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.

Council Member Bedoya.

Present, no conflicts.

Council Member Evans.

Present, no conflicts.

Council Member Nygaard. Present, no conflicts. Mayor Pro Tem Abercrombie.

Present, no conflicts.

Mayor Areola.

Present, no conflicts.

Thank you. We have a quorum.

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

I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation, under God, indivisible, with liberty and justice for all.

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

Father God, as we celebrated our 250 years as a nation, we owe you a great debt of gratitude. Thank you, Father, for the forefathers that had the courage to establish our nation. Thank you for blessing this country with resources and strength to serve our neighbors and our world. Thank you for working through all of our leaders, first responders, military to protect our citizens, and for inspiring us to stand as one nation under God, using this nation to encourage freedom everywhere.

God, you know we're imperfect and we fail at times, yet your steady hand continues to lead us forward. So we honor you for that and thank you for it as a country. Tonight we pray for our city leaders, our families, and all that serve this city. May you fill this room with your wisdom and peace so that we can continue to honor the legacy you started 250 years ago. We ask this in your holy name.

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. GOOD EVENING, EVERYONE. I WASN'T VERY WELCOMING. GOOD EVENING, EVERYONE.

ALL RIGHT.

SO I'VE GOT THE HONOR OF PRESENTING THE EMPLOYEE OF THE MONTH FOR THE MONTH OF JULY. HAPPENS TO BE ONE OF OUR OWN. WHERE IS TRAVIS? THERE HE IS. ALL RIGHT. JUST WANT TO MAKE SURE HE WAS HERE. It is my privilege. Detective Alexander has been a stellar employee. And I'm going to share a little bit about his background, what makes him so special. Detective Alexander, he was born and raised here in the city of Tracy, where he has always been committed to serving his hometown and began well before he was a police officer. He attended Wanda Hirsch Elementary School and George Kelly Elementary School, Williams Middle School, and graduated from Kimball High School. class of 2013. He later earned his associate's degree in criminal justice from San Joaquin County Delta College. Detective Alexander's career with the Tracy Police Department began at the age of 16 when he joined the police department's Explorer program back in 2011. As an Explorer, I'm sorry, I should have probably introduced Coda. It's not just him. They're a dynamic duo. I don't have Coda's bio, but I'll share a small story about her. AS AN EXPLORER, HE PARTICIPATED IN COMMUNITY EVENTS AND HANDS-ON TRAINING THAT INTRODUCED HIM TO THE PROFESSION WHICH HE FELL IN LOVE WITH. HE LEARNED FROM OFFICERS WHO EVENTUALLY BECAME HIS COLLEAGUES AND MENTORS. AFTER AGING OUT OF THE PROGRAM IN 2016, HE RETURNED TO THE DEPARTMENT IN 2017 AS A COMMUNITY SERVICES OFFICER WHERE HE GAINED VALUABLE EXPERIENCES WRITING REPORTS, ASSISTING THE PUBLIC AND RESPONDING TO CALLS FOR SERVICE. In 2018, we hired him as a police officer trainee, and he attended the Alameda County Sheriff's Office Police Academy as a member of the 163rd Academy Class. And since becoming a sworn officer, he's served in a variety of assignments to include patrol, our special enforcement team, we call it SET, and our Special Investigations Unit, SIU, where he's currently assigned as a narcotics detective. AMONG THE MANY ASSIGNMENTS, TRAVIS CONSIDERS HIS SERVING AS A DETECTION CANINE HANDLER TO BE HIS MOST REWARDING TO DATE. HE IS PROUD OF THE WORK ALONGSIDE HIS YELLOW LAB HERE AND OUR SUPERSTAR RETRIEVER, CANINE CODA. AND CODA IS A SHE. THE NAME IS UNISEX. I MADE THE MISTAKE OF REFERRING TO HER AS A HE AFTER AN AMAZING CASE JUST LAST FEW DAYS. I WON'T GET INTO THE DETAILS OF IT, BUT CODA MADE A HUGE FIND AND IT WAS AN AMAZING CASE. SO WE APPRECIATE ALL THAT THEY COLLECTIVELY DO. IN ADDITION TO HIS PRIMARY DUTIES, DETECTIVE ALEXANDER REMAINS ACTIVELY INVOLVED THROUGHOUT THE DEPARTMENT. HE SERVES AS ONE OF OUR JUNIOR CADET ADVISORS. QUICK STORY ABOUT THAT, THIS PAST WEEKEND, WEEKEND AFTER LAST, SORRY, THIS IS 4TH OF JULY, PART OF HIS INSTRUCTION AND MENTORSHIP ALONG WITH THE OTHER ADVISORS ALLOWED OUR JUNIOR CADETS TO WIN MULTIPLE AWARDS THIS PAST EXPLORE COMPETITION, AND IT'S A TESTAMENT TO HIS COMMITMENT, HAVING BEEN IN THEIR SHOES, SO HE GIVES BACK. He's also a SWAT sniper operator. He's the treasurer for the Tracy Police Canine Association. These roles reflect his commitment to mentorship, not only to the future officers we have here, but his fellow employees and contributing to the departments both on the street and internally. Outside of work, Travis enjoys fishing, hiking, mountain biking, and spending time with his fiancee, Amy. I don't believe, is she here? OK. Didn't want to not acknowledge her. And there are three dogs, Scout, Plato, and, of course, Coda, who has been adopted into the family as the little sister. Travis is also a passionate supporter of the Northern California Special Olympics, a cause that he has a special fond of because of his mother, Sharon, who's helped to establish a new Special Olympics branch in Pleasanton. She inspired his dedication to these incredible athletes, and he gives back by serving as part of the organization. Travis encourages everyone who's able to support Special Olympics through donations or volunteer service. Every contribution helps to provide life-changing opportunities for athletes to compete, build their confidence, and experience the power of inclusion. I know that was a little bit long, but I want to just give a round of applause to Detective Alexander. And I will say this in closing, our city manager, Midori Lightwork, couldn't be here, but she called me before she left and really expressed her appreciation for the conversation that you all had. And she was extremely moved by how committed you are. So thank you very much.

Thank you, sir. You're very welcome.

Hey, Chief.

All right.

Well, he's being a little shy today. Thank you. His sister's in the audience. His sister's in the audience.

Hi.

Hi, and his sister's in the audience. Got it.

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 up we have Miguel Calderon. We have a certificate of recognition presented to Miguel Calderon on the occasion of your enlistment in the United States Air Force. Next up, Martin Adam Soriano. We have a certificate of recognition presented to Martin Adam Soriano on the occasion of your enlistment in the United States Air Force. Next up, Chasity Lott. Juan Flores. Alicia Perez. We have a certificate of recognition presented to Alicia Perez on the occasion of your enlistment in the United States Army. All right, let's go ahead and grab a photo for everybody. All right. Can we get another round of applause for all of our military enlistments? Next up, we have a certificate appointment. And with this, I'd like to invite Dr. Shanice Powell. We have a certificate appointment to certify that Dr. Shanice Powell was appointed to the Parks and Community Services Commission for a term commencing on June 23rd, 2026 and expiring on January 31st, 2028. Congratulations, Commissioner.

Good evening, everyone. First, let me just say happy Parks and Rec Month. It's an honor to be appointed in this capacity. I look forward to serving our community as they continue to do the great work that they are doing and as we work to continue to ensure that the residents of Tracy are well. Thank you so much.

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.

Come on up. All right.

Congratulations.

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 ENVIRONMENTS THAT FOSTER SOCIAL CONNECTION, ACTIVE OUTDOOR PLAY, AND MENTAL WELL-BEING FOR FAMILIES AND NEIGHBORS. And whereas our city's diverse recreation programs offer enriching youth activities, creative community experiences, our adult softball league, all of which promote healthy, active lifestyles and bring a sense of fun and vitality to Tracy. And whereas the City of Tracy's public swimming pool, open green spaces, and recreational facilities ensure that residents have access to opportunities for exercise, relaxation, and play in a safe and welcoming environment. And whereas the Joe Wilson Community Pool provides a crucial summer destination for aquatic safety, youth swim lessons, and family recreation, ensuring residents have an essential space to beat the heat, exercise, and gather. And whereas the department demonstrates an unwavering commitment to community care through specialized spaces and targeted initiatives, including invaluable senior programming and nutritional meal services at the Lolly Hanson Senior Center, as well as dedicated youth and teen opportunities. And whereas our local park system strengthens Tracy environmental health, providing urban green spaces that support conservation, foster civic pride, and build a more sustainable and resilient environment for future generations. And whereas the National Recreation and Park Association and the U.S. House of Representatives recognized July as National Parks and Recreation Month, highlighting the transformative power of local parks and dedicated recreation staff in building strong communities. NOW, THEREFORE, BE IT RESOLVED THAT I, DAN AREOLA, MAYOR OF THE CITY OF TRACY, ON BEHALF OF THE CITY COUNCIL, DO HEREBY PROCLAIM JULY 2026 AS PARKS AND RECREATION MONTH IN TRACY AND URGE OUR VOLUNTEERS AND RESIDENTS TO MAKE A POSITIVE DIFFERENCE IN OUR COMMUNITY. THANK YOU.

GOOD EVENING. THANK YOU, MR. MAYOR, COUNCIL MEMBERS. ON BEHALF OF THE PARKS AND COMMUNITY SERVICES COMMISSION, I AM PROUD TO ACCEPT THIS PROCLAMATION. PARKS MAKES LIVES BETTER. THAT'S SOMETHING WE SEE EVERY DAY IN THE CITY OF TRACY. PARKS ARE WHAT MAKES TRACY SPECIAL. IT'S WHERE YOU TAKE YOUR CHILDREN FOR THEIR FIRST SWINGS AT THE BAT, THEIR FIRST KICK OF THE BALL, WHEN THEY'RE ON THE PLAYGROUND, WHERE FAMILIES GATHER. where neighbors celebrate together, where residents of all ages, races, genders come together for active, healthy, connected lifestyles. Our parks, our trails, our sports fields, recreation programs, community events, they all contribute to what makes Tracy special. I WOULD LIKE TO RECOGNIZE FIRST OUR CITY OF TRACY STAFF. THEY REALLY DO A GREAT JOB FOR THE PARKS. SO THANK THEM FOR ALL OF THE AMENITIES THAT YOU GUYS ENJOY. BUT ALSO THE STAFF, THE VOLUNTEERS, THE YOUNG EMPLOYEES HERE THAT ARE ACTIVELY ENGAGING WITH THE YOUTH TO MAKE THIS A SPECIAL PLACE. I WANT TO EMBARRASS TWO OF THEM SPECIFICALLY. BRIANA AND JILLIAN WHO ARE FORMER TRACY HIGH WATER POLO PLAYERS. I HAD THE PRIVILEGE OF COACHING THEM. And I just want to embarrass them and call them out. So as we celebrate Parks and Rec Month, I encourage everyone to get outside, to explore our parks, participate in the program, register for a class, go out, swim in the pool. In a few years, you're going to have the opportunity to swim in our brand new aquatic center. I could not go without saying that. So thank you. Thank you for the proclamation. I appreciate it.

