[00:09:31] . GOOD MORNING. I'D LIKE TO LET YOU KNOW THAT [00:09:33] THE COUNCIL MEMBERS WILL BE ABOUT 15 MINUTES LATE AND I [00:17:36] AM ON [00:27:38] THEM . I I I I [00:32:08] EVERYONE APOLOGIES FOR THE DELAY. >> WE RAN OVER A LITTLE BIT [00:32:12] CLOSED SESSION. SO JUST IN TERMS OF HOW TODAY WILL WORK, WE'RE GOING TO CALL [00:32:16] TO ORDER THIS OF THE SANS THE CITY COUNCIL FOR THE MORNING OF JUNE 18TH 2024 JUST BEFORE WE CALL THE ROLL. WE WILL GET THROUGH AS MANY ITEMS AS WE CAN UNTIL ABOUT 1230 ROUGHLY. >> WE'LL SEE HOW WE'RE DOING. WE ARE GOING TO TAKE A RELATIVELY SHORT RECESS FOR LUNCH. THE PLAN IS TO RESUME AT 130 AND DO OUR INVOCATION CEREMONIAL ITEMS AND ADJOURNMENT AT THAT 130 WHEN WE WHEN WE RESUME. >> TONI, WOULD YOU PLEASE CALL THE ROLL OR HEAR YOUR PRESENT HERE HERE PRESENT HERE HERE. >> OKAY. THANK YOU. NOW IF YOU'RE ABLE PLEASE STAND AND JOIN ME IN THE PLEDGE OF ALLEGIANCE. I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS FOR MY NATION INDIVISIBLE WITH LIBERTY AND JUSTICE FOR ALL. THANK YOU. WE'RE NOW ON TWO ORDERS OF THE DAY. DOES ANYONE ON COUNCIL ANY CHANGES TO THE PRINTED AGENDA? >> I'M NOT SEEING ANY. >> MOVING ON TO THE CLOSED SESSION REPORT. >> THANK YOU. I'M SORRY. THANK YOU MAYOR. WE HAVE ONE THING TO REPORT OUT OF CLOSED SESSION. WE RECEIVED AUTHORITY ACTUALLY RENEWED AUTHORITY TO JOIN AN AMICUS BRIEF BEING FILED MAJOR CITIES IN THE UNITED STATES RELATING TO THE RULE ON THE DEFINITION OF A FRAME OR RECEIVER OR AN IDENTIFICATION OF FIREARMS AS SET OUT BY THE ATF. AND THIS RELATES TO GHOST GUNS . IT'S A PETITION OR IT'S JOINING AN AMICUS PETITION IN THE SUPREME COURT FILING. >> THANK YOU. OKAY. THANK YOU FOR THAT REPORT OUT OF CLOSED SESSION. WE ON TO ITEM 3.3 WHICH IS APPROVAL OF VARIOUS BUDGET ACTIONS FOR FISCAL YEAR 2023 2024. TONI, DO WE HAVE ANY PUBLIC COMMENT IF NOT ON THIS ITEM? >> OKAY. THANK YOU. COMING BACK TO THE COUNCIL COMMENTS A MOTION. >> I'LL MOVE APPROVAL TO WAVE A SECOND. >> OKAY. SECOND FROM COUNCILOR THE I DON'T SEE ANY HANDS. >> ACTUALLY I'M SORRY COUNCILOR ORTIZ IS YOUR HAND UP? IS YOUR HAND UP BY SIR MICHAEL? I'M SORRY. NO. [00:35:03] >> OKAY, TONI, WE'RE READY TO VOTE. >> MOTION PASSES UNANIMOUSLY WITH HAMMOND AS IN DAVIS ABSENT. >> GREAT. THANK YOU. UNDER ITEM 3.4 ADOPTION OF THE ANNUAL APPROPRIATION ORDINANCE IN THE ANNUAL FUNDING SOURCES RESOLUTION FOR THE FISCAL YEAR 2024 2020 FIVE BUDGET AND RESOLUTION THE FISCAL YEAR 2024 2025 APPROPRIATION LIMIT. >> TONI DO WE HAVE ANY PUBLIC COMMENT? NOT ON THIS ITEM. >> GREAT. THANK YOU. COMING BACK TO THE COUNCIL, DO WE HAVE COMMENTS, QUESTIONS OR A MOTION FOR SECOND? >> THANK YOU. MOTION FROM FOLEY SECOND FROM THE VICE MAYOR. >> LET'S VOTE. >> MOTION PASSES UNANIMOUSLY WITH DAVIS AMENDMENT AS ABSENT . >> OKAY. THANK YOU. ALL RIGHT. NEXT IS THE CONSENT CALENDAR. LET ME TRY OUTLINE HOW WE'LL PROCEED ON CONSENT AND I'LL ASK MY COLLEAGUES TO CONFIRM THAT I HAVE THIS RIGHT. >> LEADERS A REQUEST TO PULL FOUR ITEMS THAT HAVE MEMOS ATTACHED ANY ITEMS OF THE MEMO ATTACHED WE WILL TAKE UP INDIVIDUALLY AND VOTE ON SEPARATELY WILL TAKE PUBLIC COMMENT ON EACH OF THOSE AND THEN WE'LL ENTERTAIN A MOTION ON THE CONSENT CALENDAR AS A WHOLE. >> THIS IS WHAT I HAVE IN TERMS OF REQUESTS FOR ITEMS TO PULLED. WE HAVE COUNCILOR FOLEY WILL PULL ITEM 2.23 FOR COMMENT AND THERE IS A THERE IS A MEMO COUNCILOR WARN WILL PULL ITEM 2.37 AND THERE'S A A MEMO OR TWO THERE. >> COUNCILOR FOLEY WILL PULL ITEM 2.40. THERE'S ALSO A MEMO AND COUNCILOR FOLEY WILL PULL ITEM 2.42. >> SO THOSE WERE THE FOUR THAT I HAD AM MISSING ANY. >> COUNCILOR TORRES. >> THANK YOU MAYOR. I JUST HAVE A I HAVE A QUESTION ON ITEM 2.1 12 2.2 SORRY. >> OKAY. JUST BEFORE YOU ASK THAT LET ME SEE IF THERE'S ANYTHING ELSE PEOPLE. ANY OTHER ITEMS PEOPLE LIKE TO POLL FOR COMMENT OR A SEPARATE MOTION? >> COUNCILMEMBER ORTIZ I'D LIKE TO PULL 2.12 FOR A SEPARATE MOTION. >> 2.12 SAME ONE. YEAH, SAME ONE. YEAH. OKAY. ALL RIGHT. SO WE CAN START THERE. >> COUNCILMEMBER TORRES. GREAT. AND I DON'T KNOW WHO IS SOMEONE FROM ENVIRONMENTAL SERVICES HERE BECAUSE I HAVE A QUESTION THAT THAT JUST CAME UP SUDDENLY I HEARD I WAS TOLD FROM FROM THE FROM THE BARGAINING UNIT HERE AT THE AT OUR WASTEWATER FACILITY THAT THERE ARE SOME WAGE THEFT ISSUES HAPPENING WITH THIS WITH THIS CONTRACTOR. AND SO I JUST WANT TO KNOW IS THAT IS THAT TRUE? CAPELLA VERMA DEPUTY DIRECTOR SIPP ITEM 2.12 IS FOR AN INCREASE IN COMPENSATION FOR PROFESSIONAL SERVICES FIRM KENNEDY JENKS CONSULTANTS IS THAT CORRECT YES. KENNEDY. JENKS YES. AND I APOLOGIZE THE QUESTION AGAIN IS WE'VE BEEN HEARING THAT THERE'S THAT THERE'S CONCERNS ABOUT WORKER SAFETY AND OR WAGE THEFT. AND IS THERE IS THERE AN INVESTIGATION HAPPENING WITH THIS WITH THIS BIDDER? I KNOW THERE ISN'T. NOT TO THE BEST OF MY KNOWLEDGE. >> ALL RIGHT. IS THERE IS THERE ANYBODY ELSE I MEAN BECAUSE THAT'S FOR ME THAT'S A GREAT CONCERN. IS THERE ANYBODY IN OUR IN OUR OFFICE OF LABOR STANDARDS WHO HERE WHO CAN WHO CAN ANSWER THAT QUESTION? >> YEAH, I SEE MATT COMING DOWN OR PUBLIC WORKS DIRECTORS COMING DOWN AND HOPEFULLY TO THIS ITEM LIST DIRECTOR PUBLIC WORKS I APOLOGIZE I DIDN'T GET TO THE NATURE THE WHOLE NATURE OF THE QUESTION. I'M NOT AWARE OF ANY PARTICULAR WAGE THEFT ITEM AT A PARTICULAR PROJECT. COULD YOU REFERENCE ONE THAT I'M THAT I CAN LOOK UP AND GET SOME RESEARCH ON. >> WELL I DON'T HAVE A I DON'T UNFORTUNATELY I DON'T HAVE A SPECIFIC ONE BUT I WAS I WAS TOLD THIS MORNING THAT THERE THAT THERE'S SOME CONCERNS WITH WORKER SAFETY ESPECIALLY WITHIN THE WHO THE PERSON OR THE COMPANY BIDDING FOR THIS FOR THIS FOR THIS ITEM PROJECT THAT I THINK IS BEFORE YOU THAT IS REFERENCING I THINK IT'S JUST A PLACE THAT WE HAVE AN EXISTING MASTER CONSULTANT AGREEMENT [00:40:02] CONTRACT PROFESSIONAL SERVICES ENGINEERING FIRM SO THEY'RE WORKING ON THE THE PLANNING AND DESIGN OF A CONSTRUCTION PROJECT. SO THEY'RE NOT CURRENTLY BIDDING ON ANYTHING. >> OKAY. THE FIRM IS KENNEDY JENKS IS THAT CORRECT? >> OKAY SO MAYBE MAYBE MY QUESTION SHOULD BE DOES KENNEDY JENKS HAVE ANY TYPE OF VIOLATIONS WHICH THEY'RE VIOLATIONS OR WORKING WORKING WORKER SAFETY VIOLATIONS IN THEIR DOCKET? >> NO, THEY DO NOT. OKAY. SO AGAIN THIS IS PROFESSIONAL SERVICES FIRM. THIS IS NOT THE CONSTRUCTION CONTRACTING FIRM THAT WOULD BE WORKING ON THESE PROJECTS AND SO I'M NOT AWARE OF ANY WAGE THEFT ALLEGATIONS OR ANY ISSUES THAT WE'RE INVESTIGATING AT THIS TIME WITH. >> KENNEDY JENKS AT THE RFP WITH US. OKAY, GREAT. THANK YOU. >> OKAY. COMES FROM ORTIZ. >> YEAH. I WANT TO MAKE SURE THAT BEFORE STUFF GOES UP FROM WHAT I HEARD IN THE SAME VEIN AS COUNCILMEMBER TORRES, I HEARD THAT A IT'S A COMPLIANCE INVESTIGATION THAT WHAT THEY'RE DOING IS HAVING IMPROPER, YOU KNOW, WORKERS THAT AREN'T NECESSARILY TRAINED ON SPECIFIC TOPICS OR TRADES WORKING ON THE WRONG TRADES WITH LIKE MISCLASSIFICATION AND THAT THERE'S A CURRENT INVESTIGATION THIS. IS THIS HAVE YOU HEARD OF THIS OR WELL IN CONJUNCTION WITH KENNY JINKS PROFESSIONAL SERVICES CONTRACT I'M NOT AWARE WE HAVE WE HAVE STAFF ASSIGNED TO THE REVIEW OF THE MASSIVE CONTRACTS THAT WE HAVE IS STUFF DEDICATED TO DOING LABOR COMPLIANCE AT THE REGIONAL FACILITY AND IF THERE'S PARTICULAR THINGS THAT WE NEED TO INVESTIGATE WE'LL BE HAPPY TO. WE'RE PROBABLY LOOKING UP AND REVIEWING ALL THE PROJECTS ALL THE TIME. >> JUST SPEAK A LITTLE BIT CLOSER TO MY POINT SO I'M NOT AWARE OF ANY PARTICULAR THING THAT'S UNDER INVESTIGATION AT THIS BUT WE'RE REVIEWING ALL SORTS OF THINGS AT THE REGIONAL WASTEWATER FACILITY WE HAVE STAFF THAT'S ASSIGNED TO THESE PROJECTS FOR LABOR COMPLIANCE AND SO IF THERE'S A PARTICULAR THING WE'VE NOT BROUGHT FORTH ANYTHING AT THIS TIME ESPECIALLY AS IT RELATES TO KENNEDY JINKS. >> ALL RIGHT. AND THEN MY QUESTION IS IS THERE ANY ISSUE WITH, YOU KNOW, TAKING TIME TO TO INVESTIGATE AND DEFER IT UNTIL AUGUST THAT WOULD BE ABLE TO BE WITH WITH ESD STAFF BECAUSE THIS IS THEIR PROFESSIONAL SERVICE STAFF? >> THANK YOU. >> I THINK I UNDERSTAND THE QUESTION AND ONLY CONCERN AROUND THAT IS IT'S AN ACTIVE DESIGN AND CONSTRUCTION PROJECT AND BY HITTING PAUSE WE DO LOSE TIME MONEY OUT IN THE FIELD A MONTH. >> YEAH. OKAY. OKAY ALL RIGHT. YOU KNOW, I JUST WANT TO MAKE SURE WE ARE UTILIZING THE CITY FUNDS PROPERLY. >> I DON'T FEEL COMFORTABLE WITH ALLEGATIONS THROWN AT A SPECIFIC CONSULTANT CONTRACTOR AND I THINK, YOU KNOW, I'M NOT SAYING WE NEED TO STOP THEM FROM RECEIVING THIS WAGE INCREASE. >> I JUST WANT TO MAKE SURE THAT BEFORE WE VOTE WE'RE WE'RE CONFIDENT WORKERS ARE NOT BEING MISTREATED. SO I'M GOING TO MOTION FOR A DEFERRAL ON THIS ITEM UNTIL AUGUST. >> OKAY. THANK CAN STEPH. >> THANK YOU. SO OKAY. >> THERE'S A MOTION ON THE FLOOR ON ITEM 2.1 TO WHICH WE'VE PULLED OUT AND WILL TAKE UP FIRST HERE JUST BEFORE WE GO TO PUBLIC COMMENT. >> I'M A LITTLE CONCERNED THAT WE DON'T HAVE MUCH INFORMATION. THIS IS A VERY VAGUE ALLEGATION. I HEARD WAGE THEFT AND I HEARD WORKER SAFETY. I'M A LITTLE CONCERNED THAT WE ARE COMING AT THE VERY LAST MINUTE HERE WITH A WITH A VAGUE ASSERTION WITH NO INFORMATION. >> I WANT TO UNDERSTAND THE COST OF THIS? >> WE HAVE A LOT OF CONTRACTS WE HAVE A LOT OF WORK IN PROGRESS IF WE START ON THE BASIS OF A VAGUE ALLEGATION AT THE 11TH HOUR DELAYING PAYMENT AND SLOWING DOWN PROJECTS AND INJECTING THAT KIND OF UNCERTAINTY, WE COULD BE A LOT OF COST. WE MAY HAVE PEOPLE LESS WILLING TO BID ON OUR CONTRACTS. IT'S A LITTLE CONCERNING FROM A PROCESS STANDPOINT. I'M OPEN SUPPORTING THE MOTION BUT IT ALSO DOES RAISE ITS OWN SET OF CONCERNS FRANKLY. I MEAN I DON'T KNOW IF STAFF HAS ANY MORE INFORMATION. I KNOW THIS VERY LAST MINUTE. I'M ALSO CURIOUS WHAT THE POTENTIAL RISKS OR COSTS ARE TO DELAYING THIS TO AFTER THE SUMMER RECESS. THANK YOU. MAYOR CORY ROMANO DIRECTOR ENVIRONMENTAL SERVICES AS AND AS WE'VE DISCUSSED WE'VE NOT HEARD OF OF THESE COMPLAINTS. WE WOULD LOVE FOR YOU TO FORWARD THEM AND AND SHARE WITH US AND AND WE WILL DEFINITELY PARTNER WITH PUBLIC WORKS TO INVESTIGATE THOSE. BUT BUT WE HAVE NOT SEEN THOSE COMPLAINTS AND THIS IS A ROUGHLY $5 MILLION PROJECT AND WE'RE LOOKING TO ADD ABOUT ONE TO ABOUT 125,000 TO FINISH THE PROJECT UP. WE WOULD LIKE TO MOVE FORWARD WITH THE AND THEN CERTAINLY AS AS A PUBLIC WORK DIRECTION WORKS DIRECTOR STATED WE DO PUT A LOT OF EFFORT ON ON [00:45:08] INVESTIGATING WAGE THEFT AND MONITORING THE CONTRACTORS OUT AT THE FACILITY AND I DON'T THINK WE'VE HAD CONFIRMED WAGE THEFT OUT THERE IN PARTICULAR SO. SO CURRENTLY AGAIN FROM QUALITY STAFF OR LABOR COMPLIANCE WE DON'T HAVE ANYTHING ON KENNEDY JENKS IN PARTICULAR AND WE HAVE NOT HEARD OF ANYTHING OF WORKER SAFETY ISSUES WITH KENNEDY JENKS SO WITH AS RELATES TO THIS PARTICULAR PROJECT WE DON'T. AND PARTICULAR VENDOR WE DON'T HAVE ANY ALLEGATIONS OR WE'RE NOT INVESTING ANYTHING AROUND LABOR COMPLIANCE AT THIS TIME AND MAT OTHER THAN A LAST MINUTE AND LOOK THE COUNCIL IS ABLE TO THE ITEM I'M NOT DISPUTING THAT I'M JUST TALKING ABOUT PROCESS HERE AND HOW WE'RE PERCEIVED AS A AS A CONTRACTING AGENCY AS AN EMPLOYER WHAT IS THE WHAT WOULD BE THE PROCESS FOR OTHER THAN RAISING SET LITERALLY RIGHT BEFORE COUNCIL VOTE WHAT WOULD BE THE RIGHT WAY TO RAISE THIS KIND OF CONCERN? SO IF THERE'S ALLEGATIONS OF WAGE THEFT WE WOULD BRING IT TO OUR LABOR COMPLIANCE STAFF AND THEY WOULD INVESTIGATE, THEY WOULD SPEAK TO THE WORKERS THAT REVIEW PAYROLL REVIEW THEIR WORK AND THEN IF THERE FOUND IF WE DO FIND THAT A WORKER HAS BEEN HARMED AND NOT PAID WITH THEIR APPROPRIATELY BASED ON THEIR WORK, THEN WE GET WE SEEK TO GET THEIR MONEY REPAID AND THEN POTENTIALLY FIND CONTRACTOR AND HAS OUR LABOR COMPLIANCE STAFF RECEIVED ANY COMPLAINTS ABOUT KENNEDY CONSULTANTS WHICH IS AT THE TAIL END OF A $5 MILLION PROJECT? >> I'M NOT AWARE OF ANY AGAINST KENNEDY JAMES AND OUR STAFF IS NOT DOES NOT CURRENTLY HAVE ANY INVESTIGATIONS GOING AROUND KENNEDY JENKS FOR LABOR COMPLIANCE AND WORKER SAFETY THAT WE'VE BEEN RAISED TO. WORKER SAFETY WOULD BE ONE THING SOMETIMES COMES TO OUR LABOR COMPLIANCE TEAMS THEN OSHA'S INVOLVED IF THERE'S OTHER THINGS AND OTHER INVESTIGATORS THAT REVIEW THAT WORKER SAFETY AS WELL. >> ALL RIGHT WELL WE HAVE OTHER HANDS UP. I'M INTERESTED TO HEAR WHAT MY COLLEAGUES THEIR QUESTIONS AND COMMENTS SO THEY OPEN THIS BUT IT IS UNUSUAL AND AND CAN HAVE REAL DOWNSIDES DOES NOT FEEL LIKE THE PROCESS THAT SHOULD BE FOLLOWED FOR LABOR COMPLIANCE COMPLAINTS. >> OKAY. LET ME TURN TO COUNCILMEMBER CODE. >> YEAH. I MEAN I DON'T KNOW WHAT OTHER QUESTION TO ASK. HE KIND OF ALREADY ASKED QUESTIONS BUT IT'S A LITTLE FRUSTRATING BECAUSE WE SIT ON THE TREATMENT PLANT ADVISORY COUNCIL WHICH CONSIDERED THIS CONTRACT LAST WEEK AND I WOULD HOPE THAT WHEN THINGS COME BEFORE THE PRE REVIEW BOARD THAT THAT REVIEWS THESE THAT WE WOULD HEAR IF THERE WAS A SPECIFIC CONCERN ABOUT A CONTRACT BEFORE IT GETS TO THIS STAGE. SO IT KIND OF MAKES ME NERVOUS TO TO TAKE AN ACTION THAT COULD AFFECT THE TIMING OF A PROJECT AT THE TREATMENT PLANT WE HAVE A LOT OF IN THE AIR AT THAT PLANT AND I'M JUST CONCERNED ABOUT WHAT WHAT THE RESULT OF THIS DELAY WOULD BE IS DOES THIS CAUSE A DELAY? IS THIS SOMETHING THAT IS ALL GOING TO BE DONE NOW OR AS AN EXTENSION THAT HAPPENS AFTER AUGUST AND WHAT ARE THE CONSEQUENCES OF DELAYING THIS AT THIS POINT? >> AND COUNCILMEMBER AS A COUPLE SHARED THERE WOULD BE SOME INHERENT COST WITH PUTTING UP PUTTING PROJECT ON PAUSE BUT HAVING SAID THAT AND WE KNOW ONCE WE RECEIVE COMPLAINTS AND WE INVESTIGATE THEM WHETHER WE KIND OF AWARD THIS ADDITIONAL FUNDS OR NOT. SO NOTHING PRECLUDES US FROM DOING AN INVESTIGATION OF OF WAGE THEFT ALTHOUGH WE HAVE NOT HAD THOSE COMPLAINTS FOR THIS PARTICULAR CONTRACTOR AND JUST BE CLEAR WE THIS IS AN ENGINEERING SERVICES THIS IS ARE ARE THESE ARE NOT THE CONTRACTORS DOING THE LABOR THE SKILLED LABOR WORK RIGHT? >> YEAH THAT'S CORRECT FOR THIS CONTRACT IT'S PROFESSIONAL ENGINEERING PROFESSIONAL ENGINEER SERVICES SO I'M TRYING TO MAKE SURE I UNDERSTAND WE'D BE HOLDING THE RIGHT PEOPLE ACCOUNTABLE FOR A POTENTIAL VIOLATION THAT WE'RE HEARING ABOUT RIGHT NOW AND AND YOU KNOW, WANT TO BE CLEAR ABOUT WHETHER OR NOT THIS IS THE YOU KNOW, THIS IS SETTING A PRECEDENT. YOU KNOW, WE HAVE A VERY COMPLEX LARGE NUMBER OF CONTRACTORS THERE. WE DO APPROVE IT'S NOT THIS THIS JUST ALSO TO CLARIFY KENNEDY JENKS IS NOT HIRING OTHER CONTRACTORS. EVERY CONTRACTOR THAT THEN COMES ON AND DOES WORK IS ALSO COMES THROUGH THE COUNCIL AS A SEPARATE CONTRACT. IS THAT CORRECT? >> YEAH THAT'S CORRECT RIGHT SO SO THERE WE WE DON'T NECESSARILY HOLD THEM RESPONSIBLE IF THERE'S ANOTHER VIOLATION OCCURRING UNDER ANOTHER CONTRACTOR AND I JUST WANT TO BE SURE THAT WE'D BE DOING THIS CORRECTLY AND. I HAVE NOT RECEIVED A COMPLAINT AND I YOU KNOW, AS A AS CHAIR OF TPAC I WOULD HOPE THAT IF THERE WERE ONE I WOULD RECEIVE A COMPLAINT BEFORE IT GETS TO THE SO I'M UNCOMFORTABLE WITH DELAYING THE APPROVAL OF THIS AT THIS POINT. AND CARRIE, YOU ARE SAYING JUST TO CLARIFY COUNCILOR PUT HIS HAND DOWN JUST TO PICK UP ON THAT WE CAN APPROVE THE CONTRACT, AVOID A DELAY IN THE PROJECT, AVOID ADDITIONAL COSTS AND IF THERE IS A LABOR COMPLIANCE COMPLAINT ESPECIALLY IF IT COMES THROUGH THE PROPER CHANNEL AND WE CAN INITIATE THE PROCESS OF DOING THAT INVESTIGATION AND IF THERE IS ANY WAGE THEFT OR OTHER LABOR VIOLATION WOULD STILL THERE [00:50:05] WOULD STILL BE ACCOUNTABILITY FOR IT. WHETHER OR NOT WE AWARD THE INCREMENTAL 120 $5,000 TO FINISH THE PROJECT IS THAT CORRECT YES, THAT'S RIGHT NOW OKAY. SO WE CAN BOTH FINISH THE PROJECT ON TIME AND WITHOUT FURTHER COST OR AND AND ENSURE COMPLIANCE WITH ALL OF OUR LABOR LAWS AND HOLD PEOPLE ACCOUNTABLE? YES, WE CAN DO BOTH OF THOSE HERE. OKAY. >> THAT'S CERTAINLY WHERE I'M LEANING. OKAY. LET ME GO TO VICE MAYOR I GUESS MY COLLEAGUE COUNCIL MEMBER COLIN COVID MOST OF WHAT I HAVE TO SAY BUT I I'M JUST WONDERING FROM MY FROM MY COLLEAGUES, COUNCILMEMBER ORTIZ AND TORRES IN TERMS OF YOU KNOW, BEING ABLE TO MOVE FORWARD CONTINGENT UPON THERE NOT BEING ANY VIOLATIONS OF EITHER WORKER SAFETY OR WAGE. >> I MEAN RIGHT NOW WE DON'T KNOW BUT I MEAN IT'S SORT OF WE WANT TO CONTINUE BUT NOT AND NOT DELAY IF THERE IS NO VERIFY ID, WAGE THEFT OR VIOLATIONS. >> I JUST WANT TO CLARIFY THE PROCESS. THAT'S NOT ACTUALLY WHAT THE COUNCIL CAN DO. IF THE COUNCIL CAN DEFER AND NOT AWARD THIS AND WE WILL SLOW DOWN THE PROJECT AND POTENTIALLY OCCUR ADDITIONAL COSTS BUT WE WOULD ALSO HAVE THE BENEFIT OF GETTING MORE INFORMATION AND WE MAY TAKE A DIFFERENT ACTION IN AUGUST OR WE CAN MOVE FORWARD THE ITEM ISSUE THIS PAYMENT AND COMPLETE THE WORK ON THE PROJECT AND IF THERE ARE ANY LABOR COMPLIANCE COMPLAINTS THAT GO THROUGH OUR LABOR COMPLIANCE FOLKS THEN THOSE WOULD BE INVESTIGATED AND DEALT WITH AND THERE CAN BE PENALTIES ASSESSED AND THERE WOULD BE A PROCESS FOR ACCOUNTABILITY IF THERE WERE ANY LABOR VIOLATIONS. BUT WE CAN'T MAKE THE WE CAN'T AUTHORIZE A PAYMENT TODAY THEN MAKE IT CONTINGENT UPON THERE BEING NO VIOLATIONS. SO I UNDERSTAND NOT QUITE SURE THAT PROCESS WOULD WORK. WE WOULD EITHER BE AUTHORIZING THE PAYMENT AND THEN PURSUING ANY INVESTIGATION AND COMPLIANCE AND ENFORCEMENT ACTION PARALLEL OR WE'D BE DEFERRING THE ITEM BECAUSE IS NO COMPLAINT TO DATE THAT ANYONE'S RECEIVED WELL SOMEBODY WHO RECEIVED COMPLAINT THAT HAS GONE TO TO HOPEFULLY I MEAN I DON'T KNOW BUT IT CAN TAKE MONTHS TO IT CAN TAKE MONTHS TO INVESTIGATE AND GO THROUGH A PROCEEDING AND THEY CAN GO ALL THE WAY TO THE LABOR RELATIONS BOARD. I THINK WE'RE EITHER FUNDING THE REST OF THE PROJECT AND COMPLETING IT OR WE'RE DEFERRING THE ITEM AND SEEING IF THERE'S REASON TO NOT FUND US. >> YEAH, AND YOU KNOW, JUST A QUESTION FOR STAFF YOU KNOW MANY CONTRACTS COME TO US AND. >> I'M AND I'M JUST WONDERING IS THERE A SORT OF LIKE A CHECK TO MAKE SURE THAT THERE ARE NO EXISTING VIOLATIONS OR ANYTHING LIKE THAT THAT YOU'RE AWARE OF I MEAN THINGS THAT MOVE FORWARD TO COUNCIL. >> YES, THERE'S A FIRM ON OUR WAY CLEARANCE THAT WAS PASSED LAST YEAR HAVE THAT WAGE THEFT REVIEW IS DONE AND YOU'LL SEE THAT IN OUR MEMOS THAT WE PUSH TO AWARD FOR CONTRACTORS THAT ARE WAGE STUFF COMPLIANCE HAS BEEN DONE AND THEY DO IT ONCE AT THE TIME OF WHEN THEY PULL THE BIDS BUT THEY ALSO DO IT RIGHT BEFORE WE ISSUE THE MEMO USUALLY. SO OFTENTIMES YOU'LL SEE TWO WAGE THEFT CHECKS TO CONFIRM THAT THEY ARE NOT IN VIOLATION OF THE WAGE THE QUALITY POLICY AT THE AWARD OF A CONSTRUCTION CONTRACT FOR CLARITY THIS IS NOT A CONSTRUCTION CONTRACT THIS IS A PROFESSIONAL SERVICES AND IT'S NOT THAT IT DOESN'T HAPPEN IT'S EXTRAORDINARILY RARE THAT WE HAVE WAGE THEFT COMPLIANCE FOR LABOR ON A CONSTRUCTION ENGINEERING CONTRACT SORRY AND ENGINEERING SERVICES AND SO WE DON'T HAVE ANY PRESENTLY HAVE STAFF AGAIN REVIEWING AND TRIPLE CHECKING THAT WE DON'T HAVE ANYTHING ANY IN OUR OFFICE AGAINST KENNEDY JINKS OR THAT WE'RE EVEN INVESTIGATING AND EVEN IF WE FIND ONE THERE ARE STEPS THAT WE TAKE TO THEN MAKE SURE THAT THERE IS RESTITUTION SO THAT THE WORKERS PAID CORRECTLY. BUT AGAIN THIS IS NOT A CONSTRUCTION CONTRACT. THIS IS A SERVICES AGREEMENT. THANK YOU. >> OKAY. THANK YOU. VICE MAYOR COUNCILMEMBER ORTIZ GREAT. THANK YOU, MAYOR. >> APPRECIATE EVERYBODY'S THOUGHTS. AT THE END OF THE DAY WE'LL VOTE YOU KNOW HOW WE VOTE. >> I PERSONALLY JUST WANTED TO PULL MAKE SURE THIS ITEM WAS PULLED SO THAT YOU KNOW I KNOW THAT MY VOTES AREN'T NECESSARILY GOING TO FIRMS THAT YOU KNOW HAVE THESE ACCUSATIONS IT'S A VALUES VOTE FOR ME AND I WANT TO SHOW WHAT MY VALUES ARE TO BE BRUTALLY HONEST AND PEOPLE WILL SHOW THAT WITH THIS VOTE I WANT TO DO THE HE SAID SHE SAID ANYMORE I'D LIKE TO CALL ON ERIKA FROM 39 THREE. SHE'S THE ONE WHO RAISED THIS CONCERN WITH ME. >> GOOD AFTERNOON. THANK YOU. COUNCILMEMBERS MY NAME IS ERIKA . I'M WITH YOU EIGHT LOCAL 393 THE POLITICAL DIRECTOR I REPRESENT 100 PLUMBERS, PIPEFITTERS, 18 FITTERS AND ACR WORKERS IN SANTA ANA. [00:55:02] HOW MANY IN OUR COUNTY WE HAVE A COMPLIANCE OFFICER THAT HAS BEEN OUT TO THIS JOB SITE MULTIPLE TIMES. >> THERE IS A PUBLIC RECORDS REQUEST HAS NOT BEEN FULFILLED AT THIS POINT IN TIME. WE HAVE LEGAL COUNSEL THAT IS INVOLVED FOR MORE INFORMATION. >> WE ARE URGING THE COUNCIL TO PLEASE PAUSE ON THIS MOMENT, DEFER THE SERVICES THAT THIS THAT IS BEFORE YOU TODAY IS FOR AN EXTENSION AT NO MEANS IS MY UNDERSTANDING THAT THE SERVICES WOULD 100% PAUSE THIS IS FOR AN EXTENSION SO THE PROJECT CAN CONTINUE THEREFORE WE'RE ASKING FOR THIS TO BE PAUSED AND FOR YOU GUYS TO HELP US WORK EXPEDITIOUSLY TO ENSURE THAT THERE ARE NO WAGE COMPLAINTS MISCLASSIFICATION MATTERS ARE ON THIS JOB SITE. ANY ADDITIONAL QUESTIONS? YEAH. THANK YOU. COUNCILMEMBER BATRA. JUST LIKE MY COLLEAGUES, I'LL BE VERY CONCERNED ABOUT THE WAGE THEFT. BUT WHEN WE HAD THE DISCUSSION ABOUT THE WAGE THEFT ONE OF THE THINGS WHICH WE MADE VERY CLEAR WAS THAT WE WILL BE HOLDING OFF ON ANY CONTRACTS OR REJECTING CONTRACTORS WHEN WE HAVE PROVEN COMPLAINT AND ACTUALLY EVEN THE JUDGMENT FILED AGAINST THE SO JUST AN ACQUISITION WAS NOT TO BE ENOUGH TO PASS ANYTHING OR NOT TO COMPLETE ANYTHING BECAUSE ACQUISITIONS CAN HAPPEN IN CASE I AGREE THAT WE HAVE A VERY BELIEVABLE SOURCE WHEN THE 393 IS PROPOSING IT BUT IT STILL IS CONSISTENT WITH THE PROCESS WE AGREED THAT WE HAD TO HAVE PROVEN COMPLAINT WHICH HAS BEEN UPHELD THE COURTS AND AS A RESULT I WOULD THINK THAT RIGHT THE TIME IS TO MOVE ON AND FOLLOW THE COMPLAINT VERY PROPERLY AND COME TO A CONCLUSION AND THEN TAKE THE ACTION BASED ON THAT ONE. OTHERWISE WE HAVE INCONSISTENT WITH OUR PROCESS WILL DO FINE THANK. >> YOU COUNCILMEMBER COSMATOS GREAT NOTE I REALLY APPRECIATE 393 COMING DOWN AND CLARIFYING AND SO YOU KNOW COUNCILMEMBER ORTIZ IS IS CORRECT WHEN WHEN ALLEGATIONS LIKE THESE ARE PRESENTED US ESPECIALLY MYSELF WHO'S AN ELECTED OFFICIAL WHO WHO REPRESENTS THOUSANDS OF WORKING FAMILIES AND IN NOT ONLY DISTRICT THREE BUT IN OUR CITY IT'S IT'S A VERY VERY CONCERNING AND AND SHE MENTIONED AT THE END THAT THIS IS JUST AN EXTENSION SO SO WORK IS HAPPENING RIGHT NOW SO YES SO THERE'S A CONSTRUCTION CONTRACT AND THE CONTRACTOR THAT'S ASSIGNED TO THAT ONE THAT AWARD IS BLOCKER CONSTRUCTION THAT'S NOT WHAT'S BEFORE YOU TODAY. THIS IS AN ENGINEERING FIRM SUPPORT THE CONSTRUCTION SIDE WHEN THERE'S QUESTIONS OR REQUESTS FOR INFORMATION OR INFORMATION TO SUPPORT THE CONSTRUCTION THAT BLOCK IS PERFORMING THAT'S WHAT KENNEDY JENKS FUNCTION IS IN THIS ROLE IT IS THE THE CONSTRUCT OF THIS WORK IS ROUGHLY 90% COMPLETE AGAIN BY ANOTHER FIRM WHAT'S BEFORE YOU IS EXTENSION OF KENNEDY JENKS SUPPORT TO THE ENGINEERING STAFF AND ENVIRONMENTAL SERVICES TO COMPLETE THIS PROJECT TO PROVIDE THEIR ENGINEERING EXPERTISE. WE DO NOT HAVE ANY WAGE THEFT ALLEGATIONS OR REPORTS INTO OUR OFFICE AGAINST KENNEDY. JENKS I HAVE TO ASK YOU ABOUT PLAKA BUT THAT'S A DIFFERENT SO IT'S NOT WHAT'S BEFORE YOU TODAY AND THIS PARTICULAR CONTRACT DOES THAT HELP? >> YEAH THAT THAT DEFINITELY HELPS BUT I'M IF THERE ARE ALLEGATIONS WE WILL INVESTIGATE THEM THOROUGHLY AND WILL VIGOROUSLY ENFORCE OUR WAGE THEFT POLICY AND OUR LABOR RULES I STRONGLY BELIEVE THAT WE CAN WAIT ONE MONTH UNTIL AUGUST TWO TO VOTE ON THIS CONTRACT. SO I WILL BE I'LL BE SUPPORTING THE MOTION SINCE I'M THE SECOND YEAR OBVIOUSLY. SO THANK YOU COUNCILMEMBER. BUT I DO WANT TO JUST HAVE YOUR HAND UP YOU OKAY TELSTRA CODE I'M JUST GOING TO ASK THIS QUESTION MAYBE ERIKA CAN HELP CLARIFY IT FOR ME. THERE SEEMS TO BE ALLEGATION YOU KNOW MOST MOST OF THE TIME YOU KNOW THE CONTRACTORS THAT WE HAVE THE ISSUE I'M TRYING TO UNDERSTAND WHAT KIND OF OVERSIGHT RESPONSIBILITY DOES THIS ENGINEERING CONTRACTOR HAVE FOR THE AN ALLEGATION THAT'S BEING BEING PRESENTED HERE YOU KNOW OVERSEE OR THEY HAVE NO OVERSIGHT OVER THE LABOR COMPLIANCE OR THEY PROVIDE ADVICE TO KAPIL AND HIS TEAM. >> SO SO THEY'RE DOING ENGINEERING WORK THAT THEN IS IMPLEMENTED BY A SEPARATE CONTRACT THAT WE PROVIDE TO A CONTRACTOR. THAT'S CORRECT. SO I JUST WANT TO UNDERSTAND I MEAN THE ALLEGATION IS AGAINST THIS CONTRACTOR BECAUSE I WANT TO MAKE A BE ABLE TO MAKE SO DO YOU WANTED TO GIVE A LITTLE MORE SPECIFICS ABOUT THE ALLEGATION BECAUSE IT'S YES. >> SO THERE'S A PUBLIC RECORDS REQUEST ACT THAT INFORM [01:00:03] REGARDING THE SERVICES IN THE SCOPE OF WORK AND THE WORKERS THAT ARE BEING PERFORMED BY BASED UPON THE SCOPES ON HOW THEY'RE BEING CLASSIFIED AND THE WORKERS THAT ARE INSTALLING THEM IN THE JOB ON THE JOB SITE SO THAT THE ENGINEER IS CREATING AND DEVELOPING THE SCOPES AND THE WORK AND THAT THAT IS CREATING AND THAT IS ALSO HAD THAT HAS CREATED THE MISCLASSIFICATION OF WORKERS INSTALLING WORK ON THE PROJECT WHICH IS WHY THE PUBLIC RECORDS ACT HAS BEEN ASKED FOR WE DON'T HAVE ALL OF THE INFORMATION WHICH IS WHY WE'RE HOPING THAT WE COULD RELY UPON ALL OF YOU GUYS TO HELP EXPEDITE THE PROCESS AND WE WOULDN'T HAVE DELAYS ON THE PROJECT. >> WE CAN CLEAR THIS UP IMMEDIATELY. OKAY. THANK YOU FOR YOUR ANSWER. SO SO I JUST JUST ONE MORE CLARIFICATION ON THIS FROM ASKING THE STAFF NOW. >> THANK YOU. THE THERE'S AN ENGINEERING FIRM DOES ENGINEERING WORK THAT STAFF THEN CITY STAFF USES TO MAKE SURE THAT THE CONTRACT JOBS ARE DOING WELL? >> IS THERE ANY POTENTIAL NEXUS BETWEEN THE ENGINEERING WORK THAT THEY'RE DOING AND WORKER CLASSIFICATION AND WHO'S DOING THE WORK AT THE PROPERTY AND AND AND IF IT'S A WORKER CLASSIFICATION QUESTION IS IT A WAGE THEFT QUESTION GUESS IS WHAT I'M TRYING TO FIGURE OUT. >> SO THE TWO SEPARATE THINGS AND SO I DON'T THINK IT'S TO MY UNDERSTANDING KENNEDY JENKS BE DESCRIBING WHICH TRADES WOULD BE PERFORMING ANY PARTICULAR WORK AT THE JOB THEY'RE DESIGNING THEY HAVE DESIGNED OR SUPPORTED AND NOW THEY'RE SUPPORTING THE CONSTRUCTION, THEY'RE SUPPORTING KAPIL'S TEAM IN THE CONSTRUCTION PHASE OF THE PROJECT THAT THE CONTRACTOR COMES UP WITH QUESTIONS AND THEY THEY NEED TO PROVIDE AN ENGINEERING ANSWER AND THEY ARE SUPPORTING KAPIL'S TEAM AS A FORCE AMPLIFICATION TO MAKE SURE THE WORK WAS SPECIFIED BY THEIR DRAWINGS. YES IT DOESN'T MAKE SENSE THAT THEY DON'T UNDERSTAND IT, THE CONTRACTOR SAYS I DON'T UNDERSTAND WHAT THIS MEANS. THEY ASKED A QUESTION OF KAPIL'S AND THEN KENNEDY JINKS SUPPORTS THAT IN TERMS OF THE DESIGN SPECIFICATIONS IN TERMS OF IF A WORKER IS MISCLASSIFIED THAT THEY ARE POTENTIALLY BEING PAID INCORRECT WAGE FOR THE WORK THAT THEY'RE DOING. AND SO THAT'S WHERE OUR STAFF GOES AND CLARIFIES THAT REVIEWS THE WORK WITH THE WORKER AND THEN ASSESSES EITHER FINE OR GETS THE MONEY RETURNED TO THE WORKER AND THEIR INCREASED PAY IF THEY'RE PERFORMING A TASK OUTSIDE OF THEIR CLASSIFICATION . >> BUT WOULD THAT BE CLASSIFICATION AT ALL THE RESPONSIBILITY OF KENNEDY? >> JENKS NO, IT WOULD BE OUR STAFF'S IN TERMS OF ASSIGNING THE WORK NO, THE CONTRACTOR IS ASSIGNING THE WORK SO BASED THE ENGINEERING WORK WHICH DRAW CREATES DRAWINGS AND PUTS OUT THE SCOPE OF THE WORK THAT NEEDS TO BE DONE. THERE'S SOMEBODY ELSE IS DETERMINING WHAT KIND WORKER NEEDS TO DO THE ACTUAL WORK ON SITE. >> THAT'S CORRECT INSTALLATION. >> OKAY. THANK YOU. SO LET ME JUST LET ME JUST REPEAT THAT AND THEN SEE IF WE HAVE A SUBSTITUTE MOTION QUESTION FOR STAFF. KENNY JENKS WAS A CONSULTANT INSURANCE SERVICES HAVE THERE BEEN ANY COMPLAINTS AGAINST KENNEDY JENKS FOR WAGE THEFT OR ANY OTHER LABOR VIOLATION? >> NOT THAT I'M AWARE OF. FOR THIS ON OUR CONTRACT I'M NOT AWARE OF IN OUR CONTRACT WITH ENTAILS WHAT AGAIN WHAT SERVICE DO THEY PROVIDE PROFESSIONAL ENGINEERING SERVICES EVERYTHING IT TAKES TO DEVELOP BID DOCUMENTS FOR CONSTRUCTION AND THEN DURING THE CONSTRUCTION PHASE ENGINEERING SERVICES DURING CONSTRUCTION SO AS MATT INDICATED SUBMITTAL REVIEWS, RESPONSES, RF EIS AND ANY KIND OF DESIGN DIRECTIVES THAT THE CITY WANTS. >> OKAY. AND DO THEY OR TO CITY STAFF OR SOME OTHER CONTRACTOR DO THEY PLAY A ROLE IN IDENTIFYING THE CLASSIFICATION OF WHO SHOULD DO WHICH JOBS IN THE ACTUAL CONSTRUCTION OF THE PROJECT? >> KENNEDY JENKS DOES NOT. OKAY IF THERE WAS A MISS OF A WORKER ON THIS PROJECT AND THEY WERE INCORRECT LEA COMPENSATED BASED ON THAT MISCLASSIFICATION WHO WOULD BE RESPONSIBLE IN THAT CASE THE OR THE SUBCONTRACTOR OR WHOEVER WE'RE ENGAGED WITH SO? >> WOULD KENNEDY JENKS HAVE ANY RESPONSIBILITY FOR A MISCLASSIFICATION OF SOMEONE WHO WAS BUILDING THIS PROJECT? >> NOT THAT I'M AWARE OF. >> OKAY. IS THERE A PLAUSIBLE SCENARIO WHERE KENNEDY JENKS WOULD BE RESPONSIBLE SHOULD A ACTUAL ALLEGATION BE TURNED INTO A FORMAL COMPLAINT BE INVESTIGATED AND SUSTAINED AS VIOLATION IS IS THERE? >> IN MY EXPERIENCE THERE HAS NOT BEEN CASE WHERE THAT'S BEEN THE SCENARIO BUT IS THERE ANY PLAUSIBLE SCENARIO. >> I CAN'T EXACTLY SURE. I'M JUST SAYING KENNY JENKS IS NOT DETERMINING THE CLASSIFICATION OF THE PEOPLE BUILDING. >> THAT'S CORRECT. THE PROJECT. THAT'S CORRECT. SO IF THERE IS A VIOLATION IF THERE IS A FORMAL COMPLAINT, IT'S INVESTIGATED AND SUSTAINED AND WE THEN HAVE TO HOLD SOMEONE ACCOUNTABLE FOR PROPERLY PAYING THOSE WORKERS THAT WOULD NOT BE KENNEDY. >> JENKS THAT'S CORRECT. >> OKAY. DOES IT MAKE A CONSULTANT LIKE JENKS LESS LIKELY TO BID FUTURE WORK AT THE CITY IF WE ARE TYING UP THEIR PAYMENT AND [01:05:01] SOMEHOW TRYING TO HOLD THEM ACCOUNTABLE FOR MISCLASSIFICATION OF WORKERS WHO ARE NOT THEIR WORKERS DO NOT REPORT TO THEM WHOSE JOBS THEY NOT CLASSIFY TO DETERMINE THIS SEEMS LIKE A VERY INDIRECT WAY OF TRYING TO GET AT WHAT COULD BE A REAL ISSUE THAT DOES CONCERN ME WHICH WOULD BE IF THERE'S ANY WAGE THEFT ON THIS PROJECT. BUT IT SOUNDS ME LIKE WE'RE TRYING TO PUNISH THE ENTITY THAT HAS ZERO RESPONSIBILITY FOR THAT IF IT EVEN DID OCCUR I CAN'T THAT'S A DIFFICULT QUESTION TO ASK. THERE'S MANY THINGS THAT WEIGH INTO WHETHER THEY'RE SURE IT'S A RHETORICAL QUESTION I SUPPOSE. >> OKAY. I'LL TURN TO MY COLLEAGUES. >> WE HAVE A SUBSTITUTE MOTION . >> DO WE WANT A VOTE ON THE MOTION ON THE FLOOR? ALL RIGHT. WE'RE MORE ON THE MOTION THE FLOOR. I'M NOT COMFORTABLE PERSONALLY SUPPORTING IT BECAUSE I THINK WE'RE PUNISHING A CONSULTANT. IT NOTHING TO DO WITH MISCLASSIFICATION OF WORKERS. THERE'S NO COMPLAINT AGAINST THEM. I THINK IT SENDS A BAD SIGNAL TO THE MARKET. I THINK IT MAKES IT LESS LIKELY FOR CONSULTANTS TO WANT TO BID ON OUR WORK. COMPETITIVE BIDS HELP CONTROL COSTS AND ARE A GOOD THING AND IF THERE'S WAGE THEFT ON THIS PROJECT I WILL THE FIRST TO SAY THERE NEEDS TO BE ACCOUNTABILITY. I WOULD ENCOURAGE THOSE WHO ARE INVESTIGATING IT TO COMPLETE THE INVESTIGATION. I WILL CERTAINLY HELP YOU GET THE INFORMATION YOU NEED FROM THE CITY AS PER OUR WORK WITH THE CITY ATTORNEY AND PLEASE FILE A COMPLAINT AND WE WILL THOROUGHLY INVESTIGATE AND HOLD ACCOUNTABLE MAY HAVE MISCLASSIFIED WORKERS AS THE PROCESS IS SUPPOSED TO WORK BUT PUNISHING A CONSULTANT WHO'S NOT RESPONSIBLE CAN'T BE RESPONSIBLE AND WOULD NOT BE ACCOUNTABLE IF IT DID HAPPEN DOES NOT MAKE SENSE. IT IS BAD AND DOES NOT MAKE US LOOK GREAT AS A CITY SO I WILL NOT BE SUPPORTING THE MOTION. LET'S FOLLOW UP. WE STILL NEED PUBLIC COMMENT TO DO A PUBLIC COMMENT ON THIS ITEM NOT ON THIS ITEM. >> OKAY LET'S VOTE MY MISSED I I MISSED SOMEBODY'S VOTE SCANDAL IS I OKAY OKAY LET ME I'M GOING TO I'M GOING TO STOP IT BECAUSE YOU HAVE TO CHANGE YOUR VOTE SO LET'S REDO THAT ONE. OKAY THERE WE GO MOTION WITH A VOTE OF 3 TO 6 WITH TORRES ORTIZ AND KEN DALLAS VOTING YES EVERYONE ELSE VOTING NO WITH MENDEZ DAVIS ABSENT OKAY THANK YOU I AM TO 12 THEN IT IS NOT DEFERRED I THINK IT'S STILL ELIGIBLE TO BE MOVED WITH THE REST OF THE CONSENT CALENDAR IF ANYONE WOULD LIKE BUT WE HAD OTHER ITEMS PULLED. >> WHY DON'T WE TAKE THOSE UP FIRST WE'LL GO TO ITEM 2.23 COUNCILMEMBER FULLER OKAY. THANK YOU. THIS IS AN ITEM REGARDING GRANT AGREEMENTS FOR MULTIPLE HOUSING PROGRAMS TO HOMELESSNESS FOR LAST YEAR'S FISCAL YEAR AND I JUST WOULD LIKE TO MOVE THE MEMO THE JOINT MEMO FROM THE MAYOR COUNCILMEMBERS JIMENEZ, COUNCILMEMBER COHEN AND MYSELF THAT BASICALLY ARTICULATES LOOKING FOR SOME DATA WHY PEOPLE HOW PEOPLE WHERE THEY LEFT, HOW THEY STAY, HOW LONG THEY STAYED MORE SOME DETAILS THAT WE'RE ABLE TO THEN TRACK AND FIGURE OUT HOW WE CAN MOVE FORWARD. GREAT AND SO I'M AND I SO MOVED TO THE SECOND SECOND THANK YOU COMES FORWARD ONE THANK YOU MAYOR YOU KNOW THE $42 MILLION IN ILL DEFINED GRANTS THIS IS UNACCEPTABLE AND I THINK THAT WE NEED COMMITMENT FROM THESE ORGANIZATIONS TO DEFINE WHAT THEY'RE THAT MONEY FOR. >> I HAVE QUESTION FOR STAFF. CAN YOU EXPLAIN WHAT YOU'VE DONE DIFFERENTLY THIS TIME AROUND TO ENSURE THAT WE HAVE A DELIVERABLE PERFORMANCE METRIC AND TIMELINES REQUIREMENTS AND SPELL OUT FOR HOW THIS SPECIFIC WILL BE NEWS? ERIC SULLIVAN HOUSING DIRECTOR THANK YOU COUNCILMEMBER RIZWAN. TO DATE WE ARE IN THE PROCESS OF IMPLEMENTING THOSE PERFORMANCE METRICS IN ORDER TO RECEIVE THE NECESSARY DATA TO BEST DETERMINE WHETHER OR NOT PERFORMANCE METRICS HAVE BEEN MET. IN ADDITION TO MAKING CONTRACT ADDENDUMS TO ALL SERVICE PROVIDERS TO ENSURE THAT WE ARE ABLE TO GATHER THE DATA IN A CONSISTENT FORMAT TO BE ABLE TO ANALYZE IT AND APPLY IT TO THE PERFORMANCE ACCORDINGLY. CAN YOU PROVIDE US WITH A SPECIFIC LANGUAGE INCLUDING SOME OF THIS GRANT AGREEMENT [01:10:02] LANGUAGE BEFORE VOTING TO APPROVE IT? >> I CANNOT PROVIDE YOU SPECIFIC LANGUAGE TODAY IS THAT AS I'M THERE DRAFTING WHAT THE LET ME ASK YOU THIS. >> HOW CAN I PROVE SOMETHING THAT CANNOT BE DEFINED? WELL, THERE ARE MEASURES TO DEFINE IT THAT THERE'S A PROCESS TO GO THROUGH IN THE CONTRACT AND THEN THE PROCESS TO COMPLETE THOSE PERFORMANCE METRICS HAS TO INCLUDE THE APPROPRIATE LANGUAGE. WOULD STAFF BE OPEN TO SHORTEN DEFER OR UNTIL THE COUNCIL HAVE A CHANCE TO REVIEW THE CONTRACT AND IDENTIFY AND IDENTIFY PERFORMANCE METRICS AND REQUIREMENTS? >> I CAN SPEAK TO THE PROCESS THAT NEEDS OCCUR IN ORDER TO ACHIEVE PERFORMANCE LANGUAGE THAT REFLECTS THE EXPENDITURE OF THE FUNDS. THE TIMING FOR THAT IS AT THIS POINT GOING TO TAKE RATHER SIGNIFICANT AMOUNT OF TIME. DEFERRAL OF FUNDING THIS WILL RAISE OTHER QUESTIONS WHICH AT THIS POINT IT WOULD NOT HAVE ANSWERS TO REGARDING THE CONTINUATION OF SERVICES PARTICULARLY THOSE SERVICES OUR INTERIM HOUSING SITES. WELL I WANT TO EMPHASIZE HOW MUCH WE WE VALUE THE COMMITMENT COMPASSION OF OUR NONPROFIT SERVICE BUT WE HAVE A RESPONSIBILITY TO YOU KNOW, TO TO PAIR THEIR WORK WITH WITH A VERY CLEAR METRIC AND REPORTING AN OUTCOME MADE POSSIBLE WITH TAXPAYER DOLLARS. >> RIGHT. AND AND LAST WEEK WE DISCUSSED THE NEEDING TO DELIVER, YOU KNOW, A CLEAR DELIVERABLE REQUIREMENT TIMELINE AND AND MORE AS OF THE DISCUSSION ON THE HOMELESSNESS AUDIT THE STATE WHICH FOUND $42 MILLION IN ILL DEFINED GRANTS AND THE CITY MANAGER OFFICE COMMITTED TO DOING BETTER GOING FORWARD AND I THINK AT THIS POINT I'D LIKE TO MAKE A MOTION TO DEFER UNTIL THE METRICS ARE ALREADY SET. OKAY. THAT'S A THERE IS A MOTION FOR A YEAH W SUBSTITUTE SORRY AND THERE'S A SECTION FOR BARTRA. >> LET LET ME JUST ASK SO APPRECIATE THE SPIRIT OF YOUR QUESTIONS THERE THOUGH I SOME CONCERNS ABOUT DEFERRING THIS ITEM GIVEN ALL OF THE CONTRACTS THAT ARE THE BODY OF WORK BEING DONE AND AS I UNDERSTAND IT SOME OF THESE WOULD BE STARTING JULY WITH THE NEW FISCAL YEAR. SO THERE'S KIND OF A CONTINUITY OF OPERATIONS THAT ARE INTERIM HOUSING FOR EXAMPLE. >> I'M CURIOUS AND BRING IN OUR CITY MANAGER PROBABLY ON THIS BUT KELSO DEWAN, AS YOU LOOK AT THE MEMO THAT COUNCILMEMBERS GIMENEZ AND I PUT TOGETHER, WHAT WE WERE ATTEMPTING TO DO IS WHAT I THINK YOU'RE DESCRIBING WHICH IS OUTLINED THE PERFORMANCE MEASURES AND OUTCOMES THAT WE WANT TO SEE CODIFIED INTO A CONSISTENT FRAMEWORK THAT ARE HOUSING DEPARTMENT AND OTHER RELEVANT DEPARTMENTS WOULD WORK WITH THESE NONPROFIT PROVIDERS TO BRING BACK TO US ON A REGULAR CADENCE FOR CONSISTENT REPORTING AND EVALUATION AND COMPARISON ACTUALLY OF, YOU KNOW, COST PER OUTCOME WHO'S DELIVERING THE OUTCOMES WE CARE ABOUT COST EFFECTIVELY HAVING THE KIND OF VARIOUS MEASURES THAT HELP US UNDERSTAND IF OF THESE PROGRAMS ARE AS EFFECTIVE AS WE WANT THEM TO BE AND ARE THE BEST USE OF PUBLIC . SO OUR INTENTION I THINK WAS TO CONTINUE TO HAVE CONTINUITY OF SERVICES AND THEN DESERT DELEGATE TO THE ADMINISTRATION THE TO GO NEGOTIATE THESE INTO THE RENEWALS OF THESE CONTRACTS WHICH IS I THINK WHAT YOU'RE POINTING TO IS THAT WE WANT THIS OUTCOME BASED REPORTING TO BE IN ALL THESE CONTRACTS GOING FORWARD IF THAT'S WHAT THE ADMINISTRATION IS ABLE TO NEGOTIATE AND DO. I WOULD THAT WE'RE GOING TO WANT OUR AIR FORCE TO CONTINUE OPERATING AFTER JULY ONE WHEN SOME OF THESE CONTRACTS EXPIRE AS I UNDERSTAND IT. SO I'M A LITTLE CONCERNED WITH THE LAST COUNCIL MEETING OF THE OF THE SESSION HERE BEFORE THE JULY RECESS THAT THERE COULD BE A REAL COST. SO I DON'T KNOW CITY MANAGER MCGUIRE IF YOU WANT TO ADD ANYTHING SO I WOULD BE I'D SHARE THAT CONCERN EVEN FROM A CONTINUITY OF OPERATIONS BUT WE BUT TOTALLY APPRECIATE YOUR COMMENTS ABOUT US HAVING BETTER PERFORMANCE METRICS AND WE ARE COMMITTED TO THAT AND OUTCOMES . AND SO WITH OUR NEW HOUSING DIRECTOR DIVING IN GETTING INTO THE STEVE HE UNDERSTANDS THAT IS HIS MARCHING IS ONE OF THE VERY VERY FIRST THINGS HE'S DOING AND WHEN WE'RE WHEN WE ARE REPORTING AND I THINK IT'S IN THE FALL IS THAT CORRECT, ERIC WE HAVE A COMPREHENSIVE MULTI DEPARTMENT REPORT OUT OF OUR HOMELESSNESS SERVICES. WE BE MORE THAN HAPPY TO REPORT OUT WHAT ARE THESE METRICS, WHAT ARE THE OUTCOMES, HOW ARE WE HOW DID WE ARRIVE AT THEM SO THEN WE CAN GO FORWARD IN A [01:15:04] MUCH MORE DELIBERATE AND WAY OF HOW WE'RE USING THESE DOLLARS AND IF THEY'RE BEING AND EFFICIENTLY UTILIZED. SO THAT WOULD BE SOMETHING THAT WE'RE PLANNING ON DOING BASED ON THE FEEDBACK THAT WE HAVE RECEIVED IN THE PAST. SO YOUR POINTS ARE EXTRAORDINARILY WELL TAKEN BUT I THINK WE WOULD HAVE A BIG INTERRUPTION OF SERVICE HERE WITHOUT ALLOWING US TO DO THIS NEGOTIATION EXECUTION AND THEN WE'LL REPORT OUT AND THEN WHEN WE PUT IT OUT IN THE FALL IF THERE'S FURTHER CONCERNS WITH THE PERFORMANCE METRICS WE CAN CERTAINLY TAKE THAT UNDER COUNCIL AND REVISE FOR THE NEXT ROUND. >> SURE. >> WELL YEAH WELL I HEAR YOU BUT IT'S ALMOST LIKE GIVING OUT MONEY WITHOUT ANY EXPECTATION, RIGHT? >> SO WE HAVE TO HAVE SOME TYPE OF DEFINED METRIC OF WHAT IMPLEMENTATION, WHAT IS THE OUTCOME AND? >> THE END USER SHOULD BE PART OF THE PROCESS AS WELL. YOU KNOW WE WILL BUT WE WILL IN THESE CONTRACTS BEFORE EXECUTED THEY WILL IT WILL ALL BE SPELLED OUT IN THE ACTUAL CONTRACT SO THEY WILL NOT BE SIGNED CONTRACTS FROM THE CITY WITHOUT THAT THAT EXECUTION OF THOSE SPECIFIC PERFORMANCE METRICS IN THE CONTRACT MUCH MORE SPECIFICALLY THAN WE'VE EVER HAD BEFORE. >> MAYBE IF I COULD OFFER ONE OTHER SUGGESTION AND THEN AND THEN I'LL STOP AND IF WE NEED TO VOTE ON THE SUBSTITUTE MOTION AS IS WE CAN BUT I'LL JUST SUGGEST THIS IF YOU MIGHT BE AMENABLE TO CHANGING THE SUBS, MODIFYING THE SUBSTITUTE MOTION THE GROUP MEMO OUTLINES I THINK THE MEASURES WE CARE ABOUT I THINK IT WOULD BE APPROPRIATE AND I'LL ASK THE ADMINISTRATION TO CONFIRM IF WE MADE THE THE RENEWALS THAT ARE UNDER CONSIDERATION HERE CONTINGENT UPON THE PROVIDERS TO METRICS THIS IN ACCORDANCE IT ALIGNED WITH THE MEMO THAT WAS THE INTENTION AND IF THE ADMINISTRATION THINKS IT'S FEASIBLE TO MAKE IT CONTINGENT THEN YOU HAVE A GUARANTEE THAT THESE WILL BE MEASURED AND REPORTED GOING FORWARD. I'M A LITTLE CONCERNED JUST TIMING WISE THAT. I MEAN I CERTAINLY CAN'T SUPPORT A MOTION THAT IS EVEN THOUGH I AGREE WITH THE MIGHT HAVE IN EACH SUDDENLY NOT BE ABLE TO OPERATE JULY ONE BECAUSE WE HAVEN'T RENEWED A CONTRACT THAT SEEMS LIKE WE'RE CUTTING OFF OUR NOSE TO OUR FACE. >> YES. SO I THINK THAT IS FEASIBLE THAT WOULD BE OUR INTENT WITH IF WITH THAT WITH THAT MEMO AS LONG AS THAT MEMO IS PASSED AS WELL AND THERE'S NO CHANGES TO THAT MEMO BUT WE CAN CERTAINLY CONSIDER CHANGES TO THAT MEMO. BUT AS IT STANDS THAT IS A FEASIBLE REQUEST AND WHAT WE ARE INTENT. >> SO I GUESS IT'S AN ASK FOR A FRIENDLY AMENDMENT TO MODIFY THE SUBSTITUTE MOTION TO APPROVE THE STAFF, MOVE THE GROUP MEMO AND ACTUALLY MAKE IT CONTINGENT UPON THE THE RENEWALS CONTINGENT UPON AN INCORPORATION. >> THESE PERFORMANCE MEASURES I ACCEPT IS THE SECOND POINT. YEAH. POINT OF ORDER. YEAH. >> THE MOTION IS TO DEFER WHICH IS COUNTER TO THE UNDERLYING MOTION SO HE COULDN'T REMOVE THE MOTION WHICH IS TO DEFER ADD YOUR LANGUAGE IN. >> I LIKE WHERE YOU'RE GOING WITH IT BECAUSE IT'S SORT OF BECAUSE IT WAS BUT HE'S ALREADY MOVED TO DEFER SO WE HAVE TO WE HAVE TO VOTE THIS DOWN AND AND THEN HE WANTS TO WITHDRAW SAY IT AND HE CAN'T HE CAN'T WITHDRAW SUBSTITUTE IT BELONGS TO US. >> ALL RIGHT. SORRY ELSEWHERE DON, YOU'VE ALREADY DONE IT. >> SO THERE WE GO. ALL RIGHT. THANK YOU. >> YEAH. LET'S CALL THE QUESTIONS AND LET'S VOTE ON IT. OKAY? WE STILL NEED TO GO TO PUBLIC COMMENT. I HAVE NO CARDS FOR THIS. OKAY. ALL RIGHT. COUNCILOR BOTTCHER. YEAH. OKAY. SO WHAT YOU PROPOSED IS WHERE I WOULD HAVE BEEN GOING IF I HAD THE OPPORTUNITY TO MAKE COMMENTS BEFORE. YES, WE ARE NOT COMFORTABLE IN THE CONTRACT GOING STOPPING THE CONTRACT. WE'RE NOT INTERESTED IN THAT BECAUSE WE DO WANT TO CONTINUITY OF SERVICES BUT WE DON'T WANT THE CONTRACT BE NOT CONTINGENT UPON THE THINGS WHICH WE ARE FOR AND THE ONLY REASON WE WENT WITH THAT MOTION IS BECAUSE YOU SAID YOU DON'T KNOW THE LANGUAGE, WHAT YOU DON'T WANT TO PUT IN AND WHEN YOU WOULD PUT IT IN WITH THOSE TWO? WE WERE UNCOMFORTABLE THAT BUT WHAT MAYOR HAS SAID THAT WE WILL MAKE THAT CURRENT CONTRACTS CONTINGENT UPON THEM AGREEING TO PROVIDE THOSE KIND DATA FOR OUR DASHBOARD AND BE ABLE TO EVALUATE THEIR PERFORMANCE I WOULD BE VERY COMFORTABLE WITH THAT CONTRACT. OKAY. SO THAT'S WHAT WE ARE GOING TO BE APPROVING WHEN WE HAVE A CHANCE TO APPROVE THE MOTION HERE. >> OKAY. [01:20:01] >> ALL RIGHT. OKAY. THANK YOU. SO LET'S LET'S DO THIS. WE'RE GOING TO VOTE ON THE