander has been a stellar employee, and I want to share a

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little bit about his background, what makes them so special.

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he was born and raised here in the city of tracy or he's always

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been committed to serving his home town and began well before

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he was a police officer. He attended wanda hirsch elinor

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driscoll and george kelly element to school, williams

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middle school, and graduated from kimball high school class

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of 2013. He later earned his associate's

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degree in criminal justice from san joaquin county college.

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his career with the tracy police department began at the age of

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16 when he joined the police department explorer program back

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in 2011. As an explorer -- I'm sorry, I

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probably hould have introduced koda.

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it's not just him. They are a dynamic deal.

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I on't have koda's bio but I will share a small story about

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her. As an explorer he participated

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in right along's, community events and hands-on training.

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that introduced him to the profession he fell in love with.

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he learned from officers who eventually became his colleagues

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and mentors. After aging out of the program

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in 2016, he returned to the department in 2017 as a

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community services officer, where he gained valuable

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experience writing reports, assisting the public, and

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responding to calls for service. In 2018 we hired him as a police

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officer trainee and he attended the alameda county sheriff's

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office police academy. As a member of the 163rd academy

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class, since becoming a sworn officer he served in a variety

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of assignments to include patrol, our special enforcement

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team, we call it s.e.t., and erourspecial investigations unit

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where he is a detective. Among many assignments he

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considers serving as a detection k-9 handler to be his most

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rewarding to date. He's part of the work alongside

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his yellow lab here and our superstar retriever, k-9 koda,

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and koda is a she. The name is unisex but I made

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the mistake of referring to her as he after an amazing case

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these last few days. I won't get into the details of

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it but koda made a huge find and it was an amazing case.

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so we appreciate all they collectively do.

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in addition to his primary duties, detective alexander

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remains actively involved throughout the department.

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he serves as one one of the jur cadet advisors.

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quick story about that, this past weekend or the weekend

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after last, fourth of july, part of his instruction and

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mentorship along with the other advisors allowed our junior

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cadets to win multiple awards this past explorer competition.

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it's a testament to his commitment having been in their

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shoes, so he gives back. He's also a s.w.a.t. Sniper

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operator, a treasurer for the tracy police k-9 association.

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these roles reflect his commitment to mentorship not

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only to the future officers we have here, that his fellow

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employees and contributing both on the street and internally.

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outside of work he enjoys fishing, hiking, mountain b

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mountain biking, and spending time with his wife, amy, I

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didn't want to not acknowledge her, and the three dogs, scout,

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plato, and of course koda, who has been adopted into the family

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as a little sister. Travis is also passionate

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supporting the northern california special olympics, a

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cause he he is especially fond of because of his mother,

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sharon, who helped establish a new special olympics branch in

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pleasanton. She inspired his dedication to

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these incredible athletes and he gives back serving the

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organization. He encourages everyone who is

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able to support special olympics through donations or volunteer

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service. Every contribution helps to

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provide life-changing opportunities for athletes to

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compete, build confidence, and experience the power of

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inclusion. I know that was long but I want

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to give a round of applause to captain alexander.

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come on up. I will say this in closing, our

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city manager couldn't be here but she called me before she

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left and expressed appreciation for the conversation as she was

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extremely moved by how committed you are.

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thank you very much. A little shy today.

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thank you. >> his sister is in the

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audience. >> hi.

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and his sister is in the audience.

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>> we have a few more proclamations.

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I will ask council to join me. >> congratulations again,

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detective. We have a few certificates to

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recognize our military enlistments so I'm going to ask

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them to come up. They can say a word if they'd

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like and we will do a group photo at the end.

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with that, our first person is carina barrios godinez.

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on behalf of the city of tracy, we have a certificate of

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recognition on the occasion of your enlistment in the

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united states air force. Next up we have miguel calderon.

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we have a certificate of recognition presented to miguel

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calderon on the occasion of your enlistment in the united states

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air force. Next, martin adam soriano.

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we have a certificate of recognition presented to martin

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adam soriano on the occasion of your enlistment in the

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united states air force. Next up, chastity lott.

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juan florez. Alisalecia perez.

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we have a certificate of recognition presented to alecia

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perez on the occasion of your enlistment in the united states

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army. Let's grab a photo for everyb

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everybody. All right, another round of

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applause for all our military enlistments.

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[applause] next up we have a certificate

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appointmofappointment and I wouo invite r. Powell.

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we have a certificate of appointment to certify that

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dr. Powell was appointed to the parks and community services

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commission for a term commencing june 23rd, 2026, and expiring on

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january 31st, 2028. Congratulations, commissioner.

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>> good evening, everyone. First, let me just say happy

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parks and rec month! Is an honor to be appointed in

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this capacity. I look forward to serving our

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community as they continue to do the great work that they are

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doing and as we work to continue to ensure that the residents of

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tracy are well. Thank you so much.

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>> another round of applause for the commissioner.

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and last but not least, we have a proclamation for parks and

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recreation month, so I would like to invite commissioner todd

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leleeberg and whoever else would like to join, as well.

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come on up. Don't be shy.

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come on up! As you can see we have a big

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parks and recreation team in the city and they are going to

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recognize july 2026 as parks and recreation month.

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the city of tracy parks and recreation and community

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services department is fundamental to our city's

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identity, quality of life through innovative programming,

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beautiful open spaces, and exceptional community services

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for all ages and abilities. Whereas tracy's localized parks

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and open green spaces serve as vital community acres providing

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safe welcoming environments that foster social connection, active

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outdoor play, and mental well-being for families and

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neighbors. With our city's diverse

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recreation programs they offer creative community experiences,

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enriching activities, our adult softball league, all of which

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promote healthy lifestyles and bring a sense of fun and

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vitality to tracy. The public swimming pool, open

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green spaces, and recreational facilities ensure had

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opportunity to exercise, relaxation, and play, and

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whereas they provide a crucial location ensuring residents have

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an essential space to beat the heat, exercise, nd gather.

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and whereas the department demonstrates an unwavering

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commitment to community care through specialized spaces and

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target initiatives including invaluable services at the

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senior center as well as dedicated youth and teen

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opportunities. And whereas our local park

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system provides urban green spaces to support conservation,

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foster civic pride, and build a more sustainable and resilient

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environment for future generations.

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whereas the national recreation of parks association and the

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u.s. House of representatives recognize july as national parks

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and recreation month, highlighting the transformer the

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power of local parks and dedicated recreation staff and

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building strong communities. Therefore be it resolved that

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I'd, dan arriola, mayor of the city of tracy, on behalf of the

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city council, to proclaim july 2026 as parks and

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recreation month in tracy and urge our volunteers and

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residents to make a positive difference in our community.

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thank you. >> thank you, mr. Mayor, council

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members. On behalf of the parks and

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community services commission I am proud to accept this

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proclamation. Parks make lives better.

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that is something we see every day in the city of tracy.

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parks are what make tracy special, it's where you take

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your children for the first swing of the bat, the first pick

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of the ball. When they are on the playground

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where families gather or neighbors celebrate together,

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residents of all races, ages, genders come together for

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active, healthy, connected lifestyles.

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our parks, our trails, our sports fields, recreation

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programs, community events, they all contribute to what makes

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tracy special. I would like to recognize first

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our city of tracy staff. They really do a great job for

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the parks, so thank them for all the amenities that you guys

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enjoy, but also the staff, the volunteers, the young employees

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here that are actively engaging with the youth to make this a

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special place. I want to embarrass two of them

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specifically, breanna and gillian, who are former tracy

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high water polo players. I had the privilege of coaching

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them. I just wanted to embarrass them

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and call them out. As we celebrate parks and

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recreation month, I encourage everyone to get outside to

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explore our parks, participate in a program, register for a

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class, swim in the pool. In a few years you will have the

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opportunity to swim in our brand-new aquatic center.

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I could not go without saying that.

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thank you. Thank you for the proclamation.

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I appreciate it. >> lets come onto the side.

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[inaudible] >> can we kneel?

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>> ready? One, two, three.

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>> another round of applause. [applause]

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>> all right. We will allow a minute for folks

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to exit from the presentations. All right, thank you.

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my understanding is that the mayor pro tem had a motion.

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>> yes, please. I previously requested this item

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but I would like to make a motion to object to the

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consideration of 6c and have it killed and not move forward at

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all. >> to suspend the rules of

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naming of individual sports fields at the ballpark, at tracy

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pioneer sports park? And then can you clarify any

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procedural issues? >> yes, this is subject to the

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rosenberg rules this counsel abcouncilabides by.

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it is not a debate motion and it does require four fifths

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approval tonight to do that. It would take the item off the

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agenda for this evening. >> can you clarify, if the

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motion fails, what happens? >> it would go as regularly

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scheduled. >> understood.

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the mayor pro tem has made a motion.

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you have a second? >> second.

243
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>> we have a priest and a second.

244
00:35:34,821 --> 00:35:38,230
and that would be to kill the motion from the agenda.

245
00:35:38,230 --> 00:35:42,223
roll call, please. >> mayor pro tem abercrombie?

246
00:35:43,861 --> 00:35:45,861
>> yes. >> councilmember evans?

247
00:35:46,497 --> 00:35:48,100
>> yes. >> councilmember bedolla?

248
00:35:48,100 --> 00:35:50,500
>> yes. >> council member nygard?

249
00:35:52,303 --> 00:35:54,303
>> yes. Mayor arriola?

250
00:35:54,439 --> 00:35:56,441
>> yes. With that, the item dies and we

251
00:35:56,441 --> 00:35:58,843
will not consider any change to that process.

252
00:35:58,843 --> 00:36:03,381
so the process will continue normally for the naming process.

253
00:36:03,381 --> 00:36:07,190
>> consistent with council direction with the last meeting

254
00:36:07,190 --> 00:36:10,856
that addressed that item, yes. >> thank you, mayor pro tem.

255
00:36:10,856 --> 00:36:14,859
that brings us to the consent calendar.

256
00:36:14,859 --> 00:36:19,630
are there any members of the council who would like to pull

257
00:36:19,630 --> 00:36:21,533
any consent items? >> yes, mary.

258
00:36:21,533 --> 00:36:26,333
I have been requested to pull item 3w.

259
00:36:27,339 --> 00:36:32,139
>> mayor, I request to pull 3l. >> all right.

260
00:36:36,313 --> 00:36:43,513
a lot of items on his agenda. The second reading for oversized

261
00:36:45,223 --> 00:36:50,428
vehicles, and 3l was related to the transit station's emergency

262
00:36:50,428 --> 00:36:54,280
backup generator. Anything on the side?

263
00:36:55,330 --> 00:36:58,102
did staff have any items to pull?

264
00:36:58,102 --> 00:37:01,673
>> no items to pull. >> did any members of the public

265
00:37:01,673 --> 00:37:05,677
want to pull an item? I understand there is a request

266
00:37:05,677 --> 00:37:09,277
for item 3b? Is that correct?

267
00:37:15,453 --> 00:37:19,800
was their speaker cards for a certain item?

268
00:37:19,800 --> 00:37:26,140
3b will be pulled. Other than 3b, l, and w, are

269
00:37:26,140 --> 00:37:30,340
there any items to be pulled? 3c.

270
00:37:34,314 --> 00:37:40,870
3b was regarding maps for the tracy hills commerce center.

271
00:37:40,870 --> 00:37:46,870
3c was related to the rocking horse development project, an

272
00:37:47,270 --> 00:37:51,827
and 3q... Was related to the execution of

273
00:37:56,837 --> 00:38:00,437
a fee credit reconciliation. Bclq, w.

274
00:38:05,379 --> 00:38:10,179
where there any other items to be pulled?

275
00:38:10,918 --> 00:38:12,520
we can go through them individually.

276
00:38:12,520 --> 00:38:16,923
so those items will all be pulled, and other than that, I

277
00:38:16,923 --> 00:38:21,123
will entertain -- is there anyone online?

278
00:38:21,862 --> 00:38:25,900
>> no, no hands on line. >> with that, I will entertain a

279
00:38:25,900 --> 00:38:27,935
motion. >> I make a motion to approve

280
00:38:27,935 --> 00:38:34,535
the consent calendar minus items b, c, l, q, and w.

281
00:38:35,760 --> 00:38:37,477
>> second. >> we have a first and second.

282
00:38:37,477 --> 00:38:40,477
roll call, please. [roll call]

283
00:38:48,422 --> 00:38:51,625
>> all right, we'll start with item 3b related to the final map

284
00:38:51,625 --> 00:38:55,225
for the tracy hills commerce center.

285
00:38:59,166 --> 00:39:02,570
>> good evening, council. I am al gali, associate

286
00:39:02,570 --> 00:39:07,370
engineer. This couns council item is for m

287
00:39:09,910 --> 00:39:12,646
south of the canal. The developer is ridgeline

288
00:39:12,646 --> 00:39:15,116
property group. Its development is within the

289
00:39:15,116 --> 00:39:17,818
tracy hills specific plan and it's called the tracy hills

290
00:39:17,818 --> 00:39:20,321
commerce center. The purpose of this counsel item

291
00:39:20,321 --> 00:39:26,761
is the approval of a subdivision agreement and the final map for

292
00:39:26,761 --> 00:39:29,463
tract 4113. This would guarantee the

293
00:39:29,463 --> 00:39:34,100
construction of required public improvements such as a widened

294
00:39:34,100 --> 00:39:38,139
road and public street. This will create lots of record

295
00:39:38,139 --> 00:39:40,808
for industrial lease and sale. This concludes my summary f the

296
00:39:40,808 --> 00:39:44,478
project and I am available to answer any questions.

297
00:39:44,478 --> 00:39:46,880
>> thank you. I will go to council for

298
00:39:46,880 --> 00:39:51,800
preliminary questions. Is there any from council?

299
00:39:54,755 --> 00:39:58,355
mayor pro tem? >> can you please

300
00:40:01,294 --> 00:40:04,431
explain -- there was a process for objecting to this project, I

301
00:40:04,431 --> 00:40:08,235
believe that time has expired. What would be the ramification

302
00:40:08,235 --> 00:40:13,127
should we try to halt this at this time?

303
00:40:13,127 --> 00:40:17,732
>> when the project is approved by city council and is no more

304
00:40:17,732 --> 00:40:21,469
discretionary, as this project was on july 1st, 2025, the ime

305
00:40:21,469 --> 00:40:24,839
period to challenge it is based on whether or not a notice of

306
00:40:24,839 --> 00:40:26,874
decision is filed. In this case, it was.

307
00:40:26,874 --> 00:40:32,313
so you would have 30 days from that, and therefore the

308
00:40:32,313 --> 00:40:33,948
expiration to make a challenge vis-a-vis this project would

309
00:40:33,948 --> 00:40:37,685
have been august 2025. If there was no notice of

310
00:40:37,685 --> 00:40:43,850
decision filed, it would have been 180 days statute of

311
00:40:43,658 --> 00:40:46,160
limitations period, but that would have also expired, as

312
00:40:46,160 --> 00:40:50,765
well, since it has been a year since the project approval.

313
00:40:50,765 --> 00:40:56,170
so at this point, unless there is any significant changes to

314
00:40:56,170 --> 00:41:01,442
the project -- for instance, if the applicant was coming to make

315
00:41:01,442 --> 00:41:05,112
expansions go beyond any other conditions of approval, that

316
00:41:05,112 --> 00:41:08,316
would open it up for discretionary review by the

317
00:41:08,316 --> 00:41:13,921
council, the deadline to file a challenge has since expired.

318
00:41:13,921 --> 00:41:17,658
>> thank you very much. Any additional preliminary

319
00:41:17,658 --> 00:41:19,600
questions from council? Seeing none seeing --

320
00:41:19,600 --> 00:41:23,860
>> I'll make a comment. I have no questions.

321
00:41:26,467 --> 00:41:29,470
>> with that, we will go out for public comment.

322
00:41:29,470 --> 00:41:33,670
are there any speaker cards? >> yes, mayor.

323
00:41:33,875 --> 00:41:37,478
I have two speaker cards. >> we will start with those,

324
00:41:37,478 --> 00:41:41,780
please. >> the first speaker is david

325
00:41:42,883 --> 00:41:47,540
correa. >> sorry, before we begin, can I

326
00:41:47,540 --> 00:41:53,940
please see hands raised for who would like to speak on this it

327
00:41:53,940 --> 00:41:55,629
item? I am seeing three, so that means

328
00:41:55,629 --> 00:42:00,234
each speaker will get 4 minutes. You can begin.

329
00:42:00,234 --> 00:42:06,234
the microphone is right there in front of you, apologies.

330
00:42:07,107 --> 00:42:08,175
>> good evening, mayor, city council.

331
00:42:08,175 --> 00:42:13,115
my name is david correa and I am a proud sheet metal worker.

332
00:42:13,115 --> 00:42:16,384
I am born and raised here in tracy and I am here tonight

333
00:42:16,384 --> 00:42:20,654
because I continue to support the tracy hills project and the

334
00:42:20,654 --> 00:42:23,690
opportunities it represents for our community.

335
00:42:23,690 --> 00:42:27,727
responsible growth creates good local jobs, strengthens our

336
00:42:27,727 --> 00:42:30,331
economy, and expands our tax base while providing the

337
00:42:30,331 --> 00:42:34,335
services and businesses are residents rely on.

338
00:42:34,335 --> 00:42:38,806
I proudly support this project moving to the next step and

339
00:42:38,806 --> 00:42:41,743
thank you for your time, thank you for supporting our

340
00:42:41,743 --> 00:42:45,343
local workers. >> thank you, mr. Correa.

341
00:42:45,880 --> 00:42:51,280
next speaker card, please. >> our next speaker is liz

342
00:42:53,386 --> 00:42:55,786
sutton. >> good evening, council.

343
00:43:04,375 --> 00:43:07,379
>> can you pull the microphone a little closer to you?

344
00:43:07,379 --> 00:43:09,779
>> yes. Is that better?

345
00:43:10,314 --> 00:43:12,850
>> yes, thank you. >> I'm here epresenting sheet

346
00:43:12,850 --> 00:43:16,987
metal workers, the business rep, and representing working

347
00:43:16,987 --> 00:43:21,993
families that live here in tracy and also those families working

348
00:43:21,993 --> 00:43:26,793
with the electricians, plumbers, pipe fitters, and ironworkers.

349
00:43:26,931 --> 00:43:32,604
on july 1st the city council voted to approve this project

350
00:43:32,604 --> 00:43:37,142
and bring good union paying jobs to the city of tracy.

351
00:43:37,142 --> 00:43:41,813
im hoping we can keep moving forward with this and this

352
00:43:41,813 --> 00:43:45,684
project will be built with water and building codes and high

353
00:43:45,684 --> 00:43:49,284
standards because of using union labor.

354
00:43:50,355 --> 00:43:57,610
I just want to thank the council for voting for this project.

355
00:43:57,610 --> 00:43:59,630
thank you. >> thank you, ms. Sutton.

356
00:43:59,630 --> 00:44:03,101
next speaker card, please. >> we have no more peaker

357
00:44:03,101 --> 00:44:04,702
cards. >> we will open up to the rest

358
00:44:04,702 --> 00:44:08,720
of the public. Anyone want to speak on this

359
00:44:08,720 --> 00:44:10,274
item? Do you have a microphone for

360
00:44:10,274 --> 00:44:14,474
mr. Healy? >> I am here representing an

361
00:44:30,928 --> 00:44:34,665
abused tracy citizen. I have sent council a plethora

362
00:44:34,665 --> 00:44:37,335
of unresolved issues I've had particularly with the

363
00:44:37,335 --> 00:44:39,204
transportation department. >> I had to stop you, is this

364
00:44:39,204 --> 00:44:43,274
for item 3b? >> I thought this was just

365
00:44:43,274 --> 00:44:47,450
public comment. >> this is related to item 3b

366
00:44:47,450 --> 00:44:47,678
only. I apologize.

367
00:44:47,678 --> 00:44:50,348
we will make sure you get your time for items in the audience.

368
00:44:50,348 --> 00:44:55,153
any other speakers who would like to speak specifically on

369
00:44:55,153 --> 00:44:58,823
item 3b related to the tracy hills commerce center?

370
00:44:58,823 --> 00:45:03,961
seeing none, do we have any online speakers for this item?

371
00:45:03,961 --> 00:45:05,764
>> no, no hands-on line. >> with that I will close the

372
00:45:05,764 --> 00:45:10,568
public comment portion for this item and e can return for the

373
00:45:10,568 --> 00:45:15,368
discussion or motion. Councilmember evans, you had a

374
00:45:15,573 --> 00:45:17,274
comment? >> just a quick comment on this

375
00:45:17,274 --> 00:45:20,874
item. I was adamantly against this

376
00:45:21,246 --> 00:45:25,984
item, not against building an industrial facility if it were

377
00:45:25,984 --> 00:45:28,319
to be placed in one of our industrial zones.

378
00:45:28,319 --> 00:45:33,924
this is not, as proposed, for corral hollow between our

379
00:45:33,924 --> 00:45:37,262
largest neighborhoods in tracy. I disagree with the lacement of

380
00:45:37,262 --> 00:45:41,466
this particular development in this area prayed for

381
00:45:41,466 --> 00:45:45,770
consistency's sake, I'm going to vote no for this particular

382
00:45:45,770 --> 00:45:46,538
item. >> understood.

383
00:45:46,538 --> 00:45:48,473
any additional comment from council?

384
00:45:48,473 --> 00:45:51,342
seeing none, with that I will entertain a motion.

385
00:45:51,342 --> 00:45:54,946
>> a motion to approve 3b. >> I will second.

386
00:45:54,946 --> 00:46:00,346
>> we have a first and second. Roll call, please.

387
00:46:01,920 --> 00:46:04,920
[roll call] >> item 3b passes.

388
00:46:11,430 --> 00:46:13,164
thank you, everyone who came to speak.

389
00:46:13,164 --> 00:46:19,764
that brings us to item 3c, related to the rocking horse

390
00:46:20,773 --> 00:46:23,773
development project. Staff report, please.

391
00:46:25,377 --> 00:46:29,982
>> good evening again. This council item is for

392
00:46:29,982 --> 00:46:34,182
residential development just north of the redbridge

393
00:46:36,880 --> 00:46:40,288
residential development. The homebuilder is shea homes.

394
00:46:40,525 --> 00:46:44,263
the purpose is to approve an agreement and bonds as well as a

395
00:46:44,263 --> 00:46:47,666
small final map. The end result will allow future

396
00:46:47,666 --> 00:46:52,700
home buyers to buy homes. This concludes my brief summary

397
00:46:52,700 --> 00:46:56,342
of the project and I am available to answer any

398
00:46:56,342 --> 00:46:57,275
questions. >> thank you.

399
00:46:57,275 --> 00:46:59,344
do you have any preliminary questions?

400
00:46:59,344 --> 00:47:01,880
seeing none, with that we will go for public comment.

401
00:47:01,880 --> 00:47:06,218
can I please see hands raised for item 3c?

402
00:47:06,218 --> 00:47:08,618
I see willnutes. Doave

403
00:47:09,655 --> 00:47:12,550
no, mayo >> to thlic

404
00:47:18,897 --> 00:47:21,967
d evening, council, staff. Pretty much I would like this

405
00:47:21,967 --> 00:47:24,536
item to be pulled. There's a lot of information on

406
00:47:24,536 --> 00:47:28,573
here so hopefully I can cover it in 4 minutes.

407
00:47:28,573 --> 00:47:33,373
back in 2025 it went to the planning commission.

408
00:47:33,511 --> 00:47:35,881
at that time the planning commission -- I was on that

409
00:47:35,881 --> 00:47:39,184
commission. We had a lot of questions,

410
00:47:39,184 --> 00:47:42,184
especially since 2016, the traffic impact.

411
00:47:42,320 --> 00:47:46,457
as council members we approve so many developments down there,

412
00:47:46,457 --> 00:47:51,797
and tracy hills continues growing and many of those

413
00:47:51,797 --> 00:47:58,136
students go to kimball, which is a lot of traffic congestion.

414
00:47:58,136 --> 00:48:00,472
at that time, planning said we will address that later, e want

415
00:48:00,472 --> 00:48:06,378
to do an extension on the map, because there extension was

416
00:48:06,378 --> 00:48:09,548
expired. What was supposed to come back

417
00:48:09,548 --> 00:48:11,349
was more environmental information.

418
00:48:11,349 --> 00:48:17,949
well, unfortunately the director at that time pulled a fast one

419
00:48:18,857 --> 00:48:21,760
on us. There was a director meeting

420
00:48:21,760 --> 00:48:26,970
upstairs in august 2025, which is not on the agenda.

421
00:48:26,970 --> 00:48:28,340
this is a lot of information, a lot of dates.

422
00:48:28,340 --> 00:48:33,380
he took it upon himself because he's the director, he went ahead

423
00:48:33,380 --> 00:48:35,840
and this applicant is a new applicant.

424
00:48:35,840 --> 00:48:43,640
it's no longer -- I think it was scott stringer, a very good

425
00:48:43,648 --> 00:48:48,448
developer here in tracy. Long story short, in

426
00:48:49,695 --> 00:48:52,731
september 2025, an off-site engineer did some approvals on

427
00:48:52,731 --> 00:48:57,703
that which we never saw, and then it goes back to octob

428
00:48:57,703 --> 00:49:00,940
october 2025, the application for the city, the final map.

429
00:49:00,940 --> 00:49:02,876
the extension was just for the map.

430
00:49:02,876 --> 00:49:06,879
any changes or improvements, since then we did a lot of

431
00:49:06,879 --> 00:49:08,881
development. One of the sewer lines, they can

432
00:49:08,881 --> 00:49:11,384
no longer use that direction. I know they're going to say it

433
00:49:11,384 --> 00:49:13,850
doesn't have to go back to planning.

434
00:49:13,850 --> 00:49:16,756
it does need to go to planning because there's a lot of

435
00:49:16,756 --> 00:49:19,959
unanswered questions. There are some things being done

436
00:49:19,959 --> 00:49:26,532
here, especially the ingress to rocking horse, the two -- I'm

437
00:49:26,532 --> 00:49:31,103
sorry, there is so much on here. The two phases, that was not

438
00:49:31,103 --> 00:49:35,474
part of the original thing. When we do approvals and

439
00:49:35,474 --> 00:49:38,277
planning commissions, there's a lot of conditions that have to

440
00:49:38,277 --> 00:49:39,912
be approved. It looks like it just went

441
00:49:39,912 --> 00:49:43,649
through the engineer. It did not go to the planning

442
00:49:43,649 --> 00:49:46,652
commission. There is also some other changes

443
00:49:46,652 --> 00:49:50,123
on hearing, and they forgot to put the dates on the report, so

444
00:49:50,123 --> 00:49:53,258
I don't understand why we are doing this, because on

445
00:49:53,258 --> 00:49:57,662
october 22nd it went to the city for the final map, but then you

446
00:49:57,662 --> 00:50:04,262
go again and you talk about -- they just did it

447
00:50:04,670 --> 00:50:07,606
march 16th of 2026, so there is still additional changes that I

448
00:50:07,606 --> 00:50:13,780
haven't seen that you haven't seen, so I would like to table

449
00:50:13,780 --> 00:50:14,414
this. As council, we have to approve

450
00:50:14,414 --> 00:50:21,140
and do the right thing for our environment, our streets, the

451
00:50:21,721 --> 00:50:25,958
ingress to rocking horse is one way and in one way out, and with

452
00:50:25,958 --> 00:50:28,494
the commute we have to adjust that map.