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

If I could get you all to squeeze in, if I could bring some people in the front, like here, I don't want you guys to be blocked like that. Can we nail? One more round of applause. Thank you.

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

Thank you.

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?

Yes, so this is subject to Rosenberg's rules, which this council abides by. It is a rare motion, but it is a motion that is not a debate motion, and it does require a four-fifths approval tonight to do that, and it would take the item off the agenda for this evening. Okay, and then can you clarify if the motion fails, what happens? It would go to as regularly scheduled.

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.

Mayor Pro Tem Abercrombie.

Yes.

Council Member Evans.

Yes.

Council Member Bedoya.

Yes.

Council Member Nygaard. Yes. Mayor Areola.

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.

CONSISTENT WITH COUNCIL DIRECTION FROM THE LAST MEETING THAT ADDRESSED THAT ITEM, YES.

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?

Mayor, staff has no 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?

3C.

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?

No, Mayor. No hands on line.

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.

Mayor Pro Tem Abercrombie.

Yes.

Councilmember Evans.

Yes.

Councilmember Bedoya.

Yes.

Councilmember Nygaard. Yes. And Mayor Areola.

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

GOOD EVENING, COUNCIL. I'M AL GALLE, ASSOCIATE ENGINEER, CEDDED. THIS COUNCIL ITEM IS FOR AN INDUSTRIAL DEVELOPMENT ON THE WEST SIDE OF CARL HOLLOW ROAD SOUTH OF THE DELTA MEDOTA CANAL. THE DEVELOPER IS RICHLINE PROPERTY GROUP. IT'S DEVELOPMENT IS WITHIN THE TRACY HILLS SPECIFIC PLAN AND IT'S CALLED THE TRACY HILLS COMMERCE CENTER. THE PURPOSE OF THIS COUNCIL ITEM IS THE APPROVAL OF A SUBDIVISION IMPROVEMENT AGREEMENT AND THE FINAL MAP FOR TRACK 4113. The agreement would guarantee the construction of required public improvements, such as a widened car hauler road and a new interior public street. The final map will create legal lots of record for industrial lease and sale. This concludes my summary of the project, and I'm available to answer any questions.

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?

YEAH, SO WHEN A PROJECT WAS APPROVED, IS APPROVED BY CITY COUNCIL, AND THERE'S NO MORE DISCRETIONARY REVIEW AS THIS PROJECT WAS ON JULY 1, 2025, THE TIME PERIOD TO CHALLENGE IT IS BASED ON WHETHER OR NOT A NOTICE OF DECISION IS FILED. IN THIS CASE IT WAS. SO YOU'D HAVE 30 DAYS FROM THAT AND THEREFORE THE EXPLORATION TO MAKE A SEQUENT CHALLENGE VIS-A-VIS THIS PROJECT WOULD HAVE BEEN IN AUGUST OF 2025. IF THERE WAS NO NOTICE OF DECISION FILED, IT WOULD HAVE BEEN 180 DAY STATUTE OF LIMITATIONS PERIOD. but there was one, but that would have also had expired as well since it's been a year since the project approval. So at this point, you know, CEQA challenges, unless there's any significant changes to the project, for instance, that the applicant was coming to make expansions go beyond, you know, any other conditions of approval that would open it up for any type of discretionary review by the council, the deadline, if you will, to file a CEQA challenge has since expired.

Great.

Thank you very much.

Thank you.

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?

Yes, Mayor. I have two speaker cards.

We'll start with those, please.

First speaker is David Correa.

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.

Okay.

Good evening, Mayor and City Council. My name is David Corrigan, and I'm a proud sheet metal worker I'M BORN AND RAISED HERE IN TRACY AND I'M HERE TONIGHT BECAUSE I CONTINUE TO SUPPORT THE TRACY CITY HILLS PROJECT AND THE OPPORTUNITIES IT REPRESENTS FOR OUR COMMUNITY. RESPONSIBLE GROWTH CREATES GOOD LOCAL JOBS, STRENGTHENS OUR ECONOMY AND EXPANDS OUR TAX BASE WHILE PROVIDING THE SERVICES AND BUSINESSES OUR RESIDENTS RELY ON. I PROUDLY SUPPORT THIS PROJECT MOVING TO THE NEXT STEP AND THANK YOU FOR YOUR TIME. THANK YOU FOR SUPPORTING OUR LOCAL WORKERS.

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

Our next speaker is Liz Sutton.

Good evening, counsel. My name is Liz Sutton.

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

Yes. Is that better?

Yes, thank you.

I'm here representing sheet metal workers. I'm the business rep for San Joaquin County and also here representing working families that live here in Tracy and also those families working with the electricians, plumbers, pipe fitters, sprinkler fitters, and iron workers. On July 1st, the city council voted to approve this project and bring good union-paying jobs to the city of Tracy. I'M HOPING THAT WE COULD KEEP MOVING FORWARD WITH THIS, AND THIS PROJECT WILL BE BUILT WITH MODERN BUILDING CODES AND HIGH STANDARDS BECAUSE OF USING UNION LABORS. AND I JUST WANT TO THANK THE COUNCIL FOR VOTING FOR THIS PROJECT. THANK YOU.

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

NEW SPEAKER MAYOR, WE HAVE NO MORE SPEAKER CARDS.

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?

I'm here representing an abused Tracy citizen. I've sent counsel a plethora of unresolved issues I've had with particularly the transportation department.

Mr. Healy, I hate to stop you. Is this for item 3B or is this for items from the audience?

I thought this is public comment.

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?

No, Mayor. No hands online.

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.

Mayor Pro Tem Abercrombie.

Yes.

Council Member Nygaard. Yes. Council Member Bedoya.

Yes.

Council Member Evans.

No.

Mayor Areola.

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.

good evening again council um al galley ced dd this council item is for a residential development on the east side of lammer's road just north of the red bridge residential development the home builder is shea homes the purpose of this approval is to approve an agreement and bonds as well as file a small lot final map the end result will allow future home buyers to buy homes This concludes my brief summary of the project, and I'm available to answer any questions.

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?

No, Mayor, no speaker cards.

There's a lot of information on here, so hopefully I could cover it in four minutes. Back in 2025, it went to Planning Commission. At that time, the Planning Commissioners, I was on that commission. We had a lot of questions, especially if you know since 2016, the traffic impact. As you know, as council members, we approved so many development down there, and now with Tracy High, I mean Tracy Hills and Alice continued growing, and many of those students and children go to Kimball, which is a lot of traffic congestion. At that time, planning said, well, you know, we'll address that later. We want to do an extension on the map because their extension was expired. And they were supposed to come back with some more environmental information. Well, Unfortunately, Ebbs isn't here. Forrest Ebbs, the director at that time, pulled a fast one on us. There was a director meeting upstairs back in August of 2025, which is not on your agenda. This is a lot of information, a lot of dates. that he took it upon himself, which he said because he's a director, went ahead, and this applicant is a new applicant. It's no longer, I think it was Stringer, Scott Stringer, Bates Stringer Company. Very good developer here in Tracy. Long story short, back in September 16, 2025, Offsite engineer did some approvals on that, which we never saw. And then it goes back to October 2025, the subdivision application for the city, the final map. Well, the extension was just for the map. Any changes or improvements, which since then we did a lot of development. One of the sewer lines, they can no longer use that direction. I know they're going to say it doesn't have to go back to planning. It really does need to go to planning because there's a lot of unanswered questions. There's some things that are being done here, especially the ingress to Rocking Horse, the two partial, I mean two, I'm sorry. There's so much on here. The two phases, that was not part of the original thing. So when we do approvals and planning commissions, there's a lot of conditions that had to be approved. Well, it looks like it just went through the engineer. It did not go to planning commission. And there's also some other changes on here. And they forgot to put the dates on your report. So I don't understand why we're doing this because on October 22nd, it says it went to the city for the lot final map. But then you go again and you're talking about they just did it March 16th of 2026. So there's still additional changes that I haven't seen that you haven't seen. So I'd like to table this. So as council, we have to approve and do the right thing for our environment, our streets. The increase to rocking horse is one way in and one way out. Now with the commute, we have to adjust that map. And I know a lot of the commissions were disappointed in that. So I asked you to table this until, so you're going to make a good decision going forward. Only the map was approved. No changes or anything supposed to be added to that. But the engineering reports keep going and adding or changing things on here. I would like for you guys to review that and go back to Planning Commission for further review. Thank you. There's more, but like I said, there's a big timeline. There's some information that was not provided to Council prior to coming here. Thank you.

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

Thank you, Mayor. My name is David Best. I represent Shea Homes. We're the developer and the applicant here. This project has gone through multiple approvals, the most recent of which was a development design review approval that happened three or four months ago. Actually, a little bit longer ago than that. But we've been through all the appropriate approvals, all the appropriate steps associated with THE PROJECT AS IT'S CURRENTLY DESIGNED. THOSE HAVE ALL BEEN APPROVED AS IS THROUGH THE TRACY'S NORMAL PROCESSES. SO WHAT'S BEFORE YOU TODAY IS SIMPLY A SUBDIVISION IMPROVEMENT AGREEMENT THAT ALLOWS US TO MOVE FORWARD WITH INSTALLING INFRASTRUCTURE ON THE PROJECT AS IT'S CURRENTLY DESIGNED AND AS IT'S CURRENTLY APPROVED. AND I'M HERE FOR ANY QUESTIONS IF YOU HAVE.

NEW SPEAKER THANK YOU, MR. BEST. ANY ADDITIONAL SPEAKERS ON THIS ITEM? Seeing none, do we have any online?

No, Mayor, no hands raised.

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, Mayor and Council. Daniella Green, Assistant City Attorney. It does, and it actually falls under the same approval that we were just talking about with item 3B pursuant to CEQA guidelines 15162. There's no additional discretionary entitlements that are being sought tonight by the approval of the subdivision improvement agreement. There was also a different tract that came before Council talked to Al Galli, Associate Engineer. That was tract 3855. The tract before you tonight is 4008, so it was two different items, even though it was the same development. So this one is only approving the subdivision map for track 4008. And their subdivision improvement agreement, which would allow the developer to do the improvements that they were already conditioned to do, and the conditions were approved by a planning commission when the entitlement originally went. So the conditions have already been approved. This is the agreement by which we effectuate those improvements. It has the bonding requirements in there that protect THE CITY IF THE IMPROVEMENTS ARE NOT DONE TO CODE WITHIN A YEAR, AND IT ALLOWS THE CITY ALSO TO GO AFTER THE BONDS OF THE DEVELOPER IF THE WORK DOESN'T GET DONE IN TIME. SO IT'S REALLY WHAT THE SUBDIVISION IMPROVEMENT AGREEMENT DOES.

