City Council - Regular Meeting

Yeah, that's right. Okay. You guys ready?

Are you ready? Okay. Ready? Okay. We're going to call this meeting the City Council special meeting to order at 5.30 on August 18th. And we have no disclosure of participation for government code section 549538. Roll call and declaration, please.

Mayor Pro Tem Abercrombie.

Present. No conflicts.

Council Member Nygaard. Present. No conflicts. Council Member Evans.

Present. No conflicts.

Thank you. We have a quorum.

People can join this meeting remotely via Zoom. Are they going to put that up on the screen for us? Here we go. By following the information that's listed on the screen at this time. Just make a note that Council Member Bedoya will Here at 531, no conflicts. Thank you. All right. With that, we have a request to conduct closed session. Do we, with conference with legal counsel, existing litigation. Are there members from the, no one in the chambers? Do we have anyone on Zoom that wants to make a comment? Okay. With that, we'll go to ask for a motion to go to class session. So moved. Do we have a second?

Second.

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

Yes.

Yes. Yes. We are going to go and we'll be back shortly.

Some dogs wait a few days for a home. Some wait a few weeks. Cholula has been waiting for more than two years. This is Cholula, a three-year-old Pit Bull-Sharpay mix who spent 763 days at the Tracy Animal Shelter. When she first arrived as a stray, she was scared and unsure of people, but with patience, love, and time, she's learned to trust. Today, Cholula is affectionate, loyal, and loves spending time with the people she knows. She's house trained, crate trained, knows basic commands, and enjoys walks, car rides, and cuddling on the couch. Cholula would thrive in a calm home with someone willing to let her settle in at her own pace. In return you'll gain a devoted companion.

I'm Amanda from Tracy Animal Services. If you've been thinking about adding a furry family member to your home, now is the perfect time. August is Clear the Shelters Month, a nationwide campaign encouraging people to adopt from their local animal shelter or rescue. Tracy Animal Services sixth year participating, and for a limited time, adoption fees are just $10, the cost of a microchip. Every adoption also includes spay or neuter surgery, vaccinations, and a microchip. Most importantly, you'll be giving a deserving pet the loving home they've been waiting for. Visit Tracy Animal Services, meet your new best friend, and help us clear the shelters this August.

Some dogs wait a few days for a home. Some wait a few weeks. Cholula has been waiting for more than two years. This is Cholula, a three-year-old Pit Bull Sharpay mix who spent 763 days at the Tracy Animal Shelter. When she first arrived as a stray, she was scared and unsure of people, but with patience, love, and time, she's learned to trust. Today, Cholula is affectionate, loyal, and loves spending time with the people she knows. She's house trained, crate trained, knows basic commands, and enjoys walks, car rides, and cuddling on the couch. Cholula would thrive in a calm home with someone willing to let her settle in at her own pace. In return, you'll gain a devoted companion and best friend. Could you be the one to give Cholula the second chance she's been waiting for? Visit the Tracy Animal Shelter and meet her today.

Hi, I'm Amanda with Tracy Animal Services. Did you know Tracy Animal Services offers a foster to adopt program for kittens that are too small to be spayed or neutered? This helps free up space in our kitten rooms and reduces the potential spread of illness while giving kittens a safe place to grow. The process is simple. Families complete a one-time application and once staff reviews and approves it, usually on the same day, the kitten can go home with its foster to adopt family. We then do check-ins every two weeks until the kitten reaches two pounds. At that point, we schedule the kitten's spay or neuter surgery, microchip, and vaccination. After the procedure is complete, we finalize the adoption and the kitten officially becomes a permanent member of the family. If you're looking to help a kitten in need and open your home to a future furry family member, contact Tracy Animal Services to learn more about the Foster to Adopt program.

Hi Tracy, I'm Mari with the Utilities Division. Summer is pool season, but did you know the way you maintain and clean your pool can help protect local waterways? When cleaning your pool filter, never rinse it into the street, gutter, or storm drain. Filter backwash and wastewater can contain chlorine, copper, and other pollutants that flow directly into local waterways without treatment. Instead, dispose of cartridge filter wastewater in a dirt area on your property or through the sanitary sewer system. Spent diatomaceous earth filter media should go in the garbage. To reduce pollution, maintain proper chlorine levels, keep your filtration system running efficiently, and minimize algae growth to avoid using copper-based algaecides whenever possible. When it's time to drain your pool, never discharge water to the storm drain. A properly maintained pool means less draining, fewer pollutants, and cleaner waterways for everyone.

Hi Tracy, I'm Heather with the City's Public Works Department and with the summer heating up, it's time for a quick reminder about our outdoor watering schedule. Your watering days are based on the last number of your address. Super simple. If your address ends in an odd number, 1, 3, 5, 7, or 9, you can water on Monday, Wednesday, and Saturday. If it ends in an even number, zero, two, four, six, or eight, your days are Sunday, Tuesday, and Thursday. There's no outdoor watering on Fridays, and please remember, no watering between 9 a.m. and 7 p.m. Watering in the early morning or evenings helps reduce evaporation and keeps your yard looking its best. By sticking to the schedule, we're all helping conserve water and protect this important resource for our community. Thanks so much for doing your part, Tracy.

Hi, I'm Cade Lovell here at Gretchen Talley Park with a quick construction update. One major milestone is already complete. The basketball courts have been freshly paved and are looking great. Work is still underway throughout the park, including new fencing at the sports courts and dog parks, final electrical work for the restroom building, installation of rubber flooring at the exercise station, concrete work for the new ADA accessible on-street parking, landscaping, and seating of the new grass. We're excited to see everything coming together and look forward to welcoming the community back to these new and improved park amenities.

Thank you.

Thank you.

Hi, I'm Amanda from Tracy Animal Services. If you've been thinking about adding a furry family member to your home, now is the perfect time. August is Clear the Shelters Month, a nationwide campaign encouraging people to adopt from their local animal shelter or rescue. This is Tracy Animal Services' sixth year participating and for a limited time, adoption fees are just $10, the cost of a microchip. Every adoption also includes spay or neuter surgery, vaccinations and a microchip. Most importantly, you'll be giving a deserving pet the loving home they've been waiting for. Visit Tracy Animal Services, meet your new best friend and help us clear the shelters this August.

Some dogs wait a few days for a home. Some wait a few weeks. Cholula has been waiting for more than two years. This is Cholula, a three-year-old Pit Bull-Sharpay mix who spent 763 days at the Tracy Animal Shelter. When she first arrived as a stray, she was scared and unsure of people, but with patience, love, and time, she's learned to trust. Today, Cholula is affectionate, loyal, and loves spending time with the people she knows. She's house trained, crate trained, knows basic commands, and enjoys walks, car rides, and cuddling on the couch. Cholula would thrive in a calm home with someone willing to let her settle in at her own pace. In return, you'll gain a devoted companion and best friend. Could you be the one to give Cholula the second chance she's been waiting for? Visit the Tracy Animal Shelter and meet her today.

Hi, I'm Amanda with Tracy Animal Services. Did you know Tracy Animal Services offers a foster to adopt program for kittens that are too small to be spayed or neutered? This helps free up space in our kitten rooms and reduces the potential spread of illness while giving kittens a safe place to grow. The process is simple. families complete a one-time application and once staff reviews and approves it, usually on the same day, the kitten can go home with its foster to adopt family. We then do check-ins every two weeks until the kitten reaches two pounds. At that point, we schedule the kitten's spay or neuter surgery, microchip, and vaccinations. After the procedure is complete, we finalize the adoption and the kitten officially becomes a permanent member of the family. If you're looking to help a kitten in need and open your home to a future furry family member, contact Tracy Animal Services to learn more about the Foster to Adopt program.

Hi Tracy, I'm Mari with the Utilities Division. Summer is pool season, but did you know the way you maintain and clean your pool can help protect local waterways? When cleaning your pool filter, never rinse it into the street, gutter, or storm drain. Filter backwash and wastewater can contain chlorine, copper, and other pollutants that flow directly into local waterways without treatment. Instead, dispose of cartridge filter wastewater in a dirt area on your property or through the sanitary sewer system. spent diatomaceous earth filter media should go in the garbage. To reduce pollution, maintain proper chlorine levels, keep your filtration system running efficiently, and minimize algae growth to avoid using copper-based algaecides whenever possible. When it's time to drain your pool, never discharge water to the storm drain. A properly maintained pool means less draining, fewer pollutants, and cleaner waterways for everyone.

Hi Tracy, I'm Heather with the City's Public Works Department and with the summer heating up, it's time for a quick reminder about our outdoor watering schedule. Your watering days are based on the last number of your address. Super simple. If your address ends in an odd number, one, three, five, seven, or nine, you can water on Monday, Wednesday, and Saturday. If it ends in an even number, 024-648. Your days are Sunday, Tuesday, and Thursday. There's no outdoor watering on Fridays, and please remember, no watering between 9 a.m. and 7 p.m. Watering in the early morning or evenings helps reduce evaporation and keeps your yard looking its best. By sticking to the schedule, we're all helping conserve water and protect this important resource for our community. Thanks so much for doing your part, Tracy.

Hi, I'm Cade Lovell here at Gretchen Talley Park with a quick construction update. One major milestone is already complete. The basketball courts have been freshly paved and are looking great. Work is still underway throughout the park, including new fencing at the sports courts and dog parks, final electrical work for the restroom building, installation of rubber flooring at the exercise station, concrete work for the new ADA accessible on-street parking, landscaping, and seeding of the new grass. We're excited to see everything coming together and look forward to welcoming the community back to these new and improved park amenities.

Thank you.

Thank you.

Hi, I'm Amanda from Tracy Animal Services. If you've been thinking about adding a furry family member to your home, now is the perfect time. August is Clear the Shelters Month, a nationwide campaign encouraging people to adopt from their local animal shelter or rescue. This is Tracy Animal Services' sixth year participating, and for a limited time, adoption fees are just $10, the cost of a microchip. Every adoption also includes spay or neuter surgery, vaccinations, and a microchip. Most importantly, you'll be giving a deserving pet the loving home they've been waiting for. Visit Tracy Animal Services, meet your new best friend, and help us clear the shelters this August.

Some dogs wait a few days for a home. Some wait a few weeks. Cholula has been waiting for more than two years. This is Cholula, a three-year-old Pit Bull Sharpay mix who spent 763 days at the Tracy Animal Shelter. When she first arrived as a stray, she was scared and unsure of people, but with patience, love, and time, she's learned to trust. Today, Cholula is affectionate, loyal, and loves spending time with the people she knows. She's house trained, crate trained, knows basic commands, and enjoys walks, car rides, and cuddling on the couch. Cholula would thrive in a calm home with someone willing to let her settle in at her own pace. In return, you'll gain a devoted companion and best friend. Could you be the one to give Cholula the second chance she's been waiting for? Visit the Tracy Animal Shelter and meet her today.

Hi, I'm Amanda with Tracy Animal Services. Did you know Tracy Animal Services offers a foster to adopt program for kittens that are too small to be spayed or neutered? This helps free up space in our kitten rooms and reduces the potential spread of illness while giving kittens a safe place to grow. The process is simple. Families complete a one-time application and once staff reviews and approves it, usually on the same day, the kitten can go home with its foster to adopt family. We then do check-ins every two weeks until the kitten reaches two pounds. At that point, we schedule the kitten's spay or neuter surgery, microchip and vaccination. After the procedure is complete, we finalize the adoption and the kitten officially becomes a permanent member of the family. If you're looking to help a kitten in need and open your home to a future furry family member, contact Tracy Animal Services to learn more about the Foster to Adopt program.

Hi Tracy, I'm Mari with the Utilities Division. Summer is pool season, but did you know the way you maintain and clean your pool can help protect local waterways? When cleaning your pool filter, never rinse it into the street, gutter, or storm drain. Filter backwash and wastewater can contain chlorine, copper, and other pollutants that flow directly into local waterways without treatment. Instead, dispose of cartridge filter wastewater in a dirt area on your property or through the sanitary sewer system. spent diatomaceous earth filter media should go in the garbage. To reduce pollution, maintain proper chlorine levels, keep your filtration system running efficiently, and minimize algae growth to avoid using copper-based algaecides whenever possible. When it's time to drain your pool, never discharge water to the storm drain. A properly maintained pool means less draining, fewer pollutants, and cleaner waterways for everyone.

Hi Tracy, I'm Heather with the City's Public Works Department and with the summer heating up, it's time for a quick reminder about our outdoor watering schedule. Your watering days are based on the last number of your address. Super simple. If your address ends in an odd number, 1, 3, 5, 7 or 9, you can water on Monday, Wednesday and Saturday. If it ends in an even number, Your days are Sunday, Tuesday, and Thursday. There's no outdoor watering on Fridays, and please remember, no watering between 9 a.m. and 7 p.m. Watering in the early morning or evenings helps reduce evaporation and keeps your yard looking its best. By sticking to the schedule, we're all helping conserve water and protect this important resource for our community. Thanks so much for doing your part, Tracy.

Hi, I'm Cade Lovell here at Gretchen Talley Park with a quick construction update. One major milestone is already complete. The basketball courts have been freshly paved and are looking great. Work is still underway throughout the park, including new fencing at the sports courts and dog parks, final electrical work for the restroom building, installation of rubber flooring at the exercise station, concrete work for the new ADA accessible on-street parking, landscaping, and seating of the new grass. We're excited to see everything coming together and look forward to welcoming the community back to these new and improved park amenities.

Thank you.

Thank you.

Hi, I'm Amanda from Tracy Animal Services. If you've been thinking about adding a furry family member to your home, now is the perfect time. August is Clear the Shelters Month, a nationwide campaign encouraging people to adopt from their local animal shelter or rescue. This is Tracy.

It's channel 26, ready? All right, we are reconvened to open session at 6.07 p.m. At this time, we do have a report of final action. CITY COUNCIL FOR THE CITY OF TRACY MET IN CLOSED SESSION ON AUGUST 18, 2026 TO CONSIDER ITEM 2A, CONFERENCE LEGAL WITH COUNCIL, EXISTING LITIGATION, CASE NAMES CITY OF TRACY VERSUS SURLAND COMMUNITIES LLC AT ALL, SURLAND LLC AT ALL VERSUS CITY OF TRACY AT ALL. CASE NUMBER STK-CV-UBC-2024 County of San Joaquin Superior Court, per government code section 54956.9 . With regards to item 2A, there is a following report. By a unanimous vote, OF ALL YEAS, THE CITY COUNCIL PROVIDED DIRECTION TO STAFF TO WORK WITH THE CITY ATTORNEY'S OFFICE AND OUTSIDE COUNCIL TO FILE A STIPULATED JUDGMENT TO SETTLE AND RESOLVE BOTH PENDING LITIGATION MATTERS CONSISTENT WITH THE TERMS OF A SETTLEMENT AGREEMENT AND PUBLIC INFRASTRUCTURE AGREEMENT VISA VIA JUDGMENT TO BE FILED WITH THE COURT AND SUBJECT TO JUDICIAL REVIEW AND APPROVAL, WHICH INCLUDES THE FOLLOWING MATERIAL TERMS. Surland shall quit claim to the city the aquatic center property, thus clearing title on the property for the city to construct an aquatic center. Surland shall pay the city $8 million consistent with the terms of the operative development agreement to support the construction of the aquatic center. Consistent with city practice, Sirland shall receive fee credits and reimbursements pursuant to a public infrastructure agreement for the actual value of public improvements constructed and a mutual release of all claims by both parties. Thank you to staff for all your work. We appreciate it and we look forward to this being filed shortly. That brings us to adjournment and I'll entertain a motion to adjourn. Motion to adjourn. Second. We have a first and second. Roll call please.

Yes.

Yes. Yes.

Yes.

Yes. Thank you. We are adjourned at 6.09 p.m. We will have a regular meeting at 7 p.m. Thank you.

Recording stopped.

Testing, one, two, three.

recording in progress

All right. Good evening, everyone. I'm going to go ahead and call this meeting to order at 7 p.m. At this time, we have no disclosures pursuant to government code section 54953.8.3. 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.

Ready, salute.

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 our invocation with Scott McFarland from Journey Christian Church.

Thank you, Father, for allowing us to be here tonight. We welcome you into this meeting. And may you be honored in what happens here tonight. I pray, Father, and thank you for protecting us, for caring for our city, for our families and for our leaders. Forgive us when we fail against you and against each other. And we ask that you would unite our leaders in wisdom and humility as they make decisions for our community tonight. We call on your spirit to speak to us in both truth and love. And we pray that the words of our mouths and meditations of our hearts would be pleasing in your sight. We ask this in your almighty name. Amen.

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 of Tracy website. That leads us next to presentations. And I'll go ahead and turn it over to Anoush.

Good evening, everyone. My name is Anoush Nejad, Director of Public Works. I want to extend my congratulations to our August 2026 Employee of the Month. Eng Lim in our Public Works Utilities Division. For the past 24 years, Eng has played a vital role in protecting Tracy's water quality through her expertise, dedication, and commitment to excellence. From helping to lead the laboratory's successful certification efforts to serving as a trusted mentor and problem solver, her impact reaches far beyond the lab. Eng Lim arrived in U.S. in 1987, where her family of eight settled in Hayward, California. Eventually, they purchased a home in Tracy, where she still lives with her husband and two children who are now in college. After completing college, Eng commuted to work in South San Francisco and in 2002 she began working for the City of Tracy. For 20 years she served as a laboratory technician at the water and wastewater treatment plants where her responsibilities included sampling and conducting various analysis. In 2022 she advanced to laboratory quality assurance officer. Eng finds great fulfillment in her role. highlighting daily collaboration with an exceptional group of coworkers as one of the most rewarding aspects of her job, all in the service of City of Tracy. Outside of her professional life, Eng enjoys spending time outdoors and traveling. She finds joy in connecting with nature, where she is exploring America's national parks and caring for her backyard garden. She is proud to call Tracy her home and looks forward to retiring in Tracy. Thank you, Eng, for outstanding service and congratulations on this well-deserved achievement. Thank you.

