City Council - Regular Meeting

All right, good evening. I'm going to call the meeting to order at 7 p.m. for July 7th, 2026. At this time, there's no disclosures pursuant to section 5495.3.8.3. Roll call on declaration of conflicts, please.

Thank you. Please stand and join me for the Pledge of Allegiance.

Now please remain standing for invocation from Pastor Scott McFarland of Journey Christian Church.

Amen. Thank you, Pastor. Please be seated. Members of the public can participate in tonight's meeting remotely via Zoom by visiting cityoftracy-org.zoom.us slash join and using the information provided on the screen. This is also available in writing here at City Hall as well as on the City website. At this time, that takes us to presentations and I'll turn it over to our Police Chief, Sekou Millington.

All right. Thank you, Chief. We have a few more proclamations. I'll ask the council to join me. All right, congratulations again, Detective. So this time we have a few certificates to recognize our military enlistments. So I'm going to go ahead and ask them to come up. They can go ahead and say a word if they'd like, and then we'll do a group photo at the end. So with that, our first person is Karina Barrios-Godinez. So on behalf of the city of Tracy, we have a certificate of recognition presented to Karina Barrios Godinez on the occasion of your enlistment in the United States Air Force. Next

All right, another round of applause for our commissioner. And last but not least, we have a proclamation for Parks and Recreation Month. So I'd like to invite Commissioner Todd Lieberg to join us and whoever he'd like to join as well. Come on up. Come on up. Don't be shy.

All right, as you can see, we have a big Parks and Rec team here in the city. And with that, we're going to go ahead and recognize July 2026 as Parks and Recreation Month. WHEREAS THE CITY OF TRACY'S PARKS, RECREATION, AND COMMUNITY SERVICES DEPARTMENT IS FUNDAMENTAL TO OUR CITY'S IDENTITY, EVALUATING THE QUALITY OF LIFE OF RESIDENTS OF ALL GENERATIONS THROUGH INNOVATIVE PROGRAMMING, BEAUTIFUL OPEN SPACES, AND EXCEPTIONAL COMMUNITY SERVICES FOR ALL AGES AND ABILITIES. AND WHEREAS TRACY'S LOCALIZED PARKS AND OPEN GREEN SPACES SERVE AS VITAL COMMUNITY ACRES, PROVIDING SAFE, WELCOMING ENVIRONMENT

All right, can we all, let's come on to this side, because I've got a big group over here.

All right, and we'll allow a minute for folks to exit from the presentations.

All right, thank you. And my understanding is that Mayor Pro Tem, you had a motion.

Yes, please. So I had previously requested this item, but I would like to make a motion to object. TO THE CONSIDERATION OF 6C AND HAVE IT COMPLETELY KILLED AND NOT MOVE FORWARD AT ALL.

AND 6C WAS TO SUSPEND THE RULES REGARDING THE NAMING OF INDIVIDUAL SPORTS FIELDS AT THE BALLPARK AT TRACY PIONEER SPORTS COMPLEX. SO JUST LET IT GO FORWARD AND NOT RECONSIDER THAT. OKAY. AND THEN MR. NAFUSE, CAN YOU CLARIFY ANY PROCEDURAL ISSUES?

Understood. Okay, so Mayor Pro Tem has made a motion. Do we have a second? Second. Okay, we have a first and a second. And that would be to kill the motion from the agenda. Roll call, please.

Yes. All right. So with that, the item dies and we will not consider any change to that process. So the process will continue normally for the naming process.

NEW SPEAKER PERFECT. THANK YOU, MAYOR PORTEMP. ALL RIGHT. WITH US, THAT BRINGS US TO THE CONSENT CALENDAR. ARE THERE ANY MEMBERS OF THE COUNCIL THAT WOULD LIKE TO PULL ANY CONSENT ITEMS?

NEW SPEAKER YES, MAYOR. BEEN REQUESTED TO PULL ITEM 3W.

NEW SPEAKER AND, MAYOR, I REQUEST TO PULL 3L.

All right. There's a lot of items on this agenda. So 3W was regarding the second reading for oversized vehicles. And 3L was related to the transit station's emergency backup generator. Correct. Anything on this side? All right. Did staff had any items to pull?

OK. Were there any members of the public that wanted to pull an item? My understanding was that there was a request for item 3B. IS THAT CORRECT? STAFF, I NEED A CLARIFICATION. WAS THERE SPEAKER CARDS FOR A CERTAIN ITEM? 3B. ITEM 3B WILL BE PULLED. OTHER THAN 3B, 3L, AND 3W, ARE THERE ANY OTHER ITEMS THAT WOULD LIKE TO BE PULLED?

Okay. 3B was regarding maps for the Tracy Hills Commerce Center. 3C was related to the rocking horse development project. And 3Q was related to the execution of a fee credit reconciliation. Okay. Other than B, C, L, Q, and W. Were there any other items to be pulled? We'll go through them individually. Okay. So those items will all be pulled. And other than that, I'll entertain. Is there anyone online to pull an item?