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?

That's correct.

Okay. The only thing that does appear to have changed is a phased approach, which is two phases now instead of one.

That is also correct, and staff actually needs to offer a correction. In fact, the approval for you is actually the subdivision improvement agreement only, and that it's only the end of bond itself, end of bond. So it will be allowing the construction of public improvements to end track public improvements for track 4008. The final map will be in approval in the future.

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?

That's correct, sir. Okay. Thanks.

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.

Mayor Pro Tem Abercrombie.

Yes.

Council Member Evans.

Yes.

Council Member Bedoya.

Yes.

Council Member Nygaard. Yes. Mayor Areola.

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.

Sorry. Good evening, Mayor and Council Members, Ed Lovell, Transit Manager with the Public Works Department. Tonight we are looking to have the approval of a contract for the installation of a backup generator for the Tracy Transit Station. Back in 2023, the City contracted with the KPA Group to evaluate and LOOK AT POTENTIAL GENERATOR OPTIONS FOR THE TRANSIT STATION, AND WE LOOKED AT A NUMBER OF OPTIONS, DIESEL, SOLAR, NATURAL GAS, AND BY FUELING OPTIONS. AND IT WAS DETERMINED IN THAT ANALYSIS THAT A DIESEL GENERATOR WOULD BE THE MOST ECONOMICAL DECISION GIVEN THAT THE ESTIMATED COST FOR A SOLAR BATTERY BACKUP GENERATOR WOULD BE APPROXIMATELY THREE TIMES AS MUCH COST AS diesel generator in the initial install and over the 25-year life of the system it would be twice as much for a battery and solar backup generator versus a diesel system. And so with that, staff recommended to move forward with a diesel option given the economical advantages of that. The backup generator would be used primarily for emergency situations in the summer and or the winter when the power goes out in order to keep operations going. And given that it would only be running for a few hours throughout the given year, we estimated that it would be better to go with a diesel generator than a solar and battery backup. So tonight we're asking that the council APPROPRIATE SOME ADDITIONAL FUNDS THAT ARE NEEDED WITHIN AN EXISTING CIP NOW THAT WE HAVE THE BIDS IN. AN ADDITIONAL $736,000 FROM THE TRANSPORTATION DEVELOPMENT ACT FUNDS AND $314,000 FROM SENATE BILL ONE STATE OF GOOD REPAIR PROGRAM. AWARD THE CONSTRUCTION CONTRACT FOR $1,675,535 TO G.C.J. INCORPORATED OF TRACY. AUTHORIZE THE CITY MANAGER TO APPROVE THE CHANGE ORDERS and authorize an overall not to exceed project budget for $2,095,067, and grant the authority of the city manager to execute the permits in the agreement. And I'll take any questions if you have them.

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?

Yes, I did speak with our public works director and there is going to be a report that's being brought back to council in August to talk about the citywide energy upgrade program.

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

The transit station is not included as part of that. It's the other city facilities, the city hall, the Boyd Service Center, the water treatment plant, the wastewater treatment plant, I believe are the main facilities.

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?

THE SOLAR OPTION WITH THE BATTERY STORAGE WAS ONE OF THE OPTIONS THAT WAS EVALUATED, BUT IT WAS ONLY EVALUATED IN THE PURPOSE OF USING IT FOR BACKUP ENERGY, NOT FOR POWERING THE ENTIRE FACILITY.

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?

Yes, that would be one of the outcomes.

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.

Can I ask another question, sir?

Mayor Britton.

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

I would need to check with our engineering team to see how long the bids are good for. We did do a bid opening, and bids are typically held for a certain period of time. I'm not quite sure at this time what that period is, but I could find out.

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

Pausing it a month won't have a significant impact. Construction on this isn't anticipated to start until August anyway if this was approved tonight, and it wouldn't be up and running for about a year.

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

If you give me two seconds, I can run in and ask how long the bids are being held for.

Good evening. Anush Najjar, Director of Public Works. The bids are good for 30 days. In August, we're coming back to give you an update on the energy program. But that project would not look at solar system on every building.

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?

Mayor and council, I just want to be clear that the audit is not the subject for you all this evening. We could revisit this during council consensus if you'd like to do that. The question tonight, I guess, is on the item before you, whether or not you wish to approve it this evening and or continue the item out to the August 18th meeting. ANUSH, SORRY, TO GET CLARIFICATION, WOULD THE BID THEN, IF WE WAITED UNTIL AUGUST 18th TO CONSIDER THIS ITEM, WOULD THE BID EXPIRE? YES. OKAY.

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

SO THE INTENT IS TO HAVE A BACKUP POWER IN CASE OF ENERGY LOSS. SO IT IS THE TRANSIT CENTER IS A COOLING CENTER. So if the power goes out, this will allow us to run the building and be able to have the power to be able to operate it.

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

Right. Well, once the project is completed, then it would be available as a backup, yes. Okay. All right. Any additional questions from council?

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

Excuse me, can you repeat that question?

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

I believe the transit center is the only one that we have, which is a city-owned facility.

We don't use the community center anymore?

I have to double-check that.

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.

Yes, there are a number of them.

Mayor, members of the council, Arturo Sanchez, assistant city manager, the council member is correct. We currently utilize the shelter, the library, the transit center, city hall, And just rattling them off the top of my head, those are the current cooling centers as well as warming centers when they are necessary.

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?

First of all, I'm not quite sure City Hall is an official cooling center. But most importantly, because I have addressed this issue, is there are no cooling centers of the City of Tracy on Sunday. For reasons unbeknownst to me or anybody, the transportation department does not open up the transit center on Sunday, even though they're offering on-demand bus service. So, and I live downtown. I have poor ventilation in my apartment, but I can't go into there on Sunday. This last Sunday, there was an unhoused person outside. It was only 83 degrees, but they had some humidity and all that. But I'm saying, I've had made a suggestion, and I hope you will open to that, that when they do get this generator, that they actually utilize it on Sunday. The warming center, or excuse me, the cooling center should be a seven-day-a-week option. Thank you, Mr. Healy.

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

There we go. Thank you. I just wanted to agree with Ms. Nygaard. I believe when we start spending millions of dollars, which this is going to be over $2 million, then we need to start looking at long-term saving energy. And what Ms. Nygaard was trying to say, or at least what I heard, was she was looking at putting solar up there so that it was saving money all year round, not just when we need a backup. So if we're going to spend $2 million, why don't we put that towards something that would save us money year-round? That's my comment. Thank you.

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

I have no mayor, sorry, mayor, no hands raised 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.

Thank you. Any additional questions? Comment? So I just want to clarify that it's a motion to continue the item to a date to bring back on August 18th, 2026. Is that?

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.

Mayor, members of the council, I believe Director Anoush has said this already, but we would NEED TO REBID THE PROJECT IF IT WERE TO BE DELAYED, AND THAT COULD INCREASE THE COST IF WE DECIDED TO MAINTAIN THE CURVE.

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

WELL, THIS ITEM REALLY IS NOT ABOUT THE ENERGY AUDIT, BUT I WANT TO GIVE YOU A BRIEF OVERVIEW FOR THE MEETING THAT IS COMING UP. WE'RE GOING TO HAVE A SUMMARY OF WHAT WE'RE PLANNING TO DO. which is to do an investment grade audit for all of the city facility to reduce the energy cost. The major component of that project will be about solar arrays at water and wastewater treatment plants where we can reduce significantly reduced energy consumption. We really cannot do that at the transit center. So that will be a part of that investment grade audit that most likely will take about six months.

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?

Yes. It would include all of the equipment inside the Transit Center, including HVAC and others, that potentially can be upgraded with this energy program.

If I may, Director, Are we saying that the energy audit will look to replace appliances but not necessarily add solar infrastructure? The audit will look to add solar infrastructure to the wastewater and water treatment facilities, and that is the distinction you are making?

Yes, correct.

So if I may, to the council and the mayor, Just to reiterate, the distinction he is making is the audit will look to add solar arrays to wastewater and water, but look to replace the major appliances within all facilities to make them energy efficient appliances the way you would a home.

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.

That could be added to that project. But most likely that would be about six months to a year from now.

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

Councilmember Bedoya, what you could do is, like you suggested, is if council wills, it can pass this item and during council consensus later give direction to staff to look at the possibility of adding solar to the transit center as well, vis-a-vis through the audit or any other means.

Okay.

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?

Adding solar would reduce the energy use. However, it's not going to mitigate fully the backup situation that we're trying to design and implement here.

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?

It could be. It has to be designed. It has to be looked at, designed. However, there would be an additional cost if we want to go that direction.

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?

AS STATED EARLIER, WHEN WE DID THE ANALYSIS ON THIS, IT WAS ONLY FOR THE PURPOSE OF EMERGENCY BACKUP POWER, NOT TO POWER THE ENTIRE FACILITY. AND SO THE ANALYSIS AT THE TIME, BACK IN 2023 WHEN THIS WAS DONE, ESTIMATED THE COST OF SOLAR BEING THREE TIMES THAT OF WHAT THE DIESEL GENERATOR WOULD BE.

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.

So the long-term analysis was done primarily on the maintenance costs of a backup generator system. Since we weren't looking at converting the entire facility over to solar power, we did not look at what would be the overall long-term cost savings of converting and seeing if there was even enough space to put solar to power the entire facility at that location.

Could we?

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.

I'll make a motion to approve 3L.

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

Mayor Pro Tem Abercrombie?

Yes.

Councilmember Evans?

Yes.

Councilmember Bedoya?

Yes.

Councilmember Nygaard? No. Mayor Areola?

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.

Good evening. Veronica Child with the Development Engineering Department. This item is authorizing a fee credit and reconciliation agreement with Prologis that reconciles outstanding development impact fee credits associated with infrastructure improvements they've constructed. This will increase their total credits from approximately $68 million to $89 million. That concludes my brief summary. I'm happy to answer any questions you may have.

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

The substantial change in numbers is due to a number of factors. Unfortunately, many of these fee credits were put into agreements prior to current staff being here. From what I could tell, it seems that they were just some administrative errors, some there were changes maybe in the field that took place, so something was built slightly differently than what they were intending to build when they first entered into the agreements. So there may be kind of a number of things. In addition, it looks like some of the amounts that were put into these fee credit agreements were estimates as opposed to actual numbers that were fully calculated based on, for example, a linear feed of something that may have been built.

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

Absolutely. We've discussed this at length with the developer as well and let them know that there wouldn't be any additional research into these numbers. We're agreed upon and this is the maximum they could receive for what they're building.