All right, now we have some certificates. I'll ask council to join me. All right, at this time, we have a certificate of appointment. I'd like to invite Myrna Biles to come join us. This is for a planning commissioner alternate position. This is something new that we're doing. Essentially, we noticed we need a little extra help on our planning commission. We're very excited that Ms. Biles is going to be joining us. So we have a certificate appointment to certify that Myrna Biles is appointed as Tracy planning commissioner alternate for term commencing on August 19th, 2026 and expiring on March 31st, 2028. Congratulations.

All right, one more round of applause.

Next up, we have our Youth Advisory Commissioners. This is super exciting. For those of you who don't know, we get to have some of our Tracy youth get to help us out in the City of Tracy on our Youth Advisory Commission. It's where I served prior to being on City Council, so we're so excited to have them help us. And we're going to go ahead and treat this like a day of graduation. I want to have you guys all shake hands, and we'll do a group photo at the end. And forgive me for names. All right, first up, we have Diazudir Chimudinga. Next up, we have Natalia Lopez. Next up, we have Shreya Mahendran. Next up, we have Ashita Ratnani. Next up we have Sophia Syed. Next up we have Harshika Tamizelvan. And last but not least, we have Tao Trozian. All right, is that everybody? All right, let's go ahead and let's go this way so we can get in front of the podium for a photo.

There we go. A few more steps that way.

All right one more round of applause for our youth commissioners. All right everyone's receiving certificates of appointments to certify that each of you has been appointed to the Youth Advisory Commission for a term commencing on August 3rd, 2026 and expiring on July 31st, 2027. We are so excited to have our young people join us here in the City of Tracy. And that will complete it for our presentations today. Next up, that brings us to consent calendar. Are there any members of the council that would like to pull any items from consent calendar? Seeing none. Staff, are there any members you'd like, any items that you'd like to pull from consent calendar?

Good evening, Mayor. No items from staff today.

Thank you. If I can see hands raised, are there any members of the public who would like items pulled from consent calendar? Okay. 3H. 3H? And 3H is related to the informational report on fireworks. Okay. All right. With that, I will entertain a motion.

Mr. Mayor, I'll make a motion to approve the consent calendar minus 3H. Second. We have a first and second.

Roll call, please.

Mayor Pro Tem Abercrombie?

Yes.

Councilmember Evans? Yes. Council Member Bedoya. Yes. Council Member Nygaard. Yes. Mayor Areola.

Yes. All right. Next up, that brings us to item 3H, which is an informational report regarding our fireworks complaints during Fourth of July weekend. Staff report, please.

Good evening, Mayor, Mayor Pro Tem, council members. My name is Luis Mejia. I'm the captain over the Bureau of Special Operations for the Tracy Police Department. I'm here tonight to present an operational report on our public safety management, event logistics, and illegal fireworks enforcement for the Fourth of July holiday, which ran from July 3rd through July 5th, 2026. The 4th of July is the maximum deployment day for the Tracer Police Department. It's the one day with the highest pre-planned staffing of the year. Beyond the standard patrol teams that we deploy, we had four specialized teams that worked that day for the daytime events, the evening fireworks enforcement, and venue security. This year we utilized our drone technology and a real-time information center to pinpoint illegal fireworks reports, and to monitor the large crowds that we dealt with throughout the day. In addition to our technology, our dispatch center dedicated a secondary channel exclusively for the event coverage and the fireworks enforcement, thereby preserving the primary channel for our statewide emergency calls. Tracy P partnered with the Tracy City Center Association, Tracy Chamber of Commerce, the Public Works Department and local stakeholders to secure the downtown footprint, including the parade, pancake breakfast, high air balloon exhibition and the events associated with the 250th U.S. anniversary at Sixth Street Plaza. Public Works also deployed protective ballers to safeguard heavy pedestrian traffic in the downtown area. At Legacy Fields, Tracy PD effectively managed traffic and crowd safety for an estimated 3 to 4,000 attendees at the evening fireworks display. And I'm proud to say that all sponsored holiday events concluded safely with zero reported injuries, arrests, or major disruptions. Now I'd like to share some statistics from that holiday weekend. Leading up to the 4th of July, we had 14 calls for service related to fireworks. Also leading up to the 4th of July, our Special Investigations Unit was able to confiscate 143 pounds of illegal fireworks. Now, the day of July 4th, our dispatch center received 111 calls for service related to illegal fireworks. That's slightly higher than the 109 we got the year prior. The evening of July 4th, we were able to issue 56 administrative sites for illegal fireworks. In total, that night, between the peak call volume of 8 p.m. to 5 a.m., July 5th, our dispatch center handled 290 calls for service. Now, to give you an idea of how busy that night was, On a typical Saturday night in June, we normally just handle 80 calls for service. So that evening they handled 290. The following day, July 5th, the illegal calls for service, illegal fireworks calls for service went down significantly to 26 calls. And we also had one additional administrative site for illegal fireworks. All the staffing, technology and enforcement operations for that weekend were completed within the existing BUDGET ALLOCATIONS. THIS REPORT DIRECTLY SUPPORTS THE CITY'S COUNCIL STRATEGIC PLAN PRIORITIES FOR PUBLIC SAFETY. THIS CONCLUDES MY REPORT. AND WE RECOMMEND COUNCIL RECEIVE THIS INFERTILE REPORT. I'M AVAILABLE TO ANSWER ANY QUESTIONS.

NEW SPEAKER THANK YOU. COUNCIL DO WE HAVE ANY PRELIMINARY QUESTIONS?

NEW SPEAKER I JUST HAVE A REAL JUST MOSTLY OUT OF MY CURIOSITY. I THINK PD HAS EXPLAINED IT BEFORE BUT FOR MY MEMORY AND FOR THE PUBLIC. SO WHEN SOMEONE'S LOCATED UTILIZING A DEPLOYED DRONE THAT IS LAUNCHING ILLEGAL FIREWORKS, HOW DOES THE CITATION WORK FROM THERE? WHAT'S THE PROCESS?

NEW SPEAKER WE PINPOINT THE LOCATION WHERE IT CAME FROM, SO WE'VE GOT TO MAKE SURE WE HAVE A LOCATION, AND THEN WE USE OUR DATABASES TO LOCATE THE OWNERS, AND THEN WE GO INTO THE AREA AND ISSUE THE CITATIONS. SO IT'S $1,000 FOR EACH VIOLATION.

Great. Yep. That's my only question. Thank you. Thank you. Any additional questions here?

Okay. With that, we will go ahead and open it up for public comment. Do we have any speaker cards for this item?

We received none.

Okay. Can I please see hands raised for this item? And who would like to speak on this item? Okay. With less than four, then we'll go ahead and allow four minutes. Go ahead.

I JUST CAME UP TO EXPLAIN WHY I PULLED THE ITEM. SURE. BECAUSE I THINK IF THE POLICE DEPARTMENT'S DOING SOMETHING GOOD, THEY SHOULD BE ABLE TO BLOW THEIR HORNS. THANK YOU.

THANK YOU, MR. DUBE. OKAY, RETURNING TO COUNCIL, ALL FOR ADDITIONAL DISCUSSION AND OR MOTION.

MR. MAYOR, MAKE A MOTION TO ADOPT 3-H.

I'LL SECOND.

WE HAVE A FIRST AND SECOND. ROLL CALL, PLEASE.

Mayor Pro Tem Abercrombie.

Yes.

Council Member Nygaard. Yes. Council Member Vidoya.

Yes.

Council Member Evans.

Yes.

Mayor Areola.

Yes. All right, the item passes. Thank you. Tracy, please report. Much appreciated. Next up, that takes us to items from the audience. As a reminder, this is for items that are not on tonight's agenda. And the City Council is limited by the government code on how we can respond. Are there any members of the public who would like to speak on an item not on tonight's agenda? Please see hands raised. One, two, four, five. Okay, so with that, that would be, I saw six, so that'll be three minutes. Do we have any speaker cards?

Yes, Mayor, we received six cards.

Okay, that's still three minutes. So I'll go ahead and ask you to call the speaker cards.

First up is Mr. Robert Tanner.

Don't worry, I won't talk about fireworks today. Next week I will, next time. There's stop signs that blink around Eaton Medical Center and the hospital. I think you should put them throughout the entire city. Going down Tracy Boulevard or Lincoln, it's on the street saying stop sign ahead. Sometimes the people go right on through them anyway. This will at least give them a second target to get noticed, and it should be that way. The other thing is, and I said I'd have to speak about this, I noticed a pavement in 6A is there. Lincoln Boulevard from Lowell to Grant Line needs to be replaced. It's like driving over railroad tracks. When I mentioned it the last time, I got three calls from people who lived there and said, thank goodness someone brought it up. No one cares. You took care of the south side of Lowell, going down Lincoln.

Take care of the north side now, up to Grant Line.

I know there's a lot of cars in the street, but get them moved off to take care of the road. That's just a bad road right now. Thank you, and you guys have a good night. Thank you, Mr. Tenner. Next speaker card, please.

Nancy Rush.

Hi, I'm Nancy Rush. This is the first time I've done it, so I'm kind of nervous. I want to talk about climate change and sustainability. We're supposed to, as a city, have a plan. I don't think we have a plan. And we're late. We're late. Everything is on fire. Canada's on fire. France is on fire. Big Sur is on fire. We should have a plan for this building, the police department. and the transit center to all be run on renewable energy. Let's have solar panels. Backup battery, I assume, for police department. I don't know that you guys need it, ha ha ha. And the transit center. I heard that you were gonna put a diesel generator there. Please don't do that. That just spits out awful stuff into the air and we shouldn't be doing that. My son has asthma. I'm one of those sensitive people. So I'd rather we didn't contribute to the problem. The second thing I have to say about sustainability is if you come into the city on 11th Street It is beautiful and whoever in staff is responsible for the planning, there's a new planning lady back there, the trees, the landscaping, it's gorgeous. I'm so proud to be in this city. But then if you're me, you turn right on Corral Hollow and you go a few blocks on Corral Hollow and in the median strip, There's tree, tree, dead tree, dead tree, dead tree, tree, dead tree, dead tree. It looks awful and it's a fire hazard. There's gonna be somebody who's gonna throw a cigarette out their window and the tree's gonna go up because they're dead. They're probably, my guess is you guys are so smart that sometime long term, three, four years from now, you're going to redo the whole thing. But can somebody now go in there and remove the dead trees so we don't create a fire hazard? So that's all I have to say. Thank you.

Thank you, Ms. Rush. Next speaker card, please.

Civil Spikes. Spikes.

Good evening. Good evening. All right. I'm a little nervous. My name is Sybil Spikes, Tracy resident. I have two major concerns.

My first concern is... Ms. Spikes, can you put that microphone a little closer to you?

Can you hear me now?

Perfect.

Hi. Hello. All right. My name is Sybil Spikes. I am a Tracy resident. I have two major concerns. My first concern is there's no stop sign on the side of Chipotle restaurant when you're coming out of the drive-through of Panera. The oncoming traffic from Chipotle, it doesn't stop, and that's very, very dangerous. That is an accident waiting to happen. Can someone from the city please look into that matter? My second issue is there is no bus stop in that roundabout where El Pollo Loco and Panera and Chipotle kind of are. THIS IS BEING USED BY OUR TRACY YOUNG ADULT PROGRAM. MY DAUGHTER'S IN THAT ONE. IT'S FOR YOUNG ADULTS WITH SPECIAL NEEDS. AND THEY ARE LEARNING HOW TO ACCESS THESE BUS STOPS SAFELY. IF THERE'S NO BUS STOP TO ASSURE THEM TO GET TO THEIR DESTINATION SAFELY, AND HOW ARE THEY SUPPOSED TO BE SUPPORTED AND LEARN HOW TO USE THESE BUS STOPS IF THERE'S NOTHING THERE FOR THEM TO USE. THEY LOOK FORWARD TO RIDING THE BUS AND GETTING TO THEIR DESTINATION SAFELY. THANK YOU SO MUCH.

APPRECIATE IT. NEW SPEAKER NEXT SPEAKER CARD, PLEASE.

NEW SPEAKER ROBIN COLE

Good afternoon. I am here to ask that you revitalize the climate, the comprehensive climate action plan. Recently in the newspaper there was letters to the editor pooh-poohing the thought of climate change. And, well, you can kind of guess my opinion on that. However, we have fires, we have drought, we have incredibly hot, hot weather. I remember when my kids were young going to school, the first week of school was the hottest of the year, and it was in the mid-90s. Well, now 109 degrees is just another Tuesday. So those three things together can start a fire any time. When we look at our infrastructure, when we look at our planning for the city, one of the things we have to take into account is the safety of our community. Part of that is climate change, whether that's water, air, fire, or a really good band from the 70s. My point being that if we fail to plan now, like the saying goes, we're going to plan to fail in the future. And it's not just going to be us, but it's going to be our children and our grandchildren. Thank you.

Thank you, Ms. Cole. Next be your card, please.

Larkin Fleckner.

Good evening, mayor and council members. Good evening. My name is Larkin Fleckner and I'm here tonight to ask the city council to move forward with an updated comprehensive sustainability action plan or climate action plan, whatever you want to call it. And before anybody plugs their ears because I said the word climate, I believe Tracy has had a sustainability action plan. It's just super old. So it's not like any of this is an off the wall ask or anything. I think it's just time for it to be revisited seriously. I think we can agree that our city has changed significantly in the last five, ten years. We've grown. Our infrastructure needs have changed. Technology's changed. We've endured fires and other emergencies. I feel like we have a much better understanding of the challenges that our city faces. needs to prepare for, so all I'm asking for is a thoughtful, focused plan that looks at practical issues such as air quality, water conservation, energy costs, transportation, extreme heat, trees, open space, infrastructure, and waste reduction. I want clean air and water. I want more shade trees. I want a thoughtful, transparent plan that is fiscally responsible. OBVIOUSLY EACH PROPOSED ACTION THAT, YOU KNOW, GETS IDENTIFIED SHOULD HAVE A COST AND FUNDING SOURCES AND THERE SHOULD BE RESPONSIBLE, YOU KNOW, PARTIES FOR IMPLEMENTING IT. IT SHOULD BE MEASURABLE, LIKE ALL GOOD PLANS. TRACY RESIDENTS SHOULD ALSO HAVE SOME TRANSPARENCY INTO THIS. SO MY REQUEST TONIGHT IS SIMPLE. PLEASE MAKE UPDATING TRACY'S SUSTAINABILITY ACTION PLAN A CITY PRIORITY WITH CLEAR GOALS, MEASURABLE OUTCOMES, REALISTIC COSTS AND COMMUNITY INPUT. I just want to make sure that Tracy continues to grow. We're planning responsibly for the city we want to live in tomorrow, 10 years, 20 years, 30 years from now. Thank you for what you do. Peace out.

Thank you, Ms. Flechter. Do we have any additional speaker cards?

Yes, we have one more. Ross Bogan.

Good evening council members. My name is Ross Bogut. I'm a Tracy resident and I also want to talk about climate change. It's not debatable. The real question is how bad is it going to get and what can we do about it? What will we do about that? But I want to start with the weather. We got to stop complaining about the weather and do something. Not about we can't change the weather obviously, but we can be prepared. We must be prepared. The only constant is change. We used to say about the weather, but it's just not true anymore. The change is increasing, and the variability and the occurrence of extreme events challenges everything in our city systems that keeps us going. What I want to address really is, and I think the Comprehensive Plan must address water and energy systems in particular to accommodate for potentially unpredictable events. There are going to be extreme things and we need to make allowance for that and in a word, provide resilience. We must, of course, reduce exposure by reducing demand. That's the first thing and that's the overall goal in responding to climate change anyway. With respect to water, there's three things I want to mention that they should include. Recycling, and that would be residential increased recycling. We do some of that now, but residential recycling as well as the commercial ones. More drought intolerant, xeriscape, using less water, and groundwater recharge. When we get excess water, we should be putting it back into the ground. I know we've started talking about that. We need to do it more often. But more immediate, those are kind of long-term measures, the power systems. We've got to do something to make the power grid more reliable. We can't do it directly. We have to partner with PG&E, obviously. But there are many things I understand that can be done. Also, we have a lot of generating capacity right here in Tracy. The problem is we can't use it. All those solar panels on those roofs, if the grid goes down, you can't use that. What's up with that? Well, I know that. You need transfer switches. And I think we need to work with PG&E to come up with an engineering solution to that particular issue so we can actually tap that. And then on the emergency generators, please don't put a diesel generator anywhere as a backup. Those things are not used only in emergencies. They need to be run every month to test. I have experience as an architect for hospitals. We do that all the time. And 90% of their operating hours are not emergencies. It's the testing, and they need constant maintenance. Put a solar power system, it pays you back eventually anyway. So that's my recommendation.

Thank you. Thank you, Mr. Bogan. I think that takes care of our speaker cards. Do we have any additional speakers? Go ahead. Come on up.

Good evening. My name is Cynthia Reese, and I appreciate the opportunity to speak with you about this. I want to speak in support of an updated climate action plan. This is essential to our longevity as a community, as it helps Tracy adapt to changing environmental realities, protects residents, and unlocks economic benefits. We are contending with extreme weather. There's rising heat. Tracy faces more frequent triple digit summer days. Updated plans protect vulnerable residents. Worsening droughts. Central Valley water supplies are shrinking. Smarter water management secures future growth. Air quality. Wildfire smoke and traffic pollution harm health. Better plans reduce local air risks. There are opportunities for financial and legal benefits, such as with state compliance. California mandates updated emission targets. Current plans must align with new laws. Grant money. State and federal agencies offer billions for green infrastructure. Updated plans unlock these funds. Lower utility bills. Green building codes save residents money. Energy efficiency drops monthly costs. It makes sense for smart growth and innovation. Traffic relief. Tracy is a major commuter hub. Updated transit plans reduce gridlock and commute times. Job creation. Green initiatives attract clean energy businesses. This creates local high paying jobs. future-proof infrastructure, modern plans build stronger roads, grids, and water systems. I want to be remembered as someone who cared. With all of that in mind, why not? Thank you.