SUBSTITUTE MOTION SHOULD IT FAIL I'D BE HAPPY TO ENTERTAIN A WE WILL ALLOW SOMEONE TO ASK FOR A FRIENDLY AMENDMENT AND IF THE UNDERLYING THE MAKER OF THE UNDERLYING MOTION WANTS TO ACCEPT IT. >> SO TONI, LET'S LET'S VOTE ON THE SUBSTITUTE MOTION SO I'M STILL WAITING ON ONE VOTE. >> OKAY. AS EVERYONE VOTED IT LOOKS LIKE WE MAY BE MISSING ONE. PLEASE CHECK OUT THIS STUFF SO THAT WE SURE SURE CALL BUT OKAY THERE WE GO. >> ALL RIGHT, MOTION FAILS NINE ZERO. OKAY, WE'RE BACK TO UNDERLYING MOTION. >> DO I HAVE ANY OTHER HANDS? >> SORRY, COUNCILOR FOLEY. GO AHEAD. I WAS JUST GOING TO END BUT I WAS GOING TO ADD IT IN MY OPENING. OKAY, SO ORIGINAL GIVE A FRIENDLY AMENDMENT TO PROPOSED. >> YES, I HAVE A FRIENDLY AMENDMENT ACCORDING TO OR CMO SUGGESTION THAT WE HAVE THOSE METRIC CONTINGENT UPON THE THE CONTRACT SO THAT THE RENEWAL WOULD BE CONTINGENT UPON THE ADOPTION PERFORMANCE MEASURES AND IN THE REPORTING AS CONTAINED IN THE GROUP MEMO. >> COUNCILOR FOLEY YES, I'LL ACCEPT THAT. IS THAT OKAY? WHAT IS SECONDARY SCHOOL WHO WAS THE SECONDARY OKAY. VICE MAYOR YOU'RE OKAY WITH THAT? >> THANK YOU. OKAY. DO WE HAVE ANY OTHER ON THIS? >> ANY OTHER COMMENTS? OKAY. AND TONI I'M CHECKING AGAIN WE DID NOT HAVE ANY PUBLIC COMMENT. >> CORRECT. ALL RIGHT. LET'S VOTE PLEASE. THANK YOU. YES. OKAY. MOTION PASSES NINE ZERO. THANK YOU. THANK YOU, COUNCILOR FOLEY FOR KEEPING ME HONEST. >> LET'S KEEP GOING. WE'RE ON TO THE NEXT ON THE CONSENT CALENDAR THAT WAS PULLED. COUNCILOR DON, YOU PULLED ITEM .37 >>. YES. GIVE ME A MOMENT HERE HERE. >> WELL, THANK YOU, MAYOR, FOR SUPPORTING THE ITEM WITH WITH THE MEMORANDUM THE CITY HAVE BEEN EXPLORING THE POTENTIAL USE OF SINGLETON'S SITE FOR TENSION STRUCTURE TO ADDRESS HOMELESSNESS FOR SOME TIME NOW WITH APPROXIMATELY ABOUT 90 ACRES OF THE LAND AVAILABLE AT SINGLETON IT REPRESENTED SIGNIFICANT OPPORTUNITY TO MAKE PROGRESS ON PROVIDING SHELTER AND SERVICES FOR THE UNHOUSED. THE CITY SHOULD TAKE ADVANTAGE OF THIS UNUTILIZED CITY OWNED PROPERTY THE RECENT PROGRESS MADE ON THE LANDFILL REMEDIATION AT SINGLETON FALLS IN LINE WITH EVERYTHING WE HAVE BEEN DISCUSSING REGARDING THE SITE THE TIME IS RIGHT TO PUSH DEVELOPMENT TOWARDS ON THIS AS LAND IS A SCARCE RESOURCE IN SAN JOSE ESPECIALLY WITH THE LANDFILL 50 YEARS AGO PROPERTY LIKE THIS MUST BE USED STRATEGICALLY TO ADDRESS PRESSING ISSUES LIKE HOMELESSNESS. WHY HOMELESSNESS IS A REGIONAL CHALLENGE WE NEED CLEARLY DEFINE THE ROLES FOR EACH OF OUR GOVERNMENT WITHOUT WE CANNOT USE FUND OUTSIDE OF OUR OBLIGATION AS A CITY SAN JOSE IS CURRENTLY BEARING A DISPARATE DISPROPORTIONATE BURDEN IN PROVIDING SERVICES FOR THE UNSHELTERED COMPARED TO WHAT CITY CHARTER OUTLINES IF THE COUNTY WAS DOING ITS JOB ADEQUATELY WE WOULD NOT HAVE UNSHELTERED PEOPLE ON OUR STREET, IN OUR CREEKS, OUT IN THE SIDEWALK AND IN OUR PARK OR COUNTY MUST DELIVER ON THEIR RESPONSIBILITY ALTHOUGH TENSION MEMBRANE STRUCTURE HAVE UPFRONT COST THEY CAN PROVIDE A MORE SCALABLE INTERIM HOUSING CONCERN ABOUT ONGOING MAINTENANCE COST MAY BE OVERSTATED AS FACILITY LIKE A CONVENTION CENTER DEMONSTRATE THE LONG TERM DURABILITY OF TENSION MEMBRANE BUILDINGS. >> WITH THIS I MOVE TO ACCEPT THE MAYOR MEMORANDUM SECOND OC THANK YOU. SECOND FROM CUSTOMER BOTTURA APPRECIATE THAT LET'S GO TO CUSTOMER TOURISTS. >> GREAT. [01:25:02] SO I, I HAVE SERIOUS CONCERNS WITH THIS WITH WITH THIS LOCATION AND I ACTUALLY HAVE A QUESTION FOR NANCY REGARDING THIS LOCATION AND IT WAS NANCY IS COMING ON DOWN EVEN THOUGH WE'RE NOT THE PRICE IS RIGHT THE THE THE SINGLETON SITE IS A FORMER LANDFILL CLOSED FOR NEARLY 50 YEARS AND IS NOW UNDERGOING REMEDIATION FOR LANDFILL COLLECTION AND FLARE SYSTEMS. AND SO IT'S GOING TO LANDFILL. IT WAS A LANDFILL FOR OVER 50 YEARS AND QUESTION TO NANCY IS CAN YOU JUST DESCRIBE TO US ABOUT THE SINGLETON LANDFILL SITE ON THE REMEDIATIONS AND HOW MUCH THE COST IS AND HOW LONG IT'S GOING TAKE TO CLEAN UP THAT SITE? >> THANK YOU VERY MUCH. COUNCILMEMBER NANCY CLINIC AND AMEC DEVELOPMENT CULTURAL AFFAIRS. I'M GOING TO DEFER TO CARRIE IF SHE PREFERS TO GO FIRST. >> THANK YOU COUNCILMEMBER. YOU KNOW WE'VE BEEN MANAGING AND MONITORING THIS SITE FOR SOME TIME NOW AS THE INQUIRIES IN THE LAST SEVERAL MONTHS OUR ESTIMATES ARE ABOUT A MILLION CONSERVATIVE MILLION ACRE. >> TO TO BE ABLE TO MAKE THE SITE HABITABLE OR USABLE FOR AN INDUSTRIAL USE IT WOULD BE A BIT MORE EXPENSIVE FOR HUMAN HABITATION. AND WE ESTIMATE IT WOULD TAKE US AT LEAST FIVE YEARS. >> AND IF I MAY I'D LIKE TO ADD A COUPLE THINGS TO THAT. >> ESD IS COMING FORWARD WITH REMEDIATION TO BETTER OFF GAS THE METHANE THAT IS ON THE SITE AND KERRY CORRECT ME BUT THIS IS LANDFILL. >> IT'S A CLOSED LANDFILL. IF WE WOULD WANT TO PUT HUMANS ON IT, THE LANDFILL BY STATE LAW WOULD HAVE BE REOPENED, FIND A NEW MITIGATION WHICH IS ESTIMATED TO TAKE 3 TO 5 YEARS TO TO DO THAT PLAN AND THEN YOU WOULD HAVE TO REMEDIATE AND THE REMEDIATION AGAIN WOULD BE WELL OVER $2 MILLION. WE JUST TO SHARE THAT WE ARE TAKING THIS VERY SERIOUSLY. WE GOT STEVEN ZIMMER FROM RELATED TO COME SIT WITH US AND TALK ABOUT THEIR LANDFILL PROJECT IN SANTA CLARA AND IT'S TAKEN OVER TEN YEARS FOR THEM TO GET TO LIVABLE STANDARDS AND MANY, MANY MILLIONS OF DOLLARS SUBSIDIZED BY THE REST OF THEIR PROJECT. SO WE TOTALLY UNDERSTAND THE DESIRE TO MAKE GOOD USE OF WHAT 90 ACRES AND WE WILL KEEP DOING THAT AS THE MAYOR SUGGESTED IN HIS MEMO. >> SO I HAVE A LAST QUESTION. THIS SITE IS STILL POTENTIALLY BECAUSE WE ALL KNOW THAT THE FLEA MARKETS TAKING A WHILE TO CLOSE THIS SITE STILL A POTENTIAL SITE FOR THE FLEA MARKET. >> IT IS. OKAY SO I AM FOR MY COLLEAGUES WHO WHO DO HAVE CONCERNS ABOUT SINGLETON ONE. OBVIOUSLY WE CAN'T PLACE PLACE HUMANS IMMEDIATELY ON THE SINGLETON SITE AND THEN WE ALL KNOW THAT THE FLEA MARKET IS TRADITION IN THE CITY OF SAN JOSE. WE'VE BEEN WE'VE BEEN STRUGGLING FIND A LOCATION FOR THE FLEA MARKET. THE FLEA MARKET NOT GOING TO NOT GOING TO CLOSE TODAY OR TOMORROW. IT IS DOWN THE LINE GOING TO CLOSE AND I HOPE THAT SINGLETON IS A POTENTIAL LOCATION FOR THE FLEA MARKET AND WE SHOULD PRIORITIZE SINGLETON FOR A LOCATION FOR THE FLEA MARKET NOT A SAFE SLEEPING LOCATION SO THOSE ARE MY $0.02. >> THANK YOU. THANKS, COUNCILMEMBER. YEAH. FAIR POINT. I DON'T THINK IT'S EITHER OR BUT IT'S A IT'S A FAIR POINT. I THINK IT'S NOT VIABLE EITHER USE IN THE SHORT RUN ANYWAY. I THINK THE SPIRIT OF IT WOULD BE TO JUST CONTINUE TO DO FEASIBILITY AND UNDERSTAND WHAT THE POTENTIAL USES WOULD BE DOWN THE ROAD. >> LET ME GO TO COUNCILMEMBER ORTIZ. NO THANK YOU. THANK YOU MAYOR. THANK YOU COUNCILMEMBER TORRES WITH YOUR QUESTION. >> I'M IN LINE WITH PRETTY MUCH EVERYTHING YOU SAID. SORRY TO BRING YOU BACK DOWN HERE IF WE CAN GET BOTH OF YOU GUYS PLEASE AND THANK YOU. >> SO WANTED TO ASK WHAT IS WHAT IS STAFF'S PROFESSIONAL RECOMMENDATION ON ON THIS SITE IN YOUR YOU KNOW, EXPERT OPINION YOU KNOW BASED ON AMOUNT OF MONEY THAT IT WOULD TAKE IN ORDER TO MAKE THIS SITE FEASIBLE, IS IT WORTH IT IN COMPARISON TO OTHER SITES THAT MAY BE MORE READY TO GO? >> THANK YOU VERY MUCH FOR THE QUESTION AND. JUST TO MAKE SURE STAFF COUNCIL HASN'T APPROVED THIS SITE FLEA [01:30:06] MARKET BUT IS AWARE THAT IT'S BEING STUDIED AS A SITE FOR A FLEA MARKET AND 90 ACRES THAT WE OWN IS INCREDIBLY VALUABLE AND INCREDIBLY IMPORTANT AND OVER TIME THE WORK TO DEAL WITH THE HAZMAT WILL GET BETTER AND BETTER BECAUSE MORE AND MORE OF LANDFILLS ARE GETTING REDEVELOPED SO FOR US IT'S ESSENTIAL THAT WE TO HOW WE CAN HAVE A VARIETY OF USES ON THE SITE BECAUSE. 90 ACRES IS VERY LARGE AND THERE ARE A NUMBER OF DIFFERENT THINGS THAT COULD TAKE PLACE ON SITE OKAY I APPRECIATE THAT HAS AN NOT NOT GETTING INTO THE WHOLE FLEA MARKET YOU KNOW CONVERSATION LOOKING SPECIFICALLY, YOU KNOW, FOR THE USAGE OF A EIA OR SAFE SLEEPING SITE THE BARRIERS THAT ESSENTIALLY MAKE THIS YOU KNOW HARD TO COMPLETE TASK I THINK YOU MENTIONED IT COULD BE UPWARDS OF 5 TO 6 YEARS TO EVEN GET TO A POINT NOT EVEN INCLUDING THE AMOUNT OF MONEY THAT WOULD NEED TO GO INTO MAKING SURE THIS SITE IS QUOTE UNQUOTE INHABITABLE. YOU KNOW THAT IS CORRECT. OKAY. OKAY. >> THEN YOU KNOW, JUST JUST WITH THAT BEING SAID, YOU KNOW, I I THINK THAT I'VE ALSO YOU KNOW, A LOT OF THINGS ON THIS COUNCIL I THINK ARE OFTEN SHORT SIGHTED. I THINK A LOT PEOPLE HERE GO FOR QUICK WINS INSTEAD OF SEEING THE THE LONG TERM WORKABILITY AND FEASIBILITY OF OUR SOLUTIONS AND I THINK THAT'S THE CASE WITH WITH THIS PROJECT. AND SO I'M GOING TO STOP MOTION TO SUPPORT THE MEMO AS IS THE STAFF RECOMMENDATION. >> THIS IS A SUBSTITUTE MOTION TO SUPPORT TO MOVE THE THE STAFF RECOMMENDATION. LET ME GO AND NEITHER OF THE MEMOS. >> LET ME GO TO COUNCILOR BUT NANCY, IS THERE ANY OTHER OR JURISDICTION HAVE DEVELOPED NO LANDFILL SITES AND DO BETTER? >> ABSOLUTELY. THERE ARE SEVERAL SITES WHICH HAVE INDUSTRIAL USES. THERE ARE SEVERAL SITES THAT HAVE THROUGHOUT CALIFORNIA THAT HAVE PARKS. THERE ARE SEVERAL SITES THAT DEVELOPERS HAVE PUT INDUSTRIAL WITH FLEA MARKETS AND THE COSTS OR THE THE REVENUES FROM THE INDUSTRIAL SUBSIDIZE THE WORK OF A FLEA MARKET AND RELATED IS THE FIRST IN THE STATE AS IT'S BEEN SHARED WITH US TO GET RESIDENTIAL ON A LANDFILL AND FLEA MARKET USAGE. >> WILL THAT BE CONSIDERED? SAME AS THE HUMAN THE QUALITY WHICH NEED TO BE BROUGHT UP THE LANDFILL SITE TO THE MITIGATION WHICH IS FOR THE HUMANS. THANK YOU FOR THE QUESTION. THE VERY VERY SKILLED ESD STAFF HAS SHARED THAT A FLEA OPERATION THAT IS PRIMARILY OUT OF DOORS WOULD NOT BE CONSIDERED A RESIDENTIAL ANIMAL TYPE USE AND AT THE SAME TIME THERE WOULD BE PEOPLE ON THE LAND FOR QUITE LENGTHY TIMES SO THE ANALYSIS WOULD HAVE TO BE SCOPED AND DONE TO DETERMINE THE RISKS. >> OKAY. OKAY. SO YOU GIVE AN ESTIMATE OF ABOUT 1000000 TO $2 MILLION. WE CAN'T MANUFACTURE LAND FOR $2 MILLION. YOU KNOW, ESPECIALLY IN CITY OF SAN JOSE WHERE WE ARE SO AND I THINK COUNCILMEMBER ORTIZ MADE A COMMENT THAT WE TEND TO BE SHORT SIGHTED. A PROJECT LIKE THIS SEEMS TO BE A LONG TERM PROJECT. IT IS TO FREE UP 90 ACRES OF LAND POTENTIAL FOR USE. WHAT DOES USES ARE CERTAINLY FOR THE WHETHER THEY ARE FOR FREE, WHETHER THEY'RE FOR RESIDENTIAL AREA OR WHATEVER THE WORK HAS TO START NOW IF WE JUST CLOSED THE SITE AND PUT THE GAS THING WE WOULDN'T BE GETTING ANYWHERE IN THAT DIRECTION. SO I THINK THE RIGHT THING TO DO IS LET'S MOVE ON WITH THE MEMO WHICH WAS WRITTEN BY THE MAYOR BEFORE WE LEFT TO VOTE ON IT SECOND BUT SO WE ARE POSITIONED TO TAKE ADVANTAGE OF 90 ACRES AND SPENDING AS MUCH MONEY AS NECESSARY ONE ACREAGE TIME TWO ACRES AT A [01:35:04] TIME BECAUSE WE ARE PAYING ALREADY $1.7 MILLION FOR THE NORTH VARIATION SITE AND THAT'S A RENTAL WE DON'T EVEN GET TO USE THAT PROPERTY FOREVER AND PAYING 4171. $7 MILLION OF RENTAL AND ALL WE ARE GOING TO HAVE THERE IS ABOUT 100 TREES. SO I THINK FROM A COST ECONOMICS IT MAKES A LOT OF SENSE TO BE DOING THIS FOR A PERMANENT SOLUTION TO OR PROVIDING CITY WITH 90 ACRES OF LAND TO BE POTENTIALLY USING FOR MANY OTHER REASONS. SO I WOULD BE SUPPORTING THE MEMO WHEN WE GET A CHANCE TO DO THAT ONE WE MAY HAVE TO DEAL WITH THE SUBSTITUTE MOTION AT THE MOMENT. OKAY. >> THANK YOU. THANK YOU KELS FOR DOING AS HIS HAND UP JUST FOR I GO BACK TO HIM I DON'T COUNCILOR COHN HAS SPOKEN YET ON THIS ITEM. >> COUNCILMEMBER? YEAH. >> QUICKLY. I'M A LITTLE UNCOMFORTABLE WITH THIS CONVERSATION AS IT IS ON THIS AGENDA ITEM. THIS AGENDA IS TO IS FOR A CONTRACT FOR OUR GAS COLLECTION SYSTEM AND FOR THEIR PROJECT TO DO A REGULAR WORK THAT WE HAVE TO DO TO KEEP THIS. >> THE FACT THAT IT'S A LANDFILL SAFE FOR THE COMMUNITY AROUND IT AND TO MAKE SURE WE CAPTURE METHANE AND DON'T GIVE OFF THE GREENHOUSE GASES THAT ARE EMITTED. THAT'S REALLY THE EXTENT OF THIS ITEM. I JUST I'M NOT CONVINCED THAT THIS IS THE RIGHT PLACE TO BE HAVING A CONVERSATION ABOUT WHAT WE SHOULD PUT ON OUR SAFE SLEEPING SITE LIST THERE IS AN ITEM ON TODAY'S AGENDA ON SAFE SLEEPING SITES AND THAT SHOULD BE TO ME IS THE APPROPRIATE TIME TO HAVE THIS CONVERSATION. I'LL SUPPORT THE UNDERLYING MOTION TO APPROVE THIS CONTRACT TO MAKE SURE WE GET OUR FLOUR IN PLACE AND THEN WE SHOULD MOVE ON. >> YEAH, I WAS GOING TO I APPRECIATE THAT I WAS ACTUALLY GOING TO SUGGEST THE SAME THING. I THINK WE CAN REVISIT THE CONVERSATION CONTINUING TO EVALUATE SINGLETON UNDER THAT ITEM. YOU KNOW I SAW ACCOUNTS FOR DUGAN'S MOTION AND THOUGHT THAT RATHER THAN AGENDA IS A SESSION AUGUST TO SPEAK TO SINGLETON SPECIFICALLY IT WOULD BE BETTER TO SIMPLY IT ON THE LIST AND CONTINUE EVALUATING THE FEASIBILITY. THE SITE FOR MANY DIFFERENT USES USES ACTUALLY VERY EXPLICITLY TAKING A LONG TERM VIEW RATHER THAN TRYING TO DO ANYTHING SPECIFIC THIS BUT HAPPY TO TAKE UP THAT THE SPECIFIC MOTION AROUND SINGLETON AS A POTENTIAL SAFE SLEEPING SITE UNDER THAT ITEM LATER IN THE AGENDA SO I TO A FINE WAS SUPPORTING THE UNDERLYING MOTION AND COMING BACK TO IT ON THE ON THAT ITEM BECAUSE WE'RE DONE THANK YOU MAYOR YOU KNOW IT'S HMM IT'S FUNNY HOW WE USE THE DAY IS TO CHASTISE OTHER PEOPLE AND SHORT SIGHTED AND FOR BENEFIT WHEN YOU'RE DOING A BENEFIT FOR THE HOST THAT IS NOT SHORT SIGHTED. DO YOU REALIZE THAT YEARS AGO WE HAVE LOOKED AT SINGLETON AS AN IKEA CENTER THAT WILL OPERATE 24 SEVEN AND NOW WE'RE TALKING ABOUT PUTTING FLEA MARKET IN THERE WITH PEOPLE WHO ARE OPERATING THERE DAY AND NIGHT AND YET IT'S NOT OKAY TO LOOK AT A YOU KNOW, A PLACE WHERE WE CAN HELP OR UNSHELTERED TO HELP SOME TYPE OF SHELTER. >> THE MIND YOU IF YOU HAPPEN TO WALK OUT THERE TO THE SITE IF THERE'S TRUE A LOT OF METHANE IS WE HAVE NEIGHBORS SURROUNDING THE SITE WITH CYCLONE FENCE YEAH THE NEIGHBOR BUT FAMILIES RIGHT THERE SECOND FENCE IF THERE'S A TRUE METHANE PROBLEMS I DOUBT IT AND IF AND CAREY SAID IT BEST RIGHT IT TAKES ABOUT $1,000,000 AND THEN SOMEHOW WE TO TWO AND 3 TO 5 YEARS AND WE'RE NOT ASKING FOR 90 ACRES WE'RE ASKING FIVE ACRES THAT WE CAN DO THIS YOU KNOW, QUICK CONSTRUCTION SPRUNG UP STRUCTURE THAT CAN GET OR YOU KNOW AND UNHOUSED RESIDENT INTO A SHELTER AND TELL ME WHAT OTHER SIDE WHAT OTHER DISTRICTS ARE WILLING TO PUT UP TO ENTERTAIN A SPOT IN ORDER TO RESOLVE THE HOMELESSNESS RIGHT AND SO YOU I'M A LITTLE BIT OFFENDED BY COUNCILMEMBER ORTIZ AND YOU KNOW QUICK SIGHTED AND AND QUICK WIN NO JUST A WIN FOR WHOLE CITY AND IT'S NOT A JOKE AND NOR IT IS ABOUT YOU KNOW PUTTING THIS OR THAT IT'S ABOUT SAVING HUMAN LIVES AND GIVE THEM DIGNITY AND RESPECT AND I, I HOPE THAT NEXT TIME YOU CAN REFRAIN YOURSELF AS A COUNCILMEMBER ON THAT. >> THANK YOU. OKAY. THANK YOU, COUNCILOR. AND I'LL JUST REITERATE HERE I THINK ALL THE THINGS CAN BE TRUE. I REALLY APPRECIATE YOU COME [01:40:04] FORWARD ONE SEEKING OUT SITES IN YOUR DISTRICT AS A 90 ACRE SITE THE CITY CONTROLS I PERSONALLY THINK IT VERY MUCH SHOULD BE ON UNDER CONSIDERATION. ONGOING INVESTIGATION FOR MULTIPLE USES FROM COMMERCIAL TO FLEA MARKET IT SHOULD BE A COMMERCIALLY TO POTENTIAL SAFE SLEEP. I THINK THERE ARE A LOT OF OPTIONS HERE. I DO THINK WE HAVE AN OPPORTUNITY TO TALK ABOUT THE SITE UNDER 8.4 AS COUNCILOR OKON SUGGESTED WHICH IS WHY I PERSONALLY CAN SUPPORT THE SUBSTITUTE WITH THE ASSUMPTION THAT THAT SITE WILL BE DISCUSSED AT A LATER POINT. BUT LET ME I SEE WE'VE GOT A WHOLE ANOTHER ROUND OF HANDS UP. LET'S SEE IF WE CAN GET TO A VOTE ON THIS ITEM COMING BACK AROUND TO COUNCILMEMBER ORTIZ AND THEN A COUPLE OTHER HANDS AFTER THAT. >> THANK YOU MAYOR. I JUST WANT TO MAKE SURE THAT WE'RE TALKING ABOUT FACTS HERE BECAUSE THERE'S A LOT OF POSTURING THAT GOES ON, A LOT OF MISINFORMATION FROM THE OTHER SIDE OF THE AISLE. >> WE WANT TO TALK ABOUT WHAT DISTRICTS ARE HOLDING THE MAJORITY OF OUR E.H. IS IN OUR AFFORDABLE HOUSING. >> IT'S DOWNTOWN. IT'S DISTRICT SEVEN. IT'S NOT DISTRICT TEN. SORRY TO SAY THAT TO ALL THE PEOPLE WHO ARE UP IN ARMS REGARDING SOUTH SAN JOSE. >> IT'S NOT DISTRICT TWO, IT'S IN DOWNTOWN SAN JOSE. >> LET'S WORK WITH FACTS YOU GUYS. LET'S NOT MAKE THINGS UP FOR VOTERS OUT THERE JUST TO GET LAUGHS AND STUFF AND NOT JUST THAT YOU KNOW, I'M ALSO, YOU KNOW, DISAPPOINTED IN COUNCILMEMBER BEYOND JUAN'S DENYING OF FACTS, RIGHT WE HAVE COUNCIL MEMBERS ARE GOING TO DISPUTE FACTS ABOUT METHANE GAS AND THEN SAY WE COULD PUT HOMELESS PEOPLE RIGHT ON THAT SITE AND SAY THAT THAT'S HUMANE THAT'S NOT HUMANE. YOU'RE DEHUMANIZING THOSE INDIVIDUALS WILLING TO EXPOSE THEM INTO CONDITIONS THAT WILL DETRIMENT THEIR HEALTH. >> RIGHT. AND THEN ALSO WE NEED SOLUTIONS TODAY, NOT SOLUTIONS SIX YEARS FROM NOW THAT THAT WON'T HELP ANYBODY. HOPEFULLY WE'RE ABLE TO SOLVE THIS ISSUE IN THE NEXT COUPLE OF YEARS BY REAL NOT PIE IN THE EYE FAILED SOLUTIONS BY FAILED COUNCILMEMBERS. >> THANK YOU SO MUCH. WELL AND I NEVER STATED PUTTING A HUMAN BEING ON TOP OF METHANE WITHOUT REMEDIATION AND LET'S BE VERY CLEAR THAT OKAY THANK YOU FOR YOUR RIGHT LET'S MAINTAIN ORDER THANK YOU COUNSELOR. >> YEAH I THANK YOU SO MUCH COUNCILMEMBER ORTIZ FOR FOR YOUR WORDS AND I DO ECHO I DO I DO WANT TO I DON'T WANT THIS TO BECOME CONTENTIOUS BUT BUT FOR A COUNCILMEMBER SITTING TO MY RIGHT SAYING THAT WE SHOULD ALL TAKE RESPONSIBILITY FOR OUR HOMELESS DISTRICT IS DOING IT LAST WEEK WE JUST PASSED AN ORDINANCE TO IT EASIER FOR FOR FOR FOLKS TO CREATE SAFE SLEEPING LOCATIONS OR THIS IS A 100 PERCENT OF OF OF OF OF OF THE LOCATIONS WE'RE IN DISTRICT THREE WE'RE GOING TO HEAR ITEM 8.4 A LOT OF THE LOCATIONS ARE IN DISTRICT THREE AND SO COUNCILMEMBER ORTIZ IS RIGHT I DON'T I THINK EVERYBODY KNOWS A LOT OF THE AFFORDABLE HOUSING PROJECTS ARE IN DISTRICT THREE PLENTY OF SAFE SLEEPING LOCATIONS ARE GOING TO BE HAPPENING IN DISTRICT THREE QUICK BILLS ARE GOING TO BE HAPPENING IN DISTRICT THREE A MAJORITY OF OUR UNHOUSED ALONG THE GUADALUPE AND COREY TWO RIVERS AND THAT'S IN DISTRICT THREE AND SO WITH THAT I DON'T WANT THIS TO BECOME EVEN MORE CONTENTIOUS BUT BUT MY COUNCIL DISTRICT THE RESIDENTS OF DISTRICT THREE ARE REALLY MOVING THE NEEDLE ON MAKING SURE THAT THAT OUR UNHOUSED ARE BECOMING. >> HOW SO? THANK YOU. >> THANK YOU BECAUSE WE'RE ABOUT TO THANK YOU, COUNCILMEMBER TORRES. I THINK WE NEED TO REST THIS DEBATE WHICH COUNCIL IS CARRYING THE BURDEN WHERE THE ACTUAL HOMELESS ARE WE LEAVE THAT FOR THE HOUSING DEPARTMENT TO COME BACK AND PRESENT THE DATA IN THEIR USUAL REPORTING TIME AND THEY CAN BREAK IT DOWN BY DISTRICT AND LET'S LEAVE THAT EMOTIONAL PART OUT AND ADDRESS THE REAL ISSUES ON HAND. OKAY. >> NOW REGARDING THE THE VOTING WE WANT TO DO HERE, MAYOR, OUR INTENTION WAS TO SEE THAT THE SINGLETON SITE DOES GET DISCUSSED WHETHER THAT GETS DISCUSSED UNDER THE 2.37 OR WHETHER THAT DISCUSSION THE 8.4 WE HAVE ABSOLUTELY NO ISSUES WITH THAT. SO PROCEDURALLY WE FIND THAT WE WANT TO CONTINUE WITH 2.37 AS IS. THAT'S FINE BUT WE DO NEED TO BRING THAT THAT DISCUSSION UP AND 8.4 FAIR ENOUGH I APPRECIATE THAT MY MEMO WAS REACTING TO THE MEMO FROM YOU AND COUNCILOR TO WANT ATTACHED TO THIS ITEM I DO THINK IT'S APPROPRIATE UNDER ITEM EIGHT POINT FOUR I BELIEVE IT IS ALREADY LOST TRACK 8.4 SO THAT WOULD BE MY SUGGESTION THE SUBSTITUTE MOTION WOULD GET US THERE SO I'LL BE SUPPORTING THAT BUT LOOK FORWARD TO DISCUSSING SINGLETON UNDER ITEM 8.4. OKAY THIS IS GOING TO BE THE LAST WORD COUNCILOR AT ONE. [01:45:01] WELL YEAH I'M JUST ASKING TO JUST TO HAVE SINGLETON THE LIST RIGHT AND JUST THERE'S MANY OTHER COMPANY PUTTING HOUSING ON TOP OF LANDFILL INCLUDING SANTA CLARA AND NO ONE NO ONE HERE IS SUGGESTING THAT WE PUT OR UNHOUSED RESIDENTS ON TOP OF A LANDFILL WITHOUT PROPER REMEDIATION. >> I JUST WANT TO MAKE THAT CLEAR AND REMIND THE LANDFILL HAD BEEN CLOSED FOR THE LAST 50 YEARS. THANK YOU. THANK YOU COUNCILMEMBER. OKAY. I THINK WE'VE EXHAUSTED COMMENTS, TONI. DO WE ANY PUBLIC COMMENT AND AGAIN THE SUBSTITUTE MOTION IS TO ACCEPT THE RECOMMENDATION NOT ON ITEM 2.37 ON ITEM .37 WE DO NOT HAVE ANY PUBLIC COMMENT. LET'S VOTE THE SUBSTITUTE MOTION WHICH MOVES THE STAFF RECOMMENDATION. OKAY. THANK YOU. SO JUST FOR THE RECORD THE STAFF RECOMMENDATION WAS ADOPTED AND NEITHER OF THE ATTACHED MEMOS WERE ADOPTED. >> MAYBE FURTHER DISCUSSION LATER. OKAY, I'M JUST GOING TO WE ARE THE VOTE WAS EIGHT ONE WITH TWO. >> NO. OKAY. THANK YOU. UH I'M GOING TO I WOULD LIKE TO GET US THROUGH THE CONSENT CALENDAR. >> WE HAVE TWO MORE ITEMS THAT WERE PULLED THAT SHOULD NOT REQUIRE AS MUCH DISCUSSION KNOCK WOOD COUNCILOR FOLEY ITEM 2.40 YOU NEVER KNOW. THAT'S THE WE ARE TALKING ABOUT WHETHER WHETHER THESE WILL BE CONTROVERSIAL OR NOT. OKAY. SO THE FIRST ONE IS ITEM 2.4 ACTIONS RELATED TO THE SCHEDULE OF PARKING PENALTIES. I DO HAVE A MEMO JOINT MEMO WITH COUNCILMEMBER JIMENEZ TORRES, DAWSON AND MYSELF. THE RECOMMENDATION IS TO INCREASE THE PENALTIES BUT I'D LIKE TO MODIFY THE MOTION THE MEMO FROM 112 52 AROUND A NUMBER $115 PER REQUEST OF STAFF AND WITH THAT I MOVE OUR MEMO GREAT AND NOT OVERCOMPLICATED BUT I DID ONE VERY SMALL QUESTION OF POTENTIAL FRIENDLY AMENDMENT JOHN I BELIEVE I HEARD FROM STAFF THAT STAFF GENERALLY PREFERS USING ROUND NUMBERS. IS THAT TRUE? DO YOU HAVE A STRONG PREFERENCE HERE? WOULD YOU WANT TO WOULD IT BE HELPFUL IF IF THE COUNCIL WERE TO SUPPORT A THE VIOLATION THAT WOULD BE BEING AT LET'S SEE IF WE COULD ROUND UP TO 115 OR I DON'T KNOW IF THAT MATTERS LAUGHING ALL IN IS SORRY IS IT USEFUL? >> YEAH. THANK YOU MAYOR JOHN RUSSELL, DIRECTOR OF TRANSPORTATION TEN AND IF I'M UNDERSTANDING YOUR QUESTION WE DO SUPPORT THE PROPOSED VIOLATION FOR THAT THE CITATION AMOUNT FOR THAT VIOLATION IT FALLS WITHIN THE RESEARCH RANGE THAT WE DID COMPARING MANY OTHER CITIES THE FINES AND OF A BIKE BIKE PARKING IN A BIKE LANE. >> SO WE SUPPORT IT. I SUPPORT IT AS WELL BUT I THINK WE HEARD FROM STAFF THAT HAVING IT BE 12 $112 AND $0.50 WAS A LITTLE AWKWARD AND THERE WAS A SUGGESTION THAT MAYBE WE ROUND TO 110 OR 115 THAT'S CORRECT. >> WE THAT WAS OUR SUGGESTION AND GREG AND I ROUND DID ROUND ROUND IT TO I MISSED 115 ONE 15 SO WE ALL ARE ON THE SAME. OKAY MY APOLOGIES I WAS REVIEWING MY NOTES. OKAY GREAT PUBLIC I'M SORRY WE HAVE COUNCIL MEMBERS HANDS TOURS YES THAT'S LUNCH CONSENT CALENDAR TODAY WITH THAT AND I DO WANT TO THINK AND DON'T WANT TO KEEP THE MEETING GOING BUT I REALLY DO WANT TO THANK COUNCILMEMBER COUNCILMEMBER DWAN AND COUNCILMEMBER FOLEY FOR INCLUDING ME IN THIS BROWN ACT. >> DAY IN, DAY OUT ARE ARE OUR CYCLING COMMUNITY CALLS OUR OFFICE AND D.O.T. ABOUT ABOUT CARS PARKED IN THE PARKED IN THE BIKE LANE TRASH BINS IN THE PARK CLEAN COMMERCIAL VEHICLES ON THE PARK LANE AND SO THAT THAT'S WHY IT'S IMPORTANT FOR FOR FOR ME TO SUPPORT THIS MEMO AND MY COLLEAGUES TO SUPPORT THIS MEMO BECAUSE WE IF WE WANT TO CREATE A TRUE DOWNTOWN FOR EVERYBODY THEN THIS IS GOING TO HELP GET US THERE. SO WITH THAT KNOW THE REST OF MY TIME SO THANK YOU. >> THANK YOU. CUSTOMER ORTIZ THANK YOU MAYOR SO I JUST WANT TO EXPLAIN TO MY VOTE THAT'S COMING UP. YOU KNOW APPRECIATE MY COLLEAGUES IN THEIR MEMO I UNDERSTAND WHERE IT'S COMING FROM I UNDERSTAND THE NEED FOR ONGOING PROTECTIONS FOR OUR CYCLISTS I'M JUST CONCERNED THAT THIS MAY HAVE A DISPROPORTIONATE IMPACT ON MY IN EASTSIDE SAN JOSE WHERE PARKING IS HARD TO BY YOU KNOW AND PEOPLE ARE ALREADY FORCED TO YOU KNOW, PARK NO PARKING ZONES AND DOUBLE PARK. >> SO I'M CONCERNED THIS MAY HAVE A NEGATIVE EFFECT SPECIFICALLY ON WORKING PEOPLE [01:50:05] PEOPLE OF COLOR SO I SUPPORT YOU KNOW I UNDERSTAND WHERE MY COLLEAGUES ARE COMING FROM BUT I'M GOING TO VOTE NO THANK YOU. >> LOOK, THANK YOU, TONI. >> THE REAL PUBLIC COMMENT. >> YES. JORDAN MOLDER. ALL RIGHT RIGHT, JORDAN MOLD OUR DISTRICT THREE SPEAKING ON BEHALF OF MYSELF AND SUPPORTIVE OF THE MOTION ON THE FLOOR TO INCREASE THE RATES AND PARTICULARLY THE RATES FOR THE BIKE PARKING I THINK IT IS IMPORTANT FOR PEOPLE TO BE ABLE TO BIKE SAFELY THROUGH TOWN. THERE'S LOTS OF OTHER THINGS WE NEED TO DO AS WELL TO MAKE IT SAFE TO THINK THROUGH THE CITY. BUT THIS IS ONE OF MANY THINGS AND THE FEE DOESN'T CHANGE THE FACT THAT IT IS ILLEGAL TO PARK IN A BIKE LANE REGARDLESS OF WHAT THE FEE IS. BUT THIS YOU KNOW, CREATES AN INCENTIVE STRUCTURE. SO I'M SUPPORTIVE OF THAT. I ACTUALLY WANTED TO SPEAK A DIFFERENT PART OF THE FEE SCHEDULE AND I APOLOGIZE IF I OPEN A CAN OF WORMS I WANTED TO TALK ABOUT THE STREET SWEEPING FEE SCHEDULE FOR MCO 1136 119 SO THERE'S A PRESENTATION BACK IN DECEMBER I BELIEVE STREET SWEEPING AND IT IDENTIFIED THAT THE CITATIONS GO OUT FOR STREET SWEEPING ARE ALMOST PREDOMINANTLY IN DISTRICT AND DISTRICT FIVE THERE WAS A MAP IN THE TV PRESENTATION THAT SHOWS A BUNCH OF DOTS AND THEY'RE ALL CLUSTERED IN D THREE IN D FIVE AND YOU CAN'T EVEN REALLY SEE THOSE DISTRICTS . THE STAFF REPORT ALSO SAID THAT ONLY 13.2% OF CURB MILES IN THE CITY ARE SIGNED FOR PARKING RESTRICTIONS FOR STREET SWEEPING SO EVERY STREET HAS RESTRICTIONS BUT ONLY 13% OF THEM ARE SIGNED AND SO YOU CAN ONLY RECEIVE A VIOLATION IF YOU'RE PARKED IN THAT 13% WHICH APPEARS TO BE PREDOMINANTLY IN 83 AND 85. SO I WOULD SUGGEST YOU CONSIDER MAYBE NOT RAISING THE STREET SWEEPING RATE AND INSTEAD LOOK INCREASING THE SIGN COVERAGE THE CITY OR DOING SOMETHING TO MORE EQUITABLY DISTRIBUTE WHERE THOSE ARE BEING SENT TO. THANK YOU IN FACT TO COUNCIL. >> THANK YOU. COMING BACK TO THE COUNCIL CUSTOMER FOUR IS YOUR HAND STILL? >> NO. OKAY. NO, NO. >> OKAY LET'S IN ANY OTHER REQUEST TO SPEAK SO TONI LET'S VOTE ON ITEM 2.40. I'M STILL WAITING ON ONE SO EVERYONE VOTED THERE WE GOING GO MOTION PASSES 8 TO 1 WITH ORTIZ VOTING NO. >> OKAY THANK YOU CUSTOMER FLOYD BACK TO YOU FROM 2.4 TO I MAKE BOTH OF THESE MOTIONS ON BEHALF OF COUNCILMEMBER JIMENEZ WHO WAS ABLE TO BE HERE TODAY. THIS ONE IS AN AMENDMENT TO COUNCIL POLICY FIVE TO ASSIST 5-6 TRAFFIC CALMING FOR RESIDENTIAL NEIGHBORHOODS I'D LIKE TO ACTUALLY MODIFY OUR MOTION TO INCLUDE LANGUAGE THAT IS PREFERRED BY STAFF AND THE MODIFICATION THE LANGUAGE IS IT'S IT'S THE SECOND PARAGRAPH WHERE IT STARTS THIS POLICY I'M GOING TO STRIKE THAT AND REPLACE IT WITH THIS POLICY DOES NOT APPLY WHEN THE CITY IMPLEMENTS ADOPTED SAFETY MODE SHIFT AND CLIMATE SMART GOALS AND PLANS WITH THAT I MOVE OUR MEMO SECOND GRADE COUNCILMEMBER ORTIZ THANK YOU MAYOR FIRST AND FOREMOST I WANT TO THANK DEPARTMENT OF TRANSPORTATION FOR THE GREAT WORK ON AMENDING THIS POLICY. I ALSO WANT TO THANK COUNCILMEMBER JIMENEZ FOR PLANNING THE SEAT DURING THE LAST BUDGET CYCLE TO WORK ON GREAT CHANGE. >> I THINK WE KNOW DISTRICT FIVE IS HOME TO MANY OF OUR VISION ZERO CORRIDORS WHICH CREATES A TENSE ENVIRONMENT AMONG OUR EASTSIDE STREETS AND I'M INCREDIBLY GRATEFUL FOR THE HOLISTIC TO SECURE GRANT FUNDING FOR COMPLETE TRANSFORMATION OF THESE STREETS SUCH AS KING ROAD, STRAWBERRY ROAD, JACKSON AVENUE RECENTLY THE MCKEE ROAD, COMPLETE STREETS THOUGH IN THE MIND OF OUR RESIDENTS THE WORK ON OUR MAJOR STREETS APPEARS TO LEAVE RESIDENTIAL STREETS BEHIND AND WE KNOW THAT SPEED KILLS SO TODAY'S ITEM TO LOWER THE SPEEDING THRESHOLD NEEDED FOR TRAFFIC CALMING MEASURES IS A STEP IN THE RIGHT DIRECTION AND BY DROPPING THE SPEED FROM 33 TO 31 MILES PER HOUR WE EFFECTIVELY OPEN UP MANY [01:55:05] RESIDENTIAL STREETS TO RECEIVE THE NECESSARY IMPROVEMENTS SUCH AS SPEED HUMPS THAT OUR RESIDENTS DESERVE. AND WITH THAT, YOU KNOW, I JUST WANT TO THANK THE OTHER COAUTHORS OF THE MEMO AND I LOOK FORWARD TO THE VOTE. >> THANK YOU. GREAT. >> THANK YOU. COUNCILMEMBER, DO WE HAVE ANY PUBLIC COMMENT? JORDAN JORDAN JORDAN MULDROW THREE SPEAKING ON BEHALF OF MYSELF I SUPPORT THE STAFF MEMO AND WHATEVER CLARIFICATIONS THAT THE COUNCIL MEMBERS AND THE STAFF AGREED TO WITH REGARDS TO THAT PURPOSE PARAGRAPH. AS COUNCILMEMBER ORTIZ MENTIONED, SPEED KILLS AND EVERYONE DESERVES TO LIVE ON A STREET THAT IS BOTH IS SAFE AND ALSO THAT FEELS SAFE SO I SUPPORT ANYTHING THAT WE CAN DO TO INCREASE NUMBER OF ROADS THAT ARE ELIGIBLE FOR TRAFFIC CALMING AND ALSO JUST REDUCE THE BARRIERS TO GETTING SUCH PROJECTS. I DO HAVE SOME SUGGESTIONS THAT MAYBE NEXT YEAR YOU CAN CONSIDER MORE AMENDMENTS TO THIS. THE CURRENT POLICY ONLY LIKE ONLY FOR STREETS THAT ARE EITHER 25 MILES PER HOUR SIGN OR 30 MILES PER HOUR SIGNS. BUT I IMAGINE IN THE FUTURE WE'RE GOING TO PROBABLY SEE MORE AND MORE STREETS THAT MIGHT BE SIGNED FOR 20 MILES AN HOUR AND SO SORT OF INEXPLICABLY YOU WOULDN'T BE ABLE TO DO TRAFFIC CALMING UNDER THIS POLICY BECAUSE IT DOESN'T COVER 20 MILE PER HOUR ROADS. SO I THINK IN FUTURE MAYBE COME BACK WITH AN UPDATE TO THIS POLICY THAT ALSO COVERS 20 MILE PER HOUR RESIDENTIAL ROADS OR COMMERCIAL DISTRICTS. SECOND, I WOULD ENCOURAGE THAT AS WE GO IN THE FUTURE WE CONTINUE LOWERING THESE THRESHOLDS EVEN MORE WITH CURRENT PROPOSAL. A ROAD WHERE 86% OF THE CARS ARE GOING FIVE MILES AN HOUR OVER THE SPEED LIMIT AND 14% ARE GOING SIX MILES PER HOUR OR MORE OVER THE SPEED LIMIT WOULD NOT BE ELIGIBLE FOR TRAFFIC CALMING UNDER THIS POLICY BUT IT FEELS LIKE IT SHOULD BE. I KNOW THERE'S AN EXCEPTION PROCESS BUT IT SEEMS A LITTLE CONVOLUTED AND YOU KNOW POTENTIALLY COULD BE BIASED SINCE IT'S NOT BASED ON SPECIFIC METRICS. SO IN THE FUTURE I SUPPORT LOWERING THE THRESHOLDS EVEN MORE THANKS TO COUNCIL GRADE THAT YOU PUT TO OTHER HANDS LET'S VOTE. >> MOTION PASSES UNANIMOUSLY. GREAT. THANKS. DO WE HAVE A MOTION ON THE REMAINDER OF THE CONSENT COUNT THROUGH THE REMAINDER OF THE CONSENT. GREAT TO HAVE ANY PUBLIC COMMENT. I HAVE A LOT OF CARDS. OKAY FOUR GO TO PUBLIC COMMENT SO WHEN I CALL YOUR NAME PLEASE COME DOWN FIRST PERSON ON THE MICROPHONE GO AHEAD AND SPEAK THE OTHER PEOPLE SIT IN THIS FIRST ROW FORREST PETERSON RUTH SILVER TALIB MICHAEL. Q WILLIAM CHISHOLM, JOAO PAOLO CONNELLY AND WE'LL START WITH THOSE. >> MAYOR CITY COUNCIL THANK YOU VERY MUCH FOR THIS OPPORTUNITY TO SPEAK. MY NAME IS DR. FORREST PETERSON . I'M A RESEARCHER WITH STANFORD UNIVERSITY. I'VE BEEN SPEAKING ON THIS ISSUE I THINK FOR EIGHT YEARS NOW SO I DO APPRECIATE THIS COMING TO A CONCLUSION SO VERY QUICKLY THERE ARE 555 WAGE THEFT CASES AND I'M SPEAKING ON THE RESPONSIBLE CONTRACT ORDINANCE WHICH I'M IN SUPPORT OF RESULTING IN A TOTAL OF OVER $3 MILLION IN STOLEN WAGES AND THAT'S UNPAID WAGES OF ONLY $34,000 OF THAT 3.2 MILLION HAS BEEN REPAID. AND SO THE WORKERS OF THE CITY THAT THAT THEFT COMPRISES 700 DISCRETE WAGE AND HOUR VIOLATIONS AFFECTING ALMOST 700 WORKERS. 113 EMPLOYERS HAVE MULTIPLE CASES RECORDED AGAINST THEM. I WON'T WELL. >> 1150 THREE SAN RAFAEL WHICH ISN'T AN ADDRESS IN SAN JOSE WHICH IS INTERESTING I THOUGHT IT WAS A VIOLATION OF THE DATA SET THAT IS A COMPANY THAT THE HIGHEST UNPAID WAGE THEFT VIOLATION AND IT'S AN ACTUAL COMPANY IN SAN JOSE THAT'S AT A DIFFERENT ADDRESS AND PREVAILING WAGE THEFT IS UNPAID PREVAILING WAGE BANNING CONSTRUCTION EXCAVATION HAS SIX VIOLATIONS FOUR OR FIVE EMPLOYEES THAT'S UNPAID AND FOR THAT REASON THE RESPONSIBLE CONTRACTOR IS IMPORTANT TO MAKE SURE WE DON'T ALLOW COMPANIES LIKE THIS TO TO OPERATE IN SAN JOSE AND VICTIMIZE THE CITIZENS OF THE CITY. [02:00:06] YOU VERY MUCH. >> THANK YOU. NEXT SPEAKER HELLO MAYOR AND COUNCIL MEMBERS MY NAME IS RUTH SILVER TOBE AND I COORDINATE AT THE SANTA CLARA COUNTY WAGE THEFT COALITION AND ALSO SUPERVISE THE WORKERS RIGHTS PRACTICE AT THE ALEXANDER COMMUNITY LAW CENTER AT SANTA CLARA UNIVERSITY SCHOOL OF LAW WAGE THEFT THEFT IS WIDESPREAD AND IT HAS BECOME A MODEL FOR SOME BUSINESSES. IT HAS A DISPROPORTIONATE IMPACT ON WORKERS OF IMMIGRANTS AND WORKING WOMEN AND ALSO THEIR FAMILY AND THE ENTIRE COMMUNITY. >> THIS RESPONSIBLE CONSTRUCTION ORDINANCE IS TO ACTUAL COURT JUDGMENTS. IT'S ALSO VERY SIMPLE AND STREAMLINED AND A COMPROMISE THAT WAS HAMMERED OUT. >> IT JUST INVOLVES CHECKING A DATABASE, PAYING AND WITHHOLDING CERTIFICATES OF OCCUPANCY UNTIL JUDGMENTS ARE PAID. LETTING BAD ACTORS GET AWAY WITH WAGE HAVE HARMS NOT ONLY WORKERS BUT ALSO SMALL. IT IS REALLY UNFAIR COMPETITION AND WE NEED TO DO MUCH IN OUR COMMUNITY TO PROTECT AND EMPOWER WORKING PEOPLE AND ALSO LIFT UP RESPONSIBLE BUSINESSES THAT ARE ADHERING TO THE LAW. SO I URGE YOU TO TODAY TO ENACT THE RESPONSIBLE CONSTRUCTION ORDINANCE WITHOUT FURTHER DELAY AND I WANT TO THANK THE COUNCIL FOR PUTTING IT ON THE CONSENT CALENDAR. THANK. >> THANK YOU. NEXT SPEAKER. >> GOOD AFTERNOON, MAYOR AND MEMBERS OF THE CITY COUNCIL. MY NAME IS MICHAEL KOCH AND. I'M HERE TODAY SPEAKING ON BEHALF OF NOW SILICON VALLEY NOW IS LEADING ORGANIZATION FOR 180 PLUS DEVELOPERS OWNERS, INVESTORS, ASSET MANAGERS, BROKERS AND RELATED PROFESSIONALS OFFICE INDUSTRIAL R&D AND MIXED USE REAL ESTATE. I WANT TO EXPRESS OUR DEEP APPRECIATION FOR YOUR CAREFUL CONSIDERATION AND RESPONSIVENESS REGARDING THE RESPONSIBLE CONSTRUCTION ORDINANCE. WE ARE EXTREMELY GRATEFUL FOR YOUR WILLINGNESS TO ENGAGE WITH THE CONCERNS OF THE BUSINESS COMMUNITY AND WE COMMEND YOU FOR FOSTERING A FAIR AND EQUITABLE ENVIRONMENT ALL STAKEHOLDERS INVOLVED. I WOULD LIKE TO SPECIFICALLY THANK COUNCIL MEMBERS ORTIZ, FOLEY, TORRES, DAVIS AND HE MENEZ FOR INTRODUCING AN AMENDED POLICY THAT ADDRESSED OF THE CONCERNS RAISED BY THE BUSINESS COMMUNITY. THE AMENDMENTS TO THE ORDINANCE REFLECTED A BALANCED APPROACH THAT NOT ONLY PROTECTS INTEGRITY OF OUR INDUSTRY BUT ALSO UPHOLDS THE RIGHTS AND DIGNITY OF WORKERS AS AMBASSADORS OF THE COMMERCIAL REAL ESTATE INDUSTRY. RECOGNIZE THAT WAGE THEFT IS A PROBLEM THAT REQUIRES ATTENTION. OUR ORGANIZATION HAS AND WILL CONTINUE TO REMAIN COMMITTED TO COMBATING WASTE AND SUPPORTING FAIR LABOR PRACTICES FOR ALL WORKERS. WE FOLEY SUPPORT THE NEWLY PROPOSED RESPONSIBLE CONSTRUCTION. TO CONCLUDE OUR AGAIN I'D LIKE TO THANK MAYOR MAY AND CITY AND STAFF FOR ADDRESSING OUR CONCERNS AND BEING SO OPEN WORKING WITH ALL OF THE RELEVANT STAKEHOLDERS IN THIS MATTER. >> THANK YOU. >> THANK YOU. NEXT SPEAKER I'D ALSO LIKE TO CALL DOWN JOSE ESPINOSA, DOUG BLOCK, JOSE AND WILL SMITH. >> GOOD AFTERNOON MAYOR AND COUNCIL. MY NAME IS RAUL PAULO CONNOLLY . I'M HERE TO SPEAK ON BEHALF OF WORKING PARTNERSHIPS USA AND I WANT TO URGE YOU TO PASS THE RESPONSIBLE CONSTRUCTION ORDINANCE. >> WE WANT TO SPECIFICALLY THANK THE COUNCIL MEMBERS WHO LED IN THIS PROCESS ESPECIALLY COUNCIL MEMBER DAVE DAVIS WHO WORKED TIRELESSLY GET THIS TO THE FINISH LINE. AS YOU KNOW, CONSTRUCTION IN SAN JOSE IS A TWO TIERED INDUSTRY. MANY EMPLOYERS PROVIDE FAMILY WAGES, TRAINING AND CAREER PATHWAYS. >> BUT THERE LOW ROAD CONTRACTORS WHO PROFIT OFF THE BACKS OF WORKFORCE AND USE SHADY BUSINESS PRACTICES CUTTING CORNERS ON HEALTH AND SAFETY AND EVEN OUTRIGHT PRACTICES LIKE WAGE THEFT WAGE THEFT IN SAN JOSE DISPROPORTIONATELY TARGETS WORKERS TARGETS WORKERS OF COLOR IMMIGRANTS AND IS ALARMINGLY WIDESPREAD WITH WITH LATINO CONSTRUCTION WORKERS BRINGING 38% LESS THAN THEIR WHITE COUNTERPARTS HOME. >> THE RESPONSIBLE CONSTRUCTION ORDINANCE BEFORE YOU TODAY FINALLY GIVES WORKERS A TOOL TO HOLD BAD ACTORS ACCOUNTABLE WHEN BREAK THE LAW AND BY REQUIRING THE PAYMENT OF EXISTING UNPAID WAGE JUDGMENTS. SAN JOSE CAN HELP WORKERS RECOVER WAGES THAT ARE OWED [02:05:01] THEM AND HELP CREATE A LEVEL PLAYING FIELD FOR THE MAJORITY OF LAW ABIDING CONSTRUCTION EMPLOYERS IN THIS TOWN. >> WHILE THE ORDINANCE BEFORE YOU TODAY IS IS NARROWER THAN THE ORIGINAL PROPOSAL, WE BELIEVE IT IS STILL A HUGE STEP FORWARD IN EMPOWERING LOCAL WORKERS TO STAND UP FOR THEIR RIGHTS. >> I URGE YOU TO APPROVE THE RESPONSIBLE CONSTRUCTION ORDINANCE BEFORE YOU TODAY AND MOVE WITH SPEEDY IMPLEMENTATION . THANK YOU. THANK YOU. NEXT SPEAKER. THANK YOU, MA'AM. >> MY NAME IS WILLIAM CHISHOLM . I REPRESENT THE ELEVATOR CONSTRUCTORS UNION AND LOCAL INCHES NORTHERN CALIFORNIA AND IT'S A PRETTY LARGE JURISDICTION WHICH SERVES AS JUST A SMALL OF IT. BUT WAGE THEFT HAS A WIDESPREAD IN HEINOUS CRIME. MILLIONS OF DOLLARS ARE BEING STOLEN EACH YEAR FROM OUR SENIORS, THEIR FAMILIES WITH THE HARDEST IMPACT FALLING ON THE WORKERS OF COLOR IMMIGRANTS WORKING WOMEN. WE WHEN UNSCRUPULOUS CORPORATE STEALING FROM THEIR WORKERS IT AFFECTS NOT JUST THE WORKERS THEMSELVES BUT THEIR FAMILIES AND THEIR ENTIRE COMMUNITY LETTING BAD ACTORS GET AWAY WITH THE WAGE THEFT ALSO HARMS OUR MANY SMALL BUSINESSES IMMIGRANT ENTREPRENEURS WHO ARE TRYING TO PLAY BY THE RULES AND TREAT THEIR WORKERS FAIRLY BUT GETTING UNDERCUT AND PUSHING OUT BUSINESSES BY COMPANIES WHO CHEAT BREAK THE LAW AND EXPLOIT WORKERS AND GET AWAY WITH IT. WE TO DO MUCH MORE IN OUR CITY TO PROTECT AND EMPOWER WORKING PEOPLE TO UPLIFT RESPONSIBLE BUSINESSES, TO PAY THEIR WORKERS FAIRLY AND TO PREVENT THE PRICE AND PROSECUTE WAGE THEFT. I URGE YOU TO VOTE TO ENACT A RESPONSIBLE CONSTRUCTION ORDINANCE WITH NO FURTHER DELAY . THANK YOU. NEXT SPEAKER HELLO COUNCIL MEMBERS. >> MY NAME IS SPINOZA. I'M THE BUSINESS REPRESENTATIVE FOR THE PAINTERS AND TAPPERS IN THE AREA OUTSIDE CALIFORNIA. >> THE REASON THAT I'M SO IN THE PAINTING INDUSTRY THERE'S A LOT OF STUFF I HAVE TO FIGHT CRIME. I HAVE TO FIGHT CASES ALL THE TIME. THE PEOPLE COMING OUT AS STRAIGHT OUT OF STATE GETTING REPAINT OF THE SCHOOL AND MISCLASSIFYING LIKE LABOR SO EVERY 10 HOURS SO THERE'S ALWAYS PROBLEM THAT WE HAVE. PLUS I DON'T KNOW IF YOU GUYS REMEMBER IT WAS ALL OVER NEWS COUPLE OF YEARS BACK THAT SELBY TOWERS THEY USED TO HAVE PEOPLE IN CASES WHERE THEY WERE LIVING IN THERE AND THEY JUST HAD THEM LIKE SLAVES SO I YOU TO PLEASE ENACT AND RESPONSIBLE ORDINANCE WITHOUT ANY FURTHER DELAY. >> THANK YOU. THANK YOU. NEXT SPEAKER. GOOD AFTERNOON EVERYBODY. MY NAME IS FOR SOLUTIA BUT I'M A BUSINESS REPRESENTATIVE REPRESENTING MULTIPLE TRADES AND. WE'RE HERE JUST TO SPEAK ON WHICH THIS WILL COME ACROSS MANY COMPANIES CHECKING UP ON PROJECTS AND IS VERY SAD TO SEE THERE IS STILL NO REGULATION TO CHECK THESE CONTRACTORS. AS AN EXAMPLE GREEN LIGHT DRYWALL DOESN'T EVEN OWN A CHABLIS AND EVEN HAVE GUYS CREATE A BIG GAP IN WHICH THERE AND WHEN WE TRY TALK TO THE GUYS THEY'RE SCARED BECAUSE THEY FALL UNDER INTIMIDATION BY THEIR EMPLOYERS. SO I URGE YOU GUYS TO CONTINUE AND YOU'RE NOT DELAY THE RESPONSIBLE CONSTRUCTION AND TO TRY TO STOP THAT. I KNOW YOU GUYS GOT THE POWER AND, THE KNOWLEDGE TO DO IT AND PLEASE HELP OUR COMMUNITY, OUR WORKERS BECAUSE A FUTURE IN THIS COUNTRY. THANK YOU. THANK YOU. NEXT SPEAKER. >> GOOD AFTERNOON, COUNCILMEMBERS MY IS DOUG BLOCK. I'M WITH THE SILICON VALLEY MAPS WHICH IS THE SPRINKLER FITTERS, THE IBEW, THE SHEET METAL WORKERS AND EWA 393. THIS ORDINANCE IS A LONG TIME IN THE MAKING SO I WANT TO THANK YOU AND I WANT YOU TO THINK IT IN THE CONTEXT OF AN AGENDA ITEM THAT'S COMING UP WHICH IS THE DOWNTOWN HIGH RISE PROGRAM BECAUSE IN OUR MIND THAT CONSTITUTES A NICE ONE TWO PUNCH WHERE YOU PUNISH THE WORST ACTORS IN THE SYSTEM AND YOU REWARD THE GOOD ONES. >> I WANT TO THANK THE CITY STAFF ACTUALLY HELD THIS ITEM TO GIVE THE DEVELOPER COMMUNITY CHANCE TO WEIGH IN AND WOULD RESPECTFULLY ASK THAT LABOR IS [02:10:02] GIVEN THE SAME CHANCE ON THE HIGH RISE PROGRAM. I'LL BE BACK TO SPEAK ON THAT LATER BUT I WOULD URGE YOU TO APPROVE THIS ORDINANCE AND TAKE THE SAME THOUGHTFUL APPROACH SO THAT WE CAN ACTUALLY PASS COMPREHENSIVE IN SAN JOSE THAT LEADS TO MORE HOUSING AND GOOD JOBS FOR OUR LOCAL COMMUNITIES. THANK YOU. I HAVE ONE SPEAKER LEFT WHO I CALLED WHOSE I DON'T SEE IN THE FRONT ROW SO OH THERE YOU ARE. GOOD EVENING MAYOR AND CITY COUNCIL. MY NAME IS WILL SMITH, A BUSINESS REPRESENTATIVE FOR LOCAL 33 TO REPRESENT OVER 3600 ELECTRICAL WORKERS THAT WORK RIGHT HERE IN SANTA CLARA. UNFORTUNATELY I BELIEVE IT WAS IN 2018 WE HAD A RALLY WITH OVER OVER 4500 CONSTRUCTION WORKERS THAT RALLIED AROUND SLAVERY TOWERS AS WE KNOW IT AND UNFORTUNATELY IT GOT THE NAME SLAVERY TOWERS BECAUSE OF THE HEINOUS THAT JOB TOUR COMMITTED ON THAT JOB AND IS CURRENTLY LOCKED UP AND SERVING TIME FOR THOSE HEINOUS ACTS. >> NOW SINCE 20 SINCE 2018, THE RESPONSE TO THAT HEINOUS ACT THE RCO, THE RESPONSIBLE CONSTRUCTION ORDINANCE. HERE WE ARE 2024 SEVERAL YEARS LATER STILL HOPING TO GET THIS THING ACROSS THE FINISH LINE. I PERSONALLY MY NEPHEW PERSONALLY HAS EXPERIENCED THE WAGE THEFT. HE WORKED AT A CERTAIN STADIUM BY A CERTAIN TEAM HAPPENS TO WEAR THE COLORS RED AND GOLD. HE WAS WORKING UNDER THE TABLE IS GETTING PAID CASH SO THAT WAS TAX EVASION AS WELL AND BECAUSE HE WAS GETTING PAID SOME OF HIS HOURS UNDER THE TABLE HE DIDN'T QUALIFY FOR HIS MEDICAL SO HIS MEDICAL LAPSED. HE GOT HURT, WASN'T ABLE TO GO TO THE DOCTORS SO ON AND SO FORTH. SO WAGE THEFT RUNS RAMPANT THROUGHOUT THIS COUNTY IT RUNS RAMPANT THROUGHOUT THIS CITY AND IT'S TIME TO HAVE A COUNTERMEASURE. I UNDERSTAND THAT AT ONE POINT IN TIME THEY FELT IT WAS A LITTLE TOO EXTREME BUT WE'VE HEARD THE INPUT FROM OUR DEVELOPMENT COMMUNITY AS WELL INTO THE RCO. SO PLEASE I URGE YOU ON BEHALF OF ALL MY AND ALL CONSTRUCTION WORKERS IN THIS COUNTY PLEASE PASS TO OUR CEO TODAY. >> THANK YOU VERY MUCH FOR YOUR OPPORTUNITY AND TIME BACK TO COUNCIL. >> THANK YOU TONI. THANK YOU TO MEMBERS OF THE PUBLIC WHO SPOKE TODAY. THE MOTION BEFORE IS THE REMAINDER OF THE CONSENT CALENDAR WHICH INCLUDES THE RESPONSE BULL CONTRACT ORDINANCE WHICH I TOO AM PROUD TO SUPPORT. WHAT'S IN YOUR HANDS, TONI? LET'S VOTE MOTION PASSES. GREAT. ALL RIGHT. THANK YOU ALL. >> RECESS. WE WENT A BIT LATER THAN I ANTICIPATED. >> I'M WONDERING IF 145 IS APPROPRIATE. I THINK WE'VE PUSHED IT ENOUGH AND LESS. >> ARE THERE FOLKS WAITING HERE ? LAND USE CONSENT. I DON'T SEE ANY HANDS. >> OKAY. I DON'T HAVE CARDS FOR LANDING. THERE'S NO CARDS FOR LAND USE CONSENT. JUST TAKE IT UP WHEN WE GET BACK. I THINK WE SHOULD RECESS AND RESUME AT 145 UNLESS I HEAR ANY PROTEST. THAT'S WHAT WE'LL DO. YOU ALL AND AM . [02:25:19] MM . OKAY. [02:27:32] I KNOW, I KNOW I I AM UH [02:41:34] UH. >> YEAH MM . [02:44:20] I I I I AM WHO [02:56:12] , UH UH OH YEAH YEAH MM. [02:59:01] OH , I I I I . [03:05:45] >> GOOD AFTERNOON. EVERYONE, WELCOME BACK. WE'RE GOING TO RECONVENE OUR [03:05:50] CITY COUNCIL FOR THE AFTERNOON OF JUNE 18TH. >> TONI, WOULD