453
00:50:28,494 --> 00:50:36,294
I know a lot of the commissi commissions -- I ask you to

454
00:50:48,181 --> 00:50:49,382
table this so you can make it a good decision going forward.

455
00:50:49,382 --> 00:50:50,450
only the map was approved. No changes, no anything is

456
00:50:50,450 --> 00:50:51,651
supposed to be added to that. But the engineer reports keep

457
00:50:51,651 --> 00:50:52,586
going and adding or changing things on here.

458
00:50:52,586 --> 00:50:53,719
I would like for you guys to review that and go back to the

459
00:50:53,719 --> 00:50:54,653
planning commission for further review.

460
00:50:54,653 --> 00:50:55,554
thank you. There is more, but like I said,

461
00:50:55,554 --> 00:50:57,857
the time -- there is some information that was not

462
00:50:57,857 --> 00:51:00,859
provided to council prior to coming here.

463
00:51:00,859 --> 00:51:03,862
thank you. >> thank you, ms. English.

464
00:51:03,862 --> 00:51:06,862
next speaker, please. >> thank you.

465
00:51:12,471 --> 00:51:19,710
my name is david best. I represent the developer ande h

466
00:51:20,379 --> 00:51:24,483
ltiple approvalsgh l years, the most recent

467
00:51:24,483 --> 00:51:27,820
of which was a development design review approval that

468
00:51:27,820 --> 00:51:31,420
happened three or four months ago.

469
00:51:32,580 --> 00:51:34,293
actually, a little bit longer ago than that.

470
00:51:34,293 --> 00:51:39,647
but we have been through all the appropriate approvals and steps

471
00:51:39,647 --> 00:51:41,716
associated with the project as it is currently design.

472
00:51:41,716 --> 00:51:47,116
those have all been approved to the normal processes.

473
00:51:48,322 --> 00:51:50,859
what is before you today is simply a subdivision improvement

474
00:51:50,859 --> 00:51:54,328
agreement that allows us to move forward with installing

475
00:51:54,328 --> 00:51:57,399
infrastructure on the project as it is urrently designed.

476
00:51:57,399 --> 00:52:03,999
and I am here for any questions if you have them.

477
00:52:06,730 --> 00:52:09,673
>> any additional speakers on this item?

478
00:52:10,879 --> 00:52:17,479
to be have any online? Does item c need further review?

479
00:52:32,567 --> 00:52:33,768
>> assistant city attorney. It actually falls under the same

480
00:52:33,768 --> 00:52:39,140
approval we were just talking about with item 3b pursuant to

481
00:52:39,140 --> 00:52:40,542
the guidelines. There's no additional

482
00:52:40,542 --> 00:52:43,578
discretionary entitlements being sought tonight by the approval

483
00:52:43,578 --> 00:52:48,978
of the subdivision mprovement. A different tract came before

484
00:52:52,120 --> 00:52:55,589
council, 3855. It's two different items even

485
00:52:55,589 --> 00:52:58,459
though it was the same development rince of this is

486
00:52:58,459 --> 00:53:02,597
only proving the subdivision map for tract 4008.

487
00:53:02,597 --> 00:53:04,598
and he agreement which would allow them to do the

488
00:53:04,598 --> 00:53:07,680
improvements they were already conditioned to do and they were

489
00:53:07,680 --> 00:53:11,710
approved planning commission and the entitlement originally went.

490
00:53:11,710 --> 00:53:12,473
the conditions have already been approved.

491
00:53:12,473 --> 00:53:16,678
this is the agreement by which we effectuate those improvem

492
00:53:16,678 --> 00:53:17,612
improvements. The bonding requirements that

493
00:53:17,612 --> 00:53:21,149
protect the city if the improvements are not done to

494
00:53:21,149 --> 00:53:23,551
code within a year. And it allows the city also to

495
00:53:23,551 --> 00:53:28,189
go after the bonds of the developer if the work doesn't

496
00:53:28,189 --> 00:53:30,892
get done in time. That's what the subdivision

497
00:53:30,892 --> 00:53:32,760
improvement agreement does. >> thank you.

498
00:53:32,760 --> 00:53:36,360
any further questions, discussion from council?

499
00:53:38,320 --> 00:53:42,832
councilmember evans? >> just to be sure everyone is

500
00:53:43,103 --> 00:53:47,208
clear on record, there is no design changes, nothing added,

501
00:53:47,208 --> 00:53:48,743
nothing deleted, nothing altered.

502
00:53:48,743 --> 00:53:52,460
the development is the same as it always was, correct?

503
00:53:52,460 --> 00:53:55,383
>> that is correct. >> the only thing that does

504
00:53:55,383 --> 00:54:00,183
appear to have changed is the phased approach?

505
00:54:00,921 --> 00:54:06,321
>> that is also correct. Staff actually needs to approve

506
00:54:08,529 --> 00:54:11,398
the agreement only, and the bond itself.

507
00:54:11,398 --> 00:54:14,202
so it will be allowing the construction of public

508
00:54:14,202 --> 00:54:18,540
improvements for tract 4008. The final map will be an

509
00:54:18,540 --> 00:54:22,610
approval in the future. Because of the reason this is

510
00:54:22,610 --> 00:54:28,248
coming to council through consent now as opposed to allow

511
00:54:28,248 --> 00:54:32,559
back, I guess, is because they are getting ready to construct

512
00:54:32,559 --> 00:54:33,993
the basic infrastructure. Is that right?

513
00:54:33,993 --> 00:54:36,993
>> that is correct, sir. >> thanks.

514
00:54:37,964 --> 00:54:41,768
>> any additional questions? If not, I'll entertain a motion.

515
00:54:41,768 --> 00:54:46,568
>> motion to approve item 3c. >> roll call, please.

516
00:54:47,908 --> 00:54:50,908
[roll call] >> the item passes.

517
00:55:03,222 --> 00:55:05,325
thank you, rocking horse development.

518
00:55:05,325 --> 00:55:11,197
that brings us to item 3l related to the transit station

519
00:55:11,197 --> 00:55:14,797
emergency backup generator. Staff report, please.

520
00:55:31,840 --> 00:55:33,619
>> good evening. I am with the public works

521
00:55:33,619 --> 00:55:35,822
department. Tonight we are looking to have

522
00:55:35,822 --> 00:55:40,294
the approval of a contract for the installation of the backup

523
00:55:40,294 --> 00:55:43,894
generator for the tracy transit station.

524
00:55:46,650 --> 00:55:53,265
back in 2023 the city contracted with the k p.a. Group to

525
00:55:53,906 --> 00:55:57,510
evaluate and look at potential generator options for the

526
00:55:57,510 --> 00:56:03,717
transit stations and we looked at diesel, solar, natural gas, d

527
00:56:03,717 --> 00:56:06,319
fueling options. It was determined in that

528
00:56:06,319 --> 00:56:12,319
analysis that a diesel generator would be the most economical

529
00:56:12,659 --> 00:56:14,395
decision given that the estimated cost for solar

530
00:56:14,395 --> 00:56:18,598
battery backup generator would be approximately three times as

531
00:56:18,598 --> 00:56:24,871
much cost as a diesel generator in the initial install in over

532
00:56:24,871 --> 00:56:29,760
the 25-year life of the system it would be twice as much for a

533
00:56:29,760 --> 00:56:33,747
battery and solar backup generator versus the diesel

534
00:56:33,747 --> 00:56:35,549
system. With that, staff recommended to

535
00:56:35,549 --> 00:56:40,320
move forward with a diesel option given the economical

536
00:56:40,320 --> 00:56:42,956
advantages of that. The backup generator would be

537
00:56:42,956 --> 00:56:46,226
used primarily for emergency situations in the summer and/or

538
00:56:46,226 --> 00:56:50,197
the winter when the power goes out in order to keep operations

539
00:56:50,197 --> 00:56:51,498
going. Given that it would only be

540
00:56:51,498 --> 00:56:57,137
running for a few hours throughout the given year, we

541
00:56:57,137 --> 00:56:59,573
estimated that it would be better to go with a diesel

542
00:56:59,573 --> 00:57:02,309
generator than a solar and battery backup.

543
00:57:02,309 --> 00:57:06,130
so tonight we are asking that the council appropriate some

544
00:57:06,130 --> 00:57:09,683
additional funds that are needed within an existing cip now that

545
00:57:09,683 --> 00:57:15,830
we have the bids in, and additional $736,000 from the

546
00:57:15,880 --> 00:57:19,192
development act funds and $314,000 from the state of good

547
00:57:19,192 --> 00:57:23,392
repair program, or the construction contract for

548
00:57:26,883 --> 00:57:28,952
$1,675,535 to g c.j. Incorporated of tracy that

549
00:57:28,952 --> 00:57:33,957
authorize the city manager to approve the change orders and

550
00:57:33,957 --> 00:57:39,357
authorize an overall not to exceed project budget for

551
00:57:39,629 --> 00:57:41,565
$2,095,067 and grant the authority of the city manager to

552
00:57:41,565 --> 00:57:44,901
execute the permits in the agreement.

553
00:57:44,901 --> 00:57:47,504
and I will take questions if you have them.

554
00:57:47,504 --> 00:57:51,704
> thank you. Do you have any preliminary

555
00:57:52,420 --> 00:57:54,420
questions? Councilmember nygard?

556
00:57:54,511 --> 00:57:57,181
>> thank you, director, for your report.

557
00:57:57,181 --> 00:58:03,181
is our city currently involved in the municipal energy audit?

558
00:58:03,920 --> 00:58:08,925
I believe it is due to come back to us in august.

559
00:58:08,925 --> 00:58:12,129
>> yes, I did speak with our public works director, and there

560
00:58:12,129 --> 00:58:15,465
is going to be a report that's being brought back in august to

561
00:58:15,465 --> 00:58:19,536
alk about the city widey upgrade program.

562
00:58:19,536 --> 00:58:22,272
>> correct. Is not the transit center

563
00:58:22,272 --> 00:58:24,700
included in this audit? >> the transit station is not

564
00:58:24,700 --> 00:58:30,700
included as part of that. It's the other city facilities,

565
00:58:30,881 --> 00:58:34,417
city hall, the service center, water treatment plant in the

566
00:58:34,417 --> 00:58:39,890
wastewater treatment plant I believe are the main facilities.

567
00:58:39,890 --> 00:58:42,692
>> I'm still kind of a little baffled.

568
00:58:42,692 --> 00:58:46,296
if our transit center where to put solar with the appropriate

569
00:58:46,296 --> 00:58:49,296
battery storage, that would run 24/7.

570
00:58:50,435 --> 00:58:55,705
you would reduce your energy costs from pg&e and not have the

571
00:58:55,705 --> 00:58:59,976
reliance on pg&e, therefore if a black outward to occur you

572
00:58:59,976 --> 00:59:04,776
already have the confirmation to have energy consistency,

573
00:59:08,852 --> 00:59:12,989
so would that not eliminate the need for a backup generator if

574
00:59:12,989 --> 00:59:17,260
you had solar with the appropriate battery storage?

575
00:59:17,260 --> 00:59:20,297
>> the solar option with the battery storage was one of the

576
00:59:20,297 --> 00:59:23,733
options that was evaluated, but it was only evaluated in the

577
00:59:23,733 --> 00:59:27,670
purpose of using it for backup energy, not for powering the

578
00:59:27,670 --> 00:59:31,174
entire facility. >> but wouldn't that be the

579
00:59:31,174 --> 00:59:34,770
purpose of putting solar on a building, to be able to bypass

580
00:59:34,770 --> 00:59:38,615
pg&e and to have your own independent power source?

581
00:59:38,615 --> 00:59:40,951
>> yes, that would be one of the outcomes.

582
00:59:40,951 --> 00:59:44,688
>> yeah. So what I would like to request

583
00:59:44,688 --> 00:59:49,326
from council consensus is that we pause or a month to wait for

584
00:59:49,326 --> 00:59:52,630
the energy audit to come back, to be able to have it reviewed

585
00:59:52,630 --> 00:59:58,301
before the council to see what our options are to look at being

586
00:59:58,301 --> 01:00:02,501
more energy efficient on our municipal buildings.

587
01:00:03,173 --> 01:00:08,378
if we could just look at this next month after we review the

588
01:00:08,378 --> 01:00:14,378
energy audit, and how we can have more energy independence

589
01:00:15,452 --> 01:00:21,766
from pg&e so we would not have to actually be subject to the

590
01:00:21,766 --> 01:00:28,366
black outs the power outages that we see in our communities.

591
01:00:42,219 --> 01:00:43,153
>> was that all your questions? >> yes.

592
01:00:43,153 --> 01:00:44,221
>> mayor pro tem? >> just to clarify, the transit

593
01:00:44,221 --> 01:00:44,957
station is not part of that audit.

594
01:00:44,957 --> 01:00:45,823
is that correct sir? >> that's correct.

595
01:00:45,823 --> 01:00:46,959
>> I'm not sure how... >> it doesn't necessarily mean

596
01:00:46,959 --> 01:00:52,959
it could not be evaluated for the use of solar.

597
01:00:55,990 --> 01:00:59,899
on that building. I mean, any municipal building

598
01:01:00,938 --> 01:01:08,738
has an opportunity to look at whether or not it is capable of

599
01:01:10,748 --> 01:01:14,510
the construction make up to have solar on their roof or in the

600
01:01:14,510 --> 01:01:17,288
parking lot. So it is basically, how are we

601
01:01:17,288 --> 01:01:22,126
looking at making sure we can have more resiliency again

602
01:01:22,126 --> 01:01:23,461
pg&e's power outages and have more independence to have our

603
01:01:23,461 --> 01:01:29,461
own power sources to supply power to our vital municipal

604
01:01:29,801 --> 01:01:32,201
structures? >> mayor pro tem?

605
01:01:37,141 --> 01:01:40,770
>> if we did postpone this for a month, what would be the

606
01:01:40,770 --> 01:01:44,877
possible consequences? >> I would need to check with

607
01:01:46,218 --> 01:01:50,200
our engineering team to see how long the bids are good for.

608
01:01:50,200 --> 01:01:56,270
we did do a bid opening and bids are typically held for certain

609
01:01:56,270 --> 01:02:00,310
period of time. I'm not sure what that is but I

610
01:02:00,310 --> 01:02:01,330
can find out. >> what would be the impact to

611
01:02:01,330 --> 01:02:04,268
the transit station not having that?

612
01:02:04,268 --> 01:02:07,672
that's more of my concern. >> pausing a month won't have a

613
01:02:07,672 --> 01:02:09,741
significant impact. Construction on this isn't

614
01:02:09,741 --> 01:02:12,610
anticipated to start until august anyway if this was

615
01:02:12,610 --> 01:02:13,777
approved tonight, and it wouldn't be up and running for

616
01:02:13,777 --> 01:02:18,577
about a year. >> I have two questions very

617
01:02:21,853 --> 01:02:24,789
similarly. Is this item sensitive

618
01:02:24,789 --> 01:02:29,260
timeliness? >> if you give me two seconds I

619
01:02:29,260 --> 01:02:37,600
can run and then ask how long the bids are being held for.

620
01:02:38,536 --> 01:02:40,338
>> good evening. I'm the director of public

621
01:02:40,338 --> 01:02:44,208
works. The bids are good for 30 days.

622
01:02:44,208 --> 01:02:49,814
in august we are coming back to give you an update on the energy

623
01:02:49,814 --> 01:02:56,687
program, but that project would not look at a solar system on

624
01:02:56,687 --> 01:02:59,757
every building. >> that was going to be my next

625
01:02:59,757 --> 01:03:02,226
question. My understanding of the audit

626
01:03:02,226 --> 01:03:07,932
was that it was citywide. Is it not ossible to include --

627
01:03:07,932 --> 01:03:11,540
>> I want to be clear that the audit is not the subject before

628
01:03:11,540 --> 01:03:14,540
you all this evening. >> understood.

629
01:03:14,591 --> 01:03:15,859
>> we can review this during council onsensus if you would

630
01:03:15,859 --> 01:03:19,296
like to do that. The question tonight is on the

631
01:03:19,296 --> 01:03:21,731
idea before you, whether you wish to approve it this evening

632
01:03:21,731 --> 01:03:28,710
and/or continue the item out to the august 18th meeting.

633
01:03:28,710 --> 01:03:32,809
to get clarification, with the bid -- if you waited until

634
01:03:32,809 --> 01:03:34,100
august 18th, with the bid expired?

635
01:03:34,100 --> 01:03:36,100
>> yes. >> okay.

636
01:03:38,882 --> 01:03:43,753
>> is the intent of doing it at this time because of summer

637
01:03:43,753 --> 01:03:47,953
blackouts? >> the intent is to have backup

638
01:03:49,920 --> 01:03:55,232
power in case of energy loss. The transit center is a cooling

639
01:03:55,232 --> 01:03:59,535
center, so if the power goes out, this would allow us to run

640
01:03:59,535 --> 01:04:05,175
the building and be able to have the power to operate it.

641
01:04:05,175 --> 01:04:09,278
>> but that wouldn't be until next year?

642
01:04:09,278 --> 01:04:12,278
right? >> once the project is

643
01:04:13,249 --> 01:04:19,249
completed, then it would be available as a backup, yes.

644
01:04:19,522 --> 01:04:20,790
>> any additional questions from council?

645
01:04:20,790 --> 01:04:25,661
>> can I just ask how many cooling centers we have in our

646
01:04:25,661 --> 01:04:29,261
city? >> can you repeat that question?

647
01:04:33,269 --> 01:04:36,139
>> how many cooling centers are there in tracy?

648
01:04:36,139 --> 01:04:40,939
designated cooling centers? >> I believe the transit center

649
01:04:42,450 --> 01:04:48,840
is the only one that we have which is a city-owned facility.

650
01:04:48,840 --> 01:04:52,284
>> we don't use the community center anymore?

651
01:04:53,156 --> 01:04:56,759
>> I have to double check that. >> and we do have the library

652
01:04:56,759 --> 01:05:03,330
and the mall as well as two other backup cooling centers.

653
01:05:03,330 --> 01:05:07,670
>> my recollection is that there are various throughout the city.

654
01:05:07,670 --> 01:05:13,670
>> there are a number of them. >> the council member is

655
01:05:15,578 --> 01:05:17,180
correct. We currently utilize the

656
01:05:17,180 --> 01:05:22,510
shelter, the library, the transit center, city hall, to

657
01:05:22,510 --> 01:05:24,454
straddling hem off the top of my head.

658
01:05:24,454 --> 01:05:30,526
as the current cooling centers as well as warming centers when

659
01:05:30,526 --> 01:05:34,726
they are necessary. >> any additional questions from

660
01:05:37,867 --> 01:05:39,836
council? Any members of the public who

661
01:05:39,836 --> 01:05:47,636
would like to speak on item 3l? Can I see hands raised, please?

662
01:05:48,978 --> 01:05:52,816
seeing one. We will allow for minutes for

663
01:05:52,816 --> 01:05:57,616
each comment. Could we please get a microphone

664
01:06:01,801 --> 01:06:06,601
to mr. Healy? >> I'm not quite ure if

665
01:06:09,508 --> 01:06:13,111
city hall is an official cooling center, but most importantly,

666
01:06:13,111 --> 01:06:17,449
because I have addressed this issue, there are no cooling

667
01:06:17,449 --> 01:06:20,252
centers in the city of tracy on sunday.

668
01:06:20,252 --> 01:06:24,590
for reasons unbeknownst to me or anybody, the transportation

669
01:06:24,590 --> 01:06:27,793
department does not open up the transit center on sunday, even

670
01:06:27,793 --> 01:06:31,993
though they are offering nondemand bus service.

671
01:06:35,734 --> 01:06:38,700
I live downtown, I have poor ventilation in my apartment, but

672
01:06:38,700 --> 01:06:44,676
I can't go there on sundays. This last sunday there was an

673
01:06:44,676 --> 01:06:47,130
unhouse person outside, it was only 83 degrees but with

674
01:06:47,130 --> 01:06:51,170
humidity and all that, I made a suggestion and I hope you are

675
01:06:51,170 --> 01:06:53,553
open to that, that when they do get this generator that they

676
01:06:53,553 --> 01:06:58,290
actually utilize it on sunday. The cooling standards should be

677
01:06:58,290 --> 01:07:04,290
a seven days a week option. >> thank you, mr. Healy.

678
01:07:05,864 --> 01:07:09,464
seeing another one, please come up.

679
01:07:20,579 --> 01:07:24,717
is that on? Can you push the button?

680
01:07:24,717 --> 01:07:26,518
>> there we go. >> thank you.

681
01:07:26,518 --> 01:07:29,588
>> I just wanted to agree with ms. Nygard.

682
01:07:29,588 --> 01:07:32,924
I believe when we start spending millions of dollars, which this

683
01:07:32,924 --> 01:07:38,397
is going to be over $2 million, then we need to start looking at

684
01:07:38,397 --> 01:07:43,635
long term saving energy. What ms. Nygard was trying to

685
01:07:43,635 --> 01:07:46,472
say, or at least what I heard, she was looking at putting solar

686
01:07:46,472 --> 01:07:51,877
up there so it was saving money all year round, not just when we

687
01:07:51,877 --> 01:07:54,980
need backup. If we are going to spend

688
01:07:54,980 --> 01:07:57,816
$2 million, why don't we put that toward something that would

689
01:07:57,816 --> 01:08:01,220
save us money year-round? That is my comment.

690
01:08:01,220 --> 01:08:04,390
thank you. >> thank you, ms. Hill.

691
01:08:04,390 --> 01:08:07,827
any other speakers on this item? Seeing none in chambers, any

692
01:08:07,827 --> 01:08:09,827
online? >> no, mayor.

693
01:08:10,290 --> 01:08:13,332
no hands raised online. >> we will close the public

694
01:08:13,332 --> 01:08:16,835
comment portion for item 3l and returned to council with

695
01:08:16,835 --> 01:08:19,835
additional discussion and/or motion.

696
01:08:20,380 --> 01:08:24,838
>> anything else? >> I would like to request we

697
01:08:28,914 --> 01:08:32,451
have council consensus on postponing this for a month to

698
01:08:32,451 --> 01:08:37,723
allow us to review the energy audit and to see where we may

699
01:08:37,723 --> 01:08:42,261
make other opportunities for energy savings and cost

700
01:08:42,261 --> 01:08:45,861
efficiency for the city. >> thank you.

701
01:08:49,735 --> 01:08:51,503
any additional comment? >> I just want to clarify it as

702
01:08:51,503 --> 01:08:56,628
a motion to continue the item to bring back on august 18th, 2026.

703
01:08:56,628 --> 01:09:00,766
>> I would like to bring it back after we are able to review the

704
01:09:00,766 --> 01:09:05,237
energy audit update that comes to us on the 18th, to see if we

705
01:09:05,237 --> 01:09:11,837
have an opportunity to utilize the transit center as a solar

706
01:09:13,646 --> 01:09:18,251
facility with battery backup. >> mayor, members of the

707
01:09:18,251 --> 01:09:21,988
council, I believe the director has said this already, but we

708
01:09:21,988 --> 01:09:26,459
would need to rebid the project if it were to be delayed, and I

709
01:09:26,459 --> 01:09:29,662
could increase the cost if we decided to maintain the

710
01:09:29,662 --> 01:09:31,330
current -- >> I understood the energy audit

711
01:09:31,330 --> 01:09:36,335
was not going to be inclusive of this building, correct?

712
01:09:36,335 --> 01:09:42,742
did I understand that correctly? >> this item really is not about

713
01:09:42,742 --> 01:09:46,479
the energy audit, but I want to give you a brief overview for

714
01:09:46,479 --> 01:09:50,483
the meeting that is coming up. We are going to have a summary

715
01:09:50,483 --> 01:09:55,888
o what we are planning to do, which is to do an investment

716
01:09:55,888 --> 01:10:00,493
grade audit for all the city facilities to reduce energy

717
01:10:00,493 --> 01:10:03,328
costs. The major component of that

718
01:10:03,328 --> 01:10:08,728
project would be about solar, water and wastewater treatment

719
01:10:10,836 --> 01:10:13,905
plants, where we can significantly reduce energy

720
01:10:13,905 --> 01:10:16,408
consumption. We really cannot do that at the

721
01:10:16,408 --> 01:10:18,430
transit center. So that would be part of the

722
01:10:18,430 --> 01:10:23,315
investment grade audit that most likely would take about six

723
01:10:23,315 --> 01:10:25,818
months. >> the reason I guess it is

724
01:10:25,818 --> 01:10:29,254
germane to this topic, if I understood, if we are waiting

725
01:10:29,254 --> 01:10:33,159
for the audit, the audit is not going to be inclusive of the

726
01:10:33,159 --> 01:10:34,794
transit center is what I'm hearing.

727
01:10:34,794 --> 01:10:40,667
>> but just to clarify, director, you just said for all

728
01:10:40,667 --> 01:10:46,670
tracy facilities. So is not the transit center a

729
01:10:46,205 --> 01:10:49,141
tracy facility? >> yes, it would include all of

730
01:10:49,141 --> 01:10:54,541
the equipment inside the transit center, including hvac and

731
01:10:55,614 --> 01:10:59,819
others, that could potentially be upgraded with this energy

732
01:10:59,819 --> 01:11:04,190
program. >> if I may, director, are we

733
01:11:04,756 --> 01:11:10,756
saying that the energy audit will look to replace appliances

734
01:11:11,630 --> 01:11:12,898
but not necessarily add solar infrastructure?

735
01:11:12,898 --> 01:11:16,702
the audit will look to add solar infrastructure to the wastewater

736
01:11:16,702 --> 01:11:19,505
and water treatment facilities, and that is the distinction

737
01:11:19,505 --> 01:11:21,905
you're making? >> yes, correct.

738
01:11:21,907 --> 01:11:25,577
>> if I may, to the council and the mayor, just to reiterate,

739
01:11:25,577 --> 01:11:29,715
the distinction he is making s the audit will look to add solar

740
01:11:29,715 --> 01:11:33,850
arrays to wastewater and water but look to replace the major

741
01:11:33,850 --> 01:11:35,454
appliances within all facilities to make them energy efficient

742
01:11:35,454 --> 01:11:38,324
appliances the way you would a home.