Thank you, Ms. Reese. Do we have any additional speakers? Please.

Good evening, everyone. My name is Esther. I'm not as eloquent as they are, but I would like to say my piece regarding climate change. I do not believe in it, first of all. It is, if Tracy were to go towards this kind of, I would call it idiocy, it would be a waste of our resources. In Tracy, we have a lot of issues to cover in Tracy. Climate change means Weather changes. We have summer, we have winter, we have cold. When it's summer, it gets hot. If people try to do their research, research the hottest year, day, month in history, you will know that we are not here right now. That's not the weather right now. Climate has always changed. So for an orchestrated group of people to kind of like try to You know, kind of like, I say this is orchestrated, and I've read about some people in group going from county to county trying to change mind toward climate change. You guys need to think about it. Do not waste our resources. We have other things to think about in Tracy. Thank you.

Thank you, Ms. Esther. Do we have any additional speakers? Seeing none. Do we have any online?

No speakers online Mayor.

Okay with that I will go ahead and close out items from the audience. We'll have a second portion later that takes us to public hearings. And we'll go ahead and go with item 5A which is an update on cannabis business regulations. Staff report please.

Good evening, Mayor, members of City Council. My name is Anna Contreras. I'm the Community Preservation Manager with the Tracy Police Department. This evening, we are bringing an item before you that updates Chapter 6.36, the City's Commercial Cannabis Ordinance. The ordinance was originally adopted in 2019, and over time, we've gained several years of experience administering the program, and state cannabis laws and regulations have changed. Before I get into the amendments, I would like to preface that these amendments do not expand the activity in Tracy or changes the council's existing cannabis policy. The changes are made in administration. We've updated several provisions that specifically assign administrative duties to the police chief and instead assign those duties to the city manager or designee. This allows a city manager to assign responsibility to the appropriate department or staff member without having to amend the ordinance when administering responsibilities change. However, it's worth noting that this change does not remove the police department from enforcement or security responsibilities. We've changed some processes in our permitting section. We've clarified procedures for applications, renewals, ownership changes, transfers, administrative decisions, and appeals. We've updated definitions, terminology, and state law references that have changed since the ordinance was adopted. We clarified requirements involving site access, employee and visitor identification, secure areas, record keeping, and other operating standards. We've established a specific minimum camera resolution for security cameras and require the surveillance system to meet applicable state standards. Existing requirements for camera coverage, remote police access, and 90-day recording retention remains in place. We clarified the city's authority to inspect cannabis businesses and review required records and recordings and strengthened language prohibiting interference with inspections or concealment, destruction or falsification of records. We also made general housekeeping changes to remove outdated or redundant language and improve consistency throughout the ordinance. In short, we've modernized and cleaned up the existing ordinance so that it is clear for the cannabis businesses we regulate and to make it more streamlined for staff to administer and enforce. In closing, staff recommends that the City Council adopt a resolution finding that amending Chapter 6.36 of the Tracy Municipal Code commercial cannabis regulation is exempt from California Environmental Quality Act pursuant to CEQA guidelines. and waive the first reading by substitution of the title and introduce an ordinance amending Chapter 6.36 relating to cannabis regulations in the City of Tracy. I'm available to answer any questions that you may have. Thank you. And I also have our Assistant City Attorney, Daniela Green, is available to answer questions as well.

Thank you, Ms. Contreras. With that, I'll go ahead and open the public hearing at 7.39 p.m. Counsel, do we have any preliminary questions? Seeing none, do we have any speaker cards for this item?

No, Mayor, we don't have any.

Okay. Are there any members of the public who would like to speak on Item 5A? Seeing none in chambers, do we have any online?

No speakers online, Mayor.

Okay. With that, I'll go ahead and close the public hearing comment portion for Item 5A at 7.39 p.m. Council, do we have any additional discussion, or I'll entertain a motion.

Mayor, I make a motion to adopt a resolution determining that amending Chapter 6.36, the Tracy Municipal Code, commercial cannabis activity is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15378, Subsection B, Subsection 2, and or 15061, Subsection B, Subsection 3. 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. Madam Clerk, will you please read the title of the proposed ordinance.

Amending Chapter 6.36 of Title VI of the Tracy Municipal Code relating to commercial cannabis business activity.

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. The item passes. Thank you, staff. We look forward to your further enforcement. That brings us to regular items. We have item 6A, which is an informational update on the Citywide Pavement Management Program. Staff report, please.

Good evening, city council members, mayor, even Marcelo, city engineer, and I have with me Bernardo Bustamante, our senior civil engineer, will be presenting the update for Pavement Management Program and Pavement Rehabilitation Project. Just a quick refresher on what PCI is and its relevance to our roadways. PCI stands for Pavement Condition Index. IS A NUMERICAL SCORE THAT REFLECTS THE CONDITION OF A ROADWAY. THE SCORE OF 100 INDICATES EXCELLENT CONDITION LIKE A BRAND NEW ROAD AND THE SCORE OF ZERO INDICATES POOR OR FAIL CONDITIONS. ON THE SCREEN YOU CAN SEE A SNAPSHOT OF THE CITY'S ROADWAY NETWORK CONDITION IN 2022. THE GREEN AREAS REPRESENT ROADWAYS IN GOOD EXCELLENT CONDITION with a PCI range of 70 to 100. The blue indicates at-risk roadways with a PCI score of 50, between 50 to 69. And orange represents poor condition with a PCI ranging from 25 to 49. And red indicates very poor or failed roadways with a PCI score ranging from zero to 24. So studies have shown that the life cycle of the pavement falls in a particular pattern over time, similar to what's shown on the screen. The vertical axis represents our PCI. The horizontal axis is the pavement service life in years. The inverted parabolic curve represents the rate of deterioration. So for the pavement with a life cycle of 20 years, its condition generally remained good for the first 12 years. But the deterioration rate changes drastically after that point. And without the appropriate, I'm sorry, without application of appropriate maintenance or surface treatments, the PCI worsens and the cost of bringing it back to an ideal condition becomes expensive. So what used to be a simple surface sale can become a rehabilitation approach. To effectively create a pavement work plan, the Pavement Management Program, or PMP, should be updated through a visual assessment of the roadway conditions for the entire network. It is recommended to assess the residential roads every four years. and two years for major roadways. So once this assessment is completed, a five-year pavement maintenance and rehabilitation plan is developed. The last update that was done for the City of Tracy was back in October 2022. The PMP report was developed with five budget scenarios. The first scenario was no funding was assumed for the five-year cycle. The second scenario was $2.9 million per year with $500,000 goes towards preventive maintenance, which is the crack ceiling and the slurry ceiling. The third scenario was $11.5 million per year to maintain the PCI of 64 at that time. FOURTH WAS 19 MILLION PER YEAR TO ACHIEVE THE PCI OF 69. AND THE FIFTH WAS 36 MILLION TO GET THE NETWORK PCI TO AN OPTIMAL LEVEL WHERE THE CITY IS ONLY DOING PREVENTIVE MAINTENANCE AT THAT POINT. BASED ON THAT PMP REPORT, STAFF DEVELOP A REHABILITATION PRIORITIZATION WORK PLAN. A SELECTION OF ARTERIAL ROADS WAS IDENTIFIED AND SEVEN RESIDENTIAL ZONES WERE ESTABLISHED SYSTEMATICALLY TO MANAGE THE WORK PLAN. THESE ZONES GROUP TOGETHER THE POOR AND THE VERY POOR ROADWAY SECTIONS AND REDUCE THE CONSTRUCTION COST. THIS PAYMENT REHABILITATION PRIORITIZATION WORK PLAN WAS PRESENTED TO CITY COUNCIL AS A WORKSHOP BACK IN MAY OF 2023. So since then, staff have completed multiple resurfacing projects according to that 2023 PMP work plan. As well as other critical roadway improvement projects that may not necessarily be part of that PMP work plan, but because they involve some pavement resurfacing, they contribute to the goal of maintaining an overall PCI, ideal PCI. So Tracy Boulevard from Lowell Avenue to Grant Line was advertised for construction bidding in August of 2025 and construction was completed this past spring of 2026. The construction cost was $2.3 million and the project involved roadway rehabilitation, curb and gutter and sidewalk repair, installation of ADA compliant curb ramps, utility adjustments, roadway striping and markings, and this project is anticipated to be accepted later this year. Another important roadway rehabilitation project that has been completed was Lincoln Boulevard from 11th Street to Lowell Avenue, as well as Lowell Avenue from Tracy Boulevard to Orchard. The project was advertised for construction meeting in June of 2023, completed in October of 2024, and it was officially accepted in January of 2025. The project includes roadway rehabilitation, installation of ADA compliant curb ramps, utility adjustments, and installation of class two and class three bike lanes. THE TOTAL CONSTRUCTION COST FOR THE PROJECT WAS $4.2 MILLION. IN THE TWO FISCAL YEARS, FISCAL YEAR 24 AND 25 AND 25 AND 26, OUR PUBLIC WORKS OPERATION CREW CONDUCTED PREVENTED MAINTENANCE WORK IN THE TWO NEIGHBORHOODS SHOWN ON THE SCREEN. THEY PERFORM CRACK SEALING, SLUR SEALING, STRIPING AND MARKING OF ROADWAYS. So moving what is planned ahead, two roadways will receive asphalt overlay as part of the 2023 PMP work plan. Grant Line Road from Walmart to Nagley Road and Tracy Boulevard from 11th Street to Center Street. Staff anticipated the bid opening this year to start the construction later this year. and expected to complete the project by next year's summer. The project scope includes pavement rehabilitation, installation of curb gutter and sidewalk, installation of ADA compliant curb ramps, signage and striping and utility adjustments. Another major roadway project, not part of the PMP work plan, but identified in our city's Transportation Master Plan, is Corral Hollow widening from two lanes to four lanes with bike lanes, facilities, curb and gutter, sidewalk improvements, ADA curb ramps, installations, adjustment of utilities, roadway resurfacing. It is currently in its final design and expected to be put out for bid later this year or early of next year. And Holly Drive roadway improvement extending from 11th Street to Clover Road is anticipated to go out for bid this year. This project will include the installation of Covering Garden sidewalk, ADA compliant curb ramps, bike lanes, pavement resurfacing, and utility adjustments. These improvements are designed to enhance the walkability, bikeability, and accessibility for individuals with mobility challenges. Also this year, our operations crew will continue to perform preventive maintenance by doing roadway crack ceilings, slurred ceilings, striping in the neighborhoods shown on the screen. Moving to action plan, in addition to design and construction activities mentioned, Part of the action plan is to expedite the design and construction of the remaining pavement rehabilitation projects for the seven residential zones, according to our PMP work plan. Staff has retained BKF Engineering Firm to help with the management, the coordination, the development of design documents. Staff will return to Council to seek inputs on project priorities and associated fundings. For now, the estimated schedule to complete the design for all seven zones are shown on the screen. Where the planning specs and estimate are also known as PS&E for Zone 7 is expected to be completed shortly this year. And then for the rest of the PS&E for the remaining zones will be completed early of next year. Also, as stated, the condition of our entire roadway network needs to be revisited and reassessed on a regular basis to obtain an accurate picture of the city's roadway network PCI. This will help us develop an appropriate plan for the next five years. To assist with this, we engaged Nicole's Consulting Engineering, NCE, to conduct a field assessment for the entire roadway network. AND TO UPDATE PAYMENT MANAGEMENT PROGRAM PLAN AND PREPARE A FINAL REPORT THAT INCLUDES MAINTENANCE AND REHABILITATION STRATEGIES AND BUDGET SCENARIOS. THIS REPORT WILL OUTLINE NECESSARY FUNDING SCENARIOS TO MAINTAIN THE PCI OF 59, 64 AND 69 FOR OVER THE FIVE-YEAR CYCLE. staff will return to council at the future date to present the updated PMP plan and associated budgetary needs. This concludes my presentation and staff is ready to take questions or comments. Thank you Mr. Marcello. So we'll go with council questions.

Mayor Pro Tem. So just thank you very much for the report. Just confirm right now we're at a 59 is that correct sir? That is correct. Okay thank you.

Council Member Bedoya. Thank you. I have a question, I guess, about a specific issue that I saw, and I guess could be largely applied if, you know, if it's appropriate. There's some railroad, I don't know exactly how it ties into the pavement, but there's some railroad tracks behind Williams Middle School between Lauriana and Sycamore going east. And this is, there's a couple other railroad tracks that have a similar issue. essentially it looks like it feels like they're sinking compared to like the level of the asphalt and it's creating like a essentially like a divot um where it's it's causing damage to cars um i guess how is there at all some kind of a nexus where maybe not just that particular issue can be addressed through this but like checking and i know the railroad tracks belong to you know union pacific or the railroad carrier But how can we help out that issue because we know that they're at least from my experience, they have been I've always heard that there haven't been necessarily as responsive as city staff. And it might be more appropriate somewhere else to ask the question.

So railroad tracks has a jurisdiction where they maintain from the center line of the railroad 50 feet out. and then 50 feet out in the other side. And within that zone, the jurisdiction next to it are not allowed to touch. So we generally coordinate that with our partners from UPRR or BNSF. Even just to put a patch on that area, it's difficult. We really need to coordinate that with our partners there. But it doesn't mean we can't do it. IF YOU GIVE US THE EXACT LOCATION, WE CAN COORDINATE THAT WITH OUR RELAVANT COMPANIES.

NEW SPEAKER THANK YOU. I WANT TO MAKE SURE NOT THE TRACKS THAT ARE SINKING BUT THE ACTUAL METAL PLATING AROUND IT. NEW SPEAKER YES.

WE CAN ADDRESS THAT. NEW SPEAKER THANK YOU.

APPRECIATE IT.

NEW SPEAKER THANK YOU. COUNSELOR EVANS. NEW SPEAKER THANK YOU, MAYOR. THANK YOU, STAFF. I KNOW THERE'S A LOT OF COMPETING PRIORITIES ON THIS. I DON'T KNOW HOW YOU BALANCE IT ALL AND, YOU KNOW, Council members, we hear a lot from our constituents on this issue. It's a very important issue. So I really appreciate your focus on this. I know there was some talk not long ago about, you know, us trying to catch up budget wise to not budget wise, catch up to the funds that we have. THERE'S A LOT OF WORK TO DO TO CATCH UP TO THE FUNDS THAT WE HAVE AT OUR DISPOSAL FOR THIS PARTICULAR ISSUE. SO I'M HOPING WE'RE MAKING PROGRESS THERE, AND I THINK THAT'S PROBABLY AN UPDATE FOR A DIFFERENT TIME. BUT MY QUESTION IS A LITTLE BIT SPECIFIC IN THAT IT'S ABOUT A PARTICULAR STRETCH OF ROAD I'VE BEEN ASKING ABOUT SINCE I GOT ON COUNSEL, SPENT THREE YEARS AND EIGHT MONTHS PROXIMATELY, AND IT'S THE STRETCH OF Tracy Boulevard from Linney Road to the airport entrance. That's a stretch of road that is, I see it fits into the What's it called? Very poor or failed category. I would say it's probably at the bottom end of that category. It's very it's very difficult to drive on it. I know it's a truck route. There's gravel yards out there and different things. And part of it, I was told, might be county. So I guess my question to staff is, if we determine that. HOW MUCH OF IT IS COUNTY? HAVE WE TALKED TO THE COUNTY TO COME UP WITH A PLAN? HAVE WE TALKED TO THE COMPANY THAT OPERATES THE TRUCKS, WHICHEVER THAT MAY BE, TO SEE IF WE CAN COME TO SOME KIND OF AGREEMENT? THEY SHOULD PROBABLY HELP IN THAT. DO WE HAVE A PLAN TO REPAIR THAT SECTION OF ROADWAY?

If I may, because I know even these particular engineers haven't been here for that particular discussion, but I have been, and I know exactly which road you're talking about. You get your teeth cleaned as you're driving down the road to the airport or to our water treatment plant. No, I can't deny that. I will follow up with staff. I know that we had some engineers working on potential solutions. I do believe we did reach out to the county, but I don't think it was fruitful. There is a quarry at the other end, and it's in the county, and so those trucks are tearing that street up. That street was never meant to carry that much load that frequently. So, Councilmember, I can get the council an update on what the challenges were or where we are.

Thank you. that we have a plan and that we are in contact. I mean, the county needs to pay their share, whatever that is. So I'd like to know that we have that plan at least in place in the communications happening, as well as with any other stakeholders that need to contribute, which I believe sounds to me like It's a rational statement to say they should contribute something. As that particular, and there's, again, a lot of priorities here, but that particular airport, our municipal airport, we're getting more and more of a focus out there, aerobatic competitions and different things, and we're starting to attract people from out of the city, out of the county, out of the state, even, to come to these events. So I hate... the idea of them getting there and seeing that at our airport. So it would be nice to know there's at least a plan to fix at some point. Thank you.

I can work with staff and come back with an update to council either in a report or during my staff updates.

Thank you, Councilmember. Councilmember Nygaard.

Thank you, Mayor. Thank you for the report. I had just some clarifying questions on page three, your pavement rehab prioritization. So you have the seven zones. So this is your residential zone map, correct? This is the priority is outlined on in that box that shows what year that then that zone will be paved. Is that how you read it?

Councilor, are you looking at slide five?

Slide five, page three? Oh, I'm sorry. Yes. Sorry, page three in our book. But yes, slide five actually has the diagram of your seven areas in the zones. And then the little box refers to the year. Is that the year that the pavement rehab would take place?