YOU PLEASE CALL [03:05:55] ROLL? OKAY. >> YEAH. [03:06:02] SORRY. DAVIS DWAN KEN DALLAS HERE PRESENT HERE MAHAN HERE YOU [03:06:15] HAVE A QUORUM. >> AND FOR THE RECORD, HAMMOND ISN'T DAVIS ARE ABSENT FOR THE REST OF THE MEETING. >> OKAY. THANK YOU, TONI. TONI GIVEN THAT IT TOOK US 2 HOURS TO GET THROUGH THE CONSENT CALENDAR, WE WERE VERY FULL AGENDA. I'D LIKE TO MOVE TO ONE MINUTE PUBLIC COMMENT FOR THE REMAINDER OF THE ITEMS. WE'RE GOING TO NOW GO TO OUR INVOCATION AND CEREMONIAL ITEMS ON BEHALF OF TELFORD DAVIS WHO'S OUT SICK TODAY. >> I'LL INTRODUCE TODAY'S INDICATOR TODAY'S INVOCATION WILL BE GIVEN BY JASON SU, EXECUTIVE DIRECTOR OF THE GUADALUPE RIVER PARK. JASON HAS LED THE REVITALIZATION EFFORTS THE GUADALUPE RIVER PARK AND PROMOTES AND PROMOTES INCLUSIVE, SUSTAINABLE SPACES THAT EMBODY SAN JOSE'S INNOVATION AND DIVERSITY. DURING HIS FIVE YEAR TENURE HE OVERSAW THE COMPLETION OF THE ALL INCLUSIVE ROTARY PLAY GARDEN AND BROUGHT MANY SUCCESSFUL VOLUNTEER AND RECREATION OPPORTUNITIES TO THE GUADALUPE RIVER PARK INCLUDING MURALS ALONG THE GUADALUPE RIVER TRAIL WHICH ARE QUITE BEAUTIFUL. I'LL NOTE BY THE WAY BEFORE I HAND THINGS OFF TO JASON BUT I REALLY ENJOYED WORKING WITH HIM . >> HE AND I WERE JUST OUT YESTERDAY WITH A DIVERSE RANGE OF ENVIRONMENTAL AND AND HOMELESS ADVOCATES AS WE WALKED ALONG THE GUADALUPE RIVER PARK AND TALKED ABOUT COLLECTIVELY WHAT WE CAN DO TO BOTH SUPPORT OUR MOST VULNERABLE RESIDENTS AND PROTECT THIS CRITICAL ECOSYSTEM. SO JASON WILL APPRECIATE THE APPROACH YOU BRING TO YOUR WORK AND I'D LIKE TO ASK YOU TO GIVE OUR INVOCATION TODAY. >> ALL RIGHT, GREAT. THANK YOU VERY MUCH FOR AWESOME GOOD AFTERNOON. A MAYOR AND CITY COUNCIL CITY OFFICIALS AND EVERYONE JOINING US HERE TODAY AND ONLINE. MY NAME IS JASON SO AGAIN THE EXECUTIVE DIRECTOR OF THE GALWAY RIVER PARK CONSERVANCY. WE CHAMPIONED THE VISION FOR A VIBRANT CIVIC GREENWAY AND PROVIDE COMMUNITY LEADERSHIP THE ACTIVE USE AND DEVELOPMENT OF THE PARK THROUGH EDUCATION, ADVOCACY AND THANK YOU COUNCILMEMBER DAVIS WHO IS NOW HERE AS WELL AS MAYOR ME FOR THE OPPORTUNITY TO PROVIDE TODAY'S INVOCATION. >> I FEEL FORTUNATE TO DO SO TODAY GIVEN THE NUMBER OF IMPORTANT AROUND OUR PARKS AND OPEN SPACES ON THE AGENDA. LAST TIME I WAS HERE INVOLVED IN THE CEREMONY OF COUNCIL MEETING WAS WHEN WE HIRED OUR PASSPORT PRESENT MARGARET FOR HER EIGHT YEARS OF BOARD SERVICE WITH THE CONSERVANCY. WE WERE PRECEDED BY AN AMAZING PERFORMANCE BY OPERA SAN JOSE FOR YOUR BENEFIT I WILL NOT BE SINGING TODAY. WE'RE BLESSED TO HAVE ACCESS TO THESE OPERAS BOTH ENERGY AND OUR PLACES. YESTERDAY ALONG THE GOBBI RIVER WITH THE MAYOR AND THE PARTNERS AS I MENTIONED EARLIER I CAUGHT MYSELF IN THE MIDDLE OF ANOTHER OPERA PLAYING IN OUR CITY THE TRAIL OF THE BLUE JAY, THE VIBRATO OF WIND THROUGH TREES, THE BARITONE OF THE RIVER WHILE I KNEW THE CHANCE TO ENGULF MYSELF INTO THIS NATURAL OPERA IS SPECIAL AND TANGIBLE IT WAS A MOMENT OF REST AND REMINDER OF OUR SURROUNDING ECOSYSTEMS. I ALSO KNOW THAT THE INTANGIBLES MAKE IT DIFFICULT TO QUANTIFY THE BENEFITS TO BUILD A CASE FOR SUPPORT. >> WE OFTEN SPEAK ABOUT PARKS IN TERMS OF WHERE WE GET WHERE WE GIVE AND WHAT WE GIVE UP. I WOULD LIKE TO SHED SOME LIGHT ON CONSIDERING WHAT OUR PARKS AND OPEN SPACES REPRESENT. >> EARLIER TODAY THERE WAS PLEDGE OF ALLEGIANCE AND IT REMINDS ME OF THE ROLE OF SYMBOLS AND WHERE THEY AND IT BEHOOVES US TO ASK WHERE OUR PARKS SYMBOLIZE WHAT IS OUR PLEDGE TO THOSE VALUES FOR OUR CITY. WHEN NEIGHBORHOODS CENTER AROUND TOWN SQUARE THE VALUE DEMOCRACY. WHEN THE PROMENADES ARE LINED THE STREETS THEY VALUE BEAUTY. WHEN CITIES EMBRACE NATURE THEY VALUE BELYING DEMOCRACY, BEAUTY AND BLING ALL PLAY TO SAN JOSE [03:10:01] IN THE 2020 CITY SERVICES AUDIT WE LEARN THAT 90% OF THE RESPONDENTS INTERACTED WITH LOCAL GOVERNMENT BY VISITING A PARK AT LEAST ONCE A MONTH OR MORE. WHEN THE CONSERVANCY ASKED PARK USERS WHY THEY ACCESS NATURE, THE MOST COMMON RESPONSE WAS RELIEF. WE KNOW THAT THE FOUNDING OF THE CITY THE SEDIMENT AT THE BACK WHILE THE ONLY PEOPLE BEFORE IT AND OUR EVOLUTION FROM THE VALLEY OF HEARTS TO LIGHT TO THE KAPOSI VALLEY IS DUE TO THE WATERWAYS AND THE VALUE THAT THEY CARVED. I BELIEVE IT IS CLEAR WILL PARKS SYMBOLIZE FOR OUR CITY AND THE INTANGIBLE WHOLENESS THEY OFFER US AND WE HAVE THE OPPORTUNITY AND BEYOND TO HONOR THAT. THANK YOU. >> THANK YOU. >> REALLY APPRECIATE THAT THOUGHTFUL REFLECTION. >> ALL RIGHT. WITH THAT WE'RE ON TO CEREMONIAL ITEMS. COUNCILOR TORRES, IF YOU'LL JOIN ME AT THE PODIUM WE WILL RECOGNIZE OUR MELINDA'S UP IN THE CITY AND GIVE YOU A HAND FOR US TO JOIN. OKAY. THANK YOU, MAYOR. YEAH, COURSE I'LL GIVE YOU A VERY GOOD AFTERNOON, EVERYONE. >> SO. OH, GREAT. SO SOMEONE'S AWAKE. TODAY I HAVE THE PRIVILEGE OF HONORING AN EXTRAORDINARY WHO HAS DEDICATED OVER 55 YEARS OF SERVICE AND LEADERSHIP UPLIFTING THE HARDWORKING AND VULNERABLE FARMWORKERS AND STUDENTS HERE IN SAN JOSE. THAT INCREDIBLE INDIVIDUAL IS LINDA SABIAN WHO STARTED HER CAREER WITH THE CENTER FOR EMPLOYMENT TRAINING IN 1969 AS AN ADMINISTRATIVE ASSISTANT. AND OVER THE COURSE OVER THE COURSE OF HER INCREDIBLE 55 YEARS SHE WOULD BECOME THE PRESENT AND CEO IN 19 99. WITHIN HER TIME AT THE CENTER FOR EMPLOYMENT TRAINING AT LINDA WOULD WORK TIRELESSLY CHAMPIONING AND ADVOCATING FOR PUBLIC POLICY INITIATIVES AND PROGRAMS TO SUPPORT AND PROTECT FARMWORKERS AND AND UNDERSERVED UNDERSERVED POPULATIONS. DEDICATING HER LIFE TO STABILITY AND MELINDA HAS NOT ONLY STABILIZED THE CENTER FOR CENTER FOR EMPLOYMENT TRAINING BUT SHE ALSO HAS STABILIZED THE LIVES OF RESIDENTS, FARMWORKERS AND STUDENTS HERE IN SAN JOSE. >> AND MELINDA'S WORK HAS EQUIPPED COUNTLESS INDIVIDUALS WITH THE SKILLS AND RESOURCES TO LIVE LIVES WITH PURPOSE AND SECURITY. >> IT'S HARD TO SEE SUCCESS WITHOUT SEEING THE WORK OF AND MELINDA AND IT IS GOING TO BE HARD SEEING AND SEEING THE ORGANIZATIONS WITHOUT HER. SO SHE'S RETIRING AFTER FIVE YEARS HOWEVER AND MELINDA'S LEGACY WILL ECHO THE HALLS AND ROOMS OF CITY AND WILL BE A CONTINUED PRESENCE THAT LIVES ON THROUGH THE PEOPLE SHE WORKED WITH AND THE PEOPLE SHE'S HELPED. A SINCERE AND IMMENSE THANK YOU FROM ME AND PEOPLE OF SAN JOSE TO I SINCERE THANK YOU FOR ME AND THE PEOPLE OF SAN JOSE TO YOU MELINDA FOR LIVING A LIFE OF PUBLIC SERVICE AND WITH THAT IT'S AN ABSOLUTE TO ABLE TO COMMEND ADAM AND MELINDA FOR 55 YEARS OF DEDICATED PUBLIC SERVICE UNPARALLELED LEADERSHIP AND LEGACY LEFT TO INSPIRE IN SAN JOSE. AND ACTUALLY BEFORE I HAND OVER THE MIC I HAVE MEMORIES OF LIVING ACROSS THE STREET FROM CENTER FOR EMPLOYMENT TRAINING. I LIVED ON VINE STREET RIGHT ACROSS THE STREET AND I REMEMBER 1988 AS A YOUNG CHILD I REMEMBER HEARING MICHAEL DUKAKIS BEING INTRODUCED THE STREET AT A PRESIDENTIAL RALLY. HE CAME TO HAVE AZT AND SINCE THAT VERY MOMENT IT INSPIRED ME TO GET INVOLVED IN BECAUSE I SAID WHO THE HECK IS MICHAEL DUKAKIS? RIGHT. AND OF COURSE WHAT TURNED OUT WAS HIS CANDLE WITH A HUGE HELMET ON TANK. RIGHT. BUT ANYWAYS, IT INSPIRED ME TO GET INTO LOCAL POLITICS BECAUSE NEVER IN MY LIFE WOULD I HAVE IMAGINED THAT A PRESIDENTIAL WOULD COME INTO MY NEIGHBORHOOD. AND HERE I AM TODAY THANKS TO FOLKS LIKE AND MELINDA SABINE. >> SO THANK YOU. THANK I LOVE SAN JOSE THIS SAN JOSE GAVE ME THE OPPORTUNITY TO HOLD A GREAT JOB AND WORK FOR A GREAT ORGANIZATION. I GET A LOT OF CREDIT FOR THE WORK THAT CITY HAS DONE BUT IT REALLY BELONGS TO A GREAT A GREAT BOARD AND TO THE SUPPORT THAT I'VE HAD FROM THAT WE HAVE [03:15:03] HAD FROM PUBLIC OFFICIALS AT EVERY LEVEL OF GOVERNMENT THE CITY, THE STATE, THE COUNTY THE FEDERAL GOVERNMENT. AND IT'S BEEN A PRIVILEGE FOR ME TO GIVE OF MY TIME AND DO MY PART TO THIS WORLD BETTER. I THINK MY COUNCILMEMBER MAN OMAR TORRES, WHOM I'VE KNOWN SINCE HE WAS A CHILD AND I'M HONORED THAT HE IS COMMENDING ME FOR MY WORK I THINK THE MAYOR IN THE COUNCIL I GIVE CREDIT TO TO THE STAFF AND THE BOARD. BUT THE REAL HEROES OF C TR, THE STUDENTS, THEY'RE THE ONES WHO HAVE MADE CTA A GREAT PROGRAM THAT HAS BECOME NATIONAL AND INTERNATIONAL. IT'S A PREMIER TRAINING PROGRAM. I'M ONE OF THE LUCKIEST PERSONS WHO HAS A HIT A GREAT JOB AND A GREAT OPPORTUNITY TO DO WELL FOR MY COMMUNITY. >> THANK YOU. GREAT OPENING. >> OMAR CAN WE JOIN YOU IN THIS WAY? >> I JUST WANT TO PRESENT THE COMMENDATION ON BEHALF OF THE COUNCIL. THANK YOU. OH, YES. >> IF MY COLLEAGUES WOULD SORT OF. YES, IT'S TRUE, MELINDA. BUT I THINK I HAVE TO GO BACK NOW THAT EVERYBODY LINDA YOU GUYS ARE READY. GOT IT. ONE MORE THING I WANTED TO SAY. OH, YEAH. >> FOR YOU. LET ME. OKAY. I WANT TO THANK MY FAMILY WHO SACRIFICED MORE THAN I EVER DID. SOME OF THEM ARE IN THE AUDIENCE AS A MEMBER. >> THANK YOU. THANK YOU. THANK YOU. THANKS FOR YOUR WORK. CAN YOU START THE JUNETEENTH EVENT? OKAY. SO THAT. OKAY. THANK YOU AGAIN, MELINDA BECAUSE WE'RE A CONDOLENCE VICE MAYOR AND COUNCILOR TORRES. PLEASE JOIN ME HERE AT THE PODIUM AND WE WILL RECOGNIZE AND PROCLAIM 19TH AS JUNETEENTH DAY. >> WELCOME. HEY, IT'S SO WE'RE SORRY TELLING YOU IF YOU WANTED TO START IT BECAUSE I WAS GOING I DON'T KNOW HISTORY. >> ALL RIGHT. GOOD AFTERNOON. ME AGAIN. SO TODAY WE ARE PROCLAIMING JUNE AS JUNETEENTH IN THE CITY OF SAN JOSE. THE DAY HOLDS PROFOUND MEANING OF OUR COMMUNITY AND OUR AND FOR OUR NATION. IT COMMEMORATES THE OF ENSLAVED AFRICAN-AMERICANS IN THE UNITED STATES SYMBOLIZE FREEDOM, JUSTICE AND UNYIELDING PURSUIT OF EQUALITY. IS ALSO KNOWN AS FREEDOM DAY OR EMANCIPATION DAY REMINDS US OF THE RESILIENCE AND THE STRENGTH OF THE BLACK COMMUNITY IN SAN JOSE AND ACROSS OUR COUNTRY. IT IS A DAY TO REFLECT ON HARDSHIPS ENDURED AND VICTORIES ACHIEVED IN THE STRUGGLE OF THE CIVIL RIGHTS AND SOCIAL JUSTICE MOVEMENT. IS A DAY TO HONOR THE CONTRIBUTIONS AND ACHIEVEMENTS OF BLACK AMERICANS WHO HAVE ENRICHED OUR CITY WITH THEIR CULTURE, THEIR CULTURE, CREATIVITY UNWAVERING SUPPORT. IN PROCLAIMING JUNETEENTH WE REAFFIRM OUR COMMITMENT TO CONFRONTING THE CHALLENGES OF OUR PAST ACKNOWLEDGING THE INJUSTICES HAVE BEEN INFLICTED AND WORKING TOWARDS A FUTURE WHERE EQUALITY AND OPPORTUNITY ARE ACCESSIBLE TO ALL. TOMORROW WE HERE IN THE CELEBRATE JUNETEENTH. LET US CELEBRATE THE DIVERSITY THAT STRENGTHENS OUR COMMUNITY. LET'S HONOR THE PAST, EMBRACE THE PRESENT AND CONTINUE TO STRIVE A FUTURE WHERE EVERY VOICE IS HEARD AND EVERY INDIVIDUAL IS VALUED. ACCEPTING THE PROCLAMATION IS MAHLON VALENTINE, EXECUTIVE DIRECTOR FROM THE AFRICAN AMERICAN COMMUNITY SERVICE AGENCY IN DOWNTOWN SAN JOSE. ALL RIGHT, EVERYBODY SAY FREEDOM. >> FREEDOM! FREEDOM. >> JUNETEENTH IS ABOUT FREEDOM. IT IS THE REPRESENTATION OF MY ANCESTORS WHO WERE TAKEN FROM THEIR HOMELAND INTO A PLACE THAT THEY DID KNOW ANYONE OR ANYTHING. BUT TODAY WE STAND BEFORE YOU TO SAY THAT WE ARE FREE AND WE ARE CREATING FREEDOM FOR ALL. AND SO TO SEE THE 12TH LARGEST CITY IN AMERICA RECOGNIZE FREEDOM IS VERY TO ME. I CAN HEAR MY GRANDMOTHER SAYING STRAIGHTEN OUT YOUR BACK ,WALK UP STRAIGHT AND GO THROUGH THOSE DOORS. BECAUSE WAY BACK THEN THEY WERE BEING TOLD THAT THEY WERE NOTHING MORE THAN JUST TO BE ENSLAVED TO CREATE EMPOWERMENT [03:20:04] FOR OTHERS RATHER THAN OUR COMMUNITY. >> SO WHEN WE ALL CELEBRATE JUNETEENTH WE ARE ALL CELEBRATING FREEDOM THE FREEDOM OF BLACK PEOPLE AND ALL PEOPLE IS FREEDOM OF ALL PEOPLE. SO CONTINUE TO STAND WITH US. I ALWAYS BELIEVE IN BRINGING YOUNG PEOPLE SO WE DO HAVE JEREMIAH ONE OF THE YOUNG PEOPLE YOU ALWAYS GOT TO BRING YOUNG PEOPLE WITH YOU. >> AND SO AS EVERY DOOR I WALK THROUGH I BRING SOMEONE WITH ME BECAUSE IT'S IMPORTANT TO ALWAYS HAVE THEM A PART OF THESE PROCESS FORCES SO THAT THEY CAN MAKE SURE THAT SOMEONE THAT COMES BEHIND THEM IN THEIR GENERATION WON'T HAVE TO FIGHT THE SAME OPPRESSIONS THAT WE ARE ALL FIGHTING. SO THANK YOU TO THE MAYOR CITY COUNCIL MEMBERS AND ALL FOR THIS MOMENTOUS OCCASION. THANK YOU ALL SO . >> ALL RIGHT. OUR FINAL CEREMONIAL WILL BE PRESENTED BY COUNCILMEMBER ORTIZ. PLEASE JOIN ME AT THE PODIUM AND WE WILL RECOGNIZE AND PROCLAIM JUNE AS IMMIGRANT HERITAGE MONTH. >> ALL RIGHT. ALL RIGHT. GOOD AFTERNOON, EVERYONE. >> I SEE MY COLLEAGUES FROM SIREN MAKING IT DOWN. >> THIS JUNE IS THE 10TH ANNUAL NATIONAL IMMIGRANT HERITAGE MONTH DEDICATED TO HONOR THE COUNTLESS CONTRIBUTIONS OF OUR OF OUR IMMIGRANT COMMUNITIES THROUGHOUT THE UNITED STATES. >> SAN JOSE IS A TRUE CITY OF IMMIGRANTS. NEARLY 40% OF THE CITY'S POPULATION IS FOREIGN BORN. AND ALMOST 60% OF CHILDREN IN SAN JOSE HAVE LEAST ONE PARENT WHO IS AN IMMIGRANT. IMMIGRANTS FROM ALL OVER THE WORLD CALL SAN JOSE HOME INCLUDING A SIZABLE LATINO POPULATION WITH HERITAGE FROM ACROSS LATIN AMERICA. >> THE LARGEST VIETNAMESE POPULATION OUTSIDE OF VIETNAM, THE THIRD LARGEST POPULATION OF IN THE UNITED STATES AND DOZENS OF MORE COMMUNITIES AND CULTURES WHICH ADD TO THE RICH SOCIAL LANDSCAPE OF OUR GREAT CITY. >> THOSE IMMIGRANTS HAVE CONTRIBUTED MUCH TO WHO WE ARE. THEY'VE WORKED IN EVERY SECTOR OF OUR ECONOMY, STARTED BUSINESSES THAT ANCHOR OUR COMMUNITY AND, OUR LOCAL ECONOMY AND HAVE BECOME COMMUNITY AND NEIGHBORHOOD LEADERS. >> AND LAST YEAR THE COUNTY RELEASED A REPORT ON THE ECONOMIC CONTRIBUTIONS OF OUR BROTHERS AND SISTERS IN THE IMMIGRANT FINDING THAT IMMIGRANTS CONTRIBUTE 54% OF THE GROSS DOMESTIC PRODUCT CREATED HERE IN SANTA CLARA COUNTY EACH YEAR. >> THEY REPRESENT NEARLY HALF OF THE WORKFORCE AND REPRESENT HALF OF THE BUSINESS OWNERS IN SANTA CLARA COUNTY. >> OUR IMMIGRANT IS CORE TO THE IDENTITY OF WHO WE ARE AS A CITY. >> AND IT'S BEEN THROUGH THE POWER OF ORGANIZING OFTENTIMES ACROSS LINES OF NATIONALITY THAT IMMIGRANTS HAVE BEEN ABLE TO CHALLENGE THIS CITY TO LIVE UP TO ITS DEMOCRATIC IDEALS. AND THAT'S WHY IT'S SO IMPORTANT THAT OUR CITY CONTINUES TO LIVE UP TO THESE IDEALS BY RESISTING DIVISIVE POLICIES DESIGNED TO DIVIDE AND EXPLOIT US. >> WE'VE UNFORTUNATELY A RISE IN XENOPHOBIC POLITICS NATIONALLY A EXECUTIVE ORDER CLOSING THE BORDER TO ASYLUM SEEKERS REMINDING US WHY IT'S ESSENTIAL TO REAFFIRM THAT SAN JOSE WILL ALWAYS BE A SANCTUARY CITY AND THE MEMBER AND A MEMBER OF THE RAPID RESPONSE NETWORK TO PROTECT OUR COMMUNITIES FROM THREAT OF DEPORTATION. I'M GRATEFUL TO BE JOINED HERE BY THE SERVICES IMMIGRANT RIGHTS AND EDUCATION NETWORK ALSO KNOWN AS SIREN. SIREN IS DEDICATED TO SERVING LOW INCOME IMMIGRANTS AND REFUGEES THROUGH COMMUNITY ORGANIZING LEGAL SERVICES, POLICY ADVOCACY AND MORE. >> THEIR WORK ANCHORS THE RAPID RESPONSE NETWORK AND HAS EMPOWERED GENERATIONS OF IMMIGRANT IN SAN JOSE. AS WELL AS OFFERING FREE LEGAL CLINICS TO IMMIGRANTS AND THEIR FAMILIES. AND I'D LIKE TO INVITE MR. WE EXECUTIVE DIRECTOR OF SIREN TO PLEASE SAY A FEW WORDS. OF COURSE. >> GOOD AFTERNOON. MY NAME IS HUI TRAN AND I AM THE EXECUTIVE DIRECTOR FOR SIREN. I'M JOINED BY CARMEN TORRES, ONE OF OUR ORGANIZERS. I WANT TO THANK COUNCILMEMBER ORTIZ AND THE ENTIRE COUNCIL FOR ADOPTING THIS PROCLAMATION. >> IS ISSUED IN A MOMENT WHERE THE IMMIGRANT COMMUNITY CAN CELEBRATE SMALL WIN. >> THE ANNOUNCEMENT OF SPOUSAL PAROLE FROM PRESENT BIDEN. THIS IS A MUCH WELCOMED POLICY CHANGE THAT COME AS A RESULT OF YEARS OF ORGANIZING FROM IMMIGRANTS RIGHTS ADVOCATES. HOWEVER, THIS WIN IS ALSO [03:25:01] FLEETING. IT WAS DONE THROUGH EXECUTIVE FIAT RATHER THAN LEGISLATIVE ACTION. IT IS BEING DONE IN A POLITICAL MOMENT THAT IS FAR FROM SECURE AND THERE ARE STILL 11 MILLION UNDOCUMENTED PEOPLE AND THEIR FAMILIES WHO ARE STILL WAITING FOR SOME REPRIEVE AND A PATHWAY TO CITIZENSHIP. >> THIS IS ALSO BEING DONE TWO WEEKS OUT FROM THE SAME ADMINISTRATION EFFECTIVELY DENYING ASYLUM TO THE THOUSANDS OF FAMILIES WHO RISKED LIFE AND LIMB TO TRAVEL THOUSANDS OF MILES FOR A CHANCE AT A NEW LIFE. THIS IS HAPPENING IN A POLITICAL CLIMATE WHERE CANDIDATES THE HIGHEST OFFICES IN THIS NATION VILIFY AND SCAPEGOAT. INSTEAD, INSTEAD OF RECOGNIZING THE SIMPLE TRUTH THAT THIS COUNTRY WAS BUILT BY IMMIGRANTS, IMAGINE PAIN OF BREAKING THE OCEAN IN HALF TO BE HERE ONLY TO MEET NOTHING THAT ONCE YOU OUR WORK IS FAR FROM FINISHED ON EVERYTHING IMMIGRATION TO HOUSING TO CIVIL AND CIVIC RIGHTS. SIMON WILL REMAIN STEADFAST IN ITS COMMITMENT TO OUR COMMUNITIES AND WE HOPE THAT WITH THIS PROCLAMATION THE CITY OF SAN JOSE WILL BE AN ALLY. >> THANK YOU. >> THANK YOU. WE INVITE THE MAYOR TO PRESENT THE PROCLAMATION AND OF COURSE INVITE MY COLLEAGUES WHO IF THEY'D LIKE TO JOIN US FOR A PICTURE. CONGRATULATIONS. CARDBOARD CUTOUTS. GET EVERYBODY IN. THANK YOU. THANK YOU. THANK YOU FOR YOUR ADVOCACY FOR NEXT YEAR'S ADJOURNMENT AND THIS MEETING IS ADJOURNED. IN MEMORY OF VICTOR GARCIA, FOUNDER OF LA RAZA ROUNDTABLE WHO PASSED AWAY ON THURSDAY JUNE 6TH THIS YEAR HE WAS A LIFELONG COMMUNITY CHAMPION FOR EDUCATION AND EMPLOYMENT EQUITY AND WAS A GIANT IN CREATING CHANGE IN SAN JOSE AND SANTA CLARA COUNTY POLITICS AND GOVERNMENT. TELL US FOR CANELLOS WILL TELL US MORE. BUT FIRST I'LL JUST SAY VERY BRIEFLY I SAW VICTOR AT LA RAZA ROUNDTABLE JUST A COUPLE OF MONTHS LESS THAN A COUPLE OF MONTHS AGO OUR BUDGET TOWN HALL AND TRUE TO FORM AS ALWAYS HE HAD A LIST FOR ME AND AFTER THE FORMAL PRESENTATION SAT THERE AND HE HELD ONTO MY ARM AND RAN THROUGH HIS LIST AND MADE SURE HE GOT SPECIFIC COMMITMENTS FROM ME ON FOLLOW UPS ON NUMBER OF ITEMS THAT WERE ON HIS MIND AND THE IS FAIR TO SAY HE ORGANIZED AND ADVOCATED AND BUILT BRIDGES AND BUILT COALITIONS TO MOVE OUR COMMUNITY FORWARD TO MAKE BETTER FOR EVERYONE AND IT WAS A MEMORY I'LL FORGET HAVING SOME OPPORTUNITIES TO SIT DOWN AND SPEAK WITH HIM PERSONALLY AND HEAR VIEWS ON WHERE WE'VE COME FROM AND WHERE WE CAN GO AS A CITY. SO I JUST WANTED TO ADD THAT PERSONAL NOTE, COUNCILOR CANELLOS, WOULD YOU LIKE TO TELL US MORE? >> NO, THANK YOU, MAYOR. I THINK EVERYBODY BEFORE I GIVE MY COMMENTS I THINK EVERYBODY ON THIS DAIS HAS HAD THEIR THEIR SIT DOWN. >> I WOULD WITH A DEAL, VICTOR. AND SO I YOU KNOW, I'M HERE TODAY TO BE THANKFUL THAT WE'RE ADJOURNING IN LOVING MEMORY OF VICTOR GARZA, A COMMUNITY ICON CHAMPION AND OBVIOUSLY FOUNDER OF LA RAZA ROUNDTABLE. HE WAS MORE THAN A MENTOR, AN ALLY AND A FRIEND TO ME. >> HE WAS LIKE FAMILY. VICTOR GARZA HAS ALWAYS BEEN A GUIDING FORCE AND A ROLE MODEL FOR MANY HIS TO LIFTING UP OTHERS AND CREATING PATHWAYS FOR PEOPLE MADE A PIONEER IN THE FIELD AND A TRUE SEEKER OF SOCIAL JUSTICE. HE TAUGHT ME THE IMPORTANCE OF HAVING AN EQUITY LENS BEFORE THE CONCEPT BECAME WIDELY ESTABLISHED IN MANY OF OUR CIRCLES THIS TOPIC OF EQUITY BRINGS TOGETHER MANY IDEAS BEING HONEST WITH OUR PAST INJUSTICES CHILLING, CHALLENGING OURSELVES TO THINK BIGGER AND CONVERSATIONS THAT CAN AT TIMES BE BUT ARE CRUCIAL TO SOCIETAL PROGRESS. VICTOR WAS PUSHING THIS CONCEPT DECADES AGO AND NOW WE HAVE THE PRIVILEGE OF IMPLEMENTING AS IT HAS AS POLICY IN OUR EVERYDAY WORK. HE WAS A STRONG VOICE FOR EQUITABLE EDUCATION, IMMIGRANTS RIGHTS, SUPPORTING VETERANS AND [03:30:02] CREATING MORE EMPLOYMENT OPPORTUNITIES FOR. VICTOR IS A SHINING EXAMPLE OF TRANSFORMING ONE'S WORDS INTO ACTION. AFTER HIS TIME IN THE U.S. NAVY, VICTOR RETURNED HOME WITH THE GOAL OF SERVING HIS COMMUNITY. HIS ADVOCACY FOR VETERANS AND LATINOS GARNERED HIM VARIOUS AWARDS SUCH AS OUTSTANDING YOUNG MEN OF AMERICA AND WAS RECOGNIZED BY THE AMERICAN GI FORUM FOR HIS OUTSTANDING LEADERSHIP. FOR MANY YEARS HE MANAGED THE COUNTY OF SANTA CLARA AS OFFICE OF VETERANS SERVICES. BUT WHAT PEOPLE REMEMBERED MOST WAS HIS DEDICATION AND TIRELESS ADVOCACY THAT ACTED AS A UNIFYING FORCE. VICTOR BUILT COALITIONS. THAT'S WHAT HE DID. CONNECTING PEOPLE FROM ALL BACKGROUNDS TO FIGHT FOR A MORE JUST SOCIETY. HE BRIDGED THE GAP BETWEEN MARGINALIZED COMMUNITIES AND THEIR GOVERNMENT BY CONNECTING LOCAL LEADERS WITH POLICYMAKERS. IN 1988 HE FOUNDED LA RAZA ROUNDTABLE CALIFORNIA. AND IT QUICKLY BECAME THE LARGEST COALITION OF LATINO AND MEXICAN AMERICAN ORGANIZATIONS. AND AS CHAIR HE WAS A RESOUNDING VOICE FOR REPRESENTATIONS ON ISSUES AFFECTING THE LATINO COMMUNITY. HE HELPED A LATINOS GAIN ACCESS TO ECONOMIC OPPORTUNITIES WHILE SERVING A BOARD MEMBER AND A LEADER IN OUR CENTER FOR TRAINING AND CAREERS ENSURING THAT LATINOS NOT ONLY HAD ACCESS TO JOBS BUT ALSO THE OPPORTUNITIES TO LEARN NEW SKILLS AND TAKE ON ROLES WITH HIGHER LEVELS OF RESPONSIBILITIES AND PAY TO ULTIMATELY BREAK THE CYCLE OF POVERTY. HE WAS THE FIRST LATINO ELECTED TO THE BOARD OF THE BERRYESSA SCHOOL DISTRICT AND HELPED RECRUIT AND PROVE PIVOTAL RECRUIT MORE LATINO TEACHERS, PRINCIPALS AND SCHOOL ADMINISTRATORS ENSURING THAT THE SCHOOL FACULTY REFLECTED THE FAMILIES OF THE SURROUNDING COMMUNITIES AS WELL AS MENTORSHIP PROGRAMS IN EVERY VALLEY COLLEGE TO NAME A FEW. THERE'S PLENTY OF EXAMPLES THAT I CAN SHARE FROM HIS WORK ON REDUCING THE NUMBER OF PEOPLE IN JUVENILE HALLS CONNECTING ON ACCOUNT UNACCOMPANIED MINORS MORE RECENTLY TO TO VITAL CARE AND HIS WORK ON RACIAL ISSUES AND POVERTY ISSUES IN THE WHITE HOUSE. BUT I WANT TO LEAVE EVERYBODY WITH. HE STOOD AT THE FRONT LINES OF MANY BATTLES AND ENCOURAGED OTHERS IN THE LATINO COMMUNITY TO DO THE SAME. HIS POLITICAL ACTIVISM COMMUNITY INVOLVEMENT SERVES AS AN INSPIRATION FOR A NEW GENERATION OF LEADERS. >> HE WAS A PIONEER WHO HAD THE COURAGE AND VISION DO GROUNDBREAKING WORK THAT NOT ONLY ACCOMPANY PEOPLE TOGETHER BUT ALSO GIVE PEOPLE THE OPPORTUNITY TO GROW. >> RISE UP FOR AND THEIR COMMUNITY AND WE HAVE AN OPPORTUNITY TO CARRY HIS LEGACY WITH US EVERY DAY. SO GRACIOUS GUEST HOUSE IS A BASTILLE, VICTOR. >> NOW I'M GOING TO INVITE HIS DAUGHTER CINDY SOTO TO SHARE A FEW WORDS. MAYOR CITY COUNCIL REPRESENTATIVES AND COMMUNITY. MY FAMILY AND I WOULD LIKE TO THANK THE CITY COUNCIL FOR RECOGNITION HONORING MY LATE FATHER VICTOR GARCIA. HIS PASSION AND VISION FOR OUR COMMUNITY HAS LEFT A LARGE IN SAN JOSE AND THE GREATER BAY AREA IN CALIFORNIA INSPIRING MANY PEOPLE FOR GENERATIONS TO COME. AS A VETERAN AND COUNTER AT THE RESTAURANT TABLE MY FATHER CREATED A COALITION, UPLIFTED COUNTLESS LATINOS AND UNDERREPRESENTED VOICES. >> IT IS OUR HOPE THAT HIS PASSION WILL CONTINUE TO GROW IN OTHERS FOR MANY YEARS TO COME. WE APPRECIATE YOUR WORDS IN RECOGNIZING HIS COMMUNITY SERVICE WORK AND HIS LIFELONG COMMITMENT TO ADVOCATE FOR THE CIVIL AND HUMAN RIGHTS FOR ALL. >> THANK VERY MUCH. >> THANK YOU. THANK YOU FOR BEING HERE FOR SHARING VICTOR WITH US HIS MEMORY. >> HIS MEMORY WILL CONTINUE TO BE AN INSPIRATION FOR OUR COUNCIL AND I OUR ENTIRE COMMUNITY, OUR ENTIRE CITY. THANK YOU. WE'RE VERY SORRY FOR YOUR LOSS OR LOSS. >> WE ARE GOING TO CONTINUE ON WITH OUR AGENDA. OUR NEXT ITEM WAS THE LAND USE CONSENT CALENDAR. >> SO LET ME TURN TO MY COLLEAGUES TO SEE IF WE HAVE A MOTION. >> I'LL MOVE APPROVAL SECOND. THANK YOU. >> DID WE HAVE ANY PUBLIC COMMENT ON LAND USE CONSENT? NO, WE DON'T. >> OKAY. THANK YOU. MOVING ON TO ITEM 3.1 WHICH IS THE WE NEED TO VOTE I'M SORRY WE NEED TO VOTE. OH, I'M SORRY. I JUST ASSUMED IT WAS ACCLAMATION ALL AROUND. [03:35:04] LET'S VOTE PLEASE. APOLOGIES. YEAH. >> DEMOCRACY LOOKS LIKE WE'RE A VOTE. >> YES, SIR. MISSING ONE. THERE WE GO. MOTION PASSES UNANIMOUSLY. >> ALL RIGHT. OKAY. CONSENT PASSED UNANIMOUSLY AROUND 3.1 REPORT OF THE CITY MANAGER. >> THANK YOU, MAYOR. I DO NOT HAVE A REPORT TODAY. >> THANK YOU, JENNIFER. OKAY. ITEM 3.5 POTENTIAL NOVEMBER 2024 BALLOT MEASURE POLLING AND I DON'T BELIEVE WE HAVE A STAFF PRESENTATION. I THINK WE HAVE. OH, DO WE? OKAY. I'M SORRY I DIDN'T HAVE THAT IN MY NOTES. WE'LL START THE STAFF PRESENTATION. >> GOOD AFTERNOON, MAYOR. COUNCIL MEMBERS. MEMBERS OF THE PUBLIC. MY IS SARAH SATYARTHI. I'M THE DIRECTOR OF THE OFFICE OF ADMINISTRATION POLICY AND INTERGOVERNMENTAL RELATIONS JOINED BY MY ESTEEMED COLLEAGUES PETER HAMILTON, ASSISTANT CITY MANAGER AS WELL AS JOHN CIRELLI, DIRECTOR OF PARKS RECREATION AND NEIGHBORHOOD SERVICES. WE'RE HERE TO PROVIDE YOU AN UPDATE ON RECENT POLLING RESULTS EXPLORING ADDITIONAL REVENUE FOR PARKS. AS YOU MAY RECALL BACK IN MARCH DURING YOUR DISCUSSION AROUND THE MARCH BUDGET MESSAGE, THE ADMINISTRATION RECEIVED TWO PIECES OF DIRECTION RELATED TO POTENTIAL BALLOT MEASURES NOVEMBER OF 2024. FIRST, WE WERE DIRECTED TO EXPLORE THE POSSIBILITY OF THE CITY TO ENTER LONG TERM AND COMMERCIAL LEASES ON CITY PARK LAND TO REVENUE THAT WOULD BE PUT BACK INTO PARKS. >> SECOND, WE WERE ASKED MORE BROADLY TO EXPLORE FUNDING MECHANISMS THAT WOULD ALLOW FOR ADDITIONAL REVENUE FOR OPERATIONS AND MAINTENANCE TO IMPROVE NEIGHBORHOOD PARKS. >> WE PULLED ON BOTH IN TO MEET COUNCIL DIRECTION. >> PETER AND I WORKED WITH A POLLING CONSULTANT TO SURVEY RESIDENTS A CITY CHARTER AMENDMENT, A BOND MEASURE AND A PARCEL TAX. >> AMENDING THE CITY CHARTER TO ALLOW LONGER LEASES ON CITY PARK LAND WOULD REQUIRE A 50% VOTER THRESHOLD A PARK TO FUND CAPITAL MAINTENANCE WOULD REQUIRE A TWO THIRDS VOTE THRESHOLD OR JUST OVER 66%. IMPORTANTLY, A BOND COULD NOT SUPPORT OPERATIONS. ADDITIONALLY, WHILE THE CURRENT THRESHOLD IS TO IF ASSEMBLY CONSTITUTIONAL AMENDMENT ONE KNOWN AS ACA ONE WERE TO PASS IN NOVEMBER IT WOULD REDUCE THE THRESHOLD REQUIRED FOR PASSAGE FROM TWO THIRDS TO 55% PROVIDED IT MEETS CERTAIN CRITERIA. >> WHILE ACA ONE WAS ORIGINALLY INTENDED TO APPLY TO SPECIAL TAXES IS BEING NARROWED TO APPLY ONLY TO BOND MEASURES. >> THIS OCCURRED WITH THE INTRODUCTION OF ACA TEN LAST WEEK. >> LASTLY, ALLOWING THE MOST FLEXIBILITY TO FUND BOTH OPERATIONS AND MAINTENANCE A PARCEL TAX WHICH IS CONSIDERED SPECIAL TAX WOULD ALSO REQUIRE A TWO THIRDS THRESHOLD. >> THE SURVEY WAS ADMINISTERED IN MAY TO A RANDOM SAMPLE OF 800 SAN JOSE VOTERS WHO ARE LIKELY TO PARTICIPATE IN THE NOVEMBER 2024 ELECTIONS. >> OUR POLLING CONSULTANT UTILIZES MIXED METHODS TO RECRUIT RESPONDENTS INCLUDING EMAIL, TEXT AND TELEPHONE AND COLLECTED DATA OVER THE PHONE AND ONLINE. THE SPLIT SAMPLE POLL WAS ADMINISTERED IN ENGLISH, SPANISH, CHINESE AND VIETNAMESE AND ASSIGNED TO RESPONDENTS TO ONE OF TWO POTENTIAL MEASURES THAT VARIED IN THE BALLOT STATEMENT AND SERVICES. >> THE OVERALL MARGIN OF ERROR WAS PLUS OR MINUS 3.4% WHEREAS THE SMALLER SUB SAMPLES HAD A MARGIN OF ERROR OF 4.9%. I WILL NOW HAND IT OVER TO PETER TO REVIEW THE RESULTS. >> THANK YOU SARAH. SO START OUT BY LOOKING AT THE RESULTS FOR THE PARK LEASE QUESTION AND THE PARK BOND QUESTION. THIS SLIDE SHOWS THE RESULTS FOR THE PARK LEASE QUESTION UNDER THE CITY CHARTER 25 YEARS IS CURRENTLY THE MAXIMUM TERM BY WHICH THE COUNCIL AGREE TO A LEASE WITH AN OUTSIDE ENTITY TERMS LONGER THAN 25 YEARS ARE POSSIBLE BUT THEY REQUIRE GOING THE VOTERS AND GETTING APPROVAL AT THE BALLOT. >> THIS QUESTION WHETHER VOTERS WOULD BE AMENABLE TO EXTENDING THAT TERM THAT THE COUNCIL CAN APPROVE TO 55 YEARS. THE THRESHOLD FOR THIS MEASURE WOULD JUST BE 50 50% PLUS ONE. AND WE SEE HERE IT'S AROUND 46%. WHILE THIS DOESN'T MAKE THE THRESHOLD, WE DO THINK THIS IS WORTH CONTINUING TO CONSIDER ESPECIALLY SOME ADJUSTMENTS TO [03:40:01] THE LANGUAGE REALLY DRAW OUT THE BENEFITS OF A LONGER TERM. IT MAY BE POSSIBLE TO GET THIS TO 50%. SO WHILE WE DON'T RECOMMEND MOVING FORWARD IN THIS CYCLE, WE DO THINK IT MERITS CONSIDERATION FUTURE CYCLES AND THIS IS THE RESULTS FOR THE PARK BOND QUESTION. THE THRESHOLD FOR A BOND IS TWO THIRDS SO AT 42% THE RESULTS HERE ARE A WAYS OFF. BUT AS MENTIONED IF ACA ONE WERE TO PASSED THE THRESHOLD FOR A BOND WOULD BE LOWERED TO 55%. SO WHAT WE DON'T RECOMMEND MOVING FORWARD NOW WE DO THINK WE COULD STILL CONSIDER THIS FOR FUTURE CYCLES ESPECIALLY IF WE WERE GIVEN A LOWER THRESHOLD . SO TO SUMMARIZE THESE WE DON'T RECOMMEND MOVING FORWARD NOW BUT THROUGH APPROVAL OF THE JUNE MESSAGE THE COUNCIL APPROVED NUMBER TEN WHICH DIRECTS US IN THE NEXT FISCAL YEAR TO EXPLORE POTENTIAL MEASURES FOR ADDITIONAL REVENUE . SO WE WOULD PLAN TO INCLUDE INCLUDE BOTH OF THESE IN THOSE . >> NOW WE'LL TURN TO THE RESULTS FOR THE PARCEL TAXES WE PULLED ON TWO VERSIONS OF THE PARCEL TAX MEASURE A AND MEASURE B THEY THEY BOTH INCLUDE FUNDING FOR MAINTENANCE AND FOR TRASH AND GRAFFITI REMOVAL. BUT THE MIX OF OTHER SERVICES IS A BIT DIFFERENT BETWEEN THEM AND IT'S IMPORTANT TO NOTE THAT PARCEL TAXES ARE SPECIAL TAXES SO WE WOULD ONLY BE ABLE TO SPEND MONEY ON SERVICES THAT ARE EXPLICITLY AUTHORIZED HERE IN THE THE BALLOT LANGUAGE AND FOR BOTH BOTH MEASURES WE TESTED A RATE OF $0.01 PER PARCEL SQUARE FOOT FOR RESIDENTIAL, $0.03 FOR NONRESIDENTIAL AND THIS SLIDE SHOWS THE RESULTS FOR MEASURE A WHICH IN ADDITION TO PARK MAINTENANCE TRASH AND GRAFFITI REMOVAL ALSO INCLUDES PARK AND RANGERS AND AND REMOVAL HOMELESS ENCAMPMENTS AND AT 63.1% IT'S A FEW POINTS OFF FROM THE TO THE TWO THIRDS THRESHOLD AND THIS THIS SLIDE SHOWS THE RESULTS FOR MEASURE B IN ADDITION TO MAIN PARK MAINTENANCE AND TRASH AND GRAFFITI REMOVAL, IT INCLUDES LANGUAGE ON PROTECTING NATURE AND WILDLIFE AREAS AND FUNDING A RANGE OF SERVICES PROVIDED BY PARENT US INCLUDING GANG PREVENTION, SENIOR HEALTH AND CHILDREN AND YOUTH PROGRAMS AT 66.1 THIS ONE IS QUITE CLOSE TO TWO THIRDS JUST VERY VERY SMALL UH VERY SMALL FRACTION BELOW THAT THRESHOLD IT'S WORTH TO WE'RE WORTH NOTING THAT THERE THERE IS QUITE A BIT OF UNCERTAINTY, SARA NOTED FOR THIS SUBSAMPLE WE HAVE A MARGIN OF ERROR OF 4.9% SO BOTH PASSAGE AND FAILURE OF THIS MEASURE ARE WELL WITHIN THAT THRESHOLD. >> UM BUT BUT I THINK IT'S ALSO WORTH POINTING OUT AND THIS SPEAKS TO OUR RECOMMENDATION TO PROCEED WITH POLLING OVER THE SUMMER LOOKING AT BOTH THE RESULTS FOR MEASURE B, MEASURE AND MEASURE B AND SOME OF THE OTHER POLLING WE BELIEVE THERE MAY BE A POSSIBILITY TO REALLY REFINE THE TO MAXIMIZE THE APPEAL OF THESE MEASURES TO VOTERS. >> AND NEXT THE SLIDES WILL LOOK AT HOW WE MIGHT DO THAT. SO THE WE TESTED AFTER TESTING EACH MEASURE MEASURING MEASURE B WE ASKED AN ADDITIONAL QUESTION OF THOSE RESPONDENTS WHO DID NOT SUPPORT THE MEASURE AND WE ASKED HOW THEIR SUPPORT CHANGE IF WE LOWERED THE THE TAX ON RESIDENTIAL TO HALF A CENT AND AS YOU CAN SEE SUPPORT EXPANDED CONSIDERABLY SO THIS IS SOMETHING IF DIRECTED BY THE COUNCIL TO PULL OVER THE SUMMER THAT WE WOULD WE WOULD CONSIDER CHANGING A LOWER RATE IN ORDER TO INCREASE SUPPORT AND WE ALSO IN ADDITION TO POLLING ON MEASURE A AND MEASURE B WHICH GROUP A SERIES OF PROGRAMS TOGETHER WE PULLED ON PROGRAMS INDIVIDUALLY BOTH THOSE THAT WERE INCLUDED IN THOSE THAT COULD BE INCLUDED IN A PARCEL TAX AND THE RESULTS ARE SHOWN HERE AND THEY REALLY DO VALIDATE OUR DECISION TO INCLUDE PARK AND TRASH AND GRAFFITI REMOVAL BECAUSE THOSE ARE THE THE THE TOP TWO YOU SEE THERE. BUT OTHERWISE THE IN THE THIRD THERE IS REMOVING HOMELESS ENCAMPMENTS. SO THIS THIS IS SOMETHING WE WOULD ALSO LOOK OUT WITH OUR POLLSTER TO STRATEGICALLY CHOOSE PROGRAMS AND SERVICES THAT WOULD WOULD MAXIMIZE SUPPORT. WITH THAT I'LL TURN IT BACK TO SARA AS DETAILED BY PETER THE RESULTS THE POLL ARE PROMISING BUT THEY STILL FALL SHORT OF THE REQUIRED TWO THIRDS VOTER THRESHOLD ESPECIALLY WHEN THE MARGIN OF ERROR IS APPLIED. >> THE ADMINISTRATION [03:45:03] RECOMMENDS THAT COUNCIL STAFF TO CONDUCT ADDITIONAL POLLING OVER THE SUMMER TO REFINE LANGUAGE TO INCREASE VOTER SUPPORT AND SCOPE OF PROGRAMS AND SERVICES ALSO TO ADJUST THE MIX OF TAX RATES BETWEEN PROPERTY TYPES. INCLUDING LOWERING THE TAX RATE AND TO LANGUAGE ON SUPPORTERS AND OPPONENTS TO DETERMINE IMPACT WHICH WE HAVE PRELIMINARILY LEARNED COULD LOWER THE RESULTS SHOULD THE COUNCIL DIRECT THIS STAFF WOULD RETURN TO A SPECIAL MEETING ON AUGUST 6TH WITH THE RESULTS AND RECOMMENDED BALLOT MEASURE LANGUAGE FOR THE COUNCIL'S CONSIDERATION AND THAT CONCLUDES OUR PRESENTATION. GREAT. THANK YOU VERY MUCH. REALLY APPRECIATE THAT AND AGREE WITH THE NEXT STEPS. >> LET'S GO TO PUBLIC COMMENT FIRST I CAN'T RECALL YOUR NAME. >> I'M FIRST PERSON WHO COMES DOWN JUST GO THE MICROPHONE IN NO PARTICULAR ORDER EVERYBODY ELSE WHOSE NAME I CALL PLEASE SIT IN THE FRONT ROW IT SAYS RESERVED. I HAVE MICHAEL Q SEAN, CARLY ROY JAMES RIVER, NEIL COLLINS THIS IS 3.5 YEAH. LANDRY AIMS JAMES RIVER SAN JOSE PARKS WE FOLEY SUPPORT A MEASURE I'LL TAKE A OR B AND I THINK THAT WE'RE CLOSE ENOUGH TO APPROVAL THAT THIS IS SOMETHING THAT NOT ONLY WOULD HAPPEN BUT IT'S REALLY REALLY NECESSARY AND THIS IS GOOD TIMING. I CAN TELL YOU THAT DURING COVID WE DID AN INTERNAL POLL OF PARK USAGE BY OUR SUPPORTERS ,DONORS AND FRIENDS OF THE PARKS FOUNDATION AND IT WAS HOW VALUABLE THE PARKS WERE AND. I THINK THAT THAT'S STILL IN PEOPLE'S MINDS THAT FOCUSING YOU KNOW, YOU CAN SAY A CITY WITHOUT PARKS IS NOTHING BUT A CITY WITH PARKS THAT PEOPLE USE AND VALUE IS IMPORTANT AND WE'VE GOT TO TAKE THE INITIATIVE AND TAKE IT NOW THE PARKS FOUNDATION WILL DO EVERYTHING WE CAN TO SUPPORT THIS WILL HELP RAISE MONEY FOR THE CAMPAIGN. WE'LL GET OUT AND WILL CAMPAIGN AND WE BRING WITH US THOUSANDS OF DONORS AND SUPPORTERS AND TO THANK YOU NEXT SPEAKER GOOD AFTERNOON, MAYOR MEHAN MEMBERS OF THE CITY COUNCIL MICHAEL KOCH I SPEAK ON BEHALF OF NOW OF SILICON TO URGE THE COUNCIL TO NOT PROCEED WITH A TRANSFER TAX MEASURE AT THIS TIME. ACCORDING TO COUNCILMEMBER TORRES'S MEMO, THE REFORMED REAL ESTATE TRANSFER TAX WOULD SIGNIFICANTLY INCREASE PROJECTED REVENUES BEYOND 2020 MEASURE E HOWEVER PROJECTED REVENUES TO ALL DO NOT ALWAYS TRANSLATE INTO ACTUAL DOLLARS LOS TRANSFER TAX MEASURE EULA TOOK EFFECT IN APRIL 2023 AND IMPOSED THE SAME 4% TAX ON PROPERTIES SOLD OR TRANSFERRED FOR MORE THAN $5 MILLION AND 5.5% TAX ON THOSE ARE SOLD OR TRANSFERRED FOR MORE THAN $10 MILLION. IT WAS PROJECTED THAT THE TAX WOULD GENERATE ANYWHERE FROM 672 MILLION TO OVER 1 BILLION IN ANNUAL REVENUES. ACTUAL GENERATED REVENUES WERE JUST A FRACTION THE TAX FORECAST WHICH EQUATES TO ONLY 21.5% OF THE HIGHEST PROJECTION IS POTENTIALLY GENERATING A FRACTION OF PROJECTED REVENUES WORTH FURTHER DAMAGING THE ALREADY SUFFERING CONTINUOUSLY . NEXT SPEAKER I'M ALSO GOING TO CALL ON ANEEL BABAR OSCAR CASTRO GOOD AFTERNOON SHAUN. >> RIGHT NOW SILICON VALLEY I JUST WANT TO REMIND EVERYONE THAT THIS SEEMS VERY MUCH LIKE A END AROUND FOR PROP 13. >> YOU'RE CREATING A PARTICULAR STANDARD FOR RESIDENTIAL AND YOU'RE CREATING ANOTHER STANDARD FOR COMMERCIAL. THE VOTERS ALREADY VOTED THAT DOWN IF YOU WANT TO START OVERTURNING PROP 13 LET'S JUST HAVE THE HONEST CONVERSATION AND LET'S TAKE THAT TO THE VOTERS FOR WHAT IT IS AND MAYBE WE SHOULD ALSO START LOOKING AT PRUDENCE, START LOOKING AT THE FACT THAT MAYBE WE SHOULD BE CUTTING SOME JOBS SERVICES THINGS THAT WE DON'T PARTICULARLY INSTEAD OF CONSTANTLY GOING TO THE VOTERS FOR MORE TAX DOLLARS. THE WALL STREET JOURNAL HAD AN ARTICLE THAT TALKED ABOUT THE VOTER TAX REVOLT IN CALIFORNIA. GOVERNOR NEWSOM IS FEELING IT. IT HAPPENING STATEWIDE AND SO WE JUST WANT TO HAVE YOU BE COGNIZANT OF THE FACT THAT YOU'RE GOING TO DRIVE BUSINESS AWAY FROM SAN JOSE WITH THIS TYPE OF A TAX MEASURE. THANK YOU. THANK YOU. NEXT. HI, I'M LAURIE AMES. I HOPE YOU GOT A CHANCE TO READ THE LETTER THAT A GROUP OF US [03:50:06] LONG TIME PARK SUPPORTERS HAVE SENT YOU WE AGREE WITH THE PUBLIC POLICY THAT THE CITY SHOULD NOT BE OUT OUR CITY PARKS. IT'S ONE THING TO ASK THE PUBLIC TO OKAY A WAIVER FOR THE WATER PARKS OR THE TEA GARDENS. BUT IT'S ANOTHER THING TO ASK US FOR A BLANK CHECK TO LEASE OUT OUR PARKS. WE ALSO AGREE WITH THE PAUL THAT THE PARKS DO NEED MAINTENANCE AND WE'RE WILLING TO CONSIDER A PARCEL TAX HELP PAY FOR IT. BUT THE MONEY COLLECTED FOR THE PARKS NEED TO BE USED FOR THE PARKS. DON'T PULL A BAIT AND SWITCH ON US WITH A BALLOT MEASURE THAT COULD LET SHIFT THE FUNDS OVER TO SOME OTHER PURPOSE. PARK FUNDS ARE FOR PARKS. ALSO WE NEED TO BE EASIER TO FOR YOU TO ASK US FOR TAX IF YOU DIDN'T ALSO BE GIVING AWAY THE TAX FUNDS WITH DISCOUNTS FOR THE HIGH BUILDINGS. THANK YOU FOR THE SERVING PUBLIC. WE LOOK FORWARD TO SEEING HOW YOU ALL USE ADDITIONAL SURVEY RESULTS TO SHAPE THE VALID BALLOT MEASURE. WE ALL WANT PARKS FOR SAN JOSE TO MAKE IT A WONDERFUL PLACE TO WORK, LIVE AND PLAY. >> THANK YOU. THANK YOU. NEXT BECAUSE GOOD AFTERNOON HONORABLE CITY COUNCIL AND MAYOR MY NAME IS NEIL COLLINS. I'M THE CEO OF THE SANTA CLARA COUNTY ASSOCIATION OF REALTORS. I'M HERE TODAY TO SPEAK AGAINST COUNCILMEMBER TORRES'S MEMO TO EXPLORE A NEW TRANSFER TAX. AS WE'VE HEARD BEFORE, NOW IS NOT THE TIME FOR NEW TAXES NOR IS IT THE TIME TO FURTHER REDUCE HOUSING AFFORDABILITY WITH A NEW TRANSFER TAX WHICH IS EXACTLY WHAT WILL HAPPEN. TRANSFER TAX FREEZE THE UPPER END OF THE MARKET AND PUT MORE DOWNWARD PRESSURE ON THE HOUSES THAT ARE REMAINING. >> I'M ASKING YOU TO PUT A HALT TO THIS ILL CONCEIVED PROPOSAL HERE TODAY AND I THANK YOU FOR YOUR SUPPORT. THANK YOU. NEXT SPEAKER AND BEFORE YOU BEGIN I'D LIKE TO CALL ON JENNY ZHAO AND CARL LEE. GO AHEAD. THANK YOU. THANK YOU, MAYOR AND COUNCIL ON NOVEMBER WITH THE CALIFORNIA DEPARTMENT ASSOCIATION AND I TO SPEAK IN OPPOSITION TO COUNCILMEMBER TORRES'S MEMO. >> YOU KNOW, WE HAVE SEEN WHAT HAPPENED IN L.A. WE'VE SEEN WITH THE POLLING YOU SAW A FEW MINUTES AGO. VOTERS FATIGUED FROM TAXES AND WHAT WE'RE GOING TO BE DOING IS FURTHER HAMPERING OUR ABILITY TO MEET THE EVER GROWING NEED FOR ADDITIONAL HOUSING IN THE CITY FOR THAT FOR THOSE REASONS WE ASK THAT YOU REJECT THIS PROPOSAL TODAY AND MOVE FORWARD. >> THANK YOU. THANK YOU. NEXT SPEAKER. >> GOOD AFTERNOON, COUNSEL WAS OUR CASTRO WORKING PARTNERSHIPS? WE'D LIKE TO EXPRESS OUR FOR THE MEMO THAT WAS AUTHORED BY COUNCILMEMBER AND WE'D LIKE TO SHOW OUR APPRECIATION FOR COUNCILMEMBER TORRES BEING PROACTIVE AND TAKING ADVANTAGE OF THIS OPPORTUNITY TO. EXPLORE WHAT MORE WE CAN DO IN THIS BROADER CONVERSATION OF GENERATING REVENUE. GIVEN THAT STAFF HAS DONE A GREAT JOB AT LOOKING AT SOME INITIAL OPPORTUNITIES, IF THERE'S OPPORTUNITIES TO LOOK AT OTHER THINGS SUCH AS A REFORM TRANSFER TAX THAT COULD GENERATE SIGNIFICANTLY MORE REVENUE THAN MEASURE E IT SHOULDN'T HURT TO DO SOME OF THE WORK AND LOOK INTO THAT AND. A BIG PART OF THE CONVERSATION THROUGHOUT THE FIRST HALF OF THIS YEAR FOR A BUNCH OF DIFFERENT ISSUES WAS WE NEED MORE RESOURCES FOR A VARIETY OF SOLUTIONS. AND TWO THAT FIGURES THAT WE SHOULD LEAVE NO STONE UNTURNED LOOKING AT THIS AS A REAL OPPORTUNITY TO GENERATE MORE REVENUE AND, PUT LESS OF A TAX BURDEN ON HOMEOWNERS SEEMS LIKE A GREAT OPPORTUNITY. >> THANK YOU. >> THAT'S YOUR TIME. NEXT SPEAKER I'M ALSO GOING TO CALL DOWN JEAN DRESDEN AND ENRIQUE NAVARRO. >> GOOD AFTERNOON. MAYORS AND COUNCIL. MY NAME IS JENNY ZHAO. I'M HERE TO SPEAK ON BEHALF OF BAY AREA HOMEOWNERS NETWORK AND ORGANIZATION REPRESENTS SAN JOSE SMALL HOUSING PROVIDERS HOMEOWNERS. I'M HERE TO AGAINST COUNCILMEMBER TOURIST MEMO TO PROPOSE NEW TRANSFER TAX MEASURE WAS PASSED JUST A FEW YEARS AGO AND TO DEAL WITH HOUSING AFFORDABLE AND HOMELESSNESS EVER SINCE IT'S PASSED TO SEE TUITION ONLY GET WORSE SO THERE'S CLEAR DELIVERABLE RESULTS IN ACCORDING TO THE STATE'S AUDIT. A LOT OF MONEY GET UNACCOUNTED FOR. ASKING FOR MORE MONEY NOT THE ANSWER. WE WANT OUR LEADERS TO USE EXISTING TOOLS TO IMPROVE EFFICIENCY TRANSPARENCY ACCOUNTABILITY AND TO BE A RESULT. TRIBUNE. THANK YOU. THANK YOU. NEXT SPEAKER VICE MAYOR. COUNCIL MEMBERS. MY NAME'S CORALEE. I'M HERE TO SPEAK COUNCILMEMBER TORRES'S MEMO AS WELL. I SERVED ON THE GENERAL PLAN TASK FORCE IN THE THE THE REVIEWS SUBSEQUENT TO THAT TASK [03:55:08] FORCE AND I WAS AN ADVOCATE FOR AFFORDABLE HOUSING. IF YOU ARE AN ADVOCATE FOR AFFORDABLE HOUSING, I ASK YOU TO TAKE A BROADER LOOK AT THIS TYPE OF POLICY IN L.A. WHEN THEY'VE PASSED HOUSING MARKET HAS RIPPLED THROUGH AND IT'S CAUSED PEOPLE NOT TO MOVE FROM THEIR HOMES THAT THEY'VE GROWN FAVOR. AND CAUSED THE PRICES TO GO UP SIGNIFICANTLY. AND USING THE MEASURE IS AN EXAMPLE AND WE LOOK IN THE MEMO IT TALKS ABOUT THESE ARE LUXURY HOMES. WHEN MEASURE WAS PASSED US A FEW SHORT YEARS AGO $1 MILLION JUST AROUND THAT PRICE RANGE WAS THE AFFORDABLE OF MEDIAN HOUSEHOLD INCOME. I'M SORRY MEDIUM INCOME MEDIUM VALUE IN SANTA CLARA COUNTY IT IS NOW THE MEDIUM VALUE THING. THANK YOU. NEXT SPEAKER I'M GOING TO CALL ON EMILY ANN RAMOS AS WELL. GOOD AFTERNOON. NAME IS JEAN DRESDEN AND I'M A PARK ADVOCATE AND I WANT TO THANK COUNCIL FOR EXPANDING THE SCOPE OF THE ORIGINALLY PLANNED SURVEY BACK IN MARCH AND I THINK WE THAT WE HAVE THIS OPPORTUNITY NOW THE ELECTORATE HAS SHOWN THEY HAVE INTEREST IN DOING FOR OUR PART AND FOR THE ECOSYSTEM OF OUR PARKS. >> MANY ORGANIZATIONS WHEN THEY GO OUT TO PULL A BALLOT MEASURE WILL PRECEDE THAT QUESTION WITH SOME KIND OF PUBLIC RELATIONS PROGRAM AND THEN THEY SEE WHAT THE RESPONSES THERE THIS POLLING WAS A NAKED POLLING. >> THERE WAS NO PR CAMPAIGN IN ADVANCE AND ALREADY VERY NEAR THE THRESHOLD. SO IT GIVES US THE OPPORTUNITY TO REALIZE THAT WITH A CAMPAIGN WE MAY MOVE THINGS FURTHER. I HOPE THAT WE'LL EXPLORE OUR MANY DIFFERENT WAYS TO THANK YOU THAT YOUR TIME NEXT SPEAKER AND AFTERNOON MAYOR AND CITY COUNCIL AND OF OUR GOVERNMENT AFFAIRS WITH THE SANTA CLARA COUNTY ASSOCIATION OF REALTORS ALSO EXPRESSING OPPOSITION ON BEHALF OF THE ASSOCIATION OUR MEMBERS TO ANY FURTHER SUGGESTION OF TRANSFER TAXES SINCE THE TRANSFER TAX MEASURE WAS PASSED SAN JOSE HAS BECOME FAR LESS AFFORDABLE BECAUSE THE TAX ON SOME PROPERTIES HAS A GENERAL IMPACT ON ALL PROPERTIES MAKING THEM ALL LESS AFFORDABLE. AND IF WE WANT TO KNOW HOW A TRANSFER TAX OF THE SUGGESTED TYPE NOW WILL HARM SAN JOSE, WE ONLY NEED TO LOOK AT LOS ANGELES WAS REFERENCED EARLIER WHERE THEY PASSED A SIMILAR TAX LAST APRIL IN MARCH OF 2023. THERE WERE 138 PROPERTIES THERE THAT SOLD THAT QUALIFIED FOR THE TAX IN APRIL THERE WERE TWO. IT CREATES A VERY BAD INCENTIVE FOR PEOPLE NOT TO WANT TO TRANSFER PROPERTIES AND TO HOLD ON TO THEM AND FURTHERMORE IMPACTS MULTIFAMILY PROPERTIES WHICH COULD HAVE A NEGATIVE IMPACT RENTERS AS WELL. >> THANK YOU. THANK YOU. NEXT SPEAKER JUST IN TIME. HI MEMBERS OF THE COUNCIL EMILY ANN RAMOS FROM SD AT HOME. WE APPRECIATE THE