743
01:11:38,324 --> 01:11:40,526
>> got it. I'm open to entertaining this

744
01:11:40,526 --> 01:11:45,274
idea. My point is I don't think it's a

745
01:11:45,274 --> 01:11:47,877
good reason to wait for this audit.

746
01:11:47,877 --> 01:11:53,282
if we are only looking at appliances within the transit

747
01:11:53,282 --> 01:11:57,553
center, then it's not going to have an impact on the solar

748
01:11:57,553 --> 01:12:01,758
option that is being discussed. That is all my point is.

749
01:12:01,758 --> 01:12:05,762
we can wait, if that is council's will, but I don't see

750
01:12:05,762 --> 01:12:09,980
waiting for the audit. >> thank you.

751
01:12:09,980 --> 01:12:11,634
councilmember bedolla? >> is there another item either

752
01:12:11,634 --> 01:12:14,637
on our plate or a quicker way to consider solar on the transit

753
01:12:14,637 --> 01:12:16,506
center? Because I think -- I hope I'm

754
01:12:16,506 --> 01:12:21,306
not misunderstanding what council is debating a peer

755
01:12:21,510 --> 01:12:28,510
because maybe we can pass this. >> that could be added to that

756
01:12:28,510 --> 01:12:30,452
roject, but most likely that would be about six months to a

757
01:12:30,452 --> 01:12:35,580
year from now. >> but not stopping -- not

758
01:12:35,580 --> 01:12:40,458
letting the current id expire? >> councilmember bedolla, as you

759
01:12:42,731 --> 01:12:47,700
suggested, if council wills, it can pass this item and give

760
01:12:47,700 --> 01:12:49,938
direction to staff to look at the possibility of adding solar

761
01:12:49,938 --> 01:12:54,344
to the transit center as well. Through the audit or any other

762
01:12:54,344 --> 01:12:58,544
means. >> I would leave it to council.

763
01:13:00,349 --> 01:13:05,540
>> my question would be, in the pursuit of maintaining energy at

764
01:13:05,540 --> 01:13:10,454
the transit facility, should there be solar battery storage,

765
01:13:11,260 --> 01:13:17,260
would that mitigate the need to have an emergency generator?

766
01:13:18,340 --> 01:13:21,703
>> adding solar would reduce the energy use.

767
01:13:21,703 --> 01:13:26,476
however, it is not going to mitigate fully the backup

768
01:13:26,476 --> 01:13:31,880
situation that we are trying to design and implement here.

769
01:13:31,880 --> 01:13:35,418
>> so the batteries would be used for daily use but they

770
01:13:35,418 --> 01:13:37,820
ould not be sufficin emergency situation?

771
01:13:37,820 --> 01:13:40,523
is that what I'm hearing? >> it could be.

772
01:13:40,523 --> 01:13:43,993
it has to be designed, looked at.

773
01:13:43,993 --> 01:13:50,133
however, they would be an additional cost if we want to go

774
01:13:50,133 --> 01:13:52,133
that direction. >> correct.

775
01:13:52,735 --> 01:13:57,340
and the $2 million here could arguably be used for that cost.

776
01:13:57,340 --> 01:13:58,540
>> it could be. >> understood.

777
01:13:58,540 --> 01:14:01,477
>> that is kind of what I was going to clarify.

778
01:14:01,477 --> 01:14:06,516
have we looked at what the cost would be to put solar on the

779
01:14:06,516 --> 01:14:11,316
transit as opposed to this generator, backup generator?

780
01:14:14,357 --> 01:14:17,593
>> as stated earlier, when we did the analysis on this, it was

781
01:14:17,593 --> 01:14:20,496
only for the purpose of emergency backup power, not to

782
01:14:20,496 --> 01:14:26,496
power the entire facility. The analysis at the time, back

783
01:14:26,669 --> 01:14:30,106
in 2023 when this was done, estimated the cost of solar

784
01:14:30,106 --> 01:14:35,244
being three times that of what the diesel generator would be.

785
01:14:35,244 --> 01:14:40,440
>> does it take into consideration the long-term cost

786
01:14:40,983 --> 01:14:46,122
savings with your pg&e bill, as well as diesel fuel?

787
01:14:46,122 --> 01:14:50,590
because you're going to be using diesel for this generator, and

788
01:14:50,590 --> 01:14:56,590
diesel continues to go up. Solar would eliminate both those

789
01:15:00,269 --> 01:15:03,273
long-term costs. >> the long-term analysis was

790
01:15:03,273 --> 01:15:08,110
done primarily on the maintenance cost of the backup

791
01:15:08,110 --> 01:15:10,546
generator system. Since we weren't looking at

792
01:15:10,546 --> 01:15:15,518
converting the entire facility over to solar power, we did not

793
01:15:15,518 --> 01:15:18,988
look at what would be the overall long-term cost savings

794
01:15:18,988 --> 01:15:22,240
of converting, and seeing if there was even enough space to

795
01:15:22,240 --> 01:15:28,240
put solar to power the entire facility at that location.

796
01:15:30,980 --> 01:15:36,980
>> could we? I think it would be -- it would

797
01:15:44,780 --> 01:15:50,186
be a very wise decision to actually compare both, since we

798
01:15:50,186 --> 01:15:54,389
haven't really compared both costs for the backup generator

799
01:15:54,389 --> 01:16:00,389
versus solar and the full cost savings to our taxpayers.

800
01:16:00,662 --> 01:16:07,262
how can we decide on the most effective and efficient system

801
01:16:08,738 --> 01:16:12,338
for power outages? >> thank you, councilmember.

802
01:16:12,374 --> 01:16:18,800
I will entertain a motion. >> I will make a motion to

803
01:16:18,800 --> 01:16:20,800
approve 3l. >> second.

804
01:16:20,816 --> 01:16:25,520
>> we have a first and a second. Roll call, please.

805
01:16:25,520 --> 01:16:28,520
>> mayor pro tem abercrombie? >> yes.

806
01:16:28,690 --> 01:16:30,690
>> councilmember evans? >> yes.

807
01:16:31,660 --> 01:16:33,660
>> councilmember bedolla? >> yes.

808
01:16:35,597 --> 01:16:37,597
>> councilmember nygard? >> no.

809
01:16:37,632 --> 01:16:39,367
>> mayor arriola? >> no.

810
01:16:39,367 --> 01:16:42,772
>> with that, the item passes. That would exist to the next

811
01:16:42,772 --> 01:16:48,772
item, which is item 3q regarding see credit reconciliation for

812
01:16:53,883 --> 01:16:57,483
pro logis. >> good evening, veronica child

813
01:16:59,254 --> 01:17:01,256
with the engineering department. This is authorizing a fee credit

814
01:17:01,256 --> 01:17:04,856
and reconciliation agreement that reconciles outstanding

815
01:17:06,128 --> 01:17:09,599
development impact fee credits associated with infrastructure

816
01:17:09,599 --> 01:17:10,666
improvements they have constructed.

817
01:17:10,666 --> 01:17:15,438
this will increase their total credits from approximately

818
01:17:15,438 --> 01:17:17,807
$68 million to $89 million. That concludes my brief summary.

819
01:17:17,807 --> 01:17:21,811
I am happy to answer any questions you may have.

820
01:17:21,811 --> 01:17:26,110
>> do you have any preliminary council questions?

821
01:17:29,829 --> 01:17:34,290
>> what caused the substantial change in numbers?

822
01:17:35,100 --> 01:17:37,972
>> the substantial change in numbers is due to a number of

823
01:17:37,972 --> 01:17:40,741
factors. Unfortunately many of these fee

824
01:17:40,741 --> 01:17:43,143
credits were put into agreements prior to current staff eing

825
01:17:43,143 --> 01:17:46,714
here. From what I could tell, it seems

826
01:17:46,714 --> 01:17:48,983
that there were some administrative errors.

827
01:17:48,983 --> 01:17:52,619
some, there were changes maybe in the field that took place, so

828
01:17:52,619 --> 01:17:54,388
something was built slightly differently than they were

829
01:17:54,388 --> 01:17:57,323
intending to build when they first entered into the

830
01:17:57,323 --> 01:18:00,728
agreements. So they may be kind of a number

831
01:18:00,728 --> 01:18:02,529
of things. In addition, it looks like some

832
01:18:02,529 --> 01:18:06,000
of the amounts put into these fee credit agreements or

833
01:18:06,000 --> 01:18:09,837
estimates as opposed to actual numbers that were fully

834
01:18:09,837 --> 01:18:12,806
calculated based on the linear feet of something that may have

835
01:18:12,806 --> 01:18:17,600
been built. >> and staff is confident that

836
01:18:17,344 --> 01:18:21,214
the new amendment are the correct numbers?

837
01:18:21,214 --> 01:18:22,282
>> absolutely. We have discussed this at length

838
01:18:22,282 --> 01:18:25,953
with developers as well and let them know there wouldn't be any

839
01:18:25,953 --> 01:18:28,880
additional research into these numbers where agreed upon, and

840
01:18:28,880 --> 01:18:31,250
this is the maximum they could receive for what they are

841
01:18:31,250 --> 01:18:32,692
building. >> thank you.

842
01:18:32,692 --> 01:18:35,163
if there is no additional questions, we will go for public

843
01:18:35,163 --> 01:18:37,298
comment. Can I see hands raised for

844
01:18:37,298 --> 01:18:41,635
speakers on this item? With that we will allow for

845
01:18:41,635 --> 01:18:43,635
minutes. Go ahead.

846
01:18:53,247 --> 01:18:55,449
>> thank you, council. Staff answered some of my

847
01:18:55,449 --> 01:19:01,121
questions, but just to go on record, I know we are giving fee

848
01:19:01,121 --> 01:19:05,525
credits, and the way water rates are going up goes back to what I

849
01:19:05,525 --> 01:19:08,620
said in the beginning. The warehouse is industrial have

850
01:19:08,620 --> 01:19:10,997
not been paying their fair share.

851
01:19:10,997 --> 01:19:14,134
they haven't, and it's been proven.

852
01:19:14,134 --> 01:19:19,534
now we are giving $24 million credit for the water

853
01:19:21,542 --> 01:19:26,213
distribution. So I can recycle waste water but

854
01:19:26,213 --> 01:19:28,613
$15 million for water distribution.

855
01:19:29,950 --> 01:19:33,421
how that came to an agreement, I don't know.

856
01:19:33,421 --> 01:19:39,493
I know that some of you weren't here, but for me, that is

857
01:19:39,493 --> 01:19:43,296
disheartening, because this is just one of many.

858
01:19:43,296 --> 01:19:50,496
even though the water rate and the fees for water usage, maybe

859
01:19:53,507 --> 01:19:58,312
they brought it up but they have never paid their fair share

860
01:19:58,312 --> 01:20:01,915
until recently when it was done. Before the flat rate, they are

861
01:20:01,915 --> 01:20:06,715
actually getting credit for the next five years.

862
01:20:09,990 --> 01:20:14,261
they craft it that way. That's one of the things I was

863
01:20:14,261 --> 01:20:17,730
trying to explain to you, how they said it and how the

864
01:20:17,730 --> 01:20:22,871
consultant we paid for, many of our consultants, we are throwing

865
01:20:22,871 --> 01:20:26,674
our money down the drain. They are giving instructions,

866
01:20:26,674 --> 01:20:32,614
crafting things -- they use the word "potential," or "this might

867
01:20:32,614 --> 01:20:36,170
happen." if there is still $2 million out

868
01:20:36,170 --> 01:20:41,989
there, somebody is researching that, I heard it's pretty close

869
01:20:41,989 --> 01:20:44,425
to $100 million that wasn't used.

870
01:20:44,425 --> 01:20:47,963
I think $15 million plus the recycled waste water,

871
01:20:47,963 --> 01:20:51,899
$24 million credit fee. And I still don't think they

872
01:20:51,899 --> 01:20:56,104
have paid their fair share. To this date.

873
01:20:56,104 --> 01:20:59,640
that's all I wanted to say. >> do we have any additional

874
01:20:59,640 --> 01:21:02,877
speakers on this item? Seeing none in chambers, do you

875
01:21:02,877 --> 01:21:04,912
have any online? >> no hands raised.

876
01:21:04,912 --> 01:21:09,617
>> we will close the public comment portion and I will turn

877
01:21:09,617 --> 01:21:15,189
to council for motion. >> I think to staff, we are

878
01:21:15,189 --> 01:21:18,526
talking $21 million. It's an awful lot of money.

879
01:21:18,526 --> 01:21:22,726
I don't want to disagree with it.

880
01:21:22,863 --> 01:21:27,663
I trust our staff come brothers in enough

881
01:21:29,537 --> 01:21:32,273
I trust our staff, but there is not enough detail.

882
01:21:32,273 --> 01:21:35,376
there's detail, there is amounts, but I can't really see

883
01:21:35,376 --> 01:21:40,776
what it is. I see the categories, and there

884
01:21:41,516 --> 01:21:44,285
is columns that kind of explain what they are, but I don't

885
01:21:44,285 --> 01:21:48,156
understand how we got there. Is there any more granular

886
01:21:48,156 --> 01:21:53,940
detail on what this is? Is there something I can see and

887
01:21:53,940 --> 01:21:57,765
get my hands on? I'm a construction guy, so I

888
01:21:57,765 --> 01:22:01,536
like drawings. I like to see actual diagrams

889
01:22:01,536 --> 01:22:05,440
and things. What are we talking about here?

890
01:22:05,440 --> 01:22:09,430
>> yeah, we do have all the plan sets on file for all these

891
01:22:09,430 --> 01:22:12,480
improvements that have been approved by our city engineer.

892
01:22:12,480 --> 01:22:14,849
in addition, specifically for two of the categories in

893
01:22:14,849 --> 01:22:17,584
exhibits b and c to the agreement, you will have kind of

894
01:22:17,584 --> 01:22:22,724
a breakdown of each item, the unit cost, linear feet, all of

895
01:22:22,724 --> 01:22:26,927
that, to give you a really good detailed estimate and how we

896
01:22:26,927 --> 01:22:29,597
came up with those numbers. >> where am I missing that?

897
01:22:29,597 --> 01:22:34,680
I have looked at the attachments in the staff report.

898
01:22:34,680 --> 01:22:36,504
I'm I missing it? >> it's part of the attachment

899
01:22:36,504 --> 01:22:41,800
to the staff report nd it is an exhibit to that agreement.

900
01:22:41,800 --> 01:22:45,808
it is page 12 and 13 of the agreement itself.

901
01:22:46,547 --> 01:22:53,147
>> is there a table umber? >> if we go into the agreement

902
01:22:59,493 --> 01:23:02,130
itself, there are tables listed, but this isn't a table number.

903
01:23:02,130 --> 01:23:05,767
it is just exhibit b. Work completed pursuant to

904
01:23:05,767 --> 01:23:07,767
inspection improvement agreements.

905
01:23:10,237 --> 01:23:12,241
>> I see those. Those are some of the tables I'm

906
01:23:12,241 --> 01:23:16,590
talking about. I see wrong numbers, and that's

907
01:23:16,590 --> 01:23:21,390
good. It got me partway there, but I

908
01:23:21,595 --> 01:23:26,867
didn't see any actual drawings. >> you are correct, we didn't

909
01:23:26,867 --> 01:23:29,136
include any drawings in the staff report.

910
01:23:29,136 --> 01:23:33,936
it would have been multiple sets of plans.

911
01:23:34,740 --> 01:23:38,212
it would be a lot of pages, a lot of plan sets, really big

912
01:23:38,212 --> 01:23:39,546
sheets. We have them all on file for

913
01:23:39,546 --> 01:23:43,746
anyone who would like to see them.

914
01:23:44,352 --> 01:23:47,955
>> I would like to see them. Is there any harm on waiting on

915
01:23:47,955 --> 01:23:53,460
this a little bit or is time of the essence on this?

916
01:23:53,460 --> 01:23:56,697
>> I don't think there's any harm in waiting on this.

917
01:23:56,697 --> 01:23:58,833
>> I want to approve this. I want to be clear, I have no

918
01:23:58,833 --> 01:24:03,370
issue with it overall, but being that we are talking a large sum

919
01:24:03,370 --> 01:24:05,440
of money, I would like to see it and nderstand it a little bit

920
01:24:05,440 --> 01:24:11,113
better than I do right ow. I see what staff is telling me,

921
01:24:11,113 --> 01:24:15,649
I see the descriptions, but I'm having a hard time visualizing

922
01:24:15,649 --> 01:24:20,521
what it is that was done. I would almost like to drive out

923
01:24:20,521 --> 01:24:25,259
there and see it. It's a lot of money.

924
01:24:25,259 --> 01:24:30,590
>> assistant city manager. We would rather council feel

925
01:24:33,267 --> 01:24:38,500
comfortable with what staff is recommending if bringing back

926
01:24:38,500 --> 01:24:41,543
plan sets and providing detailed information would make council

927
01:24:41,543 --> 01:24:46,343
feel more comfortable with what they are proving.

928
01:24:46,547 --> 01:24:50,747
approving. We are happy to provide that

929
01:24:51,118 --> 01:24:53,454
detail information. This is related to the

930
01:24:53,454 --> 01:24:56,289
infrastructure that prologis has built out in the specific plan

931
01:24:56,289 --> 01:24:58,930
area. This is all infrastructure that

932
01:24:58,930 --> 01:25:03,630
will eventually become part of the city related to -- I pressed

933
01:25:03,630 --> 01:25:07,701
the button while I was speaking. Related to improvements that

934
01:25:07,701 --> 01:25:10,170
will be dedicated eventually over to the city.

935
01:25:10,170 --> 01:25:12,973
we are happy to provide the details.

936
01:25:12,973 --> 01:25:18,373
it will be a very big packet of information.

937
01:25:18,979 --> 01:25:23,779
it will not cause harm to the city.

938
01:25:25,385 --> 01:25:28,255
I think the developer was hoping to be able to access the credits

939
01:25:28,255 --> 01:25:32,580
sooner rather than later. We would have to come back in

940
01:25:32,580 --> 01:25:32,927
august with the detailed information.

941
01:25:32,927 --> 01:25:37,465
>> I would like to see it first, if council is okay with it.

942
01:25:37,465 --> 01:25:40,334
I know mr. Nefouse and I discussed this earlier.

943
01:25:40,334 --> 01:25:42,737
staff has put a lot of work into this but I feel like I can't

944
01:25:42,737 --> 01:25:47,141
quite do my due diligence on this until I see more detail.

945
01:25:47,141 --> 01:25:49,209
>> understood. Thank you, councilmember evans.

946
01:25:49,209 --> 01:25:52,345
anything else? With that, as per my comments,

947
01:25:52,345 --> 01:25:55,849
staff has reiterated they are confident that this is the new

948
01:25:55,849 --> 01:25:58,860
accurate numbers. With that, it is a priority of

949
01:25:58,860 --> 01:26:02,623
mine that we ensure we are restoring the city's reputation

950
01:26:02,623 --> 01:26:06,696
among the business community and I would hate for there to be any

951
01:26:06,696 --> 01:26:10,133
undue delays to harm the reputation of the city giving we

952
01:26:10,133 --> 01:26:11,835
have made such progress recently.

953
01:26:11,835 --> 01:26:13,969
with that I will entertain the notion.

954
01:26:13,969 --> 01:26:16,872
>> I make a motion to approve 3q.

955
01:26:16,872 --> 01:26:20,777
>> I will second. >> we have a first and a second.

956
01:26:20,777 --> 01:26:24,977
roll call, please. >> mayor pro tem abercrombie?

957
01:26:25,581 --> 01:26:27,516
>> yes. >> councilmember nygard?

958
01:26:27,516 --> 01:26:29,516
>> yes. >> councilmember bedolla?

959
01:26:30,119 --> 01:26:32,119
>> yes. >> councilmember evans?

960
01:26:32,455 --> 01:26:34,791
>> before I make my vote, I'll just say I have no issues

961
01:26:34,791 --> 01:26:37,960
approving this but I would have preferred if council had

962
01:26:37,960 --> 01:26:41,864
supported my ability to do further due diligence in this,

963
01:26:41,864 --> 01:26:45,334
but clearly council is going to have the majority here.

964
01:26:45,334 --> 01:26:48,738
I don't want to vote against it so I will support it and vote

965
01:26:48,738 --> 01:26:50,738
yes. >> thank you.

966
01:26:52,942 --> 01:26:54,942
>> mayor arriola? >> yes.

967
01:26:56,345 --> 01:27:02,345
item 3q passes. That takes us to item 3w related

968
01:27:03,853 --> 01:27:08,653
to the second reading for oversized vehicles ordinance.

969
01:27:09,558 --> 01:27:13,758
>> good evening, council. Elva esquivel, assistant city

970
01:27:16,432 --> 01:27:17,767
clerk. He brought this forward

971
01:27:17,767 --> 01:27:21,380
consistent with our policies and procedures of second readings of

972
01:27:21,380 --> 01:27:25,975
ordinances, but we would like to defer to the staff that

973
01:27:25,975 --> 01:27:28,975
originally brought this item forth.

974
01:27:30,246 --> 01:27:32,381
>> good evening, mayor, council members, and everyone tonight.

975
01:27:32,381 --> 01:27:33,849
thank you for the opportunity to speak.

976
01:27:33,849 --> 01:27:37,540
my name is dan garcia, a lieutenant with the bureau of

977
01:27:37,540 --> 01:27:39,322
special operations at the tracy police department.

978
01:27:39,322 --> 01:27:43,493
I would like to propose the city council adopt a new

979
01:27:43,493 --> 01:27:45,795
ordinance, parking of oversized vehicles and trailers, to the

980
01:27:45,795 --> 01:27:49,532
tracy municipal code. This ordinance is the result of

981
01:27:49,532 --> 01:27:52,350
careful analysis which included reviewing ordinances from other

982
01:27:52,350 --> 01:27:54,300
cities and gathering community input.

983
01:27:54,300 --> 01:27:57,874
it addresses a growing concern in our city that unrelated

984
01:27:57,874 --> 01:28:02,578
parking of oversized vehicles and trailers on our public

985
01:28:02,578 --> 01:28:04,547
streets. The key concerns this ordinance

986
01:28:04,547 --> 01:28:06,983
aims to address includes enhancing public safety.

987
01:28:06,983 --> 01:28:09,353
the ordinance is designed to improve roadway visibility and

988
01:28:09,353 --> 01:28:13,560
reduce safety risks for both pedestrians and motorists by

989
01:28:13,560 --> 01:28:15,580
limiting the duration and location where oversized

990
01:28:15,580 --> 01:28:18,227
vehicles and trailers may be parked, protecting public

991
01:28:18,227 --> 01:28:22,310
health, it aims to prevent the improper disposal of waste from

992
01:28:22,310 --> 01:28:24,967
these vehicles into our city storms and sanitary sewer

993
01:28:24,967 --> 01:28:28,238
systems, thereby safeguarding our environment and community

994
01:28:28,238 --> 01:28:32,908
health, improving quality of life by regulating parking we

995
01:28:32,908 --> 01:28:36,645
enhance the accessibility of our neighborhoods in public spaces.

996
01:28:36,645 --> 01:28:39,448
to ensure the clarity and fairness of this enforcement,

997
01:28:39,448 --> 01:28:42,510
the ordinance provides a precise definition.

998
01:28:42,510 --> 01:28:46,589
in oversized vehicles defined as any motor vehicle that exceeds a

999
01:28:46,589 --> 01:28:50,727
half feet in width, or 22 feet in length.

1000
01:28:50,727 --> 01:28:53,729
this definition includes large recreational vehicles, buses,

1001
01:28:53,729 --> 01:28:56,665
and certain trucks that can obstruct visibility and create

1002
01:28:56,665 --> 01:29:01,251
hazards for other road users. A trailer is broadly defined to

1003
01:29:01,251 --> 01:29:06,510
include any camping trailer, camper, fifth wheel travel

1004
01:29:06,289 --> 01:29:09,526
trailer, house card, mobile home, or trailer coach as

1005
01:29:09,526 --> 01:29:13,960
specified in the vehicle code. Also encompasses recreational

1006
01:29:13,960 --> 01:29:17,534
vehi afety code. Ined in health & these definitions ensure that

1007
01:29:17,534 --> 01:29:23,507
all types of large toable vehicles are under the ordinance

1008
01:29:23,507 --> 01:29:27,511
preventing loopholes. The provisions of this ordinance

1009
01:29:27,511 --> 01:29:28,780
include parking restrictions, oversized vehicles and trailers

1010
01:29:28,780 --> 01:29:31,715
may not be parked in public streets, alleys, or city lots

1011
01:29:31,715 --> 01:29:34,485
for more than 72 consecutive hours.

1012
01:29:34,485 --> 01:29:37,388
after the 72 hours, the vehicle must be moved at least a

1013
01:29:37,388 --> 01:29:41,925
thousand feet and cannot return to the same location for at

1014
01:29:41,925 --> 01:29:44,925
least 24 hours. The ordinance provides

1015
01:29:45,496 --> 01:29:47,864
exceptions for emergencies, official government vehicles or

1016
01:29:47,864 --> 01:29:51,268
utility business vehicles, active loading and unloading,

1017
01:29:51,268 --> 01:29:54,605
service vehicles, wheelchair accessible vans, and special

1018
01:29:54,605 --> 01:29:58,205
events, among others. Enforcement includes citation,

1019
01:30:00,210 --> 01:30:01,879
telling, and escalated administrative penalties to

1020
01:30:01,879 --> 01:30:05,682
repeat violations, with a clear right to appeal.

1021
01:30:05,682 --> 01:30:08,190
this action is exempt from the california environmental quality

1022
01:30:08,190 --> 01:30:11,822
act as it does not result in any physical changes to the

1023
01:30:11,822 --> 01:30:14,822
environment. Additionally, there s no

1024
01:30:14,925 --> 01:30:18,462
physical impact as enforcement will be managed with the

1025
01:30:18,462 --> 01:30:20,798
existing city budgets. This ordinance directly supports

1026
01:30:20,798 --> 01:30:24,401
our strategic priority of public safety by providing a balanced

1027
01:30:24,401 --> 01:30:28,739
approach that considers both community needs and practical

1028
01:30:28,739 --> 01:30:30,373
realities for residences and businesses.

1029
01:30:30,373 --> 01:30:33,377
if approved by the city council, the police department will

1030
01:30:33,377 --> 01:30:35,913
conduct a 30-day educational campaign about the new ordinance

1031
01:30:35,913 --> 01:30:40,150
through its website and social media before commencing

1032
01:30:40,150 --> 01:30:41,652
enforcement. I respectfully request the

1033
01:30:41,652 --> 01:30:47,520
adoption of the new ordinance enacting chapter 3.60, two titll

1034
01:30:49,793 --> 01:30:51,661
code. Thank you for your time and I'm

1035
01:30:51,661 --> 01:30:54,131
happy to answer any questions. >> thank you.

1036
01:30:54,131 --> 01:30:58,931
do you have any preliminary questions rom council?