That is the plan. But currently, as I indicated earlier, we are revisiting the entire network. The zones are not going to change, but depending on the funding availability that we have, the schedule for the actual rehabilitation and maintenance might slightly change. But part of that assessment and update And the report that we will bring forward to the council later this year will include the actual schedule as to when we're going to go in there. But you are correct. At that time, those zones with associated fiscal years, the intent was to deliver projects within the zones on that particular

BECAUSE I'M A LITTLE CONFUSED BECAUSE THEN SLIDE 13 YOU HAVE AN ACTION PLAN AND THEN IT DOES SAY ON THE FIRST BULLET POINT THAT END OF 2026 COMPLETE THE DESIGN CIP FOR ZONE 7. SO I'M JUST KIND OF CONFUSED ON DOES ZONE 7 THEN FALL UNDER THE END OF 2026 OR UNDER WHAT SLIDE 5 SHOWS IN THE TABLE?

Good evening. Yes. So everybody understands this was the past, you know, what we indicated about three years ago, what was the plan. Now that we have our new consultant in place, he's helping us. FIRST OF ALL, WE'RE GOING TO DESIGN ALL THE SEVEN ZONES WITHIN THE NEXT 18 MONTHS OR SO. WITH THAT, WE ARE DIRECTING THE CONSULTANT TO GIVE US FLEXIBILITY BASED ON THE CONDITIONS OF THE RESIDENTIAL AREAS. SO MOVING FORWARD, WE MIGHT NOT NECESSARILY DO ONE ZONE AT A TIME OR WE MIGHT DO DIFFERENT AREAS IN DIFFERENT ZONES TO PROVIDE, YOU KNOW, TO ADDRESS THE MOST DETERIORATED ROWS THROUGHOUT THE CITY.

NEW SPEAKER THANK YOU. NEW SPEAKER THANK YOU COUNCIL MEMBER.

SO I'D LIKE TO IF WE COULD GET TO SLIDE TWO PLEASE. That's three. I'm looking for slide two, please. Thank you. So the question I had is, do we have an update to this particular map? Because I'm recognizing that Bessie Road here is still in the very poor condition, which now is one of the best roads in Tracy. And I also see that in front of West High along Lowell, that's all red, but that was also recently redone. So do we have an updated map on current conditions, including all the updates we've been making over the past couple years?

We have a system that is tied into the GIS system where the recent maintenance of rehabilitation is reflected, meaning it's updated in the GIS system. It's just a matter of printing them out to outline what is the updated condition of the entire network. THIS PARTICULAR ONE SHOWN ON THE SCREEN IS FROM, YOU'RE RIGHT, FROM THE 2022 PMP UPDATE ASSESSMENT. AND CURRENTLY WE'RE DOING THAT ASSESSMENT. AND AT THE COMPLETION OF THAT ASSESSMENT, WE WILL HAVE A NEW UPDATED MAP THAT WE CAN SHARE WITH COUNCIL.

NEW SPEAKER PORTER OKAY. AND THE REASON I ASK IS FOR MY NEXT QUESTION IS IF WE COULD GO TO SLIDE FIVE. ONE MORE. FIVE. THERE WE GO. SO WHEN WE'RE LOOKING BETWEEN ZONES SIX AND ONE, SO I UNDERSTAND THAT THE ZONES WERE SELECTED OR ACTUALLY, CAN YOU DESCRIBE HOW THESE ZONES WERE SELECTED?

IF I RECALL, I WASN'T HERE, BUT WHAT I WAS TOLD IS THAT THESE ZONES WERE SELECTED BASED ON THE condition of the roads at the time and to provide some sort of equity throughout the city. And the intent was to, you're supposed to develop a new plan every four to five years. So the intent was to be able to, based on the zone, was based on the worst deteriorated areas to a particular zone. But that was three or four years ago. So what we want to do now is reassess what we have. We might get away from these zones, so to speak, in a little bit. Again, the intent is to not to recreate new zones, but to work with what we have and try to be

somewhere consistent on equity throughout the city understood and if i if i recall also that there was some economic benefits to clustering it in these particular ways um ms light word is that correct and my engineers can please correct me if i'm if i'm mistaken but this

the map that you're looking at here and the one you saw with the different colored roads were from the 2023 presentation. So they're just used as sort of examples. The zones are used so that we can have a reference point, break it up and figure out how we're going to attack these different things. So the map that we, or the slide that we looked at on two or three is from the 2023 presentation. It's kind of a moving target, right? We come up with a plan, and if the funding comes through, this is what we'd like to tackle. But, you know, as the year develops, the funding doesn't, it doesn't manifest or we're not able to staff a particular project. So those types of things. And something to Ms. Nygaard's comment about the timing. So the fiscal years is a year that the project is budgeted in. But if you notice that the year that it's budgeted and we bid it out, there's usually a couple year lag between the fiscal year that you see on there. So if you see one, for example, that says 26, 27... that does not mean we're going to be under construction and or complete that project in that fiscal year that's when the budget for that particular project or that cip gets um gets budgeted and then our engineers spend the time that they need to to design it and then bid it out for construction and then construction so it's usually about looks like about two years from the the fiscal year that it's budgeted in to the time that it's actually uh accepted by the city and would be from the public's perspective complete if that's helpful just

Understood. Thank you. And then the reason why I was asking is because if we're looking at Zones 1 and 6, beyond Lowell Avenue in Zone 6, which is the large portion of red, the west portions of 1 and 6 are all appear to be in the blue and green mostly. But in Zones 1 and 6, it's the vast majority of red and yellow. So I was curious if we could potentially reconsider the zoning so that in order to maintain these economies of scale, would it be possible to do the eastern portion of one and the eastern portion of six into one zone, since those have the most need? Just something to consider. I understand this is an informational item, so I just wanted to get that out for consideration by our consultants. But I think six was particularly impacted because of Lowell, but that's already been taken care of. So we're trying to get the biggest bang for the buck that we can. next my next question is it's something that had brought back up in 2023 and we didn't quite have support um Given that oftentimes particularly in our residential residential neighborhoods especially where there are schools has there been any consideration of having any deviation from these zones to allow for additional repaving in front of schools particularly elementary schools which happen to be in neighborhoods. I do recognize that one of the ones that's coming up is over by North School. That is it's a very challenging roadway and I but I want to make sure that those are the roads where our parents are picking up their kids every day they are having more cars that are there in residential areas every day so can we have some consideration for equity in front of our schools recognizing that those pathways have more vehicles on them than other comparable roadways

The answer is yes, definitely. There are also funding available out there that if we apply with a package of serving schools, especially those community in the disadvantaged, the application becomes much competitive and stronger. So definitely we can consider that.

So I know that I've spoken with Ms. Lightwood and I've been speaking with our state legislators about funding some of those in front of schools. So it's something that I'd like us to consider when this is brought back, if we can provide an equity adjustment for in front of our schools where we get the most amount of cars. Yes. And then my last question is, I recognize that the potential pathways forward are, it would look like it was up to the pavement index of 69. But I was curious why we don't look at it going to 70, where 70 is the lower end of good. So can you please explain that?

funding availability It's very expensive it it you drop a lot faster than you can go up That's why part of the plan is not only these major rehabilitation projects But also the slurry seals that keep good roads in good condition kind of putting like a shellac layer over it It lasts a lot longer so that we have time to get caught up when some of our major like Bessie Bessie Bessie Road Bessie Avenue was a major Reconstruction I I could be wrong, but I think I remember hearing a former city manager say it was like a seven, which he was a traffic engineer and he'd never heard of a seven. So we got like one of the record books, but Bessie Road, you know, obviously one road, one stretch of road helps our PCI from slipping further, but it didn't do that much to bring up our overall PCI. We've got a lot of um heavy construction reconstruction uh rehabilitation of roads that we need to do to make a dent in our pci we'd love it we'd love our goal to be you know in the 70s but it is a yeoman's task not only in the number of projects that we have to complete and the staffing that it would take to get those designed and constructed but the amount of money that council would need to um put towards that we're talking in excess of tens of millions 80 90 million dollars over the next you know few years um

Absolutely and I understand that I think what I think because it's going to be coming back to us for reconsideration and part of that will be a financing component but what I my ask would be is I don't I feel like I wouldn't be doing the public's due diligence if I'm not asking how do we get good roads and good being the condition of the bottom level of good so even if the council doesn't take that particular plan if we could have it as an option just so we can see the actual difference i think it'd be important for the public to be able to to evaluate for themselves saying is it worth 30 million a year versus 10 versus five versus zero right um so when it comes back i would just like to see what would it take to get all of our roads to the good condition okay and council does currently have a policy um of a pci of 69 so we are not currently meeting um council's goal if is that correct our current pci

69. That's correct.

But understood, Mayor. We understand what you're asking.

Thank you. Council Member Nygaard.

Just to piggyback off what you were addressing, Mayor, I'm curious what it would cost just to address the failed roads, the red. I mean, there's not an enormous amount of red, but there is some definitely scattered red every zone. I'm curious, what would the cost be to just tackle the failed roads and bring them up?

I don't we don't have the exact cost right now, but it will be a lot compared to resurfacing like solar ceiling, like what our mayor indicated earlier. It's the big bang for your buck approach. We can easily do a one mile of reconstruction and don't make any change on our PCI goal network. Whereas if we do same amount of funding with slurry ceiling with so many miles of roadway, that definitely will bring us closer to our PCI goal. It's a lot to do the pre-construction type roadway. But it doesn't mean we cannot address them or strategically plan them. PART OF THE PLAN THAT WE'RE DOING IS TO NOT ONLY IDENTIFY THEM, BUT ALSO TO PREPARE A PLAN AND SPECS AND ESTIMATE. SO WHEN THERE'S AN OPPORTUNITY TO GO AFTER GRANT FUNDING TO DO THOSE RECONSTRUCTION CATEGORY TYPE, WE ARE IN A POSITION TO DO SO.

So Mr. Marcello, will the consultants audit, if you will, or plan include like by streets, some of the major projects and with an estimate? well is that what you're expecting back from the consultant so i think that's in line with council member my guard is asking so we would have some general estimates even though we don't believe we may not have the funding for that particular one we can give an order of magnitude that we believe this street from here to here will cost approximately x dollars in today's dollars and we can sort of program it go after grants or um plan it out for the for the for the future years is that that is accurate okay that's correct i'm sorry i thought i'm being asked how much it would cost to do all of them it is she is asking that but but but the consultant's report will provide some of that correct that's correct is that helpful okay thank you anything else from council concern bedoya um thank you does this 2023 plan reflect as much as possible of ellis and tracy hills

And I guess the second part of the question is when it comes back to us in the fall, how much of Ellis and Tracy Hills can be represented as being part of our PCI? I think roads have to be turned over and all that.

Yes, as you can see, if you look at the map, it doesn't incorporate all the new development over the last few years. And the reason for that is because technically the city has not accepted the roadway infrastructure from those developing communities. So that's why it doesn't count as part of the current, you know, PCI.

No, exactly. I guess my question is when could we expect that they be included in terrible way of bringing up averages. When do these get included and like hypothetically how much could that I guess affect the average?

IT'S HARD TO TELL YOU RIGHT NOW BUT WE CAN COME BACK AND GIVE YOU AN ESTIMATE AND IF WE WERE TO INCLUDE THOSE AREAS WHAT WOULD BE OUR NEW CURRENT PCI WE CAN GIVE YOU THAT INFORMATION LATER ON NO WHATEVER SCOTT THINKS APPROPRIATE AND I DON'T KNOW IF THIS WOULD ALSO INCLUDE LIKE THERE'S SOME DEVELOPMENT BY BETWEEN LIKE HIDDEN LAKE AND ELISA GARY AND THEN ALL OF OUR NEW AREAS THAT COULD BE TURNED OVER THANK YOU

thank you anything else from council customer happens hey mayor i guess i'll just i'll add in i do like the idea of getting categorical with the numbers and understanding what the cost is overall of repairing the very poor failed poor at risk and that would be the three categories i guess so I would like to know, I don't see us attacking the problem that way, but I do think there's some value to knowing what the value of each of those is for us to formulate an attack plan on this. But also, as with the example I gave earlier, I would like some comfort level. If there's any exterior roads that are going to be part county, I don't know how many of those there might be. But if there's county or other entities that may have, you know, maybe should contribute to repair of the road, if there's one company using that road overall, they should be contributing to that. We'd like to have a comfort level that that's baked into the cake on this. And maybe it is. It doesn't sound like we're certain on the answer. So I would like to know that we've looked at that as well and assessed that and incorporated that in the plan.

THROUGH THE CHAIR, COUNCILMEMBER EVANS, ARE YOU REFERRING TO THE AIRPORT, LIKE SOMETHING SIMILAR TO THE AIRPORT WHERE WE KNOW THAT IT IS A STRETCH OF CITY ROAD BETWEEN TWO COUNTY?

YES, BECAUSE I THINK YOU COULD LOOK AT THOSE AS OPPORTUNITIES.

Are there any that come to mind?

There aren't. I don't know if there are. I guess that's my question or my proposition to staff is let's take a look at that if we haven't already and assess that and if there are opportunities there let's incorporate that as a cost savings potential cost savings.

Thank you. Anything else from council? All right we're going to go out for public comment. Members of the public like to speak in this item please raise your hand. Okay, seeing two, we'll allow four minutes. Do we have any speaker cards on this item?

No speaker cards.

Okay, whoever would like to speak can go ahead and speak.

Tracy has about 15,000 roads according to the Harris report in 2022. Roads that are zero life in 2022 now have to be dirt roads. Roads that had a half a year life structure have to be dirt roads. And we're out here fixing roads that weren't even built when these roads were starting to be bad. I live right in the middle of Area 6, which isn't planned until 2030, the way things are going. Duncan Boulevard in 2022 had a .43 life schedule. It has gravel down the whole entire center of the road. No plans on doing that. until 30. But we have areas that weren't even built when that road was built that are being resurfaced, resurried. I've lived in the same house for 50 years. That's two and a half life cycles of asphalt according to your own map. I have got one surrey on that road. Are we trying to let our bad roads deteriorate to nothing at the expense that we keep our good roads good? Because if you've got a road that's a zero, it doesn't matter. It's not going down any farther. But if you've got a road that's a 70 and you put some surrey on it, and you make it a 90, then you've moved your numbers. Are we just playing a numbers game and we don't care about roads? I don't know. That's what it sounds like to me. This report that came in today was the exact same report given to you in 2023. It was the exact same report given to you in 2022. Nothing new was said tonight. Okay? Apparently you have a new consultant here that is going to come and fix all the problems. Let's take that consultant money and actually put it into the road. And then we have Lincoln. They have on here how great it was that they did Lincoln from 11th Street to Lowell and that they did Lowell. That was supposed to be part of your Funding for your roads. I went down to the city and I asked why didn't you go all the way? They said well, we had safe school funds and that's all we could do What happened to the money that the city just said that you spent on that road? You got it from someplace else and you didn't spend it on that road so let's not take credit for it and part of your pavement and Okay? Let's get things straight when we talk about them. If you're going to get money from this one organization and do a road and then you're going to claim that you did it under a pavement thing, that's deceiving. Okay? We need to figure out what is actually going on in our engineering department because I'm out there and it doesn't look right. And you need to do something about the pothole in the Grant Line Road right near the fire station before somebody gets killed. I've been down to the city. I've stood there with a city person and talked to him. And he says, oh, it's an underlying fault. We're going to have a big lawsuit on that one. Think about it.

Thank you, Mr. Duby. Next speaker, please.

Hello, once again. I commend you guys on the, you know, what you guys are doing in Tracy and also everyone on the council members and mayor. Thank you so very much. This is a very good, important something to talk about, especially the roads that goes between MacArthur and Shorty. I don't know if anyone is familiar with those two roads. I don't know if the traffic light is part of the issue at hand, but the traffic light over there is really terrible. It takes forever, and when the light finally does come to green, it takes only about maybe 15 seconds or 10 seconds to turn back to red again, which kind of like, It's just the road is so tight, you know, especially when we are in a hurry to pick up our kids or to drop off our kids and all that stuff. I've been here in Tracy for the past 25 years now. You know, whenever I take my kids to school, it takes forever. That one is by the wayside. But the road I want to focus more on is the Shorty. You know, it's still the same MacArthur Road and Shorty. You know, I think right in front of the memorial building, I don't know if, you know, after the rail, there's a rail track there. So we need to focus on, you know, because there's a lot of, you know, I think it can destroy cars. We need to focus more on that. All the well-traveled roads should be focused on. Well-traveled roads. in Tracy, not road that people are not focusing or not using or anything, especially roads that help mothers or parents to take their kids to school and back. Life is hard as it is. So this is where all our resources are supposed to be going to. Like the gentleman said, we shouldn't be patching things up. Let's focus on matter at hand in Tracy. Our job as council is to focus on roads, on things that are not working. Focus on it and fix it on timely manner. We shouldn't be kicking cans down the road. I would see that as a deceptive practice. So let's focus on all these roads. And I'm very happy that there are very few roads that are between very poor and failed. Good job, guys. I commend you on that. Keep up the good job. But please, let's focus on all these roads that are kind of like can easily destroy our cars in Tracy. It's a well-traveled road for the citizens, the residents in Tracy. Thank you so very much.

Thank you, Ms. Hester. Do we have any additional speakers? Seeing none in chambers, do we have any online?

None online.

Okay with that I'll go ahead and close the public comment period for item 6A. Before we have additional discussion I want to go ahead and ask staff. So we heard a question related to how does the prioritization become affected by the receipt of alternative funding sources. How does that change any particular plan.

Mayor I think you're asking how the prioritization of certain roadway maintenance change when there's grant associated or opportunities?

Some of them are grants, some are state funding from state taxes. Every once in a while we get, we can get funding. So how would that affect these plans if we get additional funding?