LEADERSHIP OF COUNCILMEMBER TORRES ON THIS ITEM. SB AT HOME ACTION FUND SPONSORED THE MEASURE E CAMPAIGN TO GENERATE AN ONGOING OF LOCAL REVENUE FOR AFFORDABLE HOUSING AS WE HAVE SEEN E IS NOT PRODUCING THE LEVEL OF REVENUE THAT IT WAS A FEW YEARS AGO EVEN AS OUR NEEDS HAVE NOT DECREASED. MEASURE E WAS ALSO TO EXCLUDE ABOUT 95% OF SINGLE FAMILY HOMES SALES. SO RAISING THE EXEMPTION TO 3 MILLION WOULD RIGHTSIZE THIS AND TO NOT IMPACT MOST SALES AND RAISING THE RATE FOR LARGER TRANSFERS INCREMENTALLY WE WOULD POTENTIALLY INCREASE ANNUAL RECEIPTS. >> SO THIS IS JUST A REQUEST FOR POLLING. SO YOU WOULD ALL HAVE THE OPPORTUNITY TO REVIEW AND ADD TO BALLOT AS APPROPRIATE. THE AFFORDABLE HOUSING NEEDS WE HAVE ARE SIGNIFICANT AND EXPANDING IN SCOPE AND SCALE. THIS IS AN OPPORTUNITY TO EXPLORE YOUR OPTIONS. THANK YOU SO MUCH FOR YOUR TIME BACK TO COUNCIL. >> THANK YOU. >> ALL RIGHT. COMING BACK TO THE COUNCIL WE TURN TO COUNCILMEMBER TORRES FIRST. >> GREAT. THANK YOU SO MUCH FOR FOR YOUR PRESENTATION. >> I THINK A LOT OF US ON THE DAIS ARE SUPER EAGER TO OBTAIN NEW REVENUES FOR FOR OUR PARKS AND SO AS WE CAN IMAGINE, WE JUST HAD A VERY LENGTHY BUDGET DISCUSSION AND WHERE WE ALL SPOKE TO A KEY INITIATIVES ARE CRITICAL TO OUR COMMUNITY AND HOW WE NEED TO PROVIDE RESOURCE RESOURCES TO THOSE KEY PRIORITIES AND EVEN ON MORE SPECIFIC ISSUES SUCH AS PARKS AND OUR HOUSING. >> WE ARE WE ALL AGREED THAT WE NEEDED MORE REVENUE. >> I THINK THAT AGREEMENT IS IMPORTANT BECAUSE THE CONSENSUS WARRANTS US AS A COUNCIL TO BE [04:00:04] CURIOUS, EAGER TO UNDERSTAND THE FULL BREADTH OF WHAT WE CAN DO TO PROVIDE THOSE RESOURCES OUR COMMUNITY. >> AND THE INTENT OF MY MEMO WAS KICK START KICK START FURTHER EXPLORATION FOR WHAT COULD BE FEASIBLE AT THE BALLOT BOX. >> JUST ASKING A A POLLING QUESTION AS THE STAFF MEMO SHOW SHOWED MANY OF THE STUDIED OPTIONS WERE DEEMED INFEASIBLE AND THAT SHOWED PROMISES ARE STILL TIGHT AS WE SAW IN THE PRESENTATION. >> I REALLY DO BELIEVE THAT WHEN SPEAKING TO RESIDENTS WE HEAR THE DISCUSSION OF INCREASED COST QUITE A BIT THROUGH THE LENS OF INFLATION AND THE INCREASED COST OF GOODS AND ESSENTIALS BUT WE ALSO HEAR ABOUT TAX FATIGUE. >> I'M SUPPORTIVE OF OPPORTUNITIES TO GENERATE REVENUE BUT I'M EVEN MORE SUPPORTIVE IN SEEING HOW CAN DO THAT WITHOUT PLACING THE TAX BURDEN ON OUR RESIDENTS. I WANT TO SEE PULLING FOR A TRANSFER TAX THAT IS MODIFIED FROM MEASURE E THAT COULD POTENTIALLY GENERATE MORE REVENUE THAN MEASURE ME AND ELEVATE NEARLY ALL FOLKS FROM THE SET FROM FROM BEING SUBJECT TO TRANSFER TAX GIVEN THE POTENTIAL TO ROLL OUT A TRANSFER SIMILAR TO THE MEASURE ULA IN LOS ANGELES IN 2022 AND SEEING WHAT PUBLIC RECEPTION COULD LOOK LIKE FOR THIS BALLOT SEEMS LIKE A PRIME OPPORTUNITY TO BRING RESOURCES TO OUR COMMUNITY. >> I UNDERSTAND WE HAVE A LOT OF HAPPENING IN OUR CITY OF SAN JOSE. I APPRECIATE MY COLLEAGUES, PARTNERS AND OUR ENTIRE COMMUNITY AND CITY STAFF FOR ALL THE WORK THAT THEY DO DAY IN AND DAY OUT ON MOVING KEY ITEMS FORWARD AND YESTERDAY I SPOKE WITH LEE AND UNDERSTAND THAT STAFF DOES HAVE CONCERNS WITH THE TIMELINE THAT IS LAID IN MY MEMO. SO WITH THAT I HAVE I DO HAVE A QUESTION FOR LEE. >> LEE, CAN YOU CAN YOU SHARE YOUR CONCERNS REGARDING REGARDING PUTTING THIS ON THE BALLOT FOR NOVEMBER? >> SURE. THANK YOU, COUNCILMEMBER. MY CONCERNS REALLY STEM FROM IF IT WAS AS SIMPLE AS JUST PULL AND GO OUT IT WOULD BE A LITTLE BIT MORE I DO THINK IF WE'RE GOING TO PULL OVER THE SUMMER ON THE PARCEL TAX AND WHAT STAFF IS RECOMMENDING, WE HAVE A CAPACITY ISSUE ON THE POLLING. MY LARGER CONCERN REALLY DEALS WITH THE STRUCTURE OF THE POLL QUESTION THAT WE ASKED. >> SO IN YOUR MEMORANDUM YOU SUGGEST SOME OF THE RATE CATEGORIES IS CHANGING. >> THERE'S AN AWFUL LOT ANALYSIS AND FORECASTING OF THOSE NUMBERS THAT WOULD NEED TO TAKE PLACE. WE EVER TEST A QUESTION BECAUSE WHEN WE DO TEST A QUESTION WE'RE GOING TO TEST THE 75 WORDS THAT WE'RE PUTTING IN FRONT OF THE VOTERS AND LAW DOES REQUIRE THAT WE SPEAK TO THOSE SPECIFIC AMOUNTS. >> SOME MEASURE E SPOKE TO THOSE VERY SPECIFICALLY. WE WOULD NEED TO DO THAT AGAIN AND WITH THE WAY YOUR PROPOSAL WAS WRITTEN I HONESTLY HAVE TWO CONCERNS. ONE, I'M NOT SURE IT ACTUALLY GENERATES MORE REVENUE IS THE WAY THAT IT'S WRITTEN. IT COULD GENERATE LESS BUT IT CERTAINLY WOULD BECOME MUCH MORE VOLATILE WITH THE YOU KNOW, INCREASING BASE THAT BASE THERE'S SO MANY MORE TRANSACTIONS SOME OF THOSE LOWER FEES THAT HELPS THAT THOSE REVENUES COMING INTO THE CITY AS HAVING A BETTER STANDING OF WHAT THEY ARE AT THOSE HIGHER RATES. IT'S MUCH MORE VOLATILE AND IT'S DIFFICULT FOR US TO FORECAST SO IN SOME YEARS IT'S GREAT BUT IN OTHER YEARS YOU KNOW IT CAN BE REALLY BAD. SO BEGINNING OF COVID INTEREST RATES WERE LOW RENTS WERE STILL HIGH. SOME OF THOSE TRANSACTIONS YOU KNOW FOR SELLING FOR HUNDREDS OF MILLIONS OF DOLLARS INCREASE MEASURE. BUT AS YOU'VE SEEN THIS, MOST OF THOSE LARGE TRANSACTIONS HAVE GONE AWAY AND THAT REALLY KIND OF HANDCUFFED US WITH THOSE REVENUES IN THIS YEAR. >> SO I THINK FOR US TO MEANINGFULLY LOOK AT THIS, IT WOULD REQUIRE THAN REALLY THE FIVE WEEKS THAT WE WOULD HAVE TO KIND OF DO THIS WORK. I WOULD SAY FROM THE ADMINISTRATION'S PERSPECTIVE DIRECTION THAT YOU ALL APPROVED AS PART OF THE BUDGET PROCESS GAVE US PRETTY BROAD AND FLEXIBLE DIRECTION TO LOOK AT ALL REVENUE MEASURES OF THE CITY NOT JUST NEW ONES BUT POSSIBLY MODERNIZING ONES LIKE THE BUSINESS TAX OR THIS ONE. >> SO FROM MY PERSPECTIVE OF HITTING THIS BY AUGUST SIX OF THIS YEAR IS NOT VERY MANAGEABLE FROM A STAFF PERSPECTIVE BUT AS DOING THIS WORK AS PART OF THE EXPIRATION FOR 2026 IS MANAGEABLE. >> SO FOR THE NOVEMBER 2026 ELECTION CORRECT. >> OKAY. >> ALL RIGHT. THANK YOU, LEE AND THANK YOU ALL OF YOU THERE IN THE BUCS. WITH THAT BEING SAID, I WOULD LIKE TO MAKE A MOTION TO ACCEPT THE STAFF RECOMMENDATION ALONG WITH MY MEMO AUTHORED YESTERDAY AFTERNOON AMENDING IT TO TO A LEAD JUST SUGGESTED WHICH IS PUTTING IT ON FOR A WORKPLAN FOR THE NOVEMBER 2026 ELECTION. I LOOK FORWARD GETTING THE BALL ROLLING AND LOOKING AT FURTHER WAYS TO BRING RESOURCES TO OUR COMMUNITY IN A MORE EQUITABLE MANNER. THAT'S MY MOTION AND I'M NOT HEARING A SECOND SECOND OC SECOND COUNCILMEMBER ORTIZ UM [04:05:09] OKAY. >> LET ME JUST LET ME JUST CLARIFY THIS MOTION ON THE FLOOR. >> I THINK YOUR MOTION OR YOUR MEMO IS CONSISTENT WITH THE JUNE MESSAGE AS LEE MENTIONED TO GO EXPLORE REVENUE FOR FUTURE CYCLES. >> WE GAVE STAFF A LOT OF LATITUDE TO AT A RANGE OF WAYS TO GENERATE REVENUE. >> SO I THINK THE DIRECTION THE MEMO WAS CONSISTENT. I DO WANT TO CONFIRM WITH NORA THOUGH WHETHER OR NOT WE'RE ABLE TO GIVE DIRECTION AND I GUESS IF WE CAN JUST CLARIFY BASED ON WHAT WAS AGENDA ISED HOW BROAD WE CAN GIVE DIRECTION ON THIS ITEM. >> NOW THANK YOU MAYOR. THE STAFF MEMO AND THE AGENDA NOTIFICATION IS NOT QUITE THAT BROAD. AND WHAT THEY LOOKED AT WERE SPECIFIC TYPES OF TAXES, PARCEL TAX MEASURES AND BOND MEASURE AND A CHARTER AMENDMENT FOR LONG TERM LEASES AND THAT'S THAT'S A LOT MORE NARROW FOR THIS. YEAH, FOR THIS NOVEMBER FOR STAFF TO GO TO CONSIDER OTHER THINGS AND COME BACK TO THE COUNCIL OTHER REVENUE MEASURES THAT WOULD BE APPROPRIATE AT SOME POINT BUT FOR THIS ITEM THAT'S NOT WHAT THE PUBLIC HAS BEEN TOLD. THIS IS ABOUT OKAY. SO WE SO APOLOGIZE. >> I DIDN'T ASK THAT EARLIER. I THOUGHT THROUGH DISCUSSION WE'D MAYBE GET TO JUST MOVING THE STAFF MEMO BUT SINCE WE HAVE THE MOTION ON FLOOR ARE WE ABLE TO MOVE FORWARD WITH IT OR DO WE DO WE NEED TO MODIFY IT PROCEDURALLY? >> I YOU WOULD NEED TO MODIFY IT PROCEDURALLY. IT IS IT'S NOT WHAT'S BEFORE THE ON THIS AGENDA FOR TODAY. SO I THINK MOST OF THE GOOD NEWS IS I THINK WHAT'S IN YOUR MEMO IS ALREADY CAPTURED IN THE JUNE MESSAGE AND IT'S SOMETHING THAT AS I UNDERSTAND IT STAFF WILL LOOK AT FOR 2026 AND FUTURE CYCLE CYCLES BEYOND NOVEMBER OF OF THIS YEAR. >> IS THAT ACCURATE LOOK MEASURE WOULD BE INCLUSIVE OF THE VARIOUS REVENUE STREAMS WE WOULD LOOK AT FOR FUTURE ELECTION CYCLES FOR PURPOSES OF THE AGENDA ITEM THOUGH I DON'T THINK WE CAN ACCEPT THAT MOTION AND NEED TO NARROW IN ON WHAT'S BEEN AGENDA IZED WHICH IS A POTENTIAL BALLOT MEASURE FROM NOVEMBER 5TH OF THIS YEAR . MY MOTION ASK FOR IT TO BE PLACED ON THEIR WORKPLAN FOR THE NOVEMBER 2026 ELECTION. >> RIGHT. UNFORTUNATELY THOUGH THIS WAS AGENDA IZED FOR POTENTIAL NOVEMBER 2024 BALLOT MEASURE POLLING. SO I THINK WE'RE GOING TO NEED MOTION TO BE CONFINED TO. I THINK THE GOOD NEWS IS WHAT'S IN YOUR MEMO LOOKING AT MEASURE IS ALREADY CONTAINED WITHIN THE JUNE. >> YEAH OKAY I GET THAT BUT THIS IS THIS IS A EXTREMELY IMPORTANT RIGHT AND SO I CAN WELL I'LL JUST TURN IN OREGON TO TELL US HOW TO PROCEED I'M NOT QUITE SURE PROCEDURALLY I THINK FROM BASED ON WHAT LEE SAID AND WHAT SARAH AND HER TEAM HAVE SAID THEY BE COMING BACK LOOKING AT OTHER GIVEN JUNE MESSAGE, LOOKING AT OTHER REVENUE MEASURES AND BRINGING THOSE BACK DOING POLLING WHATEVER. BUT THOSE WILL BE COMING BACK TO THE COUNCIL FOR CONSIDERATION AND A NUMBER OF IDEAS IT SOUNDS LIKE. BUT FOR TODAY THAT'S THE THE COUNCIL'S NOT ABLE TO CONSIDER THOSE THINGS BECAUSE THEY AREN'T PROPERLY NOTICED. >> IF YOU YOU CAN INFORMALLY MAYBE THE STAFF WOULD BE WILLING TO GIVE YOU A PROJECTED TIME FRAME WHEN THEY'D BE COMING BACK FOLLOWING THE JUNE MESSAGE WITH SOME OTHER IDEAS. >> DO YOU GUYS HAVE A SENSE? WE DO. WE WERE ASKED TO COME I THINK IN THE EARLY PART OF 2025. UM WITH SOME OF THIS WORK AND I WOULD JUST SAY FROM THE WHETHER THAT MOTION CAN PASS OR NOT, I THINK THE SPIRIT THE MEMO AT LOOKING AT MEASURE E AND MODERNIZATION IS ABSOLUTELY OF OUR WORKLOAD THAT WE INTENDED TO DO FOR 2026. >> OKAY. SO SO DEFINITELY GET THAT. I'M JUST A LITTLE UPSET HERE BECAUSE CITY YOU KNOW OUR CITY MANAGER CITY MANAGER'S OFFICE HAS HAD THE LANGUAGE SINCE SINCE YESTERDAY AND IT'S VERY UPSETTING THAT I'M JUST HEARING ABOUT IT NOW. SO I DEFINITELY GET THAT. I WILL DEFINITELY LEAVE IT AT THAT AND JUST THE MOTION TO ACCEPT STAFF STAFF [04:10:04] RECOMMENDATION FOR YEAH. >> OKAY. THANK YOU. I APPRECIATE THE MODIFICATION. APOLOGIES. I JUST WANTED TO GET CLARITY FROM NORA AND I'M GLAD WE DID. LET ME NOT ANY ELSE COUNCILMEMBER NO. >> OKAY. COUNCILMEMBER ORTIZ THANK YOU. MAYOR AND THANK YOU MY COLLEAGUE COUNCILMEMBER TORRES FOR HIS COMMENTS. I WANT TO START BY THANKING STAFF AND OUR CONSULTANT FOR THEIR GREAT WORK DONE IN DEVELOPING THE LANGUAGE FOR THE PARCEL WHICH WOULD SERVE OUR RESIDENTS IMMENSELY AND PROVIDING FOR QUALITY AMENITIES AT WELL-MAINTAINED PARKS. WHEN I FIRST ENTERED MY TERM I WAS EXCITED TO DIVE IN AND WORK TO FUND REPAIRS AND UPGRADES TO OUR PARKS ESPECIALLY OF COURSE IN THE SAN JOSE WHICH ARE REELING FROM THE EFFECTS OF DEFERRED MAINTENANCE AND SOME OF MY FIRST MEETINGS WITH PURINA'S LEADERSHIP I CAME TO FIND OUT THAT I HAVE ENOUGH FUNDS TO PLACE TWO SINGLE LIGHTS AT CHILDREN OF THE RAINBOW PARK A PARK SQUARELY SITUATED IN A LOW INCOME AND GANG IMPACTED NEIGHBORHOOD WHICH I'M HAPPY ABOUT BUT THAT'S NOT MUCH TO GET IN AN ENTIRE DISTRICT THAT $100,000 PROJECT HAS SINCE ESSENTIALLY WIPED ME OUT LEAVING NO ROOM FOR IMPROVEMENTS AT OTHER PARKS ARE IN GREAT NEED IN MY DISTRICT AND THAT'S UNFORTUNATELY THE REALITY FOR MANY OF OUR COUNCIL MEMBERS ESPECIALLY THOSE REPRESENTING DISTRICTS THAT ARE NOT ACTIVELY BEING DEVELOPED IN AND AT THIS MOMENT WE'RE NOT DELIVERING ON THE STANDARD STANDARD SERVICE THAT OUR RESIDENTS DESERVE. THE FEW AMENITIES WE DO HAVE CAN'T EVEN BE MAINTAINED DUE TO LOW STAFFING AND THAT'S WHY I'M EXCITED ABOUT THIS ITEM TO LEARN THE PARCEL TAX FOR PARKS PULLED DECENTLY WELL AND THE FLEXIBILITY OF A PARCEL TAX GIVES US A GREATER ABILITY TO FUND WHAT'S NEEDED. UNLIKE THE 2000 THE 2000 PARK BOND WHICH RAISED LOTS OF MONEY TO ESSENTIALLY DO ONE TIME CAPITAL IMPROVEMENTS LEFT US WITH AGING INFRASTRUCTURE IN OUR PARKS CATALOG AND THE NEED FOR PARK SAFETY SUPPORT WHICH I KNOW A FEW OF MY COLLEAGUES ON THE COUNCIL I'M SURE HAVE EXPERIENCED IN PARKS. >> TO THAT POINT I'LL MOVE ON TO A QUESTION SO IF TODAY'S ITEM IS APPROVED IN MEASURE PASSES WHEN WOULD WE BE ABLE TO DIRECT STAFF SO THAT THE DOLLARS BE SPENT IN AN EQUITABLE WAY SO COUNCILMEMBER YOU'D BE ABLE TO TAKE ACTION AS EARLY AS AUGUST SIX SO IF THE POLLING LOOKED GOOD AND YOU WERE TO PLACE A 75 WORD BALANCE STATEMENT IN FRONT OF THE VOTERS, YOU COULD ALSO GIVE DIRECTION TO STAFF THAT POINT TO COME UP WITH A SPENDING PLAN OF WHAT THE COUNCIL MAY OR MAY NOT WANT TO SPEND THAT DOLLARS ON WHICH IS USUALLY INCREDIBLY HELPFUL FOR YOU ALL WHO ARE GOING TO BE OUT IN THE COMMUNITY HELPING CHAMPION THAT CAUSE TO BE ABLE TO SPEAK WHAT THOSE FUNDS WOULD BE USED FOR. >> WELL, WE HAVE A LOVE HATE RELATIONSHIP WITH SPENDING PLANS ON THIS COUNCIL BECAUSE WE'VE SEEN WHERE THAT'S GOTTEN US. >> IS THERE ANY WAY IS IT POSSIBLE CODIFY THAT IN THE LANGUAGE FOR THE PAST PARCEL TAX LIKE IS THERE A WAY TO MAKE SURE THAT WE'RE LEVERAGING STATISTICS WITH OUR PCH SCORES OR THE HEALTHY PLACES TO DETERMINE OUR INVESTMENTS? >> I MEAN WE COULD CERTAINLY GET DIRECTION ON A FRAMEWORK OF HOW TO APPROACH THAT. >> THERE WOULD NEED TO BE IN ALIGNMENT AND WE'D WORK WITH THE CITY ATTORNEY TO BE CONSISTENT WITH THAT 75 WORDS DOES STATE ESPECIALLY SINCE WE'D BE LOOKING AT A HIGHER VOTER THRESHOLD BUT AT THE END OF THE DAY TO IT ALSO WILL BE PART OF THE BUDGET PROCESS AND HOW YOU ALLOCATE THOSE FUNDS ON AN ANNUAL. >> OKAY. ALL RIGHT. NO THANK YOU SO. REALLY EXCITED FOR THIS ITEM AND HOPEFULLY WE HAVE A SUCCESS IN NOVEMBER AND LOOK FORWARD TO SEEING OUT THERE KNOCKING ON DOORS HOPEFULLY. >> THANK YOU. THANKS COUNCILMEMBER. IF THIS WERE TO GO TO THE BALLOT IT WOULD BE AT TWO THIRDS THRESHOLD. CORRECT? SO IT WOULD BE RESTRICTED TO PARKS OR HOWEVER WE WILL HOWEVER WE DEFINE IT IT WOULD A RESTRICTED TAX THAT WOULD HAVE A LIMITED SET OF USE. >> IT WOULD BE RESTRICTED BASED OFF OF THE FINAL 75 WORDS AND I AND I WILL SAY, YOU KNOW, SARAH AND PETER DID A GREAT JOB OF GOING OVER THE SURVEY I THINK ONE OF THE REASONS WE NEED TO GO BACK OUT IS THOSE RESULTS ACTUALLY ACTUALLY CONTRADICT EACH OTHER AT A FEW DIFFERENT PLACES. SO WHAT YOU DIDN'T SEE BEHIND THE 75 WORDS IS WE ASKED NEW QUESTIONS AFTER SEVERAL OF THOSE OF WHAT YOU KNOW, WHAT THEY MAY LIKE TO SEE AND JUST SOME OF THE OBSERVATIONS THE [04:15:01] ONE LOOKS LIKE THE PARKS ONE PULLS THE BEST WHEN YOU TAKE THE WORD HOMELESS OUT BUT THEN WHEN WE ASK ALL THE TRAILING QUESTIONS HOMELESS ACTUALLY PULLS THE EXACT HIGHEST SO. >> SOME OF THOSE RESULTS ARE NOT CONSISTENT WITH OUR OWN POLLSTERS ARE SAYING THROUGHOUT THE BAY AREA AND STATE THEY'RE NOT CONSISTENT WITH PPC SO WE NEED TO DO THAT ADDITIONAL WORK BUT RIGHT NOW HOW THAT 75 WORDS BOUNCES BETWEEN KIND OF CLEAN WATERWAYS HOMELESSNESS AND THEN ACTUAL PARKS WHICH WE HAVE A HUGE DEFICIT OF PARKS NEEDS THAT GOT TO DEAL WITH NEEDS TO GET SORTED OUT OVER THE SUMMER THAT'S POINT YEAH. >> THANKS FOR THAT CONTEXT. I THINK THERE'S DEFINITELY A LOT MORE TO LEARN. I WANTED TO MAKE THE DISTINCTION THAT IS A TWO THIRDS TAX THAT WOULD BE RESTRICTED TO SPECIFIC USES AS OPPOSED TO MEASURE E WHICH HAS A GENERAL TAX WITH A SIMPLE MAJORITY OF 50%. WE ACTUALLY LEGALLY CAN'T RESTRICT THE COUNCIL HAVE A POLICY EACH YEAR TO SAY HERE'S HOW WE WANT TO SPEND THIS BUT IT'S A GENERAL FUND. >> OKAY. LET'S GO TO COUNCILMEMBER COHEN NEXT. >> YEAH, THANK YOU. I I'M A BIG SUPPORTER OF GOING OUT TO VOTERS TO TRYING TO GET DEDICATED FUNDING FOR OUR PARKS BUT I'M ALSO VERY NERVOUS ABOUT THIS YEAR'S ELECTION CYCLE. SO I WANT TO DO THIS RIGHT AND WE HAVE TO MAKE SURE THAT IT PASSES IF WE DO IT. SO THAT'S WHY THIS IS A THIS IS NOT AN EASY DECISION. AND WHILE I THINK WE ALL WOULD LIKE TO MAKE TO THINK THAT COULD GET THIS PASSED, WE HAVE TO MAKE SURE THAT IT'S, YOU KNOW, GOING TO PASS IF WE PUT THE RESOURCES INTO IT. I'M A LITTLE ALSO A LITTLE BIT CONCERNED ABOUT CANNIBALIZATION ON THIS YEAR'S BALLOT. I DON'T I THINK IN A VACUUM DOING A POLL PEOPLE WILL SAY THIS SOUNDS GOOD BUT IF THERE'S A WHOLE NUMBER OF REVENUE MEASURES ON THE BALLOT THAT'S WHERE WE RUN INTO A RISK. WE DID HAVE A LONG CONVERSATION ABOUT SUPPORTING THE BAY AREA HOUSING BOND A COUPLE OF WEEKS AGO AND YOU KNOW I KNOW THAT THAT'S REALLY IMPORTANT FOR US. >> AND BY THE WAY, IF THAT WERE TO PASS IN SOME SENSE I THINK WOULD REDUCE THE NEED FOR FOR OTHER LOCAL DEDICATED TAXES FOR THAT PURPOSE MEAN WE WOULD BE TALKING ABOUT BILLIONS OF DOLLARS THAT I THINK WOULD BE THE GAME CHANGER WE'RE LOOKING FOR BUT I'M VERY CONCERNED ABOUT PUTTING SOMETHING ON BALLOT HERE THAT REDUCES SUPPORT FOR SOMETHING ELSE THAT WE REALLY NEED. SO I THINK HAVE TO BE THOUGHTFUL ABOUT WHAT THE EFFECT AND I KNOW HOW TO MEASURE THAT AND HOW TO POLL FOR THAT BUT I WANT US TO KIND OF SEE SEE IF WE CAN GAUGE FROM THE VOTERS WHAT THE ENTIRE LANDSCAPE OF THE BALLOT LOOKS LIKE AND NOT JUST WHAT THIS MEASURE LOOKS LIKE BECAUSE A VOTER MIGHT SAY YEAH I SUPPORT THE PARKS BOND IF THEY DO AND THEN THEY VOTE NO ON THE REGIONAL HOUSING BOND. I THINK WE WOULDN'T BE VERY HAPPY IF THEY DO AND THEY VOTE NO ON BOTH BECAUSE OH THERE'S THREE DIFFERENT THINGS OR FOUR DIFFERENT THINGS ON THE BALLOT AND I WANT TO POINT OUT THERE'S GOING BE A BAY AREA HOUSING REGIONAL HOUSING BOND. THERE'S GOING TO BE A STATE CLIMATE BOND. THERE'S ALSO LIKELY BE AN EDUCATION BOND FROM THE STATE AND THEN THIS LOCAL THIS AND MAYBE OTHER LOCAL MEASURES IN LOCAL JURISDICTIONS. AND WHILE I THINK AN INDIVIDUAL BASIS MIGHT SUPPORT ALL OF THOSE IF, NONE OF THEM PASS. WE DON'T WE NOTHING GOOD HAPPENS AS A RESULT. SO I JUST US TO THINK ABOUT THAT AS WE THINK IN THE NEXT SIX WEEKS ABOUT WHETHER WE GO FORWARD I KNOW IF YOU HAVE ANY THOUGHTS ABOUT THAT YEAH THERE'S THERE'S REALLY NOT A PERFECT WAY TO MEASURE BALLOT FATIGUE OR VOTER FATIGUE WHEN IT COMES TO SURVEY METHODOLOGY. THERE'S A FEW DIFFERENT WAYS WE COULD SLICE IT TO TRY AND GET SOME TYPE OF INDICATION OBVIOUSLY AS GOING OUT AGAIN OR ANYONE GOING OUT AGAIN IS CLOSEST TO THE DEADLINE HAS POSSIBLE IN AUGUST SIX. >> IT GIVES US MORE VARIABLES OUR POLLSTER TO BE ABLE TO LOOK AT THE THE DATA AND GIVE US A BETTER PICTURE BUT WE CAN DEFINITELY LOOK AT HOW WE FRAME UP THE QUESTION EVEN BEFOREHAND AND LIKE A RECITAL OR PROVIDING MORE IN A POLL BUT AGAIN IT DOES NOT IT ISN'T A PERFECT SCIENCE AND THE RULE IS IF THERE ARE A OF MEASURES WHETHER IT'S FEDERAL, STATE OR LOCAL KIND OF AROUND SAME ISSUES THEY THEY START TO KIND OF BLEND TOGETHER, CONFUSE VOTERS AND SO WE DO TRY AND STAY AWAY FROM CONFUSION OF VOTERS THROUGH THIS PROCESS AND THAT'S WHAT MAKES ME NERVOUS OBVIOUSLY THAT'S WHY I SAID THAT WHAT DOES IT COST US TO PUT THAT MEASURE ON THE BALLOT THIS DO IT DO WE HAVE AN APPROXIMATE IDEA? THANK YOU FOR THE QUESTION. OUR CITY CLERK DID LOOK INTO THIS QUESTION. I THINK THE COST ESTIMATE WAS ABOUT MILLION. >> YES. SO YOU KNOW, GOING TO PUT $2 MILLION THAT WE HAVE TO FIND IN OUR GENERAL FUND TO DO THIS. SO THAT'S ANOTHER WHY WE HAVE TO BE CONFIDENT THAT WE WILL GET TO PASS THIS IS WE'RE GOING TO HAVE MULTIPLE BITES AT THE APPLE. WE'RE DON'T WANT TO DO IT THIS YEAR, HAVE IT FAIL AND GO BACK IN TWO YEARS. WE WANT TO BE SURE IT'S THE RIGHT TIME TO HAVE IT PASSED. SO I JUST WANT US TO ALL BE THOUGHTFUL ABOUT THAT. >> I ALSO JUST WANT TO RAISE A QUESTION OF MINE ABOUT WHETHER THE VOTERS TRULY UNDERSTAND THE MAGNITUDE OF THIS AS THEY'RE PULLED ON IT. THE MEASURE WOULD BE $0.01 [04:20:02] AT LEAST THE LATEST POLLING THAT WE'RE DOING IS ON A ON A MEASURE THAT WOULD BE $0.01 PER PARCEL SIZE FOOTAGE. IS THAT IS THAT THE CORRECT AMOUNT THAT WE'RE TALKING ABOUT ? SO FOR THE AVERAGE PARCEL SIZE IN FOR THE AVERAGE HOMEOWNER HOME SIZE WE'RE TALKING ABOUT A RANGE OF 50 TO $70 A YEAR. >> IS THAT ABOUT RIGHT? >> YEAH, WE COMPUTED THE AVERAGE TO BE $69.60 $9 AVERAGE. OKAY SO I, I DON'T KNOW HOW TO GAUGE THIS WELL BUT I HAVE A FEELING THAT WHEN VOTERS ARE ASKED THE QUESTION HEY, DO YOU SUPPORT THIS THEY DON'T QUICKLY KNOW HOW TO DO THE MATH IN THEIR HEAD OR THINKING ABOUT HOW MUCH IT REALLY IS. I WOULD LIKE TO KNOW IF THERE'S A WAY TO FIGURE OUT WHETHER MAYBE IN THE FOLLOW UP QUESTIONS OR SOME WAY TO SAY IF YOU KNEW THAT THIS MEANT X DOLLARS WOULD YOU BE MORE OR LESS LIKELY TO SUPPORT IT BECAUSE I DON'T KNOW THAT PEOPLE WILL QUICKLY WHEN ASKED WHAT DO YOU THINK ABOUT $0.01 PER SQUARE FOOT PARCEL THAT MIGHT OVERESTIMATE BY A LOT BUT 60 $70 A YEAR IS YOU KNOW SOMETHING THAT PEOPLE MIGHT SAY OH THAT'S NOT MUCH ON MY TOWN COUNCIL MEMBER IN THE SURVEY WE ACTUALLY DID A NUMBER OF INTERIM TESTS SO THE INITIAL TEST PROVIDED THEM WITH THE LANGUAGE THAT YOU SAW THEN NARROWED IN ON THE $0.01 TO BETTER UNDERSTAND THE SENSITIVITY TO THE TAX RATE AND THEN THERE WAS ANOTHER INTERIM TEST WHERE WE DID THE MATH FOR THEM AND PROVIDED THEM AN AVERAGE OKAY THAT TO THAT'S JUST IMPORTANT THING THAT WE SHOULD MAKE SURE WE HAVE AS PART OF IT. OKAY THANK YOU I'M SUPPORTIVE OF MOVING FORWARD OBVIOUSLY WITH THIS POLL AND I WANT TO JUST AS TO BE REALLY THOUGHTFUL AND REALLY SMART ABOUT HOW WE MOVE FORWARD. >> THANK YOU. YEAH I TOTALLY AGREE. I THINK THOSE ARE INSIGHTFUL COMMENTS BECAUSE FOR FOLEY THANK YOU THANK YOU FOR YOUR PRESENTATION THE POLLING RESULTS AND IT LOOKS HOPEFUL BUT I WANT FOLLOW UP ON THE QUESTION ABOUT THE COST TO THE PROPERTY OWNER. >> FIRST OF ALL IN YOUR POLL HOW MANY ARE PROPERTY OWNERS? DO YOU HAVE A A GAUGE OF THAT AND WHILE 70 DOLLARS $69 ISN'T A LOT OF MONEY BUT WHEN YOU CALL IF YOU CALLED ME UP AND SAID I'M WE'RE CONSIDERING A PARCEL TAX FOR THE FOR THE PARKS $0.01 PER WHAT WAS THE TERMINOLOGY YOU USED PROPERTY I WOULDN'T KNOW WHETHER YOU'RE TALKING ABOUT SIZE OR THE SIZE OF MY HOME WHICH IS A BIG DIFFERENCE. >> SO WHEN THE POLLING QUESTION WAS ASKED WERE YOU USE WAS THE SPECIFIC QUESTION SIZE OR WAS IT SIZE OF YOUR HOME BECAUSE THERE'S A BIG DIFFERENCE 10,000 SQUARE FOOT LOT 2500 SQUARE FOOT HOUSE $25 100 BUCKS. >> THANK YOU FOR THE QUESTION THAT'S THE EASY MATH BECAUSE I CAN DO $0.01 OF A REAL SIMPLE NUMBER SO LANGUAGE SPECIFICALLY SAID $0.01 PER SQUARE FOOT OF RESIDENTIAL PROPERTY OKAY TO ME THAT'S NOT CLEAR IF IF YOU'RE WHEN YOU DO POLL THIS AGAIN PLEASE BE REALLY SPECIFIC THAT THIS IS 1% OF YOUR LOT SIZE YOUR PARCEL HOWEVER WANT AND I'D SAY LOT SIZE AND PARCEL WILL USE THOSE TERMS INTERCHANGEABLY BECAUSE WHEN I FIRST HEARD IT I THOUGHT OH IS THE SIZE OF MY HOUSE IS IT THE SIZE OF MY HOUSE AND GARAGE? >> I DON'T KNOW SO LOT SIZE MAKES SENSE BUT YOU NEED TO BE REALLY CLEAR ABOUT THAT ALSO WHEN WE'RE ASKING THE QUESTION. I AGREE WITH COUNCILMEMBER ORTIZ THAT WE ALL DESERVE HIGH QUALITY PARKS WE ALL DESERVE CLEAN WELL-MAINTAINED SAFE PARKS EVERY ONE OF OUR DISTRICTS AND A LOT OF US DON'T HAVE A LOT OF DEVELOPMENTS WE DON'T HAVE A LOT OF PARKS FUNDS COMING IN AND THEY GET USED WHICH IS GREAT. WE WANT OUR RESIDENTS TO USE OUR PARKS, LOVE OUR PARKS SO WE NEED TO MAKE SURE THAT WE HAVE CLEAN BATHROOMS, BATHROOMS, PICKLEBALL COURTS WHEREVER WE CAN GET THEM TENNIS COURTS LIGHTING EVERYTHING BUT WE ALSO NEED TO PAY FOR THEM. SO I THINK I THINK THE THRESHOLD OR MY CONCERN IS THAT WHEN WE'RE OUT POLLING WE'RE REALLY LOOKING AT PARKS FUNDS BECAUSE THE MAINTENANCE OF THESE PARKS THAT ARE SO CRITICAL AND WHEN WE CONFUSE THE ISSUE WHEN WE'RE CALLING AND SAYING OKAY, PART OF THIS IS COULD BE USED FOR HOMELESSNESS OR GRAFFITI PREVENTION OR GRAFFITI CLEANUP OR TRASH PICKUP, IT TAKES AWAY THE STRENGTH OF THE MESSAGE OF SUPPORTING PARKS WHICH IS WHAT MANY OF US WANT TO SEE OUR RESIDENTS TO SEE STRONGER OR [04:25:01] BETTER WELL-MAINTAINED PARKS AND I KNOW THE PARKS ADVOCATES SOME OF THEM ARE HERE IN PARTICULAR WANT TO MAKE SURE THAT WE FOCUS ON THE PARKS AND LESS SO ON THE HOMELESS COMPONENT. SO I'D WANT TO MAKE SURE THAT IN ANY BALLOT LANGUAGE WE REALLY MAKE SURE THAT WE'RE ALLOCATED THE MAJORITY OF THE FUNDS FRANKLY TO OUR PARKS BECAUSE THEY ARE WE ALREADY KNOW THE BACKLOG IN IN PARKS IS WHAT JOHN HOW MUCH IS THE MAINTENANCE BACKLOG IN PARKS WE HAVE AN INFRASTRUCTURE BACKLOG OVER A HALF A BILLION DID YOU SAY HALF A BILLION? >> THAT'S A B, YES OKAY, SO SEE THAT THANK YOU FOR PROVING MY POINT THE OUR RESIDENTS REALLY WANT US TO TAKE CARE OF OUR PARKS SO I REALLY WANT TO SEE SOME POLLING THAT GETS TO THE MAINTENANCE OF THE PARK AND THE PARKS THEMSELVES HOW IMPORTANT THEY ARE AND JUST CLEAN UP THE LANGUAGE OR TIGHTEN NOT CLEAN UP TIGHTEN UP THE LANGUAGE SO PEOPLE UNDERSTAND EXACTLY WHAT WE'RE PULLING. IT'S NOT A LOT OF MONEY BUT IT IS IF I'M THINKING HOW CLOSE TO MY HOUSE AND THEN I GET A BILL FOR 100 BUCKS VERSUS $25, I'M GOING TO BE A LITTLE BIT FRUSTRATED. THINK PARKS ARE AN EASY SELL. I'M NOT SURE A PARCEL TAX FOR HOMELESS SERVICES OR TRASH PICKUP ISN'T EASY SELL PARKS ARE AND I'D LIKE TO ENCOURAGE US WHEN WE GET CLOSE WHEN THIS PASSES THAT WE RECONVENE OUR PARK ADVOCATE TO HELP US FIGURE OUT THE BEST WAY OF ALLOCATE THESE FUNDS AND UTILIZING THEM IN OUR VARIOUS DISTRICTS SO WITH THAT I WILL I WILL CLOSE TO THAT I'M HAPPY TO SUPPORT THE THE MOTION ON THE FLOOR THANKS COUNCILMEMBER FOR A CONDOLENCE THANK YOU KNOW I APPRECIATE STAFF'S PRESENTATION AND ESPECIALLY THE QUICK TURNAROUND FROM FEELING PULLED AND BRINGING IT BACK TO COUNCIL AS I'VE STATED MANY TIMES AND YOU ALL HAVE HEARD ME WHETHER IT'S NSC OR IN MY OFFICE ON THE IMPORTANCE OF OF PARKS NOT JUST FOR FOR RESIDENTS IN MY DISTRICT AND OUR CITY BUT OVERALL FOR FOR THE COMMUNITY. I THINK YOU KNOW, LIKE COUNCILMEMBER FOLEY, I TOO AM DEEPLY CONCERNED THAT MAINTENANCE BACKLOG THAT THAT IS YOU KNOW PLAGUING OUR OUR ADMINISTRATION, OUR CITY FRANKLY AND I GUESS YOU KNOW, IT'S IMPORTANT TO RECOGNIZE THAT YES, WE ARE TRYING TO DO THE BEST WE CAN WITH WHAT WE HAVE BUT WE DON'T HAVE ENOUGH AND THAT EXPECTATION THAT RESIDENTS HAVE AND THE SERVICES THAT WE'RE ABLE TO PROVIDE AND AND THAT THERE'S HUGE GAP TO THAT AND I THINK THAT'S IMPORTANT TO RECOGNIZE. >> SO I'M HOPEFUL AND OPTIMISTIC WITH WITH WHAT WE'RE SEEING SO FAR WITH TRYING TO TRYING TO FIND A CREATIVE FUNDING MECHANISM UM YOU KNOW ALTHOUGH YOU KNOW IT'S ANY TIME WE ASK THE VOTERS OR ASK RESIDENTS TO PAY A LITTLE BIT MORE YOU IT'S IT'S A FINE BALANCE JUST BECAUSE OF THE HIGH COST OF LIVING THAT HAVE AND AND IT'S IT'S DEFINITELY SOMETHING THAT WE HAVE TO BE MINDFUL AS WE WE MOVE FORWARD BUT I THINK THIS IS A STRONG OPPORTUNITY FOR US TO MAKE A LASTING IMPACT IN OUR CITY. I GOT A FOR STAFF WITH REGARDS TO STAKEHOLDER ENGAGEMENT IN THE NEXT MONTH WHILE WE COME BACK DEPENDING ON HOW THE VOTES SHAKE OUT BUT I CAN COUNT TO FIVE TODAY BUT WHAT KIND OF STAKEHOLDER ENGAGEMENT ARE WE DOING WITH REGARDS TO PARKS ADVOCATES FOLKS FROM CHAMBER FROM THE SAN JOSE CHAMBER, FROM LABOR WHAT KIND OF FEEDBACK ARE WE GETTING AS DEVELOP A POTENTIAL PULL THAT'S GOING TO IMPACT EVERYBODY IN OUR COMMUNITY? I DON'T DON'T I'LL JUMP JUMP IN AT ONCE NOW YEAH SO WE DON'T WE DON'T HAVE A SPECIFIC ENGAGEMENT PLAN FOR THE SUMMER WE DID ANTICIPATE EIGHT MEETING SO WE HAVE A VARIETY OF PARTNERS THAT WE WOULD HOPE AND IN FACT YOU PROBABLY GOT LETTERS FROM MOST OF THEM WOULD SUPPORT THIS AND INTO COUNCILMEMBER FOLEY'S POINT HOPEFULLY THAT WOULD GET TOGETHER AND HELP LEAD THE CHARGE BUT WE HAVEN'T TAKEN SPECIFIC FROM THEM OTHER THAN THROUGH TRADITIONAL METHODS LIKE PARKS AND REC COMMISSION, YOU KNOW PUBLIC MEETINGS LIKE IN SC ETC. SO WE HAVEN'T SET MEETINGS AROUND THE POLLING OR THE RESULTS OF THE POLLING. >> OKAY. YOU KNOW I WOULD YOU KNOW, I WOULD ASK FOR A FRIENDLY AMENDMENT IN THE IN THE MOTION IF WE CAN DIRECT STAFF TO ENGAGE WITH STAKEHOLDER GROUPS AS WE UP AT LEAST ONCE OR TWICE OUT OF THE MEETING THE NUMBER OF MEETINGS IS UP TO YOU. BUT I THINK IT'S IMPORTANT TO HAVE FEEDBACK AS WE DEVELOP THIS LANGUAGE AND AS WE GO THROUGH THIS OR I'M OPEN TO FEEDBACK BUT HAVING DOING IT BEFORE NOT AFTER INCREASES THE THE THE GENUINE ENGAGEMENT THE GENUINE PARTICIPATION OF FOLKS [04:30:04] TO MAKE US TO HAVE THIS THIS THIS EXCITEMENT AS WE POTENTIALLY EARLY MAY GO TO THE VOTERS AND WE MAY HAVE TO BUILD THIS COALITION IN THE FALL YEAH SO IF I CAN JUMP IN I DO THINK SEPARATE FROM WHETHER WE DECIDE TO GO FORWARD IN THIS YEAR AND WHATEVER THE POLLING THIS IS WORK THAT JOHN AND HIS TEAM SHOULD BE DOING WITH THE ADVOCATES ON A ROUTINE BASIS I WOULD SAY JOHN AND TEAM WERE VERY AGGRESSIVE AROUND THIS WORK PRIOR TO COVID WE OBVIOUSLY USE JOHN AND HIS ENTIRE DEPARTMENT TO DO 500 OTHER THINGS COVID AND SO THIS KIND OF WENT BY THE WAYSIDE. I WOULD CAUTION US ON THE CREATION OF A 75 WORD STATEMENT AND BALLOT MEASURE DESIGNING IT BY COMMITTEE BECAUSE WHAT WE'RE TESTING ISN'T BASED OFF OF NEED, IT'S REALLY BASED OFF OF POLITICAL VIABILITY AND THAT'S WHY WE GO OUT AND DO THE VOTING THE POLLING YOU KNOW THE WE DEFINITELY ARE NOT TRYING TO CONFUSE VOTERS IN THIS FIRST POLL BY ASKING QUESTIONS OF TRASH AND HOMELESSNESS THAT'S BASED OFF OF US HAVING GONE OUT THREE TIMES PRIOR AND A PARCEL TAX THAT REQUIRES 66% NOT EVEN GETTING 48% WHEN WE'VE GONE OUT AND POLLED PREVIOUSLY. SO WE'RE TO STRIKE A BALANCE BETWEEN WHAT THE CITY'S NEEDS ARE AROUND PARKS WHICH ARE HUGE AND IMMENSE AND IMPORTANT. RIGHT. BUT ALSO WHAT THE VIABILITY IS. RIGHT? RIGHT. NO AND I'M ALSO MINDFUL OF HAVING COOKS TOO MANY COOKS IN KITCHEN. I GET THAT. BUT I THINK THE BETTER ENGAGEMENT WE DO WITH WITH OUR KEY STAKEHOLDERS AND I LEAVE A BROADLY DEFINED THE LESS OPPOSITION WE'RE GOING TO HAVE AND THE MORE BY AND WE'RE GOING TO HAVE FROM FOLKS ONE WANTS ONCE THE CALL TO ACTION COMES IN AND WANTS TO FORMALIZE EXTERNAL CAMPAIGN IF YOU WILL IS STOOD UP SO I I WILL LEAVE THAT TO STAFF TO OUT BUT BUT I THINK I THINK I THINK IT WOULD BE HELPFUL FOR FOR US AS WE'RE THINKING ABOUT HEY WHAT WHAT WHAT IS THIS GOING TO LOOK LIKE AND HOW ARE WE GOING TO MAINTAIN THAT COMMUNITY BUY IN AND THAT THAT THAT STAKEHOLDER BUY IN WHILE WE DO THIS? THANK YOU. YEAH I THINK IT'S GOOD FEEDBACK FOR STAFF. I DO JUST WANT TO MAKE SURE THAT WE GIVE STAFF THE FLEXIBILITY DURING THE SUMMER MONTHS WHERE I KNOW FOLKS ARE TRAVELING IT CAN BE HARDER TO POLL TO JUST SURE THEY'RE ABLE TO COME BACK TO US AT OUR LAST POSSIBLE MOMENT WHICH IS ACTUALLY OUR FIRST MEETING BACK FIRST WEEK OF AUGUST IN A POSITION TO HELP US MAKE A DECISION ABOUT NOVEMBER. I JUST WANT TO MAKE SURE WE DON'T GET IN THE WAY THAT BUT VERY MUCH AGREE ON THE POINT ABOUT ENGAGE AND STAKEHOLDERS THROUGHOUT ALONG THE WAY BECAUSE ULTIMATELY TO GET TO THAT TWO THIRDS WE'RE GONNA NEED A LOT OF STAKEHOLDER SUPPORT RIGHT AND I GUESS THE THE THE BIG PICTURE IS COME AUGUST SIX OR WHENEVER WE RECONVENE YOU KNOW WHAT I DON'T WANT TO SEE IS WHAT WE COME COME TO US AS A COUNCIL A STAFF STAFF BRINGS TO COUNCIL IS A SURPRISE A LOT OF THESE FOLKS THAT WE'RE GOING TO BE REACHING OUT TO IN THE FALL SAYING YOU KNOW CONCERNS WHERE CONVERSATIONS WERE HAD LEADING UP TO CONVERSATION. >> THAT'S ALL THAT WAS MY INTENTION IT'S GOOD POINT. >> THANK YOU COUNCILMEMBER BECAUSE WE'RE ABOUT TO THANK YOU FOR THAT REPORT ON THE POLLING THE COUPLE OF FOR YOU BEFORE I GET INTO MY COMMENT YOU MENTIONED ONE SENATOR ROBERSON PER SQUARE FOOT OF THE LARGE SIZE AFTER CLARIFICATION WITH COUNCILMEMBER PAM FOLEY HOW DO YOU HANDLE THE APARTMENT BUILDINGS OR THE DUPLEXES TRIPLEX WHATEVER WOULD NEED TO SITUATION WITH THOSE YES THANK YOU COUNCILMEMBER UM IN LANGUAGE THAT YOU SAW TODAY, UH, WE DON'T TREAT MULTIFAMILY PARCELS ANY DIFFERENTLY SO IT'S IT'S JUST A STREET $0.01 PER SQUARE FOOT NO MATTER WHAT THE PARCEL TYPE IS IN YOU KNOW IN FOR POTENTIALLY GOING AND PULLING AGAIN IF SO DIRECTED BY THE WE HAVE ENGAGED A CONSULTANT TO ANALYZE A NUMBER OF DIFFERENT MODELS AND WE KNOW THAT THE CITY CURRENTLY HAS A LIBRARY PARCEL TAX WHICH CHARGES FOR MULTIFAMILY PARCELS PARTICULAR A RATE PER UNIT A FLAT RATE PER UNIT WHILE OTHER PARCELS FOR EXAMPLE INDUSTRIAL PARCELS WOULD BE CHARGED PER SQUARE FOOT. >> SO WE HAVE ASKED A CONSULTANT TO ANALYZE THAT POSSIBILITY. IT WOULD BE A SOMEWHAT MORE COMPLICATED RATE STRUCTURE IN CONSIDERING WHAT WE'LL PULL ON OVER THE SUMMER IF DIRECTED TO DO SO. THAT'S SOMETHING WE WOULD WE [04:35:01] WOULD TAKE A LOOK AT. >> THANK YOU, SHE RECALLED LIZA'S NEW REVENUES. >> BUT I RESOURCES ARE STILL THE SAME. IT IS THE PARCEL. WE HAVE PEOPLE RETIREES WHO ARE LIVING ON FIXED INCOME AND COUNCILMEMBER DWAYNE WEEK SHOWED YOU ONE OF THE PROPERTY TAX RECEIPTS OR THE BILLS HAD PENALTY OVER THERE. SO I DON'T KNOW HOW RECEPTIVE OUR PEOPLE ARE WHETHER YOU CALL IT A HALF CENT OR NOT HAVING ANOTHER LINE ITEM THERE TO BE ABLE TO CALL IT A PARCEL OR TAX BECAUSE PEOPLE ARE GETTING THE SOURCES OF REVENUE ARE GOING TO BE WHEN WE MAKE THE CITY A VIBRANT CITY WE ATTRACT MORE BUSINESS. WE FOCUS THAT AREA, WE GENERATE MORE JOBS, WE GENERATE MORE TAXES GOING AFTER THE PROPERTY OWNERS I THINK IS LIMITED RESOURCE AND I THINK WE HAVE GONE AFTER THEM THAT WE SHOULD BE FOCUSING MORE OF OUR $2 MILLION ON A BALLOT FOCUSED THAT ON INCENTIVES TO THE NEW BUSINESSES WHO ARE COMING HERE INSTEAD USING THAT. SO I PERSONALLY DO NOT SEE OUR DISTRICT EVEN THOUGH IT'S ONE OF THE AFFLUENT DISTRICTS BEING TOO EXCITED ABOUT HAVING ANOTHER PERSON TAX ITEM IT AND THE SECOND PART WHICH YOU DO NOT POLL ON IS HOW YOU'RE GOING TO DISTRIBUTE THE MONEY YOU COLLECT BECAUSE IF YOU COLLECT ALL THIS MONEY AND WITH OUR METHODS OF DISTRIBUTION IF ONLY 10% OF THAT MONEY COMES OUT TO THE DISTRICT, OUR PEOPLE ARE NOT GOING TO BE A HAPPY PEOPLE BECAUSE THEIR POCKETS ARE STILL NOT GOING TO GET MAINTAINED AND WE DON'T WHAT THE DISTRIBUTION MECHANISM IS GOING TO BE IF YOU REALLY WANT TO GET A REALISTIC PICTURE ON IT, WE ALSO NEED TO KNOW ON SIX OF AUGUST WHAT IS GOING TO BE THE DISTRIBUTE AND MECHANISM IN TERMS OF THE POWER, THE PERCENTAGES OR WHATEVER OR HOW WOULD YOU DISTRIBUTE IT BACK TO THE MONEY BECAUSE OTHERWISE THIS DISTRICT AND MY MY ANECDOTAL POLLING THEY DON'T TO BE EXCITED ABOUT ANY OF THESE PARCEL TAX WHETHER YOU CALL IT A PARK TAX OR YOU'RE TALKING FOR ANY OTHER PURPOSE THEY THEY CONSIDER A THAT THEY REACHED THEIR ON IT THEY'RE RATHER NOT SEE THERE ARE MANY OF THEM ARE SUPPORTING THAT THE THRESHOLD DOES NOT GET REDUCED SO THAT BECOMES DIFFICULT FOR US TO RAISE THESE KIND OF MONIES OKAY SO IF YOU GOING TO COME BACK WITH ANYTHING PLEASE DO COME BACK WITH THE DISTRIBUTION MECHANISM. WHAT WE ARE GOING TO BE PROPOSING AND THAT WAY WE CAN TEST WHETHER THE PEOPLE WILL BE WILLING TO GO MARK HAS SOME POTENTIAL BUT ONLY IF HAVE A COMFORTABLE DISTRIBUTION MECHANISM. OKAY WOULD YOU BE ABLE COME BACK WITH SOME KIND OF A DISTRIBUTION MECHANISM? >> COUNCILMEMBER WOULD SAY I DON'T BELIEVE STAFF WOULD BE ABLE TO DO THAT BY AUGUST SIX. >> THE THE PURPOSE OF GOING BACK OUT OVER THE SUMMER IS TO PULL VOTER VIABILITY OF WHAT SERVICES SO WE DON'T EVEN KNOW WHAT SERVICES WOULD BE INCLUDED. WE'RE GOING TO TEST QUESTION BUT THAT QUESTION THAT WE TEST OVER THE SUMMER IF IT IF WE DID BELIEVE THERE WAS A POSSIBILITY OF THIS PASSING AND RECOMMEND THAT YOU GUYS MOVE FORWARD ON AUGUST SIX, WE'D BE TINKERING WITH THAT LANGUAGE IN THE ACTUAL SERVICES UP UNTIL KIND OF THE MINUTE OF YOU KNOW, BASED OFF OF INTELLIGENCE LIKE COUNCILMEMBER COHEN SUGGESTED WHAT WAS ON THE BALLOT OR ANYTHING ELSE. SO I YOU KNOW, THE SAME COUNCILMEMBER ORTIZ'S POINT DO THINK US BEING ABLE TO EXPRESS TO VOTERS WHAT THIS MONEY WOULD BE USED FOR AND HOW IT WOULD BE USED IS GOING TO BE IMPORTANT BUT THAT WON'T BE ABLE TO BE DONE BY AUGUST SIX, NO? >> YEAH, I THINK I CAN TELL YOU FROM INFORMAL WORK IF WE DON'T HAVE MECHANISM AVAILABLE TO US THE POTENTIAL OF THAT DISTRICT BEING IN FAVOR OF DOING ANOTHER PROJECT OR TAX WOULD BE VERY, VERY UNLIKELY IF THEY DON'T KNOW THAT. >> OKAY SO AS A RESULT IF WE WANT TO BE ABLE TO MAKE IT PLEASE COME BACK WITH WHATEVER INFORMATION YOU CAN COME BACK THE DISTRIBUTION, THE POTENTIAL, THE PARK AREA IS HIGH COMPARED TO ANYTHING ELSE BUT ONLY IF WE KNOW THE FAIR DISTRIBUTION. >> OKAY. >> ALL RIGHT. THANK YOU, COUNCILMEMBER VICE AMERICAN MAN THANK YOU. I'D LIKE TO THANK FOR BRINGING THIS FORWARD. I DO BELIEVE THAT WE HAVE A HUGE BACKLOG IN IN PARKS AND YOU KNOW, WE DEFINITELY NEED TO [04:40:07] FIGURE OUT A WAY TO ASSIST PROVIDE REVENUE FOR PARKS TO BE ABLE TO WHITTLE AWAY AT THAT BACKLOG AND YOU KNOW, I AGREE WITH COUNCILMEMBER COHEN. YOU KNOW THERE'S GOING TO BE A LOT OF COMPETING INTERESTS ON THE NOVEMBER BALLOT. SO I'M A LITTLE BIT CONCERNED ABOUT TAX FATIGUE AND YOU KNOW, I THINK THAT IF THERE ARE A LOT OF DIFFERENT MEASURES ON THE BALLOT WHETHER IT'S A BOND, A PARCEL TAX, SALES TAX, WHATEVER IT IS, I THINK MOST VOTERS SEE IT ALL AS HEY, YOU KNOW, YOU'RE GOING INTO MY WALLET AND AND I THINK THAT IT'S DIFFICULT WHEN THERE ARE MULTIPLE ITEMS ON ON THE BALLOT. >> SO SO I AM CONCERNED ABOUT THAT. I DO THINK THAT YOU WHEN YOU COME BACK WITH INFORMATION DEMONSTRATING WHAT THE UPSIDE AND DOWNSIDES ARE, YOU KNOW, IN TERMS OF THE AREAS YOU KNOW, I CAN SEE BOND MEASURE AND PARCEL TAX I THINK SALES TAX YOU KNOW, SANTA CLARA HAS ALWAYS BEEN VERY GOOD ABOUT TAXING THEMSELVES BUT. I ALSO THINK THAT WE HAVE LIMITATIONS ON SALES TAX SO THINK THAT THAT MAY BE A LITTLE BIT LIMITING AND AND I KNOW THAT YOU KNOW GIVEN THAT THERE ARE DIFFERENT TECHNIQUES CAN BE USED LIKE A A SENIOR EXEMPTION THERE ARE THINGS THAT WORK TO ENCOURAGE THE COMMUNITY TO MOVE FORWARD WITH SOME OF THESE REVENUE OPTIONS SO I, I JUST WANTED TO SHARE WITH YOU WHAT WHEN I HEAR FROM THE COMMUNITY IN TERMS OF WHAT THEY SEE THAT'S NEEDED IN PARKS IT'S MORE WHAT'S DEMONSTRATED IN WHAT YOU HAVE IN THE BOX THAT SAYS B IT'S GENERALLY THAT YOU KNOW KEEPS PARKS PLAYGROUNDS TRAILS RESTROOMS RECREATION FACILITIES YOU KNOW THAT THAT TYPE OF THING IS WHAT IS MORE NORMALLY AT LEAST WHEN PEOPLE TALK TO ME ABOUT IT RELATED TO PARKS AND WHAT NEEDED FOR PARKS AS OPPOSED TO REMOVING HOMELESS ENCAMPMENTS AND THINGS LIKE THAT. IT'D BE INTERESTING TO SEE, YOU KNOW, IN TERMS OF WHAT THE POLLING SHOWS RIGHT, BECAUSE I DO KNOW THAT THERE ARE THE UNHOUSED WHO ARE IN OUR PARKS AND I KNOW THAT YOU KNOW, I'VE GOTTEN PLENTY OF COMPLAINTS AS HAVE MY COLLEAGUES THAT HEY WHAT ARE THEY DOING IN THE PARKS RIGHT SO I, I DO THAT YOU KNOW THAT HAS TO BE ADDRESSED. HOWEVER WHEN I'M THINKING ABOUT, YOU KNOW, A PARCEL TAX OR SOMETHING FOR PARKS IT'S USUALLY THE RECREATIONAL OR NATURE WILDLIFE TRAILS, THINGS LIKE THAT. SO THANK YOU SO MUCH FOR YOU KNOW PURSUING THIS IT'S GOING TO BE TRICKY. >> IT MAY NOT BE FOR NOVEMBER DEPENDING ON WHAT ELSE IS ON THE BALLOT BUT BUT I DO THINK IT'S WORTH PURSUING AND TRYING TO TEASE OUT DETAILS. >> SO THANK YOU FOR THAT. THANK YOU. VICE MAYOR. COUNCILMEMBER ONE THANK YOU, MAYOR. THANK YOU STAFF FOR THE REPORT . IT DOESN'T MATTER HOW MUCH MONEY WE DUMP INTO PARKS IF WE DON'T SOLVE THE UNSHELTERED RESIDENTS YOU CAN MAKE IT LOOK NICE BUT THE FAMILY CAN'T USE IT BECAUSE OF NEEDLES, CONDOMS AND GARBAGE AND TENTS. FAMILIES CAN FEEL UNSAFE. THEY'RE NOT GOING TO GO OUT TO THE PARK TO PARKS TO ENJOY THEY'RE YOU KNOW, TRYING TO CREATE A HEALTHY LIFE. >> I JUST WANT TO EMPHASIZE THE FACT IS THIS SUPPORT THE EXPLORATION OF REVENUES AND IN MANY DIFFERENT WAYS TO HOW DO WE SUPPORT PARKS. >> WE'RE HALF A BILLION DOLLARS IN PARK MAINTENANCE WERE OVER $1,000,000,000 IN BUILDING MAINTENANCE BONDS THAT WE HAVEN'T PAID UP IN YEAR 2000. WE GOT NEW BONDS COMING AND WE GOT OUR GARBAGE OR RECYCLING RATE AND A POTABLE WATER RISEN AND I'M AFRAID HOW MUCH MORE CAN OUR RESIDENT, YOU KNOW, AFFORD THESE THESE TYPE OF TAXES? >> AND I JUST WANT TO MAKE SURE THAT I THE EXPLORATION BUT I DO NOT SUPPORT MORE TAXES AND I THINK WE HAVE TO TO BE VERY FISCALLY RESPONSIBLE WE KEEP ASKING FOR MORE AND MORE FOR MORE TAXPAYER AND IT IS ALMOST LIKE GENTRIFICATION. WE ARE FORCING PEOPLE OUT OF HERE BECAUSE THEY CAN'T AFFORD TO LIVE IN THIS PARTICULAR VALLEY ANYMORE AND AND I HOPE THAT WE WERE CAREFULLY LOOK AT THIS MEASURE [04:45:06] HOW DO WE MOVE FORWARD AND I APPRECIATE THAT COUNCILMEMBER GONZALEZ TALKED ABOUT GET ENGAGEMENT, YOU KNOW, BEFORE VERSUS AND I THINK IT SHOWS THAT WE WE WANT TO HEAR FROM OUR COMMUNITY NOT ONLY RESIDENTS BUT BUSINESSES AS WELL. >> SO WE DEFINITELY NEED BETTER DATA DATA IN ORDER TO TO MAKE OUR DECISION AND AND I ASK THAT WE AS AS AS LEADERS AND AS COUNCIL MEMBERS NOT TO KEEP ON PUTTING THE BURDEN OF TAXES ON TO OUR RESIDENTS. >> THANK YOU. THANK YOU, COUNCILMEMBER APPRECIATE THOSE COMMENTS AS WELL. OKAY. LOOKS LIKE WE'VE EXHAUSTED THE COUNCIL'S COMMENTS AND QUESTIONS, WE HAVE A MOTION WHICH IS TO ACCEPT THE STAFF RECOMMENDATION AND WE WILL SUBMIT IT PASSES HERE BACK IN EARLY AUGUST. >> TONI WHAT VOTE MOTION PASSES . >> GREAT. THANK YOU. WE ARE AND THANK YOU AGAIN TO STAFF. WE ARE ON TO ITEM 3.6. THIS IS A POTENTIAL CITY CHARTER AMENDMENT RELATED TO RETIREMENT BOARD CONTRACTING FOR LEGAL SERVICES AND APPOINTING AUTHORITY THE STAFF PRESENTATION. >> TONI DO WE HAVE PUBLIC COMMENT? >> I HAVE NO CARDS. OKAY. COMING BACK TO THE COUNCIL DO HAVE COMMENTS, QUESTIONS OR A MOTION COUNCIL HERE FOR YOU ALL . >> I'LL MOVE THE ITEM AND I ACTUALLY HAVE A QUESTION. GO. GREAT. THE MOTION IS SECOND. GO AHEAD. JUST A QUESTION ABOUT THE POSSIBLE BALLOT MEASURE AND THE COST PLEASE NOT PAYING ATTENTION SO I'M NOT SURE WHO'S PAYING ATTENTION TO THIS. >> OH, TONI. OKAY, TONI, IF WE PUT IT IN FRONT OF ME. >> OKAY, SO IF WE PUT MY QUESTION IF WE DO A STANDALONE BALLOT MEASURE FOR THE RETIREMENT BOARDS AND THEN WHAT IF WE DO TWO BALLOT MEASURES WITH THE PARCEL TAX AND, THE RETIREMENT BOARDS ARE THERE DIFFERENT COSTS? THERE ARE. THE FIRST CITYWIDE MEASURE IS TWO MILLION DOLLARS. >> THE ADDITIONAL ONE IS ABOUT 60,000 60,000. OH, SO OKAY. YEAH BECAUSE EACH SO I HAVE A ACTUALLY THAT'S INCORRECT BECAUSE I HAVE 60,000 PER DISTRICT SO IT WOULD BE PROBABLY 600,600 OR 600,000 THAT MAKES ME THINK GIVE ME A BREAK DOWN ON THE MEASURE THAT MAKES MORE SENSE. THAT'S NOT A TWO