1037
01:31:00,871 --> 01:31:04,471
>> I have one question. Thank you.

1038
01:31:04,541 --> 01:31:10,800
just wondering if there would be any exception for families that

1039
01:31:10,800 --> 01:31:11,748
come to visit during holiday time.

1040
01:31:11,748 --> 01:31:17,854
do we have anything as far as issuing maybe a special permit,

1041
01:31:17,854 --> 01:31:23,930
or with that have to be another discussion at a later time?

1042
01:31:23,930 --> 01:31:23,893
>> that would be a different process.

1043
01:31:23,893 --> 01:31:28,990
that is why we are giving the individuals 72 hours and making

1044
01:31:28,990 --> 01:31:32,899
sure that we do that educational component first.

1045
01:31:34,504 --> 01:31:37,574
>> thank you. >> I just want to confirm, this

1046
01:31:37,574 --> 01:31:40,245
is merely a second reading. Where there any changes between

1047
01:31:40,245 --> 01:31:43,379
now and the second reading? >> no.

1048
01:31:43,379 --> 01:31:46,583
>> with that we will go out for public comment.

1049
01:31:46,583 --> 01:31:49,286
any speaker cards? >> no, they are.

1050
01:31:49,286 --> 01:31:50,590
no cards. >> can I see hands raised her

1051
01:31:50,590 --> 01:31:55,596
folks who would like to speak on this item?

1052
01:31:55,596 --> 01:32:02,796
seeing two, we will allow for 1. Anyone who would like to start?

1053
01:32:10,744 --> 01:32:13,144
>> hi, council. Good evening.

1054
01:32:13,414 --> 01:32:16,617
I emailed you all on this topic. I'm glad to see that it was

1055
01:32:16,617 --> 01:32:21,417
passed unanimously the first time it went around.

1056
01:32:22,489 --> 01:32:24,825
>> can you hold the microphone closer?

1057
01:32:24,825 --> 01:32:28,162
>> sorry. I'm also a little bit tired, so

1058
01:32:28,162 --> 01:32:33,562
I apologize. My only issue at this is that

1059
01:32:35,360 --> 01:32:38,973
the 72 hours rule and the 1000-foot movement approach.

1060
01:32:38,973 --> 01:32:42,109
I have some points I want to make clear.

1061
01:32:42,109 --> 01:32:45,146
I liked what you just mentioned in regards to having a permit.

1062
01:32:45,146 --> 01:32:47,982
I think it's a great idea. Other ordinances and other

1063
01:32:47,982 --> 01:32:51,252
cities adopt that as part of it. We want to go back to the

1064
01:32:51,252 --> 01:32:54,655
drawing board and add that, that could be a component, and I

1065
01:32:54,655 --> 01:32:59,590
think it's a great idea. That would provide an avenue.

1066
01:32:59,590 --> 01:33:00,394
we are a family-friendly community.

1067
01:33:00,394 --> 01:33:05,532
I get that. The problem that I have is that

1068
01:33:05,532 --> 01:33:08,669
an individual can bring an rv anywhere, parking for 72 hours,

1069
01:33:08,669 --> 01:33:13,941
move it a thousand feet, weight, and bring it right back and

1070
01:33:13,941 --> 01:33:18,141
continuously do this. Those oversized vehicles never

1071
01:33:18,679 --> 01:33:22,149
leave the street, though. They are going to remained on

1072
01:33:22,149 --> 01:33:25,200
the street. That's a problem.

1073
01:33:25,200 --> 01:33:28,856
if the ordinance is to remove or inhibit the behavior to say, we

1074
01:33:28,856 --> 01:33:31,759
need to put it on private property, or make sure that this

1075
01:33:31,759 --> 01:33:38,165
is a safe venue for residents, all the things mentioned in the

1076
01:33:38,165 --> 01:33:43,565
staff report, adopting a more restrictive ordinance model is

1077
01:33:49,843 --> 01:33:52,113
working well for other communities.

1078
01:33:52,113 --> 01:33:55,115
a 72-hour model does not solve the problem.

1079
01:33:55,115 --> 01:33:57,517
it simply allows oversized vehicles to move from one block

1080
01:33:57,517 --> 01:34:04,117
to another, shifting the burden from one resident to the next.

1081
01:34:04,125 --> 01:34:07,528
it is basically just moving the problem.

1082
01:34:07,528 --> 01:34:09,196
you are not really dealing with the problem.

1083
01:34:09,196 --> 01:34:16,204
the other side of it is that it is even weaker in practice

1084
01:34:16,204 --> 01:34:18,873
because the 72 hour clock doesn't happen until code

1085
01:34:18,873 --> 01:34:21,800
enforcement ppears on the scene, not when it is initially

1086
01:34:21,800 --> 01:34:23,344
reported. We don't have it on the

1087
01:34:23,344 --> 01:34:26,681
weekends, this means those rvs have maybe-2 weeks they might be

1088
01:34:26,681 --> 01:34:32,753
out there depending n staffing, then when they get there they

1089
01:34:32,753 --> 01:34:35,456
might move it and it'll be out for another week to two weeks.

1090
01:34:35,456 --> 01:34:40,930
which is why a permit system would actually be great.

1091
01:34:40,930 --> 01:34:43,179
I'm just trying to ask, why can't we do something like they

1092
01:34:43,179 --> 01:34:45,114
do? Why are we trying to do

1093
01:34:45,114 --> 01:34:47,684
something with the 1000 feet rule and the 72 hours?

1094
01:34:47,684 --> 01:34:50,920
we don't have the staffing. Why can't we model it after

1095
01:34:50,920 --> 01:34:54,223
something that's already proven and working for other

1096
01:34:54,223 --> 01:34:57,823
communities? We want to preserve our

1097
01:35:00,330 --> 01:35:01,197
communities. I don't want to see how these

1098
01:35:01,197 --> 01:35:02,131
vehicles just sitting out on the street.

1099
01:35:02,131 --> 01:35:04,467
it doesn't really resolve the problem.

1100
01:35:04,467 --> 01:35:06,602
I think the lieutenant and the city attorney's office mentioned

1101
01:35:06,602 --> 01:35:11,240
that this was brought orth by communities like fremont,

1102
01:35:11,240 --> 01:35:15,144
possibly stockton, that have these types of ordinances.

1103
01:35:15,144 --> 01:35:18,130
remember, this is not a strict rule.

1104
01:35:18,130 --> 01:35:21,117
our pd educates people for us. It's not like if we had a more

1105
01:35:21,117 --> 01:35:24,554
restrictive ordinance that it would be like, you have to move

1106
01:35:24,554 --> 01:35:26,688
now. They would still have an

1107
01:35:26,688 --> 01:35:29,920
opportunity to educate them. You want to make sure, maybe

1108
01:35:29,920 --> 01:35:32,361
educate them about a pass you can have.

1109
01:35:32,361 --> 01:35:36,865
I'm just hoping we can close this other oophole of the

1110
01:35:36,865 --> 01:35:37,766
individual bouncing on the community.

1111
01:35:37,766 --> 01:35:40,969
they may not even be residents. You might have rvs and

1112
01:35:40,969 --> 01:35:44,706
trailers in the community just kind of migrating around because

1113
01:35:44,706 --> 01:35:48,177
no other community allows that. But tracy will.

1114
01:35:48,177 --> 01:35:52,281
I don't know what that looks like in our single family

1115
01:35:52,281 --> 01:35:54,183
residency homes or outside our apartment communities.

1116
01:35:54,183 --> 01:35:58,287
you name it. Don't think people really

1117
01:35:58,287 --> 01:36:03,870
just wanting a stronger framework, like I said.

1118
01:36:04,594 --> 01:36:05,861
smething like mountain house would be great.

1119
01:36:05,861 --> 01:36:07,930
I've met with a lot of people on your staff and had some debates

1120
01:36:07,930 --> 01:36:10,433
about this. So it's really up to you uys

1121
01:36:10,433 --> 01:36:13,269
about the final decision on this.

1122
01:36:13,269 --> 01:36:15,269
thanks. >> next speaker?

1123
01:36:19,875 --> 01:36:21,477
>> what is the impetus of this ordinance?

1124
01:36:21,477 --> 01:36:25,882
is this coming from the public and feeding through the police?

1125
01:36:25,882 --> 01:36:29,482
can anybody answer? Can ask questions?

1126
01:36:31,421 --> 01:36:34,690
>> I would ask you to spend time to ask all your questions and

1127
01:36:34,690 --> 01:36:37,626
will answer after. >> I want to know him, is it

1128
01:36:37,626 --> 01:36:41,697
downtown only? My next question is, listening

1129
01:36:41,697 --> 01:36:45,868
to this man talk and listening to what he said, he's talking

1130
01:36:45,868 --> 01:36:49,238
about safety, but he's talking about how it looks.

1131
01:36:49,238 --> 01:36:53,242
so my question is, is this targeting the unhoused or is it

1132
01:36:53,242 --> 01:36:57,180
actually a safety issue? My last thing, I agree with him

1133
01:36:57,180 --> 01:36:59,314
100%. It's the stupidest thing I've

1134
01:36:59,314 --> 01:37:01,617
ever heard. You go one place for 72 hours

1135
01:37:01,617 --> 01:37:05,870
and move it, come back to the same place, and you only go

1136
01:37:05,870 --> 01:37:08,657
thousand feet? What exactly are you doing?

1137
01:37:08,657 --> 01:37:13,620
if it's a safety issue, you are one safety hazard to another

1138
01:37:13,620 --> 01:37:15,131
safety hazard? I don't understand.

1139
01:37:15,131 --> 01:37:16,799
if you could explain that, because I agree with this man.

1140
01:37:16,799 --> 01:37:23,339
the way it is written is a truly boggling to me.

1141
01:37:23,339 --> 01:37:24,341
>> thank you. Any additional speakers

1142
01:37:24,341 --> 01:37:29,741
connected to have any online? >> no hands raised online.

1143
01:37:32,548 --> 01:37:35,957
>> with that, I heard three questions I would like to answer

1144
01:37:35,957 --> 01:37:37,892
for us. First, what was the impetus of

1145
01:37:37,892 --> 01:37:40,940
implementing this particular ordinance?

1146
01:37:40,940 --> 01:37:44,332
and second, is this or a particular part of town, down

1147
01:37:44,332 --> 01:37:48,102
town or city wide? Finally, did staff evaluate

1148
01:37:48,102 --> 01:37:51,906
other options and assess their relevance or effectiveness from

1149
01:37:51,906 --> 01:37:56,106
other cities? >> this is a city wide

1150
01:37:56,744 --> 01:37:59,347
ordinance. It would not be a specific

1151
01:37:59,347 --> 01:38:00,447
downtown area or anything like that.

1152
01:38:00,447 --> 01:38:04,719
it covers the whole city. The next question is how this

1153
01:38:04,719 --> 01:38:06,721
came up. It is because of the community

1154
01:38:06,721 --> 01:38:11,525
and also the issues -- we have never had anything for trailers

1155
01:38:11,525 --> 01:38:18,725
or oversized vehicles in our books, so this gives us an extra

1156
01:38:18,933 --> 01:38:22,137
piece to enforce. Right now all we have is 72

1157
01:38:22,137 --> 01:38:25,373
hours. So this gives us extra to

1158
01:38:25,373 --> 01:38:28,876
educate and make sure that people are reasonably moving

1159
01:38:28,876 --> 01:38:34,876
heir vehicles when need. And the third piece was --

1160
01:38:35,820 --> 01:38:37,251
>> other cities. >> yes, we looked at different

1161
01:38:37,251 --> 01:38:41,288
cities, what their ordinances were, and when we looked at it,

1162
01:38:41,288 --> 01:38:43,691
the standard is 72 hours for most cities.

1163
01:38:43,691 --> 01:38:49,960
there are some that are stricter, four hours to 24 ho

1164
01:38:49,960 --> 01:38:53,868
24 hours. And the balance for our city, a

1165
01:38:53,868 --> 01:39:00,708
good model for our city. We want to make sure they are

1166
01:39:00,708 --> 01:39:03,310
also accessible to the individuals who want to get

1167
01:39:03,310 --> 01:39:05,710
their vehicle. >> thank you.

1168
01:39:05,947 --> 01:39:08,347
additional discussion or qestions?

1169
01:39:08,383 --> 01:39:11,686
mayor pro tem? >> can you also address the

1170
01:39:11,686 --> 01:39:13,921
concern about the bouncing back and forth?

1171
01:39:13,921 --> 01:39:19,600
>> yes, the extra piece to this, they do get moved 1000 feet, but

1172
01:39:19,600 --> 01:39:21,863
they are not supposed to come back in those 24 hours.

1173
01:39:21,863 --> 01:39:24,465
they are supposed to move to another area.

1174
01:39:24,465 --> 01:39:27,869
that is one of the pieces to this, to make sure they are not

1175
01:39:27,869 --> 01:39:30,738
returning to the same place, which we did not have before

1176
01:39:30,738 --> 01:39:33,841
ith the regular 72 r ordinance we have in place now.

1177
01:39:33,841 --> 01:39:37,679
>> what would be the penalty if that occurred, if a person moved

1178
01:39:37,679 --> 01:39:43,790
ounce back? Feet and then they would be towed?

1179
01:39:44,652 --> 01:39:51,526
>> we have the option to tell, educate, the option to cite, and

1180
01:39:51,526 --> 01:39:56,830
if it is an offender who keeps doing this, cease and desist.

1181
01:39:56,830 --> 01:40:02,830
>> another question, if we put this into play tonight, when

1182
01:40:02,837 --> 01:40:07,241
enforcement can start, it would also allow us or allow you to

1183
01:40:07,241 --> 01:40:12,113
evaluate and possibly come back -- people are abusing it,

1184
01:40:12,113 --> 01:40:17,513
to either extend or reduce the number of hours.

1185
01:40:17,985 --> 01:40:22,857
is that correct? >> we will analyze how it is

1186
01:40:22,857 --> 01:40:26,270
working, yes. Our goal first is the 30-day

1187
01:40:26,270 --> 01:40:29,680
education to make sure the residents know and then start

1188
01:40:29,680 --> 01:40:31,415
enforcing. We would start making sure that

1189
01:40:31,415 --> 01:40:36,815
they know what to do. >> if we requested changes

1190
01:40:37,855 --> 01:40:40,492
tonight, then nothing happens because you guys would have to

1191
01:40:40,492 --> 01:40:43,428
come back with a new ordinance and we would have to start the

1192
01:40:43,428 --> 01:40:48,228
process over, is that correct? >> that is correct.

1193
01:40:48,365 --> 01:40:50,435
>> thank you. >> any additional?

1194
01:40:50,435 --> 01:40:52,503
councilmember evans? >> I have met with mr. Mickey

1195
01:40:52,503 --> 01:40:55,373
and we talk this through, and I understand where you're coming

1196
01:40:55,373 --> 01:40:57,410
from now. I get it.

1197
01:40:57,410 --> 01:41:01,245
we have seen things happen in other cities, neighboring

1198
01:41:01,245 --> 01:41:05,917
cities, and I think we want to avoid that situation up front if

1199
01:41:05,917 --> 01:41:10,717
we can. Very much a proponent of that,

1200
01:41:10,722 --> 01:41:13,590
without getting into too many details.

1201
01:41:13,590 --> 01:41:15,526
looking at some other neighboring cities,

1202
01:41:15,526 --> 01:41:18,329
understanding they don't have a minimum distance, I guess I am

1203
01:41:18,329 --> 01:41:22,667
trying o determine, do you know what their thought process is on

1204
01:41:22,667 --> 01:41:24,902
that? We have a minimum distance of a

1205
01:41:24,902 --> 01:41:29,102
thousand feet, they have no minimum distance.

1206
01:41:29,207 --> 01:41:32,477
are they expecting the vehicle to move out of the city at that

1207
01:41:32,477 --> 01:41:35,279
point or onto private property? Is it one or the other?

1208
01:41:35,279 --> 01:41:39,283
or if somebody picks up and moves -- I'm asking a question

1209
01:41:39,283 --> 01:41:43,154
about other cities, but do we think somebody moves 100 feet,

1210
01:41:43,154 --> 01:41:46,900
that they are okay and they can stay there and move again?

1211
01:41:46,900 --> 01:41:49,930
is that how their ordinances are built?

1212
01:41:49,930 --> 01:41:55,766
>> I ca can't speak for other cities, but the goal for us is

1213
01:41:55,766 --> 01:41:58,936
giving an opportunity to make sure they are not having it in

1214
01:41:58,936 --> 01:42:02,840
one place as a storage area. That is our ultimate goal.

1215
01:42:02,840 --> 01:42:07,145
some cities are strict and they don't have any exception for any

1216
01:42:07,145 --> 01:42:12,249
trailers on streets, but I don't think that is fair for our city.

1217
01:42:12,249 --> 01:42:16,254
we thought the 72 hours, moving it to a certain location where

1218
01:42:16,254 --> 01:42:19,900
the resident still has access, especially if they've gone to

1219
01:42:19,900 --> 01:42:21,593
vacation or something were to happen in an emergency, it is

1220
01:42:21,593 --> 01:42:25,730
still in their area so they can move it.

1221
01:42:25,730 --> 01:42:28,399
>> thank you for that. I think the way I'm reading it,

1222
01:42:28,399 --> 01:42:33,270
I think our ordinance is a little more stringent than elk

1223
01:42:33,270 --> 01:42:38,670
grove or livermore. I think I like the thousand

1224
01:42:40,445 --> 01:42:41,879
feet. It's not going to catch

1225
01:42:41,879 --> 01:42:45,750
everything, it's not going to solve the problem.

1226
01:42:45,750 --> 01:42:50,988
I like the permit idea. I think we should take a look at

1227
01:42:50,988 --> 01:42:54,691
that, as well. But I think I am in support of

1228
01:42:54,691 --> 01:42:57,362
supporting this now and evaluating and returning with

1229
01:42:57,362 --> 01:42:59,762
potentially more robust ordinance.

1230
01:43:00,970 --> 01:43:04,902
but I would like to get this in play and get it done for now and

1231
01:43:04,902 --> 01:43:06,704
move forward. I think there is more that can

1232
01:43:06,704 --> 01:43:10,241
be done with this but it's a good start.

1233
01:43:10,241 --> 01:43:13,100
>> thank you, councilmember. Lieutenant, that would be my

1234
01:43:13,100 --> 01:43:17,148
comment, as well, similarly to how we assessed and amended the

1235
01:43:17,148 --> 01:43:19,791
fireworks prosecution ordinance. I would ask you implement this,

1236
01:43:19,791 --> 01:43:23,661
give it six months, then come back to council and see how it's

1237
01:43:23,661 --> 01:43:27,866
going and if there are additional requests for

1238
01:43:27,866 --> 01:43:28,933
stringency. Council, any additional

1239
01:43:28,933 --> 01:43:30,735
discussions? With that I'll entertain a

1240
01:43:30,735 --> 01:43:34,272
motion. >> a motion to approve 3w.

1241
01:43:34,272 --> 01:43:36,408
>> second. >> we have a first and second.

1242
01:43:36,408 --> 01:43:40,145
roll call, please. >> mayor pro tem abercrombie?

1243
01:43:40,145 --> 01:43:42,545
>> yes. >> council member evans?

1244
01:43:43,281 --> 01:43:45,281
>> yes. >> councilmember bedolla?

1245
01:43:47,352 --> 01:43:49,352
>> yes. >> councilmember nygard?

1246
01:43:51,956 --> 01:43:52,958
>> yes. >> mayor arriola?

1247
01:43:52,958 --> 01:43:54,958
>> yes. >> this passes.

1248
01:43:56,661 --> 01:44:00,499
this is for any item that is not on tonight's agenda.

1249
01:44:00,499 --> 01:44:05,670
just a highlight, the council is limited to how we can respond to

1250
01:44:05,670 --> 01:44:08,540
items that are not on the agenda from the government code.

1251
01:44:08,540 --> 01:44:10,909
can I please see hands raised for anyone who would like to

1252
01:44:10,909 --> 01:44:16,909
speak on a nonagenda item? Do you have any online?

1253
01:44:18,917 --> 01:44:21,720
>> no hands on line. >> with that, it will b

1254
01:44:21,720 --> 01:44:26,520
be 4 minutes for whoever would like to start.

1255
01:44:32,130 --> 01:44:37,530
>> mine is real quick. I think chief middleton was

1256
01:44:38,670 --> 01:44:40,872
here, and I want to thank the police department.

1257
01:44:40,872 --> 01:44:45,877
a couple weeks ago, maybe three weeks ago, there was a big issue

1258
01:44:45,877 --> 01:44:51,877
with young boys riding their bikes through gwen o mcglynn

1259
01:44:54,190 --> 01:44:56,621
breyer, edgewood, and -- actually I was on my way

1260
01:44:56,621 --> 01:45:02,940
here when I saw all these police officers with the trailer, confg

1261
01:45:02,940 --> 01:45:07,640
the bikes. Which to me was a blessing in

1262
01:45:07,640 --> 01:45:11,102
disguise, because I would rather see that then -- I would rather

1263
01:45:11,102 --> 01:45:16,908
see a parent pickup a bike then go to the morgue or go to the

1264
01:45:16,908 --> 01:45:19,644
hospital with a child being hurt or killed.

1265
01:45:19,644 --> 01:45:23,470
just recently, last week I was coming home and I stopped right

1266
01:45:23,470 --> 01:45:27,852
there in front, and this whole group of kids came through

1267
01:45:27,852 --> 01:45:29,855
again. Right in the middle of the

1268
01:45:29,855 --> 01:45:33,458
street, no helmets. Luckily I always stopped, but if

1269
01:45:33,458 --> 01:45:36,595
it is somebody not from the city -- we have allowed people

1270
01:45:36,595 --> 01:45:39,731
to run stop signs, and we would have had a bad accident.

1271
01:45:39,731 --> 01:45:41,801
I mentioned it to the chief when he was here earlier, they're

1272
01:45:41,801 --> 01:45:46,938
going to continue -- we have to be consistent.

1273
01:45:46,938 --> 01:45:51,309
they're going to do it. So I'm really thankful for that.

1274
01:45:51,309 --> 01:45:54,790
I don't know the other parts of tracy where it still happening,

1275
01:45:54,790 --> 01:45:59,618
but I know it is starting up again, glenn breyer, edgewood,

1276
01:45:59,618 --> 01:46:01,753
and all the way back. They are going to continue doing

1277
01:46:01,753 --> 01:46:05,657
that, and I'm glad to see that, because a lot of them do not

1278
01:46:05,657 --> 01:46:07,859
have helmets and they are in the middle of the street.

1279
01:46:07,859 --> 01:46:11,482
so I want to thank the chief and our police officers for doing

1280
01:46:11,482 --> 01:46:13,584
their work. Thank you.

1281
01:46:13,584 --> 01:46:18,121
>> thank you, ms. English. Do we have the microphone for

1282
01:46:18,121 --> 01:46:23,521
mr. Healy? >> to the bike comment, I say to

1283
01:46:33,470 --> 01:46:35,873
the kids bike life and continue to rebel.

1284
01:46:35,873 --> 01:46:39,677
on the parking issue, that was clearly a targeting and not a

1285
01:46:39,677 --> 01:46:44,882
safety issue, and the answer to that is do what san jose does,

1286
01:46:44,882 --> 01:46:47,417
and other communities, and provide safe parking to the

1287
01:46:47,417 --> 01:46:50,386
unhouse and not found a way to clamp down on them.

1288
01:46:50,386 --> 01:46:52,356
be honest, it's not a safety issue.

1289
01:46:52,356 --> 01:46:55,892
I don't have a problem with what the thing was, but just be

1290
01:46:55,892 --> 01:46:58,950
honest with people. It was targeting and it's not a

1291
01:46:58,950 --> 01:47:03,495
safety issue. Don't let that guy b.s. You.

1292
01:47:04,501 --> 01:47:09,106
I was clowned because I was told it was dressed like abercrombie

1293
01:47:09,106 --> 01:47:13,906
night. Anyway, I offered him to make a

1294
01:47:17,147 --> 01:47:21,985
public apology to how his goons have treated me over the years

1295
01:47:21,985 --> 01:47:25,689
but he has declined so far. Let's get to what I want to talk

1296
01:47:25,689 --> 01:47:29,259
about. I have sent council a plethora

1297
01:47:29,259 --> 01:47:31,528
of unresolved issues I have had with particularly the

1298
01:47:31,528 --> 01:47:33,997
transportation department. I wish to thank councilmember

1299
01:47:33,997 --> 01:47:36,400
dan for acknowledging me and sitting down serendipitously

1300
01:47:36,400 --> 01:47:41,271
with me for a short discussion. I wish to thank the

1301
01:47:41,271 --> 01:47:43,673
councilmember who appears to have taken a proactive interest

1302
01:47:43,673 --> 01:47:45,475
in the plethora of issues I presented.

1303
01:47:45,475 --> 01:47:51,849
I wish to thank him, pretty myopic, for his message pay but

1304
01:47:51,849 --> 01:47:56,649
as citizen shepherd, asking the sheep for addressing

1305
01:47:56,787 --> 01:47:59,889
grievance from wolves is the wrong answer.

1306
01:47:59,889 --> 01:48:04,895
I got a lot of fish to fry. To the city management, hello,

1307
01:48:04,895 --> 01:48:09,695
does this work? >> it is working, mr. Healy.

1308
01:48:12,302 --> 01:48:14,905
>> you know, for years it bothered me that city never

1309
01:48:14,905 --> 01:48:17,600
hired upper management from within.

1310
01:48:17,600 --> 01:48:22,514
I was very optimistic when you hired him after the fiasco.

1311
01:48:22,514 --> 01:48:27,250
and the mess the city is in, as well as the lack of

1312
01:48:27,250 --> 01:48:29,987
acknowledgment of severe operational employee issues has

1313
01:48:29,987 --> 01:48:31,988
meet rethinking my previous belief.

1314
01:48:31,988 --> 01:48:34,230
I'm not going to repeat my issues.

1315
01:48:34,230 --> 01:48:36,527
I am asking the council to initiate an investigation, liver

1316
01:48:36,527 --> 01:48:40,531
does it. I also want to thank the new

1317
01:48:40,531 --> 01:48:45,931
leadership for reaching out to me, evaluate findings, produce

1318
01:48:45,969 --> 01:48:47,471
findings with transparency and accountability.

1319
01:48:47,471 --> 01:48:49,540
basically, if you leave it in the hands of the city employees,

1320
01:48:49,540 --> 01:48:54,940
it's going nowhere. I would like an investigation of

1321
01:48:58,949 --> 01:49:03,429
inappropriate behavior as a service provided to the city of

1322
01:49:03,429 --> 01:49:09,429
tracy, recommend his removal from transit here in tracy, a

1323
01:49:10,690 --> 01:49:13,172
contract review for violations and the highest, stiffest

1324
01:49:13,172 --> 01:49:17,372
penalty up to and including contract cancellation.

