[13:49] >> all right, good evening. I'm going to call the meeting to
[13:51] order at 7:00 p.m. For july 7th, 2026.
[13:54] at this time there is no disclosure pursuant to ection
[14:00] 5495.8.3. Roll call and declaration of
[14:03] conflicts, please. [roll call]
[14:17] thank you, we have a quorum. >> thank you.
[14:20] please stand and joni for the pledge of allegiance.
[14:25] >> I pledge allegiance to the flag of the united states of
[14:29] america, and to the republic for which it stands, one nation,
[14:33] under god, indivisible, with liberty and justice for all.
[14:38] >> now please remain standing for our indication from pastor
[14:40] scott mcfarland from journey christian church.
[14:45] >> father god, as we celebrated our 250 years as a nation, we
[14:50] owe you a great debt of gratitude.
[14:53] thank you, father, and for the forefathers who had the courage
[14:59] to establish this country -- [inaudible]
[15:04] thank you for working through all of our leaders,
[15:09] first responders, military, and for inspiring us to stand as one
[15:13] nation under god, using this nation to encourage freedom
[15:16] everywhere. God, we know we are imperfect
[15:19] and we fail at times, yet your steady hand continues to lead us
[15:23] forward, so we honor you for that and thank you for it as a
[15:26] country. Tonight we pray for our city
[15:28] leaders, our families, and all that serve this city.
[15:30] may you fill this room with your wisdom and peace so we can
[15:35] continue to honor the legacy you started 250 years ago.
[15:38] we ask this in your holy name. Amen.
[15:44] >> thank you, pastor. Please be seated.
[15:53] members of the public can participate in tonight's meeting
[15:57] remotely t, using the informatin provided on the screen.
[16:04] this is also available in writing here at city hall as
[16:07] well as on the city website. At this time it takes us to
[16:12] presentations and I will turn it over to our police chief.
[16:29] >> good evening, everyone. That wasn't very welcoming.
[16:33] good evening, everyone. I've got the honor of presenting
[16:36] the employee of the month for te month of july.
[16:41] it happens to be one of our own. Where is travis?
[16:43] that he is. I wanted to make sure he was
[16:47] here. It is my privilege, detective
[16:53] alexander has been a stellar employee, and I want to share a
[16:56] little bit about his background, what makes them so special.
[16:59] he was born and raised here in the city of tracy or he's always
[17:05] been committed to serving his home town and began well before
[17:09] he was a police officer. He attended wanda hirsch elinor
[17:14] driscoll and george kelly element to school, williams
[17:16] middle school, and graduated from kimball high school class
[17:20] of 2013. He later earned his associate's
[17:22] degree in criminal justice from san joaquin county college.
[17:27] his career with the tracy police department began at the age of
[17:32] 16 when he joined the police department explorer program back
[17:36] in 2011. As an explorer -- I'm sorry, I
[17:40] probably hould have introduced koda.
[17:42] it's not just him. They are a dynamic deal.
[17:44] I on't have koda's bio but I will share a small story about
[17:48] her. As an explorer he participated
[17:51] in right along's, community events and hands-on training.
[17:56] that introduced him to the profession he fell in love with.
[17:59] he learned from officers who eventually became his colleagues
[18:02] and mentors. After aging out of the program
[18:06] in 2016, he returned to the department in 2017 as a
[18:09] community services officer, where he gained valuable
[18:14] experience writing reports, assisting the public, and
[18:17] responding to calls for service. In 2018 we hired him as a police
[18:21] officer trainee and he attended the alameda county sheriff's
[18:25] office police academy. As a member of the 163rd academy
[18:29] class, since becoming a sworn officer he served in a variety
[18:33] of assignments to include patrol, our special enforcement
[18:37] team, we call it s.e.t., and erourspecial investigations unit
[18:45] where he is a detective. Among many assignments he
[18:49] considers serving as a detection k-9 handler to be his most
[18:53] rewarding to date. He's part of the work alongside
[18:56] his yellow lab here and our superstar retriever, k-9 koda,
[19:03] and koda is a she. The name is unisex but I made
[19:06] the mistake of referring to her as he after an amazing case
[19:11] these last few days. I won't get into the details of
[19:15] it but koda made a huge find and it was an amazing case.
[19:18] so we appreciate all they collectively do.
[19:23] in addition to his primary duties, detective alexander
[19:26] remains actively involved throughout the department.
[19:27] he serves as one one of the jur cadet advisors.
[19:32] quick story about that, this past weekend or the weekend
[19:36] after last, fourth of july, part of his instruction and
[19:40] mentorship along with the other advisors allowed our junior
[19:48] cadets to win multiple awards this past explorer competition.
[19:52] it's a testament to his commitment having been in their
[19:56] shoes, so he gives back. He's also a s.w.a.t. Sniper
[20:02] operator, a treasurer for the tracy police k-9 association.
[20:06] these roles reflect his commitment to mentorship not
[20:10] only to the future officers we have here, that his fellow
[20:13] employees and contributing both on the street and internally.
[20:21] outside of work he enjoys fishing, hiking, mountain b
[20:25] mountain biking, and spending time with his wife, amy, I
[20:32] didn't want to not acknowledge her, and the three dogs, scout,
[20:37] plato, and of course koda, who has been adopted into the family
[20:40] as a little sister. Travis is also passionate
[20:44] supporting the northern california special olympics, a
[20:47] cause he he is especially fond of because of his mother,
[20:55] sharon, who helped establish a new special olympics branch in
[20:59] pleasanton. She inspired his dedication to
[21:00] these incredible athletes and he gives back serving the
[21:07] organization. He encourages everyone who is
[21:09] able to support special olympics through donations or volunteer
[21:14] service. Every contribution helps to
[21:16] provide life-changing opportunities for athletes to
[21:22] compete, build confidence, and experience the power of
[21:23] inclusion. I know that was long but I want
[21:25] to give a round of applause to captain alexander.
[21:30] come on up. I will say this in closing, our
[21:36] city manager couldn't be here but she called me before she
[21:48] left and expressed appreciation for the conversation as she was
[21:49] extremely moved by how committed you are.
[21:50] thank you very much. A little shy today.
[22:19] thank you. >> his sister is in the
[22:25] audience. >> hi.
[22:26] and his sister is in the audience.
[22:33] >> we have a few more proclamations.
[22:34] I will ask council to join me. >> congratulations again,
[23:00] detective. We have a few certificates to
[23:03] recognize our military enlistments so I'm going to ask
[23:05] them to come up. They can say a word if they'd
[23:07] like and we will do a group photo at the end.
[23:10] with that, our first person is carina barrios godinez.
[23:24] on behalf of the city of tracy, we have a certificate of
[23:28] recognition on the occasion of your enlistment in the
[23:33] united states air force. Next up we have miguel calderon.
[23:53] we have a certificate of recognition presented to miguel
[23:57] calderon on the occasion of your enlistment in the united states
[24:00] air force. Next, martin adam soriano.
[24:17] we have a certificate of recognition presented to martin
[24:21] adam soriano on the occasion of your enlistment in the
[24:24] united states air force. Next up, chastity lott.
[24:45] juan florez. Alisalecia perez.
[24:59] we have a certificate of recognition presented to alecia
[25:01] perez on the occasion of your enlistment in the united states
[25:04] army. Let's grab a photo for everyb
[25:20] everybody. All right, another round of
[25:37] applause for all our military enlistments.
[25:39] [applause] next up we have a certificate
[25:46] appointmofappointment and I wouo invite r. Powell.
[26:02] we have a certificate of appointment to certify that
[26:05] dr. Powell was appointed to the parks and community services
[26:08] commission for a term commencing june 23rd, 2026, and expiring on
[26:16] january 31st, 2028. Congratulations, commissioner.
[26:27] >> good evening, everyone. First, let me just say happy
[26:29] parks and rec month! Is an honor to be appointed in
[26:37] this capacity. I look forward to serving our
[26:40] community as they continue to do the great work that they are
[26:45] doing and as we work to continue to ensure that the residents of
[26:49] tracy are well. Thank you so much.
[27:06] >> another round of applause for the commissioner.
[27:12] and last but not least, we have a proclamation for parks and
[27:16] recreation month, so I would like to invite commissioner todd
[27:21] leleeberg and whoever else would like to join, as well.
[27:31] come on up. Don't be shy.
[27:39] come on up! As you can see we have a big
[28:10] parks and recreation team in the city and they are going to
[28:16] recognize july 2026 as parks and recreation month.
[28:20] the city of tracy parks and recreation and community
[28:21] services department is fundamental to our city's
[28:25] identity, quality of life through innovative programming,
[28:29] beautiful open spaces, and exceptional community services
[28:32] for all ages and abilities. Whereas tracy's localized parks
[28:35] and open green spaces serve as vital community acres providing
[28:39] safe welcoming environments that foster social connection, active
[28:43] outdoor play, and mental well-being for families and
[28:46] neighbors. With our city's diverse
[28:49] recreation programs they offer creative community experiences,
[28:53] enriching activities, our adult softball league, all of which
[28:56] promote healthy lifestyles and bring a sense of fun and
[29:00] vitality to tracy. The public swimming pool, open
[29:03] green spaces, and recreational facilities ensure had
[29:08] opportunity to exercise, relaxation, and play, and
[29:13] whereas they provide a crucial location ensuring residents have
[29:20] an essential space to beat the heat, exercise, nd gather.
[29:24] and whereas the department demonstrates an unwavering
[29:27] commitment to community care through specialized spaces and
[29:30] target initiatives including invaluable services at the
[29:39] senior center as well as dedicated youth and teen
[29:40] opportunities. And whereas our local park
[29:44] system provides urban green spaces to support conservation,
[29:49] foster civic pride, and build a more sustainable and resilient
[29:52] environment for future generations.
[29:54] whereas the national recreation of parks association and the
[29:59] u.s. House of representatives recognize july as national parks
[30:00] and recreation month, highlighting the transformer the
[30:04] power of local parks and dedicated recreation staff and
[30:08] building strong communities. Therefore be it resolved that
[30:11] I'd, dan arriola, mayor of the city of tracy, on behalf of the
[30:16] city council, to proclaim july 2026 as parks and
[30:20] recreation month in tracy and urge our volunteers and
[30:23] residents to make a positive difference in our community.
[30:27] thank you. >> thank you, mr. Mayor, council
[30:38] members. On behalf of the parks and
[30:39] community services commission I am proud to accept this
[30:44] proclamation. Parks make lives better.
[30:46] that is something we see every day in the city of tracy.
[30:51] parks are what make tracy special, it's where you take
[30:53] your children for the first swing of the bat, the first pick
[30:57] of the ball. When they are on the playground
[30:58] where families gather or neighbors celebrate together,
[31:04] residents of all races, ages, genders come together for
[31:08] active, healthy, connected lifestyles.
[31:11] our parks, our trails, our sports fields, recreation
[31:15] programs, community events, they all contribute to what makes
[31:19] tracy special. I would like to recognize first
[31:21] our city of tracy staff. They really do a great job for
[31:25] the parks, so thank them for all the amenities that you guys
[31:29] enjoy, but also the staff, the volunteers, the young employees
[31:33] here that are actively engaging with the youth to make this a
[31:37] special place. I want to embarrass two of them
[31:41] specifically, breanna and gillian, who are former tracy
[31:45] high water polo players. I had the privilege of coaching
[31:48] them. I just wanted to embarrass them
[31:50] and call them out. As we celebrate parks and
[31:53] recreation month, I encourage everyone to get outside to
[31:57] explore our parks, participate in a program, register for a
[32:01] class, swim in the pool. In a few years you will have the
[32:04] opportunity to swim in our brand-new aquatic center.
[32:07] I could not go without saying that.
[32:11] thank you. Thank you for the proclamation.
[32:12] I appreciate it. >> lets come onto the side.
[32:41] [inaudible] >> can we kneel?
[33:02] >> ready? One, two, three.
[33:09] >> another round of applause. [applause]
[33:36] >> all right. We will allow a minute for folks
[33:40] to exit from the presentations. All right, thank you.
[34:33] my understanding is that the mayor pro tem had a motion.
[34:38] >> yes, please. I previously requested this item
[34:39] but I would like to make a motion to object to the
[34:44] consideration of 6c and have it killed and not move forward at
[34:48] all. >> to suspend the rules of
[34:52] naming of individual sports fields at the ballpark, at tracy
[34:57] pioneer sports park? And then can you clarify any
[35:02] procedural issues? >> yes, this is subject to the
[35:06] rosenberg rules this counsel abcouncilabides by.
[35:12] it is not a debate motion and it does require four fifths
[35:15] approval tonight to do that. It would take the item off the
[35:19] agenda for this evening. >> can you clarify, if the
[35:23] motion fails, what happens? >> it would go as regularly
[35:27] scheduled. >> understood.
[35:28] the mayor pro tem has made a motion.
[35:31] you have a second? >> second.
[35:34] >> we have a priest and a second.
[35:34] and that would be to kill the motion from the agenda.
[35:38] roll call, please. >> mayor pro tem abercrombie?
[35:43] >> yes. >> councilmember evans?
[35:46] >> yes. >> councilmember bedolla?
[35:48] >> yes. >> council member nygard?
[35:52] >> yes. Mayor arriola?
[35:54] >> yes. With that, the item dies and we
[35:56] will not consider any change to that process.
[35:58] so the process will continue normally for the naming process.
[36:03] >> consistent with council direction with the last meeting
[36:07] that addressed that item, yes. >> thank you, mayor pro tem.
[36:10] that brings us to the consent calendar.
[36:14] are there any members of the council who would like to pull
[36:19] any consent items? >> yes, mary.
[36:21] I have been requested to pull item 3w.
[36:27] >> mayor, I request to pull 3l. >> all right.
[36:36] a lot of items on his agenda. The second reading for oversized
[36:45] vehicles, and 3l was related to the transit station's emergency
[36:50] backup generator. Anything on the side?
[36:55] did staff have any items to pull?
[36:58] >> no items to pull. >> did any members of the public
[37:01] want to pull an item? I understand there is a request
[37:05] for item 3b? Is that correct?
[37:15] was their speaker cards for a certain item?
[37:19] 3b will be pulled. Other than 3b, l, and w, are
[37:26] there any items to be pulled? 3c.
[37:34] 3b was regarding maps for the tracy hills commerce center.
[37:40] 3c was related to the rocking horse development project, an
[37:47] and 3q... Was related to the execution of
[37:56] a fee credit reconciliation. Bclq, w.
[38:05] where there any other items to be pulled?
[38:10] we can go through them individually.
[38:12] so those items will all be pulled, and other than that, I
[38:16] will entertain -- is there anyone online?
[38:21] >> no, no hands on line. >> with that, I will entertain a
[38:25] motion. >> I make a motion to approve
[38:27] the consent calendar minus items b, c, l, q, and w.
[38:35] >> second. >> we have a first and second.
[38:37] roll call, please. [roll call]
[38:48] >> all right, we'll start with item 3b related to the final map
[38:51] for the tracy hills commerce center.
[38:59] >> good evening, council. I am al gali, associate
[39:02] engineer. This couns council item is for m
[39:09] south of the canal. The developer is ridgeline
[39:12] property group. Its development is within the
[39:15] tracy hills specific plan and it's called the tracy hills
[39:17] commerce center. The purpose of this counsel item
[39:20] is the approval of a subdivision agreement and the final map for
[39:26] tract 4113. This would guarantee the
[39:29] construction of required public improvements such as a widened
[39:34] road and public street. This will create lots of record
[39:38] for industrial lease and sale. This concludes my summary f the
[39:40] project and I am available to answer any questions.
[39:44] >> thank you. I will go to council for
[39:46] preliminary questions. Is there any from council?
[39:54] mayor pro tem? >> can you please
[40:01] explain -- there was a process for objecting to this project, I
[40:04] believe that time has expired. What would be the ramification
[40:08] should we try to halt this at this time?
[40:13] >> when the project is approved by city council and is no more
[40:17] discretionary, as this project was on july 1st, 2025, the ime
[40:21] period to challenge it is based on whether or not a notice of
[40:24] decision is filed. In this case, it was.
[40:26] so you would have 30 days from that, and therefore the
[40:32] expiration to make a challenge vis-a-vis this project would
[40:33] have been august 2025. If there was no notice of
[40:37] decision filed, it would have been 180 days statute of
[40:43] limitations period, but that would have also expired, as
[40:46] well, since it has been a year since the project approval.
[40:50] so at this point, unless there is any significant changes to
[40:56] the project -- for instance, if the applicant was coming to make
[41:01] expansions go beyond any other conditions of approval, that
[41:05] would open it up for discretionary review by the
[41:08] council, the deadline to file a challenge has since expired.
[41:13] >> thank you very much. Any additional preliminary
[41:17] questions from council? Seeing none seeing --
[41:19] >> I'll make a comment. I have no questions.
[41:26] >> with that, we will go out for public comment.
[41:29] are there any speaker cards? >> yes, mayor.
[41:33] I have two speaker cards. >> we will start with those,
[41:37] please. >> the first speaker is david
[41:42] correa. >> sorry, before we begin, can I
[41:47] please see hands raised for who would like to speak on this it
[41:53] item? I am seeing three, so that means
[41:55] each speaker will get 4 minutes. You can begin.
[42:00] the microphone is right there in front of you, apologies.
[42:07] >> good evening, mayor, city council.
[42:08] my name is david correa and I am a proud sheet metal worker.