And that's what happened on some of these projects that we delivered. Our staff had to pivot and re-strategize their priorities to take advantage of those available fundings. But those funding sometimes, especially coming from the state and especially the federal, They have some requirements associated with it, and those requirements sometimes can delay the process. As an example, right-of-way acquisition, even though there's none, there's forms that needs to be completed as part of the Caltrans process. So sometimes that could delay moving the project forward. And sometimes funding has some requirements that you can utilize it on specific items. As an example would be the Active Transportation Program, the ATP. The ATP program grants would not cover the entirety of the roadway payments. They only cover the portion of the bike lanes or the sidewalk utilized by cyclists, bicyclists, or pedestrians. Just some examples. So yes, grants are available and they're good, but sometimes it could delay some of the delivery of the projects.

may i add an example i wasn't overseeing public works at the time but um bessie um was an item that i don't believe was on our plan for because it was it involved a complete reconstruction but due to and i'm going to forget the federal um plan arpa no no no no no it's During COVID, we had an opportunity to, Bessie Road actually met the criteria of, oh gosh, when I say it, you'll all remember what it is. Anyways, we got millions of dollars in order to, that Bessie Road met the criteria. We moved that up in the priority because we could take advantage of the funding that was available. So that means other projects that we didn't even have, that we might not have had fully funded or that were general fund funded, um moved to the to the wayside so that we could complete bessie road because we had a great opportunity to capitalize on that moment where we could get funding that paid for the majority of if not all of bessie road so that's an example of how grant funding um could potentially um move if there if there's a road that we do need to fix that doesn't have a funding source associated with it doesn't have a timeline we could move it forward if we find a match for that match the criteria for that particular grant SO I DON'T KNOW IF YOU WERE KIND OF REFERRING TO MR. DUBEY'S QUESTION. I DON'T KNOW THAT IT COULD BE THAT THAT PROJECT THAT GOT COMPLETED WAS ANTICIPATED TO BE COMPLETED WITH GRANT FUNDS. SO WE DO TAKE CREDIT FOR IT AS BEING A PROJECT THAT WE GOT ON THE GROUND AND LAID DOWN. SO IT'S NOT THAT WE ONLY COUNT PROJECTS THAT WE'RE GOING TO HAVE GENERAL FUND FUNDING FOR.

Understood. I have another question that will kind of go with that. So essentially, when there are particular funding opportunities, we reevaluate the priorities based on that economic opportunity to do additional work. I understand that. So I think the question that we have is, when we have additional funding that comes in, it sounds like the capacity we have to engage in the operations doesn't change. Is that correct? So essentially, if we got some, I think it was a hunk of ARPA funding, right?

ARPA. There you go. That's what it was.

Yes, that's what it was. So we're utilizing that funding in lieu of public funding that we get locally as opposed to doing multiple simultaneous projects. So essentially, it's a financial prioritization versus an expansion of funding. and operations. Does that make sense? So do we ever consider expanding our potential operations or are we limited in capacity by staff capacity to do these particular projects in a certain way?

it depends yes we do we do have a finite amount of capacity but if we're able to um you know bring in consult the you know the assistance of consultants um or you know other staffing we're going to try to capitalize on any kind of grant opportunities because that money will go away is that what you're asking yes there is that yes there always is going to be some limitations to our ability to um uh use use funds and get a project under the ground and so that's why sometimes we say you know not all grant money we can't always use it even though you know it may be made available to us but obviously if we're guaranteed funding we try to rejigger things so that we can take advantage of those opportunities first thank you

back to council for additional discussion or I'll entertain a motion. Council Member Bedoya.

Thank you, Mayor. I just want to tell staff I'm looking forward to fall's iteration of our updated plan to see kind of how you take council's, you know, different levels of consensus and comments and incorporate that for options. I do want to elevate a comment I heard from one of our constituents. I think I agree with somewhat of the approach being centered on return on return on investment. I do like the idea of focusing on our most used roads, most traveled, well-traveled, most used roads. In my mind, I picked, you know, from August to June. Basically, it's the school year and then part of summer school. But I would just hope that staff kind of takes that into consideration. It might be a way to shed some light on how we break up if we don't go with these exact zones. So I just want to add that. Thank you. All right. Any additional discussion?

Otherwise, I'll entertain a motion.

Mr. Mayor, I make a motion to accept an informational update regarding the citywide pavement management program and pavement rehabilitation program projects. 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, so that passes. So thank you, staff. We look forward to additional work on our pavement management. That brings us to item 6B, which is an informational update on our citywide energy program and our EV transition plan and infrastructure deployment plan.

mayor can i ask before we go into this agenda for some clarification with staff um the the the agenda item actually um addresses you know two major issues um and i just wanted to kind of make sure that that the public is aware um it is you know one the zero um vehicle fleet and infrastructure program. That's our state mandate requiring, you know, us to transition to purchase clean trucks and buses or zero emission buses and trucks. The second issue is, you know, and that one, that issue we are being asked for direction. The second issue is an informational update on our citywide energy upgrade program. This was actually brought forward last year and we're continuing to work through. Its objective is to evaluate energy saving measures. It just actually closed its RFQ on Friday. I believe we have five energy businesses that have submitted applications. This program will be returning to us in the near future for us to select an applicant that will bring us the most cost-effective solution with the highest energy reduction and hopefully return on investment. Does that summarize it better? I just kind of felt like that the two were submerged together, that they're, you know, are kind of confusing when you are addressing it as, you know, one agenda item when there really is a lot of detail in there. Just asking if that seemed, if staff had anything else to clarify on that.

councilmember i think i think you did we are going to we're going to address the energy upgrade program first the just give you the update you've kind of give you you've kind of gone to the end of the page here um so we'll we'll provide some of the timeline how we where we are and um what what the the council and community can expect in the coming months um for that program what it hopes to what it is intended to accomplish And then hard stop, we'll talk about the fleet transition plan and provide some options, funding options for council consideration. So I think you're spot on. Thank you.

Okay, thank you, Councilmember. Staff, have a staff report, please. Yes, good evening, Mayor and members of the council.

Good evening, Mayor and members of the council. For the record, my name is Anoush Najjar, Director of Public Works. With me today are Mr. David Murphy, Assistant Director of Public Works, and Mr. Bernardo Bustamante, Senior Civil Engineer, who will answer any questions about the EV charging station and fleet purchases. We also have Mr. Matt Evans from KPA, our consultant here, to answer any questions about the EV charging grants that we have researched for the project. On June 23rd, 2026, council member Nygaard requested an update on the citywide energy upgrade program and the EV zero emission vehicle transition plan, which was seconded by the mayor. Since we have made significant progress on several sustainability initiatives as requested by the City Council and as Ms. Nygaard eloquently presented this evening, we will cover a number of initiatives that we have undertaken during the last few months. The first one is citywide energy upgrade program. We also will discuss the zero emission vehicle transition mandate by the state. We're also going to show you the progress we have made in EV purchases and the current EV vehicle charging infrastructure that we have in place. Also, we're going to discuss the electric vehicle infrastructure deployment plan. We're going to present to you some options for funding of these EV charging stations. And finally, we will review with you the next steps. This is an informational meeting, but we are presenting to you some options to move forward. So first, let's review the citywide energy upgrade program. This program aims to conduct a citywide investment grade audit for all city facilities, including water and wastewater treatment plants. The effort will provide a comprehensive review of energy saving measures with the focus on the highest return on investment options for the city. Some of the expected upgrades that we can see from this effort will include HVAC upgrades, lighting, pumps, and any older equipment in the city facilities. We will also include evaluation of solar panels for all city facilities with the goal of net zero for most of the high energy user facilities. We also will explore solar canopies for EV charging stations. At the July 7th council meeting, a question was raised about solar panels for the transit center and whether they are included in the upcoming investment grade audit. The response at that time was incorrect. The transit center and all other city facilities are included in the upcoming energy audit program. To implement this citywide energy upgrade program, the city first had to adopt a new design build ordinance And on April 7th, we received authorization from city council to proceed with the citywide energy upgrade program. Since then, we issued a request for qualifications. We had narrowed to seven contractors that were pre-qualified for the effort. Since then, we have issued the request for proposals, and we are currently evaluating these submittals. We anticipate an award to the most qualified contractor and bring it to City Council for consideration in October. The first phase of the project is the investment grade audit, which typically takes about six months. I want to emphasize what investment grade audit means. What investment grade audit means is that the contractor will evaluate all of the energy use and all of the equipment in the building, including the major energy users, which includes the wastewater treatment plant. Based on that, they will give us a financial plan so that we can get a loan or to be able to bond for the improvements. And the energy savings will then pay for the investment that we make in these facilities. Once the IGA investment grade audit is completed, we will present all of the upgrades and the cost to the city council. And based on city council direction, then we can decide which one of those components we want to move forward to design and construction. Again, the agreement that we have developed will give you the option to be able to select what upgrades we want to do, which ones we can afford, and which ones we can finance. The financing plan will also include reviewing of all of the grants that are available. It will also include rebates and any other financing which is possible for these types of upgrades. There has been a lot of tax incentives, so all of those will be explored and will be a part of this financial plan. Now, what I would like to do is to focus on the state mandate on zero-emission vehicles. That's a little bit different topic, but we want to talk about that so that we can give you an update on the statewide mandate. California has enacted the Advanced Fleet Regulation, which was first adopted in April 2023. This mandate requires local agencies to phase in zero emission vehicles for new vehicle purchases. However, the original 2023 ruling was changed. And with revisions which has been due to challenges in ZEV infrastructure and vehicle availability. Basic changes include Changes for vehicles with gross weight of over 8,500 pounds and light duty package delivery vehicles. Battery electric and hydrogen fuel vehicles are now qualified as ZEV. Qualifying near zero emission vehicles can also receive credit under applicable provisions such as hybrid vehicles. And basically the amendments are intended to extend the 50% purchase of ZEV vehicles through 2029 and move the 100% purchase requirement to 2030. This table basically shows you the current mandate which is in place. which is again 50% through 50% of new purchases through 2029 and 100% of new purchases by January 1 of 2030. The city has selected electric vehicle as the most readily available vehicle and fuel option for the fleet system that we have. I also want to note that the city has taken major investments in EV purchases so far. So far we have purchased three EV trucks, we have purchased one electric paver, we have purchased two plug-in hybrid vehicles which qualify under new regulation, and we have also purchased seven hybrid transit vehicles. I would also point out that the mandate also has exemptions when suitable EV vehicles for the intended purposes are not available in the marketplace or when EV infrastructure is not available. Now let's focus on the EV infrastructure plan. How can we provide the infrastructure for the proposed EV mandate? CURRENTLY THE CITY HAS VERY LIMITED FLEET SPECIFIC INFRASTRUCTURE. CURRENTLY WE HAVE ONLY ONE 30-AMP CHARGING STATION AT BOYD. THE TRANSIT CENTER ALSO HAS ONE CHARGING STATION FOR BOTH THE PUBLIC AND FLEET USE. IN OCTOBER 2025 THE CITY COUNCIL APPROVED of $500,000 and directed the staff to begin the design of the EV infrastructure for the fleet component. KPA was retained to design the infrastructure for the city hall, the police station, and the Boyd Service Center. The city since then has submitted applications, four applications to PG&E for transformer upgrades AND HAS RECEIVED OVER $1 MILLION IN TOTAL CONTRIBUTION FOR INFRASTRUCTURE UPGRADES AND REBATES. THE TRANSFORMER UPGRADES ARE NECESSARY FOR PROPOSED EV INFRASTRUCTURE. THIS PROGRAM WILL EXPIRE AT THE END OF THIS YEAR AND IF THE CITY DOES NOT PROCEED WITH CONSTRUCTION, PG&E MAY RETRACT THE FUNDING KPA has completed the design and we're ready to begin construction of the EV charging station. As the part of our funding plan, KPA has explored all grant options that are available for fleet-focused EV infrastructure. We have also consulted with Ava Energy about potential funding. Unfortunately, there is no funding available for EV infrastructure for the fleet component. In addition to the fleet EV charging station, there's an opportunity to build EV charger at the legacy fields. The city has already built the EV infrastructure at this location. However, the EV charging units were never installed. At this point, we have three options for the council to consider and to give us direction. Option one is to purchase two portable charging units. This can be done quickly and within six months, six to eight weeks, excuse me. This will allow us to have charging capability for up to eight vehicles. This option will cost around $500,000. The second option is to allocate funding to implement the EV infrastructure that we have already designed. The current design will provide 22 EV charging stations or 26 ports. This will be sufficient to satisfy our EV transition plan. The engineers estimate for this work is about $3.6 million. Once the council gives us direction, we can bid and award the construction. The timeline is about 10 to 12 months until completion. Option three is to integrate the EV deployment with citywide energy upgrade program. This option may offer cost savings, And also will include solar canopies to reduce energy consumption. But it will be a longer deployment timeframe. As the energy program will first have to do the IGA, then will give us recommendations about the design and construction. So it can be done, but it will be a longer timeframe. So what are the options to move forward? Staff actually is recommending a combination of the three options which I presented. First is if the council can give us direction to move forward with the portable charges, we can come back with a funding allocation at next available meeting. That will satisfy having the charging stations available immediately. We also feel that if the council give us direction to bid the current design that we have in place with all of the PG&E upgrades, we can receive the final bids, construction bids, and come back to award the contract with a funding plan. And finally, staff recommendation is to defer the EV infrastructure for legacy field component, which is primarily for the public use. It will meet the sustainability goals that we have and also the solar canopies that can be installed at legacy field and at Boyd City Hall and police station. So if the EV infrastructure is built, staff has developed the following EV vehicle purchasing plan, which meets the state mandate. During the next five years, we expect to purchase 54 vehicles. We plan to purchase 23 EV vehicles and 18 EV transit buses. All of these are contingent on having the EV infrastructure to be able to charge these vehicles. In summary, what we recommend are the following. First, receive this report. Select the preferred implementation plan. Direct staff to finalize the funding strategies. Return with resolution and budget amendments. and continue with our ongoing citywide energy upgrade program. At this point, I would be very happy to answer any questions or clarify staff recommendations. Thank you.

Thank you, Mr. Nijad. We'll begin with council questions. We'll start with Council Member Nygaard.

Thank you, Mayor. Thank you for the report. And yes, it is very positive to feeling to feel that we are moving forward in addressing our state mandate and our energy goals. I do have a couple questions. So under option one, to purchase a portable, Are you aware of the Volt Vault program by U.S. Energy?

No, I'm not.

So that is actually a rental program where they can rent to you portable charging stations. These would be the DC, the fast charging stations for all different size fleets, so your midsize to large, up to eight ports in a portable unit. SO IT DOES MEET IMMEDIATE NEEDS. SO THAT IS AN OPTION TO LOOK, I WOULD SAY THAT WOULD BE ANOTHER OPTION TO LOOK AT AS FAR AS WHAT THAT COST WOULD BE. AND IT'S I BELIEVE OUT OF OAKLAND. SO THEY ACTUALLY DELIVER THE UNIT Fully charged, you use it for 24 hours. I believe they come back with another unit to take away the other one to recharge, but they keep you with a full charged unit for as long as you need. So it helps to meet that high demand. So that's one thing that I just wanted to see if you had heard of that. The other thing is, your three options, you know, there's no real recommendation to see, I know you said that a lot of the grant funding isn't available, but in the summary report that you did provide for us on page seven, you do mention that there are two upcoming grants that are expected to have new funding available by the end of the year. I do know that the California Energy Commission has another grant that's opening up on October 7th that will actually be able to provide up to $100,000 per port for EV charging stations. There's also in your summary, you also say that there are a few grants that do offer active funding and they do align with the City of Tracy needs. And then it doesn't say, you know, what ones they are or what type of alignment they do come into with EV charging. So I do would like a little more information if there are grants that you did look at that do align with the needs and they do have funding opening, what are they and do they fit with this project? On the option three, the one thing that, is it three or, oh, option two, the one thing that concerns me with legacy fields, it's awesome that they have all the wiring available. There's a couple things that concern me. One, it's not a central location for public Two, it's a gated recreational site, meaning it's only open when there are active programs happening on the fields. So it wouldn't be necessarily available for public five days a week or seven days a week or whatever, as opposed to another program public park that may have you know uh um open that would be available with more with broader hours so that that one concerns me um uh let's see um i so i kind of looking at maybe piece milling a couple options here um one i would i would say yes we do need portable charging Maybe if we could pause for a moment to research if Vault would be sufficient as a rental-type program and be able to save a little money there, not have to purchase a $500,000, but maybe, you know, it's a couple thousand a month. The option two, yes, we do need, you know, to put infrastructure in. I agree with your engineers' places, identified places, the police department, City Hall, and Boyd Center. I'm curious to find out if we were to remove... the legacy fields from this option, what would be the cost savings? Would it be that $1.5 million? Would that be deducted from the $3.6 million? Or is the $3.6 million for just the 22 stations at City Hall, Police Department, and Boyd Center? And then for option three, I'm going to come back to that. I'll let staff or council continue with some comments because I still am kind of curious about option three.

Thank you, Council Member. Mayor, would you like me to respond or wait until the end? If you have the answers to those questions, you can respond now. Yes. First of all, lease versus buy. We certainly can get the pricing for both and bring it to the council with both options. And then council can give us the direction which one we should pursue. So we can do that. Other grant opportunities, there are two different types of grants. Actually three, I would say. And then maybe Mr. Evans can supplement my response. First of all, there are some grants available for the EV public use. There's a lot of grants. For example, Prologis has received a significant grant, but that needs to be open to the public. And the other type of grants which are available, for example, AVA has, is level three, fast charging. Again, it's only dedicated for the public use. The problem that we have, the grants that that we're seeking is for fleet use. And those are very, very limited. And again, Mr. Evans, if you want, he can respond to that. That was one of the objectives when we hired the consultant was to make sure that he or this company looks at all of the available grant and tell us what we can do. And the most optimistic and promising one was the PG&E rebates. That's where we pursued the upgrades we have. We're receiving about $1.1 million in incentives and upgrades. So we feel it's a good way to be able to get this billed. On the legacy field, certainly that's up to the council choice. If you want to go ahead and equip that facility with EV chargers, yes, it will be used during the event times. But during other times, obviously the parks vehicle can use that for charging of their vehicles. Again, I believe that my recommendation was that to put the legacy field in the energy program let them find the grants to be able to get those built, because those will be dedicated for the public, and I believe there are some grants available for that. I know, for example, San Joaquin Air Quality District has grants available for public use, but it has to be available to the public. In terms of removing legacy field from this option two, option two only includes the Boyd Center The estimates that we have, Boyd Center, Police Department, and City Hall. Legacy is a separate cost, which is about 1.5 million. So the fleet for the City Hall, Boyd Center, and Police Department, the estimate right now is 3.6. Unless we bid it, we really don't know what is the actual cost. So, again, my recommendation is to proceed to bid it, see what is the actual bid amount, and then we can decide, you know, if we want to fund it or not. Again, if we don't proceed with that, we may lose the PG&E funding that we've already secured and all of the upgrades with the transformer that we've already agreed to be upgraded. So I think that answers all of those four questions that you had.