Okay. With that, I'll entertain a motion.

Mr. Mayor, I make a motion to approve the consent calendar. Items B, C, L, Q, and W. Second.

We have a first and a second. Roll call, please.

Yes. All right. We'll start with item 3B related to the final map for the Tracy Hills Commerce Center. Staff report, please.

Thank you. I'll go to Council for preliminary questions. Did you pull that one, Council Member Evans? No. Oh, sorry. Was there any from Council? I have one. I may pretend.

SEE, MR. FUSI, CAN YOU PLEASE EXPLAIN, THERE WAS A PROCESS FOR OBJECTING TO THIS PROJECT. I BELIEVE THAT TIME HAS EXPIRED. WHAT WOULD BE THE RAMIFICATION? SHOULD WE TRY TO HALT THIS AT THIS TIME, PLEASE?

Any additional preliminary questions from council? Seeing none. I'll make a comment, I guess, before we vote. We're going to have to go through the whole process. That's fine. I have no questions. All right. With that, we'll go out for public comment. And are there any speaker cards?

Oh, sorry, before we begin, can I please see hands raised for who would like to speak on this item? One, two, okay, so I'm seeing three, so that means each speaker will get four minutes. All right, Mr. Corrigan, please begin. Oh, and the microphone's right there in front of you, my apologies.

Thank you, Mr. Cadea. Next speaker card, please.

Ms. Sutton, can you pull the microphone a little closer to you?

NEW SPEAKER THANK YOU, MS. SUTTON. NEXT SPEAKER CARD, PLEASE.

NEW SPEAKER OKAY. WITH THAT, WE'LL OPEN IT UP TO THE REST OF THE PUBLIC. IF ANYONE WOULD LIKE TO SPEAK ON THIS ITEM. Do we have a microphone for Mr. Healy?

Mr. Healy, I hate to stop you. Is this for item 3B or is this for items from the audience? It's related to item 3B only. I apologize. We'll make sure you get your time for items from the audience. Are there any other speakers who would like to speak specifically on item 3B related to the Tracy Hills Commerce Center? Okay. Seeing none. Do we have any online speakers for this item?

Okay. With that, I will go ahead and close the public comment portion for this item and would return for further discussion or motion. I believe Council Member Evans, you had a comment.

Thank you, Mayor. Yeah, just a quick comment on this item. I was adamantly against this item, not against building an industrial facility if it were to be placed in one of our industrial zones. This is not. It was proposed for Corral Hollow between two of our largest neighborhoods in Tracy. Disagree with placement of this particular development in this area. For consistency's sake, it's protest vote, but I'm going to vote no for this particular item.

Any additional comment from council? Seeing none, with that I'll entertain a motion.

Mr. Mayor, I make a motion to approve 3B. I'll second.

We have a first and a second. Roll call, please.

Yes. All right. Item 3B passes as our final maps. Thank you, everyone who came to speak. That brings us to Item 3C, which is related to the Rocking Horse Development Project. Staff report, please.

Thank you. Do we have any preliminary questions from council? Seeing none, with that we'll go out for public comment. Can I please see hands raised for item 3C? I see two, so that'll be four minutes. Do we have any speaker cards?

Thank you, Ms. English. Next speaker, please.

NEW SPEAKER THANK YOU, MR. BEST. ANY ADDITIONAL SPEAKERS ON THIS ITEM? Seeing none, do we have any online? Okay, with that, I'll go ahead and close the public comment period for Item 3C, and we'll start questions. Staff, does Item 3C need any further Planning Commission review?

THANK YOU. DO WE HAVE ANY FURTHER QUESTIONS OR ANY FURTHER QUESTIONS, DISCUSSION FROM COUNCIL? COUNCILMEMBER EVANS.

JUST TO BE SURE EVERYBODY'S CLEAR AND IT'S ON RECORD, THERE'S BEEN NO DESIGN CHANGES, THERE'S BEEN NOTHING ADDED, NOTHING DELETED, NOTHING ALTERED, IT'S THE SAME Development is the same as it always was, correct? Okay. The only thing that does appear to have changed is a phased approach, which is two phases now instead of one.

Okay. And so the reason this is coming to council through consent now as opposed to a while back, I guess, is because they're getting ready to construct the basic infrastructure. Is that right?

Thank you. Any additional questions? With that, I'll entertain a motion.

Mr. Mayor, make a motion to approve item 3C. Second.

We have a first and a second. Council Member Evans, roll call, please.

Yes. All right. The item passes. Thank you, Rocking Horse Development. That brings us to Item 3L, which is related to the Transit Station Emergency Backup Generator. Staff report, please.

Thank you. Do we have any preliminary questions from council? Council Member Nygaard.

Thank you, Director LaVelle, for your report. Is our city currently involved in the municipal energy audit and I believe that it's due to come back to us in August?