[42:13] I am born and raised here in tracy and I am here tonight
[42:16] because I continue to support the tracy hills project and the
[42:20] opportunities it represents for our community.
[42:23] responsible growth creates good local jobs, strengthens our
[42:27] economy, and expands our tax base while providing the
[42:30] services and businesses are residents rely on.
[42:34] I proudly support this project moving to the next step and
[42:38] thank you for your time, thank you for supporting our
[42:41] local workers. >> thank you, mr. Correa.
[42:45] next speaker card, please. >> our next speaker is liz
[42:53] sutton. >> good evening, council.
[43:04] >> can you pull the microphone a little closer to you?
[43:07] >> yes. Is that better?
[43:10] >> yes, thank you. >> I'm here epresenting sheet
[43:12] metal workers, the business rep, and representing working
[43:16] families that live here in tracy and also those families working
[43:21] with the electricians, plumbers, pipe fitters, and ironworkers.
[43:26] on july 1st the city council voted to approve this project
[43:32] and bring good union paying jobs to the city of tracy.
[43:37] im hoping we can keep moving forward with this and this
[43:41] project will be built with water and building codes and high
[43:45] standards because of using union labor.
[43:50] I just want to thank the council for voting for this project.
[43:57] thank you. >> thank you, ms. Sutton.
[43:59] next speaker card, please. >> we have no more peaker
[44:03] cards. >> we will open up to the rest
[44:04] of the public. Anyone want to speak on this
[44:08] item? Do you have a microphone for
[44:10] mr. Healy? >> I am here representing an
[44:30] abused tracy citizen. I have sent council a plethora
[44:34] of unresolved issues I've had particularly with the
[44:37] transportation department. >> I had to stop you, is this
[44:39] for item 3b? >> I thought this was just
[44:43] public comment. >> this is related to item 3b
[44:47] only. I apologize.
[44:47] we will make sure you get your time for items in the audience.
[44:50] any other speakers who would like to speak specifically on
[44:55] item 3b related to the tracy hills commerce center?
[44:58] seeing none, do we have any online speakers for this item?
[45:03] >> no, no hands-on line. >> with that I will close the
[45:05] public comment portion for this item and e can return for the
[45:10] discussion or motion. Councilmember evans, you had a
[45:15] comment? >> just a quick comment on this
[45:17] item. I was adamantly against this
[45:21] item, not against building an industrial facility if it were
[45:25] to be placed in one of our industrial zones.
[45:28] this is not, as proposed, for corral hollow between our
[45:33] largest neighborhoods in tracy. I disagree with the lacement of
[45:37] this particular development in this area prayed for
[45:41] consistency's sake, I'm going to vote no for this particular
[45:45] item. >> understood.
[45:46] any additional comment from council?
[45:48] seeing none, with that I will entertain a motion.
[45:51] >> a motion to approve 3b. >> I will second.
[45:54] >> we have a first and second. Roll call, please.
[46:01] [roll call] >> item 3b passes.
[46:11] thank you, everyone who came to speak.
[46:13] that brings us to item 3c, related to the rocking horse
[46:20] development project. Staff report, please.
[46:25] >> good evening again. This council item is for
[46:29] residential development just north of the redbridge
[46:36] residential development. The homebuilder is shea homes.
[46:40] the purpose is to approve an agreement and bonds as well as a
[46:44] small final map. The end result will allow future
[46:47] home buyers to buy homes. This concludes my brief summary
[46:52] of the project and I am available to answer any
[46:56] questions. >> thank you.
[46:57] do you have any preliminary questions?
[46:59] seeing none, with that we will go for public comment.
[47:01] can I please see hands raised for item 3c?
[47:06] I see willnutes. Doave
[47:09] no, mayo >> to thlic
[47:18] d evening, council, staff. Pretty much I would like this
[47:21] item to be pulled. There's a lot of information on
[47:24] here so hopefully I can cover it in 4 minutes.
[47:28] back in 2025 it went to the planning commission.
[47:33] at that time the planning commission -- I was on that
[47:35] commission. We had a lot of questions,
[47:39] especially since 2016, the traffic impact.
[47:42] as council members we approve so many developments down there,
[47:46] and tracy hills continues growing and many of those
[47:51] students go to kimball, which is a lot of traffic congestion.
[47:58] at that time, planning said we will address that later, e want
[48:00] to do an extension on the map, because there extension was
[48:06] expired. What was supposed to come back
[48:09] was more environmental information.
[48:11] well, unfortunately the director at that time pulled a fast one
[48:18] on us. There was a director meeting
[48:21] upstairs in august 2025, which is not on the agenda.
[48:26] this is a lot of information, a lot of dates.
[48:28] he took it upon himself because he's the director, he went ahead
[48:33] and this applicant is a new applicant.
[48:35] it's no longer -- I think it was scott stringer, a very good
[48:43] developer here in tracy. Long story short, in
[48:49] september 2025, an off-site engineer did some approvals on
[48:52] that which we never saw, and then it goes back to octob
[48:57] october 2025, the application for the city, the final map.
[49:00] the extension was just for the map.
[49:02] any changes or improvements, since then we did a lot of
[49:06] development. One of the sewer lines, they can
[49:08] no longer use that direction. I know they're going to say it
[49:11] doesn't have to go back to planning.
[49:13] it does need to go to planning because there's a lot of
[49:16] unanswered questions. There are some things being done
[49:19] here, especially the ingress to rocking horse, the two -- I'm
[49:26] sorry, there is so much on here. The two phases, that was not
[49:31] part of the original thing. When we do approvals and
[49:35] planning commissions, there's a lot of conditions that have to
[49:38] be approved. It looks like it just went
[49:39] through the engineer. It did not go to the planning
[49:43] commission. There is also some other changes
[49:46] on hearing, and they forgot to put the dates on the report, so
[49:50] I don't understand why we are doing this, because on
[49:53] october 22nd it went to the city for the final map, but then you
[49:57] go again and you talk about -- they just did it
[50:04] march 16th of 2026, so there is still additional changes that I
[50:07] haven't seen that you haven't seen, so I would like to table
[50:13] this. As council, we have to approve
[50:14] and do the right thing for our environment, our streets, the
[50:21] ingress to rocking horse is one way and in one way out, and with
[50:25] the commute we have to adjust that map.
[50:28] I know a lot of the commissi commissions -- I ask you to
[50:48] table this so you can make it a good decision going forward.
[50:49] only the map was approved. No changes, no anything is
[50:50] supposed to be added to that. But the engineer reports keep
[50:51] going and adding or changing things on here.
[50:52] I would like for you guys to review that and go back to the
[50:53] planning commission for further review.
[50:54] thank you. There is more, but like I said,
[50:55] the time -- there is some information that was not
[50:57] provided to council prior to coming here.
[51:00] thank you. >> thank you, ms. English.
[51:03] next speaker, please. >> thank you.
[51:12] my name is david best. I represent the developer ande h
[51:20] ltiple approvalsgh l years, the most recent
[51:24] of which was a development design review approval that
[51:27] happened three or four months ago.
[51:32] actually, a little bit longer ago than that.
[51:34] but we have been through all the appropriate approvals and steps
[51:39] associated with the project as it is currently design.
[51:41] those have all been approved to the normal processes.
[51:48] what is before you today is simply a subdivision improvement
[51:50] agreement that allows us to move forward with installing
[51:54] infrastructure on the project as it is urrently designed.
[51:57] and I am here for any questions if you have them.
[52:06] >> any additional speakers on this item?
[52:10] to be have any online? Does item c need further review?
[52:32] >> assistant city attorney. It actually falls under the same
[52:33] approval we were just talking about with item 3b pursuant to
[52:39] the guidelines. There's no additional
[52:40] discretionary entitlements being sought tonight by the approval
[52:43] of the subdivision mprovement. A different tract came before
[52:52] council, 3855. It's two different items even
[52:55] though it was the same development rince of this is
[52:58] only proving the subdivision map for tract 4008.
[53:02] and he agreement which would allow them to do the
[53:04] improvements they were already conditioned to do and they were
[53:07] approved planning commission and the entitlement originally went.
[53:11] the conditions have already been approved.
[53:12] this is the agreement by which we effectuate those improvem
[53:16] improvements. The bonding requirements that
[53:17] protect the city if the improvements are not done to
[53:21] code within a year. And it allows the city also to
[53:23] go after the bonds of the developer if the work doesn't
[53:28] get done in time. That's what the subdivision
[53:30] improvement agreement does. >> thank you.
[53:32] any further questions, discussion from council?
[53:38] councilmember evans? >> just to be sure everyone is
[53:43] clear on record, there is no design changes, nothing added,
[53:47] nothing deleted, nothing altered.
[53:48] the development is the same as it always was, correct?
[53:52] >> that is correct. >> the only thing that does
[53:55] appear to have changed is the phased approach?
[54:00] >> that is also correct. Staff actually needs to approve
[54:08] the agreement only, and the bond itself.
[54:11] so it will be allowing the construction of public
[54:14] improvements for tract 4008. The final map will be an
[54:18] approval in the future. Because of the reason this is
[54:22] coming to council through consent now as opposed to allow
[54:28] back, I guess, is because they are getting ready to construct
[54:32] the basic infrastructure. Is that right?
[54:33] >> that is correct, sir. >> thanks.
[54:37] >> any additional questions? If not, I'll entertain a motion.
[54:41] >> motion to approve item 3c. >> roll call, please.
[54:47] [roll call] >> the item passes.
[55:03] thank you, rocking horse development.
[55:05] that brings us to item 3l related to the transit station
[55:11] emergency backup generator. Staff report, please.
[55:31] >> good evening. I am with the public works
[55:33] department. Tonight we are looking to have
[55:35] the approval of a contract for the installation of the backup
[55:40] generator for the tracy transit station.
[55:46] back in 2023 the city contracted with the k p.a. Group to
[55:53] evaluate and look at potential generator options for the
[55:57] transit stations and we looked at diesel, solar, natural gas, d
[56:03] fueling options. It was determined in that
[56:06] analysis that a diesel generator would be the most economical
[56:12] decision given that the estimated cost for solar
[56:14] battery backup generator would be approximately three times as
[56:18] much cost as a diesel generator in the initial install in over
[56:24] the 25-year life of the system it would be twice as much for a
[56:29] battery and solar backup generator versus the diesel
[56:33] system. With that, staff recommended to
[56:35] move forward with a diesel option given the economical
[56:40] advantages of that. The backup generator would be
[56:42] used primarily for emergency situations in the summer and/or
[56:46] the winter when the power goes out in order to keep operations
[56:50] going. Given that it would only be
[56:51] running for a few hours throughout the given year, we
[56:57] estimated that it would be better to go with a diesel
[56:59] generator than a solar and battery backup.
[57:02] so tonight we are asking that the council appropriate some
[57:06] additional funds that are needed within an existing cip now that
[57:09] we have the bids in, and additional $736,000 from the
[57:15] development act funds and $314,000 from the state of good
[57:19] repair program, or the construction contract for
[57:26] $1,675,535 to g c.j. Incorporated of tracy that
[57:28] authorize the city manager to approve the change orders and
[57:33] authorize an overall not to exceed project budget for
[57:39] $2,095,067 and grant the authority of the city manager to
[57:41] execute the permits in the agreement.
[57:44] and I will take questions if you have them.
[57:47] > thank you. Do you have any preliminary
[57:52] questions? Councilmember nygard?
[57:54] >> thank you, director, for your report.
[57:57] is our city currently involved in the municipal energy audit?
[58:03] I believe it is due to come back to us in august.
[58:08] >> yes, I did speak with our public works director, and there
[58:12] is going to be a report that's being brought back in august to
[58:15] alk about the city widey upgrade program.
[58:19] >> correct. Is not the transit center
[58:22] included in this audit? >> the transit station is not
[58:24] included as part of that. It's the other city facilities,
[58:30] city hall, the service center, water treatment plant in the
[58:34] wastewater treatment plant I believe are the main facilities.
[58:39] >> I'm still kind of a little baffled.
[58:42] if our transit center where to put solar with the appropriate
[58:46] battery storage, that would run 24/7.
[58:50] you would reduce your energy costs from pg&e and not have the
[58:55] reliance on pg&e, therefore if a black outward to occur you
[58:59] already have the confirmation to have energy consistency,
[59:08] so would that not eliminate the need for a backup generator if
[59:12] you had solar with the appropriate battery storage?
[59:17] >> the solar option with the battery storage was one of the
[59:20] options that was evaluated, but it was only evaluated in the
[59:23] purpose of using it for backup energy, not for powering the
[59:27] entire facility. >> but wouldn't that be the
[59:31] purpose of putting solar on a building, to be able to bypass
[59:34] pg&e and to have your own independent power source?
[59:38] >> yes, that would be one of the outcomes.
[59:40] >> yeah. So what I would like to request
[59:44] from council consensus is that we pause or a month to wait for
[59:49] the energy audit to come back, to be able to have it reviewed
[59:52] before the council to see what our options are to look at being
[59:58] more energy efficient on our municipal buildings.
[1:00:03] if we could just look at this next month after we review the
[1:00:08] energy audit, and how we can have more energy independence
[1:00:15] from pg&e so we would not have to actually be subject to the
[1:00:21] black outs the power outages that we see in our communities.
[1:00:42] >> was that all your questions? >> yes.
[1:00:43] >> mayor pro tem? >> just to clarify, the transit
[1:00:44] station is not part of that audit.
[1:00:44] is that correct sir? >> that's correct.
[1:00:45] >> I'm not sure how... >> it doesn't necessarily mean
[1:00:46] it could not be evaluated for the use of solar.
[1:00:55] on that building. I mean, any municipal building
[1:01:00] has an opportunity to look at whether or not it is capable of
[1:01:10] the construction make up to have solar on their roof or in the
[1:01:14] parking lot. So it is basically, how are we
[1:01:17] looking at making sure we can have more resiliency again
[1:01:22] pg&e's power outages and have more independence to have our
[1:01:23] own power sources to supply power to our vital municipal
[1:01:29] structures? >> mayor pro tem?
[1:01:37] >> if we did postpone this for a month, what would be the
[1:01:40] possible consequences? >> I would need to check with
[1:01:46] our engineering team to see how long the bids are good for.
[1:01:50] we did do a bid opening and bids are typically held for certain
[1:01:56] period of time. I'm not sure what that is but I
[1:02:00] can find out. >> what would be the impact to
[1:02:01] the transit station not having that?
[1:02:04] that's more of my concern. >> pausing a month won't have a
[1:02:07] significant impact. Construction on this isn't
[1:02:09] anticipated to start until august anyway if this was
[1:02:12] approved tonight, and it wouldn't be up and running for
[1:02:13] about a year. >> I have two questions very
[1:02:21] similarly. Is this item sensitive
[1:02:24] timeliness? >> if you give me two seconds I
[1:02:29] can run and then ask how long the bids are being held for.
[1:02:38] >> good evening. I'm the director of public
[1:02:40] works. The bids are good for 30 days.
[1:02:44] in august we are coming back to give you an update on the energy
[1:02:49] program, but that project would not look at a solar system on
[1:02:56] every building. >> that was going to be my next
[1:02:59] question. My understanding of the audit
[1:03:02] was that it was citywide. Is it not ossible to include --
[1:03:07] >> I want to be clear that the audit is not the subject before
[1:03:11] you all this evening. >> understood.
[1:03:14] >> we can review this during council onsensus if you would
[1:03:15] like to do that. The question tonight is on the
[1:03:19] idea before you, whether you wish to approve it this evening
[1:03:21] and/or continue the item out to the august 18th meeting.
[1:03:28] to get clarification, with the bid -- if you waited until
[1:03:32] august 18th, with the bid expired?
[1:03:34] >> yes. >> okay.
[1:03:38] >> is the intent of doing it at this time because of summer
[1:03:43] blackouts? >> the intent is to have backup
[1:03:49] power in case of energy loss. The transit center is a cooling
[1:03:55] center, so if the power goes out, this would allow us to run
[1:03:59] the building and be able to have the power to operate it.
[1:04:05] >> but that wouldn't be until next year?
[1:04:09] right? >> once the project is
[1:04:13] completed, then it would be available as a backup, yes.
[1:04:19] >> any additional questions from council?
[1:04:20] >> can I just ask how many cooling centers we have in our
[1:04:25] city? >> can you repeat that question?
[1:04:33] >> how many cooling centers are there in tracy?
[1:04:36] designated cooling centers? >> I believe the transit center
[1:04:42] is the only one that we have which is a city-owned facility.
[1:04:48] >> we don't use the community center anymore?
[1:04:53] >> I have to double check that. >> and we do have the library
[1:04:56] and the mall as well as two other backup cooling centers.
[1:05:03] >> my recollection is that there are various throughout the city.
[1:05:07] >> there are a number of them. >> the council member is
[1:05:15] correct. We currently utilize the
[1:05:17] shelter, the library, the transit center, city hall, to
[1:05:22] straddling hem off the top of my head.
[1:05:24] as the current cooling centers as well as warming centers when
[1:05:30] they are necessary. >> any additional questions from
[1:05:37] council? Any members of the public who
[1:05:39] would like to speak on item 3l? Can I see hands raised, please?
[1:05:48] seeing one. We will allow for minutes for
[1:05:52] each comment. Could we please get a microphone
[1:06:01] to mr. Healy? >> I'm not quite ure if
[1:06:09] city hall is an official cooling center, but most importantly,
[1:06:13] because I have addressed this issue, there are no cooling
[1:06:17] centers in the city of tracy on sunday.