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, Council. Staff answered some of my questions, but just to go on record, I know that we're giving fee credits and the way our water rates are going up goes back to what I said in the beginning. The warehouses, industrial, have not been paying the fair share. They haven't. It's been proven. And now we're giving credit. We're giving, what, $24 million credit to for the water distribution. Okay, so I could recycle water, waste water, but $15 million for water distribution. How that came to an agreement, I don't know. I know that some of you guys weren't here, but for me that's disheartening because this is just one of many. And even though the way the water rate was done and the fees for their water usage. Maybe they brought it up, but they've never paid their fair share until recently when that was done. But for the flat rate, they're actually getting credit for the next five years. Because the way that we paid these consultants, they craft it that way. And that was one of the things I was trying to explain to you, how they said it and how the consultant that we paid for Many of our consultants were throwing our money down the drain. They're giving instructions. They craft things to make it, oh, potentially, they use the word potential, or this might happen. You know, if there's still $2 million out there that's not accountable for, I know somebody's researching that. I heard that it's pretty close to $100 million of a water fund that wasn't used. But I think that $15 million... plus the recycled water and wastewater, $24 million credit fee. So it's just, and I still don't think they've paid a fair share to the state. Thank you. That's all I just wanted to say.

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

No, Mayor, no hands raised.

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 get my hands on like I'm a construction guy so I like drawings I like to see you know actual diagrams and things like what are we talking about here

Sorry about that. Yeah. We do have all of the plan sets on file for all of these improvements that have been approved by our city engineer. In addition, specifically for two of the categories in Exhibits B and Exhibit C to the agreement, you'll have kind of a breakdown of each item, the unit cost, the linear feet, all of that to give you a really good detailed estimate and how we came up with those numbers.

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

It is part of the attachment to the staff report, and it's an exhibit to that agreement. So it's page 12 and 13 of the agreement itself.

Is there a table number, Ms. Child?

If we go into the agreement itself, there are some tables listed, but these don't really have a table number. It's just Exhibit B. So that's work completed pursuant to inspection and improvement agreements.

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.

No, you're correct. And we didn't include any drawings in this staff report. It would have been multiple sets of plans. It would be a lot of pages. It would be a lot of plan sets, really big sheets. We, again, have them all in file for anyone who would like to see them.

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 don't think there's any harm in waiting 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.

Mayor Sanchez, assistant city manager, through the chair to Council of Revenants, we would rather that council feel comfortable with what staff is recommending if bringing back plan sets and providing the detailed information would make council feel more comfortable with what they are approving. Certainly, we are happy to provide that detailed information. This is all related to infrastructure that the developer Prologis has built out in the Cordis specific plan area. This is all infrastructure that eventually will become part of the city related to, I pressed the button while I was speaking, related to improvements that will be dedicated eventually over to the city. So we're happy to provide the details. It will be a very big packet of information, so it will not cause harm to the city. I think the developer was hoping to be able to access the credits sooner rather than later. We'd have to come back in August with the detailed information.

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.

I'll second.

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

Mayor Pro Tem Abercrombie.

Yes.

Council Member Nygaard. Yes. Council Member Bedoya.

Yes.

Council Member Evans.

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 MAYOR ARIELLA.

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.

Good evening, Council. Elva Esquivel, Assistant City Clerk. The City Clerk's Office brought this item forward as consistent with our policies and procedures for second readings of ordinances, but we would like to defer to the staff that originally brought this item forth.

Good evening, Mayor, council members, and everyone tonight. Thank you for the opportunity to speak. My name is Dan Garcia, and I am a lieutenant with the Bureau of Special Operations at the Tracy Police Department. I'm here to propose that the City Council consider adopting a new ordinance, Chapter 3.60, Parking of Oversized Vehicles and Trailers, to the Tracy Municipal Code. This ordinance is a result of careful analysis, which included reviewing ordinances from other cities and gathering community input. It addresses a growing concern in our city, the unregulated parking of oversized vehicles and trailers on our public streets. The key concerns this ordinance aims to address include enhancing public safety. The ordinance is designed to improve roadway visibility and reduce safety risks for both pedestrians and motorists by limiting the duration and location where oversized vehicles and trailers may be parked. Protecting public health, it aims to prevent the improper disposal of waste from these vehicles into our city storms and sanitary sewer systems, thereby safeguarding our environment and community health. Improving quality of life by regulating parking, we enhance the appearance of accessibility of our neighborhoods and public spaces. To ensure the clarity and fairness of this enforcement, the ordinance provides a precise definition. An oversized vehicle is defined as any motor vehicle that exceeds eight feet in height, seven and a half feet in width, or 22 feet in length. This definition includes large recreational vehicles, buses, and certain trucks that can obstruct visibility and create hazards for other road users. A trailer is broadly defined to include any camping trailer, camper, fifth-wheel travel trailer, house car, mobile home, or trailer coach as specified in the California Vehicle Code. It also encompasses any recreational vehicles as defined in the Health and Safety Code. These definitions ensure that all types of large towable vehicles are covered under the ordinance, preventing loopholes and ensuring comprehensive regulation. The provisions of the ordinance include parking restrictions, which is oversized vehicles and trailers may not be parked in public streets, alleys, or city lots for more than 72 consecutive hours. After the 72 hours, the vehicle must be moved at least 1,000 feet and cannot return to the same location for at least 24 hours. The ordinance provides exemptions for emergencies, official government vehicles or utility business vehicles, active loading and unloading, service vehicles, wheelchair accessible vans, and special events, among others. Enforcement ensures it includes citation, towing, and escalated administrative penalties to repeat violations with a clear right to appeal. This action is exempt from the California Environmental Quality Act as it does not result in any physical changes to the environment. Additionally, there is no physical impact as enforcement will be managed with the existing city budget. This ordinance directly supports our strategic priority of public safety by providing a balanced approach that considers both community needs and practical realities for residences and businesses. If approved by the City Council, the Police Department will conduct a 30-day educational campaign about the new ordinance through its website and social media before commencing enforcement. Tonight, I respectfully request the adoption of the new ordinance enacting Chapter 3.60, Parking Oversized Vehicles and Trailers, to Title III of the Tracy Municipal Code. Thank you for your time, and I'm happy to answer any questions.

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?

Yeah, so for a permit, it would be a different process. For that, that's why we're giving the individual 72 hours and making sure that we do that educational component first.

Okay. Thank you.

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?

No.

Okay. All right. With that, we'll go out for public comment. Do we have any speaker cards?

No, Mayor, no 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?

Yeah. Thank you, council.

Good evening. You guys know who I am, Paris. I emailed you guys all on this topic. Glad to see that it was passed unanimously, unanimous, the first time it went around.

Can you hold the microphone a little closer?

A little bit closer? Thank you. Sorry. And also, I'm a little bit tired, so I apologize if I'm obviously not up to par with everyone else right now. My only issues are this, is that the 72-hour rule and the 1,000-foot movement approach. So I just made some points that I just wanted to make clear. And I do, Donnie, like what you just mentioned right now in regards to having a permit. I think that's a great idea. Other ordinances in other cities actually adopt that as a part of it. So if we didn't and we wanted to go back to the drawing board and just add that, that could be a component that we could. And I think it's a great idea because that would provide an avenue to say, OK, we're a family-friendly community. I get that. The problem that I have is that an individual can bring in an RV anywhere, park it for 72 hours, move it 1,000 feet, wait, and bring it right back, and just continuously do this. Those trailers, RVs, oversized vehicles never leave the street, though. they're going to remain on the street. That's a problem. If the ordinance is to remove these or inhibit their behavior to say, hey, we need to put it on private property, or you guys got to make sure that this is a safe avenue for a residence, when we're talking about all the things that were mentioned in the staff report, ADOPTING A MORE RESTRICTIVE ORDINANCE MODEL AFTER NEARBY COMMUNITIES SUCH AS, LIKE, MOUNTAINHOUSE AND MANTIKA, WHICH I PROVIDED YOU GUYS THOSE ORDINANCES, AND THEY'RE WORKING WELL FOR THOSE COMMUNITIES. A 72-HOUR MODEL DOES NOT SOLVE THE PROBLEM. IT SIMPLY ALLOWS OVERSIZED VEHICLES TO MOVE FROM ONE BLOCK, AS I MENTIONED, TO ANOTHER, SHIFTING THE BURDEN FROM ONE RESIDENT TO THE NEXT. MAINLY, IT'S BASICALLY JUST MOVING THE PROBLEM. YOU'RE NOT REALLY DEALING WITH THE PROBLEM. THE OTHER SIDE OF IT IS THAT, YOU KNOW, IT'S EVEN WEAKER IN PRACTICE BECAUSE THE 72-HOUR CLOCK DOESN'T START UNTIL CODE ENFORCEMENT ACTUALLY FIRST APPEARS ON THE SCENE, NOT WHEN IT'S INITIALLY REPORTED. WE KNOW THAT WE DON'T HAVE CODE ENFORCEMENT ON THE WEEKENDS. THIS MEANS THAT THOSE RVs REALLY HAVE A LONGER MAYBE ONE TO TWO WEEKS THAT THEY MIGHT BE OUT THERE DEPENDING ON STAFFING AND NEEDS, AND THEN WHEN THEY GET THERE, THEY MIGHT MOVE IT AND THEY'LL BE OUT THERE FOR ANOTHER WEEK TO TWO WEEKS, WHICH WHY A PERMIT SYSTEM WOULD ACTUALLY BE GREAT. I'M JUST TRYING TO ASK WHY CAN'T WE JUST DO SOMETHING LIKE MOUNTAIN HOUSE AND MANTIKA DO? WHY ARE WE TRYING TO DO SOMETHING WITH A THOUSAND-FOOT RULE IN THE 72 HOURS? WE DON'T HAVE THE STAFFING. WHY CAN'T WE JUST MODEL IT AFTER SOMETHING THAT'S ALREADY PROVEN AND IT'S WORKING FOR OTHER COMMUNITIES? WE JUST WANT TO PRESERVE OUR COMMUNITIES. I JUST DON'T WANT TO SEE ALL THESE VEHICLES JUST SITTING OUT ON THE STREET. IT DOESN'T REALLY RESOLVE THE PROBLEM. THE LIEUTENANT AND THE CITY ATTORNEY'S OFFICE MENTIONED THAT THIS WAS KIND OF BROUGHTEN FORTH BY COMMUNITIES LIKE FREEMONT, POSSIBLY STOCKTON, THAT HAVE THESE TYPE OF ORDINANCES. NOW, REMEMBER, THIS IS NOT A STRICT RULE. OUR PD EDUCATES PEOPLE FIRST, THOUGH. SO IT'S NOT LIKE IF WE HAD A MORE RESTRICTIVE ORDINANCE THAT IT WOULDN'T MEAN IT WOULD BE LIKE, HEY, YOU GOT TO MOVE NOW. THEY WOULD STILL BE GIVEN AN OPPORTUNITY TO EDUCATE THEM. WE'RE STILL GOING TO MAKE SURE THAT, HEY, IF YOU'RE GOING TO HAVE YOUR COMMUNITY, MAYBE YOU CAN EDUCATE THEM ABOUT A PASS THAT YOU CAN HAVE. I'm just hoping that we can close this other loophole of the individual that's just going to be bouncing around the community. And they might not even be residents. So you might have RVs and trailers in the community just kind of migrating around because no other community allows that. But Tracy will. So I don't know what that looks like in our single family residency homes. What does that look like outside our apartment communities? You name it. I don't think people are really wanting that. JUST WANTING A STRONGER FRAMEWORK, LIKE I SAID, SOMETHING LIKE MOUNTAIN HOUSE WOULD BE GREAT. I MET WITH A LOT OF PEOPLE IN YOUR STAFF, HAD SOME DEBATES ABOUT THIS, SO IT'S REALLY UP TO YOU GUYS ABOUT THE FINAL DECISION ON THIS. THANKS. NEW SPEAKER NEXT SPEAKER.