Correct. So is not the transit center included in this audit?

Because I'm still kind of a little baffled because, you know, if our transit center were to put, you know, solar with the appropriate battery storage, would this not – and that would run 24-7. One, you would reduce your energy costs from PG&E and not have the reliance on PG&E. Therefore, if a blackout were to occur, you already have the – THE CONFIRMATION TO HAVE ENERGY CONSISTENCY. SO WOULD THAT NOT ELIMINATE THE NEED FOR A BACKUP GENERATOR IF YOU HAD SOLAR WITH THE APPROPRIATE BATTERY STORAGE?

Wouldn't that be the purpose of putting solar on a building, to be able to bypass PG&E and to have your own independent power source?

Yeah. So what I'd like to request from council consensus is that we pause for a month to wait for the energy audit to come back to be able to have it reviewed before the council to see what our options are to look at being more energy efficient on our municipal buildings. and hope that we could just look at this next month after we review the energy audit and how we can have more energy independence from PG&E so that we would not have to actually be subject to the blackouts and the power outages that we actually see in our communities

Is that all your questions, Councilor? Yes. Okay.

Mayor Bertram. But I, just to clarify, the transit station is not part of that audit, is that correct, sir? That's correct. Okay. So I don't, I'm not sure how...

But it doesn't necessarily mean that it could not be evaluated for the use of solar. on that building. I mean, any municipal building would be has an opportunity to look at whether or not it's capable of the construction makeup to have solar on their roofs or in their parking lot. So it's basically how are we looking at making sure we can have more resiliency against PG&E's power outages and have more independence to have our own power sources to supply power to our vital municipal structures.

If we did postpone this for a month, what would be the possible consequences?

But what would be the impact to the transit station not having that? That's more of my concern.

Okay. So I had two questions very similarly. Is this item of sensitive timeliness?

That was going to be my next question is, I thought that my understanding of the audit was that it was citywide. So is it not possible to include it?

AND IS THE INTENT OF DOING IT AT THIS TIME BECAUSE OF SUMMER BLACKOUTS OR?

Okay. But that wouldn't be until next year?

Can I just ask how many cooling centers we have in our city?

How many cooling centers are there in Tracy, designated cooling centers?

We don't use the community center anymore?

And we do have the library and the mall as well as two other backup cooling centers.

Yeah, my recollection is there are various throughout the city.

Okay. Any additional questions from council? With that, we'll go out for public comment. Do you have any members of the public who would like to speak on item 3L? Can I see hands raised, please? For the whole item, yes. Okay. I'm seeing one. Okay, we'll allow four minutes for each comment. Can we please get a microphone to Mr. Healy?

Seeing another one, can you please come up? Ms. Howell, is that on? Push the button. There we go.

Thank you, Ms. Howell. Do we have any additional speakers on this item? Seeing none in chambers, do we have any online?

Okay, we will go ahead and close the public comment portion for item 3L. We'll return to council for additional discussion and or motion. Council Member Nygaard, anything else?

I would just like to request that we have council consensus on postponing this for a month to allow us to review the energy audit and to see where we may make other opportunities for energy savings and cost efficiency for the city.

I would like to bring it back after we're able to review the energy audit update that comes to us on the 18th to see if we have opportunity to utilize the transit center as a solar facility with battery backup.

I BELIEVE I UNDERSTOOD THE ENERGY AUDIT WAS NOT GOING TO BE INCLUSIVE OF THIS BUILDING, CORRECT? DID I UNDERSTAND THAT CORRECTLY?

The reason I guess I think it's germane to this topic is if I understood, if we're waiting for the audit, the audit is not going to be inclusive of the transit center. That's what I'm hearing.

But just to clarify, Director Rajad, you just said for all Tracy facilities. So is it, is not the Transit Center a Tracy facility?

Got it. And I'm open to entertaining this idea. I'm just, my point is I don't think a good reasoning is to wait for this audit. It doesn't sound like this is, if we're only looking at appliances within the transit center, then it's not going to have an impact on the solar option that's being discussed. So that's all my point is. We can wait, if that's Council's will, but I don't see waiting for the audit.

Thank you, Council Member. Council Member Bedoya. Yes. Is there another vehicle, another item that's either on our plate or that's like a quicker way to consider solar on the transit center? Because I think that's what, I hope I'm not misunderstanding what Council's debating up here. Because maybe we can pass this.

But not stopping the current, not letting the current bid expire. Or that is letting the current bid expire.

I mean, I would leave it to council. My question would be in the pursuit of maintaining energy at the transit facility, should there be solar battery storage, would that mitigate the need to have an emergency generator?

Okay. So the batteries would be used for daily use, but they would not be sufficient in an emergency situation. Is that what I'm hearing?

Correct. And the $2 million here could arguably be used for that cost. Could be, yes, understood. Council Member Nagard.

Thank you, Mayor. That was kind of what I was going to clarify. Have we looked at what the cost would be to put solar on the transit as opposed to this generator, backup generator?