[1:06:20] for reasons unbeknownst to me or anybody, the transportation
[1:06:24] department does not open up the transit center on sunday, even
[1:06:27] though they are offering nondemand bus service.
[1:06:35] I live downtown, I have poor ventilation in my apartment, but
[1:06:38] I can't go there on sundays. This last sunday there was an
[1:06:44] unhouse person outside, it was only 83 degrees but with
[1:06:47] humidity and all that, I made a suggestion and I hope you are
[1:06:51] open to that, that when they do get this generator that they
[1:06:53] actually utilize it on sunday. The cooling standards should be
[1:06:58] a seven days a week option. >> thank you, mr. Healy.
[1:07:05] seeing another one, please come up.
[1:07:20] is that on? Can you push the button?
[1:07:24] >> there we go. >> thank you.
[1:07:26] >> I just wanted to agree with ms. Nygard.
[1:07:29] I believe when we start spending millions of dollars, which this
[1:07:32] is going to be over $2 million, then we need to start looking at
[1:07:38] long term saving energy. What ms. Nygard was trying to
[1:07:43] say, or at least what I heard, she was looking at putting solar
[1:07:46] up there so it was saving money all year round, not just when we
[1:07:51] need backup. If we are going to spend
[1:07:54] $2 million, why don't we put that toward something that would
[1:07:57] save us money year-round? That is my comment.
[1:08:01] thank you. >> thank you, ms. Hill.
[1:08:04] any other speakers on this item? Seeing none in chambers, any
[1:08:07] online? >> no, mayor.
[1:08:10] no hands raised online. >> we will close the public
[1:08:13] comment portion for item 3l and returned to council with
[1:08:16] additional discussion and/or motion.
[1:08:20] >> anything else? >> I would like to request we
[1:08:28] have council consensus on postponing this for a month to
[1:08:32] allow us to review the energy audit and to see where we may
[1:08:37] make other opportunities for energy savings and cost
[1:08:42] efficiency for the city. >> thank you.
[1:08:49] any additional comment? >> I just want to clarify it as
[1:08:51] a motion to continue the item to bring back on august 18th, 2026.
[1:08:56] >> I would like to bring it back after we are able to review the
[1:09:00] energy audit update that comes to us on the 18th, to see if we
[1:09:05] have an opportunity to utilize the transit center as a solar
[1:09:13] facility with battery backup. >> mayor, members of the
[1:09:18] council, I believe the director has said this already, but we
[1:09:21] would need to rebid the project if it were to be delayed, and I
[1:09:26] could increase the cost if we decided to maintain the
[1:09:29] current -- >> I understood the energy audit
[1:09:31] was not going to be inclusive of this building, correct?
[1:09:36] did I understand that correctly? >> this item really is not about
[1:09:42] the energy audit, but I want to give you a brief overview for
[1:09:46] the meeting that is coming up. We are going to have a summary
[1:09:50] o what we are planning to do, which is to do an investment
[1:09:55] grade audit for all the city facilities to reduce energy
[1:10:00] costs. The major component of that
[1:10:03] project would be about solar, water and wastewater treatment
[1:10:10] plants, where we can significantly reduce energy
[1:10:13] consumption. We really cannot do that at the
[1:10:16] transit center. So that would be part of the
[1:10:18] investment grade audit that most likely would take about six
[1:10:23] months. >> the reason I guess it is
[1:10:25] germane to this topic, if I understood, if we are waiting
[1:10:29] for the audit, the audit is not going to be inclusive of the
[1:10:33] transit center is what I'm hearing.
[1:10:34] >> but just to clarify, director, you just said for all
[1:10:40] tracy facilities. So is not the transit center a
[1:10:46] tracy facility? >> yes, it would include all of
[1:10:49] the equipment inside the transit center, including hvac and
[1:10:55] others, that could potentially be upgraded with this energy
[1:10:59] program. >> if I may, director, are we
[1:11:04] saying that the energy audit will look to replace appliances
[1:11:11] but not necessarily add solar infrastructure?
[1:11:12] the audit will look to add solar infrastructure to the wastewater
[1:11:16] and water treatment facilities, and that is the distinction
[1:11:19] you're making? >> yes, correct.
[1:11:21] >> if I may, to the council and the mayor, just to reiterate,
[1:11:25] the distinction he is making s the audit will look to add solar
[1:11:29] arrays to wastewater and water but look to replace the major
[1:11:33] appliances within all facilities to make them energy efficient
[1:11:35] appliances the way you would a home.
[1:11:38] >> got it. I'm open to entertaining this
[1:11:40] idea. My point is I don't think it's a
[1:11:45] good reason to wait for this audit.
[1:11:47] if we are only looking at appliances within the transit
[1:11:53] center, then it's not going to have an impact on the solar
[1:11:57] option that is being discussed. That is all my point is.
[1:12:01] we can wait, if that is council's will, but I don't see
[1:12:05] waiting for the audit. >> thank you.
[1:12:09] councilmember bedolla? >> is there another item either
[1:12:11] on our plate or a quicker way to consider solar on the transit
[1:12:14] center? Because I think -- I hope I'm
[1:12:16] not misunderstanding what council is debating a peer
[1:12:21] because maybe we can pass this. >> that could be added to that
[1:12:28] roject, but most likely that would be about six months to a
[1:12:30] year from now. >> but not stopping -- not
[1:12:35] letting the current id expire? >> councilmember bedolla, as you
[1:12:42] suggested, if council wills, it can pass this item and give
[1:12:47] direction to staff to look at the possibility of adding solar
[1:12:49] to the transit center as well. Through the audit or any other
[1:12:54] means. >> I would leave it to council.
[1:13:00] >> my question would be, in the pursuit of maintaining energy at
[1:13:05] the transit facility, should there be solar battery storage,
[1:13:11] would that mitigate the need to have an emergency generator?
[1:13:18] >> adding solar would reduce the energy use.
[1:13:21] however, it is not going to mitigate fully the backup
[1:13:26] situation that we are trying to design and implement here.
[1:13:31] >> so the batteries would be used for daily use but they
[1:13:35] ould not be sufficin emergency situation?
[1:13:37] is that what I'm hearing? >> it could be.
[1:13:40] it has to be designed, looked at.
[1:13:43] however, they would be an additional cost if we want to go
[1:13:50] that direction. >> correct.
[1:13:52] and the $2 million here could arguably be used for that cost.
[1:13:57] >> it could be. >> understood.
[1:13:58] >> that is kind of what I was going to clarify.
[1:14:01] have we looked at what the cost would be to put solar on the
[1:14:06] transit as opposed to this generator, backup generator?
[1:14:14] >> as stated earlier, when we did the analysis on this, it was
[1:14:17] only for the purpose of emergency backup power, not to
[1:14:20] power the entire facility. The analysis at the time, back
[1:14:26] in 2023 when this was done, estimated the cost of solar
[1:14:30] being three times that of what the diesel generator would be.
[1:14:35] >> does it take into consideration the long-term cost
[1:14:40] savings with your pg&e bill, as well as diesel fuel?
[1:14:46] because you're going to be using diesel for this generator, and
[1:14:50] diesel continues to go up. Solar would eliminate both those
[1:15:00] long-term costs. >> the long-term analysis was
[1:15:03] done primarily on the maintenance cost of the backup
[1:15:08] generator system. Since we weren't looking at
[1:15:10] converting the entire facility over to solar power, we did not
[1:15:15] look at what would be the overall long-term cost savings
[1:15:18] of converting, and seeing if there was even enough space to
[1:15:22] put solar to power the entire facility at that location.
[1:15:30] >> could we? I think it would be -- it would
[1:15:44] be a very wise decision to actually compare both, since we
[1:15:50] haven't really compared both costs for the backup generator
[1:15:54] versus solar and the full cost savings to our taxpayers.
[1:16:00] how can we decide on the most effective and efficient system
[1:16:08] for power outages? >> thank you, councilmember.
[1:16:12] I will entertain a motion. >> I will make a motion to
[1:16:18] approve 3l. >> second.
[1:16:20] >> we have a first and a second. Roll call, please.
[1:16:25] >> mayor pro tem abercrombie? >> yes.
[1:16:28] >> councilmember evans? >> yes.
[1:16:31] >> councilmember bedolla? >> yes.
[1:16:35] >> councilmember nygard? >> no.
[1:16:37] >> mayor arriola? >> no.
[1:16:39] >> with that, the item passes. That would exist to the next
[1:16:42] item, which is item 3q regarding see credit reconciliation for
[1:16:53] pro logis. >> good evening, veronica child
[1:16:59] with the engineering department. This is authorizing a fee credit
[1:17:01] and reconciliation agreement that reconciles outstanding
[1:17:06] development impact fee credits associated with infrastructure
[1:17:09] improvements they have constructed.
[1:17:10] this will increase their total credits from approximately
[1:17:15] $68 million to $89 million. That concludes my brief summary.
[1:17:17] I am happy to answer any questions you may have.
[1:17:21] >> do you have any preliminary council questions?
[1:17:29] >> what caused the substantial change in numbers?
[1:17:35] >> the substantial change in numbers is due to a number of
[1:17:37] factors. Unfortunately many of these fee
[1:17:40] credits were put into agreements prior to current staff eing
[1:17:43] here. From what I could tell, it seems
[1:17:46] that there were some administrative errors.
[1:17:48] some, there were changes maybe in the field that took place, so
[1:17:52] something was built slightly differently than they were
[1:17:54] intending to build when they first entered into the
[1:17:57] agreements. So they may be kind of a number
[1:18:00] of things. In addition, it looks like some
[1:18:02] of the amounts put into these fee credit agreements or
[1:18:06] estimates as opposed to actual numbers that were fully
[1:18:09] calculated based on the linear feet of something that may have
[1:18:12] been built. >> and staff is confident that
[1:18:17] the new amendment are the correct numbers?
[1:18:21] >> absolutely. We have discussed this at length
[1:18:22] with developers as well and let them know there wouldn't be any
[1:18:25] additional research into these numbers where agreed upon, and
[1:18:28] this is the maximum they could receive for what they are
[1:18:31] building. >> thank you.
[1:18:32] if there is no additional questions, we will go for public
[1:18:35] comment. Can I see hands raised for
[1:18:37] speakers on this item? With that we will allow for
[1:18:41] minutes. Go ahead.
[1:18:53] >> thank you, council. Staff answered some of my
[1:18:55] questions, but just to go on record, I know we are giving fee
[1:19:01] credits, and the way water rates are going up goes back to what I
[1:19:05] said in the beginning. The warehouse is industrial have
[1:19:08] not been paying their fair share.
[1:19:10] they haven't, and it's been proven.
[1:19:14] now we are giving $24 million credit for the water
[1:19:21] distribution. So I can recycle waste water but
[1:19:26] $15 million for water distribution.
[1:19:29] how that came to an agreement, I don't know.
[1:19:33] I know that some of you weren't here, but for me, that is
[1:19:39] disheartening, because this is just one of many.
[1:19:43] even though the water rate and the fees for water usage, maybe
[1:19:53] they brought it up but they have never paid their fair share
[1:19:58] until recently when it was done. Before the flat rate, they are
[1:20:01] actually getting credit for the next five years.
[1:20:09] they craft it that way. That's one of the things I was
[1:20:14] trying to explain to you, how they said it and how the
[1:20:17] consultant we paid for, many of our consultants, we are throwing
[1:20:22] our money down the drain. They are giving instructions,
[1:20:26] crafting things -- they use the word "potential," or "this might
[1:20:32] happen." if there is still $2 million out
[1:20:36] there, somebody is researching that, I heard it's pretty close
[1:20:41] to $100 million that wasn't used.
[1:20:44] I think $15 million plus the recycled waste water,
[1:20:47] $24 million credit fee. And I still don't think they
[1:20:51] have paid their fair share. To this date.
[1:20:56] that's all I wanted to say. >> do we have any additional
[1:20:59] speakers on this item? Seeing none in chambers, do you
[1:21:02] have any online? >> no hands raised.
[1:21:04] >> we will close the public comment portion and I will turn
[1:21:09] to council for motion. >> I think to staff, we are
[1:21:15] talking $21 million. It's an awful lot of money.
[1:21:18] I don't want to disagree with it.
[1:21:22] I trust our staff come brothers in enough
[1:21:29] I trust our staff, but there is not enough detail.
[1:21:32] there's detail, there is amounts, but I can't really see
[1:21:35] what it is. I see the categories, and there
[1:21:41] is columns that kind of explain what they are, but I don't
[1:21:44] understand how we got there. Is there any more granular
[1:21:48] detail on what this is? Is there something I can see and
[1:21:53] get my hands on? I'm a construction guy, so I
[1:21:57] like drawings. I like to see actual diagrams
[1:22:01] and things. What are we talking about here?
[1:22:05] >> yeah, we do have all the plan sets on file for all these
[1:22:09] improvements that have been approved by our city engineer.
[1:22:12] in addition, specifically for two of the categories in
[1:22:14] exhibits b and c to the agreement, you will have kind of
[1:22:17] a breakdown of each item, the unit cost, linear feet, all of
[1:22:22] that, to give you a really good detailed estimate and how we
[1:22:26] came up with those numbers. >> where am I missing that?
[1:22:29] I have looked at the attachments in the staff report.
[1:22:34] I'm I missing it? >> it's part of the attachment
[1:22:36] to the staff report nd it is an exhibit to that agreement.
[1:22:41] it is page 12 and 13 of the agreement itself.
[1:22:46] >> is there a table umber? >> if we go into the agreement
[1:22:59] itself, there are tables listed, but this isn't a table number.
[1:23:02] it is just exhibit b. Work completed pursuant to
[1:23:05] inspection improvement agreements.
[1:23:10] >> I see those. Those are some of the tables I'm
[1:23:12] talking about. I see wrong numbers, and that's
[1:23:16] good. It got me partway there, but I
[1:23:21] didn't see any actual drawings. >> you are correct, we didn't
[1:23:26] include any drawings in the staff report.
[1:23:29] it would have been multiple sets of plans.
[1:23:34] it would be a lot of pages, a lot of plan sets, really big
[1:23:38] sheets. We have them all on file for
[1:23:39] anyone who would like to see them.
[1:23:44] >> I would like to see them. Is there any harm on waiting on
[1:23:47] this a little bit or is time of the essence on this?
[1:23:53] >> I don't think there's any harm in waiting on this.
[1:23:56] >> I want to approve this. I want to be clear, I have no
[1:23:58] issue with it overall, but being that we are talking a large sum
[1:24:03] of money, I would like to see it and nderstand it a little bit
[1:24:05] better than I do right ow. I see what staff is telling me,
[1:24:11] I see the descriptions, but I'm having a hard time visualizing
[1:24:15] what it is that was done. I would almost like to drive out
[1:24:20] there and see it. It's a lot of money.
[1:24:25] >> assistant city manager. We would rather council feel
[1:24:33] comfortable with what staff is recommending if bringing back
[1:24:38] plan sets and providing detailed information would make council
[1:24:41] feel more comfortable with what they are proving.
[1:24:46] approving. We are happy to provide that
[1:24:51] detail information. This is related to the
[1:24:53] infrastructure that prologis has built out in the specific plan
[1:24:56] area. This is all infrastructure that
[1:24:58] will eventually become part of the city related to -- I pressed
[1:25:03] the button while I was speaking. Related to improvements that
[1:25:07] will be dedicated eventually over to the city.
[1:25:10] we are happy to provide the details.
[1:25:12] it will be a very big packet of information.
[1:25:18] it will not cause harm to the city.
[1:25:25] I think the developer was hoping to be able to access the credits
[1:25:28] sooner rather than later. We would have to come back in
[1:25:32] august with the detailed information.
[1:25:32] >> I would like to see it first, if council is okay with it.
[1:25:37] I know mr. Nefouse and I discussed this earlier.
[1:25:40] staff has put a lot of work into this but I feel like I can't
[1:25:42] quite do my due diligence on this until I see more detail.
[1:25:47] >> understood. Thank you, councilmember evans.
[1:25:49] anything else? With that, as per my comments,
[1:25:52] staff has reiterated they are confident that this is the new
[1:25:55] accurate numbers. With that, it is a priority of
[1:25:58] mine that we ensure we are restoring the city's reputation
[1:26:02] among the business community and I would hate for there to be any
[1:26:06] undue delays to harm the reputation of the city giving we
[1:26:10] have made such progress recently.
[1:26:11] with that I will entertain the notion.
[1:26:13] >> I make a motion to approve 3q.
[1:26:16] >> I will second. >> we have a first and a second.
[1:26:20] roll call, please. >> mayor pro tem abercrombie?
[1:26:25] >> yes. >> councilmember nygard?
[1:26:27] >> yes. >> councilmember bedolla?
[1:26:30] >> yes. >> councilmember evans?
[1:26:32] >> before I make my vote, I'll just say I have no issues
[1:26:34] approving this but I would have preferred if council had
[1:26:37] supported my ability to do further due diligence in this,
[1:26:41] but clearly council is going to have the majority here.
[1:26:45] I don't want to vote against it so I will support it and vote
[1:26:48] yes. >> thank you.
[1:26:52] >> mayor arriola? >> yes.
[1:26:56] item 3q passes. That takes us to item 3w related
[1:27:03] to the second reading for oversized vehicles ordinance.