Thank you.

Council Member Evans.

Thank you. I'll pick up, I guess, where Council Member Nygaard left off. I am curious about option 3, and I just want to be sure I understand. Option 3 alone, if implemented, does that put us in compliance with the state mandates?

Could you repeat that question?

Sorry. Option 3 alone, does that put us in compliance with state mandates?

Well, as long as we build it and then we are purchasing the ZEV vehicles, yes. As I mentioned in my presentation, if you don't have EV infrastructure, there's an exemption. So right now, we don't have to buy EV vehicles because we don't have infrastructure. So, yes, it does meet the mandate, but when we go with the energy program option three, And they will build that. Obviously, we will have all of the infrastructure that we need, and it will meet the mandate.

So, okay, so it states may offer cost savings, but then it also states EV infrastructure funding must be provided by the city. So what is the cost?

So I can't tell you what is the cost because they have to do the analysis and They have to come back with their estimates. Obviously, one of their tasks is to do what Ms. Nygaard just mentioned, look at all of the available funding options. So there may be some cost savings. I don't know that fact right now until we finish the IGA, they do the study, and give us a guaranteed maximum price for each one of these components. Once they give us that information, Then we can decide what we want to do. I want to point out that these typical energy upgrade projects is based on energy savings. Obviously, AV chargers are not an energy saving component. So they use energy. So most likely we will not be able to finance it.

Okay. So I'm being asked, I believe we're being asked to select an implementation option, correct? Correct. So I need to know what the cost is going to be before I can make a determination on that option. That option will be available once the IGA is completed. Okay. And when is that again?

In about six months. Got it. We have to come to the City Council to award in October and about six months that will be completed. Okay. So why are we being asked to make a decision now? We're just presenting you the options. If you want to defer that until the IGA is completed and energy upgrade program is underway, obviously that's your choice.

I understand. Okay. So it sounds like we have two kind of open items so far that, at least from what I'm hearing, that we're going to need. I will need to understand that information and the data to move forward with that because it sounds like a great option, but there's a big question mark on that cost, so.

I just want to point out that obviously, you know, it will take some time to reach that point. So between now and then, we need to continue to purchase vehicles that we need to operate the city. And if we don't have that portable chargers, we do not have any infrastructure.

Okay. And your concern is the state mandate and the date? that we're required to have this done by, correct?

We really, as I mentioned, there's an exemption in state mandate, so we can continue to purchase gasoline powered vehicles or get the portable charger, which is provided with option one. Understood. Okay, thank you. Thank you. Mayor Portempo.

Thank you for that question. I was asking about three. It's hard to make a decision if you don't know what the cost is. Is there a timeline? You keep talking about PG&E that we may have to pay back if we don't proceed. Is there a timeline that we have to show them we are moving forward? Do we have the six months to get the full report to figure that out? What's the parameters regarding the PG&E funding?

Yes, a PG&E program that we are receiving these funds will sunset by the end of this year. So most likely we have about six months before that money goes away. So they will sunset. The program will sunset. So in terms of actually when will be the deadline, let me see if Bernardo has an answer. We're not really sure right now if there is a cutoff date or not.

Yes, when we applied for the PG&E EV fleet program, I think it's called Rule 29 or something like that, we applied for four locations, actually. So the police headquarters has actually two locations, the police parking lot and the annex kind of behind the police. And the Boys Center is one, and City Hall is the fourth one. So each one is treated as a separate contract. So we have four contracts with PG&E. And I was told that the program actually sunsets by the end of 2026. And they already are working on design efforts on their part. So I think one of the conditions, obviously, is for us to continue moving forward. If not, they could be PG&E my request. reimbursement for the design efforts that they have already conducted for each location. Another point to take into account will be that if we were to, let's say, we lose the opportunity from PG&E, then we're going to have to go back and start from scratch, so to speak, again. And then everything will be at city cost, including the transformers, All the infrastructure, what they call behind the meter, will be under the program, will be under PG&E. But if we were to apply in the future, everything would be on the city's, you know, part of the city's responsibilities. So theoretically, we're looking at over a million dollars that we're going to have to come up with. And then the time and effort, because now we're going to have to go back and start from scratch.

Okay. But we would have time at least to explore, as Councilmember Nygaard pointed out, if this Volt situation, we do have time with PG&E at least to look at that. So we don't even have to pick option like one tonight and do the 500. We have some time to look to see if Volt is a viable option or not.

I think we have time, I would say probably About six months or so, but once they realize that we are not moving, they're going to start asking.

No, I understand, but hopefully we can find that answer out within six months, I would think, right, Steph?

I believe so.

Okay. Okay. And then if you could go to slide 15, is that possible to bring that up, please?

Can you go back to the slide 15? Yeah.

So we're looking at the purchase of. Oops. So we're looking at vehicles to purchase the that 18 is that 18 EV vehicles or you need 18 vehicles to be purchased and they may be a combination or what are those 18 vehicles you're. indicating there in 26-27.

So, the total numbers on the bottom of the chart, I want to go over that first. In the next five years, we anticipate purchasing 54 vehicles. Correct. 23 of those will be standard EV vehicles. Right. And 18 additional ones are anticipated to be transit EV vehicles. For 26, 27, we anticipate to purchase 18. We anticipate to purchase three EV and three transit EVs.

Okay. So did we budget in that? Because I believe the EV vehicles are a little more expensive than gas-powered. Am I correct on that?

Yes. I would like to ask Mr. Murphy to respond to that question.

Thank you, Council. Yeah, the EV vehicles are more expensive off the bat, but we are budgeting for that as we have budgets.

We've already got that in the budget to do that, right? Okay, cool. All right. So, yeah, I think we need, I need more information and not making a decision on an option tonight because I would like to get the answer to Council Members Nygaard's. regarding the vault for option one and then i need to know what the cost is best we can for option three it's hard to make a decision on that because we were just previously talking about funding more funding for roads we also got an aquatic center that we're going to be coming back to we got a police station we're looking at substation looking at a fire station unless sarah has a hidden drawer somewhere with a lot of money in it SOUNDS LIKE WE GOT TO HAVE ALL THAT LAID OUT TO US TO THEN FIGURE OUT, COUNCIL, WHERE WE'RE GOING WITH OUR FUNDING. SO THAT'S JUST A STATEMENT. I'LL KEEP IT TO THE END. THANK YOU.

THANK YOU, REV. TIM. COUNCILMAN BADOYA, DO YOU HAVE ANYTHING?

I DEFINITELY WANT TO MOVE FORWARD WITH SOMETHING ONCE THERE'S MORE OF A GREATER COMFORT LEVEL AMONGST THE MAJORITY OF COUNCIL. If there's information that council thinks is appropriate to have before we make any decision, I'm all for that. Better do it with all the information and a clear conscience. Thank you.

I have a question real quick. Go ahead. With your PG&E plan, must you purchase an EV charging station to qualify to keep that funding in compliance? We have

Yes, with the PG&E EV fleet program, yeah, you have to buy level three chargers.

Is there a minimum number of level three chargers that you must purchase?

I think when we sign the contract, we have five ports per site. Also, we have to commit to buy EV fleet vehicles as part of that contract. And they're going to give us rebates for each vehicle.

OK. Yes, I would hope that we don't fall in default with PG&E because I do believe what you've started is a significant project. I think if we could purchase a minimum number of EV to make sure that we stay in good compliance with PG&E. Could the EV be augmented then? Because your first option was to just purchase temporary or the portable EV charging. Does that fall under PG&E? So that option really doesn't help keep us in compliance then with the project with PG&E?

No, it does not. Option number one has nothing to do with PG&E or what they are offering us. It just provides us the ability to charge the vehicles that we've already purchased or we may be purchasing in the near future.

So with the energy audit that is going to be happening, You had mentioned that whichever company comes back, they will be exploring opportunity for grant funding, which could be meeting some of our EV need. We don't know yet. You're saying that it will have to be evaluated by the organization that wins the contract. And that will be about a six-month time frame. But there could be EV opportunities. opportunity in there?

Yes, it could be. If I could answer, give you a response. Obviously, we're going to come back, as I mentioned on our schedule, to City Council to award this overall citywide energy program. However, we already have the design plans which KPA has designed. And in the current scope of work that we have included in the request for proposals, we have indicated that we will just give them the plans and they will go and bid it and build the project. So one of the things we can ask and include in the scope. will be the first task will be to go ahead and build the EV infrastructure because we really don't need an investment grade audit for that component because it's already designed. We have the design. KPA has it. We just give them that information, and we ask them. They are a contractor. They're an electrical contractor. They're a General A contractor. So we can make that as a first task without doing the IGA. That's possible.

So when we come... That's 3.6 million that we would have to come up with to put the EV charging at the four sites?

They will obviously, one of the requirement is for them to look at the options and give us a price. As I mentioned, there will be no cost savings so that we can finance this. So most likely there will be a component that city has to put in to be able to complete that project.

And that's, you're talking, this is strictly under the EV, the electrification of the fleet, not the energy audit?

That's correct.

Okay.

Okay. So as for my question, so essentially, I want to think about affordability. I think it's important for, you know, investing. We want to make sure that we're getting savings for our families. So I think that goes towards the investment grade audit. So in particular, it sounds like the places in which we could get the greatest savings that would trickle down to the Tracy families would most likely be things like the wastewater plant, these really large energy consuming facilities. So those types of things, it's really important that we go through the investment grade audit first, which will take six months.

Yes.

Okay. So with that, I would be in support of option three to receive the investment grade audit.

We haven't gone to public comment yet. This is just clarifying questions.

I have questions.

Okay. Sorry.

I appreciate it. So with regards to that component, we would have to go through the audit before you could give us the additional dollar amount and the potential savings. Is that correct?

Yes, we can basically have two different routes. One, they will go about doing the investment grade audit. The second one, we can give them the plans that we've already prepared with all of the PG&E upgrades and tell them that we want them to explore more grant options, but then give us a price to build that infrastructure for Boyd Police Station and the city hall as the first priority they will give us a price and then we'll come back to the council and then the council can give us a direction if we can avoid that or whatever we want to do at that point okay well what you just said kind of mixes two and three so i want to keep it a little more particular than that um with regards to

the investments that would potentially reduce costs for families. Those are the really large-scale ones, wastewater, not particularly City Hall or the Police Department.

Yes, absolutely.

With regards to those strategies that would reduce costs for families, we would have to go to the investment grade audit.

Yes, and you mentioned it very correctly. Wastewater treatment plant, we're paying about a million and a half to two million dollars in utility costs every year. We can reduce that to zero by putting the investment solar panels battery backup system and return that to the pay users in terms of reduction in their costs. So that is really the objective of the investment grade audit for those high energy facilities.

Perfect. And that's related to option three?

Yes.

Okay. So that's what I'm going to support because I want to see what we can do to reduce costs for families. Now with regard to some of these other things, for the portable EV chargers, is the intention there to only have them available at legacy fields or would they be available for the general public?

No, it would be available only at Boyd Service Center for our fleet charging. And that's an immediate kind of gap measure option. If the council doesn't want to even go to option number one, I think staff will be supportive of that. The only challenge is that we don't have any EV infrastructure, and frankly, we can't buy any more EV vehicles without the infrastructure.

Okay, understood. So I think it sounds like there are some potential options that haven't been evaluated yet, including the Volt. I think we would like some additional information. With regards to option two, We're talking about the investment at Legacy Fields. However, this option two also talks about City Hall, Police Department, and Boyd Service Center. In order to not lose, in order for PG&E not to reduce the investment that they have made, what cost would we need to invest currently?

I'm not sure exactly if I understand the question. If you can repeat that.

So in option two, there's a $3.6 million suboption and a $1.5 million suboption. We've already begun some infrastructure development. Which option makes it such that PG&E will not withdraw those investments or ask for reimbursements?

That's a $3.6 million. The 1.5 has already been designed. Infrastructure is in place. We have nothing to do right now with PG&E on that option.

So the city would need to invest $3.6 million by the end of this year to ensure that PG&E doesn't request reimbursement?

I wouldn't say that hard deadline, but yes, basically, we have gone through that process. We've got them to do the engineering, and they are upgrading the transformers. And sooner than later, we need to go ahead and build that project, or we're going to lose those funds.

Can I ask, Anush, the $3.6 million, does that include the $500,000 that Council approved in October for design? Is that the total cost of the project, $3.6?

No, that's the estimate for the construction.

For the construction, so it's $3.6 plus the $500 that we spent on design.

We haven't spent all of that $500,000. We have spent a portion of that, but we still have some funds available.

Okay. Okay. Okay. I think I would want more information to Council Member Nygaard's point about what would be the minimum that we would have to invest in order to not have PG&E request reimbursement. So I think we need a little more detail on that timeline and investment. Okay, those are my questions. Do we have any additional questions, not discussion? Fantastic. All right, we're gonna go out for public comment on this item. Do we have any members of public? And please see raised hands for who would like to speak on item 6B. I see two hands raised. That will be four minutes. Do we have any speaker cards?

No speaker cards, Mayor.

Okay, please proceed.

Pat Howell, it's really good to see this on your agenda. It's something we've all been waiting for. I know that all of you feel like you're bombarded with all these costs and these ideas and things that need to get done. But from what this report says, the citywide energy upgrade program consistent with the adopted February 2011 sustainability action plan, that was 15 years ago. And we haven't moved forward. We have to move forward. We have to find a way to move forward on this subject. It's not going to get better. And when we purchase those EV vehicles, we won't be paying $5 a gallon for gas. And when we do our energy updates, we'll be saving money. So we have to go forward. We can't just say it can't be done. We have to do it. Thank you.

Thank you, Ms. Howell. Next speaker.

Yeah, I guess I needed to thank my son for dragging me here today because all these issues are very important to me, especially in regards to PG&E. I have issues with PG&E. I'm sure majority of Trazians have issues with PG&E. They will promise one thing in paper, but they don't fulfill it. With our solar panel, we are yet to be refunded for the rebates or I think the state or whatever that might be. That is one issue. We are in an election period, election year, governorship and election. We should not be rushed into something this important. We are rushing because we do not know who is going to be governor. And I think it's being debated right now. Maybe this new matter has gone to court or something like that. And I don't know if it's going to be reversed or not. So we need to be mindful of our resources in Tracy. Especially with PG&E, they have made many promises that they barely fulfilled. It is one thing for PG&E to say they will give us rebates, but what about after that rebate? How much is it going to cost the city? How much is it going to cost us? and the infrastructure that has not been made yet. Okay, let's assume that once we build the infrastructure and we have the vehicle and all these things, what are the subsequent charges that it's going to cost us in Tracy? They call it investment. I see it as a pitch sale. for Tracy to invest in something that majority of the people will not even benefit from. This is an election year. Do not be rushed. You guys give yourselves some time. to think about the cost-effective of it, how much it's going to cost, because they don't seem to tell us the full amount, how much it's going to cost the city of Tracy. I'm seeing a lot of ambiguities in what you're talking about. I'm sorry, guys, but I'm not in support of this. Thank you.

Thank you, Ms. Esther. Next speaker. Seeing none in chambers, do we have any online?

No speakers online, Mayor.

Okay, with that, I'll go ahead and close out the public... portion period for item 6B and return to council for additional discussion.

I just have one more question.

Mayor Pro Temp, go ahead.

So if we don't pick anything tonight, when did, when would, and we're looking at a possible timeline of six months for PG&E, right? Possibly the, when would we be brought back some information so we meet that? Do you have any idea, staff?

I can bring back the two options, Ms. Nygaard requested, leasing versus buying the portable units, probably by September 15th. And I will certainly bring back the award of the citywide energy upgrade program by October. And we can negotiate if the option three is the one that you would like to go, We can negotiate that in that contract right now, and that will be a part of the award when we bring it to the council.

Okay.

Thank you.

Before we go further, I want to, can you clarify what you mean by incorporating it into what's going, the incorporation now? Can you elaborate on that?

Could you repeat that? I'm sorry.

Essentially, you just stated that if we were to proceed with option three, that you would incorporate something into the negotiation.

What would that be? We would incorporate the construction of the EV chargers in the energy upgrade program, which as I outlined in option three. Understood. Thank you.

Councillor Evans. Thank you, Mayor. So my two top priorities have always been public safety first and cost of living for our residents is a close second. As was noted earlier by Mayor Pro Tem, we have a PD substation that we've allocated funds for and multiple fire stations that we need to rebuild. THAT I'VE HAD ALLOCATED FUNDS AS WELL AND I INTEND TO PROTECT THOSE FUNDS WITH EVERY FIBER OF MY BEING. FROM THERE IT'S ROADWAYS AS WE DISCUSSED EARLIER AND PARKS, ET CETERA. I UNDERSTAND WE HAVE A STATE COMPLIANCE MANDATE AND I WANT TO REMAIN IN COMPLIANCE. But we have funds that we need to protect for other very important items that we have to manage in the city. I'm very data minded. As you know, I'm a project manager and I need to analyze things to make decision. In order to make a complaint analysis, I need the data. So I'll be anxiously looking forward to the information we've requested so we can make a decision on this. I don't like to rush into things and THERE'S JUST NOT ENOUGH HERE FOR ME TO MOVE AHEAD. SO I'LL BE LOOKING FORWARD TO THE NEXT MEETING WHEN WE HAVE THE INFORMATION. SO THANK YOU. NEW SPEAKER THANK YOU.