Does it take into consideration the long-term cost savings with your PG&E bill, as well as diesel fuel? Because you're going to be using diesel for this generator, and diesel continues to go up. So solar would actually eliminate both those long-term costs.

I think it would be. IT WOULD BE A VERY WISE DECISION TO ACTUALLY COMPARE BOTH, SINCE WE HAVEN'T REALLY COMPARED BOTH COSTS FOR THE BACKUP GENERATOR VERSUS SOLAR AND THE FULL COST SAVINGS TO OUR TAXPAYERS, HOW WE CAN, HOW CAN WE DECIDE ON THE MOST EFFECTIVE AND EFFICIENT SYSTEM FOR POWER OUTAGES.

NEW SPEAKER THANK YOU, COUNCIL MEMBER. If there's nothing further, I'll entertain a motion.

Second. We have a first and a second. Roll call, please.

No. All right. With that, the item passes. THAT BRINGS US TO THE NEXT ITEM, WHICH IS ITEM 3Q REGARDING FEE CREDIT RECONCILIATION FOR PRO LOGIS.

Do we have any preliminary council questions? Just a quick question is what caused the substantial change in numbers?

All right. And staff is confident that the new amendment are the correct numbers?

Thank you. If there's no additional council questions, we'll go out for public comment. Can I please see hands raised for speakers on this item? Okay. With that, we'll allow four minutes. Go ahead.

Thank you. Do we have any additional speakers on this item? Seeing none, Chambers, do we have any online?

With that, we'll go ahead and close the public comment portion for Item 3Q. I'll return to Council for discussion and or motion. Council Member Evans.

Thank you, Mayor. I think to staff, I mean, we're talking about $21 million. It's an awful lot of money. I don't want to disagree with it. I mean, I trust our staff, but there's just not enough detail. I've gone through this. I've gone through attachments. I've gone through everything. There's detail here, like there's amounts, but I can't really see what it is. I mean, I see the categories, and there's columns that kind of explain what they are but I don't understand how we got there is there a way to get more detail like granular detail on what this is like is there something I can see like

Where am I missing that? Because I've looked at the attachments and the staff report. Am I missing it?

Yeah, I guess I see those. Those are some of the tables I'm talking about. Like, I mean, I see raw numbers, and I mean, that's good. It kind of got me partway there, but I didn't see any actual drawings.

I would like to see them. Is there any harm in waiting on this a little bit? Or is the time of the essence on this?

I want to approve this. I mean, I want to be clear, like, I have no issue with it overall, but being that we're talking a large sum of money, I would like to see it and understand it a little bit better than I do right now. I see, like, what staff's telling me. I see the descriptions, but I'm having a hard time visualizing what it is that was done, and I'd like to actually... I'd almost like to drive out there and see it. It's a lot of money.

Yeah, I would like to see it first, if council's okay with it. I know Mr. Nafusi and I discussed this earlier. I know staff has put a lot of work into this. BUT I FEEL LIKE I CAN'T QUITE DO MY DUE DILIGENCE ON THIS UNTIL I SEE A LITTLE BIT MORE DETAIL.

UNDERSTOOD. THANK YOU, COUNCILMEMBER EVANS. COUNCIL OF ANYTHING ELSE? OKAY. WITH THAT, AS FOR MY COMMENTS, STAFF HAS REITERATED THEY ARE CONFIDENT THAT THIS IS THE NEW ACCURATE NUMBERS. WITH THAT, IT IS A PRIORITY OF MINE THAT WE ENSURE THAT WE ARE RESTORING THE CITY'S REPUTATION AMONG THE BUSINESS COMMUNITY, AND I WOULD HATE FOR THERE TO BE ANY UNDUE DELAYS TO HARM THE REPUTATION OF THE CITY GIVEN THAT WE HAVE MADE SUCH PROGRESS RECENTLY. So with that, I'll entertain a motion. Make a motion to approve 3Q.

We have a first and a second. Roll call, please.

Before I make my vote, I'll just say I HAVE NO ISSUES APPROVING THIS. I WOULD HAVE PREFERRED IF COUNCIL SUPPORTED MY ABILITY TO DO FURTHER DUE DILIGENCE IN THIS, BUT CLEARLY COUNCIL IS GOING TO HAVE THE MAJORITY HERE. DON'T WANT TO VOTE AGAINST IT, SO I WILL SUPPORT IT AND VOTE YES. NEW SPEAKER THANK YOU, COUNCILMEMBER.

NEW SPEAKER YES. ALL RIGHT. ITEM 3Q PASSES. THAT TAKES US TO ITEM 3. W related to the second reading for oversized vehicles ordinance. Staff report, please.

Thank you. Do we have any preliminary questions from Council?

Actually, Mayor, I have one question. Thank you. Just wondering if there would be any exception for families that come to visit during holiday time. Do we have anything as far as, you know, issuing maybe a special permit or would that have to be another discussion at a later time?