[1:27:09] >> good evening, council. Elva esquivel, assistant city
[1:27:16] clerk. He brought this forward
[1:27:17] consistent with our policies and procedures of second readings of
[1:27:21] ordinances, but we would like to defer to the staff that
[1:27:25] originally brought this item forth.
[1:27:30] >> good evening, mayor, council members, and everyone tonight.
[1:27:32] thank you for the opportunity to speak.
[1:27:33] my name is dan garcia, a lieutenant with the bureau of
[1:27:37] special operations at the tracy police department.
[1:27:39] I would like to propose the city council adopt a new
[1:27:43] ordinance, parking of oversized vehicles and trailers, to the
[1:27:45] tracy municipal code. This ordinance is the result of
[1:27:49] careful analysis which included reviewing ordinances from other
[1:27:52] cities and gathering community input.
[1:27:54] it addresses a growing concern in our city that unrelated
[1:27:57] parking of oversized vehicles and trailers on our public
[1:28:02] streets. The key concerns this ordinance
[1:28:04] aims to address includes enhancing public safety.
[1:28:06] the ordinance is designed to improve roadway visibility and
[1:28:09] reduce safety risks for both pedestrians and motorists by
[1:28:13] limiting the duration and location where oversized
[1:28:15] vehicles and trailers may be parked, protecting public
[1:28:18] health, it aims to prevent the improper disposal of waste from
[1:28:22] these vehicles into our city storms and sanitary sewer
[1:28:24] systems, thereby safeguarding our environment and community
[1:28:28] health, improving quality of life by regulating parking we
[1:28:32] enhance the accessibility of our neighborhoods in public spaces.
[1:28:36] to ensure the clarity and fairness of this enforcement,
[1:28:39] the ordinance provides a precise definition.
[1:28:42] in oversized vehicles defined as any motor vehicle that exceeds a
[1:28:46] half feet in width, or 22 feet in length.
[1:28:50] this definition includes large recreational vehicles, buses,
[1:28:53] and certain trucks that can obstruct visibility and create
[1:28:56] hazards for other road users. A trailer is broadly defined to
[1:29:01] include any camping trailer, camper, fifth wheel travel
[1:29:06] trailer, house card, mobile home, or trailer coach as
[1:29:09] specified in the vehicle code. Also encompasses recreational
[1:29:13] vehi afety code. Ined in health & these definitions ensure that
[1:29:17] all types of large toable vehicles are under the ordinance
[1:29:23] preventing loopholes. The provisions of this ordinance
[1:29:27] include parking restrictions, oversized vehicles and trailers
[1:29:28] may not be parked in public streets, alleys, or city lots
[1:29:31] for more than 72 consecutive hours.
[1:29:34] after the 72 hours, the vehicle must be moved at least a
[1:29:37] thousand feet and cannot return to the same location for at
[1:29:41] least 24 hours. The ordinance provides
[1:29:45] exceptions for emergencies, official government vehicles or
[1:29:47] utility business vehicles, active loading and unloading,
[1:29:51] service vehicles, wheelchair accessible vans, and special
[1:29:54] events, among others. Enforcement includes citation,
[1:30:00] telling, and escalated administrative penalties to
[1:30:01] repeat violations, with a clear right to appeal.
[1:30:05] this action is exempt from the california environmental quality
[1:30:08] act as it does not result in any physical changes to the
[1:30:11] environment. Additionally, there s no
[1:30:14] physical impact as enforcement will be managed with the
[1:30:18] existing city budgets. This ordinance directly supports
[1:30:20] our strategic priority of public safety by providing a balanced
[1:30:24] approach that considers both community needs and practical
[1:30:28] realities for residences and businesses.
[1:30:30] if approved by the city council, the police department will
[1:30:33] conduct a 30-day educational campaign about the new ordinance
[1:30:35] through its website and social media before commencing
[1:30:40] enforcement. I respectfully request the
[1:30:41] adoption of the new ordinance enacting chapter 3.60, two titll
[1:30:49] code. Thank you for your time and I'm
[1:30:51] happy to answer any questions. >> thank you.
[1:30:54] do you have any preliminary questions rom council?
[1:31:00] >> I have one question. Thank you.
[1:31:04] just wondering if there would be any exception for families that
[1:31:10] come to visit during holiday time.
[1:31:11] do we have anything as far as issuing maybe a special permit,
[1:31:17] or with that have to be another discussion at a later time?
[1:31:23] >> that would be a different process.
[1:31:23] that is why we are giving the individuals 72 hours and making
[1:31:28] sure that we do that educational component first.
[1:31:34] >> thank you. >> I just want to confirm, this
[1:31:37] is merely a second reading. Where there any changes between
[1:31:40] now and the second reading? >> no.
[1:31:43] >> with that we will go out for public comment.
[1:31:46] any speaker cards? >> no, they are.
[1:31:49] no cards. >> can I see hands raised her
[1:31:50] folks who would like to speak on this item?
[1:31:55] seeing two, we will allow for 1. Anyone who would like to start?
[1:32:10] >> hi, council. Good evening.
[1:32:13] I emailed you all on this topic. I'm glad to see that it was
[1:32:16] passed unanimously the first time it went around.
[1:32:22] >> can you hold the microphone closer?
[1:32:24] >> sorry. I'm also a little bit tired, so
[1:32:28] I apologize. My only issue at this is that
[1:32:35] the 72 hours rule and the 1000-foot movement approach.
[1:32:38] I have some points I want to make clear.
[1:32:42] I liked what you just mentioned in regards to having a permit.
[1:32:45] I think it's a great idea. Other ordinances and other
[1:32:47] cities adopt that as part of it. We want to go back to the
[1:32:51] drawing board and add that, that could be a component, and I
[1:32:54] think it's a great idea. That would provide an avenue.
[1:32:59] we are a family-friendly community.
[1:33:00] I get that. The problem that I have is that
[1:33:05] an individual can bring an rv anywhere, parking for 72 hours,
[1:33:08] move it a thousand feet, weight, and bring it right back and
[1:33:13] continuously do this. Those oversized vehicles never
[1:33:18] leave the street, though. They are going to remained on
[1:33:22] the street. That's a problem.
[1:33:25] if the ordinance is to remove or inhibit the behavior to say, we
[1:33:28] need to put it on private property, or make sure that this
[1:33:31] is a safe venue for residents, all the things mentioned in the
[1:33:38] staff report, adopting a more restrictive ordinance model is
[1:33:49] working well for other communities.
[1:33:52] a 72-hour model does not solve the problem.
[1:33:55] it simply allows oversized vehicles to move from one block
[1:33:57] to another, shifting the burden from one resident to the next.
[1:34:04] it is basically just moving the problem.
[1:34:07] you are not really dealing with the problem.
[1:34:09] the other side of it is that it is even weaker in practice
[1:34:16] because the 72 hour clock doesn't happen until code
[1:34:18] enforcement ppears on the scene, not when it is initially
[1:34:21] reported. We don't have it on the
[1:34:23] weekends, this means those rvs have maybe-2 weeks they might be
[1:34:26] out there depending n staffing, then when they get there they
[1:34:32] might move it and it'll be out for another week to two weeks.
[1:34:35] which is why a permit system would actually be great.
[1:34:40] I'm just trying to ask, why can't we do something like they
[1:34:43] do? Why are we trying to do
[1:34:45] something with the 1000 feet rule and the 72 hours?
[1:34:47] we don't have the staffing. Why can't we model it after
[1:34:50] something that's already proven and working for other
[1:34:54] communities? We want to preserve our
[1:35:00] communities. I don't want to see how these
[1:35:01] vehicles just sitting out on the street.
[1:35:02] it doesn't really resolve the problem.
[1:35:04] I think the lieutenant and the city attorney's office mentioned
[1:35:06] that this was brought orth by communities like fremont,
[1:35:11] possibly stockton, that have these types of ordinances.
[1:35:15] remember, this is not a strict rule.
[1:35:18] our pd educates people for us. It's not like if we had a more
[1:35:21] restrictive ordinance that it would be like, you have to move
[1:35:24] now. They would still have an
[1:35:26] opportunity to educate them. You want to make sure, maybe
[1:35:29] educate them about a pass you can have.
[1:35:32] I'm just hoping we can close this other oophole of the
[1:35:36] individual bouncing on the community.
[1:35:37] they may not even be residents. You might have rvs and
[1:35:40] trailers in the community just kind of migrating around because
[1:35:44] no other community allows that. But tracy will.
[1:35:48] I don't know what that looks like in our single family
[1:35:52] residency homes or outside our apartment communities.
[1:35:54] you name it. Don't think people really
[1:35:58] just wanting a stronger framework, like I said.
[1:36:04] smething like mountain house would be great.
[1:36:05] I've met with a lot of people on your staff and had some debates
[1:36:07] about this. So it's really up to you uys
[1:36:10] about the final decision on this.
[1:36:13] thanks. >> next speaker?
[1:36:19] >> what is the impetus of this ordinance?
[1:36:21] is this coming from the public and feeding through the police?
[1:36:25] can anybody answer? Can ask questions?
[1:36:31] >> I would ask you to spend time to ask all your questions and
[1:36:34] will answer after. >> I want to know him, is it
[1:36:37] downtown only? My next question is, listening
[1:36:41] to this man talk and listening to what he said, he's talking
[1:36:45] about safety, but he's talking about how it looks.
[1:36:49] so my question is, is this targeting the unhoused or is it
[1:36:53] actually a safety issue? My last thing, I agree with him
[1:36:57] 100%. It's the stupidest thing I've
[1:36:59] ever heard. You go one place for 72 hours
[1:37:01] and move it, come back to the same place, and you only go
[1:37:05] thousand feet? What exactly are you doing?
[1:37:08] if it's a safety issue, you are one safety hazard to another
[1:37:13] safety hazard? I don't understand.
[1:37:15] if you could explain that, because I agree with this man.
[1:37:16] the way it is written is a truly boggling to me.
[1:37:23] >> thank you. Any additional speakers
[1:37:24] connected to have any online? >> no hands raised online.
[1:37:32] >> with that, I heard three questions I would like to answer
[1:37:35] for us. First, what was the impetus of
[1:37:37] implementing this particular ordinance?
[1:37:40] and second, is this or a particular part of town, down
[1:37:44] town or city wide? Finally, did staff evaluate
[1:37:48] other options and assess their relevance or effectiveness from
[1:37:51] other cities? >> this is a city wide
[1:37:56] ordinance. It would not be a specific
[1:37:59] downtown area or anything like that.
[1:38:00] it covers the whole city. The next question is how this
[1:38:04] came up. It is because of the community
[1:38:06] and also the issues -- we have never had anything for trailers
[1:38:11] or oversized vehicles in our books, so this gives us an extra
[1:38:18] piece to enforce. Right now all we have is 72
[1:38:22] hours. So this gives us extra to
[1:38:25] educate and make sure that people are reasonably moving
[1:38:28] heir vehicles when need. And the third piece was --
[1:38:35] >> other cities. >> yes, we looked at different
[1:38:37] cities, what their ordinances were, and when we looked at it,
[1:38:41] the standard is 72 hours for most cities.
[1:38:43] there are some that are stricter, four hours to 24 ho
[1:38:49] 24 hours. And the balance for our city, a
[1:38:53] good model for our city. We want to make sure they are
[1:39:00] also accessible to the individuals who want to get
[1:39:03] their vehicle. >> thank you.
[1:39:05] additional discussion or qestions?
[1:39:08] mayor pro tem? >> can you also address the
[1:39:11] concern about the bouncing back and forth?
[1:39:13] >> yes, the extra piece to this, they do get moved 1000 feet, but
[1:39:19] they are not supposed to come back in those 24 hours.
[1:39:21] they are supposed to move to another area.
[1:39:24] that is one of the pieces to this, to make sure they are not
[1:39:27] returning to the same place, which we did not have before
[1:39:30] ith the regular 72 r ordinance we have in place now.
[1:39:33] >> what would be the penalty if that occurred, if a person moved
[1:39:37] ounce back? Feet and then they would be towed?
[1:39:44] >> we have the option to tell, educate, the option to cite, and
[1:39:51] if it is an offender who keeps doing this, cease and desist.
[1:39:56] >> another question, if we put this into play tonight, when
[1:40:02] enforcement can start, it would also allow us or allow you to
[1:40:07] evaluate and possibly come back -- people are abusing it,
[1:40:12] to either extend or reduce the number of hours.
[1:40:17] is that correct? >> we will analyze how it is
[1:40:22] working, yes. Our goal first is the 30-day
[1:40:26] education to make sure the residents know and then start
[1:40:29] enforcing. We would start making sure that
[1:40:31] they know what to do. >> if we requested changes
[1:40:37] tonight, then nothing happens because you guys would have to
[1:40:40] come back with a new ordinance and we would have to start the
[1:40:43] process over, is that correct? >> that is correct.
[1:40:48] >> thank you. >> any additional?
[1:40:50] councilmember evans? >> I have met with mr. Mickey
[1:40:52] and we talk this through, and I understand where you're coming
[1:40:55] from now. I get it.
[1:40:57] we have seen things happen in other cities, neighboring
[1:41:01] cities, and I think we want to avoid that situation up front if
[1:41:05] we can. Very much a proponent of that,
[1:41:10] without getting into too many details.
[1:41:13] looking at some other neighboring cities,
[1:41:15] understanding they don't have a minimum distance, I guess I am
[1:41:18] trying o determine, do you know what their thought process is on
[1:41:22] that? We have a minimum distance of a
[1:41:24] thousand feet, they have no minimum distance.
[1:41:29] are they expecting the vehicle to move out of the city at that
[1:41:32] point or onto private property? Is it one or the other?
[1:41:35] or if somebody picks up and moves -- I'm asking a question
[1:41:39] about other cities, but do we think somebody moves 100 feet,
[1:41:43] that they are okay and they can stay there and move again?
[1:41:46] is that how their ordinances are built?
[1:41:49] >> I ca can't speak for other cities, but the goal for us is
[1:41:55] giving an opportunity to make sure they are not having it in
[1:41:58] one place as a storage area. That is our ultimate goal.
[1:42:02] some cities are strict and they don't have any exception for any
[1:42:07] trailers on streets, but I don't think that is fair for our city.
[1:42:12] we thought the 72 hours, moving it to a certain location where
[1:42:16] the resident still has access, especially if they've gone to
[1:42:19] vacation or something were to happen in an emergency, it is
[1:42:21] still in their area so they can move it.
[1:42:25] >> thank you for that. I think the way I'm reading it,
[1:42:28] I think our ordinance is a little more stringent than elk
[1:42:33] grove or livermore. I think I like the thousand
[1:42:40] feet. It's not going to catch
[1:42:41] everything, it's not going to solve the problem.
[1:42:45] I like the permit idea. I think we should take a look at
[1:42:50] that, as well. But I think I am in support of
[1:42:54] supporting this now and evaluating and returning with
[1:42:57] potentially more robust ordinance.
[1:43:00] but I would like to get this in play and get it done for now and
[1:43:04] move forward. I think there is more that can
[1:43:06] be done with this but it's a good start.
[1:43:10] >> thank you, councilmember. Lieutenant, that would be my
[1:43:13] comment, as well, similarly to how we assessed and amended the
[1:43:17] fireworks prosecution ordinance. I would ask you implement this,
[1:43:19] give it six months, then come back to council and see how it's
[1:43:23] going and if there are additional requests for
[1:43:27] stringency. Council, any additional
[1:43:28] discussions? With that I'll entertain a
[1:43:30] motion. >> a motion to approve 3w.
[1:43:34] >> second. >> we have a first and second.
[1:43:36] roll call, please. >> mayor pro tem abercrombie?
[1:43:40] >> yes. >> council member evans?
[1:43:43] >> yes. >> councilmember bedolla?
[1:43:47] >> yes. >> councilmember nygard?
[1:43:51] >> yes. >> mayor arriola?
[1:43:52] >> yes. >> this passes.
[1:43:56] this is for any item that is not on tonight's agenda.
[1:44:00] just a highlight, the council is limited to how we can respond to
[1:44:05] items that are not on the agenda from the government code.
[1:44:08] can I please see hands raised for anyone who would like to
[1:44:10] speak on a nonagenda item? Do you have any online?
[1:44:18] >> no hands on line. >> with that, it will b
[1:44:21] be 4 minutes for whoever would like to start.
[1:44:32] >> mine is real quick. I think chief middleton was
[1:44:38] here, and I want to thank the police department.
[1:44:40] a couple weeks ago, maybe three weeks ago, there was a big issue
[1:44:45] with young boys riding their bikes through gwen o mcglynn
[1:44:54] breyer, edgewood, and -- actually I was on my way
[1:44:56] here when I saw all these police officers with the trailer, confg
[1:45:02] the bikes. Which to me was a blessing in
[1:45:07] disguise, because I would rather see that then -- I would rather
[1:45:11] see a parent pickup a bike then go to the morgue or go to the
[1:45:16] hospital with a child being hurt or killed.
[1:45:19] just recently, last week I was coming home and I stopped right
[1:45:23] there in front, and this whole group of kids came through
[1:45:27] again. Right in the middle of the
[1:45:29] street, no helmets. Luckily I always stopped, but if
[1:45:33] it is somebody not from the city -- we have allowed people
[1:45:36] to run stop signs, and we would have had a bad accident.