NEW SPEAKER SO WHAT IS THE IMPETUS OF THIS ORDINANCE? IS THIS COMING FROM THE PUBLIC AND FEEDING THROUGH THE POLICE? Can anybody answer? Can I ask questions?

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.

So, I want to know, what is the impetus? And is it downtown only? My next question is, listening to this man's talk and listening to what he said, he's talking about safety, but he's talking about how it looks. So, my question is, is this targeting the unhoused, or is it actually a safety issue? And then my last thing, I agree with him 100%. It's the stupidest thing I ever heard. You go one place for 72 hours, you move for 24, you come back to the same place, and you only go 1,000 feet. So what exactly are you doing? If it's a safety issue, you're moving one safety hazard to another safety hazard? I don't understand. So if you can explain that, because I agree with the man. The way it's written is absolutely, utterly boggling to me.

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

No hands raised online, Mayor.

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?

YES SO THIS IS A CITYWIDE ORDINANCE IT WOULDN'T BE A SPECIFIC DOWNTOWN AREA OR ANYTHING LIKE THAT SO IT COVERS THE WHOLE CITY THE NEXT QUESTION IS HOW THIS CAME UP IT'S BECAUSE OF THE COMMUNITY AND ALSO THE ISSUES THAT WE'VE NEVER HAD ANYTHING FOR TRAILERS OR OVERSIZED VEHICLES In our books. So this gives us an extra piece to to enforce because right now all we have is 72 hours. So this gives us an extra to educate and to make sure that people are reasonably moving their vehicles when needed. And then the third piece was the evaluation of other cities. Yes. So when we looked at it, we looked at different cities, what their ordinances were. And when we looked at it, the standard is 72 hours for most cities. There are some that are stricter, worth four hours to 24 hours. But we were looking at what is balanced for our city, what is a good model for our city. And so that's how we came up with that time and giving it a distance as well, because we want to make sure they're also accessible to the individuals that want to get their vehicle.

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?

Yeah, so the extra piece to this, what happens is they do get moved to 1,000 feet, but they're not supposed to come back in those 24 hours. They're supposed to move to another area. So that is one of the pieces to this, is to make sure that they're not returning to the same place, which we didn't have before with the regular 72-hour ordinance that we have in place now.

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...?

Yeah, so that gives us the options. We have the option to tow. We have the option to educate. We have the option to cite. And we also have an option to, if it's an offender that keeps doing this, cease and desist.

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?

WE WILL ANALYZE HOW IT'S WORKING, YES. BECAUSE OUR GOAL FIRST IS A 30-DAY EDUCATION PIECE TO MAKE SURE THAT RESIDENTS KNOW AND THEN START ENFORCING THAT. BUT IN THAT PIECE, WE WOULD START MAKING SURE THAT RESIDENTS KNOW WHAT TO DO.

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?

That is correct.

Thank you.

Any additional?

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 have no minimum distance. Are they... expecting the vehicle to move out of the city at that point or onto private property? Is it one or the other? Or if somebody picks up and moves in one of those cities, and I know I'm asking you a question about other cities, but do we think that somebody moves 100 feet that they're okay and they can stay there and then move again? Is that how their ordinances are built?

So I could speak for other cities, right? But the goal is for us would be that we are just giving them an opportunity to make sure that they're not having it in one place as a storage area. That's our ultimate goal. Some cities are strict and they don't have any, no exception for any trailers on streets, but I don't think that's a fair balance for our city. So we thought that the 72-hour and moving it to a certain location where a resident still has access to it, especially if they've gone to vacation or something were to happen in an emergency, it's still in their area so they could move it.

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 done with this, but I think this is a good start.

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.

Make a motion to approve 3W.

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

Mayor Pro Tem Abercrombie?

Yes.

Councilmember Evans? Yes. Councilmember Bedoya?

Yes.

Councilmember Nygaard? Yes. Mayor Areola?

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?

No hands online, Mayor.

OK. With that, it'll be four minutes. Whoever would like to start.

Mine's real quick. I think Chief came back. Chief Middleton was here. And I want to thank the police department. A couple weeks ago, maybe three weeks ago, there was a big issue with young boys riding their bikes through Glenbrier, Edgewood, and Alice, really reckless. And one day, actually, I was on my way to council when I saw all these police officers with the trailer and compensating the bikes, which to me was a blessing in disguise because I'd rather see that than a parent. I'd rather see a parent go pick up a bike than go to the morgue or go to the hospital with the child being hurt or killed. And so just recently, last week, I was coming home from Glenbrier. I stopped right there in front of Trana, and just this whole group of kids came through again. No helmets, right in the middle of the street. Luckily, you know, boy, I always stop. But if it's somebody that's not from the city, because we have a lot of people that run the stop signs, we would have had a bad accident. And I did mention it to Chief when he was here earlier. They're going to continue doing that because we have to be consistent because then the kids say, oh, okay, they're going to do it. So I really am thankful for that. I don't know the other parts of Tracy that's still happening, but I know that it's starting up again, Glenbrier, Edgewood, and they go all the way to Allison back. So he said that they're going to continue doing that. And I'm glad to see that because a lot of them do not have helmets and they're in the middle of the street. So I want to thank Chief and our police officers for doing the work. Thank you.

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

Okay. To the bike comment, I say to the kids... bike life and continue to rebel. On the parking issue, that was clearly a targeting and not a safety issue. And the answer to that is do what San Jose does and other communities and provide safe parking to the unhoused and not find a way to clamp down on them. And be honest. I mean, it wasn't a safety issue. I don't have a problem with what the thing was, but just be honest with people. It was targeting, and it was not a safety issue. And don't let the guy BS you. I was clowned because I was told it was dressed like Ab's Abercrombie night. So anyway, and I'm sad Sekou left because I offered him to make a public apology as how his goons have treated me over the years, and he's declined so far. But let's get to what I'm talking about. I have sent Council a plethora of unresolved issues I've had with particularly the Transportation Department. I wish to thank Councilmember Dan for acknowledging me and sitting down serendipitously with me for a short discussion. I wish to thank Councilmember Abbs who appears to have taken a proactive interest in the plethora of issues I've presented. I wish to thank Mateo THOUGH PRETTY MYOPIC, FOR HIS MESSAGE, BUT AS CITIZEN'S SHEPHERD, ASKING THE SHEEP FOR RELIEF AND ADDRESS OF GRIEVANCE FROM THE WOLVES IS A WAY WRONG ANSWER. I GOT A LOT OF FISH TO FRY. TO THE CITY MANAGEMENT, DORY. HELLO, DOES THIS WORK? IT'S WORKING, MR. HEALY. You know, for years it bothered me that city never hired upper management from within. I was very happy and optimistic when you hired Midori after the Gary Hampton fiasco, a sort of hire within, and the mess the city is in, as well as Midori's lack of acknowledgment of severe operational and employee issues, has me rethinking my previous belief. I'm not going to repeat my issues with the city issue. I'm asking the council initiate an investigation, whoever does it. I also want to thank Anusha, I believe his name, for reaching out to me. EVALUATE FINDINGS, PRODUCE FINDINGS WITH TRANSPARENCY AND ACCOUNTABILITY. BASICALLY, IF YOU LEAVE IT IN THE HANDS OF THE CITY EMPLOYEES, IT'S GOING NOWHERE. I LIKE THE INVESTIGATION OF FERRIES CHAPEL OF MGM TRANSIT FOR INAPPROPRIATE BEHAVIOR AND ABILITIES AS A COMPETENT MANAGER AND SERVICE PROVIDER OF CITY OF TRACY. HIGHLY RECOMMEND HIS REMOVAL FROM MTM TRANSIT HERE IN TRACY. A CONTRACT REVIEW OF MTM FOR VIOLATIONS AND THE HIGHEST STIFFEST PENALTY UP TO AND INCLUDING CONTRACT CANCELLATION. INITIATE MTM CONTRACT CANCELLATION WITH EYE TOWARDS A SMOOTH TRANSPARENT TRANSITION EXAMPLE 12-31-26. The gift scandal. This irregularity to be investigated. I can provide MTM employees involved. This investigation be transparent. Disclose where the missing gift went. Ferry Chapelle and Ed Love will be censored for unprofessional conduct. Ferry Chapelle and Ed Love will return the monetary value of gifts given them. City employees. The recent actions of Virginia Carney, Anna Contreras, Ed Lovell, a junior employee at the Senior Center, and an MTM employee, along with never-ending and continuous nonverbal hate of city employees and continuous demonstrated utter failure of Kimberly Murtaugh and Midori's part. They have cultivated and enabled a hateful, unprofessional, and terminally sick culture and Tracy's citizen service culture. This must be addressed by the council, with parties completely responsible and accountable to the council and the people of Tracy. I have stated on numerous occasions I accept City of Tracy employees' judgment. I absolutely completely will not accept or tolerate their hateful, disrespectful, and unfair actions. To the citizens of Tracy, I say no more. You do not have to tolerate unprofessional behavior or performance. Speak up, speak out, and speak often. And don't let them try to ignore or outlast you. We are the city, and they are the hired help. Thank you, Mr. Healy.

Next speaker, please. Seeing no additional speakers, do we have any online?

No hands raised online, Mayor.