Thank you. And then I just want to confirm, Council has already heard this item. This is merely a second reading. Was there any changes between now and the second reading? Okay. All right. With that, we'll go out for public comment. Do we have any speaker cards?

Okay. Can I please see a hand raised for folks who would like to speak on this item? Seeing two, we'll allow four minutes. Anyone who'd like to start?

Can you hold the microphone a little closer?

So, Mr. Hewitt, I'd ask that you spend your time to ask all your questions, and then we'll ask staff to answer afterwards.

Thank you. Any additional speakers? Seeing none here, do we have any online?

Okay, so with that, I think I heard three questions I'd like answered first. So first, what was the impetus of implementing this particular ordinance? Second, is this for a particular part of town, i.e., downtown, or is it citywide? And then finally, did staff evaluate other options and assess their relevance or effectiveness from other cities?

Thank you. We'll turn to council for additional discussion or questions. Mayor Pro Tem.

Can you also address, please, Mr. McGee's concern about the bouncing? back and forth?

So what would be the penalty if that occurred, if a person moved 1,000 feet and then bounced it back? Would they get cited right then, or...?

Okay. Another question is, so if we put this into play tonight, then when enforcement can start, however, it also would allow us or allow you also to evaluate and possibly come back IF IT'S NOT, IF PEOPLE ARE USING IT TO EITHER EXTEND THE FEET OR REDUCE THE NUMBER OF HOURS, IS THAT CORRECT?

BUT IF WE CHANGE, IF WE REQUESTED CHANGES TONIGHT, then nothing happens because you guys would have to come back with a new ordinance and we'd have to start the process over. Is that correct?

Thank you. So I have met with Mr. McGee and we've talked this through and I understand where you're coming from now. I get it. We've seen things happen in other cities, neighboring cities, and I think we want to avoid that situation up front if we can. Very very much a proponent of that without getting into too many details. But I'm looking at Mountain House and Manteca, Lodi, some other neighboring cities and understanding they don't have a minimum distance. So I guess I'm trying to determine, do we know what their thought process is on that? So we have a minimum distance of 1,000 feet. They

Yeah, okay, thank you for that. I think the way I'm reading it is I think our ordinance is a little more stringent than Ripon or Elk Grove or even Livermore. So I think I like the 1,000 feet. It's not a, you know, it's not going to catch everything. It's not going to solve the problem. I like the permit idea. I think we should take a look at that as well. But I think I'm in support of supporting this now and evaluating and returning with, you know, potentially more robust ordinance. But I would like to get this in play and get it done for now and move forward. I think there's more that can be

Thank you, Council Member. And Lieutenant, that would be my comment as well. Similarly to how we assessed and amended the fireworks prosecution ordinance, I would ask that you implement this, give it six months, a year, and then come back to Council, see how it's going, and see if there are any additional requests for stringency. Council, do you have any additional discussions? With that, I'll entertain a motion.

Second. We have a first and second. Roll call, please.

Yes. All right, the second reading passes. That brings us to items from the audience. As a reminder, this is for any item that is not on tonight's agenda. And just to highlight that the council is limited into how we can respond to items that are not on the agenda from the government code. Can I please see hands raised for anyone who would like to speak on a non-agendized item? Seeing two hands. Do we have any online? OK. With that, it'll be four minutes. Whoever would like to start.

Thank you, Ms. English. Can we get a microphone for Mr. Healy?

Next speaker, please. Seeing no additional speakers, do we have any online? Okay, with that, we'll go ahead and close out items from the audience. That brings us to public hearings. We'll begin with item 5A, which is related to compliance with state requirements for the housing element. Staff report, please.

Thank you. With that, I'll go ahead and open the public hearing at 8.44 p.m. Council, do we have any preliminary questions? Seeing none. With that, we'll go out for public comment. Would any members of the public like to speak on Item 5A? Seeing none. Chambers, do we have any online?

Okay, with that, I'll go ahead and close the public comment, excuse me, the public comment portion and the public hearing at 8.47 p.m. We'll return to council for discussion and our motion.

Does the mayor make a motion to adopt a resolution certifying an environmental impact report State Clearinghouse number 2024060665 and adopting a mitigation monitoring and reporting program findings of facts and a statement of overriding considerations for the housing element implementation project, including rezoning, specific plan amendment, and general plan amendment pursuant to the California Environmental Quality Act.

Second. We have a first and a second. Roll call, please.

Yes. Make a motion to adopt a resolution, one, approving a general plan amendment to update land use designations for the housing element opportunity sites, and two, approving a general plan amendment to update the land use safety circulation and creation of a new environmental justice element. Second.

We have a first and second. Roll call, please.

Yes. Madam Clerk, will you please read the title of the proposed ordinance?

Motion to waive the first reading by substitution of the title and introduce the ordinance. Second.

We have a first and second. Roll call, please.