[1:45:39] I mentioned it to the chief when he was here earlier, they're
[1:45:41] going to continue -- we have to be consistent.
[1:45:46] they're going to do it. So I'm really thankful for that.
[1:45:51] I don't know the other parts of tracy where it still happening,
[1:45:54] but I know it is starting up again, glenn breyer, edgewood,
[1:45:59] and all the way back. They are going to continue doing
[1:46:01] that, and I'm glad to see that, because a lot of them do not
[1:46:05] have helmets and they are in the middle of the street.
[1:46:07] so I want to thank the chief and our police officers for doing
[1:46:11] their work. Thank you.
[1:46:13] >> thank you, ms. English. Do we have the microphone for
[1:46:18] mr. Healy? >> to the bike comment, I say to
[1:46:33] the kids bike life and continue to rebel.
[1:46:35] on the parking issue, that was clearly a targeting and not a
[1:46:39] safety issue, and the answer to that is do what san jose does,
[1:46:44] and other communities, and provide safe parking to the
[1:46:47] unhouse and not found a way to clamp down on them.
[1:46:50] be honest, it's not a safety issue.
[1:46:52] I don't have a problem with what the thing was, but just be
[1:46:55] honest with people. It was targeting and it's not a
[1:46:58] safety issue. Don't let that guy b.s. You.
[1:47:04] I was clowned because I was told it was dressed like abercrombie
[1:47:09] night. Anyway, I offered him to make a
[1:47:17] public apology to how his goons have treated me over the years
[1:47:21] but he has declined so far. Let's get to what I want to talk
[1:47:25] about. I have sent council a plethora
[1:47:29] of unresolved issues I have had with particularly the
[1:47:31] transportation department. I wish to thank councilmember
[1:47:33] dan for acknowledging me and sitting down serendipitously
[1:47:36] with me for a short discussion. I wish to thank the
[1:47:41] councilmember who appears to have taken a proactive interest
[1:47:43] in the plethora of issues I presented.
[1:47:45] I wish to thank him, pretty myopic, for his message pay but
[1:47:51] as citizen shepherd, asking the sheep for addressing
[1:47:56] grievance from wolves is the wrong answer.
[1:47:59] I got a lot of fish to fry. To the city management, hello,
[1:48:04] does this work? >> it is working, mr. Healy.
[1:48:12] >> you know, for years it bothered me that city never
[1:48:14] hired upper management from within.
[1:48:17] I was very optimistic when you hired him after the fiasco.
[1:48:22] and the mess the city is in, as well as the lack of
[1:48:27] acknowledgment of severe operational employee issues has
[1:48:29] meet rethinking my previous belief.
[1:48:31] I'm not going to repeat my issues.
[1:48:34] I am asking the council to initiate an investigation, liver
[1:48:36] does it. I also want to thank the new
[1:48:40] leadership for reaching out to me, evaluate findings, produce
[1:48:45] findings with transparency and accountability.
[1:48:47] basically, if you leave it in the hands of the city employees,
[1:48:49] it's going nowhere. I would like an investigation of
[1:48:58] inappropriate behavior as a service provided to the city of
[1:49:03] tracy, recommend his removal from transit here in tracy, a
[1:49:10] contract review for violations and the highest, stiffest
[1:49:13] penalty up to and including contract cancellation.
[1:49:17] with an eye toward smooth, transparent transition, example
[1:49:24] 12/31/26. This irregularity to be
[1:49:25] investigated. I can provide the mtm employees
[1:49:30] involved. This should be transparent to
[1:49:33] disclose where the missing gift went, they should be censured
[1:49:36] for unprofessional conduct. And return the monetary value of
[1:49:40] the gifts given to them. City employees, the recent
[1:49:47] actions of these employees along with never-ending and continuous
[1:49:52] nonverbal hate of city employees and demonstrated utter failure,
[1:49:59] they have cultivated and enabled a hateful, unprofessional, and
[1:50:03] terminally sick culture and tracy citizens.
[1:50:07] this must be addressed by the council of parties completely
[1:50:11] responsible and accountable to te council and people of tracy.
[1:50:14] I have stated on numerous occasions I accept the city
[1:50:17] judgment. I will not accept or tolerate
[1:50:21] their hateful, disrespectful, and unfair actions.
[1:50:23] the citizens of tracy -- to the citizens of tracy I say, no
[1:50:28] more. You don't have to tolerate
[1:50:31] unprofessional behavior or performance.
[1:50:31] stick I'm sorry, your time has lapsed.
[1:50:34] >> and don't let them try to ignore or outlast you.
[1:50:36] we are the city and they re the hired help.
[1:50:41] >> thank you, mr. Healy. Next speaker, please.
[1:50:43] seeing no additional speakers, do you have any online?
[1:50:46] >> no hands raised online, and they are.
[1:50:49] >> we will close out items from the audience.
[1:50:52] that brings us to public hearings.
[1:50:54] we will begin with item 5a, related to compliance with state
[1:51:00] requirements for the housing element.
[1:51:03] staff report, please. >> slide presentation.
[1:51:18] good evening, mayor and city council members.
[1:51:21] kenny lipich. Tonight's item represents the
[1:51:28] final major implementation step of the city's adopted housing
[1:51:32] element. Staff is requesting approval of
[1:51:33] the proposed rezones, plan amendments, and certification of
[1:51:40] environment impact report. As discussed, this contains
[1:51:45] related action tems, the rezoning of the opportunity
[1:51:49] sites to high density residential and mixed-use as
[1:51:50] well as updating the general plan to maintain consistency
[1:51:54] with the proposed zoning and incorporate required state
[1:51:58] mandated amendments. In addition we are amending
[1:52:01] plans to eliminate conflicts with the element implantation
[1:52:05] and certifying the report. Just to give a little bit of
[1:52:13] background for the project, in july of 2025 city council
[1:52:16] adopted the 2023 2031 housing element.
[1:52:23] we issued a tentative compliance letter for the housing element,
[1:52:29] identifying the completion as a remaining limitation require
[1:52:34] requirement. Approval of tonight's eitan will
[1:52:37] complete the rezone program and position the city to obtain
[1:52:42] final determination of substantial compliance.
[1:52:47] for step for the rezones, the proposed rezones of 187 parcels,
[1:52:54] the majority of which were housing element inventory, these
[1:53:00] are to become high density residential and ixed-use.
[1:53:04] on the slide you can see the exhibit on the right-hand side,
[1:53:13] grids 1, 2, 3, and 4. If we go on to the next slide
[1:53:17] you'll see the areas zoomed in. Grid one is the northwest
[1:53:23] portion of tracy, grid 2 is the northeast, and then
[1:53:31] grid 3 being southwest tracy an. For the site inventory, these
[1:53:43] help establish a residential developing capacity but they do
[1:53:46] not approve any specific development projects.
[1:53:49] so these naps are illustrating the geographic distribution of
[1:53:51] the proposed rezone throughout the city.
[1:53:53] the sites are located in multiple areas and include
[1:53:58] vacant, underutilized, and redevelopment properties
[1:54:00] identified during the housing element process.
[1:54:04] looking forward to the general plan amendments, the proposed
[1:54:07] general plan amended is to update the land use designations
[1:54:10] to maintain consistency with the proposed rezonings for the 187
[1:54:15] opportunity sites, consistent with proposed rezoning we saw
[1:54:24] before. In addition, for the general
[1:54:28] plan amendments, this includes updates to the land-use element,
[1:54:32] circulation element, safety element, and environmental
[1:54:34] justice element. For land use, it was proposed.
[1:54:41] circulation, updates to senate bill 743 for vehicle miles
[1:54:45] traveled, safety element, the state periodically requires us
[1:54:48] to include policies related to flooding, wildfire, emergency
[1:54:53] evacuation, and climate, and last but not least, the
[1:54:55] environment of justice element. This is a new policy required
[1:55:00] under sb1000 to address health equity, environmental impacts,
[1:55:04] and community needs in disadvantaged areas.
[1:55:07] for the specific plan amendments, we did these to
[1:55:11] ensure that existing specific plan provisions do not conflict
[1:55:14] with the proposed onings of the housing element implantation.
[1:55:19] where inconsistencies exist, the general plan in the tracy
[1:55:21] municipal code would govern future development.
[1:55:25] for this project, and environmental impact report was
[1:55:29] prepared in accordance with ceqa to identify the impossible in
[1:55:35] marital effects. This is intended to nform
[1:55:38] decision makers and inform the public of environmental impacts
[1:55:40] and mitigation measures. That's a brief overview picture
[1:55:45] of the process we go through, and we will go into more detail
[1:55:47] on the next slide. For the environmental review for
[1:55:51] this environment impact report, we started with the included
[1:55:57] public scoping, circulation of the draft eir, public review,
[1:56:02] response to comments, and preparation of the final eir.
[1:56:04] we did go to planning commission public hearing on june 10th, and
[1:56:08] city council public hearing for tonight.
[1:56:13] topics that were studied in the 2026 draft eir, this is seven up
[1:56:18] on the board. All required environment of
[1:56:21] resource areas in accordance with ceqa, the technical study
[1:56:27] support analysis is included in the final eir in the appendices.
[1:56:29] for significant unavoidable impacts, there was one
[1:56:34] identified as the project's only significant unavoidable impact,
[1:56:37] and that is transportation. All feasible mitigation measures
[1:56:40] have been incorporated and approval of the project requires
[1:56:44] adoption of the findings of fact and a statement of overriding
[1:56:49] consideration. Finally, the eir includes
[1:56:52] responses to all comments received on the draft eir,
[1:56:56] revisions where appropriate, and the final mitigation monitoring
[1:56:59] and reporting program. Staff recommends that the
[1:57:02] city council certified the environmental impact report and
[1:57:05] adopt the associated ceqa findings, approve the general
[1:57:07] plan amendments, waive the first reading, and introduce ordinance
[1:57:12] rezoning per plan amendments. Collectively, these actions
[1:57:15] maintain consistency among the city's planning documents and
[1:57:18] enables the city to submit for housing element compliance
[1:57:22] consideration by hcd. That concludes the presentation
[1:57:24] and staff is available to answer any questions.
[1:57:28] >> thank you. With that I will go ahead and
[1:57:29] open the public hearing at 8:44 p.m.
[1:57:32] do you have any pull preliminay questions?
[1:57:38] seeing then, we'll go out for public comment.
[1:57:40] would any members of the public like to speak on item 5a?
[1:57:44] seeing none in chambers, any online?
[1:57:47] >> we have one speaker card. >> go ahead and proceed.
[1:57:52] >> dennis wilson? >> good evening, mayor arriola,
[1:58:05] council members. Dennis wilson.
[1:58:07] I am the principal lanner of horizon consulting in modesto,
[1:58:11] california, and I represent maya vmf llc, developers and
[1:58:20] operators of hispanic food markets.
[1:58:23] in fact, they currently operate -- they have rehabbed
[1:58:29] three existing buildings into supermarkets here in tracy.
[1:58:33] so they are very familiar with tracy.
[1:58:36] they purchased 3.2-acre parcel at the northwest corner of
[1:58:41] macarthur and mount diablo. The broker brought them here to
[1:58:47] the city of tracy to determine, do their due diligence, and find
[1:58:54] out what the current zoning was for this site.
[1:58:57] they understood it was neighborhood hopping, n.s., but
[1:59:04] they wanted to make sure, which is part of the due diligence.
[1:59:08] so, in september -- actually, they came in july of 2025, and
[1:59:15] they were told that it was zoned neighborhood shopping.
[1:59:20] in september, they went ahead and closed escrow on the
[1:59:25] 3.2 acres, and shortly after I was retained to help them
[1:59:28] through the planning process, and learned that the project was
[1:59:37] part of this 196-acre parcel rezones.
[1:59:43] they purchased it without knowing that.
[1:59:48] anyway, to make it short, we have been working very
[1:59:51] diligently with planning staff, they have been a great help in
[1:59:56] removing the two parcels they bought from the 196 parcels that
[2:00:01] are being rezoned, and we are here tonight to just make sure
[2:00:07] that council understood why we were being removed and widely
[2:00:12] asked to be removed. And I am here to answer any
[2:00:15] questions you might have. >> thank you, mr. Wilson.
[2:00:21] do we have any additional speakers?
[2:00:25] >> I have no hands raised online, and they are.
[2:00:28] >> with that, I will close the public comment portion in the
[2:00:32] public hearing at 8:47 p.m. Returning to council for
[2:00:38] discussion and/or motion. >> I'm going to make a motion to
[2:00:41] adopt resolution certifying an environmental impact report,
[2:00:44] state clearinghouse number 202-406-0665, and adopting a
[2:00:51] mitigation monitoring and reporting program, findings of
[2:00:56] fact, and a statement of overriding considerations for
[2:00:58] the housing element implementation project,
[2:01:01] including rezoning, specific plan amendment, and general plan
[2:01:05] amendment pursuant to the california environmental quality
[2:01:08] act. >> second.
[2:01:08] >> we have a first and second. Roll call, please.
[2:01:15] >> mayor pro tem abercrombie? >> yes.
[2:01:18] >> councilmember evans? >> yes.
[2:01:20] >> councilmember bedolla? >> yes.
[2:01:23] >> councilmember nygard? >> yes.
[2:01:26] >> and mayor arriola? >> yes.
[2:01:28] >> I make a motion to update land use designations for the
[2:01:34] housing element opportunity sites, and approving a general
[2:01:37] plan amendment to update the land use, safety, circulation,
[2:01:42] and creation of a new environmental justice element.
[2:01:44] >> second. >> we have a first and second.
[2:01:47] roll call, please. >> mayor pro tem abercrombie?
[2:01:52] >> yes. >> councilmember evans?
[2:01:54] >> yes. >> councilmember bedolla?
[2:01:58] >> yes. >> councilmember nygard?
[2:01:59] >> yes. >> mayor arriola?
[2:02:00] >> yes. Madame clerk, would you please
[2:02:02] read the title of the proposed ordinance?
[2:02:05] >> rezoning the housing element opportunity sites to implement
[2:02:10] the 2023-2031 housing element and mending the industrial
[2:02:14] areas specific plan, I-205 corridor specific plan, and
[2:02:19] tracy hills specific plan. >> motion to waive the first
[2:02:23] reading by substitution of the title and introduce the
[2:02:26] ordinance? >> second.
[2:02:27] >> we have a first and second. Roll call, please.
[2:02:31] >> mayor pro tem abercrombie? >> yes.
[2:02:34] >> councilmember evans? >> yes.
[2:02:37] >> councilmember bedolla? >> yes.
[2:02:41] >> the item passes. We look forward to be compliant
[2:02:44] with the housing element and thank you to our businesses for
[2:02:46] working with us. Next up, that brings us to
[2:02:54] item 5b, which is related to policy on business-friendly
[2:02:58] parking requirements. Staff report, please.
[2:03:11] >> hello. Thank you for getting the
[2:03:13] powerpoint up. My name is breanna alamilla, and
[2:03:15] I am with the planning division in community and economic
[2:03:19] development, and I'm here tonight to talk about the
[2:03:21] shopping center parking amendments.
[2:03:24] tonight we are proposing amendments to two articles in
[2:03:30] the zoning code, article 2, definitions, and article 26,
[2:03:34] off-street parking requirements. We are also proposing amendments
[2:03:38] to three specific plans, the cordes ranch specific plan, the
[2:03:43] I-205 corridor specific plan, and the residential areas
[2:03:46] specific plan. The reason we are bringing this
[2:03:49] project here tonight is to propose an amendment to reduce
[2:03:52] the parking requirement to one parking space per 350 square
[2:03:58] feet of gross floor area. Currently, commercial and office
[2:04:03] uses require one space per 250 feet square area.
[2:04:07] this change would apply in zones that allow commercial uses and
[2:04:11] areas within the three specific plans.
[2:04:16] the reason we are proposing this amendment is to implement the
[2:04:21] sustainability action plan, measure t2, to reduce parking
[2:04:25] requirements, and also to support the 2025-2027 strategic
[2:04:31] priorities, specifically to enhance the city's reputation as
[2:04:33] a business friendly city. The definition does not exist
[2:04:39] currently in our municipal code for shopping centers, so staff
[2:04:44] is proposing a new definition to ensure consistency in
[2:04:46] implementing this new amendment. Staff is proposing the
[2:04:50] definition of "a group of three or more consumer service and
[2:04:54] retail trade establishments, including any other commercial
[2:04:56] uses allowed in the zone, on a single or contiguous parcels,
[2:05:00] developed with shared parking and vehicle/pedestrian access."
[2:05:06] these amendments are exempt from ceqa pursuant to section 150-53,
[2:05:18] and the staff and planning commission are recommending
[2:05:21] city council introduce the ordinances amending the tracy
[2:05:24] municipal code and specific plans and adopt resolution
[2:05:26] determining that this is exempt from ceqa.
[2:05:32] this concludes the presentation. Thank you.
[2:05:34] >> I do have one preliminary question.
[2:05:36] the staffing report stated the impetus behind this was
[2:05:40] challenges with the application for dutch bros in the former
[2:05:47] big lots parking center. Will this allow that to proceed
[2:05:51] forward in addition to the site that has already been supported
[2:05:54] downtown? >> the site downtown, the
[2:05:56] parking is fine. The cement and cement is already
[2:05:59] being brought forward, as you mentioned, because of the dutch
[2:06:04] bros proposed in the big lots parking lot, and this change
[2:06:07] will allow that to go forward. >> thank you.