1325
01:49:17,443 --> 01:49:22,243
with an eye toward smooth, transparent transition, example

1326
01:49:24,917 --> 01:49:25,985
12/31/26. This irregularity to be

1327
01:49:25,985 --> 01:49:30,550
investigated. I can provide the mtm employees

1328
01:49:30,550 --> 01:49:33,325
involved. This should be transparent to

1329
01:49:33,325 --> 01:49:36,196
disclose where the missing gift went, they should be censured

1330
01:49:36,196 --> 01:49:40,766
for unprofessional conduct. And return the monetary value of

1331
01:49:40,766 --> 01:49:46,166
the gifts given to them. City employees, the recent

1332
01:49:47,539 --> 01:49:52,939
actions of these employees along with never-ending and continuous

1333
01:49:52,945 --> 01:49:58,345
nonverbal hate of city employees and demonstrated utter failure,

1334
01:49:59,318 --> 01:50:03,220
they have cultivated and enabled a hateful, unprofessional, and

1335
01:50:03,220 --> 01:50:06,622
terminally sick culture and tracy citizens.

1336
01:50:07,930 --> 01:50:11,731
this must be addressed by the council of parties completely

1337
01:50:11,731 --> 01:50:14,330
responsible and accountable to te council and people of tracy.

1338
01:50:14,330 --> 01:50:17,636
I have stated on numerous occasions I accept the city

1339
01:50:17,636 --> 01:50:21,173
judgment. I will not accept or tolerate

1340
01:50:21,173 --> 01:50:23,909
their hateful, disrespectful, and unfair actions.

1341
01:50:23,909 --> 01:50:28,180
the citizens of tracy -- to the citizens of tracy I say, no

1342
01:50:28,180 --> 01:50:31,500
more. You don't have to tolerate

1343
01:50:31,500 --> 01:50:31,984
unprofessional behavior or performance.

1344
01:50:31,984 --> 01:50:34,520
stick I'm sorry, your time has lapsed.

1345
01:50:34,520 --> 01:50:36,856
>> and don't let them try to ignore or outlast you.

1346
01:50:36,856 --> 01:50:41,126
we are the city and they re the hired help.

1347
01:50:41,126 --> 01:50:43,462
>> thank you, mr. Healy. Next speaker, please.

1348
01:50:43,462 --> 01:50:46,665
seeing no additional speakers, do you have any online?

1349
01:50:46,665 --> 01:50:49,935
>> no hands raised online, and they are.

1350
01:50:49,935 --> 01:50:52,605
>> we will close out items from the audience.

1351
01:50:52,605 --> 01:50:54,406
that brings us to public hearings.

1352
01:50:54,406 --> 01:51:00,746
we will begin with item 5a, related to compliance with state

1353
01:51:00,746 --> 01:51:03,683
requirements for the housing element.

1354
01:51:03,683 --> 01:51:06,683
staff report, please. >> slide presentation.

1355
01:51:18,764 --> 01:51:21,566
good evening, mayor and city council members.

1356
01:51:21,566 --> 01:51:25,166
kenny lipich. Tonight's item represents the

1357
01:51:28,240 --> 01:51:32,478
final major implementation step of the city's adopted housing

1358
01:51:32,478 --> 01:51:33,578
element. Staff is requesting approval of

1359
01:51:33,578 --> 01:51:38,378
the proposed rezones, plan amendments, and certification of

1360
01:51:40,319 --> 01:51:44,519
environment impact report. As discussed, this contains

1361
01:51:45,124 --> 01:51:49,600
related action tems, the rezoning of the opportunity

1362
01:51:49,600 --> 01:51:50,663
sites to high density residential and mixed-use as

1363
01:51:50,663 --> 01:51:54,267
well as updating the general plan to maintain consistency

1364
01:51:54,267 --> 01:51:58,157
with the proposed zoning and incorporate required state

1365
01:51:58,157 --> 01:52:01,494
mandated amendments. In addition we are amending

1366
01:52:01,494 --> 01:52:05,832
plans to eliminate conflicts with the element implantation

1367
01:52:05,832 --> 01:52:12,432
and certifying the report. Just to give a little bit of

1368
01:52:13,105 --> 01:52:16,410
background for the project, in july of 2025 city council

1369
01:52:16,410 --> 01:52:18,441
adopted the 2023 2031 housing element.

1370
01:52:23,249 --> 01:52:29,249
we issued a tentative compliance letter for the housing element,

1371
01:52:29,389 --> 01:52:34,189
identifying the completion as a remaining limitation require

1372
01:52:34,960 --> 01:52:37,930
requirement. Approval of tonight's eitan will

1373
01:52:37,930 --> 01:52:42,334
complete the rezone program and position the city to obtain

1374
01:52:42,334 --> 01:52:45,334
final determination of substantial compliance.

1375
01:52:47,874 --> 01:52:53,874
for step for the rezones, the proposed rezones of 187 parcels,

1376
01:52:54,347 --> 01:52:59,747
the majority of which were housing element inventory, these

1377
01:53:00,352 --> 01:53:04,757
are to become high density residential and ixed-use.

1378
01:53:04,757 --> 01:53:11,957
on the slide you can see the exhibit on the right-hand side,

1379
01:53:13,232 --> 01:53:17,804
grids 1, 2, 3, and 4. If we go on to the next slide

1380
01:53:17,804 --> 01:53:23,308
you'll see the areas zoomed in. Grid one is the northwest

1381
01:53:23,308 --> 01:53:28,708
portion of tracy, grid 2 is the northeast, and then

1382
01:53:31,684 --> 01:53:37,684
grid 3 being southwest tracy an. For the site inventory, these

1383
01:53:43,529 --> 01:53:46,399
help establish a residential developing capacity but they do

1384
01:53:46,399 --> 01:53:49,680
not approve any specific development projects.

1385
01:53:49,680 --> 01:53:51,838
so these naps are illustrating the geographic distribution of

1386
01:53:51,838 --> 01:53:53,338
the proposed rezone throughout the city.

1387
01:53:53,338 --> 01:53:58,110
the sites are located in multiple areas and include

1388
01:53:58,110 --> 01:54:00,800
vacant, underutilized, and redevelopment properties

1389
01:54:00,800 --> 01:54:03,680
identified during the housing element process.

1390
01:54:04,250 --> 01:54:07,186
looking forward to the general plan amendments, the proposed

1391
01:54:07,186 --> 01:54:10,289
general plan amended is to update the land use designations

1392
01:54:10,289 --> 01:54:15,660
to maintain consistency with the proposed rezonings for the 187

1393
01:54:15,660 --> 01:54:20,460
opportunity sites, consistent with proposed rezoning we saw

1394
01:54:24,437 --> 01:54:28,370
before. In addition, for the general

1395
01:54:28,841 --> 01:54:32,845
plan amendments, this includes updates to the land-use element,

1396
01:54:32,845 --> 01:54:34,880
circulation element, safety element, and environmental

1397
01:54:34,880 --> 01:54:39,680
justice element. For land use, it was proposed.

1398
01:54:41,453 --> 01:54:45,657
circulation, updates to senate bill 743 for vehicle miles

1399
01:54:45,657 --> 01:54:48,404
traveled, safety element, the state periodically requires us

1400
01:54:48,404 --> 01:54:53,204
to include policies related to flooding, wildfire, emergency

1401
01:54:53,442 --> 01:54:55,911
evacuation, and climate, and last but not least, the

1402
01:54:55,911 --> 01:55:00,350
environment of justice element. This is a new policy required

1403
01:55:00,350 --> 01:55:04,420
under sb1000 to address health equity, environmental impacts,

1404
01:55:04,420 --> 01:55:07,156
and community needs in disadvantaged areas.

1405
01:55:07,156 --> 01:55:11,828
for the specific plan amendments, we did these to

1406
01:55:11,828 --> 01:55:14,697
ensure that existing specific plan provisions do not conflict

1407
01:55:14,697 --> 01:55:19,101
with the proposed onings of the housing element implantation.

1408
01:55:19,101 --> 01:55:21,838
where inconsistencies exist, the general plan in the tracy

1409
01:55:21,838 --> 01:55:25,438
municipal code would govern future development.

1410
01:55:25,808 --> 01:55:29,979
for this project, and environmental impact report was

1411
01:55:29,979 --> 01:55:35,785
prepared in accordance with ceqa to identify the impossible in

1412
01:55:35,785 --> 01:55:38,121
marital effects. This is intended to nform

1413
01:55:38,121 --> 01:55:40,324
decision makers and inform the public of environmental impacts

1414
01:55:40,324 --> 01:55:45,124
and mitigation measures. That's a brief overview picture

1415
01:55:45,461 --> 01:55:47,830
of the process we go through, and we will go into more detail

1416
01:55:47,830 --> 01:55:51,434
on the next slide. For the environmental review for

1417
01:55:51,434 --> 01:55:56,834
this environment impact report, we started with the included

1418
01:55:57,340 --> 01:56:02,145
public scoping, circulation of the draft eir, public review,

1419
01:56:02,145 --> 01:56:04,747
response to comments, and preparation of the final eir.

1420
01:56:04,747 --> 01:56:08,751
we did go to planning commission public hearing on june 10th, and

1421
01:56:08,751 --> 01:56:12,351
city council public hearing for tonight.

1422
01:56:13,456 --> 01:56:18,394
topics that were studied in the 2026 draft eir, this is seven up

1423
01:56:18,394 --> 01:56:21,464
on the board. All required environment of

1424
01:56:21,464 --> 01:56:26,864
resource areas in accordance with ceqa, the technical study

1425
01:56:27,270 --> 01:56:29,972
support analysis is included in the final eir in the appendices.

1426
01:56:29,972 --> 01:56:34,172
for significant unavoidable impacts, there was one

1427
01:56:34,643 --> 01:56:37,580
identified as the project's only significant unavoidable impact,

1428
01:56:37,580 --> 01:56:40,117
and that is transportation. All feasible mitigation measures

1429
01:56:40,117 --> 01:56:44,587
have been incorporated and approval of the project requires

1430
01:56:44,587 --> 01:56:49,158
adoption of the findings of fact and a statement of overriding

1431
01:56:49,158 --> 01:56:52,158
consideration. Finally, the eir includes

1432
01:56:52,461 --> 01:56:56,132
responses to all comments received on the draft eir,

1433
01:56:56,132 --> 01:56:59,802
revisions where appropriate, and the final mitigation monitoring

1434
01:56:59,802 --> 01:57:02,805
and reporting program. Staff recommends that the

1435
01:57:02,805 --> 01:57:05,408
city council certified the environmental impact report and

1436
01:57:05,408 --> 01:57:07,743
adopt the associated ceqa findings, approve the general

1437
01:57:07,743 --> 01:57:12,481
plan amendments, waive the first reading, and introduce ordinance

1438
01:57:12,481 --> 01:57:15,651
rezoning per plan amendments. Collectively, these actions

1439
01:57:15,651 --> 01:57:18,755
maintain consistency among the city's planning documents and

1440
01:57:18,755 --> 01:57:22,492
enables the city to submit for housing element compliance

1441
01:57:22,492 --> 01:57:24,861
consideration by hcd. That concludes the presentation

1442
01:57:24,861 --> 01:57:28,300
and staff is available to answer any questions.

1443
01:57:28,300 --> 01:57:29,899
>> thank you. With that I will go ahead and

1444
01:57:29,899 --> 01:57:32,501
open the public hearing at 8:44 p.m.

1445
01:57:32,501 --> 01:57:36,701
do you have any pull preliminay questions?

1446
01:57:38,507 --> 01:57:40,243
seeing then, we'll go out for public comment.

1447
01:57:40,243 --> 01:57:44,781
would any members of the public like to speak on item 5a?

1448
01:57:44,781 --> 01:57:47,450
seeing none in chambers, any online?

1449
01:57:47,450 --> 01:57:52,656
>> we have one speaker card. >> go ahead and proceed.

1450
01:57:52,656 --> 01:57:56,256
>> dennis wilson? >> good evening, mayor arriola,

1451
01:58:05,535 --> 01:58:07,537
council members. Dennis wilson.

1452
01:58:07,537 --> 01:58:11,275
I am the principal lanner of horizon consulting in modesto,

1453
01:58:11,275 --> 01:58:16,675
california, and I represent maya vmf llc, developers and

1454
01:58:20,149 --> 01:58:23,149
operators of hispanic food markets.

1455
01:58:23,253 --> 01:58:28,653
in fact, they currently operate -- they have rehabbed

1456
01:58:29,492 --> 01:58:33,262
three existing buildings into supermarkets here in tracy.

1457
01:58:33,262 --> 01:58:36,600
so they are very familiar with tracy.

1458
01:58:36,600 --> 01:58:41,904
they purchased 3.2-acre parcel at the northwest corner of

1459
01:58:41,904 --> 01:58:47,904
macarthur and mount diablo. The broker brought them here to

1460
01:58:47,911 --> 01:58:54,451
the city of tracy to determine, do their due diligence, and find

1461
01:58:54,451 --> 01:58:57,654
out what the current zoning was for this site.

1462
01:58:57,654 --> 01:59:03,540
they understood it was neighborhood hopping, n.s., but

1463
01:59:04,610 --> 01:59:08,665
they wanted to make sure, which is part of the due diligence.

1464
01:59:08,665 --> 01:59:15,265
so, in september -- actually, they came in july of 2025, and

1465
01:59:15,806 --> 01:59:20,177
they were told that it was zoned neighborhood shopping.

1466
01:59:20,177 --> 01:59:25,810
in september, they went ahead and closed escrow on the

1467
01:59:25,810 --> 01:59:28,685
3.2 acres, and shortly after I was retained to help them

1468
01:59:28,685 --> 01:59:34,685
through the planning process, and learned that the project was

1469
01:59:37,160 --> 01:59:40,760
part of this 196-acre parcel rezones.

1470
01:59:43,767 --> 01:59:47,367
they purchased it without knowing that.

1471
01:59:48,838 --> 01:59:51,908
anyway, to make it short, we have been working very

1472
01:59:51,908 --> 01:59:56,379
diligently with planning staff, they have been a great help in

1473
01:59:56,379 --> 02:00:01,317
removing the two parcels they bought from the 196 parcels that

1474
02:00:01,317 --> 02:00:07,256
are being rezoned, and we are here tonight to just make sure

1475
02:00:07,256 --> 02:00:12,495
that council understood why we were being removed and widely

1476
02:00:12,495 --> 02:00:15,565
asked to be removed. And I am here to answer any

1477
02:00:15,565 --> 02:00:20,365
questions you might have. >> thank you, mr. Wilson.

1478
02:00:21,871 --> 02:00:25,274
do we have any additional speakers?

1479
02:00:25,274 --> 02:00:28,277
>> I have no hands raised online, and they are.

1480
02:00:28,277 --> 02:00:32,460
>> with that, I will close the public comment portion in the

1481
02:00:32,460 --> 02:00:37,860
public hearing at 8:47 p.m. Returning to council for

1482
02:00:38,233 --> 02:00:41,503
discussion and/or motion. >> I'm going to make a motion to

1483
02:00:41,503 --> 02:00:44,172
adopt resolution certifying an environmental impact report,

1484
02:00:44,172 --> 02:00:48,972
state clearinghouse number 202-406-0665, and adopting a

1485
02:00:51,646 --> 02:00:55,846
mitigation monitoring and reporting program, findings of

1486
02:00:56,510 --> 02:00:58,986
fact, and a statement of overriding considerations for

1487
02:00:58,986 --> 02:01:01,490
the housing element implementation project,

1488
02:01:01,490 --> 02:01:05,327
including rezoning, specific plan amendment, and general plan

1489
02:01:05,327 --> 02:01:08,130
amendment pursuant to the california environmental quality

1490
02:01:08,130 --> 02:01:08,930
act. >> second.

1491
02:01:08,930 --> 02:01:14,330
>> we have a first and second. Roll call, please.

1492
02:01:15,700 --> 02:01:18,700
>> mayor pro tem abercrombie? >> yes.

1493
02:01:18,540 --> 02:01:20,275
>> councilmember evans? >> yes.

1494
02:01:20,275 --> 02:01:22,275
>> councilmember bedolla? >> yes.

1495
02:01:23,345 --> 02:01:25,345
>> councilmember nygard? >> yes.

1496
02:01:26,881 --> 02:01:28,283
>> and mayor arriola? >> yes.

1497
02:01:28,283 --> 02:01:34,222
>> I make a motion to update land use designations for the

1498
02:01:34,222 --> 02:01:37,250
housing element opportunity sites, and approving a general

1499
02:01:37,250 --> 02:01:42,130
plan amendment to update the land use, safety, circulation,

1500
02:01:42,130 --> 02:01:44,766
and creation of a new environmental justice element.

1501
02:01:44,766 --> 02:01:47,369
>> second. >> we have a first and second.

1502
02:01:47,369 --> 02:01:51,569
roll call, please. >> mayor pro tem abercrombie?

1503
02:01:52,440 --> 02:01:54,109
>> yes. >> councilmember evans?

1504
02:01:54,109 --> 02:01:56,109
>> yes. >> councilmember bedolla?

1505
02:01:58,790 --> 02:01:59,181
>> yes. >> councilmember nygard?

1506
02:01:59,181 --> 02:02:00,382
>> yes. >> mayor arriola?

1507
02:02:00,382 --> 02:02:02,500
>> yes. Madame clerk, would you please

1508
02:02:02,500 --> 02:02:05,987
read the title of the proposed ordinance?

1509
02:02:05,987 --> 02:02:10,225
>> rezoning the housing element opportunity sites to implement

1510
02:02:10,225 --> 02:02:14,229
the 2023-2031 housing element and mending the industrial

1511
02:02:14,229 --> 02:02:19,290
areas specific plan, I-205 corridor specific plan, and

1512
02:02:19,200 --> 02:02:23,939
tracy hills specific plan. >> motion to waive the first

1513
02:02:23,939 --> 02:02:26,641
reading by substitution of the title and introduce the

1514
02:02:26,641 --> 02:02:27,476
ordinance? >> second.

1515
02:02:27,476 --> 02:02:31,679
>> we have a first and second. Roll call, please.

1516
02:02:31,679 --> 02:02:34,616
>> mayor pro tem abercrombie? >> yes.

1517
02:02:34,616 --> 02:02:36,616
>> councilmember evans? >> yes.

1518
02:02:37,152 --> 02:02:39,152
>> councilmember bedolla? >> yes.

1519
02:02:41,956 --> 02:02:44,426
>> the item passes. We look forward to be compliant

1520
02:02:44,426 --> 02:02:46,761
with the housing element and thank you to our businesses for

1521
02:02:46,761 --> 02:02:52,161
working with us. Next up, that brings us to

1522
02:02:54,302 --> 02:02:58,730
item 5b, which is related to policy on business-friendly

1523
02:02:58,730 --> 02:03:01,730
parking requirements. Staff report, please.

1524
02:03:11,786 --> 02:03:13,550
>> hello. Thank you for getting the

1525
02:03:13,550 --> 02:03:15,924
powerpoint up. My name is breanna alamilla, and

1526
02:03:15,924 --> 02:03:19,327
I am with the planning division in community and economic

1527
02:03:19,327 --> 02:03:21,463
development, and I'm here tonight to talk about the

1528
02:03:21,463 --> 02:03:23,863
shopping center parking amendments.

1529
02:03:24,868 --> 02:03:30,730
tonight we are proposing amendments to two articles in

1530
02:03:30,730 --> 02:03:34,273
the zoning code, article 2, definitions, and article 26,

1531
02:03:34,277 --> 02:03:38,181
off-street parking requirements. We are also proposing amendments

1532
02:03:38,181 --> 02:03:43,686
to three specific plans, the cordes ranch specific plan, the

1533
02:03:43,686 --> 02:03:46,890
I-205 corridor specific plan, and the residential areas

1534
02:03:46,890 --> 02:03:49,960
specific plan. The reason we are bringing this

1535
02:03:49,960 --> 02:03:52,562
project here tonight is to propose an amendment to reduce

1536
02:03:52,562 --> 02:03:57,962
the parking requirement to one parking space per 350 square

1537
02:03:58,368 --> 02:04:03,106
feet of gross floor area. Currently, commercial and office

1538
02:04:03,106 --> 02:04:07,430
uses require one space per 250 feet square area.

1539
02:04:07,430 --> 02:04:11,314
this change would apply in zones that allow commercial uses and

1540
02:04:11,314 --> 02:04:14,914
areas within the three specific plans.

1541
02:04:16,186 --> 02:04:21,580
the reason we are proposing this amendment is to implement the

1542
02:04:21,580 --> 02:04:25,795
sustainability action plan, measure t2, to reduce parking

1543
02:04:25,795 --> 02:04:30,595
requirements, and also to support the 2025-2027 strategic

1544
02:04:31,468 --> 02:04:33,700
priorities, specifically to enhance the city's reputation as

1545
02:04:33,700 --> 02:04:38,470
a business friendly city. The definition does not exist

1546
02:04:39,420 --> 02:04:44,147
currently in our municipal code for shopping centers, so staff

1547
02:04:44,147 --> 02:04:46,149
is proposing a new definition to ensure consistency in

1548
02:04:46,149 --> 02:04:50,153
implementing this new amendment. Staff is proposing the

1549
02:04:50,153 --> 02:04:54,900
definition of "a group of three or more consumer service and

1550
02:04:54,900 --> 02:04:56,860
retail trade establishments, including any other commercial

1551
02:04:56,860 --> 02:05:00,997
uses allowed in the zone, on a single or contiguous parcels,

1552
02:05:00,997 --> 02:05:05,797
developed with shared parking and vehicle/pedestrian access."

1553
02:05:06,236 --> 02:05:12,236
these amendments are exempt from ceqa pursuant to section 150-53,

1554
02:05:18,140 --> 02:05:21,718
and the staff and planning commission are recommending

1555
02:05:21,718 --> 02:05:24,870
city council introduce the ordinances amending the tracy

1556
02:05:24,870 --> 02:05:26,856
municipal code and specific plans and adopt resolution

1557
02:05:26,856 --> 02:05:31,560
determining that this is exempt from ceqa.

1558
02:05:32,162 --> 02:05:34,931
this concludes the presentation. Thank you.

1559
02:05:34,931 --> 02:05:36,732
>> I do have one preliminary question.

1560
02:05:36,732 --> 02:05:40,670
the staffing report stated the impetus behind this was

1561
02:05:40,670 --> 02:05:46,670
challenges with the application for dutch bros in the former

1562
02:05:47,877 --> 02:05:51,347
big lots parking center. Will this allow that to proceed

1563
02:05:51,347 --> 02:05:54,750
forward in addition to the site that has already been supported

1564
02:05:54,750 --> 02:05:56,820
downtown? >> the site downtown, the

1565
02:05:56,820 --> 02:05:59,880
parking is fine. The cement and cement is already

1566
02:05:59,880 --> 02:06:04,494
being brought forward, as you mentioned, because of the dutch

1567
02:06:04,494 --> 02:06:07,230
bros proposed in the big lots parking lot, and this change

1568
02:06:07,230 --> 02:06:11,340
will allow that to go forward. >> thank you.

1569
02:06:11,340 --> 02:06:14,104
council, do you have any prelimited questions?

1570
02:06:14,104 --> 02:06:17,253
I will open the public hearing at 8:52 p.m. And allow for

1571
02:06:17,253 --> 02:06:20,256
public comment. Any members of the public who

1572
02:06:20,256 --> 02:06:24,794
would like to speak on item 5b? Seeing none in chambers, do we

1573
02:06:24,794 --> 02:06:27,964
have any online? >> no hands raised online,

1574
02:06:27,964 --> 02:06:29,966
mayor. >> with that we will close

1575
02:06:29,966 --> 02:06:33,870
public comment and close the public hearing at 8:53 p.m.

1576
02:06:33,870 --> 02:06:36,872
we will return to council for further discussion or motion.

1577
02:06:36,872 --> 02:06:39,543
>> I would like to motion for an adoption of a resolution

1578
02:06:39,543 --> 02:06:43,743
reckoning the ordinances removing article 2 and article

1579
02:06:44,681 --> 02:06:48,281
26 requirements of chapter 10.08, zoning regulations, of

1580
02:06:50,888 --> 02:06:55,624
title 10, planning and zoning of the tracy municipal code, and

1581
02:06:55,624 --> 02:06:59,495
amending the cordes ranch specific plan, the I-205

1582
02:06:59,495 --> 02:07:03,299
corridor specific plan, and the residential areas specific plan,

1583
02:07:03,299 --> 02:07:09,138
two equirement for shopping cens of one space per 350 square feet

1584
02:07:09,138 --> 02:07:11,774
of gross floor area is exempt from the california

1585
02:07:11,774 --> 02:07:15,974
environmental quality act pursuant to ceqa guidelines

1586
02:07:19,315 --> 02:07:23,586
section 15061 subsection b, subsection 3, because it can be

1587
02:07:23,586 --> 02:07:27,390
seen with certainty to have no possibility of a significant

1588
02:07:27,390 --> 02:07:28,791
effect on the environment. >> second.

1589
02:07:28,791 --> 02:07:33,129
>> we have a irst and second. Roll call, please.

1590
02:07:33,129 --> 02:07:35,531
>> mayor pro tem abercrombie? >> yes.

1591
02:07:35,531 --> 02:07:37,531
>> councilmember evans? >> yes.

1592
02:07:38,000 --> 02:07:40,335
>> council member bedolla? >> yes.

1593
02:07:40,335 --> 02:07:43,639
>> councilmember nygard? >> before I vote, I have one

1594
02:07:43,639 --> 02:07:46,750
last question. I know you you jumped and really

1595
02:07:46,750 --> 02:07:48,475
fast there. >> my apologies.

1596
02:07:49,946 --> 02:07:53,950
>> does this parking also look at the increased use of e-bikes

1597
02:07:53,950 --> 02:07:57,987
and whatnot? Are be taking into consideration

1598
02:07:57,987 --> 02:08:02,692
e-bike parking at all in any of these newer shopping centers?

1599
02:08:02,692 --> 02:08:06,295
speak of this ordinance specifically is not looking at

1600
02:08:06,295 --> 02:08:09,165
e-bike parking. It's just for shopping center

1601
02:08:09,165 --> 02:08:12,535
parking requirements to allow the dutch bros, mostly, to come

1602
02:08:12,535 --> 02:08:15,672
in. >> so it is only looking at

1603
02:08:15,672 --> 02:08:16,506
vehicle parking? >> yes.

1604
02:08:16,506 --> 02:08:18,641
>> okay. We can bring this back at a

1605
02:08:18,641 --> 02:08:20,976
later time. Thank you.

1606
02:08:20,976 --> 02:08:23,746
>> did you have a vote? >> oh, yes.

1607
02:08:23,746 --> 02:08:26,146
I vote yes. [laughs]

1608
02:08:26,281 --> 02:08:28,317
thank you. >> and mayor arriola?