FOR ONE DEAL. >> OKAY. IT'S JUST TO KNOW IF WE IF WE DO PROCEED IN THAT DIRECTION. YEAH. THANK YOU. >> THAT'S ALL I HAD. ALL. THANK YOU, COUNCILMEMBER. I DON'T SEE ANY OTHER HANDS. >> TONI WHAT? VOTE. >> MOST MOTION PASSES 6 TO 3. I'M WAITING FOR THE VOTE TO GET SO I CAN ANNOUNCE WHO WAS THE VOTING NO. AND WITH TORRES AND CANDELA VOTING NO. >> OKAY, WE'RE ON TO ITEM 3.7 REPORT ON BIDS AND AWARD OF CONTRACT FOR CONSTRUCTION OF FIRE STATION TWO TO A PUBLIC COMMENT. >> WE HAVE NO CARDS FOR THIS ITEM. OKAY. COMING BACK TO THE COUNCIL COUNCILMEMBER DON I MOVE FOR APPROVAL TO HAVE A SECOND SECOND, SECOND FROM THE VICE MAYOR NOT SEEN NEAR THE OTHER REQUEST TO SPEAK. >> LET'S VOTE MOTION PASSES UNANIMOUSLY. >> THANK YOU. ITEM 3.8 REPORT ON BIDS AND AWARD OF CONTRACT FOR THE CHALKBOARD AREA STORM DRAIN IMPROVEMENTS ALSO A MEASURE PROJECT. >> DO WE HAVE ANY PUBLIC COMMENT? I HAVE NO CARDS. COME BACK TO THE COUNCIL MOTION OVER SECOND GRADE. THANK YOU. >> LET'S IN ANOTHER HANDS LET'S VOTE. >> MOTION PASSES UNANIMOUSLY. THANK YOU ON ITEM 3.9 ACTION RELATED TO THE SO THE AIRPORT TAXI WAY THIS IS A PHASE TWO PROJECT REBID DO WE HAVE ANY PUBLIC COMMENT? >> ROBERT PURDY. >> AFTERNOON. [04:50:19] I'M ROBERT PURDY. I'M HERE ON BEHALF OF VANGUARD CONSTRUCTION. THE LOW BIDDER THIS PROJECT. CITY STAFF IS RECOMMENDED TO AWARD TO THE SECOND BIDDER. THEY'VE CALLED OUR BID NON-COMPLIANT OF TWO ERRORS. THE FIRST ERROR WAS THE ORIGINAL PROPOSAL. THREE PAGE PROPOSAL PRINTED BY THE CITY HAD TO SPELLING ERRORS ON IT AND ONE PAGE NUMBER ERROR THEY ADDRESSED THROUGH AN ADDENDUM TO CHANGE THAT VANGUARD USED THE ORIGINAL PROPOSAL. EVERYTHING ELSE THAT PROPOSAL WAS IDENTICAL. IT WAS JUST CHANGING TWO WORDS AND THE PAGE NUMBERS FOR THIS. THE CITY STAFF HAS RECOMMENDED THAT OUR BID NON-RESPONSIVE. NOW THE CITY SPECIFICATIONS AND THE STANDARD SPECIFICATIONS AND THE PROJECT SPECIFICATIONS AND THE COURT OF APPEALS FOR THE STATE OF CALIFORNIA ALL SAY THAT THE CITY HAS THE RIGHT TO WAIVE. MINOR DISCREPANCIES AND WE'RE ASKING THAT THE CITY DO THAT. THE DIFFERENCE IS $589,000 MORE TO GO TO THE SECOND BIDDER. >> SO I'M ASKING YOU THAT YOUR TIME, TONI, ANOTHER PUBLIC COMMENT? >> NO, THAT WAS BACK TO COUNCIL. >> SORRY. OKAY. COME BACK TO THE COUNCIL. >> LET'S SEE THE HANDS. I'LL GO AHEAD AND ASK THE QUESTION AND NOT LET'S SEE YOU COMING DOWN. I'M ASSUMING. WELL, MAYBE WE SHOULD ASSUME ARE WE PASSING UP NEARLY $600,000 IN SAVINGS BECAUSE OF A COUPLE OF SPELLING ERRORS ? >> I'M SORRY, MATT LES, DIRECTOR OF PUBLIC WORKS. THAT IS NOT THE CASE THAT BEN VANGUARD WAS DEEMED NON-RESPONSE OF BECAUSE TWO FORMS WERE NOT COMPLETED AND TURNED IN ON TIME. THERE'S A TIMELINESS ISSUE IN TERMS OF THE BIDS THEY WERE DUE AT 11 A.M. THEY WERE TURNED IN LATER THAT DAY. IT'S NOT OUR PRACTICE BEYOND THAT BID TIME ON ANY OF OUR BIDS TO ACCEPT OR CURE ANY FAILED BID DOCUMENTS FOR ANY BIDDER. LOOK, SINCE WE'VE BEEN CONSISTENT IN THAT THAT'S CORRECT. ANYTHING ELSE THE COUNCIL SHOULD NOW KNOW. >> OKAY. ALL RIGHT. VICE MAYOR, I DO HAVE A QUESTION IN TERMS OF WHEN THESE CIRCUMSTANCES HAPPEN, THERE IS A PROCEDURE FOR SOMEONE TO, YOU KNOW, EITHER APPEAL OR, YOU KNOW, SAY OH WELL WAIT A MINUTE. YOU KNOW, THIS IS THIS IS THIS IS WHAT HAPPENED OR PUT IN A SORT OF A PEAL. >> YES. THAT'S THE PROTEST PERIOD. SO THAT'S WHAT YOU SEE ATTACHED TO THIS MEMO IS ALL OF THE DOCUMENTATION ABOUT THE PROTEST ,THE VANGUARDS LETTERS TO US AND DOCUMENTING WHAT THEIR PERCEPTION IS AND OUR RESPONSE TO THAT DOCUMENTS THAT PROCESS THEN THEY CAN APPEAL. SO THE DECISION COMES TO US TO DENY PROTEST AND THEY ARE APPEALING TO YOU TO OVERTURN THAT IF YOU DISAGREE WITH US. >> OKAY. THANK YOU. I JUST WANTED TO MAKE IT CLEAR THAT THERE IS PROCESS FOR APPEALS AND ALL OF THAT AND THIS IS PART AND DONE. >> THANK YOU. THANK GREAT QUESTIONS FROM THE COUNCIL OR A MOTION MOVE FOR APPROVAL SECOND. OKAY. >> I DON'T SEE ANY OTHER HANDS. TONI, LET'S VOTE. I'M STILL WAITING ON ONE MOTION PASSES UNANIMOUSLY. LOOK, THANK YOU. WE ARE ON TO ITEM 3.10 SETTLEMENT OF RUBALCABA VERSUS THE CITY OF SAN JOSE. >> TURNING TO A PUBLIC COMMENT. I HAVE NO CARDS COMING BACK TO THE COUNCIL FOR APPROVAL. >> THANK. NOT SEEN IN THE OTHER HANDS. TONI, LET'S VOTE. >> MOTION PASSES 8 TO 1 WITH WITHDRAWN VOTING NO. [04:55:06] OKAY. THANK YOU. ONE ITEM 5.1 REPORT ON BIDS AND AWARD OF CONTRACT FOR MAJOR STREETS RESURFACING. >> DO WE HAVE ANY PUBLIC COMMENT? I HAVE NO CARDS COMING BACK TO THE COUNCIL MOVE FOR APPROVAL. OKAY. THANK YOU. TONI, LET'S VOTE MOTION PASSES UNANIMOUSLY. >> THANK YOU. OKAY. WE'RE ON TO 8.1 AMENDMENT TO THE AGREEMENTS WITH TEAM SAN. WE HAVE A STAFF PRESENTATION SO WE'LL START THERE AS SOON AS STEPH IS IN THE BOX AND READY TO GO. >> GOOD AFTERNOON, MAYOR AND COUNCIL. >> WE'RE VERY HAPPY TO BE BEFORE YOU TODAY AND THIS AFTERNOON. I'M NANCY KLINE, DIRECTOR OF ECONOMIC DEVELOPMENT CULTURAL AFFAIRS. I'M HERE WITH KARI ADAMS HAFNER ASSISTANT DIRECTOR AS WELL AS JOHN LA FORTUNE WHO'S THE CEO OF TEAM SAN JOSE, ROSALYNN HUEY WHO IS THE DEPUTY CITY MANAGER AND. WE ARE HERE BEFORE YOU TO RECOMMEND THE COUNCIL APPROVE THE OPTION FOR CONTRACT WITH TEAM SAN JOSE WITH THE PROPOSED AMENDMENTS THAT KARI OUTLINE FOR YOU. >> AND WITH THAT I'LL TURN IT TO CARRIE. >> GOOD AFTERNOON MAYOR AND COUNCIL. SORRY. >> VOLUME CONTROL. GOOD AFTERNOON. SO FOR BACKGROUND THE CITY HAS CONTRACTED TEAM SAN JOSE SINCE 2004 WHEN THE CITY PRIVATIZED THE MANAGEMENT AND OPERATIONS OF THE CONVENTION CENTER AND ITS ENTERTAINMENT. TEAM SAN JOSE MANAGES THE CONVENTION CENTER SOUTH HALL CENTER FOR THE PERFORMING ARTS ,THE CIVIC AUDITORIUM AND CALIFORNIA AND MONTGOMERY THEATERS. IT ALSO OPERATES AS THE AND VISITORS BUREAU OR CVB AS WE CALL IT DOING BUSINESS AS VISIT SAN JOSE TEAM SAN JOSE'S NONPROFIT 17 MEMBER BOARD REPRESENTS THE ARTS HOTELS, LABOR AND THE COMMUNITY. >> SO ANNUAL PERFORMANCE MEASURES ARE DEVELOPED FOR COUNCIL APPROVAL MEASURES OF OUR ECONOMIC IMPACT GROSS OPERATING RESULTS, THEATER PERFORMANCE AND CUSTOMER SERVICE. A NEW FIVE YEAR CONTRACT WAS APPROVED BY THE IN 2014 AND IT HAD TWO FIVE YEAR OPTIONS TO EXTEND BOTH CONTRACTS EXPIRE ON JUNE 30TH 2024 AND HAVE A FIVE YEAR RENEWABLE OPTION. >> SO OVER THE PAST EIGHT MONTHS THE CITY AND TEAM SAN JOSE HAVE BEEN NEGOTIATING AMENDMENTS FOR YOUR APPROVAL. SO JUST WALKING THROUGH SOME OF THE HIGHLIGHTS HERE FOR THE CONVENTION AND CULTURAL FACILITIES CONTRACT WE HAVE SOME KEY CHANGES THAT WE WANT TO MAKE. FIRST OF ALL FOR THE CONVENTION CENTER PARKING GARAGE TEAM SAN JOSE PROVIDES CLEANING AND MAINTENANCE SERVICES ALSO SECURITY AND A PARKING LIAISON STAFF MEMBER WHO SUBMITS EVENT INFORMATION TO D.O.T. SO THEY D.O.T. ASKING TEAM SAN JOSE FOR SOME ENHANCED SERVICES AND ALSO D.O.T. IN TEAMS TENNESSEE TOOK A LOOK AT THE THE COSTS ASSOCIATED WITH THOSE SERVICES. >> SO ARE LOOKING TO INCREASE THE REIMBURSEMENT TO ABOUT $140,000 ANNUALLY AND THAT WILL COME FROM THE PARKING FUND. >> WE'RE ALSO RECOMMENDING SOME NEW NAMES OF DIFFERENT FUNDING MECHANISMS THAT FROM THE CITY. SO ANNUALLY RIGHT TEAM SAN JOSE HAS A FIXED MINIMUM MANAGEMENT FEE OF $1,000,000 WHICH IS REQUIRED TO BE REINVEST IT INTO THE OPERATIONS OF THOSE FACILITIES. >> THE FUNDING COVERS THINGS LIKE STAFF COSTS, INSURANCE UTILITIES, EQUIPMENT BUILDING MAINTENANCE AND OTHER NEEDS FOR THE FACILITIES. >> SO WE WANT TO CLARIFY THIS IS DISTINCT AND IT'S NOT A SUBSIDIZED COST AND THEY'RE IMMEDIATELY REIMBURSED BACK INTO THE OPERATIONS OF FACILITIES. >> SO WE'RE RECOMMENDING CHANGING THE NAME TO FIXED MINIMUM GUARANTEE OF FUNDING. >> ALSO AS YOU KNOW, TEAM SAN JOSE HAS PERFORMANCE TARGETS AND WHEN IT MEETS THOSE [05:00:07] TARGETS IT RECEIVES WHAT WE CALL AS AN INCENTIVE FEE. >> BUT WE WANT TO BE A LITTLE BIT MORE PURPOSEFUL ABOUT HOW WE'RE CALLING IT SO WE WANT TO CALL IT PERFORMANCE BASED FEE. >> ALSO TO BETTER REFLECT WE THINK THIS BETTER REFLECT THAT THE FUNDS ARE AWARDED BASED ON THEIR ACTUAL PERFORMANCE. >> ALSO THE PANDEMIC MADE US THAT WE NEED A FORCE MAJEURE CLAUSE TO BE IMPLEMENTED DURING ANY EXTRAORDINARY CONDITIONS LIKE A NATIONAL DISASTER OR A PANDEMIC. SO THOSE CASES IF TEAM SAN JOSE'S OPERATIONS TO BE SUSPENDED THEY WOULD NOT BE IN DEFAULT OF THEIR CONTRACT. >> ALSO WE'RE RECOMMENDING SOME UPDATES TO THE SOURCE FOR THE ECONOMIC IMPACT OF THE ARTS FORMULA TO BE THE AMERICANS FOR THE ARTS, ARTS AND PROSPERITY AND SAN JOSE STUDY WHICH WE COMMISSIONED EVERY FIVE YEARS. >> ALSO WHAT WE'RE HEARING IS THAT THERE'S A NEED TO BE A LITTLE BIT MORE DETAILED IN OF THE ECONOMIC IMPACT RELATED TO THE CONVENTION CENTER AND THE ECONOMIC IMPACT RELATED TO THE THEATERS. SO WE ARE GOING TO ASK TEAM JOSE TO PROVIDE MORE DISAGGREGATED DATA WHEN IT COMES TO THOSE TWO METRICS AND FOR THE CVB CONTRACT. >> THERE ARE TWO PRIMARY RECOMMENDED AMENDMENT AMENDMENTS AS A NEWS SERVICE VISIT SAN JOSE WILL LEAD A NEW COLLABORATIVE MARKETING GROUP COMPRISED OF THE DOWNTOWN ASSOCIATION, THE SPORTS AUTHORITY, THE AIRPORT AND OTHERS AS APPROPRIATE. >> THIS GROUP WILL COLLECTIVELY DEVELOP AND COORDINATE ADDED DESTINATION REGIONAL AND MARKETING EFFORT THAT WILL BE WILL BE EXECUTED BY DIFFERENT STAKEHOLDERS THROUGH COLLABORATION ON COLLATERAL IMAGERY AND MARKETING INITIATIVES. AN OUTCOME WILL BE GREATER REGIONAL AWARENESS AND THE MEETINGS WILL BE CONVENED AT LEAST QUARTERLY. AND THEN TEAM SAN JOSE WILL PRESENT ON THIS COORDINATED APPROACH AND ITS SEMIANNUAL UPDATES TO THE COMMUNITY AND ECONOMIC DEVELOPMENT COMMITTEE . >> IS SECOND KEY AMENDMENT IS THAT TEAM SAN JOSE WILL CONDUCT BUSINESS OUTREACH AT LEAST TWICE A YEAR. LOCAL BUSINESSES CAN LEARN HOW THEY CAN PREPARE FOR AND BENEFIT FROM TEAM SAN JOSE ACTIVITIES. FOR EXAMPLE IN ANTICIPATION OF INCREASED DEMAND FOR HOSPITALITY SERVICES DUE AND DUE TO AN UPCOMING LARGE CONVENTION EMPLOYERS MAY CHOOSE TO INCREASE STAFFING SO THESE THE CONTRACT AMENDMENTS WILL OPTIMIZE THE CONVENTION AND CULTURAL FACILITIES AND ENHANCE SAN JOSE'S ECONOMY VIBRANCY AND REPUTATION AS A DESTINATION FOR REGIONAL, NATIONAL AND INTERNATIONAL VISITORS. >> OUR RECOMMENDATION IS TO ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AMENDMENTS TO THE TWO CONTRACTS FOR THE FIVE YEAR OPTION TERM BEGINNING JULY 1ST OF 2024. >> THAT CONCLUDES PRESENTATION . THANK YOU. THANK YOU, TONI. DO WE HAVE PUBLIC? >> YES, I HAVE. OWEN MURPHY FIRST PERSON I'M GOING TO CALL ALL FIVE CARDS. SIX CARDS SORRY. FIRST PERSON ON MICROPHONE JUST START SPEAKING WHEN YOU GET THERE EVERYBODY ELSE SIT IN THE FRONT ROW. SO OWEN MURPHY, SHAWNA, LUCY ALFREDO, VERA, OLGA ARATA, DIANA JUAREZ AND AN ANONYMOUS. >> GOOD AFTERNOON, MR. MAYOR. THANK YOU COUNCILOR PEOPLE, I JUST WANT TO SAY MY NAME IS OWEN MURPHY AND I AM LOCAL 510 SIGN DISPLAY AT LA CROSSE WORKS THE CONVENTION CENTERS AND THE EVENT CENTERS THROUGHOUT THE BAY AREA AND NORTHERN CALIFORNIA ACCESS TO UNION 831 DOES THE SAME THING IN THE SOUTH. >> I WANT TO THANK YOU VERY MUCH FOR EXCUSE ME ALLERGIES PUTTING THE MEMORANDUM THAT YOU PUT TOGETHER AND THANK THE AMENDMENT MY BY COUNCILMEMBER TORRENS LOCAL 510 RECOGNIZES THAT SAN JOSE SECOND ONLY TO SAN FRANCISCO IN TERMS OF THE NUMBER OF OUTWORKERS THAT LIVE IN THE AREA PRODUCES HOURS AND OF WORK. >> THEY CONTRIBUTE SO MUCH TO THE LOCAL ECONOMY. [05:05:04] >> AND HAVING LISTENED TO THE ENTIRE DISCUSSION TODAY ABOUT THOSE TAXES ARE PAID BY PEOPLE THAT EARN MONEY AND THERE IS NO BETTER PLACE TO EARN MONEY THAN THE CONVENTION INDUSTRY IS A GROWING INDUSTRY. >> THANK YOU. THAT'S YOUR TIME. NEXT SPEAKER. >> GOOD AFTERNOON. MY NAME IS SHAUNA. LUCY I'M PROUD TO BE HERE WITH EACH AND EVERY ONE OF YOU REPRESENTING SAN JOSE. THANK YOU TO OUR INCREDIBLE CITY COUNCIL AND OUR MAYOR. >> I AM SPEAKING IN SUPPORT OF EXTENDING THE CURRENT TEAM SAN JOSE CONTRACT FIVE YEARS. >> IT'S AN INCREDIBLE MODEL THAT HELPS THE ECONOMY AND EMPLOYS THOUSANDS OF LOCAL WORKERS WITH GOOD JOBS. >> WE SUPPORT THE STAFF IN THE MEMO MEMO FROM COUNCILMEMBER TORRES. AND WE REQUEST THAT YOU EXTEND THE CONTRACT. WE ARE SO THRILLED TO PARTNER WITH TEAM SAN JOSE. I'M ALSO PROUD TO BE ON THE BOARD OF TEAM SAN JOSE AND YOU KNOW IT'S AN INCREDIBLE MODEL THAT REALLY DOES SUPPORT A VIBRANT ARTS ECONOMY AND DOWNTOWN. THANK YOU AGAIN FOR HAVING ME HERE TODAY AND FOR ALL OF YOUR SERVICE TO THE CITY THAT WE LOVE. >> THANK YOU. NEXT SPEAKER GOOD AFTERNOON MAYOR AND CITY COUNCIL MEMBERS. >> MY NAME IS DIANA ROSS AND I'M A RESEARCHER AT UNITE HERE LOCAL MY TEAM. WE ARE THE UNION WHO REPRESENTS WORKERS IN HOTELS FOODSERVICE WORKERS CAFETERIAS THE, SAN JOSE AIRPORT AND THE U.S. JOSE CONVENTION CENTER. FOR MANY YEARS LOCAL NATIVE HAS ENJOYED A GOOD AND SOLID WORKING WITH TEAM SAN JOSE'S MANAGEMENT. WE SHARE THE GOALS THAT ARE TO PROVIDE GOOD WAGES AND BENEFITS FOR WORKERS SO THEY ARE ABLE TO KEEP UP WITH THE COST OF LIVING WHILE PROVIDING THE BEST SERVICE TO OUR GUESTS. >> FOR THIS REASON I'M ON BEHALF OF OUR LOCAL TO EXPRESS OUR STRONG SUPPORT FOR THE EXTENSION OF THE FIVE YEAR CONTRACT BETWEEN THE CITY AND TEAM SAN JOSE FOR THE OPERATION OF THE CONVENTION CENTER AND THE VISITOR BUREAU. >> THANK YOU. >> THANK YOU. NEXT SPEAKER. >> GOOD AFTERNOON. COUNCILMEMBER MY NAME IS OLGA MARIETTA. I HAVE BEEN WORKING AT THE SAN JOSE CONVENTION CENTER FOR 25 YEARS. >> I ENJOY DOING MY. >> I GET TO GREET PEOPLE FROM ALL OVER THE WORLD WHILE PROVIDING EXCELLENT CUSTOMER SERVICE. >> FOR THIS REASON I AM HERE TO SHOW MY SUPPORT FOR THE EXTENSION OF THE CONTRACT BETWEEN TEAM SAN JOSE AND CITY AND MANAGEMENT OF DECEMBER HAD BEEN RELIABLE AND AIR AND STABLE THROUGHOUT ALL THE YEAR. I HAD BEEN WORKING THERE AND GSA TO CONTINUE IT. YOU PREPARED TO MAKE THE DECISION TODAY. THANK YOU AND HAVE A PUBLICITY THE SPEAKER AND ALSO TO CALL MIKE SODERGREN. >> GOOD AFTERNOON MEMBER OF COUNCIL I'M HERE. >> MY NAME IS THAT FRED RIVERA . I'M BEING WORKING FOR CONVENTIONS IN CITY TEAM SAN JOSE FOR 10 TO 12 YEARS. I'M PROUD TO WORK FOR THEM. I ALWAYS GIVE MY BEST FOR ALL THE ADVANTAGES THERE. I SUPPORT FOUR MORE YEARS OF THE CONTRACT PLEASE. WE NEED A CONTRACT WITH THAT CONTRACT. >> OUR JOB IS IN OUR RISK AND. >> I ASK FIVE MORE YEARS. SO THANK YOU VERY MUCH. THANK YOU. NEXT SPEAKER. >> I HAD THE PLEASURE OF WORKING FOR TEAM SANTOS BEFORE WHEN THEY JUST TRANSITIONED FROM THE CITY TO TEAM SAN. AND I JUST WANT TO MAKE A VERY SHORT COMMENT. THIS BRINGS WINNERS TO SAN JOSE. TODAY IN VIDEO BECAME THE FIRST $3 TRILLION CAP COMPANY THAT COMPANY BROUGHT WHEN THEY WERE MUCH SMALLER AND BASICALLY A GAME SHOW WITH A LOT OF REALLY INTERESTING BUT UNUSUAL PEOPLE [05:10:01] THAT THEY BROUGHT IN AND THAT WAS THE ROOTS OF A.I. THAT THE ROOTS OF SUPERCOMPUTING. AND I DO BELIEVE TEAM SAN JOSE PUT THAT COMPANY ON THE GLOBAL MAP IN TERMS OF HOW THEY STAGE SHOWS WITH THE ENVISION SHOW. SO THANK YOU I HIGHLY RECOMMEND THAT YOU APPROVE THIS CONTRACT UPDATE. >> THANK YOU. NEXT SPEAKER OKAY. BACK TO COUNCIL. >> OKAY. THANK YOU. APPRECIATE EVERYBODY WHO CAME OUT TO SPEAK COMING BACK TO THE COUNCIL. LET'S START WITH COUNCILOR OKON . >> YEAH. THANK YOU MAYOR AND THANK YOU TO TEAM SAN FOR ALL THE WORK YOU DO TO BRING BUSINESS TO OUR CITY AND TO PROMOTE OUR CITY WHICH IS REALLY, REALLY CRUCIAL WORK AND I WAS THANK STAFF FOR THE PRESENTATION AND BRINGING FORWARD THE RECOMMENDATION. TEAM SAN JOSE SERVES AS THE MARKETING AND EVENT ARM FOR THE CITY OF SAN JOSE AND AND REALLY IT'S IMPORTANT FOR US THAT WE HAVE TO HAVE A SUCCESSFUL DOWNTOWN AND HAVE A SUCCESSFUL CITY THAT WE HAVE AS MUCH SUCCESS AS POSSIBLE. ALL OF OUR FACILITIES THE CONVENTION CENTER, THE THEATERS AND OF OUR HOTELS AND BRING IN MORE HOTEL TRAFFIC AS WE TO CONTINUE TO GROW. WE JUST WANT TO MAKE SURE THAT THERE'S AN APPROVE COORDINATION BETWEEN TEAM SAN JOSE AND VARIOUS PARTNERS IN CITY ESPECIALLY AS WE'RE PREPARING FOR BIG EVENTS IN THE COMING YEARS LIKE SUPER BOWL 60 MARCH MADNESS AND THE FIFA WORLD CUP WHERE WE WANT TO MAKE SURE WE GET AS MUCH ECONOMIC BENEFIT FROM THAT AS POSSIBLE. IT'S NOT WE NEED NOT ACCEPT THE STATUS QUO BUT NEED TO PUSH THE ENVELOPE OF WHAT IS POSSIBLE ESPECIALLY AS WE HEAD INTO THAT YEAR IN A FEW YEARS. IN THAT SPIRIT I WAS HAPPY TO COLLABORATE WITH MAYOR MEHAN AND COUNCILMEMBERS DAVIS, FOLEY AND TORRES IN DISCUSSIONS WHAT WE CAN DO TO PUSH TEAM SAN JOSE TO DO BETTER. OUR MEMO WE PUT OUT ACTUALLY FOUR OF US SIGNED ON TO ASKS FOR BETTER PERFORMANCE IN PARTICULAR WE SHOULD KNOW HOW OUR PERFORMANCE COMPARES TO OUR PEERS CITIES WHO OPERATE SIMILAR FACILITIES. WE ALSO WANT TO MAKE SURE THAT WE ARE EXPLORING OPTIONS FOR AMENDING THE AGREEMENT TO BETTER ALIGN WITH DESIRED OUTCOMES TO IMPROVE TO HAVE ENHANCED COORDINATION BETWEEN THE DOWNTOWN ASSOCIATION CHAMBER OF COMMERCE AND OTHER ORGANIZATIONS WITH SAN JOSE MAKE SURE THAT WE ARE PLANNING FOR END OF THIS RENEWAL IN FIVE YEARS SO THAT WE'RE READY TO LAY THE GROUNDWORK FOR THE NEXT CONTRACT THAT WE WILL DISCUSSING FIVE YEARS FROM NOW . >> I THINK IT'S IMPORTANT FOR US TO BE THOUGHTFUL ABOUT HOW TO OPERATE OUR CITY'S CONVENTION VISITORS BUREAU AND THEATER FACILITIES AND YOU KNOW ,THERE ARE THREE PRIMARY FUNCTIONS THAT TEAM SAN JOSE DOES. SOME CITIES HAVE KNOWN AS A CONVENTION AND VISITORS BUREAU AND THAT'S ROLLED INTO TEAM SAN JOSE ALONG THE OPERATION OF OUR CONVENTION CENTER AND THE OPERATION OF OUR THEATERS. WHILE THIS MAY BE THE BEST STRUCTURE FOR THE CITY OF SAN JOSE THINK IT'S IMPORTANT THAT WE RETAIN THE FLEXIBILITY TO CONSIDER WHETHER NOT SEPARATING THESE FUNCTIONS IN THE FUTURE WILL ALLOW US TO GAIN MAXIMUM VALUE EACH OF THOSE FUNCTIONS. SO OUR MEMO INCLUDES THE IDEA THAT WE AS WE COME BACK IN THREE YEARS BEFORE WE OUT FOR THE NEXT RENEWAL ALLOWING FOR VARIOUS TYPES BIDS TO MEET TO SEE WHAT IS BEST FOR THE CITY OF SAN JOSE. >> SO I'M GOING TO MAKE A MOTION TO ACCEPT STAFF RECOMMENDATION AND THE REST OF THE IN THE MEMO SIGNED BY MYSELF MAYOR MEHAN, COUNCILMEMBER AND COUNCILMEMBER FOLEY. >> SO GREAT. >> THANK YOU COUNCILMEMBER I APPRECIATE THAT COUNCIL ARE FOLEY. >> THANK YOU. I DIDN'T THINK I WAS NEXT. I AM NOW THOUGH THANK YOU FOR THE PRESENTATION. I TO APPRECIATE THE WORK OF TEAM SAN JOSE AND AS THE CHAIR OF THE COMMITTEE WE'VE BENEFIT FROM PRESENTATIONS YOU WOULD MAKE TO US TWICE A YEAR AND I KNOW THE PANDEMIC WAS A TOUGH YEAR AND YOU'RE RECOVERING AND AND OUR HOTELS ARE RECOVERING AND EFFORTS HAVE BEEN OUTSTANDING AND AND THAT SAID I APPRECIATE THAT YOU ARE VERY THOUGHTFUL RESPONSIVE TO SUGGESTIONS THAT WE MAKE ABOUT AND AND IDEAS WE HAVE ON POTENTIAL CONVENTIONS THAT MIGHT BE ABLE TO COME HERE AND I CERTAINLY RECOGNIZE THAT BUSINESS HAS CHANGED. WE'RE NO LONGER PEOPLE ARE NOT DOING AS MUCH BUSINESS TRAVEL AS THEY USED TO. SO HOW YOU MARKET JOSE AND AND SET US APART FROM OTHER REGIONS IS IMPORTANT AND I THINK YOU'RE DOING A GOOD JOB AT THAT AND I JUST WANT TO EXPRESS MY SUPPORT OF TEAM SAN JOSE BUT I WANT YOU TO BE SUCCESSFUL BECAUSE YOUR SUCCESS MEANS THAT THE CITY OF SAN WILL BE SUCCESSFUL AND IT MEANS THAT THE UNITE HERE [05:15:03] FOLKS WHO ARE HERE WILL HAVE JOBS AND MORE JOBS WILL BE AVAILABLE BY OUR CONTINUED SUCCESS. >> SO OUR MEMO REALLY IS DESIGNED TO ENCOURAGE THAT. IT'S NOT DESIGNED TO BE PUNITIVE. >> IT IS A FIVE YEAR OPTION OR RENEWS A FIVE YEAR OPTION. >> IT IT REALLY IS A CHALLENGE TO CONTINUE TO PUT YOUR BEST FOOT FORWARD AND SEE HOW SUCCESSFUL WE CAN BE TOGETHER BECAUSE TRULY WE ARE PARTNERS IN THIS AND AS COUNCILMEMBER COLLINS WE HAVE SOME BIG EVENTS COMING UP THAT AREN'T NECESSARILY COMING TO SAN JOSE BUT WE WANT TO BRING THEM INTO SAN JOSE. SO WORKING IN PARTNERSHIP WITH SPORTS AUTHORITY, DOWNTOWN ASSOCIATION AND EVERY OTHER PARTNER IN THE CITY OF SAN JOSE INCLUDING OUR PERFORMANCE ARTIST OPERA SAN JOSE AND EVERYONE EVERY OTHER GROUP THAT MIGHT ATTRACT VISITORS TO SAN JOSE WOULD BE A GREAT PARTNERSHIP INCLUDING THE AIRPORT SAN JOSE AIRPORT OF BECAUSE WE WANT THEM TO FLY INTO SAN JOSE AND THEN STAY IN THE JOSE OKAY THEY CAN GO SEE SPORTS IN SANTA CLARA BUT COME BACK HERE AND EAT AND AND LIVE SO I'M I'M VERY SUPPORTIVE OF THE MEMO I WOULD LIKE TO ONE LITTLE THING IF THE MAKER WOULD ALLOW THAT WE DO RECEIVE TWO UPDATES AT CFD AND AT THE NEXT CFD MEETING COMING UP IN I BELIEVE NOVEMBER OF THIS YEAR IF COULD INCLUDE IN YOUR UPDATE STATE AS OF THE WORKING GROUP THAT WE REQUESTED IN OUR MEMO WE ACCEPT THAT AS A FRIENDLY AMENDMENT. >> YES I ACCEPT THAT. THANK ON THE SECOND FLOOR. >> THANK YOU. THAT'S IT. >> ME THANK YOU. THANK YOU. COUNCILMEMBER CUSTOMER BATRA THANK YOU VERY MUCH FOR THAT REPORT. YOU THE TEAM SAN JOSE IS KEY TO OVER ONE OF THE MAIN OBJECTIVES THAT WE HAVE FOR SAN JOSE WHICH IS TO MAKE SAN JOSE A DESTINATION CITY AND THAT DESTINATION IS SUPPOSED TO BE THE ONE WHICH IS GOING TO GIVE US NEW SOURCES OF REVENUE THROUGH NEW SOURCES OF REVENUE AND YOU WORKING WITH THE REST OF THE TEAMS FROM AIRPORT TO ALL THE WAY THAT'S SUCCESS YOU HAVE THE MORE WE'RE GOING TO BE ABLE TO ACHIEVE THAT IN THE NEXT FIVE YEARS SO I APPRECIATE WORK YOU DO AND IN MY DISCUSSIONS WITH YOU WHAT ARE THE THINGS I WAS CONCERNED ABOUT AND I SHARED THAT WITH YOU THAT WHEN ANYBODY BLOWS THEIR TARGET BY 200% CONSISTENT LEAGUE SAY SOMETHING THOSE TARGETS SO WE NEED TO FIND A WAY TO EXPRESS WHAT YOUR GOALS ARE IN A LITTLE BETTER WAY BECAUSE OTHERWISE THE TARGETS DON'T MEAN VERY MUCH AS A CREDIBILITY SOURCE OKAY SO I THINK YOU'RE DOING A GREAT WORK AND WE ARE HAPPY THAT YOU ARE OUR PARTNER AND YOU'RE THE ONE WHO IS GOING TO MAKE OUR CITY A DESTINATION AND CITY AND JUST FIX THAT LITTLE ITEM FOR ME IT'S VERY HARD FOR ME TO ACCEPT THAT TO GIVE THE INCENTIVES AND INCENTIVE FEES WHEN SOMEBODY IS BLOWING THE TARGETS BY 200%. SO TRY TO STATE THAT MORE REALISTICALLY. OKAY. THANK YOU VERY MUCH ON ALL THE GOOD WORK YOU DO AND I'LL BE SUPPORTING THE AMENDMENTS. THANK YOU COUNCILOR. APPRECIATE THAT. CUSTOMER TOURS GREAT. >> GOOD AFTERNOON. THANK YOU SO MUCH FOR FOR THE PRESENTATION. IT'S ALWAYS GOOD TO HEAR WHAT TEAM SAN JOSE IS UP TO BECAUSE WE ALL KNOW THAT YOU ARE A MAIN CONTRIBUTOR TO VIBRANCY IN DOWNTOWN JOSE AND AND PUTTING FOLKS INTO OUR HOTEL ROOMS RIGHT AND SO THAT'S WHY THEREFORE YOU'RE NIGHT OUR OUR FOLKS FROM UNITED 18 ARE ABLE TO HAVE A JOB SO YOU KNOW A LOT DEPENDS ON OUR LOCAL ECONOMY SO I DO HAVE A QUESTION I AM ON THE MAYOR'S BROWN ACT ALONG WITH COUNCILMEMBER COHEN COUNCILMEMBER DAVIS AND COUNCILMEMBER FOLEY AND THERE IS A REASON WHY I DIDN'T SIGN ON TO THEIR MEMO BECAUSE I AM I AM CONCERNED WITH ITEM 2.4 IN THE MEMO AND SO I WOULD LOVE THE I WOULD LOVE INPUT FROM BOTH NANCY CARRIE OR JOHN REGARDING ITEM 2.4 IN THE MAYOR'S BROWN MEMO AND I JUST WANT TO KNOW I WOULD LOVE TO KNOW HOW THIS WILL IMPACT TEAM SAN JOSE IF IF WE IF WE HAVE COMPETITIVE BIDDING PROCESSES FOR FOR THE OTHER FACILITIES [05:20:01] WITHIN TEAM SAN JOSE COUNCILMEMBER THANK YOU MUCH FOR THE QUESTION WE ALL ANTICIPATED BEFORE THE ITEM WAS COMING THAT WHEN WE MOVE TO 2029 IT WILL BE AS A RESULT OF A COMPETITIVE PROCESS AND GOING THROUGH CONSIDERING WAYS TO DO OUR WORK THE VERY BEST WE CAN IT ISN'T IT IT IS FINE WITH US TO LOOK AT DIFFERENT TO CONCEIVE OF THE WORK. OKAY GREAT. THANK YOU FOR THAT BY THE WAY, JOHN, I WOULD ACTUALLY ALSO LIKE TO HEAR FROM YOU YOU. >> YES. THANK YOU VERY MUCH FOR THE QUESTION, COUNCILMEMBER TORRES FOR 2.4 IT DOES WHEN YOU PUT IT ON JUST TO THE RFP INSTEAD OF JUST THE RFI I WOULD THINK THAT THE RFI WOULD GO THROUGH THOSE EXERCISES OF WHAT YOU KNOW, WHAT MAKES SENSE FOR THE CITY AS FAR AS SEPARATING CVB OR THE MANAGEMENT PORTION OR THE THEATERS AND SO FORTH. I WOULD THINK THAT THAT WOULD COME OUT OF THE RFI AND THEN GO INTO THE RFP AND THAT WOULD BE MY CHANGE ON THAT. >> OKAY. WHAT I'M TRYING TO GET AT IS HOW WOULD AFFECT HOW WOULD THIS AFFECT OUR LOCAL NONPROFITS AS OPERA SAN JOSE A CHILDREN'S MUSICAL ETC. WELL EVERYBODY PLANS YEARS YEARS OUT SAME WITH UNION CONTRACTS. WE HAVE TWO LARGE ONES THIS YEAR SO EVERYBODY LOOKS AT A FOUR OR FIVE YEAR PLANNING CYCLE. SAME WITH OPERA AND AND CMT AND SYMPHONY LOOKS AT THREE YEARS OUT TWO YEARS OUT SO THIS THIS INSERT 20 AS YOU MIGHT WANT TO CALL IT CREATES AN ISSUE FOR THESE GROUPS OKAY AND AND YOU JUST YOU JUST MENTIONED WE HAVE WE'RE UNDER CONTRACT NEGOTIATIONS AND AND WHAT WHAT IS WHAT WHAT IS THE WHAT IS THE WHERE ARE WE AT IN THOSE NEGOTIATIONS WE HAVE THE LOCAL 19 UNITE HERE IS UP ON JUNE 30TH AND THEY USUALLY SIGN A FOUR OR FIVE YEAR DEAL AND THEN ALSO THE STAGEHANDS WHICH IS LOCAL 34 IS UP AT THE END OF THE YEAR OF THIS YEAR AND THEY ALSO SIGN A FOUR OR FIVE YEAR DEAL. OKAY. SO SO MY QUESTION WOULD BE EITHER WOULD IT BE TO JENNIFER OR WOULD IT BE TO TO LEAVE? SO IF IF THE MOTION PASSES TODAY. RIGHT. HOW THIS HOW WOULD HOW WOULD THIS ACTION THE UNION CONTRACTS FOR 19 AND WHAT DID YOU SAY? I'M SORRY I CAN NEVER SAY THAT OTHER BARGAINING UNIT ARCHY SECRETARY THANK ISAAC YEAH THANK YOU COUNCILMEMBER LET ME JUMP IN HERE. THINK WHAT WE'RE SAYING IS THAT WE'RE ASKING FOR COUNSEL AND THE MEMO INDICATED A FIVE YEAR CONTRACT SO IT IT ON THE THE FACE OF IT BASED ON RECOMMENDATION NONE OF THE DOING AN RFP OR AN RFP WOULD GET THE WAY OF A FIVE YEAR EXTENSION. WELL, ACTUALLY AND JUST TO BE CLEAR I AGREE, NANCY, BUT JUST TO PUT A FINER POINT ON IT, THE UNCERTAINTY THAT WAS REFERENCED IS INEVITABLE IN FIVE YEARS BECAUSE THE INTENTION ALL ALONG IN FACT THE WAY THE CONTRACT IS STRUCTURED IS TO START A NEW PROCESS AND HAVE A COMPETITIVE PROCESS IN FIVE YEARS. >> IS THAT THAT THAT'S CORRECT . AND JUST ONE OTHER POINT AND WE CERTAINLY HAVE TALKED THROUGH THIS WITH WITH JOHN, HIS STAFF, THE COUNCIL AND TEAM SAN JOSE, THIS MODEL WHICH HAS WORKED VERY WELL IN 2004 AND THEN THE LAST CONTRACT IS 12 AND 14 COMING TO THIS AND THIS FIVE YEAR EXTENSION IN AN INDUSTRY THAT'S CHANGING AND WHERE ARE AS THE MAYOR HAS LIKE TO SAY IN AN EXPERIENCE ECONOMY NOW IT MAKES SENSE FOR US TO RETHINK IF WE ARE DOING ALL THAT WE SHOULD BE DOING. MAYBE WE ARE AND OR SHOULD WE THINK ABOUT WAYS TO DO EVEN BETTER FOR SAN JOSE? >> YEAH NO I UNDERSTAND. I DEFINITELY DON'T WANT TO VOTE AGAINST THE TEAM SAN JOSE CONTRACT THE ONLY ISSUE THE THE ISSUE THAT I HAVE WITH WHERE [05:25:06] POINT FOUR IS OBVIOUSLY WE'RE ALL ENTITLED TO OUR OPINIONS BUT I SEE IT AS ONE EITHER PRIVATIZING THOSE FIVE THOSE OTHER FIVE FACILITIES OR CONTRACTING OUT THOSE FIVE FACILITIES AND SO SOMEONE WHO WHO HAS WORKED IN A WORKING CLASS MY WHOLE LIFE AND WHO WAS A UNION MEMBER MY FAMILY MEMBERS MY FAMILY MEMBERS WERE ALL UNION MEMBERS RIGHT. I CAN'T WHOLEHEARTEDLY SUPPORT THAT ITEM ON THE ON MY COLLEAGUES MEMO. SO BUT I SUPPORT I I DO SUPPORT THE WORK THAT TEAM SAN JOSE DOES. I IT'S CLEARLY OUTLINED IN THIS IN THIS MEMO THAT THAT MORE WORK NEEDS TO BE DONE RIGHT AND AND OBVIOUSLY THE WORK THAT WE'RE SEEING IS IS NOT THE RESULT OF TEAM SAN JOSE NOT DOING THEIR JOB RIGHT WE ARE COMING OUT OF A A THE POST-COVID 19 RIGHT AND SO WE'RE SEEING OTHER NOT RECOVER THAT'S WITH A AND NOT RECOVER WE'RE RECOVERING AT A FASTER RATE THAN THAN THAN MOST DOWNTOWNS OUR HOTELS ARE FILLING UP AT A FASTER RATE THAN THAN MOST BIG CITIES AND SO I DEFINITELY DO TO SUPPORT DO WANT TO SUPPORT THIS MOTION I JUST CAN'T WHOLEHEARTEDLY SUPPORT THAT LITTLE PORTION OF OF OF MY COLLEAGUE'S MEMO. BUT YOU KNOW, I YOU KNOW I'M ALSO READING THE TEA LEAVES SO YOU KNOW, IT'LL PROBABLY BE A HARD PILL FOR ME TO SWALLOW BUT I'M GOING TO CONTINUE TO HEAR FROM DISCUSSIONS WITH MY OTHER COLLEAGUES BEFORE I DECIDE HOW I WANT TO VOTE. >> SO THANK YOU. THANKS. APPRECIATE THE QUESTIONS AND EXPRESSING THAT I A LITTLE CONFUSED IT SEEMED TO ME THAT 2.4 WAS MAYBE THE LEAST CONTROVERSIAL AND THAT THAT IS THE PROCESS WE WERE ALWAYS GOING TO FOLLOW AS I UNDERSTOOD IT. >> SO THAT PART ACTUALLY SEEMS TO ME TO BE ALMOST JUST REITERATING THE THE EXISTING PLAN BUT MAYBE MY COLLEAGUES CAN HELP CLARIFY. LET ME LET ME GO TO THE VICE MAYOR NEXT. THANK YOU AND I GUESS I NEED SOME ON THE 2.4 BECAUSE I THINK YOU KNOW IN TERMS OF OF THE PROCESS IT SEEMS LIKE THIS WILL BE THE NEXT CYCLE MOVING FORWARD AND YOU KNOW I'M OPEN TO CONSIDER DIFFERENT OF DOING THINGS. >> ONE OF THE THINGS THAT I WOULD ASK IS TO PROCEED CAUTIOUSLY BECAUSE THERE ARE MANY DIFFERENT GROUPS THAT TOUCH DOWNTOWN AND TOUCH KNOW SORT OF LIKE DIFFERENT EVENTS AND I CAN A SCENARIO WHERE CREATING SUBSECTIONS OPERATIONS SEPARATELY MAY NOT CREATE THE SAME OF CONNECTIVITY. I DON'T KNOW I'M JUST SAYING TO PROCEED WITH CAUTION AS START THINKING ABOUT THESE THINGS BECAUSE RIGHT NOW I LIKE THE IDEA OF DIRECTING THE CITY MANAGER IN NUMBER THREE TO CREATE THAT WORKING GROUP SO THAT ARE CONTINUOUSLY TALKING TO EACH OTHER THAT YOU KNOW WHAT EVENTS ARE HAPPENING SO THAT WE'RE NOT STEPPING ALL OVER EVERYBODY AND BE ABLE TO SORT OF LIKE MOVE TOGETHER MORE EFFECTIVELY. SO TO ME THAT THAT MAKES A LOT OF SENSE BUT. YOU KNOW, WHEN YOU START BREAKING A PIECE OF THIS AND A PIECE OF THAT AND YOU EVERYTHING SORT OF LIKE HAS ITS OWN WAY OF BEING CAN CREATE A MORE CONFUSION AND DIFFICULTY. >> SO I'M OPEN TO IT I THINK YOU KNOW IT'S IT'S GOOD TO PROCEED I DON'T HAVE A PROBLEM BUT I DO FEEL A LITTLE BIT WE WE SHOULD PROCEED WITH CAUTION WHEN WE'RE TRYING TO CREATE THESE SUBSECTIONS SIMPLY BECAUSE OF YOU KNOW WHAT UNINTENDED CONSEQUENCES MAY END UP BY SEPARATING THINGS UP TOO MUCH. SO THAT'S ALL I JUST WANT TO ADVISE. THANK YOU. THANKS VICE MAYOR AND CERTAINLY SOMETHING LOOKING AT AND BETTER UNDERSTANDING. LUCKILY IF THE MOTION MOVES FORWARD HAVE A LOT OF TIME TO BETTER STUDY IT AND UNDERSTAND CONSTRUCTION. >> YEAH THANK YOU. AND I WANT TO START FIRST WITH THAT POINT BECAUSE I DON'T THINK I HAVE ANY PRECONCEIVED IDEA ABOUT WHICH MODEL IS BETTER. I YOU KNOW MODEL OF PUTTING THEM TOGETHER WHICH MIGHT BE SOMEWHAT UNIQUE ACTUALLY AMONG THE CITIES BUT MAY BE BETTER AND MAY ACTUALLY CREATE BETTER SYNERGIES AND BETTER RESULTS BUT WE DON'T KNOW IN OTHER CITIES DO IT DIFFERENTLY. AND I THINK ONE OF THE THINGS THAT I'M JUST ANXIOUS TO SEE IN THE NEXT FEW YEARS IS MAYBE SOME INVESTIGATION OR STUDY AS AS TO HOW DO WE PROVE WHICH MODEL IS WORKING BETTER AND WHETHER PARTICULAR WAY IS ACTUALLY DOING US A SERVICE OR IS HOLDING US BACK IN SOME WAY AND HOW DO WE MEASURE THAT COMPARED TO THE PERFORMANCE IN OTHER CITIES? HOW OR THEATERS THAT ARE SIMILAR IN OAKLAND AND SAN FRANCISCO PERFORMING VERSUS OUR THEATERS HERE IN SAN JOSE WE DON'T NECESSARILY KNOW. [05:30:03] I MEAN WE SEE NUMBERS GOING UP AND IMPROVING AND THAT'S GREAT BUT WE DON'T KNOW FOR SURE HOW MANY DAYS PER YEAR ARE THEY BOOKED AND HOW MANY DAYS PER YEAR ARE THEATERS IN OTHER CITIES THAT HAVE SIMILAR FACILITIES BOOKED AND WE NEED TO KNOW ARE WE ARE WE MAXIMIZING OUR POTENTIAL NOT AND IS THERE ANOTHER WAY THAT MIGHT MAXIMIZE IT BETTER OR MAYBE NOT? BUT THE ANSWER IS NOT PREDETERMINED I THINK BY THE ITEM 2.4 I WILL ALSO JUST MAKE I THINK COUNCILMEMBER TORRES MAKES A GOOD POINT ABOUT THE OTHER ORGANIZATIONS THAT COUNT ON THESE. I MEAN I AS MANY PEOPLE KNOW MY DAUGHTER PERFORMED IN CMT. I YOU KNOW, WITH THEIR THEIR PARTNERSHIP AT MONTGOMERY THEATER'S IMPORTANT TO OPERA SAN JOSE'S PARTNERSHIP AT CALIFORNIA THEATER IS IMPORTANT OBVIOUSLY AS WE FORWARD IN ANY MODEL WE DO, WE WOULD HAVE TO MAKE SURE THAT ANY RFP INCLUDES CRITERIA FOR HOW THEY COORDINATE WITH OUR LOCAL ARTS ORGANIZATIONS WILL STILL NEED ACCESS TO THESE FACILITIES. I DON'T THINK EITHER MODEL PRECLUDES THAT. I THINK WE HAVE TO BE JUST AWARE OF THAT AS WE MOVE FORWARD IN ANY MODEL. SO I THINK THAT HOPEFULLY WE'LL ALL THOSE THINGS WILL BE TAKEN INTO ACCOUNT AS WE MOVE TO NEXT PROCESS WHICH I PRESUMABLY THAT WILL HAVE WILL HAPPEN WHEN I'M NO LONGER EVEN ON THE COUNCIL BECAUSE THAT WILL COME FIVE YEARS FROM NOW. BUT IT'S IMPORTANT FOR US TO BE PREPARED FOR OPTIMUM WHAT YOU KNOW WHAT WE GET OUT OF OUR CONTRACTS WE OPERATE AS WE OPERATE OUR ART FACILITIES DOWNTOWN. >> THANK YOU. THANKS COUNCILMEMBER FOLEY. >> THANK YOU. THANK YOU. AND APPRECIATE THE CONVERSATION AND AND COUNCILMEMBER TORRES, APPRECIATE YOUR CONCERN, YOUR COMMENTS AND CONCERNS BUT I HAVE A QUESTION FOR YOU. >> YOU MENTIONED THAT THE TO LOOK AT A DIFFERENT MODEL WHICH IS ALL THIS IS IS LOOKING AT POTENTIALLY A DIFFERENT MODEL COULD COME BACK AND SAY THAT MODEL WON'T WORK AND AND WHAT THE MODEL THAT TEAM SAN JOSE HAS WILL IT DOES AND WILL BE THE MOST SUCCESSFUL IN THE CITY OF SAN JOSE WE DON'T KNOW WE TRY BUT OR UNLESS WE LOOK BUT THE QUESTION I HAVE FOR YOU IS THAT YOU MENTIONED SOMETHING ABOUT LABOR BEING AT RISK HERE AND I DON'T SEE THAT I SEE THIS AS AN OPPORTUNITY IF AS AS TEAM SAN JOSE GROWS IN SUCCESS AND BRINGS IN MORE CONVENTIONS MORE OPPORTUNITIES FOR PEOPLE TO EXPLORE AND THE CITY OF SAN JOSE THAT'S GOOD FOR TEAM SAN JOSE THAT'S GOOD FOR THE CITY OF SAN JOSE AND THAT'S GOOD FOR OUR FOR LABOR BECAUSE WE'RE GOING TO NEED AND UNITE HERE IS HERE THAT'S GOING TO BE OUR HOTEL IS THERE ARE RESTAURANTS THERE'S THEY'RE ALL EMPLOYEE GROUPS BE OPPORTUNITIES WILL BE INCREASED SO I'M CURIOUS WHERE THAT COMES I DON'T HEAR THE TERM WHERE WE HAVE TEAM SAN JOSE HAS CONTRACTS WITH LABOR THOSE ARE BEING NEGOTIATED THEY'LL BE EXTENDED HOWEVER WHATEVER TERM THEY ARE THREE, FIVE, FOUR OR FIVE YEARS WHATEVER THEY ARE. >> IF ANOTHER ENTITY COMES IN THEY HAVE TO ASSUME THOSE CONTRACT SO THEY CAN'T SUPPLANT THOSE CONTRACTS. >> SO I'M CURIOUS WHERE THAT COMES FROM AND WHAT YOUR EDUCATE ME ON WHAT THAT ISSUE IS. WELL, I'M I'M I'M EXPLAINING HOW I'M EXPLAINING IT, HOW I'M SEEING IT. COUNCILMEMBER FOLEY RIGHT. SO I KNOW I KNOW THAT TEAM SAN JOSE EMPLOYS A LOT OF FOLKS WHO ARE PART OF A UNION, RIGHT? AND THAT OUR LOCAL ECONOMY DEPENDS ON ON ON TEAM SAN JOSE BUT THE WAY I'M LOOKING AT IT IS THAT WE'RE WHERE WE BIFURCATING WE'RE BIFURCATING THESE FACILITIES RIGHT AND SENDING THEM TO THE TO THE HIGHEST BIDDER AND THAT'S FOR ME THAT'S. >> YES. IT'S IMPORTANT TO TO HOLD WHOEVER IS GOING TO COME IN TO OPERATE IF THIS DOES GO THROUGH WHOEVER COMES IN TO TO WE NEED TO HOLD THEM ACCOUNTABLE ONE BECAUSE IT'S OBVIOUSLY IT'S IT'S OUR FACILITY RIGHT. >> THE THE THE OTHER ONE IS IS IS I'M JUST CONCERNED THAT AN ENTITY THAT CAN'T SUPPORT THE UNION CONTRACTS THEN IT'S GOING TO FALL UNDER OUR LAP JUST LIKE I BELIEVE HAYES MENTIONED THE HAYES MENTIONED RIGHT SO THAT'S A THAT'S A THAT'S A GOOD EXAMPLE OF OF OF OF US SELLING OUR FACILITIES AND THE CONTRACT THE THE THE BUYER OF THE OF THE PROPERTIES NOT NOT FULFILLING THEIR THEIR CONTRACT OBLIGATION SO SO I HAVEN'T I SAID THAT I'M STILL A LITTLE BIT UNDECIDED RIGHT I'M JUST I'M I AM READING AS I'M READING IT AS AS AS AS AS SOMETHING THAT THAT I PERSONALLY DO NOT AGREE WITH [05:35:07] BUT AGAIN THIS THIS CONTRACT IS SUPER IMPORTANT TO DOWNTOWN SAN JOSE LIKE I LIKE, I LIKE I MENTIONED TEAM SAN JOSE CONTINUES TO COME TO TO SEED AND HAVE AWESOME PRESENTATIONS RIGHT IF IF IF AND THE PRESENTATIONS MATCH WHAT'S HAPPENING OUT IN DOWNTOWN SAN JOSE RIGHT WHERE HOTELS ARE BEING FILLED OUR OUR DOWNTOWN IS VIBRANT SO YOU KNOW I KNOW I GET THE SPIRIT OF OF OF THE MEMO THAT YOU KNOW MAYOR MEHAN AND YOURSELF AND COUNCILMEMBER COHEN AND DAVE HAS PUT TOGETHER BUT I'M JUST PERSONALLY STILL NOT IN AGREEMENT WITH THE THAT SECOND PORTION. BUT AGAIN I AM NOT I HAVEN'T DECIDED IF I'M GOING TO SUPPORT YET OR NOT. >> BUT BUT YOU JUST MENTIONED IT. THEY KEEP COMING SAID WE'RE WE'RE GOING TO CONTINUE TO HEAR THESE THESE FOLKS WHO WANT TO COME IN AND OPERATE OUR FACILITIES SO MAYBE WE DO IT BY A CASE BY CASE BASIS BUT KNOWS. >> THANK YOU BUT OH OKAY. >> I'M GOING TO TRY ONE LAST ONE LAST ATTEMPT TO TO CONVINCE YOU BECAUSE I THINK YOUR SUPPORT IS IMPORTANT ACTUALLY. ALL THE COUNCIL SUPPORT IS SUPPORT AND IMPORTANT BUT YOU'RE THE DOWNTOWN COUNCIL REP AND THAT IT MATTERS SO THIS IS JUST THE WAY I READ MEMO AND THE REASON I SIGNED ON AND THIS IS EXPLORING THIS ISN'T GUARANTEEING ANY SEPARATION. THIS IS JUST SAYING LET'S LOOK AT IT AND SEE AS I SAID IT COULD COME BACK ALL IN ONE PACKAGE BECAUSE THE OTHER ISN'T FEASIBLE AND IT MAY BE THAT TEAM SAN JOSE HAS THE BEST PACKAGE AND IN THE NEXT FIVE YEARS THEY'RE GOING TO HAVE THAT OPPORTUNITY TO SHOWCASE THEIR WONDERFUL OPPORTUNITY AND WAYS THAT THEY CAN ADVANCE THE CITY OF SAN JOSE. I MEAN SHOOT SAN JOSE'S IN NAME TEAM SAN JOSE THAT MEANS THEY'RE PART OF US RIGHT? SO I DON'T SEE THAT RELATIONSHIP GOING AND SO I HEAR YOU AND I WANT TO VALIDATE YOUR CONCERNS AND YOUR COMMENTS BUT I SEE THIS IS JUST EXPLORATION. THERE'S NO COMMITMENT YET. THIS IS A FIVE YEAR OPTION WITH TEAM SAN JOSE THAT'S SAYING WE SUPPORT YOU, WE WANT YOU THRIVE. WE WANT YOU TO SUCCESSFUL BECAUSE THAT MEANS WE WILL ALL BE SUCCESSFUL AND THRIVE. SO I'LL JUST LEAVE IT AT THAT. THANK YOU. >> OKAY. THANK YOU COUNCILMEMBER MAYOR MAY I SAY ONE WORD? AS LONG AS I HAVE THIS PLATFORM I DEFINITELY WANT TO SAY THIS IS ONE AS YOU KNOW. >> THANK YOU SO MUCH MAYOR AND COUNCIL FOR THE LAST TWO WEEKS AND COMING IN TO TALK TO YOU AND WE SHOULD HAVE PROBABLY DONE THAT PRIOR TO NEGOTIATIONS SO WE UNDERSTOOD FOLEY WHAT IS NEEDED THERE. >> BUT YOU KNOW, REST ASSURED AND I ALSO WANT TO THANK CITY STAFF FOR THE LAST EIGHT MONTHS BUT YOU KNOW, WE AGREED ON SEVERAL DIFFERENT ITEMS AND YOU KNOW, WE HEAR LOUD AND CLEAR THAT THERE'S MORE WE CAN DO WITHIN THE CONTRACT TO ENSURE BEST FOR SAN JOSE INCLUDING AN ANALYSIS AND POSSIBLE CHANGE OF PERFORMANCE MEASURES AND POSSIBLY LOCAL REGIONAL MARKETING SO FORTH AND WE WELCOME THAT OPPORTUNITY AND VERY EXCITED TO PARTNER WITH THE CITY IN THE NEXT FEW MONTHS AND YEARS TO DO THAT. >> SO I JUST WANT YOU ALL TO KNOW THAT THANK YOU VERY MUCH THANK YOU JOHN. APPRECIATE THAT. >> I'VE GOT JUST A FEW COMMENTS. I DON'T SEE ANY OTHER HANDS UP FROM COLLEAGUES BUT YEAH, FIRST LET ME SAY JOHN, I THINK YOU TEAM SAN JOSE GENERALLY A LOT OF VERY IMPORTANT WORK FOR THE CITY AND I DO WANT TO THANK YOU FOR THAT AND MY TEAM AND I HAVE ENJOYED COLLABORATING WITH YOU TO SECURE ADDITIONAL CONVENTIONS AND SUPPORT BRINGING LARGE AND PERFORMANCES TO DOWNTOWN AND ENSURING THAT THOSE EVENT ORGANIZERS AND AND THEIR ATTENDEES AND PATRONS HAVE A GOOD EXPERIENCE AND. AS NANCY SAID THAT EXPERIENCE ECONOMY HAS ACTUALLY FRANKLY ONE OF THE BRIGHT SPOTS FOR OUR COMING OUT OF THE PANDEMIC IT'S NIGHTS AND WEEKENDS WHERE WE'RE GREATER ENGAGEMENT. SO I DON'T I DON'T IN ANY WAY WANT TO DISCOUNT THE HARD WORK TEAM SAN JOSE HAS DONE OR THE QUALITY OF MANY OF THE CONVENTIONS AND OTHER EVENTS THAT HAVE BEEN BROUGHT THE CITY AND I DO VERY MUCH VALUE IT YOU KNOW THAT BEING SAID, I DO I DO HAVE CONCERNS ABOUT THE PROCESS FRANKLY ON OUR STAFF SIDE AS WE HEADED TOWARDS THIS RENEWAL AND A LITTLE BIT EVEN WITH THE PRESENTATION AND CONVERSATION TODAY I JUST WANT TO MAKE A FEW POINTS HERE TO FOLKS AS WE MOVE TO I HOPE APPROVING THE MOTION ON THE FLOOR WHICH SOUNDS LIKE HAS PRETTY BROAD SUPPORT [05:40:06] AT NUMBER ONE, YOU KNOW, NO MATTER HOW EFFECTIVE TEAM SAN JOSE OR ANY OPERATOR IS, I BELIEVE THAT WHEN WE HAVE A SIGNIFICANT FIVE YEAR CONTRACT EXTENSION COMING BEFORE COUNCIL WE SHOULD NEVER JUST AS WE TALKED ABOUT WITH NONPROFIT CONTRACT SOME MOMENT AGO FOR HOMELESSNESS SERVICES THEY SHOULD NEVER BE ON AUTOPILOT. WE SHOULD NEVER BE COMPLACENT. WE SHOULD NEVER ASSUME WE'RE JUST GOING TO RENEW EVEN IF IT'S VERY LIKELY WE ALL AGREE JUST AS WE SAID AROUND HOMELESSNESS SERVICES FOR OUR CITIES AND OTHER CRITICAL SERVICES WE'RE OPERATING THE CONVENTION CENTER OR A THEATER. CONTINUITY OF OPERATIONS IS REALLY IMPORTANT BUT FRANKLY I THINK THAT 18 MONTHS AGO STAFF SHOULD HAVE COME TO FORMALLY AS A COUNCIL AND LET US KNOW THAT THIS RENEWAL WAS COMING FORWARD AND NOT BECAUSE WE WERE GOING TO SUDDENLY TO GO DO AN RFP AND COMPETITIVELY BID IT OUT. THERE'S THERE'S A REASON THAT WE'VE HAD THESE EXTENSIONS BAKED IN FOR THAT VERY CONTINUITY. BUT IT'S AN IMPORTANT MOMENT FOR US TO NEGOTIATE UPDATED TERMS FOR US TO TAKE ANOTHER LOOK AT OUR GOALS AND OUR METRICS AND AND FRANKLY YOU KNOW THAT DIDN'T HAPPEN. WE DIDN'T HAVE THE CONVERSATION IN ANTICIPATION OF THIS RENEWAL EARLY ENOUGH TO REALLY ALLOW THE COUNCIL TO INFLUENCE THE NEGOTIATION OF THE RENEWALS SUFFICIENTLY IN MY VIEW I ALSO THINK THAT THAT IS REFLECTED IN THE PRESENTATION HERE. THE SLIDES FRANKLY ARE INCREDIBLY HIGH. >> I DON'T SEE CONCRETE GOALS. HERE'S WHAT WE DID IN THE LAST FIVE YEARS HERE'S OUR COMMITMENT IMPROVEMENT IN THE NEXT FIVE YEARS. >> THERE'S SOME OF THAT IN THE MEMO BUT BUT YOU KNOW IT SAYS OPTIMIZE THE CONVENTION CENTER CULTURAL FACILITIES WHAT DOES THAT MEAN I SEE WE'RE RENAMING MINIMUM GUARANTEED TO PERFORMANCE BUT WHAT IS THE NEW PERFORMANCE BASED MODEL WE'RE PROPOSING IT JUST IT FEELS VERY PERFUNCTORY. >> IT FEELS LIKE IT'S ON AUTOPILOT AND I THINK OUR RESIDENTS DESERVE US ALWAYS LOOKING AT THIS PARTICULAR ROOM OR RENEWING FOR FIVE YEARS TO SAY WHAT CAN WE DO BETTER? HOW WHERE ARE WE GOING TO BE MORE AGGRESSIVE? WHAT DO YOU NEED FROM THE COUNCIL TO ENABLE YOU TO BE MORE AMBITIOUS AND MORE IMPACTFUL? >> AND I'M JUST NOT FEELING FROM THE PRESENTATION THE COMMENTS TODAY OR THE PROCESS LEADING UP TO RENEWAL THAT THAT HAS BEEN THE SPIRIT LATELY. SO I JUST I HAVE TO CONVEY THAT NOW I THINK WE'RE ABOUT TO RENEW THIS AND THAT'S GREAT. WE'LL DO A REQUEST FOR INFORMATION. WE'LL GET INFORMATION. WE WILL BE DOING AN RFP AT SOME POINT IN THE NEXT FIVE YEARS AND I AM ALSO CONCERNED THAT ANY IF ANYONE ON THIS COUNCIL HAS PREDETERMINED THAT THERE'S A PARTICULAR OPERATING MODEL. THAT'S RIGHT. WHETHER IT'S THE ROLL UP OF EVERYTHING IN THERE OR IT'S THE BIDDING OUT OF INDIVIDUAL FACILITIES AND COMPETITIVELY BIDDING THEM EACH OUT INDIVIDUALLY IF ANYBODY'S COME TO THAT CONCLUSION ALREADY THAT WOULD CONCERN ME BECAUSE WE HAVEN'T DONE AN RFI, WE HAVEN'T HAD ANY COUNCIL DISCUSSION THIS I'M JUST A LITTLE CONCERNED THAT WE'RE ON THE VERGE OF DOING A FIVE YEAR RENEWAL AT A TIME WHEN OUR PERFORMANCE MEASURE IS WERE LAST UPDATED IN 2017 BEFORE THE PANDEMIC. SO WE'LL