[2:06:11] council, do you have any prelimited questions?
[2:06:14] I will open the public hearing at 8:52 p.m. And allow for
[2:06:17] public comment. Any members of the public who
[2:06:20] would like to speak on item 5b? Seeing none in chambers, do we
[2:06:24] have any online? >> no hands raised online,
[2:06:27] mayor. >> with that we will close
[2:06:29] public comment and close the public hearing at 8:53 p.m.
[2:06:33] we will return to council for further discussion or motion.
[2:06:36] >> I would like to motion for an adoption of a resolution
[2:06:39] reckoning the ordinances removing article 2 and article
[2:06:44] 26 requirements of chapter 10.08, zoning regulations, of
[2:06:50] title 10, planning and zoning of the tracy municipal code, and
[2:06:55] amending the cordes ranch specific plan, the I-205
[2:06:59] corridor specific plan, and the residential areas specific plan,
[2:07:03] two equirement for shopping cens of one space per 350 square feet
[2:07:09] of gross floor area is exempt from the california
[2:07:11] environmental quality act pursuant to ceqa guidelines
[2:07:19] section 15061 subsection b, subsection 3, because it can be
[2:07:23] seen with certainty to have no possibility of a significant
[2:07:27] effect on the environment. >> second.
[2:07:28] >> we have a irst and second. Roll call, please.
[2:07:33] >> mayor pro tem abercrombie? >> yes.
[2:07:35] >> councilmember evans? >> yes.
[2:07:38] >> council member bedolla? >> yes.
[2:07:40] >> councilmember nygard? >> before I vote, I have one
[2:07:43] last question. I know you you jumped and really
[2:07:46] fast there. >> my apologies.
[2:07:49] >> does this parking also look at the increased use of e-bikes
[2:07:53] and whatnot? Are be taking into consideration
[2:07:57] e-bike parking at all in any of these newer shopping centers?
[2:08:02] speak of this ordinance specifically is not looking at
[2:08:06] e-bike parking. It's just for shopping center
[2:08:09] parking requirements to allow the dutch bros, mostly, to come
[2:08:12] in. >> so it is only looking at
[2:08:15] vehicle parking? >> yes.
[2:08:16] >> okay. We can bring this back at a
[2:08:18] later time. Thank you.
[2:08:20] >> did you have a vote? >> oh, yes.
[2:08:23] I vote yes. [laughs]
[2:08:26] thank you. >> and mayor arriola?
[2:08:28] >> yes. Ith that -- my apol. Madame clerk, would you please
[2:08:34] read the title of the close ordinance?
[2:08:43] >> an ordinance amending existing articles, article 2,
[2:08:47] definitions, and article 26, off-street parking requirements,
[2:08:51] of chapter 10.08, zoning regulations, of title 10,
[2:08:56] planning and zoning, of the tracy municipal code, and
[2:09:01] amending the cordes ranch specific plan, the I-205
[2:09:06] corridor specific plan, and the residential areas specific plan,
[2:09:09] to add a minimum parking requirement for shopping centers
[2:09:13] of one space per 350 square feet of gross floor area is exempt
[2:09:20] from the california environmental quality act, ceqa,
[2:09:24] pursuant to ceqa guidelines section 15061b3.
[2:09:29] >> motion to waive the first reading by substitution of title
[2:09:33] and introduce the ordinance. >> second.
[2:09:34] >> we have a first and second. Roll call, please.
[2:09:39] >> mayor pro tem abercrombie? >> yes.
[2:09:41] >> council member evans? >> yes.
[2:09:44] >> councilmember bedolla? >> yes.
[2:09:47] >> councilmember nygard? >> yes.
[2:09:49] >> and mayor arriola? >> yes.
[2:09:50] with that, the item passes. I look forward to more business
[2:09:55] friendly parking in the future. That brings us to item 5c,
[2:09:58] regarding an update to notices of violation to the tracy
[2:10:04] municipal code. Staff report, please.
[2:10:11] >> hello, mayor, council. My name is lacey, and with the
[2:10:16] city of tracy code enforcement unit.
[2:10:19] this item is before you tonight because staff identified an
[2:10:22] opportunity to improve and modernize the city's existing
[2:10:27] notice of violation procedures. A notice of violation is an
[2:10:30] important code enforcement tool that the city uses when
[2:10:36] significant property violations remain unsolved -- I'm sorry,
[2:10:38] and resolve. Once recorded, it provide notice
[2:10:41] to potential purchasers, lenders, and other interested
[2:10:44] parties that a property has outstanding code violations that
[2:10:46] have not been corrected. Over time, staff found that
[2:10:51] existing ordinances contained procedural ambiguities and no
[2:10:58] longer reflected the city's current organizational
[2:11:01] structure. The current code also places the
[2:11:03] authority to record notices of violation with a position that
[2:11:06] function. Oversees that as a result, staff worked with
[2:11:11] the city attorney office to review the ordinance and develop
[2:11:14] an amendment that provides greater clarity, consistency,
[2:11:18] and transparency for both the city and property owners.
[2:11:22] the proposed ordinance does several things: first, it
[2:11:25] clearly outlines the steps that must occur before a notice of
[2:11:28] violation can be recorded, including notice to the property
[2:11:33] owner, a reasonable pportunity to correct the violation, and an
[2:11:36] opportunity to appeal the city determination.
[2:11:40] second, it establishes a clear procedure and timelines so
[2:11:47] property owners better understand their rights and
[2:11:50] responsibilities throughout the process.
[2:11:55] retaining a notice of compliance after violations have been
[2:11:58] corrected included completion of the any required permits and
[2:12:01] resolution of outstanding administered fines or penalties
[2:12:05] it updates the administered authority for them according to
[2:12:09] city manager or designee this better aligns with current code
[2:12:14] writing practices and rovides flexibility should
[2:12:17] organizational responsibilities change in the future.
[2:12:20] importantly, this ordinance does not create new violations,
[2:12:23] increased penalties or expand the city's enforcement
[2:12:27] authority. Instead it's the city's existing
[2:12:30] procedures and ensures they are administered in a fair,
[2:12:33] consistent, and legally defensible manner.
[2:12:40] from a community standpoint, these amendments help promote
[2:12:43] timely corrections of violations, improve transparency
[2:12:46] in property transactions and productive future property
[2:12:50] owners from unknowingly purchasing properties with
[2:12:52] unresolved code issues. Overall, the proposed amendment
[2:12:56] provides a clear process for the public, stronger due process
[2:13:01] protections for property owners, and more effective compliance
[2:13:03] tools for the city. Staff recommends the
[2:13:06] city council conduct a public hearing, adopt the ceqa
[2:13:11] exemption resolution, and introduce the ordinance.
[2:13:13] >> the chair: we will go ahead and open the public hearing at
[2:13:17] 8:59:00 p.m. Any pulmonary questions from
[2:13:22] counsel? Speak of this is rather legally
[2:13:25] dense item, cleanup item we will go up to public comment on item
[2:13:41] 5c would any members of the public like to speak -- seeing
[2:13:45] chambers, we have have any online.
[2:13:48] we have public lament imposed the public hearing.
[2:14:04] >> repealing 10.08 article 39 in its entirety at enacting chapter
[2:14:09] 1.36 notices of violation to the tracy municipal code, category
[2:14:13] except to the california environmental quality pursuant
[2:14:16] to ceqa guideline section 15378 subsection b, subsection two.
[2:14:26] >> the chair: first and second, roll call please.
[2:14:27] >> mayor pro-tem abercrombie. >> yes.
[2:14:29] >> councilmember evans. >> yes.
[2:14:31] >> councilmember bedolla. >> yes.
[2:14:32] >> councilmember nygard. >> yes.
[2:14:33] >> and mayor arriola. >> yes.
[2:14:45] >> the chair: will you please read the ordinance.
[2:14:52] >> violations, penalties, enacting chapter 1.36 "notices
[2:14:57] of violation" of the tracy municipal code.
[2:15:02] >> motion to waive the first reading and introduce the
[2:15:05] ordinance. >> second.
[2:15:06] >> the chair: we have first and second, will call please.
[2:15:09] >> mayor pro-tem abercrombie. >> yes.
[2:15:10] >> councilmember evans. >> yes.
[2:15:11] >> councilmember bedolla. >> yes.
[2:15:12] >> councilmember nygard. >> yes.
[2:15:13] >> and mayor arriola. >> yes.
[2:15:19] >> the chair: with that the item passes, thank you to ode
[2:15:22] enforcement come appreciate the hard work.
[2:15:24] that brings us to tem 5d which is regarding policy expending
[2:15:29] after hours restrictions to the cemetery district property.
[2:15:42] >> good evening, mayor, council members, thank you for the
[2:15:45] opportunity to speak my is dan garcia, here to propose a
[2:15:58] council member -- aims to extend 4.16.180 which addresses
[2:16:04] unlawful acts in parks and public areas and 4.16.190 which
[2:16:12] is establishing closing hours. The tracy cemetery district
[2:16:16] provides a vital public space with a respectful and
[2:16:21] environment to honor and honor our loved ones.
[2:16:24] unfortunately properties within the tracy public cemetery
[2:16:28] district have experienced ongoing issues including after
[2:16:30] hours trespassing, vandalism, activities.nd other disruptive
[2:16:35] currently our municipal code does not extend parking
[2:16:39] regulations or enforceable after our restrictions to the cemetery
[2:16:42] grounds which limits our ability to address these issues
[2:16:45] effectively. The proposed ordinance would
[2:16:48] extend existing part regulations to the tracy public cemetery
[2:16:52] district property ensuring unlawful acts such as vandalism,
[2:16:55] loitering, and alcohol consumption are clearly
[2:16:58] prohibited and enforceable. Establishing a forcible after
[2:17:00] hours restrictions for the tracy public cemetery district
[2:17:03] property make it unlawful for any person to enter or remain on
[2:17:08] the cemetery grounds outside of the posted operational hours
[2:17:12] except for authorized personnel or those with written permis
[2:17:16] permission. Promoted consistent enforcement
[2:17:18] of rules cross all comparable public spaces within city limits
[2:17:23] thereby supporting public safety and preserving this important
[2:17:26] community areas part of the amendment will provide
[2:17:28] law enforcement of clear authority to respond to
[2:17:30] complaints and enforce violations on these properties.
[2:17:34] applying the same standards used for city parks.
[2:17:36] it would also support the public's expectations but
[2:17:38] cemetery grounds remain safe, peaceful, and respectful
[2:17:42] environments. There will be no significant
[2:17:44] physical impact as enforcement will be managed within existing
[2:17:48] police department resources. Additionally the action is
[2:17:52] categorically exempt from the california environment equality
[2:17:53] act as it does not result in any physical changes to the
[2:17:58] environment. The tracy police -- the tracy
[2:18:00] public cemetery district along with its legal counsel initiated
[2:18:04] this request and has provided input on the proposed
[2:18:06] amendments. The city attorney's office and
[2:18:09] tracy police department have collaborated to ensure the
[2:18:11] ordinance language is effective and consistent with our
[2:18:15] regulatory framework. Tonight I respectfully request
[2:18:17] the adoption of the amendment to chapter 4.16 to extend parked
[2:18:23] regulations and after hours restrictions to the tracy public
[2:18:27] cemetery district property. Thank you for your time and I'm
[2:18:29] happy to answer any questions you have.
[2:18:30] >> the chair: we will over the public earing at 9:05:00 p.m.
[2:18:35] do we have luminary questions. Councilmember bedolla?
[2:18:42] >> the closing is 8:00 p.m., with this change that?
[2:18:46] >> we will work with the cemetery whatever hours they
[2:18:49] have posted we will respect those and that will be part of
[2:18:52] this ordinance. >> currently, is this going to
[2:18:57] allow enforcement, currently is there no enforcement?
[2:19:01] >> it's a private owned property, this would give us the
[2:19:06] access because we don't have the authority unless they tell us
[2:19:09] this is happening, right? This gives us the authority to
[2:19:13] take proactive decisions when we are out there in the field.
[2:19:18] >> okay, thank you. >> the chair: any additional
[2:19:20] pulmonary questions. Seeing none, do we have any
[2:19:23] public comment on item 5. D. Seeing them in chambers to we
[2:19:29] have any online? >> no hands raised.
[2:19:32] >> the chair: will close public comment and close public
[2:19:34] hearing at 9:06:00 p.m. And return to counsel for discussion
[2:19:39] and motion. >> I make a motion to adopt the
[2:19:41] resolution determining the ordinance amending chapter 4.16
[2:19:46] of the racy municipal code to extend that section 4.16.180
[2:19:52] unlawful acts in parks and public areas to include property
[2:19:55] owned by the tracy public cemetery district and amending
[2:20:00] section 4.16.190 part closing hours to establish enforceable
[2:20:04] after hours restrictions for tracy public cemetery district
[2:20:09] property is categorically exempt from the california
[2:20:13] environmental quality act pursuant to ceqa guidelines
[2:20:20] section 15378 b2. >> the chair: first and second
[2:20:25] will call please. >> mayor pro-tem abercrombie.
[2:20:26] >> yes. >> councilmember evans.
[2:20:27] >> yes. >> councilmember bedolla.
[2:20:29] >> yes. >> councilmember nygard.
[2:20:32] >> yes. >> and mayor arriola.
[2:20:33] >> yes. >> the chair: will you please
[2:20:38] read the title of the proposed ordinance.
[2:20:43] >> amending chapter 4.16 of the tracy municipal code to extend
[2:20:49] section 4.16.180 unlawful acts in parks and public areas to
[2:20:53] include property owned by the tacy public cemetery district
[2:20:57] and amending section .16.190 part closing hours to establish
[2:21:05] enforceable after hours restrictions for tracy public
[2:21:07] cemetery district property. >> motion to waive the first
[2:21:12] reading by ubstitution of the title and introduce the
[2:21:15] ordinance. >> second.
[2:21:17] >> the chair: first and second, will call please.
[2:21:19] >> mayor pro-tem abercrombie. >> yes.
[2:21:20] >> councilmember evans. >> yes.
[2:21:21] >> councilmember bedolla. >> yes.
[2:21:22] >> councilmember nygard. >> yes.
[2:21:23] >> and mayor arriola. >> yes.
[2:21:28] >> the chair: thank you to the police department we look
[2:21:32] forward to enforcement of the cemetery district.
[2:21:33] that brings us to item -- regular agenda items and we have
[2:21:42] item six.a. >> good evening mayors, council
[2:21:46] members, members of the public thank you again for the app
[2:21:48] tutor to speak -- dan garcia bureau special operations for
[2:21:53] the tracy police department. I'm here to propose the
[2:21:56] city council consider a resolution that will significant
[2:21:58] lee ann hansen public safety and operational efficiency in our
[2:22:01] city parks and throughout tracy this resolution aims to
[2:22:05] establish strict compliance with standard procurement process
[2:22:06] that's not in the city's best interest and to approve a master
[2:22:10] service agreement with block group inc. To purchase
[2:22:17] insulation operation and maintenance of camera technology
[2:22:18] for a term of 44 months at a cost that does not exceed
[2:22:24] $639,467. This resolution will chieve the
[2:22:27] following. Modernizing public safety
[2:22:29] infrastructure, our current park camera systems are outdated and
[2:22:31] inadequate for today's public the tracy police department has
[2:22:36] successfully utilized flock automated license plate readers
[2:22:40] and pan-tilt zoom cameras since 2022 leading to a significant
[2:22:44] success in solving crimes, locating missing persons and
[2:22:48] recovering stolen property. Expanding this proven technology
[2:22:51] into our parks will provide comprehensive real-time video
[2:22:55] coverage and critical oversight. This contract ill result in the
[2:23:00] installation of 33 fixed flock condor cameras and 16 flock ptc
[2:23:04] cameras in our tracy city parks specifically at dr. Powers park,
[2:23:09] gretchen talley park, legacy park, lincoln park, mcdonald
[2:23:14] park, veterans park, and sanusi park.
[2:23:19] flat annual lease rate per camera incorporating
[2:23:21] installation, maintenance, cloud-based hosting an ongoing
[2:23:24] software enhancements. This approach limits the burden
[2:23:27] of costly equipment replacement at the end of the agreement and
[2:23:31] ensures our technology remains current and reliable.
[2:23:34] flock is the sole manufacturer and developer of this camera
[2:23:40] technology and the tracy police department's real-time
[2:23:43] information center is already fully integrated with their
[2:23:46] system, transitioning o another vendor would require a complete
[2:23:50] overhaul of our infrastructure leading to significant
[2:23:53] additional costs in service and disruption.