COUNSELOR WENIGARD. NEW SPEAKER QUICK QUESTION FOR STAFF. THE WAY I'M UNDERSTANDING IT AND I THINK YOU JUST SAID IT, OPTION 3 IS A WAY FOR US TO ESSENTIALLY ALMOST LIKE RUN TWO TRACKS. GET MORE INFORMATION, THINGS STAY ON TRACK. the EV infrastructure deployment stays integrated with the citywide energy upgrade program. Does that sound right? That's correct. Okay. At this time, I would be supportive of option three is the one that right now promises more cost savings and gets us more information. It's what council is seeking to do, at least the majority. Staff, please shed some light if I'm explaining that incorrectly, because I think it's the way to build consensus the soonest. If you need a motion, I would motion for option three.

Oh, thank you.

Council Member Nygaard.

Just to clarify, on option three, you still are in the process of selecting an energy company to do the audit. When do you think that will be coming back for us to choose the company, because that company is then going to provide the data of what cost savings and energy measures could be brought back for us to review to make a decision on. So are we looking at this company being chosen in September?

I think he said October. He said October.

October.

Our current goal is to select the preferred contractor by September 1st. We will bring it to the council for award in October. There are two different tasks as we just described. The first one is the investment grade audit. That has nothing to do with the EV infrastructure. The EV infrastructure, what we're going to ask them to do is to look at options for additional grants and give us a price to build that. But that will be brought to the council for recommendation to award in October.

Okay. With regards to my position, i agree with my colleagues that i think we would need the information from the audit prior to doing any large-scale investments with regards to this project my priority is what we can do to bring costs down for tracy residents and i think those are going to be those large-scale projects however i also want to make sure that the city has functionality and i understand that we have already purchased ev vehicles so i want to make sure those function and just sit in a parking lot so to your point about having the infrastructure be a part of that, that's something that I would support as well. And then I would accept any additional information related to the cost for PG&E so that we don't have reimbursements from them. Has that for staff, is that clear enough for the council's positions or do you need further clarification?

mayor can i just make a statement as to how we got here why we're here we're not trying to force any uh potential option down the council's throat but um last year at the council retreat council made quality of life develop environmental sustainability strategies for the city the number five priority of the five priorities that council wanted me to focus on so we immediately got to work with multiple um uh strategies that we were that were so we kind of hit that target one of them was to um undergo this investment grade energy audit that will that that its purpose is to find financeable um energy saving options for the city that's one track evs could be charging stations could be part of that it doesn't necessarily have to be secondary to that we have the state mandates that are requiring us to IN A SORT OF STEP-UP PROCESS OVER TIME, ALL NEW PURCHASES HAVE TO BE, YOU KNOW, 25% OF NEW PURCHASES HAVE TO BE EV50. SO WE TALKED A LITTLE BIT ABOUT THAT. SO THIS IS RUNNING SEPARATE. THEY HAVE SOME WHERE THEY CAN CROSS OVER, BUT THERE ARE TWO SEPARATE PROCESSES THAT WE COULD BE DOING ONE OR THE OTHER, NEITHER BOTH. WE HAPPEN TO BE RUNNING THEM AT THE SAME TIME, AND I'M SORRY THAT WE PUT THESE IN THE SAME REPORT. WE SHOULD HAVE PROBABLY HAD THEM SEPARATE REPORTS SEQUENTIALLY. we are bringing an update to you with some options because it is a develop environmental sustainability strategies for the city this is part of what we're doing we're bringing you some options and can we put the slideshow back up and go to slide um i think it's 11. so i just want to show you the the sort of the the logic of why we were we were presenting these options again you can choose all or none or any combination of but option one if you look down at the check mark is the fastest uh implementation timeline one of the constraints that we have in ordering evs we have we have the exemption right now because we don't have the infrastructure but it's kind of a a chicken or the egg we don't have the infrastructure so we can't order the vehicles we can't or the vehicles because we don't have the infrastructure So in order for us to get any traction is we have to start with the EV or with building that infrastructure. Last year you gave us $500,000 to go and design this EV project. So that was the direction we had. staff assumes that you want us to build out this program. That's what we, you know, you give us money for design, then we come back and we say, here's what we've designed and here's what the project's going to cost. So in order to get this, our EV process started, option one gets us these portable, temporary, if you will, charging stations within three months. And then if you go to the next slide, slide 12. SLIDE 12 IS A PROGRESSION. WE SAID, OKAY, ONCE WE HAVE THOSE TEMPORARY CHARGING STATIONS, WE CAN START ORDERING, BECAUSE WE HAVE TO ORDER VEHICLES IN ADVANCE, RIGHT? SO WE CAN START ORDERING THOSE VEHICLES. WE'LL HAVE EIGHT CHARGING STATIONS IN A SECURE LOCATION WHERE WE CAN PLUG THEM IN OVERNIGHT. running concurrent to that you could choose to tell us to go and Again, we'd have to come up with three point six million dollars to do these 26 ports at the four different locations additionally we could For that make available for the public and fleet use in the evenings legacy fields and that's kind of how we we broke it up the third option is if we don't want to invest at this moment the three point six and the one point two and is we can roll this into the audit. That is the longest timeline. And so we just wanted to kind of give you options. If council wants us to quickly get some EV infrastructure in place so we can start purchasing EV vehicles and have a place to charge them, that's option one. Option two is kind of the middle timeframe. We're talking a year to I think 18 months. And the third option is we understand YOU'RE GOING TO TELL ME TO GO FIND $3.6 MILLION. THAT'S NOT EASY. WE'VE HAD TO DO THAT FOR SEVERAL OF OUR PROJECTS. WE COULD ROLL IT INTO THE EV, EXCUSE ME, THE INFRASTRUCTURE INVESTMENT GRADE AUDIT, BUT AS MR. Najat has said, it's not likely that this is going to be a particular project that would be financeable. So it's likely they'll come up and they'll say, yep, it's going to be $3.6 million for you to do this, but we can't find any grant sources for it. And banks won't loan you the money for it because it's not going to be a savings on it. It's new energy. It's new costs that you'll be incurring.

Did I say that correctly, Anush? Yes.

He's had to tell me like 12 times, and I'm still not sure. But I just wanted to show you, that's why we're here. We were asked to come with some options. You don't have to take any of them. Here are some of the options if you want us to be able to get EV infrastructure in quickly. And we hear you. We can take a look at this other vault as an option, which would be similar to option one. I don't know what the cost is. We'd have to come back with that. Option two is do you want us to install the charging stations at the city locations for fleet use only at this point? and then option three is if you want us to throw it roll it into the um into the uh audit they can take a look at it and give us an assessment it is um as mr najad said six months from after awarding contract is the estimate so if we award contract in october we probably won't see the um the recommendations until spring early summer AND THEN ONCE WE SELECT WHICH OPTIONS WE WANT TO GO WITH, WHICH ONES WE CAN FUND FINANCE, THEN YOU'RE TALKING ANOTHER 18 TO 24 MONTHS FROM THERE. SO YOU'RE LOOKING AT A THREE-YEAR TIMELINE, BEST CASE SCENARIO IF EVERYTHING RUNS ON TIME AND WE GET THE OPTIONS. SO WE JUST WANT TO BE CLEAR THAT IF WE GO WITH OPTION THREE, WHICH IS COMPLETELY FINE, IT IS GOING TO HAMPER OUR ABILITY TO PURCHASE EV VEHICLES AND MEET THE MANDATE. I'M NOT SURE WHERE THE SLIDE IS WHERE WE SHOWED THE 18 CARS THAT WE'RE GOING TO, IN THE FIRST YEAR, THE 18 VEHICLES THAT WE'RE GOING TO PURCHASE AND SIX OF THEM ARE GOING TO BE EV. THAT'S ONLY IF WE HAVE THE INFRASTRUCTURE. SO IT WILL IMPACT OUR ABILITY POTENTIALLY TO MEET THE MANDATE IF WE DEFER ALL OF THIS TO OPTION 3.

Mayor, can I ask a question? Yes. So I think we are very excited about moving forward with the energy audit. I think that will bring a lot of information to the table. That aside, and looking now only at your EV electrification program, You have an option to either purchase two portable that have eight ports each, is that correct? Or is it the two total have eight ports?

The two units will have eight ports.

Each unit will have eight combined. Okay. Or the other option is to still explore VoltVault. I do believe they come as it's a mobile unit that comes with eight ports. And we could see what that price range is. So just and the fact that there is still grant funding coming open. There's some coming in October. There's some at the end of the year. We could still be exploring EV charging as we have either temporary EV present on site, either a portable unit or we purchase or we rent a unit or we purchase a unit. And that could come back to us when you compare the prices. But in the meantime, we could still be exploring some of these other grant funding that is opening up there I mean you mentioned in your summary that they're still coming at the end of the year there's some other grant funding that is opening and I get it we're on this timeline with PG&E so having if we purchase the portable the PG&E is requiring us to actually install correct so you can't have the others

The charger, the charging units. Correct. The part that you see that's above the ground.

Right. No, I understand what. Yeah, I'm just But in the meantime, if you're purchasing EV vehicles, if we had either portable or rentable, EV would help take care of the issue of having EV charging available for our state mandate in transitioning vehicles. We're still stuck, though, on this timeline with PG&E BECAUSE IT DOES MAKE IT A LITTLE MORE DIFFICULT BECAUSE WE DON'T HAVE ALL THE DATA FROM THE AUDIT TO SAY IF THAT'S GOING TO HELP THIS ISSUE OR IF WE HAVE OTHER FUNDING OPENING UP WITH OTHER GRANTS.

I think one of the risks, and Mr. Nishad, you can correct me, one of the risks we see with option three is deferring everything into the audit is that we believe that, again, the fleet chargers may not be the biggest return on investment, so it might be very difficult for us to finance this particular element of the overall, what the audit turns up. and we could be in you know a year out from now and still come back and say yep we need we need these evs but and it's going to cost 3.6 million and we don't have a funding source we could always continue to look for grants but at some point when for us to move forward with the project we there's a point in time where we have to have looked at all the grants that are available up to that point that we know we can get the funding within the YOU KNOW, THE TIME FRAME OF THE PROJECT BEGINNING. SO I THINK THAT'S WHERE WE ARE WITH THESE PARTICULAR 20, 26 CHARGERS. WE CAN CONTINUE TO LOOK FOR GRANTS. THERE'S GOING TO BE OTHER CHARGING OPPORTUNITIES ELSEWHERE IN THE CITY, WHETHER THAT'S FLEET OR for public use and we can continue to look for grants for those but I think today we're looking if you want us to do anything with the design that we have worked on to get us to this point.

Okay so I would reiterate so I essentially am I think we have consensus on supporting three to get the information however is it three and With regards to the purchase, the vehicles that the city's already purchased, I also have a really big concern that we are functioning. We need to make sure that we're utilizing these vehicles for daily use. So I would support the lowest cost option to ensure that our current EV fleets and those that are incoming soon will be functional. So I would support either the minimal cost of option one, which is $500,000, or THE VOLT OPPORTUNITY IF IT HAPPENS TO BE LESS. BECAUSE I WANT TO MAKE SURE THAT OUR WE'VE GOT THINGS TO DO IN THE CITY AND WE'VE GOT TO MAKE SURE THAT OUR VEHICLES ARE A BIG COMPONENT OF THAT. SO THAT'S WHAT I WOULD BE SUPPORTING.

I WOULD ADD MY SUPPORT BEHIND OPTION THREE AND THE APOLOGIZE, YOU JUST SAID IT.

OPTION ONE, THE

Currently the lease option. Can I ask a question? Go ahead. Currently, is there any major delays of charging our city fleet vehicles? Or are we able to meet the needs with the transit and the city chargers here?

So right now what we do is just take it to the commercial sites, which is a very inefficient way to be able to charge the vehicles.

Can you describe what that looks like?

Well, somebody needs to take it to the site. Somebody needs to bring them back. So it's really not a very efficient process. But we are charging the vehicles. We're using the vehicles. But it's not a very efficient process.

Okay. Yeah, I would reiterate option three and looking into all options, but my mind says the lease because it's the smallest initial and might kind of be like a for lack of better words, something that hold us over until we get a more permanent plan.

Okay. So I would be moving to move forward with option three and either option one at $500,000 or the lesser of a rental opportunity. Second. Does that make sense? Yes.

So what I hear is we're going to come back at the next available meeting that we can get on with a comparison or some cost for leasing or renting these portable units versus the $500,000 to purchase the unit. And Rolling the EV infrastructure for City Hall Boyd and the police the two at the police station rolling that into the which is option three rolling it into the investment grade audit and Coming back with what we were going to have to potentially reef fund or repay PG&E for the work they've done on what would potentially be as option two and

Yes.

Right. Okay.

We say moving ahead with option three, we're talking about bringing back the information on option three for us to deliberate, make a decision. Correct. Okay.

Good. Are there any additional questions?

Yes, but I just want to make sure with option three, the timing is that we won't have any real information for you in terms of costing or pricing or anything like that till... Spring. Will it be spring? Will that be available when they bring back the audit?

Well, you know, I did give an alternative to that, which is we can negotiate with the selected contractor. Because we already have the design plans ready and get a pricing from them immediately after the selection. Which means that that contractor will build these projects. But depending on how long do you want them to look for grants, then that will be an option again there will be no energy savings component to that except for the solar panels or canopies why can't we get an engineer's estimate instead of actually selecting it well we have the engineer's estimate 3.6 million okay i thought we're talking about option three no option two okay engineer's estimate is 3.6 million okay

I think that's where I'm confused. So you, if we go with option three, option three, as I understand it, is rolling the $3.6 million project that we, that is the cost of it. That's what the, that's what the KPA has designed. And if we were, if council gave us the funding, that's what they would go and build today, $3.6 million. So we're rolling it into the in the audit, we're going to give them the design plan and say, here's what we've already got. Can you roll it into, I guess, basically, will they be able to finance it within the project?

Again, this process, this energy program, is a two-step process. First, you do the investment grade audit. The investment grade audit will identify the energy consumption. And then we'll recommend a series of upgrades for cost savings. Then the same entity, which is a contractor, will design and build these upgrades. One component of that will be the EV charging stations. But because EV charging stations do not offer energy savings, most likely we would not be able to use that as a financing method.

So what is the benefit of rolling that into the option three. We already know the cost is 3.6. They're going to come back and tell us it's 3.6, but they can't finance it. I don't want to have the expectation that we're somehow going to get a financing option for this. If we don't want to move forward with it, that's fine. We don't have to move forward with it. But I think by rolling it into that, we already know it's 3.6 million.

There may be cost savings. That's why in the presentation it says it may be. Because we don't have a bid from them. So once we negotiate with them, we can get a bid, ask them to do more investigation on grants, if they're available, apply those, and give us a final price. Now, that may be lower or it could be higher. we have to negotiate that component.

That also negates the competitive bid process, which means costs would likely not be the lowest construction cost.

Correct. But again, the whole value of the energy upgrade program is for the locations where actually we use energy and we can reduce that energy and use that for the investment to upgrade city facilities, reduce the cost for the city. EV infrastructure obviously is the opposite side. The EV infrastructure actually uses energy. It doesn't save energy. I understand.

I still think we should follow the process.

Yeah.

Council Member Nygaard, do you have an initial question?

If the energy audit does look at Boyd and the police station and say that they're viable for solar, the energy savings from PG&E on those buildings would then now be applied to help offset the solar cost. And then that solar cost, that solar would now be helping to provide the energy for your EV charging.

That is correct. That would be a part of their work. But that's separate. They will be looking at solar panels. It will reduce the cost. And we can use that reduction in the cost to make the investment to build the solar panels. Yes, it can be used to benefit the EV chargers. But the EV chargers itself has a cost to itself.

Right. No, I get that. But we would be having some savings.

So there is a motion on the table. My intention was to... rolled them in so that when we've selected the bid, that they can do the complete evaluation. However, in order to maintain functionality for the city, that we have the short term, either 500,000 or less, if there's a potential opportunity for RENTAL. THAT IS MY MOTION TO THE TABLE. IS THAT YOUR UNDERSTANDING?

YES. I WANT TO ASK, IS THERE A WAY TO FUSE THAT MOTION WITH THE ABILITY THAT STAFF PROPOSED I UNDERSTAND IT MAY HAMPER THE TRADITIONAL PUBLIC BIDDING PROCESS, BUT IN TERMS OF BEING ABLE TO MEET THE GOAL, I LIKE HOW STAFF IS FUSING AND GIVING US MORE OPTIONS, AND MY UNDERSTANDING, THEY'RE GIVING US A REQUEST TO HAVE SOME LEEWAY WHEN THEY ACTUALLY GET INTO THE PROCESS TO BE ABLE TO GET THIS DONE FASTER. COUNCIL BEYOND THAT? THAT WAS MY UNDERSTANDING. THAT WAS MY MOTION.

SO YOU'RE MAKING A FRIENDLY AMENDMENT TO DO A DIRECT BID? DIRECT AWARD?

I WANT TO MAKE SURE WE'RE ALL SAYING EVERYTHING CLEARLY. I RESPECT THE PARTS OF 3 AND THE STOPGAP MEASURE THAT WAS PROPOSED WITH THE MOTION, BUT I BELIEVE DIRECTOR ANUJ RESTATED HIS SUGGESTION WHERE WE COULD HAVE LIKE SOME ABILITY TO NEGOTIATE. I'M STICKING TO THE WORD NEGOTIATE. CAN YOU SHED A LITTLE BIT OF LIGHT ON THAT? IS WHAT YOU'RE PROPOSING DIFFERENT THAN option three and the lease or the buying?