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.

the slide presentation. Good evening, mayor and city council members. Kenny Lippage, community and economic development department. Tonight's item represents the final major implementation step of the city's adopted 2023-2031 housing element. Staff is requesting approval of the proposed rezones, general plan amendments, specific plan amendments and certification of the environmental impact report. As discussed, the project contains the four related action items, the rezone of the housing element opportunity sites to high-density residential and mixed use, as well as updating the general plan to maintain consistency with the proposed zonings and incorporate required state-mandated amendments. In addition, we're amending applicable specific plans to eliminate conflicts with the housing element implementation, and lastly, certifying the environmental impact report pursuant to CEQA. Just to give a little bit of background for the project background, in July of 2025, city council adopted the 2023-2031 housing element. In August of 2025, the HTD issued a tentative compliance letter, compliance letter for the city's six-cycle housing element. identifying the completion of the rezone program as a remaining implementation requirement. Approval of tonight's action item will complete the city's housing element rezone program and position the city to obtain final HCD determination of substantial compliance. So first up for the rezones, so the proposed rezones of 187 parcels, the majority of which were identified in the adopted housing element inventory. And this is for those parcels to become high-density residential and mixed use. And on this slide, you can see the exhibit on the right-hand side. So it's going to have grids one, two, three, and four. And then so if we go on to the next slide, you'll see the rezone areas zoomed in. The grid one being the northwest portion of Tracy, grid two being the northeast, part of northeast. And then on grid three being southwest Tracy and four being a little bit of southeast. And so for the site inventory, these rezones help establish a residential development capacity, but they do not approve any specific development projects. So these maps are illustrating the geographic distribution of the proposed rezones throughout the city. The opportunity sites are located in multiple areas and include vacant, underutilized, and redevelopment properties identified during the housing element process. Moving forward to the general plan amendments. So the proposed general plan amendment is to update the land use designations to maintain consistency with the proposed rezonings for the 187 opportunity sites to residential high and commercial consistent with, as I said, the proposed rezoning that we saw before. In addition for the general plan amendments, the project also includes updates to the land use element, circulation element, safety element, and environmental justice element. With the land use element, it was proposed in regards to the site rezoning, circulation, specifically for updates for Senate Bill 743 for vehicle miles traveled. Safety element, the state periodically requires us to include policies relating to flooding, wildfire, emergency evacuation, climate. And last but not least, we did the creation of the environmental justice element. So this is a new policy required under SB 1000 to address health equity, environmental impacts, and community needs in disadvantaged areas. For the specific plan amendments, we did these amendments to ensure that existing specific plan provisions do not conflict with the proposed zonings of the housing element implementation. So where inconsistencies exist, the general plan and Tracy municipal code would govern future development. For this project, an environmental impact report was prepared in accordance with CEQA to evaluate the potential environmental effects of implementing the project. The EIR is intended to inform decision makers and the public regarding the project's environmental impacts and mitigation measures. And that's just a brief overview picture of the process that we go through. And we'll go into more detail on the next slide. So for the environmental review for this environmental impact report, we started with IT INCLUDED PUBLIC SCOPING, CIRCULATION OF THE DRAFT EIR, PUBLIC REVIEW, RESPONSE TO COMMENTS, AND PREPARATION OF THE FINAL EIR. WE DID GO TO PLANNING COMMISSION PUBLIC HEARING JUNE 10TH, AND THEN ALSO FOR CITY COUNCIL PUBLIC HEARING FOR TONIGHT. TOPICS THAT WERE STUDIED IN THE 2026 DRAFT EIR. THIS IS SEVEN UP HERE ON THE BOARD. THE EIR EVALUATED ALL REQUIRED ENVIRONMENTAL RESOURCE AREAS IN ACCORDANCE WITH CEQA. THE TECHNICAL STUDIES SUPPORT THE ANALYSIS ARE INCLUDED IN THE FINAL EIR AND ITS APPENDIXES. FOR SIGNIFICANT UNAVOIDABLE IMPACTS, THERE WAS ONE IDENTIFIED AS THE PRODUCT'S ONLY SIGNIFICANT AND AVOIDABLE IMPACT AND THAT WAS TRANSPORTATION. All feasible mitigation measures have been incorporated and approval of the project requires adoption of findings of facts and a statement of overriding consideration. And then finally, the EIR includes responses to all comments received on the draft EIR, revisions where appropriate, and the final mitigation monitoring report program. Staff recommends that the city council certify the environmental impact report and adopt the associated CEQA findings, approve the general plan amendments, waive the first reading and introduce ordinance approving the rezones and specific plan amendments. Collectively, these actions maintain consistency among the city's planning documents and enables the city to submit for housing element compliance consideration by HCD. That concludes the presentation and staff is available to answer any questions.

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?

Yes, Mayor. We have one speaker card.

Okay. We can go ahead and proceed.

Dennis Wilson.

Good evening, Mayor Arroyo, council members, Dennis Wilson. I'm the principal planner of Horizon Consulting in Modesto, California. And I represent Maya VMF LLC. They are developers and operators of Hispanic food markets. In fact, they currently operate, have rehabbed three existing buildings into supermarkets here in Tracy. So they're very familiar with Tracy. They purchased a 3.2 acre parcel at the northwest corner of MacArthur and Mount Diablo. And the broker brought them here to the City of Tracy to determine, do their due diligence and find out what the zoning, current zoning was for the site. They understood that it was neighborhood shopping, NS, but they wanted to make sure, which is part of the due diligence. So in September, actually, they came in July 25th of 2025, and they were told it was zoned neighborhood shopping. So in September, they went ahead and closed escrow on the 3.2 acres. And shortly after, I was retained to help them through the planning process. And learned that the project was part of this 196-acre parcel re-zones. And they purchased it without knowing that. So anyway, make it short. We've been working very diligently with planning staff. They've been a great help in removing the two parcels that they bought from the 196 parcels that are being re-zoned. And we're here tonight to just make sure that council understood why we were being removed and why we asked to be removed. And I'm here to answer any questions you might have. Thank you, Mr. Wilson.

Do we have any additional speakers?

I have no hands raised online, Mayor.

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.

Mayor Pro Tem Abercrombie?

Yes.

Council Member Evans?

Yes.

Council Member Bedoya?

Yes.

Council Member Nygaard? Yes. And Mayor Areola?

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.

Mayor Pro Tem Abercrombie? Yes. Council Member Evans?

Yes.

Council Member Bedoya?

Yes.

Council Member Nygaard? Yes. And Mayor Areola?

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

Rezoning the Housing Element Opportunity Sites to Implement the 2023 to 2031 Housing Element and Amending the Industrial Areas Specific Plan. I-205 Corridor Specific Plan and Tracy Hills Specific Plan.

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.

Mayor Pro Tem Abercrombie?

Yes.

Council Member Evans.

Yes.

Council Member Bedoya.

Yes.

Council Member Nygaard. Yes. And Mayor Areola.

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.

Hello, thank you for getting the PowerPoint up. My name is Brianna Alamia, and I'm with the Planning Division in Community and Economic Development, and I'm here tonight to talk about the shopping center parking amendments. So tonight we are proposing amendments to two articles in the zoning code, Article 2 definitions and Article 26, off-street parking requirements. And we're also proposing amendments to three specific plans. The Cordes Ranch specific plan, the I-205 corridor specific plan, and the residential area specific plan. So the reason we're bringing this project here tonight is to propose an amendment to reduce the parking requirement to one parking space per 350 square feet of gross floor area. Currently, commercial and office uses require one space per 250 feet square area. This change would apply in zones that allow commercial uses and areas within the three specific plans. The reason we're proposing this amendment is to implement the sustainability action plan measure T2, which is to reduce parking requirements and also to support the 2025 to 2027 strategic priorities, specifically to enhance the city's reputation as a business-friendly city. The definition does not exist currently in our municipal code for shopping center, so staff is proposing a new definition to ensure consistency in implementing this new amendment. Staff is proposing the definition of a group of three or more consumer service and retail trade establishments, including any other commercial uses allowed in the zone, on a single or contiguous parcels developed with shared parking and vehicle pedestrian access. These amendments are exempt from CEQA pursuant to section 15061 . And staff is recommending, staff and the Planning Commission are recommending that City Council introduce the ordinances amending the Tracy Municipal Code and specific plans and adopt a resolution determining that this is exempt from CEQA. This concludes the presentation. Thank you.

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?

Yes. So the site downtown, the parking is fine. This amendment is also being brought forward, as you mentioned, because the Dutch Bros is being proposed on Tracy Boulevard and Grant Line, the Big Lots parking lot. And this change will allow that to go forward.

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?

No hands raised online, Mayor.

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, subsection B, subsection 3, because it can be seen with certainty to have no possibility of a significant effect on the environment.

Second. We have a first and a second.

Roll call, please.

Mayor Pro Tem Abercrombie?

Yes.

Councilmember Evans?

Yes.

Councilmember Bedoya?

Yes.

Council Member Nygaard.

Before I vote, can I still make a, I have one last question. I know you jumped in really fast there. Go ahead.

My apologies.

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?

This ordinance specifically is not looking at e-bike parking. It's just for shopping center parking requirements to allow the Dutch Bros mostly to come in. So it's only looking at vehicle parking? Yes.

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

And did you have a vote? Oh, yes.

I have a vote. Yes.

Thank you.

And Mayor Areola?

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?

An 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 corridor specific plan, and the residential areas specific plan. to add a minimum parking requirement for shopping centers of one space per 350 square feet of gross floor area exempt from the California Environmental Quality Act, CEQA, pursuant to CEQA guidelines section 15061 .

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

Mayor Pro Tem Abercrombie?

Yes.

Sorry, Councilmember Evans.

Yes.

Councilmember Bedoya.

Yes.

Councilmember Nygaard. Yes. And Mayor Areola.

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.

Hello, Mayor, Council, and committee members. My name is Lacey. I'm with the City of Tracy Code Enforcement Unit. And this item is before you tonight because staff identified an opportunity to improve and modernize the city's existing notice of violation procedures. A notice of violation is an important code enforcement tool that the city uses when significant property violations remain unsolved. I'm sorry, unresolved. Once recorded, it provides notice to potential purchasers, lenders, and other interested parties that a property has outstanding code violations that have not been corrected. Over time, staff found that existing ordinances contain procedural ambiguities and no longer reflected the city's current organizational structure. The current code also places the authority to record notices of violations with a position that no longer oversees that function. As a result, staff work with the city attorney's office to review the ordinance and develop amendments that provide greater clarity, consistency, and transparency for both the city and property owners. The proposed ordinance does several things. First, it clearly outlines the steps that must occur before a notice of violation can be recorded, including notice to the property owner, a reasonable opportunity to correct the violation, and an opportunity to appeal the city's determination. Second, it establishes a clear appeal procedure and timeline so property owners better understand their rights and responsibilities throughout the process. Third, it clarifies the requirements for obtaining a notice of compliance after violations have been corrected, including the completion of any required permits and resolution of outstanding administrative fines or penalties. Finally, it updates the administrative authority for recordation to the city manager or designee. This better aligns with current code writing practices and provides flexibility should organizational responsibilities change in the future. Importantly, this ordinance does not create new violations, increase penalties, or expand the city's enforcement authority. Instead, it strengthens the city's existing procedures and ensures they are administered in a fair, consistent, and legally defensible manner. From a community standpoint, these amendments help promote timely corrections of violations, improve transparency in the property transactions, and protect future property owners from unknowingly purchasing properties with unresolved code issues. Overall, the proposed amendment provides a clearer process for the public, stronger due process protections for property owners, and more effective compliance tools for the city. STAFF RECOMMENDS THAT THE CITY COUNCIL CONTACT THE PUBLIC HEARING, ADOPT THE CEQA EXEMPTION RESOLUTION, AND INTRODUCE THE ORDINANCE.