RENEW THAT'S GREAT. WE'LL GO THROUGH THE PROCESS BUT I JUST I WANT TO PUSH US TO BE AMBITIOUS OUR RESIDENTS AND FRANKLY WHEN WE DO THAT IT'S GOING TO BE GOOD FOR OUR WORKERS AS WELL BECAUSE THERE'S GOING BE MORE ACTS, THERE'S GOING TO BE MORE CONVENTIONS, THERE'S GOING TO BE MORE WORK. AND SO I JUST I WANT US TO HAVE THAT SPIRIT OF ALWAYS PUSHING SETTING MORE AMBITIOUS GOALS AND ENSURING THAT WE DON'T ALLOW RENEWALS TO BE ON AUTOPILOT. SO THAT'S THAT'S WHERE I'M COMING FROM WITH IT'S NOT IN ANY WAY A CRITIQUE OF TEAM SALES. THERE'S SO MUCH AS FAR AS OUR PROCESS THAT LED US TO THIS POINT AND I THINK WE NEED TO DO BETTER. >> I'M CONFIDENT WITH THE MEMO WE'RE ABOUT TO PASS THAT WE WILL. >> SO WITH THAT I THINK WE'RE READY TO VOTE. COUNCILOR TORRES OKAY, GO AHEAD . >> THANK YOU FOR THAT MAYOR AND THANK YOU FOR QUESTIONS. COUNCILMEMBER FOLEY SO AS THE DOWNTOWN COUNCILMEMBER I DON'T WANT TO LEAVE WITHOUT SAYING THE LAST WORD BUT I, I SUPPORT TEAM SAN JOSE. I SUPPORT THE WORK THEY'RE DOING. THIS MEMO CALLS FOR ALL OF US TO WORK TOGETHER TO IMPROVE DOWNTOWN SAN JOSE AND SO I DEFINITELY GET THAT YOU KNOW AS A AS A AS AN ELECTED OFFICIAL IS IT A PERFECT MEMO NO BUT IT IT CALLS ON ALL OF US BEING ACCOUNTABLE FOR DOWNTOWN SAN JOSE. AND SO, YOU KNOW, I DO HAVE CONCERNS IT BUT AGAIN AS THE DOWNTOWN COUNCILMEMBER I CAN'T VOTE AGAINST IT BECAUSE I I THIS WORKED IS IMPORTANT NOT ONLY FOR OUR VIBRANCY BUT FOR [05:45:02] FOR FOLKS HERE FROM UNITE 19 SO SO I WILL I WILL BE SUPPORTING THE THE MOTION BUT I'M SO GLAD THAT I SERVE ON SAID BECAUSE TEAM SAN JOSE BECAUSE WE CAN CONTINUE TO HOLD EACH OTHER ACCOUNTABLE TO MAKE SURE THAT FOLKS UP HERE IN THE NEXT THREE OR FIVE YEARS FEEL A LITTLE BIT MORE COMFORTABLE VOTING ON YOUR CONTRACT AND THREE YEARS FROM NOW, FIVE YEARS FROM NOW, TEN YEARS FROM NOW ETC. SO SO THANK YOU. >> THANKS COUNCILMEMBER I APPRECIATE YOUR OF THE MEMO WHATSOEVER ANY OTHER AND I'M SORRY I'M LOSING MY VOICE AND ALSO HAVE ANY OTHER QUESTIONS OR COMMENTS NOT IN ANY TONI LET'S VOTE MOST MOTION PASSES EIGHT ONE WITH ORTIZ VOTING AGAINST OC GREAT THANK YOU ALL WE ARE ON TO ITEM 8.2 WHICH IS THE DOWNTOWN RESIDENTIAL HIGH RISE INCENTIVE PROGRAM EXTENSION AND WE HAVE A STAFF PRESENTATION SO LET STEPH MAKE THE SWITCHER IN THE BOX AND THEN WE'LL GET TO THE PRESENTATION. OKAY I CAN JUST THE MAYOR AND COUNCIL ROSLYN HUEY DEPUTY CITY MANAGER AS WE'RE GETTING READY STEPH JUST SIT FOR THE PRESENTATION. I JUST WANTED TO MAKE A FEW OPENING COMMENTS REGARDING THE DOWNTOWN RESIDENTIAL HIGH RISE PROGRAM AND REALLY CAN SUM IT UP IN ONE WORD AND THAT'S COLLABORATION AND SO HAVE BEEN WORKING FOR SEVERAL MONTHS. YOU SEE OUR DEPARTMENTS REPRESENT IT HERE HOUSING, TRANSPORTATION, PARKS, RECREATION, NEIGHBORHOOD SERVICES PLANNING BUILDING CODE ENFORCEMENT AND ECONOMIC DEVELOPMENT AND CULTURAL AFFAIRS. >> THE ONE THING THAT WE HAVE ALL AGREED ON AND PUSHING TOWARD IS HOW WE CAN COLLECTIVELY TOGETHER FACILITATE HOUSING DEVELOPMENT IN OUR DOWNTOWN AND WE KNOW IN DOING THAT IT'S GOING TO BE A CONVERSATION ABOUT OTHER POLICY GOALS THAT HAVE IN THE CITY AS WELL. SO WITH THAT I'M GOING TO TURN THE PRESENTATION OVER TO BLOCK A'S A LARGE DEPUTY DIRECTOR FOR EDC. >> THANK YOU ROSALYNN GOOD AFTERNOON MAYOR AND COUNCIL MEMBERS IS ROSALYNN BLOG IS THE KNOWLEDGE DEPUTY DIRECTOR IN THE OFFICE OF ECONOMIC DEVELOPMENT AND CULTURAL AFFAIRS THE BACKGROUND AND BASIS OF STAFF'S RECOMMENDATION TODAY STEMS FROM THE COST OF RESIDENTIAL DEVELOPMENT STUDY SESSION IN OCTOBER OF 2023. AT THAT TIME STAFF BROUGHT FORWARD BY CONSULTANTS CENTURY URBAN THAT DEMONSTRATED FEASIBILITY OF MARKET RATE DEVELOPMENT OF ALL TYPES THROUGHOUT CITY FIVE CONCEPTUAL PROTOTYPES CONSISTENT PROTOTYPES AND PREVIOUS REPORTS WERE STUDIED AND WE TOOK A LOOK AT FIVE STOREY LOW RISE BUILDING, A SEVEN STOREY MID-RISE BUILDING AND A 22 STOREY HIGH RISE BUILDING. THOSE WERE MARKET RATE WE DID A STUDY OF MARKET RATE AND AFFORDABLE FOR SALE AND RENTAL PRODUCTS. THE PROTOTYPES WERE ANALYZED IN SUBMARKETS ACROSS THE CITY INCLUDING DOWNTOWN THE CONSULTANT'S ANALYSIS FOUND THAT NONE OF THE PROTOTYPES WERE FEASIBLE UNDER THE UPDATED ANALYSIS. FURTHER THE FEASIBILITY GAP WAS THE MOST PROMINENT LOOKING AT TYPE ONE HIGH RISE RESIDENTIAL CONSTRUCTION. THE REPORT NOTED THAT RENTAL RATES IN CONDOMINIUM SALES PRICES HAD INCREASED BUT WERE INSUFFICIENT TO OFFSET THE HIGHER DEVELOPMENT COSTS. AND AS NOTED ON THIS SLIDE HERE BETWEEN 2020 AND 2023 TOTAL COSTS ACROSS PROTOTYPES INCREASE APPROXIMATELY 30% ONE IN THAT SAME APPROXIMATELY SAME TIME FRAME AVERAGE ASKING RENTS ACROSS THE CITY INCREASED ONLY 8%. >> THE COUNCIL COMMENTS AND DISCUSSIONS THAT OCTOBER STUDY SESSION WERE CENTERED AROUND THE QUESTION OF WHAT LEVERS THE CITY HAS UNDER ITS CONTROL TO SUPPORT HOUSING PRODUCTION AND WHAT THE IMPACT OF PULLING SOME OF THOSE LEVERS OR ALL OF THOSE LEVERS WOULD HAVE ON CITY SERVICE AND PROGRAM DELIVERY AS MENTIONED PREVIOUSLY, STAFF'S CONVERSATIONS AROUND THIS ISSUE HAVE BEEN EXTREMELY DIFFICULT. OUR RECOMMENDATION WAS NOT ARRIVED AT WITHOUT THOUGHTFUL CONSIDERATION IN WEIGHING A OF VERY IMPORTANT CITY OBJECTIVES AND INTENTIONS. >> ULTIMATELY WHERE WE LANDED IS THAT HOUSING IS THE PRIORITY AS NOTED ON THIS SLIDE SAN JOSE HAS ARENA GOAL OF 62,000 UNITS BY 2031 BY ANYONE'S COUNT THAT [05:50:08] IS QUITE A NUMBER OF UNITS IN A RELATIVELY SHORT CITY FEES ASSOCIATED WITH PRODUCTION REFLECT MULTIPLE IMPORTANT POLICY VALUES BY TRYING TO ADDRESS THESE VALUES ALL AT ONCE WE ADD COSTS THAT CONTRIBUTE TO MAKING HOUSING TOO EXPENSIVE BUILD UNDER OUR CURRENT ECONOMIC CONDITIONS. >> THE MAJOR DEVELOPMENT RELATED LEVERS THAT THE CITY THE ABILITY TO ADJUST ARE AROUND HOUSING AND PARK IMPACT AS WELL AS CONSTRUCTION TAXES STAFF'S OBJECTIVE WITH TODAY'S RECOMMENDATION IS TO FACILITATE HOUSING PRODUCTION WHILE STILL MAINTAINING SUPPORT OF OUR CITY PARKS TRANSPORTATION INFRASTRUCTURE, STAFFING AND THE ABILITY TO LEVERAGE OTHER SOURCES OF PROJECT FUNDING BECAUSE STUBBORNLY HIGH INTEREST RATES ARE TEMPERING DEVELOPMENT, WE DO FEEL THAT THE VALUE OF THE SUPPORT THAT WE ARE PROPOSING WITH OUR RECOMMENDATION TODAY WILL MOVEMENT IN DEVELOPMENT. >> I LIKE TO BRIEFLY JUST COMPARE STAFF'S RECOMMENDATION TO THE CURRENT EXISTING HIGH RISE PROGRAM WE ARE NOT RECOMMENDING ANY CHANGES TO THE MINIMUM BUILDING HEIGHT OR A NUMBER OF STORIES FOR AN ELIGIBLE DEVELOPMENT AND ARE MAINTAINING THE SAME PROGRAM GEOGRAPHY THE DOWNTOWN GROWTH AREA THE PROPOSED PROGRAM ALSO CARRIES FORWARD THE SAME WAIVER OF THE INCLUSIONARY HOUSING IN LIEU FEE AS THE CURRENT PROGRAM STAFF IS PROPOSING AN ADDITIONAL REDUCTION IN THE TWO MAJOR DEVELOPMENT CONSTRUCTION TAXES THE COMMERCIAL RESIDENTIAL MOBILE HOME PARK AND BUILDING AND STRUCTURES TAX AND A REDUCTION THE DOWNTOWN PARKS FEE OBLIGATION SO. >> WE ARE PROPOSING A TWO PHASE PROGRAM THAT WOULD RUN FOR APPROXIMATELY AND A HALF YEARS IN PHASE ONE YOU'D HAVE THE DEEPEST DISCOUNT OF A 100% REDUCTION IN THE TWO CONSTRUCTION TAXES AND A 50% REDUCTION IN A DEVELOPMENT'S PARK FEE OBLIGATION. >> THERE WOULD STILL ON TOP OF THAT BE THE OPPORTUNITY TO THE PARKS FEE OBLIGATION UP TO AN ADDITIONAL 50% BY BUILDING ON SITE PRIVATE RECREATION AND AMENITIES STAFF PROPOSES THERE WOULD BE THE FIRST THOUSAND UNITS IN THE PHASE ONE AND THAT WOULD MEAN THAT A BUILDING PERMIT WOULD HAVE BE ISSUED BY DECEMBER 31ST OF 2025 AND THE FIRST INSPECTION PASSED WITHIN 12 MONTHS OF THAT ISSUANCE. >> OUR GOAL IS TO INCENT THE SUPPORT OF HOUSING PRODUCTION AS QUICKLY AS POSSIBLE. >> IN PHASE TWO WE'D HAVE A 50% REDUCTION IN THE CRIMP IN VNS WHICH IS WHAT THE CURRENT PROGRAM CALLS FOR AND WE HAVE AND WE WOULD HAVE A SMALLER REDUCTION IN THE PARKS FEE OBLIGATION. THERE'D BE A 30% REDUCTION IN THE PER UNIT OBLIGATION. PHASE TWO WOULD BE POTENTIALLY UP TO THE REMAINING 3078 UNITS THAT WE HAVE CURRENTLY ENTITLED IN THE DOWNTOWN CORE AND IT WOULD BE FOR A YEAR 12 MONTHS FOLLOWING THE END OF PHASE ONE AGAIN WITH THE OBLIGATION TO PASS BUILDING INSPECTOR THEIR FIRST INSPECTION WITHIN 12 MONTHS OF PULLING THEIR BUILDING PERMIT TAXES AND FEES PARKS TV'S AND CONSTRUCTION TAXES WOULD BE DUE A CERTIFICATE OF OCCUPANCY OR FIVE YEARS FROM THE DATE THAT A PROJECT PULLS THEIR BUILDING PERMIT. YOU CAN SEE ON THIS SLIDE THE STAKEHOLDER ENGAGEMENT WAS CONDUCTED AS PART OF THE EFFORT TO BRING FORWARD A RECOMMENDATION TODAY STAFF DID ISSUE A SUPPLEMENTAL MEMORANDUM ON JULY 12TH SUMMARIZING MORE SPECIFICALLY THE FEEDBACK OF THESE PRIMARY STAKEHOLDER GROUPS STAFF'S RECOMMENDATION TODAY AROUND THE HIGH RISE PROGRAM IS A TWO PHASE PROGRAM TO ENCOMPASS UP TO 4078 UNITS WHICH IS THE CURRENT NUMBER OF UNITS ENTITLED IN THE DOWNTOWN GROWTH AREA. >> IT ALSO ENCOMPASSES ADDITIONAL REDUCTIONS TO THE CONSTRUCTION TAX IN PHASE ONE AND A REDUCTION IN THE PARKS PROJECT IN THE PROJECTS PARK FEE OBLIGATION IN PHASE ONE AND TWO AND IT CHECK BACK WITH COUNCIL IN APPROXIMATELY A YEAR FROM NOW. >> STAFF IS ALSO LOOKING FOR COUNCIL DIRECTION AS TO WHETHER WE SHOULD TO PURSUE ANY SORT OF RESIDENTIAL DEVELOPMENT INCENTIVE PROGRAM IN GROWTH AREAS OUTSIDE OF THE DOWNTOWN. AND TO THAT POINT I WOULD LIKE TO ACKNOWLEDGE THE MEMORANDUM SUBMITTED BY THE MAYOR VICE MAYOR AND COUNCILMEMBER DAVIS COUNCILMEMBERS, DAVIS TORRES AND KEN DALLAS AS WELL AS THE MEMORANDUM SUBMITTED BY [05:55:07] COUNCILMEMBERS COHEN AND JIMENEZ. >> AND THAT CONCLUDES STAFF'S PRESENTATION. WE ARE ALL HERE AVAILABLE FOR ANY QUESTIONS THAT YOU HAVE. THANK YOU THANK YOU LONG I APPRECIATE THAT. THANKS TO YOU ALL FOR THE PRESENTATION AND PROPOSAL. >> TONI DO WE HAVE PUBLIC COMMENT? YES, I HAVE 16 CARDS SO FAR. I'M GOING TO CALL YOUR NAME. PLEASE COME TO THE MICROPHONE. THE FIRST PERSON THE MICROPHONE GETS TO SPEAK. EVERYBODY ELSE SIT IN THE FRONT ROW. I'LL CALL ABOUT FIVE NAMES TO START. I'M LARRY AMES, MICHAEL BERTRAM, BILL RANKIN JOSEPH CARILLO AND STATON SKIP TO START. >> HI LARRY AMES NOW SPEAKING ON BEHALF OF THE SAN PARKS AND REC COMMISSION AS WE SAID IN OUR LETTER WE THAT YOU REJECT POINT C THE DISCOUNT FOR THE HIGH RISE PARK FEE AND POINT D THE STUDY EXTENDING THE DISCOUNT PROGRAM BEYOND AND NOW TO LOW AND MID-RISE HOUSING HOUSING AND PARKS ARE BOTH IMPORTANT PARTS OF THE CITY WE CAN'T HAVE A CITY WITHOUT HOUSING BUT ALSO WE WON'T HAVE A THRIVING AND ATTRACTIVE CITY WITHOUT QUALITY PARKS. >> THE WAY TO ENCOURAGE DOWNTOWN RESIDENTIAL DEVELOPMENT IS TO MAKE DOWNTOWN MORE LIVING MORE ATTRACTIVE WITH MORE QUALITY PARKS. >> THE PARK FEES ARE MINOR COMPARED TO THE DEVELOPER'S HIGH COST OF LAND MATERIALS AND THE COSTS OF THE BORROWED MONEY. BUT THE PARK FEES CRITICAL TO THE PARKS THE CITY'S PARKS PROVIDING A MAJOR OF THE FUNDS THAT BUILD AND MAINTAIN OUR PARKS IN MANY PARTS OF THE CITY. THE ONLY WAY THE PARK CAN BE REPAIRED OR ENHANCED IS IF THERE IS A NEARBY DEVELOPMENT THAT WILL PROVIDE THE PARK FEES . >> THANK YOU. THAT'S YOUR TIME NEXT. SPEAKER MAYOR COUNCIL MY NAME IS MICHAEL BERTRAM AND VICE PRESENT OF THE OAKS NEIGHBORHOOD ASSOCIATION IN NORTH SAN JOSE. I'M COMING HERE BECAUSE WE'RE CONCERNED ABOUT THE PROPOSAL TO A STUDY EXTENDING THE EXTREME PARK FEE REDUCTIONS BEYOND OR BEYOND DOWNTOWN. WE FEEL THAT A SEVERE REDUCTION IN PARK FEES IN NORTH SAN JOSE COULD AFFECT THE PROPOSED PARK AT THE SEELEY PROJECT AND ALSO COULD IMPACT THE DEVELOPMENT OF THE PARK SITE AT PARK SITE AT AGNEW'S. THE CITY HAS OWNED THAT PROPERTY YEARS IS OVER 20 ACRES. IT'S CURRENTLY NOT DEVELOPED IN A SAFETY HAZARD. WE FEEL THAT DEVELOPMENT INTRODUCED INTO EXISTING NEIGHBORHOODS IS IMPACTFUL FOR THEIR NEIGHBORHOODS. ONE OF THE SMALL BENEFITS GET IS THE DEVELOPMENT OF PARKS AND WE DON'T WANT TO SEE THAT END. >> THANK YOU. THANK YOU. NEXT SPEAKER I'M ALSO GOING TO CALL DOWN JEAN DRESDEN AND MORGAN CHEEK HI, MY NAME IS RANKIN. GREAT CITIES HAVE GREAT PARKS AND GREAT PARKS MAKES CITIES GREAT. >> ONE THING LEADS TO THE OTHER WE ALL WANT SAN JOSE TO BE GREAT WE HAVE SO MUCH OF OUR PARKS AND REC DEPARTMENT HOMELESS ISSUES CREATING NEW PARKS TO ACCOMPANY NEW BUILDINGS. PARK MAINTENANCE ARE JUST SOME OF WHAT WE ASK FROM OUR PARKS DEPARTMENT. >> PARKS NEED MONEY TO OPERATE. WE ADVOCATE OUR CITY AND OUR PARKS DO NOT EXPECT THAT DEVELOPERS SHOULD NO MONEY JUST THE OPPOSITE. HOWEVER REDUCING PARK FEES AT THIS TIME IS A SELF-INFLICTED GUT PUNCH. WE ALL WANT TO SEE CRANES ON OUR WATCH BUT THE AMOUNT OF SAVED BY REDUCING PARK FEES IS SUCH A SMALL PERCENTAGE OF THE OVERALL PRICE OF BUILDING THE REDUCTION OF THOSE PARK FEES IS JUST SOMETHING WE CAN'T AFFORD. THE TIME IS COMING THAT INTEREST RATES WILL COME DOWN AND HOPEFULLY PROFITS WILL INCREASE WITH BUT ONCE THE PARK MONEY IS GONE WE WILL NEVER GET IT BACK. >> OUR PARKS AND OUR CITY WILL BE LUCKY THAT YOUR TIME NEXT SPEAKER SPEAKER AND ALL THE MAYOR COUNCIL IDEAS OXYGEN SKI CEO OF SAN JOSE DOWNTOWN ASSOCIATION I'M HERE TODAY TO SPEAK BEHALF OF THE CITY AND OUR 2000 MEMBERS. WE ARE IN SUPPORT OF THE DOWNTOWN RESIDENTIAL HIGH RISE INCENTIVES EXTENSION FOR OUR STUDIO A DOWNTOWN HIGH RISE MEANS MORE RESIDENTIAL DENSITY, MORE ICE ON THE STREET MORE [06:00:05] DEMAND FOR SMALL BUSINESS, MORE ATTENDEES AT EVENTS AT MORE SUPPLY OF HOUSING WHICH WOULD MAKE DOWNTOWN MORE AFFORDABLE OVER TIME. HIGH RISE REAL ESTATE DEVELOPMENT IN DOWNTOWN IS VIRTUALLY NONEXISTENT AT THIS MOMENT AND COMPARED TO EXPLOSION OF THE COST OF TWO BUILDS THESE INCENTIVES ARE RATHER HUMBLE BUT WE FIND THEY'RE STILL VERY IMPORTANT AND SHOW GOODWILL TO DEVELOPERS TO COME TO DOWNTOWN AND BUILD. WE URGE YOU TO SUPPORT THE SIX 1824 MEMORANDUM FROM COUNCILMEMBER DAVIS WHICH INCORPORATES EFFORTS FROM THE MAYOR VICE MAYOR TOURIST DAVIS CATLETT THANK YOU. >> NEXT SPEAKER I'D ALSO LIKE TO CALL RING AND JOSH BURROWS TO COME ON DOWN. >> THANKS. HI I'M JEAN DRESDEN, A PARK ADVOCATE AND I'D LIKE TO POINT OUT THAT YOU RECEIVED OVER 175 LETTERS IN OPPOSITION THIS ACTION REPRESENTING OVER 200 INDIVIDUALS WITH A VARIETY OF BACKGROUNDS INCLUDING FORMER COUNTY SUPERVISORS BLANCA ALVARADO AND ROD DIRIDON WE NOTED THAT THE SUPPLEMENTAL STAFF MEMO HIGHLIGHTED THAT THE STAKEHOLDER MEETING WITH DEVELOPERS THE DEVELOPERS ACKNOWLEDGE THAT THE MODEST FEES FROM THE PARK FEES WOULD NOT MAKE A DIFFERENCE IN MAKING INCENTING AND MOVING FORWARD IN THIS ENVIRONMENT. >> WE ALSO KNOW THE ANNUAL PRODUCTION SINCE THESE PARK FEE REDUCTIONS STARTED HAS ONLY BEEN ABOUT 120 UNITS PER YEAR A 10,000 UNIT GOAL AS IN MAYOR COHEN'S ACT GROUP WOULD BE ABOUT 15 YEARS FROM NOW BEFORE IT WOULD BE THANK YOU NEXT SPEAKER GOOD AFTERNOON MAYOR MEHAN AND MEMBERS OF COUNCIL. MY NAME IS MORGAN CHEEK. I AM A PROJECT EXECUTIVE WITH THE HANOVER COMPANY. I'M HERE TO SPEAK IN SUPPORT OF THE MEMO PREPARED BY MERRIMAN VICE MAYOR CAMERON COUNCILMEMBERS CANDLES AND TORUS IN ADDITION TO BOOSTING HOUSING PRODUCTION, THE MEMO ASKS STAFF TO RETURN SEPTEMBER WITH FEE INCENTIVES UNLOCK EXISTING MULTIFAMILY PROJECTS OUTSIDE THE DOWNTOWN THIS MEMO ACKNOWLEDGES THAT THE HOUSING FEASIBILITY CRISIS IS NOT LIMITED TO ONE AREA NOR IS IT LIMITED TO HIGHRISE CONSTRUCTION. >> THERE ARE TWO WAYS TO INCREASE THE FINANCIAL RETURNS FOR A PROJECT. >> ONE IS REACTIVE AND ONE IS PROACTIVE. THE REACTIVE WAY IS TO SIMPLY DO NOTHING EVENTUALLY AS NEW FALLS OFF A CLIFF RENTS WILL INCREASE AS DEMAND HOUSING OUTPACES SUPPLY WHILE HIGHER HIGHER INCREASE FINANCIAL RETURNS. THIS APPROACH DOESN'T HELP HOUSING PRODUCTION AND CRITICALLY IT HURTS RENTERS. THE PRODUCT THE THANK YOU NEXT SPEAKER I'M ALSO GOING TO CALL DOWN DOUG BLOCK DANNY MANGAN AND DOMINIQUE TRIANO. GO AHEAD. THANK YOU MAYOR AND COUNCIL JOSH BURROWS WITH URBAN CATALYST. >> I JUST WANT TO SAY A BIG THANKS TO ALL THE DIVISIONS OF STAFF THAT WORKED ON PULLING THIS ALL TOGETHER URGE COUNCIL TO SUPPORT THE JUNE 18TH BLUE MEMORANDUM FROM COUNCILMEMBER DAVIS WHICH INCORPORATES I BELIEVE ADDITIONAL SEVEN COUNCIL MEMBERS FEEDBACK TO ACHIEVE THE VISION OF A THRIVING DOWNTOWN WHILE INCREASING THE TERM CONSISTENT ANNUAL GENERAL FUND REVENUE THROUGH THE INCREMENTAL PROPERTY TAX INCREASES THAT THESE BUILDINGS PROVIDE AND THE ADVANCEMENT OF ADDITIONAL SALES TARGET TAXES THAT COME FROM 25,000 NEW HUMANS SUPPORTING OUR DOWNTOWN MUSEUMS THEATERS, NONPROFITS, RESTAURANTS AND RETAILERS SO THEY DO NOT HAVE TO SURVIVE ON JUST TWO NIGHTS A WEEK OF BUSINESS. >> THESE MARKET RATE PROJECTS ARE AN INSURANCE POLICY FOR ANTI DISPLACEMENT. THANK YOU. NEXT SPEAKER GOOD AFTERNOON. EVENING MAYOR MEHAN AND COUNCIL MEMBERS MY NAME IS PAUL RING. I'M A PARTNER WITH URBAN CATALYST AND A HOUSING DEVELOPER DOWNTOWN FOR THE LAST 20 YEARS I'M HERE TO SPEAK IN SUPPORT OF THE THE MOTION AND THE THE MEMO THAT COUNCILMEMBER DAVIS AND DRAFTED ON THE 18TH AND BEEN DONE COLLABORATIVELY WITH THE MAYOR [06:05:07] AND OTHER COUNCIL MEMBERS. >> I'M EXCITED ABOUT POLICY IT'S IT'S VERY THOUGHTFULLY DONE AND IT'S EFFECTIVE AT ADDRESSING THE HEART OF THE AND PRODUCTION OF HOUSING IT'S RECOGNIZING THE DEEP HEADWINDS OF THAT HAS TO BE BOLD AND IT ALSO THE DEEP FOR HOUSING SO I'M ENCOURAGED BY THE LEADERSHIP OF THE COUNCIL ALL OF THE WORK THAT STAFF HAS PUT IN TO MAKE THIS COME FORWARD. >> SO I LOOK FORWARD TO SUPPORTING IT. THANK YOU. THANK YOU. NEXT SPEAKER GOOD AFTERNOON AND AGAIN I'M STILL DOUG BLOCK WITH ,THE SILICON VALLEY MAPS AND THE QUESTION WE HAVE ALWAYS ASKED ABOUT THIS PROGRAM IS HOW DO WE BALANCE THE NEEDS TO BUILD HOUSING WITH OUR EQUITY GOALS AND USING INVESTMENTS TO FURTHER THOSE? >> WE'VE BEEN VERY FLEXIBLE DEALING WITH DEVELOPERS TO HELP MAKE THEIR PROJECTS PENCIL OUT AND THOSE DEVELOPERS DESERVE SUPPORT. NOW INSTEAD OF ASKING YOU TO MANDATE WORKFORCE STANDARDS LIKE OTHER BAY AREA CITIES HAVE WE ASKED YOU TO CONSIDER ENCOURAGING DEVELOPERS TO MEET HIGHER STANDARDS AND UNFORTUNATELY THIS PROPOSAL HAS NO STANDARDS AT ALL SO WE CANNOT SUPPORT IT NOR HAVE WE HAD REALLY ANY MEANINGFUL OPPORTUNITY TO ENGAGE STAFF AROUND THESE IDEAS AND SO WE WOULD RESPECTFULLY ASK YOU TO DEFER THE ITEM JUST AS YOU THE RESPONSIBLE CAN. >> THANK YOU. NEXT SPEAKER I'D ALSO LIKE TO CALL WILL SMITH AND FORREST PETERSON AND MATTHEW. >> GOOD EVENING MAYOR CITY COUNCIL. CITY COUNCIL YOU KNOW I'M GOING TO PIGGYBACK THE LAST SPEAKER THERE, DOUG BLOCK. MY NAME IS DANNY MACON. I'M WITH THE SPRINKLER FITTERS LOCAL 43 I'M A UNION REP ALSO A PART OF THE SILICON MAPS AND YEAH, YOU KNOW, KIND OF WHAT DOUG SAID WE'RE WE'RE FLEXIBLE WITH DEVELOPERS TO TRY AND MAKE THE PROJECTS WORK AND AND YOU KNOW WE NEED THE CITY AND DEVELOPERS TO WORK WITH US AND BE FLEXIBLE AS WELL. >> YOU KNOW WE CAN'T JUST GIVE OUT, YOU KNOW, MONEY WITH WITH NO STRINGS ATTACHED, YOU KNOW SO WE AGAIN AS DOUG SAID, I WOULD LIKE TO SEE THIS DEFERRED. >> SO THANK YOU FOR YOUR TIME. THANK YOU. NEXT SPEAKER GOOD EVENING MAYOR AND COUNCIL MEMBERS. >> MY NAME IS DOMINIC GIORDANO AND I REPRESENT MEMBERS OF THE SHEET METAL WORKERS UNION LOCAL 104 OUR MEMBERS FEEL FIRSTHAND THE NEED TO BUILD MORE HOUSING IN SAN JOSE AND MANY OF THESE MEMBERS DRIVE LONG DISTANCES AS THE HOUSING DEMANDS EXCEEDS THE SUPPLY DRIVING UP HOUSING COSTS BEYOND WHAT THEY'RE ABLE TO AFFORD. LOCAL 104 AS MEMBERS WHO ARE CURRENTLY ON HIGH RISE BUILDINGS IN THE DOWNTOWN, MANY OF THESE PROJECTS WE NEGOTIATED WITH DEVELOPERS TO MAKE THE PROJECT WORK FOR THEM. >> AN EXAMPLE IS WE ADJUSTED OUR RATIOS TO ALLOW LOWER PAY CLASSIFICATIONS AND MORE APPRENTICES PER JOURNEY PERSONS I WOULD ASK THAT THE CITY FOSTERING AN ENVIRONMENT WHERE NOT ONLY DEVELOPMENT IS INCENTIVIZED BUT THAT THE REWARDS DEVELOPERS AT HIRE RESPONSIBLE THAT TRAIN AND UTILIZE USING LOCALLY APPRENTICES. >> IT'S HARD TO SUPPORT GIVING MONEY TO DEVELOP INDUSTRY. >> THANK YOU NEXT SPEAKER GOOD EVENING FAIR AND COUNCIL WILL SMITH WITH IBEW 332 SINCE THE BIRTH OF THIS PROGRAM IT'S BEEN A FAILURE. >> THE REALITY IS IS THESE INCENTIVES AND FEE BREAKS THAT ARE GIVEN TO DEVELOPERS ARE TO ENCOURAGE MORE DEVELOPMENT IN DOWNTOWN MORE HIGH RISE DEVELOPMENT BUT YET WE FAIL TO SEE THESE CRANES GOING UP IN THE AIR. >> YOU'VE HEARD FROM COMMUNITY, YOU'VE HEARD FROM LABOR THERE'S NO STANDARDS THERE IS NO PARK FEES. >> THINGS ARE BEING WAIVER TAXES SO ON AND SO FORTH. SO WHO'S REALLY BENEFITING FROM THIS PROGRAM? >> I DON'T THINK THE COMMUNITY IS IN ANY WAY SHAPE, FASHION FORM. IT'D BE ONE THING IF WE SEE THESE BUILDINGS GOING UP AND WE SEE CRANES UP IN THE AIR BUT WE DON'T SEE THAT HAPPENING. >> WE DON'T SEE IT HAPPENING. >> SO WITHOUT ANY TYPE OF LABOR STANDARDS, ANY TYPE OF BENEFIT FOR THE COMMUNITY I DON'T UNDERSTAND THE PURPOSE OF THIS BESIDES STUFFING MILLIONS OF DOLLARS INTO DEVELOPERS AND CONTRACTORS POCKETS BECAUSE THOSE ARE THE ONLY PEOPLE HERE TODAY THAT HAS SUPPORTED THIS. >> THANK YOU. THANK YOU. NEXT SPEAKER SPEAKER THAT'S GOOD AFTERNOON MATTHEW DIRECTOR OF POLICY AT SILICON VALLEY [06:10:11] AT HOME. MY APOLOGIES. OUR LETTER CAME IN EARLY THIS MORNING WE SUPPORT HOUSING BOTH MARKET RATE AND AFFORDABLE WE HAVE TRADITIONALLY SUPPORTED THE DOWNTOWN RESIDENTIAL HIGH RES WAIVER OF AFFORDABLE HOUSING FEES AND. WE SUPPORT STAFF'S RECOMMENDATION TO EXTEND FOR 4000 UNITS. WE'VE DONE THIS BECAUSE HIGH RISE IS A DIFFERENT BUILDING TYPE STEEL AND CONCRETE CRITICAL TO A HIGH DENSITY DOWNTOWN AND SIGNIFICANTLY MORE EXPENSIVE. YOU'VE HEARD TODAY THERE ARE A LOT OF OTHER INTEREST AT AND THE RENTS DOWNTOWN HAVE NOT BEEN HIGH ENOUGH TO SUPPORT THEIR CONSTRUCTION WE DO NOT SUPPORT EXPANDING THIS TARGETED INCENTIVE TO RESIDENTIAL DEVELOPMENT THROUGHOUT THE CITY. WE DO LOOK FORWARD TO A MEANINGFUL CONVERSATION ABOUT THE MULTIPLE WAYS THAT HAVE YET TO BE THANK YOU NEXT SPEAKER SPEAKER THANK YOU COUNSEL AND MAYOR MY NAME IS FOREST DOCTOR PETERSON FROM STANFORD UNIVERSITY WHERE I LEAD THE WORKFORCE LAB. >> AND SO AS YOU'VE HEARD ME SPEAK THIS MORNING ON LABOR STANDARDS, THE OTHER TOPIC THAT GOES WITH LABOR STANDARDS AT THE WORKFORCE LAB IS IS APPRENTICESHIP EDUCATION. SO GIVEN THAT LABOR STANDARDS IS AT REST I CAN TURN ON LOOSE LEAF TODAY AND WHAT I WANT TO MAKE A COMMENT IS THAT THE APPRENTICESHIP PROGRAM THAT YOU'RE HEARING THAT'S THE HIGH WAGE HIGH SKILL WORKFORCE THAT'S A FOOTHILL COLLEGE DOES THE WHAT YOU'RE HEARING ABOUT APPRENTICESHIP THOSE ARE COLLEGE STUDENTS AT FOOTHILL COLLEGE WHERE THEY GET COLLEGE CREDIT FOR WORKING IN THE APPRENTICESHIP PROGRAM TAKES FIVE YEARS WHICH IS A PATHWAY ON THE HIGH ROAD WORKFORCE TO DEGREES AT CSU CHICO HAYWARD SAN JOSE STATE. SO IT'S INCREDIBLY IMPORTANT THAT YOU DON'T THAT APPRENTICESHIP PROGRAM AND IT'S CONTINUED TO BE FUNDED AND TO SUPPORT THANK YOU THANK YOU NEXT SPEAKER OH I DON'T I DON'T THINK I CALLED THIS ONE. BLAIR I CALLED JOSEPH BLAIR. I THINK YOUR CARD STUCK TO SOMEBODY ELSE'S SO I HAVE TWO CARDS I CALLED JOSEPHINE BLAIR AND HI THANK YOU AND GOOD TO HEAR PUBLIC COMMENT ON THIS ITEM TODAY. I LEARNED A LOT. IT'S A LEARNING PROCESS FOR MYSELF SO I JUST WANTED TO THANK EVERYBODY FOR THAT. >> GOOD LUCK ON THIS ITEM FOR EVERYONE. THANK YOU. I DON'T SEE JOHN I DON'T I DON'T SEE JOSEPH DOWN SO I'LL GO BACK TO COUNCIL. >> OKAY THANK YOU TONI. I APPRECIATE THAT. JUST KEPT MY SCREEN SET UP HERE AGAIN. YEAH. APPRECIATE THE THE VARIOUS MEMOS THAT HAVE COME OUT AND STAFFS WORK ON THIS AND THE STAFF BRIEFING I RECEIVED I KNOW IT'S THERE'S BEEN A LOT OF WORK DONE ACROSS MANY DEPARTMENTS AT CITY HALL TO GET TO THIS POINT AND A LOT OF EXTERNAL AS WELL. I APPRECIATED COUNCILMEMBER DAVIS'S BLUE MEMO THAT I THINK IS A VERY COMPROMISE AND BRINGS TOGETHER THE GROUP MEMO THE BROWN ACT I'M A PART OF WITH ELEMENTS OF THE MEMO FROM COUNCIL MEMBERS COHEN AND JIMENEZ AND I THINK IT GIVES US A PATH FORWARD THAT TRIES TO HELP ADDRESS WE SHOULD BE CLEAR THE CITY DOESN'T HAVE ENOUGH LEVERS ON OUR OWN TO DO. I THINK TOO ONE OF THE POINTS THAT WAS MADE BY THE SPEAKER FROM HOME THESE PROJECTS HAVE BEEN REALLY CHALLENGED IN SAN JOSE. IN FACT IT'S PRECISELY THE LACK OF CRANES THAT LEADS US TO WANT TO LOOK AT EXTENDING AND DEEPENING THIS INCENTIVE AND FINDING OTHER THINGS TO DO. I ESPECIALLY IN TERMS OF THE LEVERS WE HAVE AT OUR DISPOSAL IT'S INCREASING SPEED AND CERTAINTY IN ADDITION TO REALLY MINIMIZING UPFRONT ONE TIME FEES THAT FRANKLY WE'RE NOT GETTING IN THE DOWNTOWN IN PARTICULAR BECAUSE WE'RE NOT BUILDING MUCH OF VERY SMALL NUMBER OF HIGH RISE RESIDENTIAL BUILDINGS THAT WERE COMPLETED OVER THE LAST SEVEN OR EIGHT YEARS ACTUALLY. I KNOW FROM TALKING TO THOSE DEVELOPERS THAT ACTUALLY THIS FEE WAS IMPORTANT IN GETTING THAT PROJECT JUST TO THE POINT OF BEING ABLE TO PENCIL TO GET AND THAT'S ON A VERY SMALL NUMBER OF PROJECTS. WE ALL WANT TO SEE A LOT MORE. >> I THINK THE ONE OF THE SHIFTS THAT WE'RE TRYING TO MAKE WITH THE GROUP MEMO THAT I WAS PART OF THAT'S INCLUDED IN COUNCILMEMBER DAVIS'S BLUE MEMO [06:15:01] THAT INCORPORATES A COUPLE OF DIFFERENT MEMOS FROM ACROSS SEVEN COUNCIL MEMBERS IS TO TRY TO START KEEPING THE MILESTONES OFF UNIT PRODUCTION AND MOVING AWAY FROM WHAT I THINK IS A FAULTY ASSUMPTION THAT IF WE CREATE A DEADLINE IN 18 MONTHS WE CAN JUST TELL THE MARKET SOMETHING IS GOING TO PENCIL. I MEAN IF ANYTHING THE FOLKS WHO HAVE PUT IN ENTITLEMENTS ARE VERY INCENTIVIZED TO GET THAT FUNDING AND GOING BECAUSE THAT'S THAT'S HOW THEY MAKE MONEY AND SO IF ANYTHING WHAT WE'RE TRYING TO DO IS CREATE A POLICY THAT CREATES INCENTIVES UP UNTIL THE POINT WHERE DOWNTOWN HAS ENOUGH DENSITY THAT WE HIT A CRITICAL MASS WHERE THE MARKET DYNAMIC STARTS TO SHIFT BECAUSE THE FUNDAMENTAL PROBLEM WE HAVE WITH HIGH RISE DEVELOPMENT IN OUR DOWNTOWN IS THAT OUR COST OF CONSTRUCTION AND OUR INDEPENDENT RESEARCH HAS SHOWN THIS OVER AND OVER AGAIN OUR COST OF CONSTRUCTION IN IS A IS A REGIONAL PHENOMENON AS PART OF A REGIONAL MARKET AND THAT TYPE OF CONSTRUCTION IS EXTREMELY EXPENSIVE AND IT COSTS US JUST AS TO BUILD IT IN OUR DOWNTOWN AS IT DOES IN PALO ALTO OR SAN FRANCISCO OR ANYWHERE ELSE IN THE REGION. >> BUT OUR RENTS ARE LOWER AND UNTIL WE CAN GET OUT OF THIS CHICKEN AND EGG PROBLEM AND GET TO THAT LEVEL OF SIGNIFICANT RESIDENTIAL DENSITY DOWNTOWN WITH ALL OF THE FOOT TRAFFIC AND VIBRANCY AND CONSUMER BASE SMALL BUSINESSES AND PATRONS FOR THOSE CULTURAL WE JUST TALKED ABOUT A MOMENT AGO, IT'S VERY HARD TO SEE HOW WE'RE GOING TO GET THE RENTS DOWNTOWN TO A PLACE AGAIN THIS IS FOR THE MARKET SIDE TO ACTUALLY GET TO A PLACE WHERE THESE PROJECTS ARE GOING TO PENCIL THE HIGH COST OF CONSTRUCTION THAT WE FACE REGIONALLY FOR THIS TYPE OF CONSTRUCTION AGAIN AND WE HAVE A REAL INTEREST IN INCENTIVIZING IT FOR ALL REASONS I JUST GAVE BUT PERHAPS ALSO FROM A SUSTAINABILITY THE NEXT HUNDRED THOUSAND PEOPLE WHO LIVE IN OUR CITY CAN'T LIVE IN BY US JUST PAVING SOUTH COUNTY OR COYOTE VALLEY OR GOING UP INTO THE HILLS WE'VE WE'VE VERY INTENTIONALLY SAID WE WANT TO SEE INFILL THAT THERE ARE A LOT OF BENEFITS IN TERMS OF LESS TRAFFIC LESS POLLUTION USE OF PUBLIC TRANSIT, MORE WALKABILITY AND TRANSPORTATION. >> BUT IF WE WANT TO BUILD UP WE'VE GOT TO RECOGNIZE WHEN IT'S NOT HAPPENING AND TRY TO DO EVERYTHING WE CAN WITHIN OUR POWER WHICH AGAIN VERY LIMITED WE DON'T HAVE THE UNILATERAL ABILITY TO FORCE THE MARKET TO GO BUILD HIGH RISE RESIDENTIAL BUT WE SHOULD LOOK I THINK AT EVERY LEVER WE DO HAVE AND TRY TO PULL EVERY SINGLE ONE OF THEM TO GET TO A PLACE WHERE WE START TO THAT KIND OF DENSE RESIDENTIAL INFILL HAPPENING IN THE PLACES WHERE WE WANT IT PARTICULARLY IN DOWNTOWN. SO I THINK THAT I THINK THE WERE DAVIS BLUE MEMO IS VERY SENSIBLE. I THINK IT'S BALANCED. I THINK IT GIVES US THE BEST SHOT WE HAVE TO GETTING TO THAT DENSITY IN THAT CRITICAL MASS IN OUR DOWNTOWN I THINK IT'S ALSO VERY REASONABLE TO AT LEAST AT GIVEN THE HOUSING CRISIS WE FACE GIVEN THE HOUSING ELEMENT WE ALL JUST SIGNED UP FOR THAT WE'RE NOT EVEN CLOSE TO BEING ON TRACK TO MEETING PARTICULARLY IN TERMS OF THE MARKET RATE AT THE MOMENT JUST GIVEN THE TREND LINE THESE WERE REASONABLE TO LOOK ACROSS THE CITY AND SAY WHAT ELSE SHOULD WE BE DOING? WE'RE NOT MAKING ANY COMMITMENTS OUTSIDE OF THE DOWNTOWN HERE TONIGHT. WE'RE ASKING STAFF TO DO MORE ANALYSIS AND COME BACK AND TELL US OUR OPTIONS ARE AND ASIDE FROM THIS INCENTIVE WE'RE GOING TO HAVE MORE CONVERSATIONS. I THINK WE NEED TO HAVE MORE CONVERSATIONS ABOUT OTHER THINGS THAT ARE NOT PART OF THIS ITEM TONIGHT LIKE FURTHER STREAMLINING AND SPEEDING UP APPROVALS AND DOING EVERYTHING WE CAN TO GIVE GREATER SPEED AND REALLY GREATER CERTAINTY TO THE MARKET. SO MUCH MORE TO DISCUSS BUT I THINK THIS IS A MEANINGFUL STEP FORWARD AND I'M GOING TO NOW TO COLLEAGUES STARTING WITH OUR DOWNTOWN COUNCILMEMBER COUNCILMEMBER TORRES. >> GREAT. THANK YOU, MAYOR AND. THANK YOU FOR THE FOLKS WHO CAME OUT I'M I'M JUST TOO JUST JUMPING IN HERE SO I'M MOVING TO APPROVE COUNCILMEMBER DAVIS'S MEMO. THE ONE THAT SHE SUBMITTED JUNE 18TH AND I COULD READ THE WHOLE THING BUT THINK WE ALL HAVE IT ON OUR HAND SO I'M JUST GOING TO MOVE TO APPROVE COUNCILMEMBER DAVIS'S MEMO SO OKAY, GREAT. THANK YOU. AND IT IS FOR THOSE WHO ARE CURIOUS BECAUSE IT DID COME IN JUST TODAY. IT IS LINKED ON THE ON THE ONLINE AGENDA AS ALL OF OUR ARE FOR ANYBODY WHO'S LOOKING AND BEFORE BEFORE I YIELD MY TIME MAYOR SO FOR IT IS ONE EXTREMELY IMPORTANT TO TO SUPPORT THIS ITEM BECAUSE TODAY WE'VE WE'VE WE'VE BEEN TALKING ABOUT ARE OUR HOUSING CRISIS AND WE HAVE A HOUSING CRISIS HERE IN THE CITY SAN JOSE AND SO I ON TO THIS MEMO ONE BECAUSE I WHOLEHEARTEDLY BELIEVE THAT WE CAN GET TO THAT GOAL OF 10,000 UNITS IN DOWNTOWN THAT'S EXTREMELY IMPORTANT DEVELOPMENT IN DOWNTOWN IS EXTREMELY IMPORTANT TO THE SUCCESS OF OUR LOCAL ECONOMY TEAM SAN JOSE SAN JOSE DOWNTOWN ASSOCIATION SAN JOSE OR OUR LOCAL SCHOOLS ETC. BUT [06:20:06] MOST IMPORTANTLY ANOTHER REASON WHY I SIGNED ON THE MEMO IS IS BECAUSE AS WE MOVE FORWARD WE WE ARE CALLING FOR STANDING FOR A LOCAL HIRING FOR FOR OUR CONSTRUCTION TRADES AND OUR FOR FOR OUR LABOR ALLIES TO HAVE A A SEAT AT THE TABLE. BUT THE OTHER ONE WHERE WE YOU DON'T YOU MIGHT NOT THINK OF IT AS SOMETHING THAT'S SUPER IMPORTANT IN EVERY SINGLE DOWNTOWN ASSOCIATION MEETING THAT I HAVE WITH OUR WITH OUR CONDO OWNERS WITH WITH OUR WITH WITH RESIDENTS LIVING IN APARTMENTS IS THEY DO NOT HAVE A GROCERY STORE DOWNTOWN AND BELIEVE IT OR NOT AS THE COUNCILMEMBER FOR DOWNTOWN I HAVE MEETING WITH WITH WITH POTENTIAL FOLKS WHO WANT TO BRING IN A GROCERY STORE BUT AFTER THEY DO THEIR STUDY THERE'S NOT ENOUGH RESIDENTS TO SUSTAIN A DOWNTOWN GROCERY STORE IN THE CITY OF SAN JOSE. AND SO AS WEIRD AS IT SOUNDS RIGHT, WE DEFINITELY NEED A GROCERY STORE IN DOWNTOWN. BUT MOST IMPORTANTLY WE'RE SEEING MAJOR REVITALIZATION IN THE SOFA DISTRICT AND I KNOW THAT THIS THIS PUSHING THIS THIS INCENTIVE FORWARD IS IS GOING TO HELP BUILD BOTH TOWN IF YOU DRIVE THROUGH BOTH TOWN RIGHT NOW IT'S IT'S IT'S READY TO GO OVER 500 UNITS IN OUR DOWNTOWN CORE AND OUR SOPHIA DISTRICT AND THAT'S WHY IT IS IMPORTANT FOR ME TO TO TO VOTE FOR THE DOWNTOWN HIGH RISE FOR THE SUCCESS OF DOWNTOWN SAN JOSE. AND SO WITH THAT I DON'T KNOW. >> I THINK COUNCILMEMBER I CAN YEAH. THANK YOU, COUNCILMEMBER. APPRECIATE THOSE COMMENTS I HAD THE SECOND FROM COUNCILOR DILLON I THINK NEXT HAND UP THOUGH WAS COUNCILOR OKON. >> YEAH. THANK YOU, MAYOR. FIRST I WANT TO START BY THANKING STAFF FOR ALL THE ANALYSIS THAT'S GONE INTO THIS. OBVIOUSLY THESE THERE'S A LOT OF DETAILS THAT GOES INTO BRINGING FORWARD A RECOMMENDATION. >> I DO WANT TO ASK SOME QUESTIONS FIRST ABOUT YOUR RECOMMENDATION YOUR THE STAFF RECOMMENDATION AH SAYS THAT WE SHOULD USE THE MOST EXTREME INCENTIVE FOR THE FIRST 1000 UNITS OVER THE FIRST 18 MONTHS WHICHEVER COMES FIRST. >> CAN YOU TALK A LITTLE BIT ABOUT THE NUMBER 1000 AND WHY YOU THOUGHT THAT WAS THE AN ADEQUATE NUMBER OF UNITS THAT FIRST TIER, THAT FIRST PHASE? SURE. AS AS WE MENTIONED THERE WAS A SIGNIFICANT AMOUNT OF DISCUSSION AROUND ARRIVING AT KIND OF THE NUMBERS AND WE WE REALLY FELT BASED ON SOME OF THE DISCUSSIONS THAT WE HAD WE'D HAD WITH DEVELOPERS AND THAT WAS AN ACHIEVABLE NUMBER FOR THE PHASE AND WE HAD KIND OF TWO PROJECTS, THREE PROJECTS THAT PROBABLY COULD GET GOING IN THE TIMEFRAME THAT WE WERE PROPOSING AND IN OUR OBJECTIVE WAS REALLY TO GET THAT MOMENTUM GOING AND SO HOW WE ARRIVED THERE WE ACTUALLY STARTED WITH A LARGER NUMBER BUT THEN AS MENTIONED IN THE PRESENTATION KIND OF WEIGHING THE THE REDUCTION IN FEES AND TAXES AND THE IMPACT ON SERVICES THAT'S THE BALANCE THAT THAT WE ARRIVED AT. >> CAN YOU TALK ABOUT WHEN SINCE THE ORIGINAL INCENTIVE WAS PUT IN PLACE FOR DOWNTOWN HIGH RISE, HOW MANY UNITS HAVE TAKEN ADVANTAGE OF THAT INCENTIVE SO THE MOST RECENT WITH THE MOST RECENT INCENTIVES SINCE 2017 WE'VE HAD THREE PROJECTS TWO COMPLETED, ONE UNDER CONSTRUCTION SO THE MIRO ACROSS THE STREET FROM CITY HALL A SIGNIFICANT NUMBER OF UNITS OVER 600 THE GRAD GRADUATE HOUSING WHICH AT THIS POINT IS IS ON THE MARKET AND POTENTIALLY BRINGS THE TRANSFER TAX MONEY THAT WE KNOW WE KNOW FROM THE DEVELOPER THAT WOULDN'T HAVE GONE WITHOUT THE INCENTIVE AT THAT TIME AND THEN CURRENTLY SO SOFIA WE HAVE THE FE CONSTRUCTION SO IN SEVEN YEARS WE'VE GOTTEN ABOUT 2000 UNITS OUT IS THAT ABOUT RIGHT? >> PROBABLY A LITTLE BIT LESS THAN A LITTLE BIT LESS. WE HAVEN'T EVEN GOT 2000 UNITS IN SEVEN YEARS OF THE INCENTIVE THAT WE'VE PUT IN PLACE WHETHER IT'S 2000 OR 2500 I DON'T NEED TO KNOW THE DETAILS. >> I'M JUST KIND OF SURPRISED BY THE MOVEMENT IN THE MEMO FROM MY COLLEAGUES THAT INCREASE NUMBER TO 2000 AND ELIMINATED THE TIMELINE IT SEEMED TO ME THAT WE WERE HERE TODAY BECAUSE THE CURRENT ECONOMIC ENVIRONMENT IS SO DIFFICULT AND CHALLENGING WITH HIGH INTEREST RATES AND HIGH COST OF CONSTRUCTION THAT WE WANT TO INCENTIVIZE AND WE WANT TO INCENTIVIZE QUICKLY THE CONSTRUCTION BY HAVING A SMALL ENOUGH NUMBER OF UNITS WE WANT PROJECTS TO BE RACING TO BE AMONG THE UNITS THAT ARE GETTING BUILT AS OPPOSED SAYING WE DON'T HAVE TO HURRY, WE CAN [06:25:01] STILL WAIT FOR INTEREST RATES TO COME DOWN FOR 18 MONTHS BEFORE WE EVEN THINK ABOUT PROCEEDING BECAUSE WE KNOW THE INCENTIVE WILL STILL BE THERE IN TWO YEARS AND THREE YEARS AND FOUR YEARS OR SEVEN YEARS BECAUSE IT'LL TAKE THAT LONG TO BUILD 2000 UNITS. SO I'M NOT CONVINCED THAT REMOVING THE TIMELINE AND INCREASING THE NUMBER ACTUALLY PUTS US INTO THE ON THE TRACK THAT WE'RE TRYING TO GO I SO I'M HESITANT TO GO BEYOND THE STAFF FOR DOWNTOWN. I'M YOU KNOW I KNOW THERE'S OTHER ELEMENTS OF THE RECOMMENDED OF THE MEMO OF THE JOINT MEMO THAT YOU KNOW I'M NOT YOU KNOW AS A AS OPPOSED TO ALTHOUGH THE IDEA OF OF APPLYING THIS TO 10,000 UNITS MEANS THAT IT WILL BE 20 YEARS BEFORE WE HAVE A CHECK IN AGAIN AT THE COUNCIL BECAUSE IT'S GOING TO BE PROBABLY THAT LONG BEFORE 10,000 UNITS ARE BUILT IN DOWNTOWN SAN JOSE IF EVEN IF THAT LONG IF EVEN EVER WE HOPE IT WILL BE. >> BUT I'M CONCERNED ABOUT LOOSENING THE INCENTIVES IN SUCH A WAY THAT WE HAVEN'T REALLY BOUGHT US ANYTHING IN THE NEXT YEAR IN DOWNTOWN WHICH IS TO ME THE CRUCIAL GOAL OF WHAT WE'RE DOING HERE TODAY. >> SO I CAN I ASK I MEAN MY COLLEAGUES WHO WROTE THE MEMO FOR SOME FEEDBACK AS TO THE VALUE OF INCREASING THAT NUMBER AND THE TIMELINE BECAUSE I'M FEEL THAT'S COUNTER INTUITIVE TO THIS EXERCISE TODAY. >> YEAH, I MEAN A COUPLE OF THINGS I THINK THE MOST IMPORTANT POINT IS THAT I THINK THERE'S BEEN A MISTAKE ASSUMPTION THAT SETTING A TIMELINE SOMEHOW INCENTIVIZES DEVELOPERS TO MAGICALLY SECURE THE FUNDING AND MOVE FORWARD AND I COULD ASK ANY OF THE DEVELOPERS HERE IN THE ROOM IF ARE SETTING AN ARBITRARY DEADLINE OF 18 MONTHS OR 24 MONTHS MAKES IT ANY MORE LIKELY AND I WHAT YOU'LL HEAR CONSISTENTLY IS NO THEY ARE HIGHLY INCENTIVIZED IN FACT ACTIVELY PITCHING FINANCIERS TO GET FUNDING TO MOVE FORWARD BECAUSE THE WAY THAT THEIR BUSINESS WORKS THAT THEY MAKE MONEY IS WHEN THEY BUILD THINGS, SELL THINGS, LEASE THINGS AND. SO I THINK THAT THIS IDEA OF THIS SORT OF SCARCITY OF IF WE JUST DO A FEW UNITS OR A SMALL TIMEFRAME WE'RE GOING TO MAGICALLY CHANGE THE MARKET DYNAMIC IS IS NOT CORRECT. AND IN FACT WHEN WE HAD THESE SHORTER TIMELINES AND WE WERE BACK HAVING THIS DEBATE EVERY THREE YEARS DEVELOPERS LIKE THE MIRROR HAD TO COME BACK AND WONDER WILL THE COUNCIL RENEW IT? AND IT ACTUALLY INJECTED MORE UNCERTAINTY BECAUSE OF HOW LONG THESE TIMELINES TAKE YOUR POINT THE 10,000 IS A BIG NUMBER IS A FAIR NOW IT IS PHASED OVER THREE YEARS I'M SORRY OVER 300 YEARS EXCUSE ME I MISSPOKE. IT IS THREE PHASES SO THE INCENTIVES CHANGE AND ACTUALLY COME DOWN OVER TIME AS WE HIT CERTAIN MILESTONES I WOULD SAY WE SHOULD BE DOING EVERYTHING WE POSSIBLY CAN INCLUDING A VERY NEW OPPORTUNITY TO HELP SAN JOSE STATE TO UNLOCK WHAT COULD BE A COUPLE OF THOUSAND UNITS AT THE AHLQUIST BUILDING FOR EXAMPLE STUDENT HOUSING THERE THERE MAY BE OPPORTUNITIES AS THE MARKET SHIFTS AS RETURN TO WORK IS LESS PROMINENT WE MAY BECOME WILLING TO MAKE IT EASIER TO BUILD RESIDENTIAL IN DOWNTOWN WE HAVE A JOBS OVERLAY FOR EXAMPLE THAT CAN BE A BARRIER IN PARTS OF DOWNTOWN. >> WE DON'T KNOW HOW THINGS WILL EVOLVE BUT I THINK IT'S QUITE LIKELY THAT OUR BIG BET AS A CITY IN ADDITION THE EXPERIENCE ECONOMY OVER THE COMING DECADE IS GOING TO BE RESIDENTIAL DENSITY. I THINK MORE LIKELY TO BE WHERE CAPITAL WANTS TO FLOW AND WHERE WE CAN ACTUALLY GET THINGS BUILT IN OUR DOWNTOWN IS GETTING MORE PEOPLE LIVING HERE RATHER THAN TAKING OUT MORE COMMERCIAL REAL ESTATE AS WE'VE DONE HISTORICALLY. SO I DON'T THINK WE CAN KNOW ENTIRELY. WHAT I DO KNOW IS SETTING OURSELVES UP TO HAVE THIS DEBATE WHICH IS VERY CONTENTIOUS AND WE DO THE SAME THING EVERY THREE YEARS. IT'S NOT VERY PRODUCTIVE. I THINK IT SHOULD BE KEYED OF MEANINGFUL MILESTONES THAT GET US TO CRITICAL MASS IN THE DOWNTOWN BECAUSE THE REAL PROBLEM RIGHT NOW IS INTEREST INTEREST RATES MORE THAN ANYTHING IT'S THAT OUR COST OF CONSTRUCTION REGIONALLY IS HIGHER THAN YOU GET IN RENT ON THE OTHER SIDE AND IT'S EXTREMELY DIFFICULT TO GET PROJECTS TO PENCIL. SO WE'RE GOING TO NEED TO PULL EVERY LEVER WE POSSIBLY CAN AND HOPE THAT INTEREST RATES COME DOWN TO GET MEANINGFUL RESIDENTIAL DEVELOPMENT TO HAPPEN IN OUR DOWNTOWN. SO I THINK THAT WAS THAT WAS SOME OF THE THE THINKING I WOULD ARGUE IF ANYTHING AND I'LL END ON THIS POINT CREATING CERTAINTY AROUND UNIT PRODUCTION MILESTONES ANYTHING CREATES GREATER CERTAINTY THAN SETTING AN ARBITRARY WHERE THEY COULD BE IN NEGOTIATIONS AND GET TO A POINT WHERE THEY MIGHT RUN OUT OF TIME AND THEN THERE'S UNCERTAINTY WELL WILL WE GET THIS INCENTIVE OR NOT? >> SO I JUST I THINK THAT WAS THE THINKING BEHIND THE MEMO. COUNCILMEMBER DAVIS WAS WAS OBVIOUSLY A KEY PART OF OUR BROWN ACT THIS AS WELL AND IS OUT TODAY UNFORTUNATELY BUT WE DID HAVE QUITE A FEW CONVERSATIONS YEAH I MEAN AND I HEARD YOU INTRODUCE THIS ITEM WITH STATEMENT WHICH WAS WE DON'T WANT THE TIMELINES BEING PUT IN THERE WON'T NECESSARILY WORK BECAUSE NOTHING CAN PENCIL WITHIN THESE TIMELINES AND IF THAT'S THE CASE I KIND OF WONDER WHY WE'RE HAVING THE DISCUSSION TODAY WHERE IF OUR GOAL IS TO INCENTIVIZE DOWNTOWN DEVELOPMENT AND THIS WON'T GET THEM STARTED IN THE NEXT 18 MONTHS BECAUSE THE ONLY REAL [06:30:07] DRIVER OUR INTEREST RATES AND SOME THINGS THAT ARE OUT OF OUR CONTROL THEN I KNOW THAT FEELING LIKE WE'RE I'M UNCOMFORTABLE YEAH I JUST WANT TO CLARIFY THAT'S NOT I SAID I ACTUALLY THINK US PASSING THIS TODAY MAY HELP GET PROJECT UNLOCKED WITHIN THE NEXT YEAR POTENTIALLY THIS CALENDAR YEAR. MY MY POINT IS US SETTING A TIMELINE OF 18 MONTHS DOESN'T MAKE A DEVELOPER ANY MORE INCENTIVIZED BECAUSE MOMENT THEY CAN COMPILE THE FINANCING THEY WANT TO GO BECAUSE THEIR ENTIRE INCENTIVE IS TO BUILD AND THEY'RE BLOCKED OUT HOW THEY CAN GET FUNDING WHICH IS LARGELY AGAIN THIS THIS CALCULUS OF COST VERSUS RETURN SETTING ARBITRARY TIMELINE MAKE THEM ANY MORE INCENTIVIZED WAS MY ONLY POINT. >> OKAY I I'M NOT READY TO SUPPORT THIS WITHOUT A TIMELINE AND WITHOUT AND WITH THE HIGHER NUMBERS I KNOW I'M USING UP MY TIME AND I'M WILLING TO COME BACK AND CONTINUE THE CONVERSATION I DO WANT TO JUST MENTION NORTH SAN JOSE SINCE THAT'S WHO WAS OUR MEMO WAS PART OF THIS AND IT'S IMPORTANT TO ME OBVIOUSLY THE INTENTION OF THE MEMO I WOULD ADD I WROTE WITH COUNCILMEMBER JIMENEZ IS WHEN WE TALK OUTSIDE OF DOWNTOWN IS NOT TO TALK CITYWIDE BUT TO FOCUS ON KEY DEVELOPMENT 40% OF ALL HOUSING IN THE HOUSING ELEMENT FOR NORTH SAN JOSE AND WE KNOW WE'VE HAD SOME TROUBLE WITH PROJECTS IN SAN JOSE GETTING THEM MOVING FORWARD. DEVELOPERS ARE PUSHING JUST TO BUILD TOWNHOUSES. I'LL GIVE YOU AN EXAMPLE LAST I WAS AT A COMMUNITY MEETING FOR A NEW PROJECT THAT'S ABOUT THAT'S BEING PROPOSED ON ON RIVER OAKS. IT'S COMING IN THREE PHASES. THE FIRST PHASE WILL BE THE TOWNHOUSES THE BACK SECOND PHASE WILL BE THE AFFORDABLE HOUSING BLOCK WHICH IS GREAT. THEY'LL GET BUILT. THE THIRD PHASE WILL BE THE MARKET RATE APARTMENTS WHICH IN MY THEORY WILL END UP BEING AN EMPTY PART OF THE PROJECT FOR FOR A DECADE OR MORE AND SO WE NEED TO BE THINKING ABOUT HOW WE INCENTIVIZE THOSE MARKET RATE PROJECTS IN KEY DEVELOPMENT AREAS IN ADDITION TO DOWNTOWN. THAT WAS THE SPIRIT OF MY MEMO I DO BELIEVE THAT THE FIRST ITEM ON OUR MEMO WAS THE MOST IMPORTANT IS TO RIGHT SIZE OUR PARK FEES. THE PARK FEES WERE SET IN AS FAR AS I REMEMBER IN 2011 AT THE PEAK OF OF LAND VALUES AND LAND VALUES HAVE DROPPED ACTUALLY SAN JOSE SINCE 2011 NOT INCREASED AND WE HAVE KEPT THE PARK FEES A LEVEL THAT'S NOT SUSTAINABLE. WE OUGHT TO RIGHT SIZE OUR PARK FEES IN NORTH SAN JOSE FOR SURE SO THAT WE CAN MAKE SURE THAT WE'RE NOT OVERCHARGING DEVELOPERS AND MAKING IT HARDER TO BUILD. WE MIGHT ALSO CONSIDER OTHER INCENTIVES NORTH SAN JOSE AND THE SPIRIT IS TO COME BACK WITH POTENTIAL RECOMMENDATIONS NOT APPROVING TODAY I'M OKAY WITH THE AMENDMENTS COUNCILMEMBER DAVIS'S MEMO FOR FOUR C AND FOUR D IN OUR MEMO I'M NOT GOING TO HAVE A PROBLEM WITH THAT. I JUST WANT TO MAKE SURE THAT WE'RE GOING TO INCENTIVIZE DEVELOPMENT IN THE