1609
02:08:28,317 --> 02:08:34,657
>> yes. Ith that -- my apol. Madame clerk, would you please

1610
02:08:34,657 --> 02:08:38,857
read the title of the close ordinance?

1611
02:08:43,132 --> 02:08:46,732
>> an ordinance amending existing articles, article 2,

1612
02:08:47,203 --> 02:08:50,803
definitions, and article 26, off-street parking requirements,

1613
02:08:51,541 --> 02:08:55,141
of chapter 10.08, zoning regulations, of title 10,

1614
02:08:56,880 --> 02:09:01,851
planning and zoning, of the tracy municipal code, and

1615
02:09:01,851 --> 02:09:06,651
amending the cordes ranch specific plan, the I-205

1616
02:09:06,956 --> 02:09:09,629
corridor specific plan, and the residential areas specific plan,

1617
02:09:09,629 --> 02:09:13,566
to add a minimum parking requirement for shopping centers

1618
02:09:13,566 --> 02:09:20,439
of one space per 350 square feet of gross floor area is exempt

1619
02:09:20,439 --> 02:09:24,510
from the california environmental quality act, ceqa,

1620
02:09:24,510 --> 02:09:28,110
pursuant to ceqa guidelines section 15061b3.

1621
02:09:29,247 --> 02:09:33,519
>> motion to waive the first reading by substitution of title

1622
02:09:33,519 --> 02:09:34,987
and introduce the ordinance. >> second.

1623
02:09:34,987 --> 02:09:39,592
>> we have a first and second. Roll call, please.

1624
02:09:39,592 --> 02:09:41,600
>> mayor pro tem abercrombie? >> yes.

1625
02:09:41,600 --> 02:09:43,460
>> council member evans? >> yes.

1626
02:09:44,329 --> 02:09:46,329
>> councilmember bedolla? >> yes.

1627
02:09:47,933 --> 02:09:49,933
>> councilmember nygard? >> yes.

1628
02:09:49,935 --> 02:09:50,937
>> and mayor arriola? >> yes.

1629
02:09:50,937 --> 02:09:55,700
with that, the item passes. I look forward to more business

1630
02:09:55,700 --> 02:09:58,611
friendly parking in the future. That brings us to item 5c,

1631
02:09:58,611 --> 02:10:04,611
regarding an update to notices of violation to the tracy

1632
02:10:04,783 --> 02:10:07,783
municipal code. Staff report, please.

1633
02:10:11,223 --> 02:10:16,495
>> hello, mayor, council. My name is lacey, and with the

1634
02:10:16,495 --> 02:10:19,310
city of tracy code enforcement unit.

1635
02:10:19,310 --> 02:10:22,167
this item is before you tonight because staff identified an

1636
02:10:22,167 --> 02:10:26,967
opportunity to improve and modernize the city's existing

1637
02:10:27,806 --> 02:10:30,776
notice of violation procedures. A notice of violation is an

1638
02:10:30,776 --> 02:10:36,820
important code enforcement tool that the city uses when

1639
02:10:36,820 --> 02:10:38,384
significant property violations remain unsolved -- I'm sorry,

1640
02:10:38,384 --> 02:10:41,687
and resolve. Once recorded, it provide notice

1641
02:10:41,687 --> 02:10:44,623
to potential purchasers, lenders, and other interested

1642
02:10:44,623 --> 02:10:46,658
parties that a property has outstanding code violations that

1643
02:10:46,658 --> 02:10:51,797
have not been corrected. Over time, staff found that

1644
02:10:51,797 --> 02:10:55,997
existing ordinances contained procedural ambiguities and no

1645
02:10:58,203 --> 02:11:01,273
longer reflected the city's current organizational

1646
02:11:01,273 --> 02:11:03,875
structure. The current code also places the

1647
02:11:03,875 --> 02:11:06,211
authority to record notices of violation with a position that

1648
02:11:06,211 --> 02:11:11,611
function. Oversees that as a result, staff worked with

1649
02:11:11,750 --> 02:11:14,219
the city attorney office to review the ordinance and develop

1650
02:11:14,219 --> 02:11:18,900
an amendment that provides greater clarity, consistency,

1651
02:11:18,900 --> 02:11:22,227
and transparency for both the city and property owners.

1652
02:11:22,227 --> 02:11:25,464
the proposed ordinance does several things: first, it

1653
02:11:25,464 --> 02:11:28,834
clearly outlines the steps that must occur before a notice of

1654
02:11:28,834 --> 02:11:33,380
violation can be recorded, including notice to the property

1655
02:11:33,380 --> 02:11:36,775
owner, a reasonable pportunity to correct the violation, and an

1656
02:11:36,775 --> 02:11:40,375
opportunity to appeal the city determination.

1657
02:11:40,412 --> 02:11:45,812
second, it establishes a clear procedure and timelines so

1658
02:11:47,986 --> 02:11:50,855
property owners better understand their rights and

1659
02:11:50,855 --> 02:11:53,255
responsibilities throughout the process.

1660
02:11:55,127 --> 02:11:58,230
retaining a notice of compliance after violations have been

1661
02:11:58,230 --> 02:12:01,800
corrected included completion of the any required permits and

1662
02:12:01,800 --> 02:12:05,151
resolution of outstanding administered fines or penalties

1663
02:12:05,151 --> 02:12:09,555
it updates the administered authority for them according to

1664
02:12:09,555 --> 02:12:14,160
city manager or designee this better aligns with current code

1665
02:12:14,160 --> 02:12:17,363
writing practices and rovides flexibility should

1666
02:12:17,363 --> 02:12:20,990
organizational responsibilities change in the future.

1667
02:12:20,990 --> 02:12:23,436
importantly, this ordinance does not create new violations,

1668
02:12:23,436 --> 02:12:27,474
increased penalties or expand the city's enforcement

1669
02:12:27,474 --> 02:12:30,243
authority. Instead it's the city's existing

1670
02:12:30,243 --> 02:12:33,979
procedures and ensures they are administered in a fair,

1671
02:12:33,979 --> 02:12:36,979
consistent, and legally defensible manner.

1672
02:12:40,754 --> 02:12:43,356
from a community standpoint, these amendments help promote

1673
02:12:43,356 --> 02:12:46,590
timely corrections of violations, improve transparency

1674
02:12:46,590 --> 02:12:50,259
in property transactions and productive future property

1675
02:12:50,930 --> 02:12:52,632
owners from unknowingly purchasing properties with

1676
02:12:52,632 --> 02:12:56,102
unresolved code issues. Overall, the proposed amendment

1677
02:12:56,102 --> 02:13:01,107
provides a clear process for the public, stronger due process

1678
02:13:01,107 --> 02:13:03,810
protections for property owners, and more effective compliance

1679
02:13:03,810 --> 02:13:06,790
tools for the city. Staff recommends the

1680
02:13:06,790 --> 02:13:11,150
city council conduct a public hearing, adopt the ceqa

1681
02:13:11,150 --> 02:13:13,619
exemption resolution, and introduce the ordinance.

1682
02:13:13,619 --> 02:13:17,891
>> the chair: we will go ahead and open the public hearing at

1683
02:13:17,891 --> 02:13:21,491
8:59:00 p.m. Any pulmonary questions from

1684
02:13:22,294 --> 02:13:25,231
counsel? Speak of this is rather legally

1685
02:13:25,231 --> 02:13:33,310
dense item, cleanup item we will go up to public comment on item

1686
02:13:41,648 --> 02:13:45,685
5c would any members of the public like to speak -- seeing

1687
02:13:45,685 --> 02:13:48,988
chambers, we have have any online.

1688
02:13:48,988 --> 02:13:53,788
we have public lament imposed the public hearing.

1689
02:14:04,804 --> 02:14:09,142
>> repealing 10.08 article 39 in its entirety at enacting chapter

1690
02:14:09,142 --> 02:14:13,213
1.36 notices of violation to the tracy municipal code, category

1691
02:14:13,213 --> 02:14:16,216
except to the california environmental quality pursuant

1692
02:14:16,216 --> 02:14:21,160
to ceqa guideline section 15378 subsection b, subsection two.

1693
02:14:26,625 --> 02:14:27,827
>> the chair: first and second, roll call please.

1694
02:14:27,827 --> 02:14:29,562
>> mayor pro-tem abercrombie. >> yes.

1695
02:14:29,562 --> 02:14:31,163
>> councilmember evans. >> yes.

1696
02:14:31,163 --> 02:14:32,566
>> councilmember bedolla. >> yes.

1697
02:14:32,566 --> 02:14:33,966
>> councilmember nygard. >> yes.

1698
02:14:33,966 --> 02:14:36,366
>> and mayor arriola. >> yes.

1699
02:14:45,450 --> 02:14:49,845
>> the chair: will you please read the ordinance.

1700
02:14:52,756 --> 02:14:55,756
>> violations, penalties, enacting chapter 1.36 "notices

1701
02:14:57,962 --> 02:15:02,162
of violation" of the tracy municipal code.

1702
02:15:02,900 --> 02:15:05,202
>> motion to waive the first reading and introduce the

1703
02:15:05,202 --> 02:15:06,404
ordinance. >> second.

1704
02:15:06,404 --> 02:15:09,140
>> the chair: we have first and second, will call please.

1705
02:15:09,140 --> 02:15:10,141
>> mayor pro-tem abercrombie. >> yes.

1706
02:15:10,141 --> 02:15:11,408
>> councilmember evans. >> yes.

1707
02:15:11,408 --> 02:15:12,843
>> councilmember bedolla. >> yes.

1708
02:15:12,843 --> 02:15:13,944
>> councilmember nygard. >> yes.

1709
02:15:13,944 --> 02:15:16,344
>> and mayor arriola. >> yes.

1710
02:15:19,150 --> 02:15:22,219
>> the chair: with that the item passes, thank you to ode

1711
02:15:22,219 --> 02:15:24,588
enforcement come appreciate the hard work.

1712
02:15:24,588 --> 02:15:29,694
that brings us to tem 5d which is regarding policy expending

1713
02:15:29,694 --> 02:15:34,494
after hours restrictions to the cemetery district property.

1714
02:15:42,572 --> 02:15:45,643
>> good evening, mayor, council members, thank you for the

1715
02:15:45,643 --> 02:15:52,243
opportunity to speak my is dan garcia, here to propose a

1716
02:15:58,322 --> 02:16:03,122
council member -- aims to extend 4.16.180 which addresses

1717
02:16:04,930 --> 02:16:10,330
unlawful acts in parks and public areas and 4.16.190 which

1718
02:16:12,269 --> 02:16:16,740
is establishing closing hours. The tracy cemetery district

1719
02:16:16,740 --> 02:16:21,111
provides a vital public space with a respectful and

1720
02:16:21,111 --> 02:16:24,614
environment to honor and honor our loved ones.

1721
02:16:24,614 --> 02:16:28,180
unfortunately properties within the tracy public cemetery

1722
02:16:28,180 --> 02:16:30,954
district have experienced ongoing issues including after

1723
02:16:30,954 --> 02:16:35,154
hours trespassing, vandalism, activities.nd other disruptive

1724
02:16:35,592 --> 02:16:39,162
currently our municipal code does not extend parking

1725
02:16:39,162 --> 02:16:42,660
regulations or enforceable after our restrictions to the cemetery

1726
02:16:42,660 --> 02:16:45,769
grounds which limits our ability to address these issues

1727
02:16:45,769 --> 02:16:48,138
effectively. The proposed ordinance would

1728
02:16:48,138 --> 02:16:52,420
extend existing part regulations to the tracy public cemetery

1729
02:16:52,420 --> 02:16:55,646
district property ensuring unlawful acts such as vandalism,

1730
02:16:55,646 --> 02:16:58,480
loitering, and alcohol consumption are clearly

1731
02:16:58,480 --> 02:17:00,251
prohibited and enforceable. Establishing a forcible after

1732
02:17:00,251 --> 02:17:03,654
hours restrictions for the tracy public cemetery district

1733
02:17:03,654 --> 02:17:08,125
property make it unlawful for any person to enter or remain on

1734
02:17:08,125 --> 02:17:12,996
the cemetery grounds outside of the posted operational hours

1735
02:17:12,996 --> 02:17:16,800
except for authorized personnel or those with written permis

1736
02:17:16,800 --> 02:17:18,869
permission. Promoted consistent enforcement

1737
02:17:18,869 --> 02:17:23,974
of rules cross all comparable public spaces within city limits

1738
02:17:23,974 --> 02:17:26,430
thereby supporting public safety and preserving this important

1739
02:17:26,430 --> 02:17:28,311
community areas part of the amendment will provide

1740
02:17:28,311 --> 02:17:30,814
law enforcement of clear authority to respond to

1741
02:17:30,814 --> 02:17:34,151
complaints and enforce violations on these properties.

1742
02:17:34,151 --> 02:17:36,487
applying the same standards used for city parks.

1743
02:17:36,487 --> 02:17:38,823
it would also support the public's expectations but

1744
02:17:38,823 --> 02:17:42,920
cemetery grounds remain safe, peaceful, and respectful

1745
02:17:42,920 --> 02:17:44,561
environments. There will be no significant

1746
02:17:44,561 --> 02:17:48,715
physical impact as enforcement will be managed within existing

1747
02:17:48,715 --> 02:17:52,452
police department resources. Additionally the action is

1748
02:17:52,452 --> 02:17:53,720
categorically exempt from the california environment equality

1749
02:17:53,720 --> 02:17:58,525
act as it does not result in any physical changes to the

1750
02:17:58,525 --> 02:18:00,726
environment. The tracy police -- the tracy

1751
02:18:00,726 --> 02:18:04,331
public cemetery district along with its legal counsel initiated

1752
02:18:04,331 --> 02:18:06,534
this request and has provided input on the proposed

1753
02:18:06,534 --> 02:18:09,100
amendments. The city attorney's office and

1754
02:18:09,100 --> 02:18:11,905
tracy police department have collaborated to ensure the

1755
02:18:11,905 --> 02:18:15,375
ordinance language is effective and consistent with our

1756
02:18:15,375 --> 02:18:17,878
regulatory framework. Tonight I respectfully request

1757
02:18:17,878 --> 02:18:23,216
the adoption of the amendment to chapter 4.16 to extend parked

1758
02:18:23,216 --> 02:18:27,200
regulations and after hours restrictions to the tracy public

1759
02:18:27,200 --> 02:18:29,122
cemetery district property. Thank you for your time and I'm

1760
02:18:29,122 --> 02:18:30,291
happy to answer any questions you have.

1761
02:18:30,291 --> 02:18:35,128
>> the chair: we will over the public earing at 9:05:00 p.m.

1762
02:18:35,128 --> 02:18:39,328
do we have luminary questions. Councilmember bedolla?

1763
02:18:42,302 --> 02:18:46,373
>> the closing is 8:00 p.m., with this change that?

1764
02:18:46,373 --> 02:18:49,644
>> we will work with the cemetery whatever hours they

1765
02:18:49,644 --> 02:18:52,980
have posted we will respect those and that will be part of

1766
02:18:52,980 --> 02:18:57,180
this ordinance. >> currently, is this going to

1767
02:18:57,250 --> 02:19:01,450
allow enforcement, currently is there no enforcement?

1768
02:19:01,722 --> 02:19:06,526
>> it's a private owned property, this would give us the

1769
02:19:06,526 --> 02:19:09,529
access because we don't have the authority unless they tell us

1770
02:19:09,529 --> 02:19:13,800
this is happening, right? This gives us the authority to

1771
02:19:13,800 --> 02:19:18,138
take proactive decisions when we are out there in the field.

1772
02:19:18,138 --> 02:19:20,600
>> okay, thank you. >> the chair: any additional

1773
02:19:20,600 --> 02:19:23,945
pulmonary questions. Seeing none, do we have any

1774
02:19:23,945 --> 02:19:29,816
public comment on item 5. D. Seeing them in chambers to we

1775
02:19:29,816 --> 02:19:32,753
have any online? >> no hands raised.

1776
02:19:32,753 --> 02:19:34,955
>> the chair: will close public comment and close public

1777
02:19:34,955 --> 02:19:39,292
hearing at 9:06:00 p.m. And return to counsel for discussion

1778
02:19:39,292 --> 02:19:41,227
and motion. >> I make a motion to adopt the

1779
02:19:41,227 --> 02:19:44,827
resolution determining the ordinance amending chapter 4.16

1780
02:19:46,133 --> 02:19:51,533
of the racy municipal code to extend that section 4.16.180

1781
02:19:52,239 --> 02:19:55,575
unlawful acts in parks and public areas to include property

1782
02:19:55,575 --> 02:20:00,547
owned by the tracy public cemetery district and amending

1783
02:20:00,547 --> 02:20:04,450
section 4.16.190 part closing hours to establish enforceable

1784
02:20:04,450 --> 02:20:09,250
after hours restrictions for tracy public cemetery district

1785
02:20:09,589 --> 02:20:13,193
property is categorically exempt from the california

1786
02:20:13,193 --> 02:20:17,393
environmental quality act pursuant to ceqa guidelines

1787
02:20:20,767 --> 02:20:24,967
section 15378 b2. >> the chair: first and second

1788
02:20:25,740 --> 02:20:26,807
will call please. >> mayor pro-tem abercrombie.

1789
02:20:26,807 --> 02:20:27,475
>> yes. >> councilmember evans.

1790
02:20:27,475 --> 02:20:29,276
>> yes. >> councilmember bedolla.

1791
02:20:29,276 --> 02:20:31,276
>> yes. >> councilmember nygard.

1792
02:20:32,450 --> 02:20:33,790
>> yes. >> and mayor arriola.

1793
02:20:33,790 --> 02:20:36,679
>> yes. >> the chair: will you please

1794
02:20:38,492 --> 02:20:42,692
read the title of the proposed ordinance.

1795
02:20:43,960 --> 02:20:48,496
>> amending chapter 4.16 of the tracy municipal code to extend

1796
02:20:49,302 --> 02:20:53,773
section 4.16.180 unlawful acts in parks and public areas to

1797
02:20:53,773 --> 02:20:57,645
include property owned by the tacy public cemetery district

1798
02:20:57,645 --> 02:21:02,445
and amending section .16.190 part closing hours to establish

1799
02:21:05,185 --> 02:21:07,453
enforceable after hours restrictions for tracy public

1800
02:21:07,453 --> 02:21:12,253
cemetery district property. >> motion to waive the first

1801
02:21:12,658 --> 02:21:15,996
reading by ubstitution of the title and introduce the

1802
02:21:15,996 --> 02:21:17,130
ordinance. >> second.

1803
02:21:17,130 --> 02:21:19,660
>> the chair: first and second, will call please.

1804
02:21:19,660 --> 02:21:20,133
>> mayor pro-tem abercrombie. >> yes.

1805
02:21:20,133 --> 02:21:21,535
>> councilmember evans. >> yes.

1806
02:21:21,535 --> 02:21:22,470
>> councilmember bedolla. >> yes.

1807
02:21:22,470 --> 02:21:23,805
>> councilmember nygard. >> yes.

1808
02:21:23,805 --> 02:21:26,205
>> and mayor arriola. >> yes.

1809
02:21:28,942 --> 02:21:32,446
>> the chair: thank you to the police department we look

1810
02:21:32,446 --> 02:21:33,680
forward to enforcement of the cemetery district.

1811
02:21:33,680 --> 02:21:40,880
that brings us to item -- regular agenda items and we have

1812
02:21:42,356 --> 02:21:46,556
item six.a. >> good evening mayors, council

1813
02:21:46,760 --> 02:21:48,895
members, members of the public thank you again for the app

1814
02:21:48,895 --> 02:21:53,967
tutor to speak -- dan garcia bureau special operations for

1815
02:21:53,967 --> 02:21:56,369
the tracy police department. I'm here to propose the

1816
02:21:56,369 --> 02:21:58,238
city council consider a resolution that will significant

1817
02:21:58,238 --> 02:22:01,174
lee ann hansen public safety and operational efficiency in our

1818
02:22:01,174 --> 02:22:05,612
city parks and throughout tracy this resolution aims to

1819
02:22:05,612 --> 02:22:06,980
establish strict compliance with standard procurement process

1820
02:22:06,980 --> 02:22:10,183
that's not in the city's best interest and to approve a master

1821
02:22:10,183 --> 02:22:14,983
service agreement with block group inc. To purchase

1822
02:22:17,123 --> 02:22:18,758
insulation operation and maintenance of camera technology

1823
02:22:18,758 --> 02:22:24,330
for a term of 44 months at a cost that does not exceed

1824
02:22:24,330 --> 02:22:27,000
$639,467. This resolution will chieve the

1825
02:22:27,000 --> 02:22:29,680
following. Modernizing public safety

1826
02:22:29,680 --> 02:22:31,771
infrastructure, our current park camera systems are outdated and

1827
02:22:31,771 --> 02:22:36,743
inadequate for today's public the tracy police department has

1828
02:22:36,743 --> 02:22:40,714
successfully utilized flock automated license plate readers

1829
02:22:40,714 --> 02:22:44,617
and pan-tilt zoom cameras since 2022 leading to a significant

1830
02:22:44,617 --> 02:22:48,488
success in solving crimes, locating missing persons and

1831
02:22:48,488 --> 02:22:51,357
recovering stolen property. Expanding this proven technology

1832
02:22:51,357 --> 02:22:55,962
into our parks will provide comprehensive real-time video

1833
02:22:55,962 --> 02:23:00,400
coverage and critical oversight. This contract ill result in the

1834
02:23:00,400 --> 02:23:04,771
installation of 33 fixed flock condor cameras and 16 flock ptc

1835
02:23:04,771 --> 02:23:09,709
cameras in our tracy city parks specifically at dr. Powers park,

1836
02:23:09,709 --> 02:23:14,314
gretchen talley park, legacy park, lincoln park, mcdonald

1837
02:23:14,314 --> 02:23:17,914
park, veterans park, and sanusi park.

1838
02:23:19,385 --> 02:23:21,387
flat annual lease rate per camera incorporating

1839
02:23:21,387 --> 02:23:24,256
installation, maintenance, cloud-based hosting an ongoing

1840
02:23:24,256 --> 02:23:27,393
software enhancements. This approach limits the burden

1841
02:23:27,393 --> 02:23:31,216
of costly equipment replacement at the end of the agreement and

1842
02:23:31,216 --> 02:23:34,285
ensures our technology remains current and reliable.

1843
02:23:34,285 --> 02:23:40,285
flock is the sole manufacturer and developer of this camera

1844
02:23:40,691 --> 02:23:43,561
technology and the tracy police department's real-time

1845
02:23:43,561 --> 02:23:46,831
information center is already fully integrated with their

1846
02:23:46,831 --> 02:23:50,568
system, transitioning o another vendor would require a complete

1847
02:23:50,568 --> 02:23:53,304
overhaul of our infrastructure leading to significant

1848
02:23:53,304 --> 02:23:56,904
additional costs in service and disruption.

1849
02:23:58,143 --> 02:23:59,777
the police department has established robust policies to

1850
02:23:59,777 --> 02:24:05,250
ensure the ethical use of video and a lpr technology including

1851
02:24:05,250 --> 02:24:08,586
strict guidelines of data collection, retention, and

1852
02:24:08,586 --> 02:24:10,550
privacy. The master service agreement

1853
02:24:10,550 --> 02:24:13,657
includes confidential clauses and complies with all state and

1854
02:24:13,657 --> 02:24:17,529
federal requirements including sb 34 a state privacy laws

1855
02:24:17,529 --> 02:24:22,433
enacted in 2015 that governs how our -- how public and private

1856
02:24:22,433 --> 02:24:26,470
entities collect, secure, and retain, and share data generated

1857
02:24:26,470 --> 02:24:30,175
by these systems pick of the cost of the agreement will not

1858
02:24:30,175 --> 02:24:34,975
exceed $639,467 over 44 months funded through the tpd annual

1859
02:24:37,849 --> 02:24:39,484
operating budgets. This investment will consolidate

1860
02:24:39,484 --> 02:24:43,354
and expand our camera etwork providing greater value and

1861
02:24:43,354 --> 02:24:47,554
safety to our community. This initiative directly

1862
02:24:48,393 --> 02:24:50,628
supports our strategic priorities for public safety by

1863
02:24:50,628 --> 02:24:54,166
leveraging technology to prevent and reduce crime, enhance

1864
02:24:54,166 --> 02:24:57,503
evidence-based enforcement, and improve the quality of life for

1865
02:24:57,503 --> 02:25:01,703
all tracy residents. Went december of 2025, flock

1866
02:25:01,840 --> 02:25:05,643
cameras help locate a missing elderly resident within hours,

1867
02:25:05,643 --> 02:25:09,447
ensuring her safe return. In february of 2026 the system

1868
02:25:09,447 --> 02:25:11,315
enabled police to identify and apprehend a shooting suspect who

1869
02:25:11,315 --> 02:25:15,787
fled the city. In may of 2026 a stolen vehicle

1870
02:25:15,787 --> 02:25:17,588
was quickly recovered and returned to its owner thanks to

1871
02:25:17,588 --> 02:25:22,388
the real-time tracking. Since january 1st there have

1872
02:25:25,396 --> 02:25:27,331
been approximately 206 instances where the real-time information

1873
02:25:27,331 --> 02:25:32,737
center was able to use the evidence from these cameras to

1874
02:25:32,737 --> 02:25:36,750
help in the reports. There were 660 instances where

1875
02:25:36,750 --> 02:25:40,277
they were able to use the system to make sure our officers

1876
02:25:40,277 --> 02:25:43,381
arrived at these locations safely and give them the

1877
02:25:43,381 --> 02:25:47,581
information they needed to. Since 2022, 240 incidents that

1878
02:25:50,121 --> 02:25:55,293
resulted in reports being taken that began with our a lpr hits

1879
02:25:55,293 --> 02:26:01,893
which meant either it's a felony vehicle, missing person, or some

1880
02:26:02,267 --> 02:26:06,137
type of dangerous people that was flagged by an agency or

1881
02:26:06,137 --> 02:26:09,174
ours. I request the adoption of this

1882
02:26:09,174 --> 02:26:14,574
resolution to approve the master agreement with flock inc.

1883
02:26:14,846 --> 02:26:18,316
>> the chair: we will open the public hearing at 9:12:00 p.m. I

1884
02:26:18,316 --> 02:26:21,327
want to start really quickly just given concerns we have

1885
02:26:21,327 --> 02:26:26,320
heard related to data collection and retention, data sharing,

1886
02:26:26,320 --> 02:26:28,100
surveillance concerns, confidentiality, can you give us

1887
02:26:28,100 --> 02:26:31,404
a little more detail on what the city or flock is doing to

1888
02:26:31,404 --> 02:26:36,804
prevent misuse of automated license plate readers and data.