Yes. All right. With that, the item passes. So we look forward to being in compliance with the housing element. And thank you to our businesses for working with us. All right. Next up, that brings us to item 5B, which is related to policy on business-friendly parking requirements. Staff report, please.

Thank you. I do have one preliminary question. So from the staff report, it stated the impetus behind this was challenges with the application for a Dutch Bros in the former Big Lots parking center. Would this particular change allow that pending application to proceed forward in addition to the site that has already been supported downtown?

Fantastic. Thank you. Council, do you have any preliminary questions? With that, I'll go ahead and open the public hearing at 8.52 p.m. We'll go out for public comment. Would any members of the public like to speak on item 5B? Seeing none in chambers, do we have any online?

With that, we'll go ahead and close public comment and close the public hearing at 8.53 p.m. We'll return to council for further discussion and or motion.

mayor make a motion to adopt a resolution determining that the ordinance amending existing articles article 2 definitions and article 26 off street parking requirements of chapter 10.08 zoning regulations of Title 10 planning and zoning of the Tracy Municipal Code and amending the Cordes Ranch specific plan, the I-205 Cordes specific plan, and the residential area specific plan to add a minimum parking requirement for shopping centers of one space per 350 square feet of gross floor area is exempt from the California Environmental Quality Act pursuant to CEQA guidelines section 15061, subsectio

Before I vote, can I still make a, I have one last question. I know you jumped in really fast there. Go ahead. Does this parking actually look at also, you know, the increased use of e-bikes and whatnot? Do we, are we taking into consideration e-bike parking at all in any of these newer shopping centers?

Okay. We can bring this back at a later time. Thank you.

Yes. All right. With that, Item 5B passes. We look forward... Oh, my apologies. Madam Clerk, will you please read the title of the proposed ordinance?

Motion to waive the first reading by substitution of title and introduce the ordinance. Second. We have a first and second. Roll call, please.

Yes. With that, Item 5B passes. Thank you to staff, and we look forward to more business-friendly parking in the future. That brings us to Item 5C, which is regarding an update to notices of violation to the Tracy Municipal Code. Staff report, please.

THANK YOU. WITH THAT, WE WILL GO AHEAD AND OPEN THE PUBLIC HEARING AT 8.59 P.M. ANY PRELIMINARY QUESTIONS FROM COUNCIL? OKAY. I JUST HAD ONE. THIS WAS RATHER A LEGALLY DENSE ITEM, BUT JUST TO SUMMARIZE, ESSENTIALLY, AS I UNDERSTOOD IT, IT'S A CLEANUP ITEM OF THE ADMISSIBLE CODE TO, ONE, ENHANCE DUE PROCESS PROTECTIONS, AND, TWO, TO STRENGTHEN ENFORCEABILITY. Perfect. Thank you. With that, we'll go out to public comment on Item 5C. Would any members of the public like to speak on this item? Seeing none in chambers, do we have any online? With that, I'll go ahead and close public comment and close the public hearing at 9 p.m. We'll return to Council for further discussion and or motion.

Does the Mayor make a motion to adopt a resolution determining that Repealing Tracy Municipal Code Chapter 10.08, Article 39 in its entirety and enacting Chapter 1.36, Notices of Violation to the Tracy Municipal Code is category exempt from the California Environmental Quality Act CEQA pursuant to CEQA Guidelines Section 15378, Subsection B, Subsection 2 and or 15378, Subsection B, Subsection 5.

Second. We have a first and a second. Roll call, please.

Yes. Madam Clerk, will you please read the title of proposed ordinance.

Motion to waive the first reading by substitution of the title and introduce the ordinance. Second.

We have a first and a second. Roll call, please.

Yes. All right. With that, the item passes. Thank you to code enforcement. I appreciate the hard work. That brings us to item 5D, which is regarding policy expanding after hours restrictions to the cemetery district property. Staff report, please.

Thank you, Lieutenant. With that, we'll go ahead and open the public hearing at 9.05 p.m. Council, do we have any preliminary questions? Council Member Doyle.

Thank you, Mayor. I think right now the time, I guess I don't know the opening of the cemetery. I think the closing is 8 p.m. Would this change that to

So I guess currently, is this going to allow enforcement? Like currently, is there no enforcement? I guess what?

Okay. Thank you. Any additional preliminary questions? Seeing none, do we have any public comment on item 5D? Seeing none, chambers, do we have any online?

Okay. With that, we'll go ahead and close public comment and close the public hearing at 9.06 p.m. We'll return to council for further discussion and our motion.

I make a motion to adopt a resolution determining that the ordinance amending chapter 4.16 of the Tracy Municipal Code to extend section 4.16.180 on lawful acts in parks and public areas to include property owned by the Tracy Public Cemetery District and amending section 4.16.190 park closing hours to establish enforceable after hours restrictions for Tracy Public Cemetery District property Is category exempt from the California Environmental Equality Act pursuant to CEQA guidelines section 15378, subsection B, subsection 2, and or 15378, subsection B, subsection 5?