[2:23:58] the police department has established robust policies to
[2:23:59] ensure the ethical use of video and a lpr technology including
[2:24:05] strict guidelines of data collection, retention, and
[2:24:08] privacy. The master service agreement
[2:24:10] includes confidential clauses and complies with all state and
[2:24:13] federal requirements including sb 34 a state privacy laws
[2:24:17] enacted in 2015 that governs how our -- how public and private
[2:24:22] entities collect, secure, and retain, and share data generated
[2:24:26] by these systems pick of the cost of the agreement will not
[2:24:30] exceed $639,467 over 44 months funded through the tpd annual
[2:24:37] operating budgets. This investment will consolidate
[2:24:39] and expand our camera etwork providing greater value and
[2:24:43] safety to our community. This initiative directly
[2:24:48] supports our strategic priorities for public safety by
[2:24:50] leveraging technology to prevent and reduce crime, enhance
[2:24:54] evidence-based enforcement, and improve the quality of life for
[2:24:57] all tracy residents. Went december of 2025, flock
[2:25:01] cameras help locate a missing elderly resident within hours,
[2:25:05] ensuring her safe return. In february of 2026 the system
[2:25:09] enabled police to identify and apprehend a shooting suspect who
[2:25:11] fled the city. In may of 2026 a stolen vehicle
[2:25:15] was quickly recovered and returned to its owner thanks to
[2:25:17] the real-time tracking. Since january 1st there have
[2:25:25] been approximately 206 instances where the real-time information
[2:25:27] center was able to use the evidence from these cameras to
[2:25:32] help in the reports. There were 660 instances where
[2:25:36] they were able to use the system to make sure our officers
[2:25:40] arrived at these locations safely and give them the
[2:25:43] information they needed to. Since 2022, 240 incidents that
[2:25:50] resulted in reports being taken that began with our a lpr hits
[2:25:55] which meant either it's a felony vehicle, missing person, or some
[2:26:02] type of dangerous people that was flagged by an agency or
[2:26:06] ours. I request the adoption of this
[2:26:09] resolution to approve the master agreement with flock inc.
[2:26:14] >> the chair: we will open the public hearing at 9:12:00 p.m. I
[2:26:18] want to start really quickly just given concerns we have
[2:26:21] heard related to data collection and retention, data sharing,
[2:26:26] surveillance concerns, confidentiality, can you give us
[2:26:28] a little more detail on what the city or flock is doing to
[2:26:31] prevent misuse of automated license plate readers and data.
[2:26:39] >> arbor attention period's for 30 days, we make sure we have
[2:26:43] that. If any officer or anyone from
[2:26:44] our department is using the system, we make sure there's a
[2:26:48] case number involved and the reason why they are doing the
[2:26:50] search or looking through the system itself.
[2:26:53] we have policies in place that take care of that.
[2:26:58] we control the system and we decide who we share that system
[2:27:01] with. We only share in state partners
[2:27:05] and law enforcement but there's a reason why they are sharing
[2:27:10] with them. That's kind of where we re at
[2:27:14] with the policy and retention in the system.
[2:27:18] >> point of clarification, this is a regular discussion of the
[2:27:21] public hearing. >> the chair: my apologies.
[2:27:28] >> do have any additional preliminary questions?
[2:27:33] >> the chair: will there be any public comment related to
[2:27:37] item six-point a? Scene and in chambers we online?
[2:27:42] >> one moment, mayor. >> in case there was questions.
[2:27:51] >> no speakers on line. >> the chair: we will go ahead
[2:27:53] and close out public comment related to six-po six.a.
[2:28:07] >> I wanted to thank you officer garcia and a chief millington
[2:28:12] for being so proactive in using the technology we need to be
[2:28:18] more visible if that's a good word to locate and be able to
[2:28:27] apprehend crime in progress. I think this is a true example
[2:28:33] of being able to use technology in real time to our best
[2:28:37] advantage. I just have one quick question,
[2:28:40] he answered a lot of what I was thinking -- one of the numbers
[2:28:44] we are looking at that you have been able to apprehend suspects
[2:28:49] with the use of these devices. I think you stated in your
[2:28:56] report quite a bit of data which was great.
[2:28:59] I did want to see if you could touch on privacy.
[2:29:02] I know that comes up a lot in public about what are we doing
[2:29:09] to help protect privacy when we are using these devices in
[2:29:15] public? >> our goal is to use the system
[2:29:19] ethically and by doing that, we are lways doing analysis and
[2:29:24] data runs to make sure we are using it properly.
[2:29:27] we are training our officers on how to use it, making sure they
[2:29:31] are related to a crime, related to any police functions that we
[2:29:36] do and they are not misused. We are making sure we are not
[2:29:42] sharing with out-of-state partners or any federal
[2:29:44] agencies -- we control the sstem.
[2:29:48] we make sure we are creating audits on it monthly.
[2:29:54] >> I wanted to conclude by saying I am surprised and
[2:30:00] grateful that flock uses solar-powered cameras out there.
[2:30:07] I'm grateful we are able to look at cost savings had not have to
[2:30:10] hardwire all these and because they do come with the solar
[2:30:14] capability, thank you again. >> the chair: any additional
[2:30:18] discussion? Briefly I want to thank chief
[2:30:21] millington because flock cameras were utilized to locate my
[2:30:24] stolen vehicle a few months ago outside of the city of tracy but
[2:30:29] I've seen it firsthand how effective this can be.
[2:30:32] thank you chief nd thank you to your team for incredible work.
[2:30:36] and I will entertain a motion. >> motion to adopt the
[2:30:39] resolution determining compliance with standard
[2:30:42] procurement processes not of the best interests of the city
[2:30:46] pursuant to tracy municipal code 2.20.180 subsection b,
[2:30:52] subsection three and dispensing such requirements for the action
[2:30:57] herein two, proving a master service agreement with flock
[2:31:00] group inc. For the purchase, installation, operation, and
[2:31:03] maintenance of new equipment and technology for a 44 month term
[2:31:07] and for a total not to exceed amount of $639,467.
[2:31:18] >> second. >> the chair: we have a first
[2:31:19] in a second. Roll call please.
[2:31:20] >> mayor pro-tem abercrombie. >> yes.
[2:31:23] >> councilmember nygard. >> yes.
[2:31:24] >> councilmember bedolla. >> yes.
[2:31:25] >> councilmember evans. >> yes.
[2:31:29] >> and mayor arriola. >> yes.
[2:31:34] >> the chair: thank you to the tracy police department we look
[2:31:35] forward to stronger enforcement. That brings us to tem six.b
[2:31:40] lived a short term rental regulations.
[2:31:42] staff report please. >> thank you mayor ed council
[2:32:06] members, christina delgadillo associate planner.
[2:32:08] we are providing information on short-term rentals and asking
[2:32:10] direction from the city council in addressing them.
[2:32:15] a short-term rental as a rental of a dwelling or portion thereof
[2:32:19] by the owner to another person or group of persons for
[2:32:22] occupancy, dwelling, lodging or sleeping purposes for a period
[2:32:25] of less than 30 consecutive da days.
[2:32:29] also known as vacation rentals, transient rentals, bed and
[2:32:31] breakfast, et cetera. There are two types of
[2:32:37] short-term rentals. Hosted an unposted figure hosted
[2:32:39] meets the owner, agent or full-time mentor lives on the
[2:32:42] property during the guests they usually usually a short-term
[2:32:45] renter will rent out a broom. On hosted is the owner not
[2:32:48] residing on the property and the whole house or unit is rented
[2:32:51] out to. The state allows cities to
[2:32:53] collect transient occupancy tax from short-term rentals under
[2:32:58] revenue and taxation codes section 72-80.
[2:33:00] popular companies that help facilitating rentals or air be
[2:33:05] and, verbal, homeaway, and flip key.
[2:33:09] currently the medicinal code does not have any definition for
[2:33:13] short-term rentals. There is a section .08.1070
[2:33:18] which states any use not explicitly stated in title x is
[2:33:22] prohibited. In the past, staff has used the
[2:33:25] definition and zoning centers for boarding and grooming houses
[2:33:28] to include short-term rentals as well.
[2:33:30] boarding and grooming houses are currently allowed in meeting up
[2:33:33] density and high density zones. Short-term rentals are not a
[2:33:36] perfect fit and issues have arisen.
[2:33:41] according to our research there are roughly 88 currently
[2:33:44] operating in the city. Our records show only one has a
[2:33:47] business license and is still attempting to be the parking
[2:33:50] requirements for boarding houses.
[2:33:53] the code enforcement division has had multiple cases involving
[2:33:56] short-term rental complaints. In 2024 there were 1 16 cases,
[2:34:01] 2025 there were five cases, nd so far in 2026 there have been
[2:34:05] seven cases. The city is losing out on the
[2:34:10] tot the state allows us to collect.
[2:34:13] many cities throughout california allowed regulate
[2:34:19] short-term rentals picked out some cities such as manteca,
[2:34:21] merced, and fresno I have a short-term perfect.
[2:34:25] clovis has operating standards. There are also many cities that
[2:34:28] do not permit them. Up to macula larkspur.
[2:34:35] now it's discussed and cons. One but if it would be the
[2:34:42] increase in transient occupancy tax.
[2:34:44] the city's tot rate is currently 10% of rent charged by the
[2:34:47] operator, the 23 have a 24 fiscal year of the city made
[2:34:54] approximately 1,931,000, $16 in tot for hotels and motels.
[2:35:02] increased the tot to $2,020,484. Theoretically with approximately
[2:35:09] 88 operating illegally in the city ith an average of $184 per
[2:35:14] night rented out approximately 223 days per year, we could
[2:35:18] potentially earn another $361,082 per fiscal year.
[2:35:22] on top of that we would receive approximately $4,716 from the
[2:35:29] business tax revenue. Another potential effect would
[2:35:32] be economic opportunity. If we allow him in downtown it
[2:35:36] can assist in revitalizing the area.
[2:35:38] there are many older homes in the area.
[2:35:41] we predict allowing short-term rentals may encourage property
[2:35:43] owners to invest n those older neighborhoods closer to downtown
[2:35:46] to use the most short-term rentals.
[2:35:48] this would in turn create a tourist top of the downtown area
[2:35:53] along with the added offense that already take place there.
[2:35:56] tourism also supports the local businesses because many
[2:35:59] short-term mentors and vacationers will be spending
[2:36:01] money at local shops and restaurants again generating
[2:36:05] revenue. Short-term rentals allow for a
[2:36:10] more diverse lodging options. We have multiple construction
[2:36:13] projects that bring hundreds of workers.
[2:36:16] they along with other tourists and travelers can benefit from a
[2:36:19] diversity of lodging options especially with needing a longer
[2:36:22] stay, this could benefit them. There are some potential
[2:36:28] negative effects. When negative effect it would
[2:36:31] have is on her housing supply. It may decrease long-term rental
[2:36:36] and home buying opportunities. Can also become a nuisance in
[2:36:39] neighborhoods. Excessive noise if there is an
[2:36:41] unruly group of guests. Also an increase in vehicles and
[2:36:45] vehicle trips. Many of cases I mentioned
[2:36:49] earlier were initiated due to complaints of excessive cars in
[2:36:52] a residential neighborhood. Staff has provided the following
[2:36:58] options the council could move forward on but please keep in
[2:37:00] mind these are not the only options.
[2:37:05] option one to be clearly and firmly not permit them in the
[2:37:07] city. The city could amend title ten
[2:37:10] of the tracy municipal code to add a line in the definition of
[2:37:12] boarding and grooming houses to state that does not include
[2:37:16] short-term rentals. This would get rid of ambiguity.
[2:37:19] city council could also choose to clarify the definition of
[2:37:22] boarding and grooming houses but it must be rented longer than 30
[2:37:26] days. Option 2 would be to permit and
[2:37:34] conditionally permit short-term rentals in certain zones.
[2:37:36] this could entail a new use group or adding to an existing
[2:37:39] use group. Some zones to allow for
[2:37:42] conditional use permit could be residential, state, low density
[2:37:47] residential and medium density residential pick of the city
[2:37:50] could allow by wright and central business to district or
[2:37:54] in general highway commercial zone.
[2:37:57] option 3 would be to create a zoning overlay for short-term
[2:38:01] rentals. Overlay zone is an additional
[2:38:04] layer of zoning -- sorry, additional specialized layer of
[2:38:10] zoning rules apply to specific geographic area that it already
[2:38:13] has a base zoning district. Some examples for the overlay
[2:38:17] could be downtown area or around legacy fields.
[2:38:23] option 4 would be to create a new ordinance for short-term
[2:38:27] rentals that would include regulations for operations.
[2:38:29] we could include a specific short-term rental apartment much
[2:38:32] like other cities I mentioned in a previous slight prickle some
[2:38:35] examples of regular agents could include maximum occupancy
[2:38:38] limits, place a cap on the number of short-term rentals in
[2:38:41] the city and can't host or hold events on short-term rental
[2:38:45] properties. Continue with option 4 we could
[2:38:48] include other restrictions such as lube short-term rentals
[2:38:51] within a certain distance from one another, limit the number of
[2:38:55] rooms available to rent, or acquire primary residence to
[2:38:57] maintain the housing market -- meaning t can't be a second
[2:39:02] home or an investment home. Limit the number of vehicles per
[2:39:05] visitor, limit the number of permits citywide, and mandate a
[2:39:09] local contact in the area during the stay.
[2:39:13] to summarize there is no clear definition in the tracy
[2:39:16] municipal code to. We could earn tot but we could
[2:39:20] potentially lose housing stock. Some options are not to remit in
[2:39:23] the city, permit or conditionally permit, create an
[2:39:26] overlay, or created new ordinance with the option to
[2:39:28] create a new permit. At this point we can look to
[2:39:32] turn it over to the city council to discuss the options provided
[2:39:35] to direct the staff for a path forward and short-term rentals.
[2:39:40] >> the chair: I have a quick question regarding slide 17
[2:39:45] about requiring the primary residence to maintain the
[2:39:46] housing market. Could you provide more detail
[2:39:49] and with that framework would look like?
[2:39:53] speaker when I mentioned early, this would be an example of
[2:39:58] that. We would require somebody to
[2:39:59] permanently live in the ouse. >> other cities also for
[2:40:08] instance if you have people who are retired and travel a lot, as
[2:40:11] their primary residence that would have certain requirements
[2:40:13] they be at the home a minimum of 180 days out of the gear and if
[2:40:18] they are traveling they could do it otherwise but ultimately just
[2:40:21] to make sure it's not a second home so people are just buying
[2:40:25] investment homes and renting them out for purposes of a
[2:40:28] short-term rental two usually what they will say is primary
[2:40:33] residence with a minimum occupancy of so many nights per
[2:40:34] year so he could make that determination.
[2:40:37] >> the chair: okay. Are there restrictions, are
[2:40:42] their abilities to restrict on who could enter the market?
[2:40:47] for example are there ways to permissibly allow small local
[2:40:52] folks from doing it to prevent out-of-state corporations from
[2:40:54] doing it et cetera, or no? >> if your question is if a
[2:41:02] company purchased the home, we can look into that vehicle I
[2:41:05] imagine that's something -- again the company would have to
[2:41:07] live there if you put a certain limit, make a primary residence,
[2:41:15] even though a corporation is a "person" I don't think you could
[2:41:19] technically say they're living there.
[2:41:21] there ways to preclude corporations buying homes if you
[2:41:24] do have some type of host requirement as christina was
[2:41:28] saying among other things. There's ways we could look into
[2:41:31] that crypto I know a lot of cities have tried to do that
[2:41:35] especially because of housing crunch in the states they don't
[2:41:37] want these homes to be investment properties, if you
[2:41:41] will. >> the chair: understood.
[2:41:43] with regard to the 88 that are operating illegally currently,
[2:41:47] are they geographically distributed in certain areas,
[2:41:49] what does that look like? >> they are throughout the city.
[2:41:52] we met with air dna which is an analytical company who
[2:41:58] specializes in the short-term rentals.
[2:41:59] from what they provided it was scattered throughout the area
[2:42:03] and there are more outside of the city limits of tracy but
[2:42:05] they would not give us more information as to where exactly.
[2:42:10] >> the chair: do you have any preliminary questions?
[2:42:20] councilmember nygard. >> this is for less than 30 day
[2:42:23] rental? >> correct.
[2:42:25] >> just kind of curious. You talk about construction
[2:42:28] workers or other professionals that come in for job
[2:42:31] opportunities here or job transfers, what if it takes 90
[2:42:37] days or whatever? Or even longer?
[2:42:47] we are only looking at those that are 30 days or less?
[2:42:51] speak of the definition of a short-term rental is less than
[2:42:54] 30 days if it's at 30 days or more you get certain rights as a
[2:42:57] tenant you wouldn't get otherwise pickle for these
[2:42:59] purposes the short-term rentals are considered less than 30
[2:43:02] days, otherwise the individual staying there starts to get
[2:43:04] certain rights and it has led to issues on evictions and
[2:43:08] everything else there to what they can do is either moved from
[2:43:11] property to property or reup so long as it's a new term they are
[2:43:16] doing and they are not -- it's not consistent that makes sense.
[2:43:26] >> the chair: any additional preliminary questions.
[2:43:28] with that we will go out for public comment, what any members
[2:43:32] of the public like to speak on item six.b.
[2:43:38] signa and tempest we have any online?
[2:43:44] will closely comment for item 6.b.
[2:43:53] four options looking to put some type of's consensus.
[2:43:55] would like o start. >> I like option four.
[2:44:01] I think looking at it as a potential another revenue source
[2:44:07] but I like some of the different things you have put in there
[2:44:10] with possible restrictions. I would like to have something
[2:44:13] come back a little more details regarding option 4 and how we
[2:44:18] could put that into ordinance and move forward.
[2:44:25] >> the chair chair: councilmember evans.
[2:44:29] >> being a rental property owner myself I've never had short-term
[2:44:32] properties but it had long-term properties and have developed an
[2:44:35] opinion set on this and I've had one in close proximity to my
[2:44:41] home. Mostly it's managed responsibly
[2:44:42] and I think these are a net benefit in most cases for
[2:44:46] communities. But they do have their problems
[2:44:49] that I have seen it firsthand. In reviewing these, I agree,
[2:44:54] option 4 was the one that made the most sense to me but I would
[2:44:58] alter it or recommend alterations, read to get through
[2:45:00] quickly -- adopt the new ordinance that would allow and
[2:45:03] regulate short-term rentals, this could include creating a
[2:45:06] new permit type -- yes I agree on the ermit.