1889
02:26:39,678 --> 02:26:43,416
>> arbor attention period's for 30 days, we make sure we have

1890
02:26:43,416 --> 02:26:44,618
that. If any officer or anyone from

1891
02:26:44,618 --> 02:26:48,288
our department is using the system, we make sure there's a

1892
02:26:48,288 --> 02:26:50,423
case number involved and the reason why they are doing the

1893
02:26:50,423 --> 02:26:53,493
search or looking through the system itself.

1894
02:26:53,493 --> 02:26:58,365
we have policies in place that take care of that.

1895
02:26:58,365 --> 02:27:01,935
we control the system and we decide who we share that system

1896
02:27:01,935 --> 02:27:05,905
with. We only share in state partners

1897
02:27:05,905 --> 02:27:10,509
and law enforcement but there's a reason why they are sharing

1898
02:27:10,509 --> 02:27:14,447
with them. That's kind of where we re at

1899
02:27:14,447 --> 02:27:18,918
with the policy and retention in the system.

1900
02:27:18,918 --> 02:27:21,855
>> point of clarification, this is a regular discussion of the

1901
02:27:21,855 --> 02:27:25,455
public hearing. >> the chair: my apologies.

1902
02:27:28,994 --> 02:27:32,594
>> do have any additional preliminary questions?

1903
02:27:33,320 --> 02:27:37,170
>> the chair: will there be any public comment related to

1904
02:27:37,170 --> 02:27:42,475
item six-point a? Scene and in chambers we online?

1905
02:27:42,475 --> 02:27:47,275
>> one moment, mayor. >> in case there was questions.

1906
02:27:51,717 --> 02:27:53,953
>> no speakers on line. >> the chair: we will go ahead

1907
02:27:53,953 --> 02:27:59,953
and close out public comment related to six-po six.a.

1908
02:28:07,767 --> 02:28:12,672
>> I wanted to thank you officer garcia and a chief millington

1909
02:28:12,672 --> 02:28:18,177
for being so proactive in using the technology we need to be

1910
02:28:18,177 --> 02:28:25,977
more visible if that's a good word to locate and be able to

1911
02:28:27,530 --> 02:28:33,325
apprehend crime in progress. I think this is a true example

1912
02:28:33,325 --> 02:28:37,262
of being able to use technology in real time to our best

1913
02:28:37,262 --> 02:28:40,466
advantage. I just have one quick question,

1914
02:28:40,466 --> 02:28:44,303
he answered a lot of what I was thinking -- one of the numbers

1915
02:28:44,303 --> 02:28:49,942
we are looking at that you have been able to apprehend suspects

1916
02:28:49,942 --> 02:28:56,749
with the use of these devices. I think you stated in your

1917
02:28:56,749 --> 02:28:59,485
report quite a bit of data which was great.

1918
02:28:59,485 --> 02:29:02,822
I did want to see if you could touch on privacy.

1919
02:29:02,822 --> 02:29:09,562
I know that comes up a lot in public about what are we doing

1920
02:29:09,562 --> 02:29:15,121
to help protect privacy when we are using these devices in

1921
02:29:15,121 --> 02:29:19,459
public? >> our goal is to use the system

1922
02:29:19,459 --> 02:29:24,864
ethically and by doing that, we are lways doing analysis and

1923
02:29:24,864 --> 02:29:27,600
data runs to make sure we are using it properly.

1924
02:29:27,600 --> 02:29:31,271
we are training our officers on how to use it, making sure they

1925
02:29:31,271 --> 02:29:36,476
are related to a crime, related to any police functions that we

1926
02:29:36,476 --> 02:29:42,182
do and they are not misused. We are making sure we are not

1927
02:29:42,182 --> 02:29:44,217
sharing with out-of-state partners or any federal

1928
02:29:44,217 --> 02:29:47,817
agencies -- we control the sstem.

1929
02:29:48,287 --> 02:29:54,260
we make sure we are creating audits on it monthly.

1930
02:29:54,260 --> 02:30:00,260
>> I wanted to conclude by saying I am surprised and

1931
02:30:00,500 --> 02:30:05,300
grateful that flock uses solar-powered cameras out there.

1932
02:30:07,307 --> 02:30:10,910
I'm grateful we are able to look at cost savings had not have to

1933
02:30:10,910 --> 02:30:14,800
hardwire all these and because they do come with the solar

1934
02:30:14,800 --> 02:30:18,384
capability, thank you again. >> the chair: any additional

1935
02:30:18,384 --> 02:30:21,721
discussion? Briefly I want to thank chief

1936
02:30:21,721 --> 02:30:24,191
millington because flock cameras were utilized to locate my

1937
02:30:24,191 --> 02:30:29,529
stolen vehicle a few months ago outside of the city of tracy but

1938
02:30:29,529 --> 02:30:32,665
I've seen it firsthand how effective this can be.

1939
02:30:32,665 --> 02:30:36,102
thank you chief nd thank you to your team for incredible work.

1940
02:30:36,102 --> 02:30:39,939
and I will entertain a motion. >> motion to adopt the

1941
02:30:39,939 --> 02:30:42,675
resolution determining compliance with standard

1942
02:30:42,675 --> 02:30:46,679
procurement processes not of the best interests of the city

1943
02:30:46,679 --> 02:30:50,879
pursuant to tracy municipal code 2.20.180 subsection b,

1944
02:30:52,885 --> 02:30:57,523
subsection three and dispensing such requirements for the action

1945
02:30:57,523 --> 02:31:00,600
herein two, proving a master service agreement with flock

1946
02:31:00,600 --> 02:31:03,530
group inc. For the purchase, installation, operation, and

1947
02:31:03,530 --> 02:31:07,834
maintenance of new equipment and technology for a 44 month term

1948
02:31:07,834 --> 02:31:13,234
and for a total not to exceed amount of $639,467.

1949
02:31:18,770 --> 02:31:19,445
>> second. >> the chair: we have a first

1950
02:31:19,445 --> 02:31:20,113
in a second. Roll call please.

1951
02:31:20,113 --> 02:31:22,513
>> mayor pro-tem abercrombie. >> yes.

1952
02:31:23,182 --> 02:31:24,851
>> councilmember nygard. >> yes.

1953
02:31:24,851 --> 02:31:25,852
>> councilmember bedolla. >> yes.

1954
02:31:25,852 --> 02:31:27,852
>> councilmember evans. >> yes.

1955
02:31:29,188 --> 02:31:31,588
>> and mayor arriola. >> yes.

1956
02:31:34,127 --> 02:31:35,861
>> the chair: thank you to the tracy police department we look

1957
02:31:35,861 --> 02:31:40,867
forward to stronger enforcement. That brings us to tem six.b

1958
02:31:40,867 --> 02:31:42,869
lived a short term rental regulations.

1959
02:31:42,869 --> 02:31:47,669
staff report please. >> thank you mayor ed council

1960
02:32:06,636 --> 02:32:08,170
members, christina delgadillo associate planner.

1961
02:32:08,170 --> 02:32:10,706
we are providing information on short-term rentals and asking

1962
02:32:10,706 --> 02:32:15,411
direction from the city council in addressing them.

1963
02:32:15,411 --> 02:32:19,249
a short-term rental as a rental of a dwelling or portion thereof

1964
02:32:19,249 --> 02:32:22,510
by the owner to another person or group of persons for

1965
02:32:22,510 --> 02:32:25,654
occupancy, dwelling, lodging or sleeping purposes for a period

1966
02:32:25,654 --> 02:32:29,192
of less than 30 consecutive da days.

1967
02:32:29,192 --> 02:32:31,861
also known as vacation rentals, transient rentals, bed and

1968
02:32:31,861 --> 02:32:36,661
breakfast, et cetera. There are two types of

1969
02:32:37,133 --> 02:32:39,668
short-term rentals. Hosted an unposted figure hosted

1970
02:32:39,668 --> 02:32:42,539
meets the owner, agent or full-time mentor lives on the

1971
02:32:42,539 --> 02:32:45,742
property during the guests they usually usually a short-term

1972
02:32:45,742 --> 02:32:48,712
renter will rent out a broom. On hosted is the owner not

1973
02:32:48,712 --> 02:32:51,130
residing on the property and the whole house or unit is rented

1974
02:32:51,130 --> 02:32:53,950
out to. The state allows cities to

1975
02:32:53,950 --> 02:32:58,870
collect transient occupancy tax from short-term rentals under

1976
02:32:58,870 --> 02:33:00,157
revenue and taxation codes section 72-80.

1977
02:33:00,157 --> 02:33:05,600
popular companies that help facilitating rentals or air be

1978
02:33:05,600 --> 02:33:08,660
and, verbal, homeaway, and flip key.

1979
02:33:09,966 --> 02:33:13,469
currently the medicinal code does not have any definition for

1980
02:33:13,469 --> 02:33:17,690
short-term rentals. There is a section .08.1070

1981
02:33:18,307 --> 02:33:22,440
which states any use not explicitly stated in title x is

1982
02:33:22,440 --> 02:33:25,581
prohibited. In the past, staff has used the

1983
02:33:25,581 --> 02:33:28,851
definition and zoning centers for boarding and grooming houses

1984
02:33:28,851 --> 02:33:30,687
to include short-term rentals as well.

1985
02:33:30,687 --> 02:33:33,656
boarding and grooming houses are currently allowed in meeting up

1986
02:33:33,656 --> 02:33:36,658
density and high density zones. Short-term rentals are not a

1987
02:33:36,658 --> 02:33:40,258
perfect fit and issues have arisen.

1988
02:33:41,531 --> 02:33:44,701
according to our research there are roughly 88 currently

1989
02:33:44,701 --> 02:33:47,603
operating in the city. Our records show only one has a

1990
02:33:47,603 --> 02:33:50,506
business license and is still attempting to be the parking

1991
02:33:50,506 --> 02:33:52,906
requirements for boarding houses.

1992
02:33:53,142 --> 02:33:56,780
the code enforcement division has had multiple cases involving

1993
02:33:56,780 --> 02:34:00,278
short-term rental complaints. In 2024 there were 1 16 cases,

1994
02:34:01,617 --> 02:34:05,355
2025 there were five cases, nd so far in 2026 there have been

1995
02:34:05,355 --> 02:34:10,627
seven cases. The city is losing out on the

1996
02:34:10,627 --> 02:34:13,296
tot the state allows us to collect.

1997
02:34:13,296 --> 02:34:16,896
many cities throughout california allowed regulate

1998
02:34:19,168 --> 02:34:21,570
short-term rentals picked out some cities such as manteca,

1999
02:34:21,570 --> 02:34:25,508
merced, and fresno I have a short-term perfect.

2000
02:34:25,508 --> 02:34:28,711
clovis has operating standards. There are also many cities that

2001
02:34:28,711 --> 02:34:33,511
do not permit them. Up to macula larkspur.

2002
02:34:35,918 --> 02:34:42,859
now it's discussed and cons. One but if it would be the

2003
02:34:42,859 --> 02:34:44,827
increase in transient occupancy tax.

2004
02:34:44,827 --> 02:34:47,997
the city's tot rate is currently 10% of rent charged by the

2005
02:34:47,997 --> 02:34:53,997
operator, the 23 have a 24 fiscal year of the city made

2006
02:34:54,370 --> 02:34:58,237
approximately 1,931,000, $16 in tot for hotels and motels.

2007
02:35:02,211 --> 02:35:06,411
increased the tot to $2,020,484. Theoretically with approximately

2008
02:35:09,685 --> 02:35:14,524
88 operating illegally in the city ith an average of $184 per

2009
02:35:14,524 --> 02:35:18,294
night rented out approximately 223 days per year, we could

2010
02:35:18,294 --> 02:35:21,894
potentially earn another $361,082 per fiscal year.

2011
02:35:22,599 --> 02:35:28,599
on top of that we would receive approximately $4,716 from the

2012
02:35:29,373 --> 02:35:32,844
business tax revenue. Another potential effect would

2013
02:35:32,844 --> 02:35:36,179
be economic opportunity. If we allow him in downtown it

2014
02:35:36,179 --> 02:35:38,448
can assist in revitalizing the area.

2015
02:35:38,448 --> 02:35:41,151
there are many older homes in the area.

2016
02:35:41,151 --> 02:35:43,520
we predict allowing short-term rentals may encourage property

2017
02:35:43,520 --> 02:35:46,790
owners to invest n those older neighborhoods closer to downtown

2018
02:35:46,790 --> 02:35:48,925
to use the most short-term rentals.

2019
02:35:48,925 --> 02:35:53,396
this would in turn create a tourist top of the downtown area

2020
02:35:53,396 --> 02:35:56,299
along with the added offense that already take place there.

2021
02:35:56,299 --> 02:35:59,603
tourism also supports the local businesses because many

2022
02:35:59,603 --> 02:36:01,805
short-term mentors and vacationers will be spending

2023
02:36:01,805 --> 02:36:05,542
money at local shops and restaurants again generating

2024
02:36:05,542 --> 02:36:09,142
revenue. Short-term rentals allow for a

2025
02:36:10,814 --> 02:36:13,550
more diverse lodging options. We have multiple construction

2026
02:36:13,550 --> 02:36:16,860
projects that bring hundreds of workers.

2027
02:36:16,860 --> 02:36:19,922
they along with other tourists and travelers can benefit from a

2028
02:36:19,922 --> 02:36:22,759
diversity of lodging options especially with needing a longer

2029
02:36:22,759 --> 02:36:28,159
stay, this could benefit them. There are some potential

2030
02:36:28,431 --> 02:36:31,501
negative effects. When negative effect it would

2031
02:36:31,501 --> 02:36:36,106
have is on her housing supply. It may decrease long-term rental

2032
02:36:36,106 --> 02:36:39,509
and home buying opportunities. Can also become a nuisance in

2033
02:36:39,509 --> 02:36:41,778
neighborhoods. Excessive noise if there is an

2034
02:36:41,778 --> 02:36:45,382
unruly group of guests. Also an increase in vehicles and

2035
02:36:45,382 --> 02:36:49,582
vehicle trips. Many of cases I mentioned

2036
02:36:49,786 --> 02:36:52,188
earlier were initiated due to complaints of excessive cars in

2037
02:36:52,188 --> 02:36:56,988
a residential neighborhood. Staff has provided the following

2038
02:36:58,495 --> 02:37:00,464
options the council could move forward on but please keep in

2039
02:37:00,464 --> 02:37:04,664
mind these are not the only options.

2040
02:37:05,335 --> 02:37:07,871
option one to be clearly and firmly not permit them in the

2041
02:37:07,871 --> 02:37:10,141
city. The city could amend title ten

2042
02:37:10,141 --> 02:37:12,609
of the tracy municipal code to add a line in the definition of

2043
02:37:12,609 --> 02:37:16,579
boarding and grooming houses to state that does not include

2044
02:37:16,579 --> 02:37:19,583
short-term rentals. This would get rid of ambiguity.

2045
02:37:19,583 --> 02:37:22,286
city council could also choose to clarify the definition of

2046
02:37:22,286 --> 02:37:26,255
boarding and grooming houses but it must be rented longer than 30

2047
02:37:26,255 --> 02:37:30,455
days. Option 2 would be to permit and

2048
02:37:34,640 --> 02:37:36,990
conditionally permit short-term rentals in certain zones.

2049
02:37:36,990 --> 02:37:39,369
this could entail a new use group or adding to an existing

2050
02:37:39,369 --> 02:37:42,380
use group. Some zones to allow for

2051
02:37:42,380 --> 02:37:47,210
conditional use permit could be residential, state, low density

2052
02:37:47,210 --> 02:37:50,392
residential and medium density residential pick of the city

2053
02:37:50,392 --> 02:37:54,363
could allow by wright and central business to district or

2054
02:37:54,363 --> 02:37:57,332
in general highway commercial zone.

2055
02:37:57,332 --> 02:38:01,136
option 3 would be to create a zoning overlay for short-term

2056
02:38:01,136 --> 02:38:04,373
rentals. Overlay zone is an additional

2057
02:38:04,373 --> 02:38:09,773
layer of zoning -- sorry, additional specialized layer of

2058
02:38:10,512 --> 02:38:13,281
zoning rules apply to specific geographic area that it already

2059
02:38:13,281 --> 02:38:17,152
has a base zoning district. Some examples for the overlay

2060
02:38:17,152 --> 02:38:21,952
could be downtown area or around legacy fields.

2061
02:38:23,580 --> 02:38:27,829
option 4 would be to create a new ordinance for short-term

2062
02:38:27,829 --> 02:38:29,898
rentals that would include regulations for operations.

2063
02:38:29,898 --> 02:38:32,634
we could include a specific short-term rental apartment much

2064
02:38:32,634 --> 02:38:35,770
like other cities I mentioned in a previous slight prickle some

2065
02:38:35,770 --> 02:38:38,380
examples of regular agents could include maximum occupancy

2066
02:38:38,380 --> 02:38:41,609
limits, place a cap on the number of short-term rentals in

2067
02:38:41,609 --> 02:38:45,180
the city and can't host or hold events on short-term rental

2068
02:38:45,180 --> 02:38:48,717
properties. Continue with option 4 we could

2069
02:38:48,717 --> 02:38:51,319
include other restrictions such as lube short-term rentals

2070
02:38:51,319 --> 02:38:55,122
within a certain distance from one another, limit the number of

2071
02:38:55,122 --> 02:38:57,259
rooms available to rent, or acquire primary residence to

2072
02:38:57,259 --> 02:39:02,197
maintain the housing market -- meaning t can't be a second

2073
02:39:02,197 --> 02:39:05,000
home or an investment home. Limit the number of vehicles per

2074
02:39:05,000 --> 02:39:09,170
visitor, limit the number of permits citywide, and mandate a

2075
02:39:09,170 --> 02:39:13,775
local contact in the area during the stay.

2076
02:39:13,775 --> 02:39:16,945
to summarize there is no clear definition in the tracy

2077
02:39:16,945 --> 02:39:20,715
municipal code to. We could earn tot but we could

2078
02:39:20,715 --> 02:39:23,385
potentially lose housing stock. Some options are not to remit in

2079
02:39:23,385 --> 02:39:26,554
the city, permit or conditionally permit, create an

2080
02:39:26,554 --> 02:39:28,423
overlay, or created new ordinance with the option to

2081
02:39:28,423 --> 02:39:32,930
create a new permit. At this point we can look to

2082
02:39:32,930 --> 02:39:35,364
turn it over to the city council to discuss the options provided

2083
02:39:35,364 --> 02:39:40,101
to direct the staff for a path forward and short-term rentals.

2084
02:39:40,101 --> 02:39:45,400
>> the chair: I have a quick question regarding slide 17

2085
02:39:45,400 --> 02:39:46,775
about requiring the primary residence to maintain the

2086
02:39:46,775 --> 02:39:49,343
housing market. Could you provide more detail

2087
02:39:49,343 --> 02:39:53,543
and with that framework would look like?

2088
02:39:53,714 --> 02:39:58,319
speaker when I mentioned early, this would be an example of

2089
02:39:58,319 --> 02:39:59,588
that. We would require somebody to

2090
02:39:59,588 --> 02:40:04,988
permanently live in the ouse. >> other cities also for

2091
02:40:08,663 --> 02:40:11,999
instance if you have people who are retired and travel a lot, as

2092
02:40:11,999 --> 02:40:13,669
their primary residence that would have certain requirements

2093
02:40:13,669 --> 02:40:18,940
they be at the home a minimum of 180 days out of the gear and if

2094
02:40:18,940 --> 02:40:21,476
they are traveling they could do it otherwise but ultimately just

2095
02:40:21,476 --> 02:40:25,146
to make sure it's not a second home so people are just buying

2096
02:40:25,146 --> 02:40:28,616
investment homes and renting them out for purposes of a

2097
02:40:28,616 --> 02:40:33,254
short-term rental two usually what they will say is primary

2098
02:40:33,254 --> 02:40:34,757
residence with a minimum occupancy of so many nights per

2099
02:40:34,757 --> 02:40:37,224
year so he could make that determination.

2100
02:40:37,224 --> 02:40:41,424
>> the chair: okay. Are there restrictions, are

2101
02:40:42,833 --> 02:40:47,370
their abilities to restrict on who could enter the market?

2102
02:40:47,370 --> 02:40:52,108
for example are there ways to permissibly allow small local

2103
02:40:52,108 --> 02:40:54,844
folks from doing it to prevent out-of-state corporations from

2104
02:40:54,844 --> 02:41:02,440
doing it et cetera, or no? >> if your question is if a

2105
02:41:02,319 --> 02:41:05,121
company purchased the home, we can look into that vehicle I

2106
02:41:05,121 --> 02:41:07,858
imagine that's something -- again the company would have to

2107
02:41:07,858 --> 02:41:15,580
live there if you put a certain limit, make a primary residence,

2108
02:41:15,465 --> 02:41:19,535
even though a corporation is a "person" I don't think you could

2109
02:41:19,535 --> 02:41:21,204
technically say they're living there.

2110
02:41:21,204 --> 02:41:24,208
there ways to preclude corporations buying homes if you

2111
02:41:24,208 --> 02:41:28,812
do have some type of host requirement as christina was

2112
02:41:28,812 --> 02:41:31,548
saying among other things. There's ways we could look into

2113
02:41:31,548 --> 02:41:35,318
that crypto I know a lot of cities have tried to do that

2114
02:41:35,318 --> 02:41:37,754
especially because of housing crunch in the states they don't

2115
02:41:37,754 --> 02:41:41,691
want these homes to be investment properties, if you

2116
02:41:41,691 --> 02:41:43,260
will. >> the chair: understood.

2117
02:41:43,260 --> 02:41:47,970
with regard to the 88 that are operating illegally currently,

2118
02:41:47,970 --> 02:41:49,466
are they geographically distributed in certain areas,

2119
02:41:49,466 --> 02:41:52,970
what does that look like? >> they are throughout the city.

2120
02:41:52,970 --> 02:41:58,843
we met with air dna which is an analytical company who

2121
02:41:58,843 --> 02:41:59,943
specializes in the short-term rentals.

2122
02:41:59,943 --> 02:42:03,180
from what they provided it was scattered throughout the area

2123
02:42:03,180 --> 02:42:05,782
and there are more outside of the city limits of tracy but

2124
02:42:05,782 --> 02:42:10,787
they would not give us more information as to where exactly.

2125
02:42:10,787 --> 02:42:15,587
>> the chair: do you have any preliminary questions?

2126
02:42:20,197 --> 02:42:23,933
councilmember nygard. >> this is for less than 30 day

2127
02:42:23,933 --> 02:42:25,135
rental? >> correct.

2128
02:42:25,135 --> 02:42:28,939
>> just kind of curious. You talk about construction

2129
02:42:28,939 --> 02:42:31,341
workers or other professionals that come in for job

2130
02:42:31,341 --> 02:42:36,741
opportunities here or job transfers, what if it takes 90

2131
02:42:37,748 --> 02:42:41,348
days or whatever? Or even longer?

2132
02:42:47,490 --> 02:42:51,428
we are only looking at those that are 30 days or less?

2133
02:42:51,428 --> 02:42:54,431
speak of the definition of a short-term rental is less than

2134
02:42:54,431 --> 02:42:57,134
30 days if it's at 30 days or more you get certain rights as a

2135
02:42:57,134 --> 02:42:59,102
tenant you wouldn't get otherwise pickle for these

2136
02:42:59,102 --> 02:43:02,872
purposes the short-term rentals are considered less than 30

2137
02:43:02,872 --> 02:43:04,841
days, otherwise the individual staying there starts to get

2138
02:43:04,841 --> 02:43:08,712
certain rights and it has led to issues on evictions and

2139
02:43:08,712 --> 02:43:11,715
everything else there to what they can do is either moved from

2140
02:43:11,715 --> 02:43:16,386
property to property or reup so long as it's a new term they are

2141
02:43:16,386 --> 02:43:23,586
doing and they are not -- it's not consistent that makes sense.

2142
02:43:26,663 --> 02:43:28,865
>> the chair: any additional preliminary questions.

2143
02:43:28,865 --> 02:43:32,200
with that we will go out for public comment, what any members

2144
02:43:32,200 --> 02:43:38,200
of the public like to speak on item six.b.

2145
02:43:38,880 --> 02:43:42,288
signa and tempest we have any online?

2146
02:43:44,940 --> 02:43:47,694
will closely comment for item 6.b.

2147
02:43:53,236 --> 02:43:55,905
four options looking to put some type of's consensus.

2148
02:43:55,905 --> 02:44:00,705
would like o start. >> I like option four.

2149
02:44:01,445 --> 02:44:07,450
I think looking at it as a potential another revenue source

2150
02:44:07,450 --> 02:44:10,520
but I like some of the different things you have put in there

2151
02:44:10,520 --> 02:44:13,156
with possible restrictions. I would like to have something

2152
02:44:13,156 --> 02:44:18,127
come back a little more details regarding option 4 and how we

2153
02:44:18,127 --> 02:44:22,927
could put that into ordinance and move forward.

2154
02:44:25,602 --> 02:44:28,602
>> the chair chair: councilmember evans.

2155
02:44:29,720 --> 02:44:32,642
>> being a rental property owner myself I've never had short-term

2156
02:44:32,642 --> 02:44:35,212
properties but it had long-term properties and have developed an

2157
02:44:35,212 --> 02:44:41,830
opinion set on this and I've had one in close proximity to my

2158
02:44:41,830 --> 02:44:42,419
home. Mostly it's managed responsibly

2159
02:44:42,419 --> 02:44:46,622
and I think these are a net benefit in most cases for

2160
02:44:46,622 --> 02:44:49,893
communities. But they do have their problems

2161
02:44:49,893 --> 02:44:54,197
that I have seen it firsthand. In reviewing these, I agree,

2162
02:44:54,197 --> 02:44:58,234
option 4 was the one that made the most sense to me but I would

2163
02:44:58,234 --> 02:45:00,570
alter it or recommend alterations, read to get through

2164
02:45:00,570 --> 02:45:03,506
quickly -- adopt the new ordinance that would allow and

2165
02:45:03,506 --> 02:45:06,376
regulate short-term rentals, this could include creating a

2166
02:45:06,376 --> 02:45:11,448
new permit type -- yes I agree on the ermit.

2167
02:45:11,448 --> 02:45:14,317
probably annual permits? This option should include

2168
02:45:14,317 --> 02:45:16,386
choosing zones? I could be talked out of this

2169
02:45:16,386 --> 02:45:20,589
but I'm not sure we need a zoning layer for this or not to.

2170
02:45:20,589 --> 02:45:23,594
I guess I would like to hear staff's opinion on why

2171
02:45:23,594 --> 02:45:28,331
potentially a new zoning layer would be necessary or

2172
02:45:28,331 --> 02:45:30,467
advantageous. You can hold that to the end I

2173
02:45:30,467 --> 02:45:34,537
would be happy to hear your opinion on it.