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.

That's correct.

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?

None online, Mayor.

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.

Mayor Pro Tem Abercrombie. Yes. Council Member Evans.

Yes.

Council Member Bedoya.

Yes.

Council Member Nygaard. Yes. And Mayor Areola.

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

An ordinance repealing Chapter 10.08, Article 39 of the Tracy Municipal Code, violations, penalties, and enacting Chapter 1.36, notices of violation to the Tracy Municipal Code.

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.

Mayor Pro Tem Abercrombie.

Yes.

Council Member Evans.

Yes.

Council Member Bedoya.

Yes.

Council Member Nygaard. Yes. And Mayor Areola.

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.

Again, good evening, Mayor, council members, members of the public. Thank you for the opportunity to speak. My name is Dan Garcia. I am a lieutenant with the Bureau of Special Operations for the Tracy Police Department. I'm here to propose that the City Council consider an amendment to Ordinance 4.16 of the Tracy Municipal Code. This amendment aims to extend Section 4.16.180, which addresses unlawful acts in parks and public areas, and 4.16.190, which establishes park closing hours to include property owned by the Tracy Public Cemetery District. The Tracy Public Cemetery District serves as a vital public space, providing our community with a respectful environment to honor and remember our loved ones. Unfortunately, Properties within the Tracy Public Cemetery District have experienced ongoing issues including after-hours trespassing, vandalism, loitering, and other disruptive activities. Currently, our municipal code does not extend park regulations or enforceable after-hour restrictions to these cemetery grounds, which limits our ability to address these issues effectively. The proposed ordinance would extend existing park regulations to the Tracy Public Cemetery District property, ensuring that unlawful acts such as vandalism, loitering, and alcohol consumption are clearly prohibited and enforceable. Establishing enforceable after-hours restrictions for the Tracy Public Cemetery District property, making it unlawful for any person to enter or remain on the cemetery grounds outside of the posted operational hours, except for authorized personnel or those with written permission. promoting consistent enforcement of rules across all comparable public spaces within city limits, thereby supporting public safety and preserving these important community areas. The amendment will provide law enforcement with clear authority to respond to complaints and enforce violations on these properties, applying the same standards used for city parks. It would also support the public's expectation that cemetery grounds remain safe, peaceful, and respectful environments. There will be no significant physical impact as enforcement will be managed within existing police department resources. Additionally, the action is categorically exempt from the California Environmental Quality Act as it does not result in any physical changes to the environment. The Tracy Public Cemetery District, along with its legal counsel, initiated this request and has provided input on the proposed amendments. The City Attorney's Office and the Tracy Police Department have collaborated to ensure that the ordinance language is effective and consistent with our regulatory framework. Tonight, I respectfully request that the adoption of the amendment to Chapter 4.16 to extend park regulations and after-hour restrictions to the Tracy Public Cemetery District property. Thank you for your time, and I'm happy to answer any questions that you may have.

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

No, so we'll still work with the cemetery. So whatever hours they have posted, we'll respect those and that would be part of this ordinance. Okay. Yeah.

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

Because it is a public, well, it's a private owned property, right? This would give us the access to basically, because we don't have the authority unless they tell us, hey, this is happening, right? And so this gives us the authority to basically take proactive decisions when we're out there in the field.

Okay.

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?

No hands raised, Mayor.

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.

Mayor Pro Tem Abercrombie?

Yes.

Council Member Evans?

Yes.

Council Member Bedoya?

Yes.

Council Member Nygaard? Yes. And Mayor Areola?

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

Amending Chapter 4.16 of the Tracy Municipal Code to extend Section 4.16.180, Unlawful Acts in Parks and Public Areas, to include property owned by the Tracy Public Cemetery District and amended Section 4.16.190, Park Closing Hours, to establish enforceable after-hours restrictions for Tracy Public Cemetery District property.

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.

Mayor Pro Tem Abercrombie.

Yes.

Council Member Evans.

Yes.

Council Member Bedoya.

Yes.

Council Member Nygaard. Yes. Mayor Areola.

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.

All right. Good evening, Mayor, council members and members of the public. Thank you again for the opportunity to speak. Dan Garcia, lieutenant with the Bureau of Special Operations for the Tracy Police Department. I'm here to propose that the City Council consider a resolution that will significantly enhance our public safety and operational efficiency in our city parks and throughout the Tracy. This resolution aims to, one, establish that strict compliance with standard procurement process is not in the city's best interest, and to approve a master service agreement with Flock Group Inc. to purchase the installation, operation, and maintenance of advanced police camera technology for a term of 44 months at a cost that does not exceed $639,450. This resolution will achieve the following. Modernizing public safety infrastructure. Our current park camera systems are outdated and inadequate for today's public safety needs. The Tracy Police Department has successfully utilized flock automated license plate readers and pan tilt zoom cameras since 2022. Leading to a significant success in solving crimes, locating missing persons, and recovering stolen property. Expanding this proven technology to our parks will provide comprehensive, real-time video coverage and critical oversight. This contract will result in the installation of 33 fixed Flock Condor cameras and 16 Flock Condor PTC cameras in our Tracy City Park, specifically at Cliveland Park, Dr. Powers Park, Gretchen Talley Park, Legacy Park, Lincoln Park, McDonald Park, Veterans Park, and Sanusi Park. Phlox's all-inclusive model offers a flat annual lease rate per camera, incorporating installation, maintenance, cloud-based hosting, and ongoing software enhancements. This approach eliminates the burden of costly equipment replacement at the end of the agreement and ensures that our technology remains current and reliable. Flock is the sole manufacturer and developer of this camera technology, and Tracy Police Department's real-time information center is already fully integrated with their system. Transitioning to another vendor would require a complete overhaul of our infrastructure, leading to a significant additional cost in service and disruption. The Police Department has established robust policies to ensure the ethical use of video and ALPR technology, including strict guidelines of data collection, retention, and privacy. The Master Service Agreement includes confidential clauses and complies with all state and federal requirements. including SB34, a state privacy law enacted in 2015 that governs how public and private entities collect, secure, retain, and share data generated by these ALPR systems. The total cost of the agreement will not exceed $639,467 over 44 months, funded through the TPD's annual operating budget. This investment will consolidate and expand our camera network providing greater value and safety to our community. This initiative directly supports our council's strategic priorities for public safety by leveraging technology to prevent and reduce crime, enhance evidence-based enforcement, and improve the quality of life for all Tracy residents. For example, in December of 2025, flock cameras helped locate a missing elderly resident within hours, ensuring her safe return. In February of 2026, the system enabled police to identify and apprehend a shooting suspect who fled the city. In May of 2026, a stolen vehicle was quickly recovered and returned to its owner thanks to the real-time tracking. So since January 1st, there have been approximately 206 instances where the real-time information center was able to use the evidence from these cameras to help in the report. There were 660 instances where they were able to use the system to make sure that our officers arrived to these locations safely and to give them the information that they needed. And there was, since 2022, 240 incidents that resulted in reports being taken that began with basically our ALPR hits, which meant it's either a felony vehicle, missing person, or some type of dangerous vehicle that was flagged by an agency or ours. Tonight, I respectfully request the adoption of this resolution to approve the Master Service Agreement to Flock Group, Inc. And thank you for your time, and I'm happy to answer any questions you may have.

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?

Yeah, so our retention period is for 30 days. We make sure that we have that. If any officer or anyone from our department is using the system, we make sure that there's a case number involved and the reason why they're doing the search or looking through the system itself. So we have policies in place that take care of that. Now, we control the system as itself, and we decide who we share that system with. Again, we only share with in-state partners in law enforcement, but there's a reason why they're also sharing with them. And so that's kind of where we're at with the policy and retention in the system.

Thank you. Mayor, sorry to interrupt. Just a point of clarification. This is just a regular discussion. I'm not public hearing. My apologies. That's all right. No.

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?

Just one moment, Mayor.

Is Lily a speaker?

No, just in case there was questions.

Okay, so we can skip that?

Yeah.

No speakers online, Mayor.

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 devices? And I think you actually stated in your report quite a bit of data, which was great. But I did want to see if you could touch on privacy, because I know that comes up a lot in public conversations. about what are we doing to help protect privacy when we are using these devices in public?

Yeah, so our goal is to use this system ethically. And by doing that is, again, we're always doing analysis and data runs to make sure that we're using it properly. We're training our officers on how to use it. We're making sure that they're related to a crime, that they're related to any of the police functions that we do, and that they're not misused. We, again, make sure that we're not sharing with out-of-state partners or any federal agencies. Again, we control the system. And so we make sure that we're creating audits on it monthly.

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.

Mayor Pro Tem Abercrombie?

Yes.

Councilmember Nygaard? Yes. Councilmember Bedoya? Yes. Councilmember Evans?

Yes.

Mayor Areola?