CRUCIAL PART OF THE CITY. AND I'LL ALSO JUST MAKE A COMMENT I THINK I TALKED I TALKED TO STAFF ABOUT I CAN'T EVEN KEEP TRACK WAS YESTERDAY OR LAST FRIDAY ANYWAY ABOUT THE DIFFERENT KINDS OF PROJECTS AND WHETHER WE NEED TO MORE THOUGHTFUL ESPECIALLY OUTSIDE OF DOWNTOWN ABOUT WHICH RECEIVE AN INCENTIVE BECAUSE THERE WILL BE SOME PROJECTS THAT ARE AT A LARGE ENOUGH SCALE WHERE THEY CAN BUILD EVERYTHING AND MIGHT NOT MIGHT NOT NEED SAME INCENTIVES OR ARE SELF-FINANCED THAT ARE DIFFERENT THAN PROJECTS THAT ARE OF OF SMALLER SCALE ON SINGLE PARCELS AND WE MIGHT NEED TO FOCUS OUR INCENTIVES DIFFERENTLY ON DIFFERENT KINDS OF PARCELS. AND I'LL JUST POINT FOR AN EXAMPLE WHEN IRVINE COMPANY COMES IN IN NORTH SAN JOSE THEY'RE LOOKING FOR 100 ACRES AND THEY'RE BUILDING 3000 UNITS ON A SITE AND THAT OFTEN CAN PENCIL OUT FOR THEM THAN EVEN THE DOWNTOWN PROJECTS DO AND WE MAY NOT NEED TO PROVIDE INCENTIVES FOR A PROJECT LIKE THAT WHEREAS WE MIGHT NEED TO PROVIDE INCENTIVES FOR THAT PROJECT ON BAY POINT WHICH HAS 500 UNITS IN IT AND CAN'T BE BUILT RIGHT NOW? SO I JUST WANT US TO THINK AS WE'RE MOVING FORWARD LOOKING AT NORTH SAN JOSE AND BEING CREATIVE AND HOW WE MIGHT TARGET THE INCENTIVES, THE TYPE OF PROJECTS THAT NEED THAT INCENTIVE RIGHT NOW. SO I'LL LEAVE I'LL LEAVE THAT FOR NOW AND WE'LL COME BACK I'LL COME BACK IN A SECOND ROUND BUT I WANT TO HEAR FROM SOMEBODY OTHER COLLEAGUES AS WELL. >> OKAY THANKS COUNCILOR BY SPIRIT ME THANK YOU. I WE ALWAYS HAVE TO DEAL WITH DIFFERENT TRADE OFFS AND FIRST I WANT TO SAY I'M REALLY CONFLICTED IN WANTING TO MOVE DEVELOPMENT FORWARD AND THEN ON THE OTHER HAND WE HAD AN ITEM ABOUT ASKING THE PUBLIC TO POTENTIALLY PAY FOR PARK FEES OR YOU KNOW, PARCEL WHATEVER IT IS THAT COMES UP. SO SOME SORT OF LIKE YOU KNOW HAVING HAVING DIFFICULTY WITH REDUCING FEES ON THE ONE HANDS FOR A DEVELOPER AND ASKING THE PUBLIC TO YOU KNOW SUPPORT THE PARKS THROUGH A PARCEL TAX OR SOMETHING ELSE SO YOU KNOW JUST HAVING THAT DYNAMIC TO ME IN THE SAME DAY IS SORT OF DIFFICULT. SO I'M JUST GOING TO SAY THAT THE OTHER THING IS THAT WHILE I AM WILLING TO TRY IN THE DOWNTOWN CORE AREA I THINK THAT [06:35:06] IT'S AN AREA THAT IF WE WANT TO REALLY MOBILIZE AND MOVE FORWARD AND ALL OF THAT I THINK IT'S A GREAT PLACE TO START IF WE'RE GOING TO TRY SOMETHING TO SEE IF IT WORKS. I DON'T KNOW IF IT'S GOING TO WORK I HOPE IT WORKS. >> BUT YOU KNOW, I THINK THAT IMBALANCE SEEING WHAT THE TRADEOFFS ARE, I'M WILLING TO TRY. SO I THINK THAT IN THE DOWNTOWN CORE I'M OKAY. BUT OPENING IT UP TO OBTAIN OTHER YOU KNOW, SORT OF OTHER AREAS I KNOW THAT IN OUR MEMO WE TALK ABOUT GOING TO THE AREAS THE GROWTH THE PLANNED GROWTH AREAS AND THE ENVISION SAN JOSE 2040 PLAN I THINK THAT I'M ALSO WILLING OBTAIN INFORMATION TO FIND OUT HEY HOW IS IT WORKING IN THE DOWNTOWN DOES IT WORK IN A MORE STRATEGIC WAY SUCH AS NORTH SAN JOSE WHERE THERE ARE AREAS THAT WE CAN TARGET AS OPPOSED TO BLANKETLY LOOKING ALL OF OF THE CITY IN TERMS OF OPENING IT UP MUCH MORE BROADLY SO I LOOK FORWARD TO STUDYING ADDITIONAL STRATEGIES IN TERMS OF LOOKING AT THAT AND HAVING THAT COME UP SO THAT WE HAVE INFORMATION SO THAT WE CAN MAKE A DETERMINATION OF WHERE WE WOULD WANT GO MORE FOLEY BECAUSE AT THE OF THE DAY, YOU KNOW WHETHER IT'S OUR TRANSPORTATION HOUSING, OUR PARKS WE TO NEED THOSE FUNDS. I UNDERSTAND THAT THERE'S A THERE'S A THERE'S A A NEED TO WANT TO SEE DEVELOPMENT MOVING I WANT TO SEE IT MOVING BUT YOU KNOW I'M BALANCING IT WITH MY ASKING THE PUBLIC IN OTHER ARENAS OF YOU KNOW COME SUPPORT THESE BOND MEASURES TAX MEASURES PARCEL MEASURES WHATEVER IT IS TO BE ABLE TO PAY FOR WHAT THEY'VE YOU KNOW WHAT IS NEEDED TO TO FUND THESE AREAS SO IT'S A IT'S A DIFFICULT BALANCE IN MANY CASES. I ALSO WANT ASK STAFF ABOUT THE INCLUSIVITY OF OUR LABOR PARTNERS. I NOTICE BLOG ON YOUR ON YOUR SLIDE THAT YOU HAVE HAD CONVERSATIONS LABOR SO EXCUSE ME SO YOU KNOW I WANT TO MAKE SURE THAT THOSE CONVERSATIONS CONTINUE AS WE'RE LOOKING AT LIKE NOW WE'RE MORE ACTIVELY LOOKING AT THE DOWNTOWN. IN OUR MEMO WE TALKED ABOUT THE INCLUSION OF A LOCAL HIRE PLAN. >> I THINK THAT I WOULD HOPE THAT WHEN YOU BRING BACK INFORMATION REGARDING OUR ON THEIR MEMO IT'S ITEM NUMBER FIVE THE ADDITIONAL STRATEGIES FOR PROMOTING HOUSING CONSTRUCTION I WOULD HOPE THAT WE WOULD HAVE BETTER INFORMATION AND COLLABORATION WITH OUR WITH OUR LABOR AS WELL AS OUR DEVELOPERS SO THAT WE HAVE A MUCH MORE INCLUSIVE AND BETTER UNDERSTANDING OF HOW WE CAN MOVE FORWARD TOGETHER AS OPPOSED TO THESE DIFFERENT SORT OF SCENARIOS. >> AND I KNOW COUNCILMEMBER JIMENEZ HAD A MEMO AND I THINK THAT I'D LIKE TO ASK THE CITY ATTORNEY TO TO RESPOND THAT BECAUSE YOU KNOW, I FEEL LIKE THERE'S A QUESTION OF WHETHER THERE'S PROBLEM IN YOU KNOW, NOT REQUIRING PREVAILING WAGE OR ITS APPLICABILITY AS WE MAKE ANY DECISION TO REMOVE FEES. SO I JUST WANT TO TURN TO THE CITY ATTORNEY. WE DID GET A LETTER AS WELL REGARDING THIS. AND SO I'M JUST WONDERING THANK YOU, COUNCILMEMBER. >> IT IS WITHIN THE COUNCIL'S DISCRETION UNDER THE MUNICH MUNICIPAL CODE SECTION 1410 OR 14.10 POINT 310 WHETHER TO APPROVE THE STACK STAFF RECOMMENDATION TO LIMIT THE DURATION, A WAIVER OR TO APPROVE THE RECOMMENDATION IN THE MAYOR'S. SO IT'S WITHIN THE COUNCIL'S DISCRETION BASED ON WHAT YOU HEAR TODAY AND WHAT YOU CONSIDER AND THEN THOSE FINDINGS WILL BE THE BASIS FOR DETERMINATION GOING FORWARD. >> SO THERE'S NO NEED FOR ANY TIMELINES OR ANYTHING LIKE THAT AND I'M JUST SORT OF THINKING ABOUT A COUNCILMEMBER COHEN'S CONCERNS IN TERMS OF LEAVING IT OPEN ENDED AND I HOPE IT DOESN'T TAKE 20 YEARS TO GET 10,000 UNITS INTO DOWNTOWN BUT [06:40:05] YOU KNOW, LIKE I DON'T KNOW THAT THERE ISN'T THERE ISN'T A LEGAL PROBLEM AGAIN IT'S UP TO THE COUNCIL AND IT'S A DISCRETION AND TO SORT OUT THOSE ISSUES AND AND IT MIGHT BE THAT THE LIMIT OF THE UNITS IS IS THE WAY YOU WANT TO GO BUT THE THE TIME FRAME ISN'T ISN'T CRITICAL OKAY THANK YOU THANK YOU VERY SMART I APPRECIATE YOUR COMMENTS AND AND YOU YOUR CONCERNS ABOUT THE COLLECTION OF PARK OUTSIDE OF THE DOWNTOWN AND BUT WILLINGNESS TO LEARN MORE AND BE ABLE TO HAVE A FUTURE CONVERSATION ABOUT IT I THINK IT'S A FAIR IT'S A FAIR QUESTION AND IT'S A TRADEOFF AND YOU KNOW I MY OWN CONCERN ABOUT IT THOUGH I THINK IT'S VERY MUCH WORTH STUDYING AND ABOUT IN BETTER UNDERSTANDING BECAUSE FUNDAMENTALLY A WE HAVE A HOUSING CRISIS THAT CAN'T BE SOLELY RESOLVED IN DOWNTOWN AS MUCH AS I WOULD LOVE FOR A TON ADDITIONAL HOUSING IN THE DOWNTOWN WE DESPERATELY NEED TO BUILD HOUSING AND WE WE WILL NEED IT TO BE ACROSS OUR PLANNED GROWTH AREAS AND OUR HOUSING PLAN IS AGGRESSIVE AND WE'RE GOING TO NEED TO DO EVERYTHING WE CAN ACHIEVE OUR GOALS UNDER OUR HOUSING, OUR ADOPTED HOUSING ELEMENT ALSO JUST MAKE THE POINT THAT I DO THINK IT'S WORTH US ALL JUST REMEMBERING THAT ONE TIME FEES WHICH HAVE BEEN LAYERED ON OVER THE YEARS AS A WAY TO ADDITIONAL REVENUE CAN SOMETIMES BE PENNY POUND FOOLISH IN THE SENSE THAT IF WE GET THE BUILDING IN THE GROUND AND WE PROVIDE THAT MUCH NEEDED HOUSING AND WE GET MORE RESIDENTS HERE THEN FOREVER MORE IF IT'S A MARKET RATE DEVELOPMENT AT LEAST YOUR PROPERTY TAX REVENUE BEING GENERATED YOU HAVE ADDITIONAL SALES TAX REVENUE, YOU HAVE VIBRANCY THAT BRINGS MORE FOLLOW ON INVESTMENT AND YOU GET A GROWING AND A GROWING TAX BASE OVER TIME AND AS MUCH AS WE KIND OF FIGHT OVER THE SMALL ONE TIME REVENUE TODAY I'D MUCH RATHER GET THAT INVESTMENT THAT LEADS TO A BIT OF A FLYWHEEL AND GETS MORE INVESTED AND MORE HOUSING GETTING BUILT AND GROWS THE TAX BASE IN A LARGER AND A GREATER AND MORE SUSTAINABLE WAY. BUT BUT I APPRECIATE THE CONCERNS LOOKING BEYOND THE DOWNTOWN AND APPRECIATE YOUR WILLINGNESS TO GET MORE INFORMATION HAVE THAT CONVERSATION IN THE FUTURE SO THAT'S INCLUSIVE OF THE OF COUNCILMEMBER DAVIS'S BLUE MEMO THAT COUNCILOR TORRES HAS MOVED. OKAY, LET'S CONTINUE I'M GOING TO GO TO COUNCILOR CANDYFLOSS NEXT. >> THANK YOU, MAYOR. I APPRECIATE THE COMMENTS BY MY COLLEAGUES SO FAR AND. YOU KNOW, I THINK WE ALL RECOGNIZE THE PRESSING ISSUE THAT IS IMPACTING OUR CITY AND THAT'S THE HOUSING CRISIS AND OUR LACK THEREOF. >> I THINK WE FACE CHALLENGES OF AFFORDABILITY AND AND ACCESS TO HOUSING AND IT'S IMPORTANT THAT WE EXPLORE, YOU KNOW, AS THE MAYOR MENTIONED, YOU KNOW, THE DIFFERENT LEVERS THAT WE CAN PULL FOR CONSTRUCTION AND I THINK BY IDENTIFYING OUR DOWNTOWN WE ARE WORKING ON A MORE VIBRANT DOWNTOWN THAT WE ALL WANT OUR DOWNTOWN AND BUT I THINK IT'S ALSO TO TOUCH ON THE VICE MAYOR'S POINT IS THIS IS WHERE WE NEED TO FOCUS YOU KNOW AND TO TOUCH ON A NOTE FROM EARLIER COUNCILMEMBER COHEN YOU KNOW WHAT THIS IS WHAT THIS ACTION IS DOING. I THINK IT'S ALSO SIGNALING TO THE MARKET THAT SAN JOSE'S IS WILLING TO WILLING AND READY TO BUILD BUY IN INCENTIVIZING THIS THIS PRODUCTION IN DOWNTOWN. >> IT'S GOOD BUT I DEEP RESERVATIONS GOING OUTSIDE OF DOWNTOWN AND YOU KNOW I DID SIGN ON TO THAT GROUP MEMORANDUM WHERE WE HAVE TO STUDY AND BRING BACK MORE INFORMATION BECAUSE YOU KNOW AS I MENTIONED THE FOCUS SHOULD BE ON OUR DOWNTOWN TO GET THESE 10,000 UNITS BUILT QUICKLY AS POSSIBLE. >> UM AND AND YOU KNOW I APPRECIATIVE OF MY COLLEAGUES INCLUDING THE WORKER PROTECTIONS OR OR THE INCENTIVE ON ON ON A LOCAL HIGHER PREFERENCE AND TO STUDY THAT AND I LOOK FORWARD TO ADVANCING THAT WORK I DO HAVE A QUESTION KNOW I BELIEVE THIS QUESTION SHOULD BE TO NORA OUR CITY ATTORNEY IS THERE WERE SOME CONCERNS RAISED ABOUT FEE WAIVER BEING CONSIDERED A PAYMENT OF PUBLIC FUNDS AND THUS TRIGGERING PUBLIC WORKS REQUIREMENTS? >> DO YOU HAVE THOUGHTS ON THAT ? THOSE ARE THE CONSIDERATIONS UNDER MUNI CODE SECTION 1410 SO WE A WAIVER OF FEES COULD BE CONSIDERED A SUBSIDY AND THAT WOULD TRIGGER CERTAIN REQUIREMENTS AND THINGS LIKE THAT AND THAT'S PROVIDED FOR IN AS I SAY MUNI CODE SECTION 14.10. [06:45:01] >> OKAY. SO WHEN STAFF COMES BACK TO US IN SEPTEMBER FIRST WEEK IN SEPTEMBER ASSUMING YOU KNOW WE WE HAVE A MAJORITY ON THIS I WILL ASK FOR A FOR AN AMENDMENT TO THE ON THE FLOOR FOR A DIRECTION TO ENGAGE OUR PARTNERS THE BUILDING TRADES AND LABOR AS PART OF THAT PROCESS TO GET FEEDBACK AND TO GET THE DIALOG FOR THAT WOULD WOULD THE MAKER OF THE MOTION BE OPEN TO THAT FRIENDLY AMENDMENT? YES. GREAT. THANK YOU. >> IS THAT OKAY WITH THE SECOND? YES. OKAY. AND CAN YOU RESTATE IT COUNCILMEMBER CAN THOSE JUST WE ALL HAVE IT DIRECTING STAFF TO ENGAGE OUR PARTNERS IN THE BUILDING TRADES AND LABOR AS PART OF COMING BACK TO US IN THE FIRST MEETING OF SEPTEMBER I BELIEVE ON THE STUDY AND RETURN ON THAT THAT OTHER ANALYSIS OUTSIDE OF THE DOWNTOWN GREAT OKAY GREAT THAT'S IN I THINK THE SECOND PART IS IS BEYOND THAT IN THE FALL I SO I WOULD HOPE YEAH BOTH BOTH OKAY YEAH ALL RIGHT BUT IF YOU NEED ME TO BE BROADER I CAN OR PRESCRIPTIVE CAN DO THAT AS WELL BUT YEAH GARY I JUST MEANT EVERYTHING OUTSIDE OF WHAT WOULD BE IMPLEMENTED AT THIS MOMENT LIKE ALL THE FUTURE THE FUTURE STUDY EVERYTHING WE'RE COMING BACK WITH. >> OKAY. OKAY. THANK YEP. OKAY GREAT. AND DID YOU HAVE OTHER QUESTIONS? >> WAS THAT IT? OKAY. THANK YOU. COUNCILMEMBER COUNCILOR BATRA, THANK YOU FOR THAT DETAILED ANALYSIS AND THE RECOMMENDATIONS. >> OKAY. THERE WAS A YOU KNOW I'VE BEEN PRO HOUSING FROM THE TIME I CAME ON BOARD AND KNOWING THAT HOW SHORT WE ARE IN HOUSING AUTHORITY IN SAN JOSE I'VE BEEN ASKING FOR IDENTIFYING THE BARRIERS AND REMOVING THOSE BARRIERS FROM DEVELOPMENT EVEN FOR RENOVATIONS AND REMODELS SO I'M GLAD THAT WE HAVE A PROPOSAL IN FRONT OF TO REMOVE SOME OF THE BARRIERS OR IDENTIFIED BARRIERS. >> NOW NANCY, WHAT IF WERE GOING TO PICK ONE FACTOR WHICH IS NOT ALLOWING YOU TO PENCIL IN THESE PROJECT WHAT WOULD YOU CALL THAT WE COUNCILMEMBER THANK YOU VERY MUCH FOR THE QUESTION. >> COULD YOU CLARIFY IF WE WERE GOING TO PICK ONE? >> YEAH. WHAT'S THE MOST IMPORTANT FACTOR RIGHT IN TERMS OF THEIR NOT BEING ABLE TO FINANCIALLY WORK THIS PROJECT OUT FOR THE AS YOUR COLLEAGUES HAVE SAID, I DON'T BELIEVE IT'S ONE FACTOR BUT A CONSTELLATION OF AT LEAST THREE OR MORE OF COST LOWER RENTS IN SAN JOSE AND THE INTEREST RATES OKAY SO OUR INTEREST RATE WE HEAR THE TIME AS ONE OF THE PRIMARY IF NOT THE MOST IMPORTANT ITEM OUR INCENTIVE IDEALLY SHOULD HAVE BEEN LINKED TO THE INTEREST RATE WE WOULD HAVE KNOWN THAT PAY AT 4% OR 5% PRIME RATE WE WOULD BE ABLE TO GET THE DEVELOPMENT WE WANT AS MUCH WE WANT BUT WE DIDN'T OKAY? WE DIDN'T LINK IT TO THAT ONE WE JUST SAID THAT HEY WE WANT THIS MUCH TO GO ON. COULD WE NOT HAVE LINKED IT TO THAT? >> THANK YOU COUNCILMEMBER THE BUDGET ERIC SOLELY ON DIRECTOR JUST TO PROVIDE SOME CONTEXT REGARDING INTEREST RATES AND THEN I'LL RESPOND TO YOUR QUESTION DIRECTLY. FIRST WITH INTEREST RATES WE HAVE TO LOOK AT IT IN TERMS OF ROUGHLY AT THIS POINT A 12 MONTH CALENDAR AT THE BEGINNING OF YEAR EVERYONE THOUGHT WE WERE GOING TO HAVE SIX INTEREST RATE REDUCTIONS WHICH TO ROUGHLY 200 BASIS POINTS WHICH IN REAL DOLLARS WE APPLY 200 BASIS POINTS TO THE AVERAGE OF A $75 MILLION CONSTRUCTION DEAL THAT'S ROUGHLY 750,000 TO MILLION MILLION TO IN TERMS THAT TOTAL VALUE OF THE INTEREST RATE REDUCTION. NOW WE'RE AT BASED ON CURRENT ECONOMIC ENVIRONMENT AT BEST 25 BASIS POINTS SO APPLIED TO THE SAME $75 MILLION CONSTRUCTION PROJECT THAT VALUE IS ROUGHLY 250000 TO 500000 DEPENDING ON THE OVERALL STRUCTURE THE DEAL. >> SO WHEN YOU SEE THAT CURRENT VALUE OF THE RATES AND THEN APPLY THAT TO THE TOTAL VALUE OF THE INCENTIVES DISINCENTIVES PROGRAM EXCEEDS THAT WHICH IS THE INTENT AND THEN GIVEN SOME OF THE THAT ARE APPLIED TO THE EXISTING CONSTRUCT OF THE PROGRAM BASED ON THE SNAP RECOMMENDATION THAT PROVIDES AN OPPORTUNITY FOR DEVELOPERS TO SEIZE TO PUT MOMENTUM WITHIN THE PROJECT BECAUSE YOU'RE ABLE TO CAPTURE A UNIT VALUE OF MOVING FORWARD AT A HIGHER RATE THAN YOU CAN BASED ON WHAT YOU CAN CAPTURE ON SAVINGS OR REDUCTIONS ON INTEREST RATES. YEAH, SO SO THAT MAKES A LOT OF SENSE THAT WE WOULD BE [06:50:02] SAYING THAT HEY THESE INCENTIVES MITCH WE ARE REDUCING THE FEES ARE AVAILABLE TO YOU WHEN THE INTEREST RATES ARE AT A CERTAIN LEVEL BECAUSE AFTER THAT YOU'RE SAYING THE INTEREST RATE THEMSELVES BECOME AN INCENTIVE FOR THEM TO BE ABLE TO DO THE JOB OKAY WELL WE DIDN'T DO THAT OKAY SO LEAVE THAT ALONE. NOW THE SECOND PART OF OUR THING IS IN THIS HOUSING WE WANT TO BE ABLE TO GET THE HOUSES QUICKLY AND THAT'S WHY WE ORIGINALLY HAD THE TIMELINE YOU HAD PUT IN THERE. OKAY THAT NOW THAT WE'RE GIVING YOU INCENTIVES SOME DAY THE INTEREST RATES ARE GOING TO BE ATTRACTIVE ENOUGH FOR YOU TO BUILD. BUT SINCE THEY'RE NOT WE'RE GIVING YOU INCENTIVES SO YOU CAN BUILD IT NOW. SO WHEN WHEN WE TALK ABOUT THE UPDATED MEMO AND REMOVE THE TIMELINE AND WE REALLY TAKE AWAY ANY SENSE OF URGENCY WE HAVE ABOUT IT NOW WE CAN SAY THAT YOU BUILD 2000 UNITS TODAY. ARE YOU BUILT TEN YEARS DOWN THE ROAD YOU STILL HAVE THE SAME AMOUNT OF INCENTIVES AND I THINK THAT GOES AGAINST OUR NEED AND THE URGENCY. SO I THINK SINCE WE DIDN'T TIE IT TO THE INTEREST RATE, I THINK WE NEED TO AT LEAST TIED TO THE TIMELINES THAT THESE MANY UNITS IN THE NEXT 18 MONTHS, TWO YEARS WHATEVER SOME FINITE TIMELINE WE CAN'T LEAVE IT OPEN AND STILL TO CONVEY THE WORD OF URGENCY AND THE DESIRE OTHERWISE THESE INCENTIVES AND URGENCY COLLECT. I UNDERSTAND WHAT YOU'RE SAYING AND I THINK PART OF IS THE CHALLENGE FOR THE MAYOR AND COUNCIL IN RESPONDING TODAY IS WHERE DO WE FIND THOSE THREE CHALLENGES? AS NANCY HAD ARTICULATED, INTEREST RATES OVERALL COST OF MATERIALS, CURRENT ECONOMIC ENVIRONMENT WHERE DOES THE INCENTIVE FIT AND WHAT I PROPOSE IN RESPONSE TO YOUR QUESTION IS DISINCENTIVE FITS TO ADDRESS ONE OF THREE THERE'S STILL THE OTHER TWO BY ADDING A TIMELINE TO IT DOES THAT MOMENTUM WITHIN THE PROJECT TO MOVE FORWARD GIVEN THAT THAT INCENTIVE EFFECTIVELY EXITS OR TERMINATES AT THE END OF THE TIMELINE OR DOES IT EXTEND IT OUT, PROVIDE BETTER OPPORTUNITY? THAT'S A TOUGH CALL AND THAT'S FOR THIS BODY TO KIND OF DECIDE TO DEBATE. WHAT I CAN PROVIDE TO YOU IS GIVEN THE CURRENT VALUE OF THE ENTIRETY OF THE INCENTIVE PROGRAM WITH ALL THE FEE VIS A VIS THE VALUE OF INTEREST RATES IN THE COMING YEAR AT BEST 25 BASIS POINTS OR 75 BASIS POINTS ON A SIX MONTH A 12 MONTH LOOK AT THIS POINT THAT GOT VALUE OF THE INCENTIVE FAR EXCEEDS THAT INTEREST RATE REDUCTION. SO YOU CAN MAKE A CREDIBLE ARGUMENT THAT IS GOING TO PUT MOMENTUM INTO PROJECTS MOVING FORWARD. >> YEAH SO SO I SUPPORT THE IDEA OF INCENTIVES BEEN LOOKING FOR THAT OPPORTUNITY TO BE GIVEN TO THE DEVELOPER SO THAT THEY CAN BUILD IT. WHAT I'M HAVING DIFFICULTY ACCEPTING THE OPEN TIMELINES TO IT AND I'D THERE'S NOTHING TIED TO ANYTHING OF SENSE OF URGENCY SO THAT'S THE PIECE TO ME IS DIFFICULT TO SUPPORT SO I'D BE OKAY IN SUPPORTING THE INCENTIVES AS LAID OUT AND EVEN THERE'S MULTIPLE PHASES BUT WITH NO TIMELINES IT WOULD BE VERY DIFFICULT FOR ME TO SUPPORT ANY OF THAT. >> YEAH LOOK YEAH AND AS I MENTIONED BEFORE I JUST FUNDAMENTALLY DISAGREE WITH THAT I THINK WE'VE SEEN AGAIN AND AGAIN THAT SETTING ARBITRARY SHORT HAS NO IMPACT AND THEN WE HAVE PROJECTS ACTUALLY HAVE MORE BECAUSE THEY'RE TALKING TO FUNDERS THEY GET CLOSE TO A DEADLINE THEY WONDER IF THEY CAN CLOSE IN TIME AND WE'VE LITERALLY HAD THE BUILDER OF THE MURAL HAD TO COME BACK AND WAIT FOR US TO RENEW THIS MULTIPLE TIMES. THAT'S HOW LONG THESE THINGS TAKE. WHAT WE FIND IS THAT THE MARKET EBBS, FLOWS, A BUNCH OF PROJECTS GET FUNDED AND THEN THERE'S A SHORT TIMELINE THE DEVELOPERS WHO WANT TO BUILD IN THE DOWNTOWN OR ALREADY STRONGLY INCENTIVIZED TO BUILD THE MOMENT THEY CAN SECURE FUNDING. THEY WANT TO GO BECAUSE THAT'S THE ONLY WAY THEY MAKE MONEY OR SETTING AN ARBITRARY TIMELINE JUST MEANS WE HAVE THIS FIGHT AGAIN IN 18 MONTHS, 24 MONTHS AND WE REHASH IT ALL OVER AGAIN. WE'VE SEEN THIS MOVIE PLAY OUT BEFORE AND WE ALWAYS EXTEND THE TIMELINE BECAUSE THE FUNDAMENTAL PROBLEM IS THAT OUR COST OF CONSTRUCTION DOWNTOWN IS TOO HIGH RELATIVE TO RENTS AND IT DOESN'T PENCIL AND THE REASON WE'RE SUGGESTING TYING THIS TO A MILESTONE IS TO GET A CRITICAL SO THAT AS WE KEEP STUDYING THE FEASIBILITY OF DEVELOPMENT WE CAN LOOK FOR THAT CRITICAL MASS AND GET TO A PLACE WHERE SUDDENLY THE RENTS ARE HIGH ENOUGH TO ACTUALLY ATTRACT CAPITAL TO BUILD THESE PROJECTS. THAT'S GOING TO BE BASED ON THE VIBRANCY OF DOWNTOWN AND THE DENSITY. >> IT'S NOT GOING TO BE BASED ON AN ARBITRARY TIMELINE PICKED BY THE SYSTEM. I THINK THAT'S CONTRARY TO WHAT WE REALLY WANT. WE DON'T WANT RENTS BE INCREASING. OUR DESIRE IS THAT THE PEOPLE BE TO AFFORD THINGS SO WE'RE [06:55:04] LOOKING FOR THESE TO INCREASE THE RENT THEN WE ARE GOING IN THE WRONG DIRECTION BECAUSE. OUR DESIRE IS THAT THE MORE HOUSING WE'LL BUILD THE MORE AVAILABILITY WILL ACTUALLY MAKE THE HOUSING CHEAPER AND THE OVERALL MARKET IN THE OVERALL MARKET. >> BUT THE COST OF THIS KIND OF STEEL HIGH RISE CONSTRUCTION IS TOO BASED ON WHAT THE RENTS ARE DOWNTOWN WHICH IS WHY WE DON'T SEE ANY IT BUILT AND THAT'S WHY WE'RE TALKING ABOUT INCENTIVE PROGRAMS TO TRY TO GET HIGH RISE BUILT AND A MARKET IN WHICH IT DOES NOT. >> PENCIL YEAH SO SO I'M HAPPY TO DO THAT AND WITH THE HAVING THE HIGH RISE WE BUILT A LOT OF THEM BE BUILT AND BUILT QUICKLY WITH THE INCENTIVES AND HOPEFULLY THE RENTS ACTUALLY DECREASE RATHER THAN INCREASE. OKAY SO I'LL BE ABLE TO SUPPORT IT IF WE HAVE THE TIMELINE IN THERE OTHERWISE EVEN THOUGH ONE OF THE MOST FAVORITE ITEM I HAVE WANTED IT TO BE RIGHT FROM DAY ONE TO GIVE INCENTIVES SO THAT WE CAN GET THE DEVELOPMENT DONE, I WOULD NOT BE ABLE TO SUPPORT THAT. >> OKAY WELL. I'VE SEEN THIS MOVIE BEFORE IF THE COUNCIL FROM MAJORITY TO COUNCIL DECIDES TO GO WITH A TIMELINE I WOULD HIGHLY RECOMMEND A MUCH LONGER TIMELINE THAN WHAT WE'VE DONE IN THE PAST BECAUSE WE COME BACK AND HAVE THIS CONVERSATION EVERY THREE YEARS AND IT CREATES GREATER UNCERTAINTY IS EXACTLY WHAT WE'RE TRYING TO GET AWAY FROM. WE MAY WANT TO CALL DOWN A COUPLE OF THE DEVELOPERS, THE AUDIENCE TO VERIFY WHETHER OR NOT WHAT I'M SAYING IS TRUE. >> BUT WHY DON'T WE WHY DON'T WE CONTINUE HERE AND MAYBE I'LL DO THAT IF NO ONE ELSE DOES COUNCIL ARE FOLEY THANK YOU MAYOR AND YOU FOR THE PRESENTATIONS. I'M ACTUALLY VERY TO SEE IN THE INCENTIVES BUT I AM CONCERNED ABOUT THE ANY PARK INCENTIVES BEING EXTENDED OUT INTO THE GREATER CITY DOWNTOWN IT MAKES SENSE IT DOESN'T MAKE SENSE AT LEAST IT I AM NOT CONVINCED THAT IT MAKES SENSE IN ANY OTHER PART OF THE CITY REGARD THING THE THE MEMOS I AGREE WITH THE MAJORITY OF WHAT THEY SAY EXCEPT I TOO AM CONCERNED ABOUT NO TIMELINES AND A MAYOR DON'T ARGUE WITH ME BECAUSE I'VE ALREADY HEARD IT THANK YOU I KNOW WHERE YOU'RE COMING FROM AND JUST CLEARLY THERE'S TWO DIFFERENT SIDES HERE AND THAT'S OKAY TO BUT I DO HAVE A QUESTION WE DO HAVE SOME DEVELOPERS IN THE AUDIENCE SO WHOEVER WANTS TO COME DOWN TO THE PODIUM AND TALK TO ME, I WOULD LIKE TO KNOW THAT IF WE APPROVE THIS TODAY, WHO'S READY TO BREAK GROUND? ANYONE OUT THERE? OKAY. AND GARY, WHEN YOU COME DOWN I'D LIKE TO KNOW WHEN READY TO BREAK GROUND TODAY, 8:00 TONIGHT BECAUSE THE ARGUMENT IS THAT HERE WE SET THIS THIS INCENTIVE WE REMOVE THESE PARK INCENTIVES AND IT IT STIMULATES YOUR ABILITY TO DEVELOP. >> OKAY THAT'S GREAT AND WE ALL WANT DEVELOPMENT IN DOWNTOWN. NONE OF US ARE SAYING WE DON'T WANT DEVELOPMENT DOWNTOWN. MY CONCERN IS TO GIVE IT GIVE YOU FRANKLY AN OPEN CHECKBOOK THAT SAYS TEN YEARS FROM NOW YOU CAN USE THIS INCENTIVE I DON'T WANT YOU TO USE IT TEN YEARS FROM NOW THE NEED IS NOW THE NEED IS ACTUALLY TWO YEARS AGO WHEN INTEREST BY THE WAY WERE HISTORICALLY REALLY LOW AND DEVELOPMENT DID NOT OCCUR WHEN INTEREST RATES AT THEIR HISTORIC LOWEST. >> SO TALK TO ME SIR PLEASE TRY TO CONSUME THAT. YOU KNOW I GO BACK TO THE POINT ABOUT INCENTIVES THAT WE ALREADY HAVE AND I CAN'T SPEAK FOR ALL THE DEVELOPERS HERE BUT WE'VE INVESTED 300 MILLION DOLLARS IS ON TABLE RIGHT NOW. SO EVERY DAY THAT GOES BY WE'RE NOT MAKING MONEY IN THAT $3 BILLION IT'S LANDED HERE. WE'RE TRYING TO UNLOCK THAT 300 MILLION. >> SO WHEN PEOPLE SAY YOU NEED AN INCENTIVE, THIS WORRIES EVERY SINGLE NIGHT BECAUSE WE'RE NOT MAKING ANY RETURN ON THAT MONEY $300 MILLION. >> SO WE WANT WE'RE WORKING WITH OUR FINANCIAL PARTNERS AGGRESSIVELY TO TRY TO MAKE THESE NUMBERS WORK. >> THEY JUST DON'T PENCIL RIGHT NOW BECAUSE IF YOU DON'T GET HIGH ENOUGH FRIENDS YOU CAN'T GET THE RETURN ON THE MONEY FOR THE RISKS THAT YOU'RE TAKING THIS KIND OF A SUPPLY AND DEMAND ISSUE RIGHT NOW IN OUR REGION. >> I BELIEVE THAT, YOU KNOW, WE WANT RENTS INITIALLY GOES THROUGH THE ROOF BUT WE HAVE TO MAKE SURE THAT RENTS ARE HIGH ENOUGH TO CREATE MORE SUPPLY AND ULTIMATELY ONCE WE HAVE TWO, THREE, FOUR OR 5000 UNITS, HOPEFULLY THE MARKET WILL START STABILIZE AND WE'LL BE ABLE TO BUILD LOWER COST HOUSING AS WELL. IT'S REALLY KIND OF BUILDING PORTFOLIO SO TO ME IT'S A SUPPLY AND DEMAND EQUATION AND IF WE ONLY BUILD A FEW THOUSAND USE THE NEXT FEW YEARS YOU KNOW DAVID, WE HAVE NOT DONE OUR JOB I MEAN WE REALLY HAVE WE WE HAVE TO MAKE SURE THAT THE CITY THINKS ABOUT 10,015, 20,000 [07:00:05] UNITS IN THE NEAR TERM IN SOME CITIES LIKE YOU KNOW, IF YOU GO TO SEATTLE LAST QUARTER SEATTLE DELIVERED 6000 RESIDENTIAL UNITS IN ONE QUARTER AND 5900 OF THOSE UNITS WERE ABSORBED SO IT WASN'T LIKE THEY HAVE A BUNCH OF VACANT BUILDINGS SITTING AROUND SOMETIMES DELIVER 20,000 UNITS IN ONE SINGLE YEAR. THAT'S THE MENTALITY THAT WE NEED TO GET INTO. >> BUT UNLESS WE GET THIS PUMP THIS PUMP PRIMED AND GET OUR CONSTRUCTION MORE IN LINE WITH WHERE THEY NEED TO BE, WHERE THE RENTS ARE RIGHT NOW WE'RE GOING TO BE STUCK AND SO THAT'S WHY SOME OF THESE INCENTIVES WE BELIEVE WILL BE HELPFUL TO KIND OF UNLOCKING THIS. >> AND THEN YOU KNOW, AGAIN, WE WE WANT THE GUYS TO VOTE DOWN OUR HOPE AND I WISH I COULD GUARANTEE IT. >> AND IF YOU WANT TO TALK TO OUR LENDERS I'D LOVE TO HAVE YOU TALK TO THEM BUT IT'S HOPEFULLY THE NEXT FEW MONTHS CERTAINLY BY THE END OF THE YEAR IS WHEN WE BELIEVE THAT THAT PROJECT WILL BREAK GROUND . SO OKAY, SO I YOU'RE NOT GIVING ME A GUARANTEE. I APPRECIATE THAT YOU SHOULDN'T . I WISH I COULD. I KNOW I'D LOVE TO HEAR ONE BUT SO WHAT YOU'RE SAYING IS THAT INCENTIVES ARE HELPFUL AND IF YOU WE APPROVE IT TODAY YOU'RE CLOSE TO BREAKING GROUND. YOU HAVE YOUR FINANCING IN MONTHS AND MONTHS AND EVEN MONTHS, NOT YEARS, MONTHS. >> AND I WILL TELL YOU ONE OF THE THINGS I THINK THE CITY HAS SUFFERED FROM IN THE PAST IS THAT THERE SOME DEVELOPERS WHO HAVE VERY LOW BASIS ON THEIR PROPERTY THEY BOUGHT THE PROPERTY YEARS AGO AND SO THEY HAVE THEY'RE NOT PAYING TAXES. THEY'RE THEY'RE NOT LOOKING AT BIG VERY COST SO THEY CAN HOLD THE PROPERTY FOR 20, 30, 40, 50 YEARS. IT DOESN'T MATTER TO THEM. WE DIDN'T BUY PROPERTIES IN THE 1970S. WE BOUGHT PROPERTIES FIVE OR SIX YEARS AGO SO THAT'S WHY OUR $300 MILLION IS BURNING ON OUR POCKET RIGHT NOW AND THAT'S WHY WE'VE GOT TO GET SOME OF THESE PROJECTS OUT OF THE GROUND. THAT IS AN AMAZING INCENTIVE AND I LEFT FOR YOU GUYS THAT TO BE IN OUR SHOES TO UNDERSTAND THE PRESSURE THEY WERE UNDER. WE JUST DID NOT WANT TO SIT ON THE LAND. >> OKAY. AND AND I APPRECIATE THAT AND. >> THANK YOU FOR ANSWERING MY QUESTIONS. WHAT YOU'VE TOLD US IS THAT YOU'RE READY TO GO IF IT'S A SET OF IS PAST AND WHAT THAT SAYS TO ME THAT AN IN TIME A TIMELINE MIGHT BE HELPFUL BECAUSE YOU'RE GOING TO GO YOU'RE NOT GOING TO GO IN FIVE YEARS DOWN THE LINE YOU'VE GOT MONEY BURNING A HOLE YOUR POCKET NOW THAT YOU'RE YOU'RE PROBABLY PAYING FOUR OR YOU'RE GETTING READY TO PAY FOUR IF YOU HAVEN'T ALREADY. >> YOU NEED TO GET IT TO WORK FOR YOU OR YOUR BANK TO GET IT TO WORK FOR YOU SO YOU CAN BUILD AND RENT START EARNING A PROFIT THAT WAY. >> YEAH I THINK AND I GO BACK TO WHAT MATT WAS JUST SAYING THAT IT'S NOT NECESSARILY YOU KNOW IF WE PUT THIS ARTIFICIAL TIMELINE IN PLACE IN 2019 OR 2020 WE'D ALL BE SITTING AROUND TWIDDLING OUR THUMBS, RIGHT? >> SO SOMETIMES CAN'T LIKE THE MACROECONOMICS AND REALLY MAKE THOSE KIND OF DECISIONS. THOSE ARE OUTSIDE OF OUR CONTROL. I WILL TELL YOU WHEN WE WENT OUT FOR FUNDING FOR BOTH TOWN WE WENT TO 28 BANKS. >> WE GOT ONE PROPOSAL JUST ONE RIGHT. >> SO THAT DEMONSTRATES WHERE THE FINANCIAL MARKETS THAT WE THINK IT'S STARTING TO TO LIFT A LITTLE BIT BUT WE REALLY THE FEDS GOING THERE'S THERE'S SOME THESE OTHER KIND OF THINGS THAT PLAY THE ELECTION CERTAINLY IMPACTS A LOT OF DECISIONS TO BE MADE SO THESE ARE THE KIND OF THINGS THAT WE'RE TRYING TO NAVIGATE BUT. >> I WILL TELL YOU THAT MOST OF DEVELOPERS IN THIS ROOM HERE WHO HAVE THESE HIGHER BASIS IS WE DO NOT MAKE MONEY WITH LAND JUST SITTING THERE VACANT AND YOU KNOW, OUR GOAL IS WE HAVE ALL THESE ASSETS. WE'RE TRYING TO BRING A CERTAIN VIBRANCY. WE HAVE A CRITICAL MASS OF UNITS SO IT'S NOT JUST BUILDING 1000 WE WANT IT BUT A LOT MORE THAN THAT. WE'VE GOT TO GET THE PUMP PRIMED AND WE THIS WILL HELP KIND OF GET US TO THAT POINT. OKAY. I APPRECIATE THAT. THANK VERY MUCH. >> WELL, SO SO I DON'T HAVE ANY MORE FOR YOU UNLESS ANY OTHER DEVELOPERS UP THERE WANT TO COME DOWN AND PAY TESTIMONIAL TESTIMONY TO ME. OH JOSH, I SEE IS GETTING READY TO COME DOWN. >> THANKS, GARY. OKAY. THANK YOU FOR YOUR TIME. APPRECIATE IT. STAY CLEAR. >> YOU KNOW THIS IS HELPFUL FOR US TO HEAR ABOUT WHAT YOU'RE GOING THROUGH BOOTS ON THE GROUND DEVELOPERS YOU'RE GETTING READY YOU'VE I KNOW YOU'RE YOU'VE GOT A LOT OF PROJECTS THAT YOU'RE HOPING TO BUILD UP AND YOU HAVEN'T BEEN ABLE TO. >> SO TONIGHT TELL US WHAT'S GOING ON WITH YOU ON WHETHER YOU'RE HOW CLOSE YOU ARE SO UM I THINK YOU AN ANECDOTE ON THE GRADUATE SO THEY DID GET ONE OF THE TOWERS BUILT DOWNTOWN AND PAM I DON'T KNOW OFF THE TOP OF THE HEAD DO YOU KNOW HOW MUCH OF OF HIGH RISE AND SOME OF THAT WENT INTO THAT PROJECT. >> I HAVE NO IDEA EXACTLY. ALL ANYONE CARES ABOUT TODAY FIVE YEARS LATER IS THAT THERE'S 1100 SAN JOSE STATE STUDENTS PLOWED INTO THE SOFIA DISTRICT. ALL THE THEATERS, ALL THE RESTAURANTS, THE OF INCREASE IN PROPERTY TAX THAT HAS GONE TO THE CITY'S GENERAL FUND FROM THAT SINCE TAKING WHAT WAS A SINGLE STOREY BUILDING AND VACANT LAND AT THE TIME AND PUTTING A 200,000,000 MILLION HIGH RISE ON IT HAS OUTWEIGHED ALL OF THE INCENTIVE THAT WENT TO THAT PROJECT STAFF IT IS ON THE MARKET FOR SALE THIS YEAR. [07:05:02] THERE WILL BE ADDITIONAL REVENUE THERE SO AND BY THE WAY THE INITIAL INCENTIVE THAT WENT INTO THAT PROJECT AS AN EXAMPLE IT LOWERED THE COST AND ALL THESE PROJECTS ARE BEING BUILT TO A MINIMUM RETURN. I DON'T THINK ANYONE ON COUNCIL BUT ACTUALLY INVEST YOUR OWN MONEY INTO THESE PROJECTS BUT THERE ARE LARGER INSTITUTIONAL EQUITY GROUPS OUT THERE THAT INVEST IN THESE TYPES OF THINGS BUT IT LOWERS THE COSTS AND THAT GOES TO THE RENTER AT ALL COSTS JUST GET PASSED AND DO A RENT FOR A MINIMUM RETURN AND YOU KNOW AS A STAFF MENTIONED THERE WAS A REPORT FROM CENTURY URBAN. >> I MEAN EVEN IN THE MONTHS SINCE THAT INITIAL REPORT WHERE THEY DID THAT NEXUS WITH FOR STAFF YOU KNOW THE RETURN MATCH KERNELS OF CHANGE WITH THE EQUITY MARKETS. >> I DO WANT TO GIVE YOU ANOTHER ANECDOTE IN ANTICIPATION OF THIS COMING BACK TO THE COUNCIL WE GOT TURNED DOWN BY MULTIPLE EQUITY. WE PITCHED ABOUT 4 TO 5 EQUITY GROUPS NONE OF THEM LIVE HERE TO INVEST HUNDREDS OF MILLIONS OF DOLLARS INTO INTO SAN JOSE INTO OUR PROJECTS IN DOWNTOWN MOST OF OUR PORTFOLIOS. AND IT'S INTERESTING IN ANTICIPATION THIS IT IS A REALLY GOOD MARKETING TOOL AND IT HAS MOVED THE NEEDLE ENOUGH WITH SOME OTHER MASSAGING THE FINANCIAL MODELS THAT THEY'RE LIKE ACTUALLY I THINK WE WILL TAKE THIS TO COMMITTEE AND LOOK AT IT ANYWAYS AND THEN ANOTHER SEGWAY IS AND I KNOW COUNCIL MEMBER TORRES KNOWS ABOUT THIS HE MEETS WITH ALL OF OUR SMALL BUSINESSES ON A WEEKLY BASIS IN THE DOWNTOWN CORE BUT THEY'RE THEY'RE STRUGGLING RIGHT NOW AND YOU KNOW COUNCIL MEMBERS ANECDOTE ABOUT HAVING CRITICAL MASS TO GET A GROCERY STORE THAT'S TOTALLY TRUE BUT I THINK WE NEED TO BIFURCATE LIKE DO WE WANT TO HAVE CRITICAL MASS DOWNTOWN TO SUPPORT ALL OF OUR EXISTING WE HAVE BART COMING I WAS JUST AT A BART GROUNDBREAKING LAST FRIDAY WE HAVE BILLIONS OF DOLLARS IN INFRASTRUCTURE ARE COMING IN. WE NEED TO GET FOLKS TO USE THE TRAINS THAT WE'RE BUILDING. WE NEED FOLKS TO SUPPORT ALL OF OUR EXISTING LIFESTYLE ENTERTAINMENT AND NONPROFIT INFRASTRUCTURE DOWNTOWN AND AND BY THE WAY, IN ADDITION TO ALL THAT ANY ONE TIME INCENTIVE THINGS THE CITY IS GOING TO MAKE UP TEN X OF THE LIKE LIFE CYCLE OF THESE BUILDINGS AND COUNCIL GETS VOTE ON WHAT TO DO WITH ALL THAT EXCESS GENERAL FUND MONEY THAT'LL COME AND IT'S IN PERPETUITY AND IT GOES UP 2% EVERY YEAR. >> THANK YOU I APPRECIATE THAT. MY TIME IS TICKING AWAY SO. THANK YOU BOTH OF YOU OR ALL OF YOU FOR SHARING WITH US WHAT'S HAPPENING AND HOW MIGHT BE ABLE TO GET SOME UNITS BUILT AND RENTERS IN PLACE AND MORE INCREASING THE VIBRANCY OF DOWNTOWN. >> IT'S HUGELY IMPORTANT TO ALL OF US. THANK YOU SO JUST WITH THAT ALL I'LL FINISH BY SAYING I I ABSOLUTELY SUPPORT THE INCENTIVES IN THE DOWNTOWN HIGH RISE AREA VERY CONCERNED ABOUT ANY SORT OF PARK INCENTIVE IN THE OUTSIDE IN THE DISTRICTS AND HOW THAT WILL AFFECT US. BUT I WOULD LIKE TO SEE SOME TIMELINE AS TO IN THE PROPOSAL THANK YOU. >> OKAY THANKS COUNCILMEMBER APPRECIATE THAT UM WE'VE GONE THROUGH A ROUND OF COMMENTS WE HAVE MORE HANDS UP TO BACK AROUND I HAVE A FEW QUESTIONS AS WELL GARY IF I COULD HAVE YOU ACTUALLY I'M SORRY COUNCILOR ORTIZ, YOU HAVEN'T COMMENTED YET. I SEE YOUR HAND HERE ON THE LIST. >> DO YOU WANT TO GO FIRST? THAT'D BE GREAT. MAYOR. >> THANK YOU SO MUCH. THAT WAS IN THE CHOCOLATE. YEAH. >> SO REALLY APPRECIATE MY COLLEAGUES AND THIS VERY LIVELY DISCUSSION YOU I'M STILL YOU KNOW, DECIDING EXACTLY WHERE I'M GOING TO BE BUT I COULD JUST TELL YOU SOME THINGS THAT ARE IMPORTANT TO ME SO AND I'M DEFINITELY SUPPORTIVE OF THE CONCEPT REMOVING BARRIERS TO DEVELOPMENT FOR PROJECTS IN DOWNTOWN AND AND OF COURSE NORTH SAN JOSE ABSOLUTELY. I THINK IT'S IMPORTANT THAT WE STREAMLINE HOUSING, CREATE OPPORTUNITIES FOR PEOPLE TO GAIN HOUSING HERE IN THE CITY OF SAN JOSE. I ALSO WANT TO SAY THAT I AGREE WITH COUNCILMEMBER BATRA IT'S VERY IMPORTANT THAT WE DO NOT INCREASE RENT OR PEOPLE LIKE ME. >> YOUNG PEOPLE WHO ARE STARTING FAMILIES ARE NOT GOING TO BE ABLE TO AFFORD TO LIVE IN DOWNTOWN SAN JOSE AND THEN WE WON'T SEE THE VIBRANCY THAT WE SEE RIGHT NOW IN THE SOFA DISTRICT OTHER AREAS. >> SO SUPPORT THAT MANTRA. >> HOWEVER, YOU KNOW I THINK IT'S VERY IMPORTANT TO MAKE SURE THAT WE'RE INCLUDING WORKER PROTECTIONS FOR THOSE WHO WORK ON THESE PROJECTS AS [07:10:04] WELL AS WORKFORCE PROGRAMS TO MAKE SURE THAT WE'RE BUILDING A PIPELINE FOR OUR LOCAL RESIDENTS. >> AND THEN FINALLY JUST GIVEN THE DEVELOPMENT AND AND HOW CRUCIAL THE PARK DOLLARS WILL BE IN THE FIVE ISLANDS AREA AND THE ALAMO URBAN VILLAGE, I'M NOT SUPPORTIVE OF EXPANDING THESE INCENTIVES OUTSIDE THE DOWNTOWN AREA FOR FOR NOW BECAUSE I FEEL LIKE WE'RE RELYING ON THOSE INCENTIVES FOR THE FIVE OWENS TRAIL AND VARIOUS OTHER PARKS IN THE EAST SIDE AND. ALL THAT'S GOING TO BE VITAL FOR THE BEAUTIFICATION OF OUR AREAS AND OPEN SPACES IN DISTRICT FIVE AND DISTRICT THREE. >> SO THREE THREE QUICK QUESTIONS. SO I WANTED TO CLARIFY I THINK NORA MENTIONED THIS EARLIER. I'M NOT SURE IF I HEARD HER PROP PROPERLY BUT DO THESE PROJECTS YOU KNOW THAT RELATE TO DOWNTOWN AND THE DOWNTOWN HIGH INCENTIVE DO THEY QUALIFY FOR PREVAILING WAGE EITHER UNDER STATE LABOR CODE OR CITY CODE TO THE EXTENT THAT THEY'RE PRIVATE COUNCILMEMBER AND IT'S FOUND TO BE FINANCIALLY INFEASIBLE FOR THEM TO BE BUILT THESE FEE WAIVERS AND THOSE KINDS OF THINGS WOULD NOT BE CONSIDERED SUBSIDIES AND WITHOUT A SUBSIDY THE LABOR REQUIREMENTS DON'T KICK IN SO SO JUST JUST I WANT TO MAKE SURE I UNDERSTAND THAT SO IF IT'S FINANCIALLY VIABLE. >> YES. BUT IF IT'S NOT FINANCIALLY YOU KNOW IF IF THE PROJECTS ARE CONSIDERED TO BE AND THESE ARE JUST DOWNTOWN HIGH RISES RIGHT NOW IF THEY'RE CONSIDERED TO BE FINANCIALLY WITHOUT THE OR EVEN WITH THE INCENTIVES I SHOULD SAY THEN THEY ARE NOT THEY DO THE THE WAIVER WAIVER IS NOT CONSIDERED A SUBSIDY SO THE ANSWER IS NO. >> RIGHT. OKAY. ALL RIGHT. YES HAS TO BE A SUBSIDY TO KICK IN THE LABOR REQUIREMENTS FOR PRIVATE PROJECT. BUT IF IF COUNCIL MADE FINDINGS THAT SUPPORTED WHAT YOU NEED UNDER 14.10 THEN IT'S NOT A SUBSIDY AND THE AND THE LABOR ISSUES DON'T KICK IN SO THAT THAT WAS GOING TO BE MY NEXT QUESTION I WAS GOING TO ASK YOU IF THIS PROGRAM QUALIFIES UNDER THE 14.10 AND I GUESS THE OFFICIAL POSITION IS NO CORRECT . >> OKAY. ALL RIGHT. THANK YOU. AND THEN FINALLY I THOUGHT IT WAS VERY HELPFUL TO HEAR FROM OUR DEVELOPERS ON HOW THIS IMPACTS THEIR INDUSTRY AND OUR ABILITY TO DEVELOP HOUSING. I WANTED TO HEAR DIRECTLY FROM OF OUR LABOR REPRESENTATIVES ON HOW THIS IMPACTS OUR WORKFORCE. WILL SMITH REPRESENTATIVE FROM IBEW 332 CAN PLEASE COME DOWN IN AND SHARE WITH COUNCIL MEMBERS HOW THIS IMPACTS WORKFORCE HERE IN SANTA CLARA COUNTY. >> THANK YOU COUNCILMEMBER ORTIZ FIRST AND FOREMOST. WE TALKED ABOUT THINGS EBB AND FLOW WITH THE HOUSING MARKET AND WITH CONSTRUCTION IN GENERAL IN THIS AND WITH SOME OF THE EBBS. I'VE BEEN TOLD BY TIME AND TIME AGAIN THAT SOMETIMES WE DON'T HAVE THE SKILLED AND TRAINED WORKFORCE TO MAN THESE PROJECTS AND THAT'S WHY IT'S HUGE TO HAVE A PIPELINE. THAT'S WHY SOMETHING LIKE THIS WAS IMPORTANT TO HAVE AN INCENTIVE PROGRAM THAT ENCOURAGES LOCAL HIRE AS WELL AS APPRENTICESHIP AS WELL AS PRE APPRENTICESHIPS IBEW 332 MET THE BUILDING TRADES. >> WE WORK HAND IN HAND WITH THE TOP PROGRAM AND SO THIS PROGRAM GIVES PEOPLE OF COLOR AT RISK YOUTH. IT GIVES VETERANS IT GIVES PEOPLE AN OPPORTUNITY TO FIND A PATHWAY INTO THE MIDDLE THAT MAY NOT BE GOING TO SCHOOL AND GETTING DEGREE BECAUSE IT'S ALWAYS PREACHED TO GO TO SCHOOL, GET A DEGREE, SO ON AND SO FORTH. >> AND THAT'S NOT EVERYBODY'S PATH. SO HAVING A HIGHLY SKILLED, HIGHLY TRAINED WORKFORCE AND GIVING OPPORTUNITIES INTO THE MIDDLE CLASS I THINK IS SOMETHING THAT SHOULD DEFINITELY BE ATTACHED TO ANY INCENTIVES OR GIVEAWAYS FOR THE COMMUNITY. >> THANK YOU. [07:15:01] THANK ALL. I APPRECIATE THAT. THAT WAS MY MAIN QUESTION. >> JUST TO MAKE SURE THAT YOUR VOICE IS INCLUDED IN THE DISCUSSION. >> AND IN REGARDS TO A TIMELINE, I KNOW THAT'S A MAJOR DEBATE RIGHT NOW. PERSONALLY I FEEL LIKE WE SHOULD ALWAYS BE BRINGING THIS BACK TO COUNCIL BECAUSE YOU KNOW, AS AS WELL MENTIONED THESE THESE SORT OF THE MARKET EBBS AND FLOWS. RIGHT. WE MAY NOT HAVE MONEY TO DO CERTAIN THINGS RIGHT NOW BUT THAT MAY CHANGE IN THE FUTURE. WE MAY NOT, YOU KNOW, BE ABLE TO ATTACH LOCAL HIRE RIGHT NOW. BUT IF WE LOOK IN THE FUTURE OF MAKING SURE THAT WE HAVE ROBUST APPRENTICESHIP PROGRAMS, PIPELINES THAT IS SOMETHING THAT CAN DO IN THE FUTURE. >> SO I DON'T I DON'T AGREE WITH NECESSARILY PUTTING A NO DATE ON THIS SORT OF INCENTIVE AND I'LL SUPPORT MAKING SURE THAT THERE'S TIMELINES. >> THANK YOU. >> OKAY. THANKS, COUNCILMEMBER. I WANT TO ASK YOU A COUPLE OF QUESTIONS AND. I THINK I'LL ASK THE TWO DEVELOPERS TO COME BACK DOWN. I WANT TO BE CLEAR THAT THERE'S A DEADLINE THERE SEEMS TO BE THIS NOTION THAT SOMEHOW THERE ISN'T BECAUSE WE HAVEN'T SET A DATE. THE ARGUMENT WE'RE HAVING IS FUNDAMENTALLY ABOUT WHETHER OR NOT THE DEADLINE FOR THE FIRST SET OF INCENTIVES IS BASED ON ARBITRARY DATE THAT WE SET HERE TONIGHT THAT SAYS IN 18 MONTHS THIS MUST HAVE HAPPENED VERSUS DEADLINE OF A NUMBER OF UNITS. AND MY ARGUMENT IS SIMPLY AND I I'VE HEARD THIS IN MY STAKEHOLDER ENGAGEMENT AND AND COLLEAGUES LIKE COUNCILOR DAVIS WHO HAVE LOOKED WATCHED THIS VERY CLOSELY FOR YEARS AND COUNCILOR TORRES WHO REPRESENTS THE DOWNTOWN THAT SETTING A SHORT TIMELINE WITH INTEREST RATES WITH THE TIME IT TAKES TO AMASS FINANCING WITH NEGOTIATING WITH BARGAINING UNITS, WITH ALL THE THINGS THAT THAT OCCUR ACTUALLY HIS BECAUSE IT CREATES UNCERTAINTY AND GREATER RISK BECAUSE YOU MAY. IT MAY LAPSE AND THEN YOU'RE IN LIMBO AND YOU GOT TO COME BACK AND HOPE THAT THE COUNCIL WANTS TO RENEW IT VERSUS SETTING A DIFFERENT OF DEADLINE THAT IS BASED ON A UNIT COUNT WHICH IS ACTUALLY MEANINGFUL PROGRESS IN AN ACTUAL MARKET MILESTONE THAT WE CARE ABOUT WHICH IS THAT WE NOW HAVE 2000 NEW HOUSING UNITS IN THE DOWNTOWN OR WE NOW HAVE 4000 NEW UNITS IN THE DOWNTOWN AND IT MAKES SENSE FOR THE INCENTIVES TO BE KEYED OFF OF WHERE WE ARE AND COME DOWN AS WE HIT ACTUAL MILESTONES THAT WE CARE ABOUT NOT ARBITRARY DATES THAT WE SET. AND IN ALL MY SO LET ME LET ME JUST I'LL REFRAME THE QUESTION HERE. WHY DON'T WE START WITH GARY AND THEN I'LL GO TO I'LL GO TO JOSH IF YOU GUYS IF YOU'RE GOING TO COME DOWN I'LL JUST ASK AGAIN. >> I'M NOT SURE WE GOT CLARITY FROM YOUR ANSWERS BEFORE. >> IS IT IS IT BETTER IN YOUR PERSPECTIVE FOR THE COUNCIL TO SET A DEADLINE OF THE THE FIRST INCENTIVE WHICH IS THE DEEPEST INCENTIVE TO DISAPPEAR BASED ON AN ARBITRARY DATE THAT WE SET OR BASED ON THE DOWNTOWN HITTING ACTUAL MILESTONE OF GETTING 2000 MORE UNITS? BILL I THINK THAT'S FUNDAMENTALLY THERE'S SOME OTHER THINGS THAT HAVE BEEN RAISED ABOUT INCENTIVES OUTSIDE OF DOWNTOWN WHICH I APPRECIATE WE'RE JUST TALKING ABOUT STUDYING THAT NO DECISIONS BEING MADE TONIGHT BUT JUST ON THAT POINT CAN WE JUST GET CLARITY? IS IT WHICH IS BETTER IN TERMS OF GIVING YOU THE CERTAINTY TO GO GET THE FINANCING? >> YEAH, I GUESS MY POINT IS THAT WE AS A CITY WE NEED TO SEND A MARKET TO SEND A MESSAGE THE FINANCIAL MARKETS AND I THINK AT A PLACE LIKE SEATTLE SAY HEY LISTEN WE'RE FOR BUSINESS. >> WE WANT TO BUILD AT SCALE. WE WANT TO CREATE CERTAINTY AND BECAUSE OF THAT IT'S CREATED THIS THIS TREMENDOUS AMOUNT OF CONSTRUCTION HAS TAKEN PLACE OVER THE LAST FEW YEARS. I THINK WHEN WE TALK ABOUT KIND OF MICROMANAGES 18 MONTHS, 24 MONTHS, SIX MONTHS ALL OF A SUDDEN FINANCIAL MARKETS GO WHAT IS THIS CITY REALLY TRYING TO GET TO 20,000 UNITS? IT JUST FEELS LIKE THEY'RE JUST SO FOCUSED ON THESE ARBITRARY TIMELINES. >> YOU KNOW, HOW DO THEY MAKE DECISIONS. >> SO SO OUR HOPE IS TO SAY GUYS, LISTEN, THE FINANCIAL MARKETS RECOGNIZE THIS IS A COMPELLING PLACE TO WORK. THE CITY COUNCIL SAID HEY, WE JUST GOTTA GET THESE FIRST FEW THOUSAND JOBS OUT THE DOOR. AND THAT'S WHY I DO THINK THAT THE ARE MUCH MORE IMPORTANT THAN THE TIMELINE. >> BUT I THINK AS SOON AS YOU START TO PUT THESE BOUNDARIES ON IT JUST MAKES THINGS MORE COMPLEX. WE HAVE GET THOUSANDS OF UNITS OUT OF THE GROUND. >> WE NEED MORE DEVELOPERS TO COME HERE AND TO BELIEVE IN THE CITY AND TO KIND OF TREAT IT MORE LIKE A SEATTLE THAT THAT'S WHERE WE SHOULD BE IN 5 TO 7 YEARS. SO SO IN MY OPINION THAT THE TIMELINES A 19 MONTHS IS A 22 MONTHS IS IT TEN YEARS? THOSE ARE THAT'S AN IMPOSSIBLE QUESTION TO ANSWER. BUT IF WE GET A FEW THOUSAND YEARS OUT OF THE GROUND IT DEMONSTRATES THAT MOMENTUM IS STARTING TO BUILD. THAT'S WHY I THINK THAT'S THE THING TO BE MOST FOCUSED ON AND IT REALLY WILL SEND A VERY STRONG MESSAGE TO THE MARKETPLACE THAT HERE'S WHAT WE WERE TRYING TO DO WE'RE TRYING TO REMOVE RISK AND ALLOW YOU TO RELEASE PRODUCTS TO TAKE THIS TO SCALE. >> BUT IT HAS TO START WITH THESE FIRST 50,000 UNITS. >> AND I ALSO SAY THAT, YOU KNOW, WE WORK VERY CLOSELY WITH GUYS LIKE WILL WE SPENT A LOT OF TIME WITH WILL AND WE REALLY BELIEVE AND YOU HAVE TO HAVE THE BEST WORKERS ON THESE PROJECTS AND THESE GUYS DO A TREMENDOUS JOB SO ULTIMATELY, YOU KNOW, OUR GOAL IS TO CREATE THOUSANDS AND THOUSANDS OF JOBS HERE AND HOPEFULLY ALLOW THOSE [07:20:04] CONSTRUCTION WORKERS WHO BUILD A CITY TO LIVE IN THIS CITY AND THAT'S WHAT THEY DESERVE. >> AND RIGHT NOW THE ONLY WAY TO TO I'LL GIVE YOU AN EXAMPLE LIKE WE'RE WORKING ON BOTH DOWN RIGHT NOW BUT RIGHT NEXT DOOR TO IT WORKING ON PACIFIC MOTOR IN THE GOAL THERE IS TO ACTUALLY HAVE AFFORDABLE OF MARKET RATE AND IN THAT COMPLEX WE'LL BE ABLE TO SHARE A GARAGE AND THEN WE'LL TAKE THE CONSTRUCTION CREW THAT WORKS ON BOTTOM WE'RE MOVING ON