2174
02:45:34,537 --> 02:45:37,730
however instead of the conditional use permit

2175
02:45:37,730 --> 02:45:41,873
potentially a short-term permit -- agree, mickey daniel,

2176
02:45:42,878 --> 02:45:45,882
something like that. Conditional use permits require

2177
02:45:45,882 --> 02:45:48,484
a planning commission or approval I would not see this as

2178
02:45:48,484 --> 02:45:52,555
something it would be a good use for planning commission

2179
02:45:52,555 --> 02:45:54,290
personally pickle long-term rental properties don't go to

2180
02:45:54,290 --> 02:45:59,596
planning commission so I wouldn't think that a short-term

2181
02:45:59,596 --> 02:46:01,498
rental -- again, I could be talked out of that position but

2182
02:46:01,498 --> 02:46:07,236
it didn't seem like a good use for planning commission.

2183
02:46:07,236 --> 02:46:10,390
permit for short-term rentals could streamline the process by

2184
02:46:10,390 --> 02:46:14,839
providing simple standards to follow and permitting authority,

2185
02:46:14,844 --> 02:46:17,914
likely community and economic development director which I

2186
02:46:17,914 --> 02:46:19,982
thought was interesting. I'm not sure that makes sense on

2187
02:46:19,982 --> 02:46:23,319
who would be issuing the permit but I think I'll leave that to

2188
02:46:23,319 --> 02:46:28,796
staff decide on that. This goes on to say this is

2189
02:46:28,796 --> 02:46:32,900
similar to what other cities have done grading ordinance that

2190
02:46:32,900 --> 02:46:35,201
provides egulations and ensures short-term rentals will not

2191
02:46:35,201 --> 02:46:37,805
become a nuisance to surrounding areas.

2192
02:46:37,805 --> 02:46:42,242
I would dd to it that I would expect robust language to be

2193
02:46:42,242 --> 02:46:47,642
included in the permits and strong educational policy for

2194
02:46:47,681 --> 02:46:51,485
the landlords to understand hat our ordinances are, noise

2195
02:46:51,485 --> 02:46:54,488
ordinance, et cetera. We have strict language around

2196
02:46:54,488 --> 02:46:58,688
noise and things. I would recommend those

2197
02:46:58,691 --> 02:47:04,910
alterations or adjustments to option 4, but also you listed

2198
02:47:05,990 --> 02:47:10,304
some potential restrictions -- limit short-term rentals with a

2199
02:47:10,304 --> 02:47:12,572
certain distance of one another -- I think that would be

2200
02:47:12,572 --> 02:47:16,576
good and that may help ensure the market doesn't get saturated

2201
02:47:16,576 --> 02:47:22,983
with too many of these. I would love to staff some

2202
02:47:22,983 --> 02:47:25,319
recommendations there but I like that idea.

2203
02:47:25,319 --> 02:47:26,987
it also says we could potentially limit the number of

2204
02:47:26,987 --> 02:47:33,193
rooms in short-term rental -- it in a short-term rental available

2205
02:47:33,193 --> 02:47:37,650
to rent. I think that idea has some merit

2206
02:47:37,650 --> 02:47:39,933
I would be curious to hear about that.

2207
02:47:39,933 --> 02:47:42,469
require primary residence or hosting short-term rentals

2208
02:47:42,469 --> 02:47:49,690
maintain housing arkets. I guess I would say if you are

2209
02:47:54,481 --> 02:47:58,351
saying -- requiring primary residence, that I think in

2210
02:47:58,351 --> 02:48:01,321
essence is saying require owners to have a presence in tracy,

2211
02:48:01,321 --> 02:48:02,557
right? Is that what I'm reading?

2212
02:48:02,557 --> 02:48:09,757
I would agree, that may lend to what -- the concerns voiced

2213
02:48:10,765 --> 02:48:14,368
earlier large conglomerates buying from out of state or even

2214
02:48:14,368 --> 02:48:16,103
out of country and managing mass numbers of properties here, I

2215
02:48:16,103 --> 02:48:20,303
wouldn't want to see that hap happen.

2216
02:48:21,242 --> 02:48:22,510
I think that would be advantageous in limit number of

2217
02:48:22,510 --> 02:48:26,580
vehicles per visitor -- I've seen that issue a couple of

2218
02:48:26,580 --> 02:48:28,649
times where we have lots of random vehicles that show up and

2219
02:48:28,649 --> 02:48:33,449
come and go. Limit the number of permits

2220
02:48:35,723 --> 02:48:39,560
citywide, I would favor that as well.

2221
02:48:39,560 --> 02:48:42,530
mandate local contact in the area for sure I agree with that.

2222
02:48:42,530 --> 02:48:47,301
that's where I stand on those ideas, I would support this but

2223
02:48:47,301 --> 02:48:49,602
I would like to see 4 come back with some of the alterations

2224
02:48:49,602 --> 02:48:54,174
that I recommended and some additional recommendations from

2225
02:48:54,174 --> 02:48:57,277
staff and I wanted to hear your thoughts on a couple things that

2226
02:48:57,277 --> 02:49:02,770
I mentioned, primarily -- which one was at?

2227
02:49:08,880 --> 02:49:12,288
zoning, potential to have a zoning layer.

2228
02:49:12,425 --> 02:49:16,297
>> to your question a lot of times those zones you might

2229
02:49:16,297 --> 02:49:22,297
exclude for example high them at high density rentals, people

2230
02:49:25,454 --> 02:49:28,390
renting an apartment they apply, the next think you know the

2231
02:49:28,390 --> 02:49:31,827
property owner is calling us, why did you do this?

2232
02:49:31,827 --> 02:49:35,897
there are certain restrictions in terms of zoning we can look

2233
02:49:35,897 --> 02:49:38,333
at other times, certain cities have said for whatever

2234
02:49:38,333 --> 02:49:41,269
neighborhood we just don't want it to the neighborhood

2235
02:49:41,269 --> 02:49:44,906
association or hoa has said we don't want it so we respect that

2236
02:49:44,906 --> 02:49:46,742
as well. Those will be some restrictions

2237
02:49:46,742 --> 02:49:49,945
if you will. I think every city is different

2238
02:49:49,945 --> 02:49:51,813
and I trust our planning department to look through and

2239
02:49:51,813 --> 02:49:55,117
recommend to you wall but I just wanted to give you some examples

2240
02:49:55,117 --> 02:49:58,886
as to why there ight be certain restrictions one way or the

2241
02:49:58,886 --> 02:50:02,324
other. >> I would presume hoas and

2242
02:50:02,324 --> 02:50:07,124
aartment complex rules or condominium complex rules would

2243
02:50:07,495 --> 02:50:11,433
govern if there was an issue there, correct?

2244
02:50:11,433 --> 02:50:15,370
>> we can't enforce those rules but if you're asking why for

2245
02:50:15,370 --> 02:50:22,377
instance we would say we one to allow a hdr mostly because those

2246
02:50:22,377 --> 02:50:26,380
are renters and they would not be allowed to do that otherwise.

2247
02:50:26,380 --> 02:50:30,510
you were just asking for certain zoning restrictions, that could

2248
02:50:30,510 --> 02:50:32,920
be it. Otherwise it could be an area

2249
02:50:32,920 --> 02:50:37,125
ultimately the city for whatever reason wants to encourage

2250
02:50:37,125 --> 02:50:40,562
natural growth and doesn't want to do that.

2251
02:50:40,562 --> 02:50:44,990
fr instance as christina was saying limited to downtowns, get

2252
02:50:44,990 --> 02:50:46,968
more people there. Those are examples of it, that

2253
02:50:46,968 --> 02:50:52,368
you can visualize, that's all. >> the chair: thank you

2254
02:50:55,677 --> 02:50:57,677
councilmember. Councilmember nygard.

2255
02:50:58,680 --> 02:51:02,250
>> I also support option 4 and I like the recommendations that

2256
02:51:02,250 --> 02:51:05,250
councilmember evans has put forward.

2257
02:51:06,954 --> 02:51:13,428
I would like to see that kind of information come back.

2258
02:51:13,428 --> 02:51:14,929
>> the chair: councilmember bedolla.

2259
02:51:14,929 --> 02:51:17,366
>> I'm good with option 4. >> the chair: as per my

2260
02:51:17,366 --> 02:51:21,169
comments initially I was concerned with ramifications of

2261
02:51:21,169 --> 02:51:24,539
the housing market that I to mike and I was leaning towards

2262
02:51:24,539 --> 02:51:27,109
not permitting however, given what staff has provided come I

2263
02:51:27,109 --> 02:51:33,348
think I'm open to it. The question I have is if we

2264
02:51:33,348 --> 02:51:37,118
determine that this becomes more problematic in the future, is

2265
02:51:37,118 --> 02:51:42,890
there a particular trigger, will there be an ability to easily

2266
02:51:42,890 --> 02:51:49,397
pipit should we identify if it doesn't work for our community?

2267
02:51:49,397 --> 02:51:52,200
>> that gets more complicated in the sense that someone has a

2268
02:51:52,200 --> 02:51:54,302
vested right at that point in time.

2269
02:51:54,302 --> 02:51:59,700
you to have an annual with dual process, you will.

2270
02:51:59,700 --> 02:52:01,677
generally speaking if they've met all the requirements, you

2271
02:52:01,677 --> 02:52:03,412
can't do that. That's why it's good to be

2272
02:52:03,412 --> 02:52:06,548
proactive at the beginning and try to take your time and

2273
02:52:06,548 --> 02:52:09,250
envision what those problems could be which I think staff

2274
02:52:09,250 --> 02:52:12,159
that a great job of talking about the restrictions you can

2275
02:52:12,159 --> 02:52:16,970
put into place. I would advise it's uch better

2276
02:52:16,970 --> 02:52:19,900
to be really restrictive at first and then peel off a

2277
02:52:19,900 --> 02:52:23,237
certain restrictions than being a bit more open and then to take

2278
02:52:23,237 --> 02:52:26,139
that away from people. That's when you get someone to

2279
02:52:26,139 --> 02:52:30,444
say I'm suffering because of these other people versus if you

2280
02:52:30,444 --> 02:52:34,148
restrict it and allow some certain circumstances with the

2281
02:52:34,148 --> 02:52:36,783
limits, it's much easier that way instead of a more

2282
02:52:36,783 --> 02:52:39,186
free-for-all approach. >> the chair: with that I'll

2283
02:52:39,186 --> 02:52:42,122
be supporting option 4. I definitely want to highlight

2284
02:52:42,122 --> 02:52:44,592
the distance between one another.

2285
02:52:44,592 --> 02:52:47,928
I think for example we want to develop our downtown, we want to

2286
02:52:47,928 --> 02:52:51,132
encourage people to live downtown, have it be a walkable

2287
02:52:51,132 --> 02:52:54,802
downtown and I would hate for it to be only short-term rentals.

2288
02:52:54,802 --> 02:52:57,471
want to make sure people are living their part of the

2289
02:52:57,471 --> 02:52:59,406
community and providing opportunity come I think it will

2290
02:52:59,406 --> 02:53:02,409
be important. Did you have a comment?

2291
02:53:02,409 --> 02:53:03,878
>> we would actually look at that.

2292
02:53:03,878 --> 02:53:09,820
the other thing is throughout the central valley -- or full

2293
02:53:09,820 --> 02:53:14,422
disclosure I worked on this ordinance in manteca which is

2294
02:53:14,422 --> 02:53:17,910
why you should be popping up a lot tonight.

2295
02:53:17,910 --> 02:53:19,760
they realized a lot of people were buying homes on the same

2296
02:53:19,760 --> 02:53:22,162
block in same cul-de-sac and if there would be a big wedding

2297
02:53:22,162 --> 02:53:25,500
they would rent out all four homes at the same time and it

2298
02:53:25,500 --> 02:53:30,838
would be party central which is why you can put certain distance

2299
02:53:30,838 --> 02:53:34,308
requirements in there to make it first come serve but you don't

2300
02:53:34,308 --> 02:53:39,113
have an entire block, and tyler street, and tar cul-de-sac of

2301
02:53:39,113 --> 02:53:42,582
short-term rental units. >> the chair: that would be by

2302
02:53:42,582 --> 02:53:44,518
request. Secondly as I brought up before

2303
02:53:44,518 --> 02:53:48,456
if we put in particular restrictions to prohibit these

2304
02:53:48,456 --> 02:53:51,926
big conglomerate corporations from taking over, I really

2305
02:53:51,926 --> 02:53:55,396
support our local folks having investments, that's fine.

2306
02:53:55,396 --> 02:53:58,865
but I would not be in support of having huge corporations come in

2307
02:53:58,865 --> 02:54:04,865
and take over our city. Those would be my requests.

2308
02:54:07,274 --> 02:54:11,411
build consensus around option 4. Does staff need any additional

2309
02:54:11,411 --> 02:54:15,611
direction? >> one thing that would be good

2310
02:54:18,519 --> 02:54:21,490
just to confirm with counsel is your stance on hosted versus

2311
02:54:21,490 --> 02:54:24,658
unhosted I think I heard comments tonight that seem to

2312
02:54:24,658 --> 02:54:27,295
indicate there was support for acquiring hosted but I want to

2313
02:54:27,295 --> 02:54:30,363
make sure everyone understands what that means and just to be

2314
02:54:30,363 --> 02:54:34,301
clear it would mean someone can only have a short-term rental

2315
02:54:34,301 --> 02:54:38,500
such as airbnb if they're going to be present in the house.

2316
02:54:38,500 --> 02:54:41,709
if any of you have ever rented airbnb -- for me personally when

2317
02:54:41,709 --> 02:54:44,645
I've stayed at those my house was empty my whole family

2318
02:54:44,645 --> 02:54:47,180
occupied it. I want to make sure you know in

2319
02:54:47,180 --> 02:54:49,584
the 88 examples that we probably have roughly in the city, I'm

2320
02:54:49,584 --> 02:54:52,787
guessing but I think most of them probably are where you are

2321
02:54:52,787 --> 02:54:55,990
not there and they are renting the whole house.

2322
02:54:55,990 --> 02:54:58,359
just so we want to make sure we are aware if we are seeing yes

2323
02:54:58,359 --> 02:55:00,928
to this come I want to make sure you understand that piece of it.

2324
02:55:00,928 --> 02:55:05,128
and we are clear on your direction.

2325
02:55:05,549 --> 02:55:08,752
>> the chair: I concur, that was not my intent.

2326
02:55:08,752 --> 02:55:10,488
>> yet, none hosted to. >> the chair: we have

2327
02:55:10,488 --> 02:55:15,288
consensus on that. Do you need a motion?

2328
02:55:23,100 --> 02:55:29,100
>> motion to proceed with optiof the ones that were highlighted

2329
02:55:29,740 --> 02:55:32,140
by counsel. >> first and

2330
02:55:32,709 --> 02:55:33,778
>> mayor pro-tem abercrombie. Second, will call please.

2331
02:55:33,778 --> 02:55:34,779
>> yes. >> councilmember evans.

2332
02:55:34,779 --> 02:55:35,779
>> yes. >> councilmember bedolla.

2333
02:55:35,779 --> 02:55:37,247
>> yes. >> councilmember nygard.

2334
02:55:37,247 --> 02:55:39,647
>> yes. >> and mayor arriola.

2335
02:55:39,716 --> 02:55:43,316
>> yes. >> the chair: thank you steph

2336
02:55:44,754 --> 02:55:47,257
we look forward to additional work on this.

2337
02:55:47,257 --> 02:55:52,529
with regards to item six-point see that was killed by motion

2338
02:55:52,529 --> 02:55:54,264
earlier tonight, will not be looking at that item.

2339
02:55:54,264 --> 02:56:00,700
that brings us to item 6.d related to a merit increase for

2340
02:56:00,700 --> 02:56:02,470
city attorney. Staff, please.

2341
02:56:08,612 --> 02:56:10,130
>> good evening mayor and council, kimberly murdaugh your

2342
02:56:10,130 --> 02:56:13,751
human resources director and the item before you tonight is a

2343
02:56:13,751 --> 02:56:19,151
reflection of direction that counsel has provided for the

2344
02:56:20,391 --> 02:56:25,362
amendment to an at will employment agreement to city

2345
02:56:25,362 --> 02:56:31,962
attorney -- he was appointed by city council on july 14th 2025.

2346
02:56:32,169 --> 02:56:37,374
annually the contract allows for the city council to conduct a

2347
02:56:37,374 --> 02:56:42,174
performance evaluation which was completed on june 23rd 2026.

2348
02:56:44,248 --> 02:56:47,651
because he received a satisfactory performance

2349
02:56:47,651 --> 02:56:52,451
evaluation, counsel discussed with egotiators at amendment to

2350
02:56:53,123 --> 02:56:57,923
mr. Nefouse's employment agreement to reflect a merit

2351
02:56:58,162 --> 02:57:02,533
increase which was determined by counsel to be 5%.

2352
02:57:02,533 --> 02:57:06,503
the item before you tonight is simply an amendment to his

2353
02:57:06,503 --> 02:57:12,503
contract to reflect modification of subsection a to my base

2354
02:57:12,810 --> 02:57:14,944
salary of section three from compensation benefits to

2355
02:57:14,944 --> 02:57:18,544
increase his base salary from $12,163.21 to $12,771.37

2356
02:57:27,358 --> 02:57:29,526
biweekly. In addition this item would

2357
02:57:29,526 --> 02:57:33,964
amend the master salary schedule to reflect the increase for

2358
02:57:33,964 --> 02:57:36,333
mr. Nefouse effective july 122026.

2359
02:57:36,333 --> 02:57:38,502
that concludes my report I'm happy to answer any questions.

2360
02:57:38,502 --> 02:57:42,739
>> the chair: do we have any preliminary questions?

2361
02:57:42,739 --> 02:57:46,176
do we have any members of the public would like to speak on

2362
02:57:46,176 --> 02:57:48,979
item 6.d. Singh none on chambers, do we

2363
02:57:48,979 --> 02:57:52,517
have any online? >> no hands on line.

2364
02:57:52,517 --> 02:57:56,961
>> the chair: close-up public comment for item 6.d.

2365
02:57:56,961 --> 02:57:58,996
ive told you privately I will say public I think you've done

2366
02:57:58,996 --> 02:58:01,799
an excellent job we've changed the culture of this organization

2367
02:58:01,799 --> 02:58:04,402
we could have not done it without your assistance I think

2368
02:58:04,402 --> 02:58:07,338
the merit increases well-deserved, keep up the good

2369
02:58:07,338 --> 02:58:09,338
work. Anything additional?

2370
02:58:11,208 --> 02:58:14,379
>> I echo the mayor's sentiments and I would make a motion to

2371
02:58:14,379 --> 02:58:19,179
adopt a resolution 1 amending at will employment agreement

2372
02:58:20,751 --> 02:58:24,688
between david nefouse and city of tracy effective july 122026

2373
02:58:24,688 --> 02:58:30,688
reflect a merit increase of 5% for a biweekly increase from

2374
02:58:32,960 --> 02:58:35,696
$12,163.21 to $12,771.37 and 2 amended the master salary

2375
02:58:38,503 --> 02:58:41,105
schedule to reflect the salary increase for the city attorney

2376
02:58:41,105 --> 02:58:43,105
effective july 122026. >> second.

2377
02:58:45,430 --> 02:58:46,777
>> the chair: we have first and second.

2378
02:58:46,777 --> 02:58:47,712
roll call please. >> mayor pro-tem abercrombie.

2379
02:58:47,712 --> 02:58:49,712
>> yes. >> councilmember evans.

2380
02:58:49,747 --> 02:58:50,848
>> yes. >> councilmember bedolla.

2381
02:58:50,848 --> 02:58:52,249
>> yes. >> councilmember nygard.

2382
02:58:52,249 --> 02:58:53,851
>> yes. >> and mayor arriola.

2383
02:58:53,851 --> 02:58:56,251
>> yes. >> the chair: congratulations,

2384
02:59:01,526 --> 02:59:02,460
mr. Nefouse. That brings us to items from the

2385
02:59:02,460 --> 02:59:04,662
audience would any members of the public like to speak on an

2386
02:59:04,662 --> 02:59:07,464
item that is not n tonight's agenda?

2387
02:59:07,464 --> 02:59:12,264
singh on a chambers to we any online?

2388
02:59:12,269 --> 02:59:13,738
>> no hands online. >> the chair: I will close out

2389
02:59:13,738 --> 02:59:20,338
items from the audience and that brings us to staff items.

2390
02:59:22,947 --> 02:59:27,418
>> I have a few brief announcements before we go on

2391
02:59:27,418 --> 02:59:29,821
summer recess. This is the final city council

2392
02:59:29,821 --> 02:59:32,823
meeting before the summer recess, council meetings will

2393
02:59:32,823 --> 02:59:35,493
resume on tuesday august 18th. We look forward to seeing

2394
02:59:35,493 --> 02:59:40,765
everyone then, have a wonderful rest of your summer.

2395
02:59:40,765 --> 02:59:45,503
join us on friday july 10th from 6:00 to 9:00 for the downtown

2396
02:59:45,503 --> 02:59:49,607
block party at front street plaza, enjoy a free evening of

2397
02:59:49,607 --> 02:59:56,207
live music, featuring the rn to be been patently fair dumb

2398
02:59:58,480 --> 03:00:04,655
academic along with food and friendly fun, there will be a fe

2399
03:00:04,655 --> 03:00:07,524
event at the boyd service center, residents nd local

2400
03:00:07,524 --> 03:00:11,724
business can safely recycle unwanted electronic devices,

2401
03:00:11,996 --> 03:00:15,533
free document shredding will be happening saturday july 18th

2402
03:00:15,533 --> 03:00:21,605
from 8:00 a.m. To 12:00 p.m. In the north city hall, residents

2403
03:00:21,605 --> 03:00:25,743
can trade up to three banker boxes of confidential documents

2404
03:00:25,743 --> 03:00:28,546
for more information please visit recycle inside a

2405
03:00:28,546 --> 03:00:33,946
triangle.com. Join us for movies in the plaza

2406
03:00:34,486 --> 03:00:39,490
at civic center plaza the featured film is "spongebob: the

2407
03:00:39,490 --> 03:00:42,593
movie." bring your long chairs and

2408
03:00:42,593 --> 03:00:46,430
blankets and enjoy a free movie night under the stars the movie

2409
03:00:46,430 --> 03:00:50,787
begins at 7:30:00 p.m. Jin us, join the tracy police

2410
03:00:50,787 --> 03:00:53,457
department on tuesday august 4th for a national night out a

2411
03:00:53,457 --> 03:00:57,794
citywide celebration at briggs neighbors, law enforcement, and

2412
03:00:57,794 --> 03:01:00,230
community partners together to promote crime prevention and to

2413
03:01:00,230 --> 03:01:05,268
strengthen our community to go visit our website for more

2414
03:01:05,268 --> 03:01:07,738
information, that finishes staff announcements.

2415
03:01:07,738 --> 03:01:10,341
>> the chair: that brings us to council items.

2416
03:01:10,341 --> 03:01:13,941
any on the side? Councilmember bedolla.

2417
03:01:15,745 --> 03:01:18,515
>> wanted to make a brief comment.

2418
03:01:18,515 --> 03:01:21,752
june 26th of this year there was a sad loss of life in front of

2419
03:01:21,752 --> 03:01:27,152
the target department store. This family grieving that loss

2420
03:01:28,492 --> 03:01:31,628
of life, another family grieving the other part -- I think for

2421
03:01:31,628 --> 03:01:35,232
one more day there is a fund-raiser for the family who's

2422
03:01:35,232 --> 03:01:37,900
trying to raise some funds for end-of-life costs.

2423
03:01:37,900 --> 03:01:43,500
if you would like to support they are located at 647 palm

2424
03:01:43,500 --> 03:01:48,211
circle here in tracy from 11:30:00 a.m. To 6:30:00 p.m.

2425
03:01:48,211 --> 03:01:51,981
and this is for mr. Andy who lost his life.

2426
03:01:51,981 --> 03:01:56,319
>> the chair: any on the side? Councilmember evans.

2427
03:01:56,319 --> 03:01:59,590
>> I want to thank he community for some great celebrations a

2428
03:01:59,590 --> 03:02:03,190
lot of patriotism here last weekend.

2429
03:02:03,193 --> 03:02:06,263
I saw the mayor at the flag raising at the southside

2430
03:02:06,263 --> 03:02:10,660
community organization. That had a flag pole there for

2431
03:02:10,660 --> 03:02:14,400
many years and it had never been utilized but they raised an

2432
03:02:14,400 --> 03:02:18,308
american flag over the guadalupe center and it flies proudly they

2433
03:02:18,308 --> 03:02:20,977
are now. It was very cool celebration and

2434
03:02:20,977 --> 03:02:25,716
that was followed by our fourth of july parade.

2435
03:02:25,716 --> 03:02:28,419
the amount of patriotism and community that I saw there, it

2436
03:02:28,419 --> 03:02:31,154
was a lot of fun and I want to thank everybody for all their

2437
03:02:31,154 --> 03:02:37,494
efforts they put into that, celebrating I'm going to try to

2438
03:02:37,494 --> 03:02:44,694
say it; centennial -- I'm proud to be a tracyite and american.

2439
03:02:45,436 --> 03:02:50,374
>> the chair: I would echo that, thank you staff,

2440
03:02:50,374 --> 03:02:53,911
community, downtown association for incredible 250 celebration

2441
03:02:53,911 --> 03:02:57,914
for the fourth of july. It was a great celebration and I

2442
03:02:57,914 --> 03:03:01,451
very much encourage folks to join us for national night out

2443
03:03:01,451 --> 03:03:04,855
and we look forward to a break and seeing everyone at the next

2444
03:03:04,855 --> 03:03:07,157
regular council meeting on august 18th.

2445
03:03:07,157 --> 03:03:10,694
I just wish everyone a happy summer and especially to our

2446
03:03:10,694 --> 03:03:14,731
staff who have worked so diligently throughout the year.

2447
03:03:14,731 --> 03:03:17,234
please enjoy your recess. With that I will take a motion

2448
03:03:17,234 --> 03:03:20,269
to adjourn. Speak a motion to adjourn.

2449
03:03:20,269 --> 03:03:21,738
>> second. >> the chair: first and

2450
03:03:21,738 --> 03:03:22,673
second, will call >> mayor pro-tem abercrombie.

2451
03:03:22,673 --> 03:03:23,206
>> yes. Please.

2452
03:03:23,206 --> 03:03:24,374
>> councilmember evans. >> yes.

2453
03:03:24,374 --> 03:03:25,676
>> councilmember bedolla. >> yes.

2454
03:03:25,676 --> 03:03:27,577
>> councilmember nygard. >> yes.

2455
03:03:27,577 --> 03:03:29,977
>> and mayor arriola. >> yes.

2456
03:03:33,383 --> 03:03:37,888
>> the chair: we are adjourned at 9:50:00 p.m., good night,

2457
03:03:37,888 --> 03:03:39,888
everyone.