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, Mayor and Council Members. Christina D'Agudillo, Associate Planner. Today we are providing information on short-term rentals and asking for direction from the City Council in addressing them. A short-term rental is a rental of a dwelling or a portion thereof by the owner to another person or group of persons for occupancy, dwelling, lodging, or sleeping purposes for a period less than 30 consecutive days. They are also referred to as vacation rentals, transient rentals, bed and breakfast, etc. There are two types of short-term rentals, hosted and unhosted. Hosted means the owner, agent, or full-time renter lives on the property during the guest's stay. Usually a short-term renter will rent out a room. Unhosted refers to the owner not residing on the property and the whole house or unit is rented out. The state allows cities to collect transient occupancy tax from short-term rentals under Revenue and Taxation Code Section 7280. Some popular companies that help facilitate the renting of short-term rentals are Airbnb, Vrbo, HomeAway, and Flipkey. Currently, the Tracy Municipal Code does not have any definition for short-term rentals. In the Tracy Municipal Code, there is Section 1008.1070, which states any use not explicitly stated in Title 10 is prohibited. In the past, staff has used the definition and zoning standards for boarding and rooming houses to include short-term rentals as well. Boarding and rooming houses are currently allowed in medium density and high density zones. However, short-term rentals are not a perfect fit and issues have arisen. According to our research, there are roughly 88 currently operating in the city. Our records show only one has a business license and is still attempting to meet the parking requirements for boarding houses. The Code Enforcement Division has had multiple cases involving short-term rental complaints. In 2024, there were recorded 16 cases, and in 2025, there were five cases. So far into 2026, there has been seven cases. The city is also losing out on the TOT that the state allows us to collect. Many cities throughout California allow and regulate short-term rentals. Some cities, such as Manteca, Merced, and Fresno, regulate through a short-term rental permit. Clovis has operating standards and permits them through their home occupation permit. However, there are also many cities that do not permit them, such as Temecula, Danville, and Larkspur. Now let's discuss pros and cons. One benefit would be the increase in transient occupancy tax. The city's TOT rate is currently 10% of rent charged by the operator. In the 23-24 fiscal year, the city made approximately $1,931,016 in TOT for the existing hotels and motels. In the following fiscal year, the city increased their TOT to $2,020,484. Theoretically, with approximately 88 operating illegal in the city with an average of $184 per night rented out approximately 223 days per year, we could potentially earn another $361,082 per fiscal year. On top of that, we would receive approximately $4,716 from the business tax revenue. Another potential effect would be the economic opportunity. If we allow them in the downtown area, it can assist in revitalizing the area. There are many older homes in the area. We predict that allowing short-term rentals may encourage property owners to invest in those older neighborhoods close to the downtown area to use them as short-term rentals. This would, in turn, create more of a tourist hub in the downtown area, along with the added events that already take place there. Tourism also supports the local businesses because many of the short-term renters and vacationers will be spending money at local shops and restaurants, again, generating revenue. Short-term rentals also allow for more diverse lodging options. We have hotels and motels here. We also have multiple construction projects that bring hundreds of workers. They, along with other tourists and travelers, can benefit from a diversity of lodging options, especially for individuals needing a longer stay. This could benefit them. Now there are some potential negative effects. One negative effect it would have is on our housing supply. It may decrease long-term rental and home buying opportunities. It can also become a nuisance in neighborhoods. Excessive noise if there is an unruly group of guests. There would also be an increase in vehicles or vehicle trips. In fact, many of the code enforcement cases I mentioned earlier were initiated due to the complaint of excessive cars within a residential neighborhood. Staff has provided the following potential options that the council could move forward on, but please keep in mind these are not the only options. Option one would be to clearly and firmly not permit them in the city. The city could amend Title 10 of the Tracy Municipal Code to add a line in the definition of boarding and rooming houses to state it does not include short-term rentals. This would get rid of the ambiguity. City council could also choose to clarify the definition of boarding and rooming house that it must be rented longer than 30 days. Option two would be to permit or conditionally permit short-term rentals in certain zones. This could entail creating a new use group or adding to an existing use group. Some zones to potentially allow with a conditional use permit could be residential estate, low density residential, medium density residential. The city could also allow by right in the central business district or the general highway commercial zone. Another option would to be create a zoning overlay for short-term rentals. An overlay zone is an additional specialized layer of zoning rules applied to a specific geographic area that already has a base zoning district. Some examples for the overlay could be downtown area or around legacy fields. Option four would be to create a new ordinance for short-term rentals that would include regulations for operations. We could include a specific short-term rental permit, much like the other cities I mentioned in a previous slide. Some examples of regulations could include maximum occupancy limits, place a cap on the number of short-term rentals in the city, and can't host or hold events on short-term rental properties. Continuing with option four, we could include other restrictions, such as limit the short-term rentals within a certain distance from one another, limit the number of rooms available to rent, or require primary residents to maintain the housing market meaning it can't be a second home or an investment home, limit the number of vehicles per visitor, limit the number of permits citywide, and mandate a local contact in the area during the stay. To summarize, there is no clear definition in the Tracy Municipal Code. We could earn TOT, but we could potentially lose housing stock. Some options are to not permit in the city, permit or conditionally permit, create an overlay, or create a new ordinance with an option to create a new permit. At this point, we would like to turn it over to the City Council to discuss the options provided to direct the staff in a path forward to the short-term rentals.

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?

When I mentioned earlier of hosted, that this would be an example of that. We would require somebody to permanently live in the house.

Yeah. Mayor David Nafisi, city attorney, other cities too, for instance, if you've got, let's say, people who are retired and they travel a lot, it is their primary residence, they would have certain requirements that they'd be at the home at, like, say, a minimum of 180 days out of the year. And let's say they're traveling, they could do it otherwise. But Ultimately, just to make sure that it's not a second home so that people aren't just buying investment homes and then renting them out for purposes of a short-term rental. So usually what they'll say is primary residence with a minimum occupancy of so many nights per year so that you can make that determination.

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?

So I guess, Mayor, if your question is if a company purchased a home, we could look into that. I imagine that's something that, again, the company would have to live there If you put like a certain limit, make it a primary residence, for instance, I don't think – even though a corporation is a quote-unquote person, I don't think you could say that they are technically living there. So there are ways to kind of preclude kind of corporate – corporations buying homes, you know, if you do have some type of, you know, host requirement, as Christina was saying, among other things. So there's ways we could look into that. And I know that a lot of cities have tried to do that. I think especially because of the housing crunch in the state, they don't want these homes just to be, you know, investment properties, if you will. Understood.

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?

They're throughout the city. We met with AirDNA, which was a data and analytical company who specializes in short-term rentals. From what they provided, it was scattered throughout the area. And actually, there are more outside of the city limits of Tracy, but they would not give us more information as to where exactly.

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...

in or even longer um we're only looking at those that are 30 days or less yeah so council member per the definition of a short-term rental it's gonna be less than 30 days if you're 30 days or more you get certain rights as a tenant that you wouldn't get otherwise And so for these purposes, the short-term rentals are considered going to be less than 30 days. Otherwise, the individual staying there starts to get certain rights, and it's led to issues on evictions and everything else. What they can do is either move from property to property or re-up, so long as it's a new term that they're doing and it's not consistent, if that makes sense.

Okay.

Any additional preliminary questions?

Okay.

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?

I'm showing no hands raised, Mayor.

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.

OK. Council Member Evans.

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. Adopt a new ordinance that would allow and regulate short-term rentals. This could include creating a new permit type. Yes, I agree on the permit. Probably an annual permit. This option should include choosing zones. I could be talked out of this, but I'm not sure we need a zoning layer for this or not. But I guess I would like to hear staff's opinion on why potentially a new zoning layer would be necessary or advantageous. You can hold that to the end, and I'd be happy to hear your opinion on it. And it says, however, instead of a conditional use permit, it could potentially be a short-term permit. Yeah, I agree. Make it annual, something like that. Conditional use permits require Planning Commission approval. I would not see this as something that would be a good use for Planning Commission, personally. Long-term rental properties don't go to Planning Commission, so I wouldn't think that a short-term rental, again, I could be talked out of that position, but it didn't seem like a good use for Planning Commission. A permit for short-term rentals could create a streamlined process by defining simple standards to follow and the permitting authority likely community and economic development director, which I thought was interesting. I'm not sure that makes sense on who would be issuing the permit, but I think I'll leave that to staff to decide on that. It goes on to say this is similar to what other cities have done, creating an ordinance that provides regulations, ensures the short term rentals will not become a nuisance to the surrounding areas. And I would just add to that that, you know, I would expect robust language to be included in the permits. and a strong educational policy for the landlords to understand what our ordinances are, noise ordinance, et cetera. We have some pretty strict language around noise and things. So I would kind of recommend those alterations or adjustments to option four. But then it also, you listed some potential restrictions. Limit short-term rentals within a certain distance of one another. I think that would be good, and that may help ensure, you know, that the market doesn't get saturated with too many of these. And I would look to staff for some recommendations there. But I like that idea. It also says we could potentially limit the number of rooms in short-term rental, in a short-term rental available to rent. I think that idea has some merit. I'd be curious to hear about that. Require primary residence or hosted short-term rental to maintain the housing market. So I guess I would say if you're saying, so require primary residence or host, so that I think in essence is saying require the owners to have a presence in Tracy, right? Is that what I'm reading? So, yeah, I would agree that that may lend to what was, you know, the concern that was voiced earlier that, you know, large conglomerates buying from out of state or even out of country and managing mass numbers of properties here. Wouldn't want to see that happen. So I would think that would be advantageous and limit number of vehicles per visitor. Yeah, for sure. I've seen that issue a couple of times where we have lots of random vehicles that show up and come and go. Limit the number of permits citywide. I would favor that as well. Mandate a local contact in the area for sure. I agree with that. So that's where I stand on those ideas. I would support this. I would like to see four come back with some of the alterations that are recommended and some additional recommendations from staff. And then I wanted to hear your thoughts on a couple of things that I mentioned. primarily which one was it um oh zoning the potential to have a zoning layer yeah and so council member evans to your question a lot of times um

The zones, you know, for instance, you might exclude, for instance, high density residential. A lot of times because there's a rental units and they're not allowed to do that. If we allow them to do that, then people are renting an apartment. They apply. We give them a permit. It's on there. And the next thing you know, the property owner is calling us and why did you do this? You know, and so there's certain restrictions in terms of zoning that, you know, we could look at other times. Certain cities have said, you know, for whatever neighborhood we just don't want it or the neighborhood association or HOA has said. We don't want it, so we respect that as well. So those would be some of the restrictions, if you will. Again, I think every city is different, and I trust our planning department to look through and recommend to you all what it is. But I just wanted to give you at least some examples as to why there might be certain restrictions one way or the other.

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

Yeah. Well, we cannot enforce those rules. But again, if you're asking why, for instance, we would say we wouldn't allow it in a certain – like HDR, it's mostly because those are renters and – they would not be allowed to do that otherwise. So if you were just asking for examples of certain zoning restrictions, you know, that could be it. Otherwise, you know, it could just be an area that, you know, ultimately that the city, for whatever reason, just wants to encourage just, you know, natural growth and doesn't want to do that. You know, like, for instance, as Christina was saying, limit it just to downtown so that you get more people there. But, you know, those are just examples of it. I just suggest you could visualize it. That's all.

Okay.

Sounds good. Yeah. Thanks for that. Thank you, Council Member. Council Member Nygaard.

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?

So, Mayor, that gets a little bit more complicated since someone, for instance, has arguably a vested right at that point in time. Now, you do have an annual renewal process, if you will. So generally speaking, if they've met all the requirements, you can't do that. I think that's why it's good to be proactive at the beginning and try to, you know, take your time and envision what those problems could be. which I think staff did a great job tonight of kind of talking about all the restrictions you can put in the place. I would advise that it's much better to be really, really restrictive at first and then peel off certain restrictions than being a bit more open and then to take that away from people. That's when you get someone to say, well, you know, I'm suffering because of these other people versus if you restrict it. allow some in some circumstances with the limits. I think it's much easier that way instead of more of a free-for-all approach. Perfect.

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.