Yes, it is different because once we select the contractor, we will be able to negotiate that price. Now, let's say that they will say this will cost us four million and our engineering estimate is 3.6. That's not a good value for the city. So we do have the ability to negotiate any component of the construction with this kind of design build option that now we have available to the city. And we've done that in the past, design-build. We have never done that, but design-build is a great way to be able to deliver projects, be able to reduce the schedule, reduce the costs. That's why we have only provision to do design-build for facilities, and we're going to take advantage of that for the police substation. So once we select the contractor, we do have the options to negotiate that and ultimately we will make a decision if it is favorable to the city or if it is not.

I understand.

Councilmember, I just want to clarify, Deputy City Attorney. There are two, three different things we are discussing here about awarding the direct contract. We cannot do that legally because we still have to go and look into options, what's the cost. We have certain tires about the spending. We can make a best interest exception, but we have to see the cost. What vendors are there? What are options? That's about, I believe, the rental we were discussing, right? About the design build, this is the first time we are doing design build contract. We adopted the ordinance a few months ago, and now we are doing it. With design build, how this IGA thing is done will have an IGA report. And that IGA report will tell us if the cost we are putting up front will be less than our energy savings will be getting it. If the answer is yes, that's the only way we can proceed with this energy savings program legally because that's how we have bid it. If the cost of upfront is more than the savings we are expecting, we can't do it. It's legally we cannot proceed. So I just want to make sure you understand this before going into it.

Perfect. No, thank you. I appreciate it. I guess ultimately I was just trying to decide like is there a difference because I don't want to brush off staff's technical expertise. Is there a difference in what was proposed option three and looking into option one? compared to what you stated?

It seems to give us more leeway, but... Option one is a gap measure, just to give us the ability to have charging station. Option two is to go out to public bid. We publicly bid it, and we have to award it to the low bidder.

I hear you. Okay. So if... Because right now what's being proposed is option three combined with option one. At least looking... That's the motion that's on the table, right?

Because it was the option three and then looking into it. Not quite. It was rolling in the option two into three, which is what I heard from negotiation. Correct. Direct bid that is unlawful.

So option three is already in the request for proposals for all of these energy contractors. So we've already put it in there. We have an option to remove it or continue forward with it. Okay.

I APOLOGIZE. WHEN YOU MADE A MOTION, I DIDN'T HEAR THAT OPTION 2 WAS ROLLED INTO THAT. MAYBE I MISHEARD. I THOUGHT IT WAS IN LINE WITH MY ORIGINAL COMMENTS OF OPTION 3 AND THEN LOOKING INTO IT. ARE YOU UNDERSTANDING? I SEE THAT YOU MIGHT BE.

I'M GOING TO STOP YOU RIGHT THERE. THERE'S CONFUSION. AND, STAFF, THIS HAS BEEN INCREDIBLY CONFUSING. FOR THE FUTURE, THIS HAS NOT BEEN EFFECTIVE. OPTION 3 STATES integrating the EV infrastructure deployment with the citywide energy upgrade program. That is...

Which is a design-build process.

Correct.

Option two is not a design-build process. That would have to go through our regular. We cannot direct. So it's two separate processes. So if we roll in two to three and make it a design-build process, we can roll it into that process. If you want to do option two standalone and not roll it into the design-build process, that goes to our regular procurement process. We'd bid it out lowest bidder. I think that's the distinction.

So option three, there's an opportunity to roll in design build from two to see whether there are any cost savings or not.

Yes.

Correct. That's what my intent is. Okay, so I'm going to withdraw my prior motion because it has been too confusing. So my new motion is to move forward with option three and to include design build elements and then reevaluate at that time.

Second.

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

Mayor Ariella?

Yes.

Councilmember Evans? Yes. Councilmember Bedoya? Yes. Councilmember Neidhard? Yes. Yes. Mayor Pro Tem Abercrombie?

Yes. As to my second motion, as it relates to option one, I would be supporting option one up to the amount of $500,000 or an alternate temporary option, if it exists. Second. We have a first and second. Roll call, please. Mayor Areola?

Yes. Mayor Areola?

Yes.

Mayor Pro Tem Abercrombie? Yes. Councilmember Bedoya?

Yes.

Councilmember Evans?

Yes.

Councilmember Nygaard? Yes.

Okay. Thank you, staff. I think we have some internal conversations to have, and then we'll... Mayor, can I just clarify?

Do you want us to come back on option one with the costing, or do you want us to just proceed forward with the most...

The most economically, the least cost?

Up to $500,000.

Was that everyone's understanding?

My understanding is we're bringing this back to council as a whole for us to evaluate and give direction to move forward.

That was the first motion, not the second motion.

OK, so can I withdraw my approval of the second motion? Because I would like the entire evaluation to come back before we make a decision. That's what I thought we were all discussing up here was then I asked that earlier. And that was the.

I saw the heads nod, so I guess I get. Are you asking is clarification Councilmember Evans so option? the second motion the mayor made of option one is now telling staff whichever is if vault is less we're just giving our approval to go with vault or if the 500 000 is less than going that and that would never come back to council for discussion is that what i'm understanding it doesn't need to come back for council because you don't have vault on the agenda

SO MAYOR AND COUNCIL, SORRY, MAYBE TO HELP CLARIFY HERE, THE ITEM AS AGENDIZED, IT TALKS ABOUT OBVIOUSLY GIVING THE INFORMATIONAL UPDATE, BUT IT DOES STATE THE REQUEST THAT STAFF RETURN WITH THE NECESSARY RESOLUTIONS AND OR FUNDING REQUEST AT A FUTURE CITY COUNCIL MEETING. AND SO I DO THINK, YOU KNOW, ONCE THAT IS FIGURED, YOU KNOW, TO KEEP WITH THAT, I WOULD ADVISE THAT WE DO BRING THAT BACK AS EXPEDITIOUSLY AS POSSIBLE. SO I THINK, MAYOR, I THINK WE'VE CAPTURED YOUR KIND OF OPTION ONE REQUEST WITH COUNCILMEMBER EVANS. idea to bring this back, if that makes sense.

Is it clear enough for staff for the record?

Okay. Cool. Then you're good now.

Yes.

I'm good, thanks.

Okay. So these were informational items that will have to come back from council for affirmation. Fantastic. All right. That takes us to items from the audience. Would any members of the public like to speak on an item not on tonight's agenda? Okay, we see one hand. That'll be four minutes. Please proceed. Was there a second? I didn't catch that. I think he's working.

You guys always get to pick your own ads at the end, so I just wanted to skip.

Can you speak into the mic? I can't quite hear you.

I'm sorry, you guys always get to pick your own ads at the end, so I just wanted to pick my own ad. Let's save the date for October 4th. The library, in conjunction with the Friends of the Library, is sponsoring Manhattan Shorts. It's a worldwide film festival. THERE WILL BE THE FINALS. MORE INFORMATION TO COME AS MANHATTAN SHORTS GIVES US THE INFORMATION, BUT I JUST WANTED TO GET A SAVE THE DATE OUT, AND I'D LOVE TO SEE ALL OF YOU THERE. THANK YOU.

DO YOU HAVE ANY KIND OF TIMEFRAME ON THAT, MR. DUBIER, OR NOT? OCTOBER 4TH. JUST OCTOBER 4TH, BUT SOMETIME DURING THE DAY. OKAY, THANK YOU.

IT COMES FROM NEW YORK, SO IT'S GOING TO BE A DAYTIME THING HERE, BUT THEY'RE DOING IT WORLDWIDE, SO IT'S PROBABLY GOING TO BE AFTERNOON HERE.

THANK YOU.

NEW SPEAKER THANK YOU. NEW SPEAKER THANK YOU, MR. DEPIE.

ANY ADDITIONAL SPEAKERS? SEEING NONE IN CHAMBERS, DO WE HAVE ANY ONLINE? WITH THAT, I'LL GO AHEAD AND CLOSE OUT THE AUDIENCE. DO WE HAVE ANY STAFF ITEMS?

Good evening, Mayor. Just a couple of updates. Did want to let folks know that Clive Bland Park is temporarily closed for the next couple of days, August 18th and 19th, while we do some cosmetic repairs on the existing BMX pump track. So if you go there and it's closed, it's just closed for a couple of days as they do some repairs on some of the cracks that have formed. Also, just want to let you know there's progress still happening at the track. um we have site improvements including the parking lot and landscaping that are underway and interior finishes and building systems continue to advance the building's glass curtain wall is currently being manufactured and is anticipated to arrive in september so that's that big glass wall that was going to take a quite a long time to to produce and it's hopefully going to be on its way in september Just a reminder that the general plan update is currently underway. We have a committee that is there. Please visit our website to look for, to see the different community opportunities for the community to participate in shaping the way that general plan GETS UPDATED. ALSO THE GRAND THEATER, MANY OF YOU PROBABLY GOT IT IN YOUR MAIL. THE 26-27 SEASON IS UP AND THERE'S A NUMBER OF WONDERFUL OFFERINGS SO I HOPE YOU WILL CHECK IT OUT AND VISIT US AT THE GRAND. THAT'S ALL I HAVE THIS EVENING.

NEW SPEAKER THANK YOU MS. LIGHTWOOD. THAT BRINGS US TO COUNCIL ITEMS. DO YOU HAVE ANYTHING ON THIS SIDE? COUNCIL MEMBER ABBADUDA.

NEW SPEAKER THANK YOU MAYOR. I JUST HAVE ONE. WANT TO SAY THANK YOU TO STAFF FOR FIRST MEETING BACK AFTER THE RECESS. GOOD TO SEE YOU ALL AND COUNCIL AS WELL. and residents. Just wanted on the record, I asked staff for a return item for a sustainability action plan back in 2021. In 2023, the Environmental Sustainability Commission stood up as part of that groundwork and it does matter because of the water energy access. What I always heard from staff when it's asked about up here is that the plan gets folded into the general plan update and that's going through the committee process as we heard now and it's on its way. My ask would be simple. Can we get a SEMIFIRM DATE AND WHEN THE COMMISSION OR COUNCIL WOULD BE HEARING SOME KIND OF AN UPDATE WITH THE PLAN. I DON'T HAVE THAT. IT CAN BE OFFLINE. IT DOESN'T HAVE TO NECESSARILY BE TODAY. I'VE HEARD. SO IT WOULD BE A GOOD THING. JUST GET A ROUGH IDEA. OKAY.

ANYTHING MAYOR PUTIN? COUNCILMEMBER EVANS? it's after 10 so i'll make it um really quick or at least i'll try to two things once real quick just wanted to say thanks to everybody that came out and spoke their minds tonight it's great to see residents coming in this is your house and that helps us do our job helps keep us also in check and we need more people coming in. So it's nice to see you out there. Also, we did have a constituent make a request for consideration of Portuguese flag. And I don't know if, do I need to request that from the dais or?

You would want to ask us to bring back a discussion item for council?

Yes, under the flag policy. Is that for a particular date or event? I don't know. I think it is. I'd have to go back. I know I gave it to staff with dates. I think it's the month of June. Yes. Maybe the month of June. Sounds right. Okay. So month of June or whatever we consider. You know, I guess my request is to bring it before council, discuss it, come up with, you know, what we think is reasonable and move forward.

I'll give you a second on that. Does he need three? Okay. So I'll give a second on that.

I guess I have concerns with June already having another flag up during the month.

We have.

And if there's not a particular, does staff recall what the particular event was?

What did we have in the month of June?

No, what did Councilmember Evans provide you?

I believe it was a, I think it was the month of June for Portuguese.

I think it's Portuguese month, isn't it? Or something. I think that's the recognition of, I think I saw.

I'm looking for the Portuguese Heritage Month. Yeah, Portuguese Heritage Month. And if, you know, the request isn't to approve the flag, it's to discuss and discuss options. And if it doesn't work for a month, maybe there's another possibility.

Yeah, I've received, I've previously received requests for day of Portugal flag, but it was a day event.

So that may be acceptable as well.

I'd provide a third for consideration of some raising.

We'll bring back a discussion item for council to discuss and provide direction. Okay.

That's all I have. Thank you. Thank you. Council Member Nygaard.

thank you mayor um i am going to ask that uh we actually bring the climate action plan back to council and for an ad hoc committee it has been um you know we we approved for an ad hoc a couple months back and then we decided that it would probably be more efficient just to roll it into the general plan but the general plan can take up to five plus years and i really think that you know the climate action plan is something that is um critical in a lot of the decisions we're making tonight if we had a climate action plan and expelled out a lot of these sustainability actions would already be defined so i'd like to see if i could get some consensus and bringing that count that climate action plan back into an ad hoc committee and that we get it updated as fast as possible

I would second.

If I just need to.

Yeah. And to clarify, Council Member Nagy, we will, based on that consensus of the three members, we will bring that item back for you all to consider forming an ad hoc at the next or a regularly scheduled meeting.

And also that we could still utilize De Novo as a consultant if needed, if that's possible.

Council Member Nygaard, it's in their current work scope, so it shouldn't be a problem. So we'll bring that item back at the earliest next possible meeting for discussion. Thank you. So that won't be a problem, so that there will be two Council Members appointed. But if I may, and if it's okay, could I get some clarification on Council Member Medoya's item? Is it an update on the sustainability action plan? that you're seeking. I just want to make sure we get you exactly what you're looking for. And I think I just lost the train of thought when you were finishing your item before I could write that.

I hear you. I think in our city we use climate action plan and sustainability action plan interchangeable, right?

Yeah.

Yeah. Which is my way of respectfully flagging that I had asked for it in the past without, you know, beating down your guys' door to bring it to us before it may be ready? Does that kind of make?

Yes, because when I think about sustainability, I always think about the ESC, the Environmental Sustainability Commission. I think partially why Councilmember Nygaard, if I may be so bold, is asking for this is in order to speed up the update on the climate action plan. in order to get ahead of the general plan. So I think this request and the work that the ad hoc committee is doing will probably align with your request. And that may be responsive to your request, but I'm not sure how you feel about it.

That sounds about right.

Okay.

AND COUNCILMEMBER EVANS, JUST A QUICK CLARIFYING QUESTION. YOU'RE ASKING FOR CONSIDERATION LATER, IT'S THE PORTUGUESE, IT'S A COMMEMORATIVE FLAG, NOT THE ACTUAL FLAG OF PORTUGAL, IS THAT CORRECT?

IT'S IN THE E-MAIL. HONESTLY, I'M NOT SURE. IF STAFF COULD JUST LOOK AT THE E-MAIL. OKAY. I WANT TO SAY IT'S THE PORTUGUESE FLAG, BUT I HONESTLY AM NOT SURE.

Yeah, we'll look at that. I think the policy was adopted before I got here just to see if it would need to be a commemorative flag versus the actual flag of another nation. But, you know, we'll bring that back. Yeah.

And if it's if it doesn't fit the policy, you know, you can let me know. I can ask the constituent to reconsider another option. And I think that's the idea. Bring it bring it forward. And, you know, I'll ask them to be here and.

In my understanding, there is a commemorative like flag that's different than the actual flag of a nation that other places in the area have flown. And that could be something I think that might jive with the policy. But we'll look into that and bring that back.

Absolutely. Yeah, I'm not looking to change policy. So thanks.

I have two more. So I have another ask. I'd really like to have a discussion item come back to the council on looking at how we could address our general fund parks and what type of opportunities or funding mechanisms we could use to just have a more uniform park appearance. THE GENERAL FUND PARKS, YOU KNOW, ARE NOT FUNDED WITH CFDs OR LMDs AND, YES, THEY'RE ON THE BOTTOM OF THE TOTEM POLE. SO WE'D LIKE TO TRY AND ADDRESS HOW WE CAN HAVE A DISCUSSION ON THAT.

NEW SPEAKER PELOSI SECOND.

and My last request is in our consent items tonight. There was a motion a item about you know Parking in downtown business district. I would like to at a future time Be able to see if we could do a parking study downtown parking is really coming to a significant issue. We've lost two of our smaller unit or vacant lots and we're having more activities downtown and it impacts a lot. If we could figure out how we can improve parking, maybe it's just signage. I don't know, but I think we need to really look at how we can address our downtown businesses and our events and have ample parking.

I will second that, but if I can make a friendly amendment to it, there's a parking lot that have been meeting task staff about the parking lot right next to the post office. And not sure what happened, but it was recently overlaid and striped. Looked beautiful. Now there's weeds coming up through it because it was gated off, like chained off and not used for like months. I don't know why.

I can share on that. That is a private owner. He owns the little strip mall where we have Chapter 2. And yeah, he's very strict. And it comes with the old Penny's building. That is that personal parking lot.

I'm wondering if the city can...

engage that property owner and see if there's anything we can do he did go through the expense I'm just not clear why he didn't well we asked that months ago about empty lots in the downtown business district that was one of the empty lots to see if there's a way we could possibly have conversations with all those parking lot owners and empty lot owners for leasing or whatever improving parking so um don't know if we include that and yes I don't know if we ever we didn't hear anything back I agree

It's it's going to be OK. We have a 1st, 2nd and 3rd big problems.

And last I just want to say thank you to fired PD and all of our community neighborhoods that actually celebrated National Night Out. It was an amazing evening. Lot of great neighborhood fun and I just thank our PD and our fire for coming out and just making that a really special night. Thank you very much.

All right as for my comments just want to welcome back to school our students, teachers, staff, and families and I wanted to also take a moment to thank staff and this City Council for their efforts in finalizing the stipulated judgment to resolve the Surlin litigation matters which was which finally ends our final barrier to building an aquatic center and I very much look forward to that moving forward for this community. With that, I will take a motion to adjourn. Second. We have a first and a second with Mayor Pro Tem. Roll call, please.

Mayor Pro Tem Abercrombie.

Yes.

Council Member Nygaard. Yes. Council Member Bedoya.

Yes.

Council Member Evans. Yes. And Mayor Areola.

Yes. All right. We are adjourned at 1019. Thank you.