[2:45:11] probably annual permits? This option should include
[2:45:14] choosing zones? I could be talked out of this
[2:45:16] but I'm not sure we need a zoning layer for this or not to.
[2:45:20] I guess I would like to hear staff's opinion on why
[2:45:23] potentially a new zoning layer would be necessary or
[2:45:28] advantageous. You can hold that to the end I
[2:45:30] would be happy to hear your opinion on it.
[2:45:34] however instead of the conditional use permit
[2:45:37] potentially a short-term permit -- agree, mickey daniel,
[2:45:42] something like that. Conditional use permits require
[2:45:45] a planning commission or approval I would not see this as
[2:45:48] something it would be a good use for planning commission
[2:45:52] personally pickle long-term rental properties don't go to
[2:45:54] planning commission so I wouldn't think that a short-term
[2:45:59] rental -- again, I could be talked out of that position but
[2:46:01] it didn't seem like a good use for planning commission.
[2:46:07] permit for short-term rentals could streamline the process by
[2:46:10] providing simple standards to follow and permitting authority,
[2:46:14] likely community and economic development director which I
[2:46:17] thought was interesting. I'm not sure that makes sense on
[2:46:19] who would be issuing the permit but I think I'll leave that to
[2:46:23] staff decide on that. This goes on to say this is
[2:46:28] similar to what other cities have done grading ordinance that
[2:46:32] provides egulations and ensures short-term rentals will not
[2:46:35] become a nuisance to surrounding areas.
[2:46:37] I would dd to it that I would expect robust language to be
[2:46:42] included in the permits and strong educational policy for
[2:46:47] the landlords to understand hat our ordinances are, noise
[2:46:51] ordinance, et cetera. We have strict language around
[2:46:54] noise and things. I would recommend those
[2:46:58] alterations or adjustments to option 4, but also you listed
[2:47:05] some potential restrictions -- limit short-term rentals with a
[2:47:10] certain distance of one another -- I think that would be
[2:47:12] good and that may help ensure the market doesn't get saturated
[2:47:16] with too many of these. I would love to staff some
[2:47:22] recommendations there but I like that idea.
[2:47:25] it also says we could potentially limit the number of
[2:47:26] rooms in short-term rental -- it in a short-term rental available
[2:47:33] to rent. I think that idea has some merit
[2:47:37] I would be curious to hear about that.
[2:47:39] require primary residence or hosting short-term rentals
[2:47:42] maintain housing arkets. I guess I would say if you are
[2:47:54] saying -- requiring primary residence, that I think in
[2:47:58] essence is saying require owners to have a presence in tracy,
[2:48:01] right? Is that what I'm reading?
[2:48:02] I would agree, that may lend to what -- the concerns voiced
[2:48:10] earlier large conglomerates buying from out of state or even
[2:48:14] out of country and managing mass numbers of properties here, I
[2:48:16] wouldn't want to see that hap happen.
[2:48:21] I think that would be advantageous in limit number of
[2:48:22] vehicles per visitor -- I've seen that issue a couple of
[2:48:26] times where we have lots of random vehicles that show up and
[2:48:28] come and go. Limit the number of permits
[2:48:35] citywide, I would favor that as well.
[2:48:39] mandate local contact in the area for sure I agree with that.
[2:48:42] that's where I stand on those ideas, I would support this but
[2:48:47] I would like to see 4 come back with some of the alterations
[2:48:49] that I recommended and some additional recommendations from
[2:48:54] staff and I wanted to hear your thoughts on a couple things that
[2:48:57] I mentioned, primarily -- which one was at?
[2:49:08] zoning, potential to have a zoning layer.
[2:49:12] >> to your question a lot of times those zones you might
[2:49:16] exclude for example high them at high density rentals, people
[2:49:25] renting an apartment they apply, the next think you know the
[2:49:28] property owner is calling us, why did you do this?
[2:49:31] there are certain restrictions in terms of zoning we can look
[2:49:35] at other times, certain cities have said for whatever
[2:49:38] neighborhood we just don't want it to the neighborhood
[2:49:41] association or hoa has said we don't want it so we respect that
[2:49:44] as well. Those will be some restrictions
[2:49:46] if you will. I think every city is different
[2:49:49] and I trust our planning department to look through and
[2:49:51] recommend to you wall but I just wanted to give you some examples
[2:49:55] as to why there ight be certain restrictions one way or the
[2:49:58] other. >> I would presume hoas and
[2:50:02] aartment complex rules or condominium complex rules would
[2:50:07] govern if there was an issue there, correct?
[2:50:11] >> we can't enforce those rules but if you're asking why for
[2:50:15] instance we would say we one to allow a hdr mostly because those
[2:50:22] are renters and they would not be allowed to do that otherwise.
[2:50:26] you were just asking for certain zoning restrictions, that could
[2:50:30] be it. Otherwise it could be an area
[2:50:32] ultimately the city for whatever reason wants to encourage
[2:50:37] natural growth and doesn't want to do that.
[2:50:40] fr instance as christina was saying limited to downtowns, get
[2:50:44] more people there. Those are examples of it, that
[2:50:46] you can visualize, that's all. >> the chair: thank you
[2:50:55] councilmember. Councilmember nygard.
[2:50:58] >> I also support option 4 and I like the recommendations that
[2:51:02] councilmember evans has put forward.
[2:51:06] I would like to see that kind of information come back.
[2:51:13] >> the chair: councilmember bedolla.
[2:51:14] >> I'm good with option 4. >> the chair: as per my
[2:51:17] comments initially I was concerned with ramifications of
[2:51:21] the housing market that I to mike and I was leaning towards
[2:51:24] not permitting however, given what staff has provided come I
[2:51:27] think I'm open to it. The question I have is if we
[2:51:33] determine that this becomes more problematic in the future, is
[2:51:37] there a particular trigger, will there be an ability to easily
[2:51:42] pipit should we identify if it doesn't work for our community?
[2:51:49] >> that gets more complicated in the sense that someone has a
[2:51:52] vested right at that point in time.
[2:51:54] you to have an annual with dual process, you will.
[2:51:59] generally speaking if they've met all the requirements, you
[2:52:01] can't do that. That's why it's good to be
[2:52:03] proactive at the beginning and try to take your time and
[2:52:06] envision what those problems could be which I think staff
[2:52:09] that a great job of talking about the restrictions you can
[2:52:12] put into place. I would advise it's uch better
[2:52:16] to be really restrictive at first and then peel off a
[2:52:19] certain restrictions than being a bit more open and then to take
[2:52:23] that away from people. That's when you get someone to
[2:52:26] say I'm suffering because of these other people versus if you
[2:52:30] restrict it and allow some certain circumstances with the
[2:52:34] limits, it's much easier that way instead of a more
[2:52:36] free-for-all approach. >> the chair: with that I'll
[2:52:39] be supporting option 4. I definitely want to highlight
[2:52:42] the distance between one another.
[2:52:44] I think for example we want to develop our downtown, we want to
[2:52:47] encourage people to live downtown, have it be a walkable
[2:52:51] downtown and I would hate for it to be only short-term rentals.
[2:52:54] want to make sure people are living their part of the
[2:52:57] community and providing opportunity come I think it will
[2:52:59] be important. Did you have a comment?
[2:53:02] >> we would actually look at that.
[2:53:03] the other thing is throughout the central valley -- or full
[2:53:09] disclosure I worked on this ordinance in manteca which is
[2:53:14] why you should be popping up a lot tonight.
[2:53:17] they realized a lot of people were buying homes on the same
[2:53:19] block in same cul-de-sac and if there would be a big wedding
[2:53:22] they would rent out all four homes at the same time and it
[2:53:25] would be party central which is why you can put certain distance
[2:53:30] requirements in there to make it first come serve but you don't
[2:53:34] have an entire block, and tyler street, and tar cul-de-sac of
[2:53:39] short-term rental units. >> the chair: that would be by
[2:53:42] request. Secondly as I brought up before
[2:53:44] if we put in particular restrictions to prohibit these
[2:53:48] big conglomerate corporations from taking over, I really
[2:53:51] support our local folks having investments, that's fine.
[2:53:55] but I would not be in support of having huge corporations come in
[2:53:58] and take over our city. Those would be my requests.
[2:54:07] build consensus around option 4. Does staff need any additional
[2:54:11] direction? >> one thing that would be good
[2:54:18] just to confirm with counsel is your stance on hosted versus
[2:54:21] unhosted I think I heard comments tonight that seem to
[2:54:24] indicate there was support for acquiring hosted but I want to
[2:54:27] make sure everyone understands what that means and just to be
[2:54:30] clear it would mean someone can only have a short-term rental
[2:54:34] such as airbnb if they're going to be present in the house.
[2:54:38] if any of you have ever rented airbnb -- for me personally when
[2:54:41] I've stayed at those my house was empty my whole family
[2:54:44] occupied it. I want to make sure you know in
[2:54:47] the 88 examples that we probably have roughly in the city, I'm
[2:54:49] guessing but I think most of them probably are where you are
[2:54:52] not there and they are renting the whole house.
[2:54:55] just so we want to make sure we are aware if we are seeing yes
[2:54:58] to this come I want to make sure you understand that piece of it.
[2:55:00] and we are clear on your direction.
[2:55:05] >> the chair: I concur, that was not my intent.
[2:55:08] >> yet, none hosted to. >> the chair: we have
[2:55:10] consensus on that. Do you need a motion?
[2:55:23] >> motion to proceed with optiof the ones that were highlighted
[2:55:29] by counsel. >> first and
[2:55:32] >> mayor pro-tem abercrombie. Second, will call please.
[2:55:33] >> yes. >> councilmember evans.
[2:55:34] >> yes. >> councilmember bedolla.
[2:55:35] >> yes. >> councilmember nygard.
[2:55:37] >> yes. >> and mayor arriola.
[2:55:39] >> yes. >> the chair: thank you steph
[2:55:44] we look forward to additional work on this.
[2:55:47] with regards to item six-point see that was killed by motion
[2:55:52] earlier tonight, will not be looking at that item.
[2:55:54] that brings us to item 6.d related to a merit increase for
[2:56:00] city attorney. Staff, please.
[2:56:08] >> good evening mayor and council, kimberly murdaugh your
[2:56:10] human resources director and the item before you tonight is a
[2:56:13] reflection of direction that counsel has provided for the
[2:56:20] amendment to an at will employment agreement to city
[2:56:25] attorney -- he was appointed by city council on july 14th 2025.
[2:56:32] annually the contract allows for the city council to conduct a
[2:56:37] performance evaluation which was completed on june 23rd 2026.
[2:56:44] because he received a satisfactory performance
[2:56:47] evaluation, counsel discussed with egotiators at amendment to
[2:56:53] mr. Nefouse's employment agreement to reflect a merit
[2:56:58] increase which was determined by counsel to be 5%.
[2:57:02] the item before you tonight is simply an amendment to his
[2:57:06] contract to reflect modification of subsection a to my base
[2:57:12] salary of section three from compensation benefits to
[2:57:14] increase his base salary from $12,163.21 to $12,771.37
[2:57:27] biweekly. In addition this item would
[2:57:29] amend the master salary schedule to reflect the increase for
[2:57:33] mr. Nefouse effective july 122026.
[2:57:36] that concludes my report I'm happy to answer any questions.
[2:57:38] >> the chair: do we have any preliminary questions?
[2:57:42] do we have any members of the public would like to speak on
[2:57:46] item 6.d. Singh none on chambers, do we
[2:57:48] have any online? >> no hands on line.
[2:57:52] >> the chair: close-up public comment for item 6.d.
[2:57:56] ive told you privately I will say public I think you've done
[2:57:58] an excellent job we've changed the culture of this organization
[2:58:01] we could have not done it without your assistance I think
[2:58:04] the merit increases well-deserved, keep up the good
[2:58:07] work. Anything additional?
[2:58:11] >> I echo the mayor's sentiments and I would make a motion to
[2:58:14] adopt a resolution 1 amending at will employment agreement
[2:58:20] between david nefouse and city of tracy effective july 122026
[2:58:24] reflect a merit increase of 5% for a biweekly increase from
[2:58:32] $12,163.21 to $12,771.37 and 2 amended the master salary
[2:58:38] schedule to reflect the salary increase for the city attorney
[2:58:41] effective july 122026. >> second.
[2:58:45] >> the chair: we have first and second.
[2:58:46] roll call please. >> mayor pro-tem abercrombie.
[2:58:47] >> yes. >> councilmember evans.
[2:58:49] >> yes. >> councilmember bedolla.
[2:58:50] >> yes. >> councilmember nygard.
[2:58:52] >> yes. >> and mayor arriola.
[2:58:53] >> yes. >> the chair: congratulations,
[2:59:01] mr. Nefouse. That brings us to items from the
[2:59:02] audience would any members of the public like to speak on an
[2:59:04] item that is not n tonight's agenda?
[2:59:07] singh on a chambers to we any online?
[2:59:12] >> no hands online. >> the chair: I will close out
[2:59:13] items from the audience and that brings us to staff items.
[2:59:22] >> I have a few brief announcements before we go on
[2:59:27] summer recess. This is the final city council
[2:59:29] meeting before the summer recess, council meetings will
[2:59:32] resume on tuesday august 18th. We look forward to seeing
[2:59:35] everyone then, have a wonderful rest of your summer.
[2:59:40] join us on friday july 10th from 6:00 to 9:00 for the downtown
[2:59:45] block party at front street plaza, enjoy a free evening of
[2:59:49] live music, featuring the rn to be been patently fair dumb
[2:59:58] academic along with food and friendly fun, there will be a fe
[3:00:04] event at the boyd service center, residents nd local
[3:00:07] business can safely recycle unwanted electronic devices,
[3:00:11] free document shredding will be happening saturday july 18th
[3:00:15] from 8:00 a.m. To 12:00 p.m. In the north city hall, residents
[3:00:21] can trade up to three banker boxes of confidential documents
[3:00:25] for more information please visit recycle inside a
[3:00:28] triangle.com. Join us for movies in the plaza
[3:00:34] at civic center plaza the featured film is "spongebob: the
[3:00:39] movie." bring your long chairs and
[3:00:42] blankets and enjoy a free movie night under the stars the movie
[3:00:46] begins at 7:30:00 p.m. Jin us, join the tracy police
[3:00:50] department on tuesday august 4th for a national night out a
[3:00:53] citywide celebration at briggs neighbors, law enforcement, and
[3:00:57] community partners together to promote crime prevention and to
[3:01:00] strengthen our community to go visit our website for more
[3:01:05] information, that finishes staff announcements.
[3:01:07] >> the chair: that brings us to council items.
[3:01:10] any on the side? Councilmember bedolla.
[3:01:15] >> wanted to make a brief comment.
[3:01:18] june 26th of this year there was a sad loss of life in front of
[3:01:21] the target department store. This family grieving that loss
[3:01:28] of life, another family grieving the other part -- I think for
[3:01:31] one more day there is a fund-raiser for the family who's
[3:01:35] trying to raise some funds for end-of-life costs.
[3:01:37] if you would like to support they are located at 647 palm
[3:01:43] circle here in tracy from 11:30:00 a.m. To 6:30:00 p.m.
[3:01:48] and this is for mr. Andy who lost his life.
[3:01:51] >> the chair: any on the side? Councilmember evans.
[3:01:56] >> I want to thank he community for some great celebrations a
[3:01:59] lot of patriotism here last weekend.
[3:02:03] I saw the mayor at the flag raising at the southside
[3:02:06] community organization. That had a flag pole there for
[3:02:10] many years and it had never been utilized but they raised an
[3:02:14] american flag over the guadalupe center and it flies proudly they
[3:02:18] are now. It was very cool celebration and
[3:02:20] that was followed by our fourth of july parade.
[3:02:25] the amount of patriotism and community that I saw there, it
[3:02:28] was a lot of fun and I want to thank everybody for all their
[3:02:31] efforts they put into that, celebrating I'm going to try to
[3:02:37] say it; centennial -- I'm proud to be a tracyite and american.
[3:02:45] >> the chair: I would echo that, thank you staff,
[3:02:50] community, downtown association for incredible 250 celebration
[3:02:53] for the fourth of july. It was a great celebration and I
[3:02:57] very much encourage folks to join us for national night out
[3:03:01] and we look forward to a break and seeing everyone at the next
[3:03:04] regular council meeting on august 18th.
[3:03:07] I just wish everyone a happy summer and especially to our
[3:03:10] staff who have worked so diligently throughout the year.
[3:03:14] please enjoy your recess. With that I will take a motion
[3:03:17] to adjourn. Speak a motion to adjourn.
[3:03:20] >> second. >> the chair: first and
[3:03:21] second, will call >> mayor pro-tem abercrombie.
[3:03:22] >> yes. Please.
[3:03:23] >> councilmember evans. >> yes.
[3:03:24] >> councilmember bedolla. >> yes.
[3:03:25] >> councilmember nygard. >> yes.
[3:03:27] >> and mayor arriola. >> yes.
[3:03:33] >> the chair: we are adjourned at 9:50:00 p.m., good night,
[3:03:37] everyone.