Second. We have a first and a second. Roll call, please.

Yes. Madam Clerk, will you please read the title of the proposed ordinance?

Motion to waive the first reading by substitution of the title and introduce the ordinance. Second. We have a first and a second. Roll call, please.

Yes. All right, and thank you to Police Department. We look forward to enforcement at the Cemetery District. That brings us to regular agenda items, and we have item 6A, which is related to flock cameras. Staff report, please.

Thank you. With that, we'll go ahead and open the public hearing at 9, 12 p.m., and I just want to go ahead and start really quickly. Just given concerns we've heard related to data collection and retention, data sharing, surveillance concerns, confidentiality, can you give us a little more detail on what the city and or flock is doing to prevent misuse of automated license plate reader systems and data?

All right. Council, do you have any additional preliminary questions? Seeing none. With that, will there be any public comment related to item 6A? Seeing none. Chambers, do we have any online?

All right. With that, we'll go ahead and close out public comment related to item 6A. Return to council for discussion or motion.

Mayor, I just wanted to make a comment. Go ahead. I just wanted to, you know, thank you, Officer Garcia and... Chief Millington, for being so proactive in using the technology we need to be more visible, if that's a good word, to locate and be able to apprehend crime in progress. And I think that this is a true example of being able to use technology in real time to our best advantage. I just had one quick question. You answered a lot of what I was thinking of the data. What are the numbers that we're looking at that you have been able to apprehend, you know, suspects with the use of these dev

Thank you. And I just wanted to actually conclude by saying I'm surprised and grateful that Flock uses solar-powered cameras out there. So, again, I'm grateful that we are able to look at cost savings and not have to hardwire all these in because they do come with the solar capability. So, thank you again.

Thank you, Council Member Nygaard. Any additional discussion? Just briefly, I just want to thank Chief Millington because flock cameras were utilized to locate my stolen vehicle a few months ago outside of the city of Tracy. But I've seen it firsthand how effective this can be. So thank you, Chief, and thank you to your team for the incredible work. With that, I'll entertain a motion.

Motion to adopt a resolution, one, determining that compliance with standard procurement processes is not in the best interest of the City pursuant to Tracy Municipal Code 2.20.180 and dispensing such requirements for the actions herein, and two, approving a master service agreement with Flock Group Incorporated for the purchase, installation, operation, and maintenance of new equipment and technology for a 44-month term and for a total not to exceed amount of $639,467. Second.

We have a first and a second with Councilmember Nygaard. Roll call, please.

Yes. All right. Thank you to Tracy Police Department. We look forward to stronger enforcement. That brings us to item 6B, related to short-term rental regulations. Staff report, please.

Thank you. I just have a quick question regarding slide 17 about requiring the primary residents to maintain the housing market. Can you provide a little more detail on what that framework would look like?

Okay. And then are there abilities to restrict on who could enter the market? For example, are there ways to permissibly allow... small local folks from doing it, but prevent out-of-state corporations from doing it, et cetera, or no?

And then with regards to the 88 that are operating illegally currently, Are they geographically distributed in certain areas? Are they throughout the city? What does that look like?

Understood. Thank you. Council, do you have any other preliminary questions? Council Member Nygaard.

This is only for less than 30-day rental? Correct. So just kind of curious, you know, you talk about construction workers or other professionals that come in for, you know, job opportunities here or job transfers, that, you know, what if it takes 90 days or whatever? Are these...

With that, we'll go out for public comment. Would any members of the public like to speak on item 6B? Seeing none in chambers, do we have any online? Okay. With that, we'll go ahead and close the public comment portion for item 6B. I believe we're just trying to build. We have four options. We're just looking to build some type of consensus. Who'd like to start?

Sure, I'll start. I like option four. I think looking at it as a potential another revenue source. But I like some of the different things that you've put in there with possible restrictions and stuff. So I'd like to have something come back a little more detailed regarding option four and how we could put that into an ordinance and move forward.

Thank you, Mayor. Being a rental property owner myself, I've never had short-term properties, but had several long-term properties, and I've developed kind of an opinion set on this and stayed in VRBOs and such, and I also have one in close proximity to my home. Mostly it's managed responsibly, and I think these are actually a net benefit in most cases for communities, but they do have their problems, and I have seen it firsthand. In reviewing these, I agreed option four was the one that made the most sense to me, but I would alter it or recommend alterations. Just reading it through quickly.

Sure. I would presume that HOAs and apartment complex rules or condominium complex rules would govern If there was an issue there, correct?

I ALSO SUPPORT OPTION 4, AND I DO REALLY LIKE THE RECOMMENDATIONS THAT COUNCILMEMBER EVANS HAS PUT FORWARD. SO, YEAH, I WOULD LIKE TO SEE THAT KIND OF INFORMATION COME BACK.

THANK YOU. I'M GOOD WITH OPTION 4. OKAY. AS FOR MY COMMENT, I THINK INITIALLY I WAS ACTUALLY REALLY VERY CONCERNED WITH THE RAMIFICATIONS IN THE HOUSING MARKET, AND I WAS LEANING TOWARDS NOT PERMITTING. However, I would, given what staff has provided, I think I'm open to it. The question I have is if we determine that this becomes more problematic in the future, is there a particular trigger or Would there be an ability to easily pivot? Should we identify that it doesn't work for our community?

Understood. So with that, I'll be supporting option four. I definitely want to highlight the distance between one another. I think, for example, you know, we want to really develop our downtown. We want to encourage people to live downtown, have it be a walkable downtown. And I would hate for it to be only short-term rentals. I want to make sure people are living there, part of our community, and provide that opportunity. So I think that would be important.

Okay, so that would be my... And then secondly, as I brought up before, if we put in particular restrictions to prohibit kind of these big conglomerate corporations from taking over, you know, I really support our local folks and having investments, that's fine, but I want to, I'd be, I would not be in support of, you know, having these huge corporations come and take over our city. So those would be, those would be my requests. So with that, I believe we've built consensus around option four. Does staff need any additional direction?

And then we're clear on your direction. I wouldn't expect that that be a requirement. I concur.

Okay. We believe we have consensus on that. All right, so we provided direction. Do you need a motion?

Do you need a motion? Motion to make a motion to proceed with option four and bring back forms of the ones that were highlighted by council. Second. We have a first and a second. Roll call, please.

Yes. All right. Thank you to staff. We look forward to additional work on this. With regards to Item 6C, that was killed by motion earlier in the night by Mayor Pro Tem, so we will not be looking at that item. Next up, that brings us to Item 6D, related to a merit increase for the City Attorney. Staff report, please.

Thank you. Council, do we have any preliminary questions? And we'll go out for public comment. Do we have any members of the public who would like to speak on item 6D? Seeing none in chambers, do we have any online? Okay. With that, we'll go ahead and close out public comment for item 60. And just as for my comments, Mr. Nafusi, I've told you privately, I'll say it publicly, I think you've done an excellent job. We've absolutely changed the culture of this organization, and we could not have done it without your assistance. I think the merit increase is well-deserved. Keep up the good work. Council, anything additional?

I just echo the Mayor's sentiments, and I would make a motion to adopt Resolution Amending the at-will employment agreement between L. David Nafusi and the City of Tracy, effective July 12, 2026, to reflect a merit increase of 5% for a biweekly increase from $12,163.21 two, $12,771.37, and two, amending the master's salary scheduled to reflect the salary increase for the city attorney effective July 12, 2026. Second.

We have a first and a second. Councilmember Evans, roll call, please.

Yes. Congratulations, Mr. Nafusi. All right, that brings us to items from the audience. Would any members of the public like to speak on an item that is not on tonight's agenda? Seeing none in chambers, do we have any online?

With that, I'll go ahead and close out items from the audience. That brings us to staff items.

Thank you, Mr. Sanchez. That brings us to council items. Any on this side?

NEW SPEAKER I WANTED TO MAKE A BRIEF COMMENT. JUNE 26TH OF THIS YEAR THERE WAS A SAD LOSS OF LIFE IN FRONT OF THE TARGET DEPARTMENT STORE. THERE'S A FAMILY GRIEVING THAT LOSS OF LIFE AND ANOTHER FAMILY GRIEVING THE OTHER PART. I THINK FOR ONE MORE DAY THERE IS A FUNDRAISER FOR THE FAMILY TRYING TO RAISE SOME FUNDS FOR END OF LIFE. COSTS, IF YOU WOULD LIKE TO SUPPORT, THEY ARE LOCATED AT 647 PALM CIRCLE HERE IN TRACY AND FROM 1130 A.M. TO 6 P.M. AND THAT IS FOR MR. ANDY WHO LOST HIS LIFE. THANK YOU. NEW SPEAKER. THANK YOU, COUNCILMEMBER.

Thank you, Mayor. I just want to thank the community for some great celebrations and a lot of patriotism here last weekend. We did the, I saw the mayor at flag raising at Southside Community Organization. They've had a flagpole there for many years and had never been utilized, but they raised the American flag over the Guadalupe Center and it flies proudly there now. And it was a very cool celebration. And that was, of course, followed by our 4th of July parade. And just the amount of patriotism and community that I saw there was just a lot of fun. And I just want to thank everybody for all th

Thank you, Council Member. Anything? All right. With minus again, I would echo that as thank you to staff in the community and the downtown association for a very incredible 250 celebration for the 4th of July. It really was a great celebration. I very much encourage folks to join us for a national night out. And we look forward to a little break and seeing everyone the next regular council meeting on August 18th. With that, just wish everyone a happy summer and especially to our staff who have worked so diligently throughout the year. Please enjoy your recess. With that, I will take a motion

Yes. All right. We're adjourned at 9.50 p.m. Good night, everyone.