TO PMI AND ALL OF A SUDDEN YOU START TO CREATE ECONOMIES OF SCALE TO TAKE THAT PRICING DOWN AND YET WE WANT TO GET OUR AFFORDABLE UNITS DOWN TO $500,000 VERSUS $1.2 MILLION. SO THESE ARE THE KIND OF GOALS THAT WE HAVE. >> BUT THE MORE CONSTRAINTS WE HAVE, THE SLOWER IT'S GOING TO BE TO MOVE IN. AND I DO THINK THE FINANCIAL MARKETS ARE RIGHT THERE. THEY WANT TO MOVE IN IN THE CITY WE. >> JUST NEED TO MAKE A FEW TWEAKS. OKAY. THANKS, NEAL. JOSH, LET ME CALL YOU UP AND ASK THE SAME QUESTION IN TERMS OF SENDING SIGNAL TO THE MARKET AND ENABLING YOU TO GO SECURE FINANCING AND PROJECTS FORWARD, IS IT PREFERABLE TO HAVE THE COUNCIL SET A DEADLINE OF 18 MONTHS OR TO KICK OFF OF A UNIT COUNT MILESTONE THAT WE ACTUALLY GOT? WE ACTUALLY GOT TO A NEW MILESTONE OF RESIDENTIAL DENSITY IN THE DOWNTOWN? >> YEAH. THANK YOU. YOU KNOW WHEN I READ THE IN THE BLUE MEMO PROPOSAL ONE OF THE ATTACHED I WAS HOW I READ IT WITH THERE'S LIKE THE DIFFERENT PHASES THAT IS AN ARTIFICIAL TIMELINE AND THAT LIKE IT'S WHICH IS GREAT BECAUSE IT CREATES COMPETITION WHICH IS SPEED AND SO LIKE I'M CHASING UP AGAINST OR A HANDFUL OF OTHER PROJECTS TO GO FOR THAT FIRST BATCH BUT I'M NOT WORRIED ABOUT LIKE THE ENTIRE PROGRAM SUNSETTING. AND SO WHEN WE'RE TALKING AND I THAT EVEN IN THIS WHOLE THING IS A MARKETING ITEM FOR THE CITY TO SAY WE'RE ON THE MAP AND THESE INVESTORS THEY THEY THEY GET TO PICK WHERE THEY WANT TO INVEST AUSTIN, FLORIDA AND OTHER OTHER AND STATES AND SO WE'RE TRYING TO PUT SAN JOSE ON THE MAP TO GET THESE PROJECTS BUILT SO YOU'RE RACING TO GET TO THAT 2000 JUST TO BE CLEAR. I WANT TO MAKE SURE MY COLLEAGUES HEAR THIS YOU'D BE RACING TO GET TO THE 2000 UNIT MILESTONE ZONE AND IT IS ALREADY RIGHT THERE BASED ON THE UNIT IS A TIMING HURDLE IN ITSELF WITHOUT US FREAKING OUT INVESTORS THAT YOU GET ON THE FISH ON THE LINE WORRYING ABOUT THIS THE SUNSET SO WHICH WE'VE HAD HAPPEN AND OTHER ITERATIONS OF THIS OVER THE PAST DECADE SO CAN YOU JUST RESTATE LAST POINT THERE IF WE SET AN ARBITRARY DATE WHAT HAVE THERE'S ARBITRARY WHAT WE'VE SEEN IN THE PAST IS WITH THE ARBITRARY SUNSET DATES THEY BECOME PROBLEMATIC FOR THE CAPITAL MARKETS. THESE ARE THE CONSTRUCTION LENDERS AND THE LIMITED PARTNER EQUITY GROUPS THAT THAT WE ENGAGE IN TRY TO TO INVEST IN SAN JOSE IT'S BEEN PROBLEMATIC AND I KNOW HAVING HAVING SPECIFIC DATES WHERE IT LAPSES ACTUALLY UNCERTAINTY HAVING AN EVERGREEN PROGRAM THAT SAYS UNTIL WE GET 25,000 NEW HUMANS IN THE DOWNTOWN CORE TO CREATE THAT MASS THAT'S THAT'S LIKE THE NORTHSTAR FOR FOR OUR DOWNTOWN AND BY THE WAY DOWNTOWN'S OPPOSED STAMPS TEN BUCKS BY TEN BLOCKS YEAH WELL I FIND THAT COMPELLING I HOPE MY COLLEAGUES HEARD THAT BUT THAT'S HELPFUL TO KNOW THAT HAVING THAT ARBITRARY DATE THAT IS LOOKING OUT THERE TO LAPSE SIX 1218 MONTHS ACTUALLY INJECTS UNCERTAINTY FOR FINANCIERS ACTUALLY MAKES YOUR JOB HARDER BECAUSE THEN THEY WANT TO WAIT AND SEE IF THE COUNCIL IS GOING TO RENEW IT BASED ON A DATE. >> SO THAT'S USEFUL. THANK YOU. I WANT TO GO TO COUNCILMEMBER TORRES. >> I ACTUALLY HAVE A I HAVE A QUESTION FOR GARY BUT THEN I ALSO HAVE A QUESTION FOR FOR WILL BECAUSE THIS IS MY SECOND ROUND SO IT GOES FROM 10 MINUTES TO 5 MINUTES. SO COME ON DOWN. WILL PRICES. >> AND THEN BEFORE I DO ASK MY TIME LINE ON HOW LONG I CAN STAY HERE. >> YEAH. BEFORE I DO BEFORE I ASK MY QUESTIONS I'LL GET YOU UP BEFORE I DO ASK MY QUESTIONS. SO THE FE AND THE MURAL THOSE ARE THE THOSE ARE TWO MOST RECENT HIGH RISES HERE IN IN DOWNTOWN. >> AND I WANT TO LET FOLKS KNOW WHO ON ON ON THE DAIS WHO WHO ARE KIND OF, YOU KNOW, STILL SKEPTICAL ABOUT ABOUT PASSING THIS THOSE TWO BUILDINGS USED UNION SHOPS. >> THEY USED UNION SHOPS. THEY USED OUR UNION CLASS FAMILY IN SANTA CLARA COUNTY TO BUILD THOSE TWO BIG BEAUTIFUL BUILDING. SO. SO I'M SUPPORTING SUPPORTING THIS ITEM BECAUSE IT IT THESE WE KNOW THAT ONCE WE BREAK GROUND WITH THESE BUILDINGS THEY'RE GOING TO BE UNION SHOPS. WE KNOW THAT. AND SO THE QUESTION THE QUESTION I HAVE FOR GARY IS IF THIS INCENTIVE AND I KNOW THERE'S CONCERNS FROM FROM SOME OF MY COLLEAGUES REGARDING [07:25:05] TIMELINES BUT IF IF IF THIS INCENTIVE IS NOT PASSED TODAY, WHAT HAPPENS TO MOTOWN? >> THE MOTOWN WOULD PROBABLY JUST SIT ON HOLD FOR A WHILE. YOU KNOW, WE'RE NOT IF THAT SIX MONTHS, 12 MONTHS, EIGHT MONTHS WE'RE JUST NOT SURE THAT WE'RE IN ACTIVE CONVERSATION RIGHT NOW WITH WITH A NUMBER OF DIFFERENT DINO FINANCING INSTITUTIONS AND THEY ARE JUST SAYING WE ARE CLOSE TO GETTING THIS OUT OF THE GROUND. AN INCENTIVE LIKE THIS I THINK PUSHES US THE TOP. >> OKAY. SO EFFECTIVELY ARE JUST SIT THERE. SORRY TO USE THIS TERM BUT IT IS KIND OF LIKE IT SAID IT AGAIN IT'S GOING TO SIT THERE EMPTY AND VACANT. >> RIGHT. WELL LISTEN WHEN WHEN SOMETHING THEY'RE EMPTY IT'S COSTING MONEY EVERY SINGLE DAY SO AND THESE ARE THINGS THAT EXTREMELY PAINFUL TO US. >> OKAY. AND THEN THE QUESTION I THINK THANK YOU, GARY. >> THE QUESTION THAT I HAVE IS AGAIN WILL WILL SMITH LOVE THE NAME WILL SMITH WAS WAS IBEW USED FOR THE VAI AND THE MURO OR WORD SHOPS USED FOR THE FE IN THE MURAL FOR THE MIRO FOR SURE. >> AND WHAT WAS THE OTHER PROJECT WHICH IS ON IN THE SOFA DISTRICT THE FE. YEAH THERE'S THE 27 BUILDING ON THE ON AT END OF THE SOFA DISTRICT I READ I BELIEVE SO YES. >> OKAY GREAT. THANK YOU. WELL I APPRECIATE IT. >> SO YOU KNOW I'M I REALLY WANT TO GET THIS OVER THE FINISH LINE SO NOT SURE IF DAVID YOUR HANDS UP A POTENTIAL SUB MOTION FOR FOUR TIMELINES BUT IF YOU WANT TO LET LET IT SAY IT GO GO AHEAD. >> HE'S NOT ASKED HE'S NOT ASKING FOR IT BUT I MEAN ALL RIGHT. WE'LL GO TO COUNCILOR ON LOOK, THERE'S A THERE'S A WHOLE LOT IN THESE MEMOS ON DOWNTOWN HIGH RISE SO I MEAN I GET THAT THERE'S THERE'S A BIG VISION FOR DOWNTOWN AND I KNOW THAT GARY YOU KNOW YOU HAVE A VISION BEYOND THE NEXT PROJECT IN THE NEXT PROJECT TO SOMETHING BIGGER AND MAYBE IT'S A LEAD TO 5000 UNITS IN FIVE YEARS OR MAYBE YOU KNOW, IT'LL TAKE LONGER YOU CAN UNDERSTAND THE HESITATION ON THE HISTORY OF THESE INCENTIVES AND HOW THEY DIDN'T INCENTIVIZE THE WAY WE WANTED THEM TO BECAUSE WE GOT TO MAYBE NOT EVEN 2000 UNITS IN SEVEN YEARS OF THESE INCENTIVES. AND SO YOU CAN UNDERSTAND IT'S NOT CLEAR TO ME THAT THESE ARE THE INCENTIVES THAT ARE GOING TO MAKE IT WORK, THAT THERE'S SO MANY OTHER FACTORS THAT MAKE IT WORK OR NOT WORK. HAVING SAID THAT, I FOLEY SUPPORT EXTENDING THE INCENTIVES THE QUESTION REALLY IS WHAT'S THE RIGHT TIMELINE TO DO THAT? AND I KNOW WE'VE HAD THIS DEBATE TIMELINES ARE BETTER OR NOT. >> WE HAVE PLENTY OF CHANCES TO CHECK IN AND I THINK IT'S HEALTHY. I MEAN I KNOW WE MANY OF US SAY OH WE DON'T LISTEN TO THIS. >> THIS IS DIFFICULT. BUT I THINK IT'S THAT'S OUR JOB IS TO HAVE DIFFICULT CONVERSATIONS PERIODICALLY AND CHECK IN AS TO WHAT'S WORKING AND WHAT'S NOT. I HAVE NO PROBLEM WITH HAVING THIS DIFFICULT AGAIN IN TWO YEARS AND FIGURING OUT TODAY WHAT'S THE RIGHT TIMELINE WILL INCENTIVIZE ENOUGH PROJECTS BUT GIVE US TIME TO MAKE SURE THAT WE DON'T GET RIGHT UP AGAINST A DEADLINE THAT CAUSES A PROBLEM FOR THE NEXT ROUND AND ALLOWS US TO HAVE THIS CONVERSATION. THERE ARE THERE ARE FOUR ITEMS IN THE AGENDA THAT ARE IN THE MOTION MEMO THAT MAKE ME THINK WE HAVE OTHER CONVERSATIONS TO HAVE NUMBER ONE ITEM TWO IN YOUR GROUP MEMO CONTINUE TO IDENTIFY AND IMPLEMENT ADDITIONAL ADMINISTRATIVE AND ENVIRONMENTAL MEASURES TO STREAMLINE THE APPROVAL AND CONSTRUCTION PROCESS THAT'S THAT'S IMPORTANT AND WE SHOULD BE DOING THAT. >> NUMBER THREE IF FEWER THAN 1000 RESIDENTIAL HIGH RISE UNITS RECEIVE BUILDING PERMITS BY DECEMBER 2025, RETURN TO COUNCIL. TALK ABOUT WHAT ELSE WE CAN DO TO MAKE IT EVEN MORE ADVANTAGEOUS. ON THE FLIP SIDE WE COULD EVEN AMEND THAT TO SAY AND IF MORE 1000 ARE HIT FASTER THAN OUR DEADLINE LET'S COME BACK AND TALK ABOUT WHETHER WE WANT TO EXTEND IT FURTHER. RIGHT? I MEAN WE HAVE PLENTY OF FLEXIBILITY TO TO DO THAT IN OUR MOTION TODAY. NUMBER FOUR IN THAT MEMO PROVIDE ANNUAL UPDATES ON DOWNTOWN HIGH RISE RESIDENTIAL . IN OTHER WORDS, IS IT WORKING? IS IT NOT WORKING? WHAT IS THIS THE RIGHT LEVER NUMBER FOR A THE MEMO FROM ME AND COUNCILMEMBER JIMENEZ COMPLETE RECOMMENDATION FIVE OF A MEMO FROM LAST OCTOBER WHICH ASKED FOR OTHER THAT COULD BE STUDIED THAT WOULD HELP INCENTIVIZE INCLUDING BUILDING CODE DESIGN GUIDELINES AND OTHER THINGS TO INCORPORATE THOSE FINDINGS IF WE MOVE FORWARD AND SAY THIS IS THE INCENTIVE AND WE'RE SAYING THERE'S IT'S OPEN ENDED WITHOUT DEADLINE THAT THE THE INCENTIVE FOR US AS A COUNCIL TO LOOK AT THOSE OTHER THINGS, FIGURE OUT WHAT WORKS, FIGURE OUT WHAT MIGHT BE BETTER LEVELS, FIGURE OUT WHAT'S WHAT THE CURRENT INTEREST RATE ENVIRONMENT IS IN YEARS GOES AWAY AND I AM LOATH TO DO THAT I WILL, YOU KNOW, MAY SAY THE SAME THING WE SAID ABOUT THE CONVERSATION THAT HAPPENED SOMEWHAT PUBLICLY NOT [07:30:04] AS A COUNCIL MEETING BUT SOMEWHAT PUBLICLY THE PROPOSAL TO DOWNSIZE THE FLEA MARKET PROPERTY LAST THIS THIS YEAR WHEN WE WENT HAD A NEGOTIATION WITH THE PROPERTY OWNERS THERE THEY WERE SAYING WELL THIS DOESN'T PENCIL OUT. >> YOU HAVE TO LET US DO IT LOWER ZONING LOWER DENSITY HERE BECAUSE IT'S THE ONLY WAY YOU'RE GOING TO GET A PROJECT AND MY ARGUMENT WAS WE SHOULDN'T MAKE PERMANENT DECISION BASED ON CURRENT CONDITIONS. WE HAVE TO UNDERSTAND THE MARKET AND MAKE DECISIONS THAT BASED ON MARKET CONDITIONS. SO I GET THAT THERE ARE THERE SOME QUESTIONS OF CERTAINTY AND YOU KNOW, MAYBE 18 MONTHS IS TOO SHORT OF A TIMELINE. >> I'M NOT CONVINCED THAT THIS IS THE RIGHT APPROACH TO TO JUST PUT NUMBER OF UNITS AND SAY EVEN IF IT TAKES TEN YEARS TO BUILD THOSE 2000 UNITS, THE INCENTIVES SHOULD STILL BE THERE. >> SO I DON'T KNOW WHAT YOU KNOW, I WOULD LIKE TO ASK FOR FRIENDLY AMENDMENT. I UNDERSTAND THAT THE OTHER GROUP IS SORT OF, YOU KNOW, LESS INCENTIVIZED TO DO THAT BUT I FEEL LIKE THERE'S A TIMELINE WE COULD PUT IN HERE TO INCENTIVIZE US TO HAVE CONVERSATIONS REGULARLY ON WHAT ARE THE RIGHT INCENTIVES FOR THIS FOR THIS TO INCENTIVIZE DEVELOPMENT DOWNTOWN. >> I DO JUST WANT TO NOTE THAT EVEN OVER THE LAST TEN YEARS, EVEN WITH SOME OF THE LOWEST INTEREST RATES IN MODERN HISTORY, THESE THESE PROJECTS ARE INCREDIBLY DIFFICULT TO GET TO PENCIL AND WE'VE NEVER SEEN OUR DOWNTOWN HAVE THE RENTS AND THE COST OF CONSTRUCTION GET TO A PLACE WHERE THERE WERE IT'S VERY FAVORABLE NOT TO SAY SOME PROJECTS DON'T MOVE BUT I THINK THE REASON I PERSONALLY AND I THINK OUR BROWN ACT FELT COMFORTABLE WITH TARGETING UNITS BUILT AS A MILESTONE WAS ACKNOWLEDGING THE FACT THAT EVEN LOOKING BACK OVER THE LAST TEN YEARS IT'S IT'S NEVER BEEN EASY TO GET FINANCING IN AND THIS IS ALMOST TABLE STAKES RIGHT SO WE HAD THESE INSTANCES EVEN WITH THESE INCENTIVES RIGHT SO I MEAN THAT'S KIND OF IT SO THIS IS TO ME SORT OF BASELINE EVEN THOUGH WE'VE RENEWED THE INCENTIVES MULTIPLE TIMES EVEN THOUGH WE'VE COME BACK AND SORT OF SAID TO OURSELVES WELL WE'LL CHECK IN IN YEARS THE COST OF CONSTRUCTION WHICH WILL CONTINUE DOING THE ANALYSIS AND WE'LL CONTINUE HAVING THAT CONVERSATION, IT SAID. BUT WE'VE ALWAYS FOUND THE NEED TO EXTEND THEM BECAUSE OF HOW FAR OFF WE'VE BEEN AND THAT LOOKS TO BE THE CASE FOR THE FORESEEABLE FUTURE RATHER THAN REHASHING THIS DEBATE 18 MONTHS OR EVERY THREE YEARS AS WE'VE DONE SO MANY TIMES WHY NOT BAKE THIS IN UNTIL WE GET TO REAL DENSITY DOWNTOWN AND LOOK AT OTHER LEVERS WE MIGHT FIND AND FOCUS OUR ENERGY ON OTHER THINGS WE NEED TO DO TO SPEED CERTAINTY AND FIND OTHER WAYS OF GETTING CLOSER TO COMMUNITIES TO PENCIL AGAIN, I'VE HAD DISCUSSIONS WITH MANY OF THE SAME FOLKS AND MANY AND MANY OF THEM SAY THAT THERE'S OTHER LEVERS THAT WOULD BE MORE VALUABLE OUR SPEED OR SOME OF OUR OTHER REGULATORY THINGS AND SO SO I MEAN I DON'T AND I YOU KNOW NO DISRESPECT IS GOOD. THESE ARE GOOD FRIENDS OF MINE THAT ARE THERE FROM THE DEVELOPER COMMUNITY TALKING. BUT YOU KNOW, I CLEARLY NOBODY'S GOING TO THEY'RE NOT TO STAND UP HERE AND SAY WELL YOU DON'T REALLY NEED THIS INCENTIVE. >> I MEAN CLEARLY THAT'S THAT'S NOT GOING TO BE THE ANSWER WE HEAR. >> BUT THERE ARE LEVERS THAT ARE THAT COULD BE MORE MORE IMPACTFUL. AND I JUST I JUST DON'T THAT WE HAVE THE INCENTIVE TO MAKE THOSE TO MOVE THOSE LEVERS FORWARD WITHOUT SOME KIND OF TIMELINE HERE. >> I MEAN I'LL JUST ASK OTHER I'LL DO THIS I HAVEN'T ASKED YET FOR FRIENDLY AMENDMENTS. I'LL DO IT AND OBVIOUSLY NOT WEDDED TO SOME 18 MONTH NUMBER OR SOMETHING LIKE THAT. >> SO I WILL SUGGEST IT AND I'M OKAY WITH YOU. >> LOOK, IF THE COMPROMISE IS 2000 UNITS INSTEAD OF 1000 WHICH INCREASES EVEN THE NUMBER THIS APPLIES TO ON YOUR 2000 PHASE ONE PUTTING A 30 MONTH IT'S AN EXTRA 12 MONTHS AN EXTRA YEAR 30 MONTH TIMELINE ON THAT ONE AND THEN INCREASE THAT'S SECOND PHASE THAT THE STAFF RECOMMENDATION SAID 12 MONTHS AFTER FOR THE NEXT 22,000 UNITS I THINK IT WAS 2080 UNITS OR WHATEVER IT WAS INCREASE THAT TO ANOTHER TWO AND A HALF YEARS AND THE NEXT TO 2000 UNITS SO YOU HAVE 4000 UNITS AND FIVE YEARS OF TIME TO ME WE WILL SEE BECAUSE I DON'T THINK ANY IF THESE PROJECTS ARE GOING TO MOVE FORWARD, THEY'RE GOING TO MOVE FORWARD IN NEXT YEAR OR TWO AND WE'LL HAVE TIME TO ONCE TO IDENTIFY HOW THAT'S WORKING TO COME BACK WITH SOME OF THESE OTHER FOUR ITEMS ON HERE THAT WE'RE ASKING FOR ABOUT OTHER LEVERS AND REEVALUATE WHETHER OR NOT THOSE LEVERS COULD BE MORE VALUABLE, WHETHER THESE EVEN MADE A DIFFERENCE. THEY HOPEFULLY WILL AS AS WE'VE HEARD FROM TESTIMONY HERE AND IT GIVES US TIME TO HAVE LEAD TIME TO REDUCE UNCERTAINTY THE END OF THAT THAT WINDOW. SO I'LL ASK FOR THAT AS A FRIENDLY AMENDMENT WHICH YOU KNOW THAT'S NOT WHAT I WAS LOOKING BUT YEAH, I DON'T KNOW LIKE YOU ASKED FOR WHAT YOU ASKED FOR SO WHAT WHAT WERE YOU LOOKING FOR I THINK THAT'S A NO. >> I DO SEE OTHER HANDS. YEAH BUT I DON'T KNOW. I HEARD THERE IS A NO YEAH. >> OKAY. SORRY THAT'S NO ALL RIGHT YEAH THAT'S A THAT'S AN NO. >> THAT'S OKAY. GOT IT. OKAY I. >> DID SEE OTHER HANDS GO UP AFTER COUNCILMEMBER COLLIN MADE HIS COMMENT SO THERE MAY BE OTHER SUGGESTIONS BUT THAT GUY MAKE CERTAIN OTHER COLLEAGUES I MEAN I MADE I MADE MY COMMENTS THAT I WAS GOING TO MAKE. I'M TRYING TO AVOID THE AT THIS POINT THE OPTION THAT WE ALSO HAVE AVAILABLE TO US [07:35:03] OF SUBSTITUTING THE ENTIRE MOTION. I'M TRYING TO SEE WHETHER WE GET SOMEWHERE WE MAY, YOU KNOW, MAY COME TO THAT. I'M WAITING TO HEAR OTHER OTHER FEEDBACK. I'M STILL TAKING ALL MY INPUT HERE BUT I'M THANKS COUNCILMEMBER TURNER, THE VICE MAYOR THANK YOU. YOU KNOW I WAS THINKING IT'D BE GREAT TO HAVE SOME KIND OF MONITORING AS WE LOOK YOU KNOW, AS WE LOOK INTO WHAT WORKS AND DOESN'T WORK. AND I KNOW THAT THERE ARE MANY REPORTS THAT COME TO SAID IT WOULD BE NATURAL IF ON I DON'T KNOW WHAT THE FREQUENCY WOULD BE MAYBE TWICE A YEAR THAT WE WOULD GET UPDATE US ON HOW IS IT GOING AND THOSE WE COULD ALWAYS CROSSREF TO THE CITY COUNCIL TO LET YOU KNOW SO THAT EVERYBODY HAS THE ABILITY TO HAVE THE DISCUSSION HEY LOOK, YOU KNOW WE GOT OUR FIRST THOUSAND OR YOU KNOW IT'S GOING WELL OR OH GOSH YOU KNOW WE DIDN'T EVEN GET ONE. SO I THINK THAT IT WOULD BE APPROPRIATE TO SEND IT TO THE CODE COMMITTEE AND AND HAVE THAT SORT OF AT LEAST BE THE THE THE THE INFORMATION MONITORING THAT WE WOULD NEED INSTEAD OF SAYING OH WELL WE'RE GOING TO DO TWO YEARS OR TWO AND A HALF YEARS OR THREE YEARS OR WHATEVER TIMEFRAME IT IS AT ANY POINT IN TIME WE SHOULD BE INFORMED AS TO HOW IS IT GOING RIGHT. >> MAYBE IT'S ANNUAL THING I DON'T KNOW. >> BUT I WOULD THINK THAT THAT IS SOMETHING THAT CAN COME TO COMMITTEE AND I'M HOPING THAT I CAN DO A FRIENDLY AMENDMENT OF JUST HAVING IT GO TO COMMITTEE AND THEN CAN BE CROSS-REFERENCED THE THE ENTIRE CITY COUNCIL. >> YES. YES AND SO JUST SO I'M CLEAR. OKAY. SO THAT WAS ACCEPTED. I WANT TO CLARIFY THE FRIENDLY AMENDMENT TESTS WERE DONE SO ACCEPTS THE FRIENDLY AMENDMENT SO THE THE UPDATE WOULD COME TO SEE WHAT FREQUENCY JUST SO I'M CLEAR. >> WELL YOU KNOW MAYBE THAT'S THAT'S KIND OF OPEN TO HOW IT LOOKS LIKE CHRIS WANTS TO WEIGH IN. >> OKAY. THANK YOU, MAN. >> SO WE DO PROVIDE A LOT OF THIS INFORMATION CURRENTLY AND A COUPLE OF DIFFERENT FORUMS SO WE INCLUDE IT IN OUR UPDATES TO CD WITH THE HOUSING CRISIS WORK PLAN. >> THE OTHER THING THAT WE DO WE BRING THE COST OF DEVELOPMENT REPORT AND THE DEVELOPMENT FEE FRAMEWORK TO CITY COUNCIL ON AN ANNUAL BASIS WHICH IS INTENDED TO BE THE FRAMING WHICH WE TALK ABOUT WHERE DEVELOPMENT FEASIBILITY SITS THROUGHOUT THE CITY. SO IT INCLUDES TYPE ONE DEVELOPMENT IN DOWNTOWN IT LOOKS AT THE VAST AND IT TELLS YOU KIND OF HOW ARE WE DOING AGAINST HOUSING PRODUCTION THIS IS WHERE THE SORT OF COST AND FEASIBILITY ARE SO IT WAS MOST LIKELY THAT WE'LL USE AS THE VEHICLE TO CONTINUE HAVING THIS CONVERSATION WITH THE CITY COUNCIL. >> THAT'S FINE. OKAY. SO IT IS THEN THE IT'S ACCEPTED AS FRIENDLY AMENDMENT BUT BUT YOU'RE SAYING ON AT LEAST AN ANNUAL BASIS IS GETTING THIS UPDATE AS WELL AS JUST SORT OF IT'S CLEAR A COST OF DEVELOPMENT STUDY THAT ALWAYS BE AN OPPORTUNITY IF SOMETHING RADICALLY CHANGED AND LONG BEFORE 10,000 UNITS WERE BUILT THINGS WERE TAKING OFF LIKE A ROCKET SHIP AND THOUGHT THAT THE INCENTIVES WERE NO LONGER REQUIRED OR SOMEHOW TO TOO GENEROUS EVEN THOUGH I DO WANT TO NOTE THEY ACTUALLY AREN'T THERE FOR THE WHOLE 10,000 YEARS THEY PHASE BACK DOWN TO THE STANDARD INCENTIVES THAT WE'VE HAD OVER THOSE THREE PHASES BUT THEN THE COUNCIL ALWAYS AS WE ALWAYS CAN DO COULD BRING BACK AND CHANGE OUR POLICY. >> THAT WOULD BE SOMETHING THE COUNCIL COULD DO IN THE FUTURE RATHER THAN HAVING IT BE A TIMER THAT TICKS DOWN AND THEN HITS AN ALARM CLOCK AT SOME ARBITRARY POINT IN THE FUTURE. >> SO THAT OPPORTUNITY COMES TO CD EVERY YEAR SO THE COST OF DEVELOPMENT COMES TO COUNCIL THE FULL COUNCIL THAT'S RIGHT I RECALL YEAH. HOUSING CATALYST COMES TO CITY . >> SO AGAIN WE TALK ABOUT HOUSING PRODUCTION WHERE THE SORT OF OVERALL PICTURE IS THROUGH CITY THE COST OF DEVELOPMENT COMES TO COUNCIL AND IN THE UNLIKELY EVENT THAT THAT CD OR THE FULL COUNCIL FELT WOW LIKE THINGS ARE TAKEN THESE INCENTIVES ARE TOTALLY UNNECESSARY WE WOULD HAVE THE AUTHORITY TO CHANGE THE PROGRAM WOULD WE NOT? >> ABSOLUTELY YES. AT ANY GIVEN TIME. YES. >> OKAY, GREAT. ALL RIGHT. DON'T SOUND SO CONCERNING THAT COUNCILOR ABOUT YOUR I THINK WE HAVE AGREED THAT THE INCENTIVES TODAY NEED TO PASS BECAUSE WE NEED TO GET MORE DEVELOPMENT DONE. >> THE IDEA ABOUT THOSE UNITS IF WE GET IT ANY TIME WAS OKAY BUT WE ARE NOT DOING THAT. >> WE ARE TRYING TO CONVEY A SENSE URGENCY THAT WE WANT THIS DEVELOPMENT YESTERDAY BUT WE ARE OKAY TOMORROW. SO WITHOUT A TIMELINE IN THERE THERE IS NO SENSE OF URGENCY CONVEYED NOW I HEARD VERY LOUD AND CLEAR THAT HE'S GOT $300 MILLION WHICH HE WOULD LIKE TO HAVE SOME RETURN ON IT BUT SOMEBODY ELSE IS SITTING ON A PROPERTY WHERE THEY HAVE NO REAL REASON TO MOVE QUICKLY. [07:40:01] I THINK IS A IMPORTANT MESSAGE FOR EVERYBODY TO HEAR THE POTENTIAL MARKET, THE DEVELOPERS AND THE FUTURE RESIDENTS THAT WE DO CONSIDER GETTING MORE HOUSING IN SAN JOSE A IMPORTANT ITEM AN ITEM AND HENCE WE ARE GIVING INCENTIVES AND ENCOURAGING PEOPLE THERE BUT WE ARE ALSO AT THE SAME PUTTING A TIME LIMIT SO THAT THEY WILL MOVE FASTER SO. SO I DON'T SEE THAT THIS THING IS IN CONTRADICTION WITH IN FACT IT IS MUCH MORE IN LINE WITH WHAT WE WANT TO ACHIEVE AND AND IF PEOPLE DO WE FIND THAT WE HAVE 2000 UNITS DONE OR NOT DONE WE ALWAYS HAVE THE OPTION TO EXTEND THINGS. >> I DON'T FINANCIAL MARKETS ARE THAT UNFAMILIAR. THIS BUSINESS DOESN'T CREATE THE UNCERTAINTY WE'RE TALKING ABOUT. >> IT GIVES THEM AN OPPORTUNITY TO MOVE IN FASTER AND CLOSE ON THE PROJECT IF THEY'RE REALISTIC REASON THEY HAVEN'T LIKE OR IF THE AND OTHER STUFF GOES SLOW WELL THOSE ARE THE OTHER WE ARE TRYING TO WORK ON TO MAKE THINGS GO FASTER. SO I DO BELIEVE IN ORDER TO CONVEY TO EVERYBODY THE THAT THERE IS A SENSE OF URGENCY IN CITY OF SAN JOSE'S SERIOUS ABOUT SOLVING ITS SHORTAGE OF HOUSING PROBLEM. >> OUR INCENTIVES SHOULD BE LINKED WITH THE TIMELINE. CO APPRECIATE YOUR POINT I THINK WE'VE TRIED THAT AND NOT FOUND IT TO BE COMPELLING. I THINK WE HEARD SOME OF THE BARRIERS RISKS ENTAILED WITH THAT BUT COUNCILMEMBER FOLEY HOPEFULLY WE'RE GIVING YOU THE LAST WORD AND WE CAN TAKE A VOTE AT THE RISK OF DYING ON MY SWORD ON THIS I'M GOING TO TRY FOR TIMELINE FRIENDLY AMENDMENT AGAIN THAT THE FIRST SEGMENT OF CONSTRUCTION OR INCENTIVE B FOR A FIVE YEAR PERIOD AND THE SECOND ONE BE FOR A TWO YEAR PERIOD. SO THAT'S A TOTAL OF SEVEN YEARS FIVE YEARS FOR THE FIRST BECAUSE I'M HEARING FROM THE DEVELOPER IS FIVE SEEMS TO BE AN IMPORTANT NUMBER SO I'M HOPING THAT THE MAKER OF THE MOTION CAN ACCEPT FIVE AND TWO AS A FRIENDLY AMENDMENT SURE THANK YOU YES YES SO GIVE US THE SECOND YEAR. >> OKAY SO WAY THAT I CALL FOR THE QUESTION. >> OKAY. SO JUST TO CLARIFY THOUGH AND THEN WE'LL VOTE THERE ARE NO OTHER HANDS UP EITHER WHICH IS GOOD FIVE YEARS WOULD BE THAT FIRST TRANCHE OF THAT DEEPEST INCENTIVE. >> THE SECOND LEVEL OF INCENTIVE WOULD BE FOR TWO YEARS AFTER THAT LOOK, IS THAT CLEAR TO EVERYONE? SO CLEAR STAFF NO QUESTIONS. OKAY, LET'S VOTE MOTION PASSES UNANIMOUSLY. >> OKAY. THANK ALL. >> ALL RIGHT. WE HAVE A COUPLE OF ITEMS LEFT IS 630 I THINK WE LOOK INTO THE COUNCIL DO WE WANT TO PUSH THROUGH DO WE WANT TO PAUSE ANY PUSH I SUGGESTED OKAY, WELL SEE HOW WE DO ON THE NEXT ONE AND I'M HOPING THE NEXT ONE IS GOING TO BE FAIRLY STRAIGHTFORWARD. WE'LL GO TO ITEM 8.3 AND WE HAVE A STAFF PRESENTATION. ERIC WHEN YOU'RE READY FEEL FREE TO BEGIN. >> THANK YOU MAYOR SO WHAT I'M PRESENTING YOU TODAY IS A BRIEF RECAP OF AN AFFORDABLE HOUSING DEAL WITH OUR PARTNERS WITH CHARITIES HOUSING WHO ARE IN THE AUDIENCE TODAY TO BRING FORTH THE SANTA TERESA PROJECT SO I'LL BRIEFLY KIND OF GO THROUGH THE CONSTRUCTION OF THE DEAL. SO THIS IS A 9% LOW INCOME HOUSING TAX CREDIT APPLICATION AND THIS WILL BRING 48 UNITS OF DEEPLY ONTO THE MARKET BOTH 20 FIVE AT THE EXTREMELY LOW INCOME, 23 AT THE LOW INCOME AND THEN THIS IS DONE IN PARTNERSHIP WITH THE COUNTY AS WELL AS WITH THE SANTA CLARA HOUSING AUTHORITY WHO IS PROVIDING OPERATING SUBSIDIES THROUGH THEIR PROJECT BASED VOUCHER PROGRAM THAT CONTRIBUTES JUST OVER $19 MILLION OVER THE 20 YEAR TERM OF THE HOUSING OPPORTUNITY CONTRACT. >> SO THIS DEAL PROVIDES AND EXPANDS CONTINUES MEETING OUR GOALS AROUND THE HOUSING ELEMENT. IN ADDITION, JUST IN A QUICK RECAP OF SORT OF SOURCES AND USES FOR THIS DEAL IS THE CITY OF SAN JOSE'S THAT WE LEVERAGE AS I MENTIONED JUST OVER 4 MILLION AND COUNTY DOLLARS AND THEN IF THE APPLICATION IS AWARDED THEY WILL BRING IN ABOUT 26 MILLION IN 9% LONG TERM HOUSING TAX CREDITS AND [07:45:03] THEN OVERALL THERE'S A BREAKDOWN AS YOU CAN SEE IN THE SLIDE OF THE USES FOR THIS LOOKING AT CONSTRUCTION SOFT COSTS AND TOTAL DEVELOPER FEE LAND COSTS. SO IT IS A SOFT RECOMMENDATION AS THIS IS ONE OF THE NEW FOR 2023 RESPONSE PROJECTS THAT WERE SELECTED BY THE COMMITTEE. THE STAFF RECOMMENDS APPROVAL AND COMMITMENTS FOR MOVING FORWARD. RIGHT THANK YOU APPRECIATE THAT PRESENTATION TONI DO WE HAVE ANY PUBLIC COMMENT OKAY LET ME SEE THAT THE MICROPHONE NOT ON THIS OKAY I DON'T HAVE A CARD FOR YOU FOR 8.3 BUT GO AHEAD. >> OKAY, BLAIR, GO AHEAD. I JUST TURNED IT IN BEFORE YOU STARTED. THANK YOU. >> THANKS A LOT FOR THIS ITEM. REALLY NICE TO READ IN HERE TO OFFER SO MUCH VERY LOW AND EXTREMELY LOW HOUSING IS RARE AND SO NEEDED FOR OUR FUTURE I MEAN THIS IS THE GOOD STUFF. THIS IS THE GOOD AND TRYING TO BUILD A HOLISTIC FUTURE AS PART OF THAT HOLISTIC FUTURE I HOPE JUST TO ONCE AGAIN REMIND THE IMPORTANCE OF MIXED IDEAS BUILDING HER THAT WE CAN BUILD BOTH MIDDLE INCOME AND VERY LOW INCOME AND MARKET RATE ALL THE SAME NEIGHBORHOOD. IMAGINE THAT CONCEPT GOOD LUCK THAT WE WORK TOWARDS THAT SORT OF COOPERATION AND GOOD WITH THAT. THANK YOU FOR THE PREVIOUS ITEM THAT CONSISTENCY IS IMPORTANT TO BUILD THE FUTURE OF INCLUSION FEES THAT THAT HELP THESE SORT OF PROGRAMS HERE. GOOD LUCK TO BUILDING CONSISTENCY AND WE ALL AGREE THAT WE'RE TRYING TO BUILD THE FUTURE OF LOW INCOME HOUSING. >> THANK YOU. BACK TO. >> GREAT THANK YOU VICE MAYOR FOR THANK YOU. YOU KNOW I AM EXTREMELY SUPPORTIVE OF AFFORDABLE HOUSING I DID HAVE A QUESTION REGARDING WHEN THE FINAL AWARD RECOMMENDATION OF THE SOFA CAME OUT. >> I DID HAVE A LOT QUESTIONS AS TO WHY THE NO FIRST SCORE WAS THAN THE PANEL RANKING. I MEAN TO ME IT'S SORT OF LIKE WERE NO FIRST SCORES THAT WERE HIGHER THAN WHAT WAS FINALLY RANKED IN THE PANEL AND UNDERSTAND THAT THERE IS A A DISTINCTION BETWEEN QUALITATIVE AND QUANTITY NATIVE SCORING SO I JUST WANTED JUST SORT OF HAVE THAT OUT IN THE PUBLIC AND CLARIFIED. SO THAT'S ONE THING. AND THEN THE OTHER THING IS ENSURING THAT WHENEVER WHENEVER THE CITY PUTS IN DOLLARS INTO A PROJECT THAT WE ARE NOT SEED FUNDING THAT WE ARE GAP FUNDING AND THAT THERE ARE ADDITIONAL FUNDING COMMITTED SO THAT YOU KNOW WE ARE LEVERAGING WHATEVER IS THERE AS OPPOSED TO HAVING TO WAIT BECAUSE THE WHOLE OBJECTIVE I THOUGHT WAS WE WANT THESE DOLLARS TO BREAK GROUND, GET ON YOU KNOW GET ON WITH WITH BUILDING AND I JUST WANT TO ENSURE THAT THAT IS THE CASE AND IT WASN'T CLEAR TO ME THAT THAT WAS CASE OR AT LEAST IT JUST THERE WERE TOO MANY DIFFERENT FACTORS THAT THAT I I WAS SURE ABOUT THAT. >> SO THOSE TWO THINGS. >> YES. SO TO THE FIRST QUESTION YES, THE PRIOR NO NOTE CONTAINED BOTH QUALITATIVE AND THEN QUANTITATIVE REVIEWS WHICH CREATED FROM MY ASSESSMENT COMING INTO THE JOB SOME INTERESTING REVIEWS AND OBSERVATIONS AS TO HOW WE GOT TO THE FINAL SCORING FOR EACH OF THESE PROJECTS. SO MOVING FORWARD WE WILL LOOK TO CLARIFY THAT IN THE NEXT UPCOMING NO FUSS. >> AND THEN TO YOUR QUESTION TO YES AT THIS POINT FOR THIS PROJECT THIS IS AT THIS POINT A CREDIT APPLICATION. >> SO ALL THE OTHER ADDITIONAL FUNDS AS LISTED IN THE POWERPOINT PRESENTATION ARE HAVE A SUBJECT TO CONDITION WHICH IS GET AN AWARD AND THEN I CAN KIND OF THEN MOVE FORWARD WITH CONFIRMATION. SO THAT IS ANOTHER SORT OF QUIRK IN THE PROCESS THAT WE HAVE TRADITIONALLY THE DEPARTMENT HAS HAD IN COMING BEFORE THIS COMMITTEE IN THE COUNCIL FOR APPROVAL THAT WILL NEED TO HAVE FOR THE CONVERSATIONS THAT CLEAN SOMEHOW ADOPTS THAT WAY THERE IS APPROVAL BY COUNCIL THEN MOVING FORWARD TO CONSTRUCTION MUCH MORE EXPEDITED AND SPEEDIER BASIS THAN KIND OF THE PAST PRACTICE OF COMING BEFORE COUNCIL SINKING MULTIPLE IN SOME CASES ON DIFFERENT OTHER STRUCTURES OF DEALS AND NOT ABLE TO KIND OF MOVE FORWARD [07:50:01] PROGRESSIVELY WITH THE DEAL AND ENSURING THAT ALL THEIR FUNDS ARE FIRMLY COMMITTED PRIOR TO COUNCIL AND THEIR APPROVAL. >> YEAH, I THINK THAT THAT WOULD BE HELPFUL AND YOU KNOW IN TERMS OF OF THE MOST LIST IT IS MY UNDERSTANDING THAT WE WILL NOT HAVE ANOTHER NO FOR THAT WE'RE JUST GOING TO USE THIS LIST AND THAT'S WHY I THINK IT BECOMES MUCH MORE IMPORTANT TO REALLY HAVE GOOD UNDERSTANDING OF THE SCORING AND THE RANKING BECAUSE YOU KNOW IF THEY WERE SCORED AND RANKED UNDER YOU KNOW, SOME OF THE KIND OF CIRCUMSTANCES I WOULD BE VERY CONCERNED THAT SOMEONE WOULD BE AWARDED AND I'M NOT SAYING THIS IS HAPPENING BUT I'M JUST EXPRESSING MY CONCERN THAT SOMEONE WOULD BE AWARDED FUNDS AND THEN WE'D HAVE TO SIT ON THOSE FUNDS WHILE THEY GET THE REST OF THEIR FINANCING TOGETHER. AND SO I JUST WANT TO MAKE SURE THAT, YOU KNOW, CONDITIONS ARE PUT OR WHATEVER IT IS THAT'S NECESSARY SO THAT YOU KNOW, WE'RE LEVERAGING THESE VERY LIMITED DOLLARS AS MUCH AS POSSIBLE AND I KNOW THAT THIS APPLICANT HAS OTHER OTHER PROJECTS GOING RIGHT AND MY THOUGHT IS HEY, I'D LOVE TO SEE, YOU KNOW, SHOVEL IN THE GROUND, GET IT GOING AND YOU KNOW, HERE WE GO. >> SO SO I JUST WANT TO ENSURE THAT THAT IS GOING TO BE THE CASE. >> YES. AND MOVING FORWARD AS I'M REVIEWING ALL OF THE PRIOR SANOFI COMPARING ITS AUDITS LANGUAGE OTHER THAN LOOKING AT COMMITTED, YOU KNOW, CAPITAL STOCKS, I'M ASKING A LOT OF QUESTIONS OF STAFF TO ENSURE REORIENT THE CITY'S ROLE WITHIN SOME OF THESE DEALS MOVING TO ENSURE EFFICIENCY OF PROCESS TO ENSURE PREDICTABILITY OUR DEVELOPERS AND TO ENSURE THAT OUR DOLLARS GET MAXIMIZED IN YEAH BUT I MEAN WE ARE GOING TO BE USING THIS LIST THERE'S NOT GOING TO BE A NEW LIST. THAT'S CORRECT. WE'RE STILL GOING TO BE MAINTAINING THAT LIST RIGHT? >> SO SO AS LONG AS THAT'S THE CASE I WANT TO MAKE SURE THAT WE'RE NOT GOING TO BE AWARDING A A PROJECT THAT IS NOT READY. >> CORRECT. AND THAT IT'S GOING TO BE MOVING FORWARD AS WE'RE LOOKING THROUGH THAT LIST AND THEN AS I'M GOING THROUGH THAT REVIEW DETERMINING WHETHER WHAT IS THE READINESS OF IT IS, A GOOD WAY TO DESCRIBE IT TO ENSURE THAT WE STILL MAINTAIN THE COMPLIANCE WITH THE NOVA THAT WAS PUT IT OUT THERE AT THE SAME TIME ENSURE THAT READINESS CHECK IS IS A CLEAN CHECK AND REVIEW SO I CAN PROVIDE KIND OF MORE DETAILS ON WHAT THAT ANALYSIS THAT IS ONGOING NOW. >> THERE ARE A NUMBER OF THESE PROJECTS THAT ARE UNDER THAT SCOPE OF REVIEW. OKAY. SO THERE ISN'T GOING TO BE A PROBLEM LIKE JUST LEAVING THE THE WAY IT IS NOT AT THIS TIME I CAN COME BACK THERE IS A PROBLEM WITH THAT LIST AS AS OKAY I WOULD MOVE THE ITEM GREAT TO HAVE A SECOND SECOND FROM CUSTOMER CULLEN BECAUSE WE'RE ABOUT TO SINCE THIS IN MY DISTRICT I WAS GOING TO COMMENT A COUPLE OF THINGS ABOUT IT THIS IS A SB 35 PROJECT WHICH MEANS IT WASN'T MINISTERIAL APPROVAL CITY DID NOT HAVE GO THROUGH THEIR CHARITIES HOUSING WHO IS THE BUILDER THEY HAVE GONE THROUGH SOME OF THE COMMUNITY MEETINGS WHICH THEY DIDN'T THEY WERE NOT REQUIRED TO DO SO AND THEY HAVE GOTTEN THE FEEDBACK AS YOU WOULD EXPECT ME AFFORDABLE HOMES BEING BUILT. >> YOU ALWAYS THE NEIGHBORS WHO SHOW UP AND ARE CONCERNED ABOUT IS IT GOING TO FIT INTO OUR NEIGHBORHOOD OR NOT CHARITY? HOUSING HAS MET INCLUDING MYSELF AND THE NEIGHBORS TOGETHER DURING TO TAKE THEIR THEY MADE SOME MODIFICATIONS BUT NOT ALL NEIGHBORS WERE ALL HAPPY SO YOU'RE GOING TO CONTINUE TO HEAR ABOUT THAT AND SPITE OF THAT WE HAVE TO APPROVE THIS THING BECAUSE IT'S A CANADA'S HOUSING HAS DONE A GREAT JOB IN TERMS OF THEIR PROPOSED PROJECT AND THE ACCOMMODATION THEY HAVE BEEN ABLE TO MAKE ARE REALLY GOOD AND HOPEFULLY THE NEIGHBORS CAN SEE THAT THEY HAVE MANAGED OTHER PROPERTIES PRETTY WELL AND WE HAVE OFFERED THEM A CHANCE TO GO AND SEE THOSE WHERE THE CHARITY HOUSING IS RUNNING THESE AND HOPEFULLY WE'LL GET THEM ON BOARD. >> BUT AT THE MOMENT THE MAJORITY OF THEM MAY BE ON BOARD BUT NOT ALL OF THEM. >> SO WE'LL TO SUPPORT THIS PROJECT BECAUSE IT HAS GONE THROUGH THE RIGHT PROCESS AND RIGHT DILIGENCE. >> OKAY. >> THANK YOU COUNCILMEMBER. >> I'M NOT SEEING ANY OTHER HANDS, TONI. LET'S VOTE MOTION PASSES UNANIMOUSLY. GREAT. THANK YOU, TONI. THANK YOU, ERIC. [07:55:02] OKAY, WE HAVE ONE FINAL AGENDA ITEM. IT ACTUALLY LIKE THE WILL OF THE COUNCIL HERE WAS TO TRY TO COMPLETE AND GET OUT OF HERE. >> WHAT'S STILL LIGHT OUTSIDE IS THAT DOES THAT MAKE SAID SHOULD WE MOVE TO OUR FINAL ITEM? >> OKAY IT'S TAKE UP THE STAFF PRESENTATION. GOOD EVENING MAYOR AND COUNCIL OMAR PARSONS DEPUTY CITY MANAGER JOIN WITH MATT LESH, PUBLIC WORKS DIRECTOR AND SULLIVAN YOU'VE HEARD FROM SEVERAL TIMES TODAY HOUSING WE'RE HERE TO TO TALK ABOUT WELL WHAT HAPPENED HERE LET'S MAYBE CAN WE GET THAT BACK TO THE THANKS I'LL GO AND GET GET STARTED THOUGH WE'RE HERE TO SEEK APPROVAL TO PURSUE MORE OPPORTUNITIES IN A IN A IN A VERY SORT OF URGENT WAY WE'RE SEEKING SITES THAT THE CITY CAN CONVERT EITHER TO SUPPORTIVE OUTDOOR SLEEPING OR BASIC NEEDS SITES AND YOU'LL HEAR MORE THESE AS WE GET GOING. THERE ARE TWO REALLY IMPORTANT THINGS THAT I WANT TO JUST START WITH EVEN BEFORE WE GET INTO THIS. >> ONE IS WE DO HAVE PERFECT AND COMPREHENSIVE INFORMATION ABOUT THIS YET THE REALITY IS WHAT THIS COUNCIL HAS SAID TIME AND AGAIN IS MOVE WITH URGENCY ,BE DILIGENT, BE THOUGHTFUL BUT MOVE WITH URGENCY AND SO WE ARE HERE TO ASK FOR PERMISSION TO KEEP MOVING. WE DON'T WANT TO MAKE PERFECT THE ENEMY OF THE GOOD AND WE NEED YOUR HELP EMPOWERING CITY STAFF TO MOVE FORWARD WITHOUT TIME INTENSIVE DELAYS AND SECOND THESE OPTIONS A NEW MODEL FOR SAN JOSE BUT THEY ARE NOT NEW MODELS GENERALLY THERE ARE COMMUNITIES ACROSS THE STATE AND IN THE AROUND THE COUNTRY THAT DO THAT HAVE EXPLORED THESE. WE WILL BE EXPLORING WE WILL BE PUSHING, WE WILL LEARN AND WE WILL IMPROVE BUT WE CANNOT WAIT THESE SITES ARE NOT A REPLACEMENT FOR A PERMANENT HOME. THEY ARE PART OF A CONTINUUM THAT OUR REGION HAS RECOGNIZED IN THE COMMUNITY PLAN AND THIS COUNCIL ALREADY IN PLACE EMBRACED WITH THE THE BUDGET ADOPTION THIS YEAR WE'RE GOING TO COVER A FEW THINGS THERE ARE SOME PRELIMINARY CONSIDERATIONS ABOUT SITE SELECTION POTENTIAL A LITTLE BIT OF INFORMATION, THE POTENTIAL SUPPORT OF OUTDOOR SLEEPING AND BASIC NEEDS SITES. THEN WE'LL ACTUALLY SHOW SOME OF THE POTENTIAL LOCATIONS. YOU'LL HEAR ME SAY THE WORD POTENTIAL PROBABLY 50 TIMES TODAY. I WANT TO BE REALLY THAT THERE IS A CONSIDERABLE AMOUNT OF ADDITIONAL WORK THAT THAT STILL NEEDS TO BE DONE AS WE GET INTO IT. >> I THINK WHAT WE STARTED TO DO AS A MATTER WAS AS WE GOT A HANDFUL OF SITES JUST AS THE CONVERSATION WITH INTERIM HOUSING HAPPENED AND WE TALKED ABOUT NEEDING THINGS LIKE SITE CONTROL THAT COULD HELP US SPEED THINGS UP. I THINK PROPERTIES THAT WE COULD ACTUALLY CONTROL OR WHERE WE HAD REALLY WILLING PARTNERS IN THIS CASE VALLEY WATER WELL YOU'LL SEE ABOUT OUR OWN PROPERTIES WE HAD SOME WILLING PARTNERS AND SO WE'RE WE'RE TRYING TO SORT MOVE FORWARD BUT WE ASKED A REAL ESTATE TEAM WHO'S HERE TONIGHT AND OUR OUR PLANNING DEPARTMENT AND SOME SOME TO DO SOME PRELIMINARY TYPE ANALYSIS TO HELP US UNDERSTAND JUST A FIRST THRESHOLD. WE STILL HAVE. MOVING ON TO THE NEXT SLIDE YOU CAN SEE HERE ARE A NUMBER JUST A TO GIVE YOU A VISUAL REPRESENTATION THE SITES THAT ARE SITES THAT AGAIN STILL NEED FURTHER ANALYSIS ARE IN DISTRICTS TWO, THREE, SIX, SEVEN AND NINE. WE'VE MET WITH OR OFFERED BRIEFINGS TO ALL OF THE MEMBERS OF THE COUNCIL TO TO HELP PROVIDE INFORMATION ABOUT WHERE WE ARE IN THE PROCESS AND WHAT IT IS THAT WE'RE LOOKING TO DO AS WE MOVE FORWARD. JUST A QUICK HIGHLIGHT OF WHAT SOME THE BASIC NEEDS AND SUPPORTIVE OUTDOOR SLEEPING SITES COULD OFFER. I THINK IT'S IMPORTANT TO ACKNOWLEDGE I SAID ON THE LEAD IN THAT THIS IS ALTHOUGH THIS IS NEW TO SAN JOSE IT'S NOT A NEW MODALITY WRIT LARGE BUT WE WILL NEED TIME THE OPERATING DEPARTMENTS WILL NEED TIME TO ANALYZE AND COME UP WITH AN APPROPRIATE EXECUTABLE IMPLEMENTABLE MODEL SO SO WE WILL BE CONTINUING FORWARD IF APPROVED TO THAT TYPE OF ANALYTICAL WORK. BUT THE BASIC POINT IS TO PROVIDE THINGS LIKE HYGIENE AND SANITATION, RIGHT? >> SO A MORE SAFETY THAN BEING IN IN IN A PLACE THAT IS JUST THAT HAVE ANY SUPPORT AT ALL. IT HAPPENS IN OUR COMMUNITY. >> SO THIS PROVIDES AN ALTERNATIVE IN TERMS OF JUST GETTING TO UNDERSTANDING WHAT THE NEXT STEPS WOULD BE. THERE ARE A MULTITUDE OF THESE THESE SITES THERE MAY BE SOME ADDITIONAL SITES THAT WE WOULD LIKE TO CONTINUE TO TO ANALYZE IF THIS STEP TODAY OCCURS TWO THINGS WILL HAPPEN ONE WE WILL CONTINUE THAT THE SUPPLY TEAM WILL REALLY EVALUATE OF THESE NINE SITES WHICH ONES ARE WE MOST LIKELY TO BE ABLE TO DELIVER SOONEST AND WHAT DOES THAT LOOK LIKE? THEY'LL THEY'LL ASK OF OUR [08:00:01] COLLEAGUES IN PLANNING, OUR COLLEAGUES IN HOUSING AND PUBLIC WORKS ETC. TO DO A DEEPER ON WHAT TYPES OF ADDITIONAL ENVIRONMENTAL STUDIES MIGHT BE NEEDED, WHAT TYPES OF OF ADDITIONAL SORT OF LOGISTIC INFORMATION BE NECESSARY BEFORE COMING UP WITH WHAT ARE THE SITES THAT WE CAN THEN GO EXECUTE ON. >> SO THAT'S ONE OF THE THINGS THAT WOULD HAPPEN. THE OTHER IS YOU WOULD BE DELEGATING TO OUR PUBLIC DIRECTOR THE AUTHORITY TO REALLY CONTINUE TO HELP US MOVE FORWARD MORE QUICKLY ON TWO FRONTS ONE AS TO THESE BASIC NEEDS AND SUPPORTIVE OUTDOOR SLEEPING SITES IT WOULD CREATE A DELEGATION OF AUTHORITY UP TO $5 MILLION SO THAT WHEN WE DO IDENTIFY A SITE THAT WE CAN MOVE WITH, WE DON'T HAVE TO DELAY THE POTENTIAL COUPLE OF MONTHS TO COME BACK HERE, GET AUTHORITY TO ACTUALLY DO MOVE FORWARD. SIMILARLY WE'VE TALKED ABOUT A COUPLE OF OUR INTERIM HOUSING SITES AT SERENY AND AT CHERRY THIS WOULD PROVIDE DELEGATION OF AUTHORITY THAT WOULD SIMILARLY SHAVED SOME TIME AND SAVE SOME TIME ONCE WE GET TO A POINT WHERE WE HAVE A WHEN WE'RE WHEN WE'RE READY TO MOVE TO A CONSTRUCTION CONTRACTOR TO DO THAT WORK. >> SO THAT'S THOSE ARE THE BIG PRINCIPLES HERE AND WITH THAT I'LL PAUSE AND WE'RE AVAILABLE FOR ANY QUESTIONS. >> GREAT. THANK YOU FOR THE STAFF PRESENTATION. LET'S GO TO PUBLIC COMMENT FIRST TONI. >> OKAY. I HAVE SIX CARDS BUT IT LOOKS LIKE ONLY TEN PEOPLE IN THE BUILDING SO I MAY BE CALLING NAMES HAVE ALREADY LEFT BUT I'M GOING TO CALL EVERYBODY AND WHEN I SEE A BUNCH PEOPLE START MOVING FORWARD I'LL STOP. >> SO FIRST NAME PERSON WHO GETS TO THE MICROPHONE JUST START OTHER. PEOPLE SIT IN THE FRONT ROW SORRY. NO, I HAVE PEOPLE WAITING. I HAVE BILL SCHROEDER JUNIOR HUNG COW LOKE VU CORONA WHEN SARAH CORNEILLE SYLVIA CARROLL KEN MIDDLEBROOK AND I'LL STOP AT O.C. TINSLEY AND THEN I'LL CALL ANOTHER SET GO AHEAD TO YOUR MEETING, JEREMY FOR MAYOR AND MEMBERS OF THE CITY COUNCIL I APPLAUD YOUR GOAL TRYING TO FIND SAFE SLEEPING SITES FOR THE UNHOUSED IN SAN JOSE. HOWEVER THE KEY FOR A PARKING LOT AT KELLEY PARK SHOULD NOT BE ONE OF THEM. AS YOU KNOW. NAME IS BILL SHROUT. I'M THE PRESENT OF HISTORY SAN JOSE MANY OF YOU REGULARLY ATTEND EVENTS AT HISTORY PARK THROUGHOUT THE YEAR AND ALREADY KNOW PARKING ISSUES THAT THAT OCCUR. >> I WOULD LIKE TO EXPRESS MY CONCERN THAT ONE OF THE SITES BEING LOOKED AT FOR SAFE SLEEPING IS THE KELLY K FOUR PARKING LOT OF KELLEY PARK. AS ALL OF YOU KNOW THIS IS THE ONLY PARKING LOT ADJACENT TO HISTORY PARK AND IS REGULARLY USED BY SAN JOSE. THE LOT IS COMPLETELY FULL EVERY ONE OF OUR EVENTS WE ALREADY HAVE 35 EVENTS BOOKED FOR USE OF THE LOT IN 2025 NOT TO MENTION THE REST OF 2024. WHERE DO YOU SUGGEST HISTORY SAN JOSE SENDS THOSE CARS TO GO PARKING THE K FOR A LOT IS AN IMPORTANT PART OF THE REVENUE STREAM OF HISTORY. >> SAN JOSE THE PARKING LOT BRINGS IN BETWEEN 50 TO $75000 PER YEAR ACCORDING TO THE CONTRACT HISTORY SAN JOSE AND THE CITY WE ARE ALLOWED TO USE THE LOT 25 TIMES A YEAR OVER THE PAST. THANK YOU NEXT SPEAKER I HAVE MORE TO SAY. GOOD AFTERNOON MAYOR AND COUNCIL MEMBER MY NAME HONG COUNT DIRECT PEOPLE I CAME HERE TO APPEAL TO YOU NOT TO YIELD THE CASE FOR OUR HISTORIC PARK FOR THE OUTDOOR LIVING SPACE 400 PEOPLE PICK UP THE RECENT HISTORIC PARK AND WILL RESUME HOSTING THE STUDENT IN EDUCATIONAL PROGRAM AND THEY COME HERE COME THEY ARE STUDYING A FIELD TRIP OR SOMETHING AND ALSO NOT PART FAMILY ORIENTED. >> THE PEOPLE COME WITH THE PARENT, THE YOUNG PEOPLE COME DO ENJOY THE PARK AND NOT BE DROPPED. THE SECOND ONE IS THE PARKS. >> THE PARKS ARE LOCATED NEARBY OF COYOTE GREAT YOU KNOW AND HELP THE CITY WANT TO SEE COME ON AROUND WHAT THE LIE THE THIRD ONE IS AND WE DON'T HAVE ENOUGH SPACE FOR OUR OWN EVENT HOSTING AT STORY PAUL AND FOR MORNING THREE THANK YOU NEXT SPEAKER GOOD EVENING I'M SYLVIA CARROLL. I'VE BEEN A VOLUNTEER AT PARK SINCE 1977 WHICH IS MAYBE FOR SOME OF YOU WERE BORN. >> WE'VE TALKED A LOT ABOUT PARKS TODAY. I THINK THE IDEA TO TAKE AWAY OUR PARKING LOT AND HISTORY PARK IS A DESIRE TO DESTROY HISTORY PARK TAKING AWAY THE FUNDS THAT WE GET FROM THAT PARKING LOT IS A VERY, VERY BAD [08:05:01] IDEA FOR THE PARK. >> THE IS A PLACE FOR PEOPLE OF SAN JOSE TO GATHER AND IT A PLACE WHERE ALL PEOPLE GATHER IN JUST THE PAST SEVERAL WE'VE HAD VIETNAMESE, CHINESE, ASIAN PACIFIC ISLANDERS INDIAN, PUERTO RICAN, MEXICAN AFRICAN, PORTUGUESE, ITALIAN AND EVEN HMONG SO I THE WORLD WAR TWO VETERANS HAVE A PROGRAM THERE ANTIQUE CARS CHRISTMAS HALLOWEEN AND EASTER. THERE ARE PLENTY OF OTHER SITES I COULD GO TAKE TO SOME OF THEM IF YOU'D LIKE. AND BY THE WAY IT IS A AREA EVEN THOUGH IT SAYS IT'S NOT IT IS. REMEMBER SEVEN AND A HALF. >> THANK YOU. NEXT SPEAKER. >> MY NAME IS ELSIE TINSLEY. I'M A VOLUNTEER AT THE HISTORY PARK. I'VE BEEN AT THE HISTORY PARK FOR 14 YEARS. I'M A 60 YEAR RESIDENT OF SAN JOSE THE MODEL CITY AND I KIND OF I OPPOSE ANY ENCROACHMENT ON PARKING LOT K FOR. IT'S BEEN A IT HAS A TENDENCY TO GET OVER OVERLOADED WITH CLOSURES SO IT'S IT'S A VERY IMPORTANT PART OF THE HISTORY PARK VERY IMPORTANT. IT'S I'VE BEEN INVOLVED WITH THE VISITORS THAT COME TO THE PARK AND I'M MORE LIKE A DOCENT I TELL THEM STORIES ENJOY WHAT I'M DOING AS A GOOD PLACE TO VISIT PEOPLE FROM ALL OVER THE WORLD COME TO THE SAN JOSE PARK AND THEY LOOK FORWARD AND THANK YOU NEXT SPEAKER AND I ALSO LIKE TO CALL ROBERT WALKER DAVID. LOOKS LIKE RALSTON MIKE LLOYD AND ANNA. HI MAYOR COUNCIL. MY NAME CAN MOVE TIME WITH THE HISTORY SENSEI SYLVIA MENTIONED THAT WE HAVE MOTO2 OF CULTURAL EVENTS WHO'S TO PARK THAT SUPPORT OUR WHOLE COMMUNITY IN THE NEAREST PARKING THAT WE HAVE ADJACENT TO HIS TO PARK IS KEY FOR AND TO ASK THAT A LOT OF FAMILIES ATTEND THESE EVENTS AND TO ASK FAMILIES TO WALK HALF MILE TO SNAZZY STATE OR EVEN DOWN TO HAPPY HOLLOW TO ATTEND OUR IS ASKING TOO MUCH SO YOU JUST URGE THE THE COUNCIL HERE TO REMOVE KEY FOR OFF CONSIDERATION FOR THIS DIFFICULT TASK THAT'S FACING YOU SO THANK YOU FOR YOUR TIME. >> THANK YOU NEXT SPEAKER HI ROBERT WALKER I SEE YOU GUYS GOT A CHOICE HERE BECAUSE YOU GOT NOT TOO MANY PLACES TO PUT THESE PLACES NOBODY WANTS IN THEIR NEIGHBORHOOD. BUT THE PROBLEM WITH THIS IS IT'S RIGHT BY THE CREEK, THE PARKING LOT AND IT RUNS THE PATH THAT RUNS ALL THE WAY IN THE BACK AREA OVER TO WHAT'S THE NAME OF THE STREET YOU'RE GETTING THEM ANYWAY FOR THE REST THE MAIN MAIN STREET AND THEY CAN ALSO COME UP INTO PARK AND THEY CAN COME UP INTO HAPPY HOLLOW AND IF YOU PUT HOMELESS PEOPLE THERE THEY'RE GOING TO THEY'RE GOING TO USE FACILITIES AND IT'S YOU KNOW, DRUGS AND NEEDLES. >> THANK YOU. NEXT SPEAKER OR 15 SECONDS LEFT AND YOU GET TWO CRAWFISH THERE THAT HAVE BEEN DESTROYED MORE THAN ONCE GO IN THERE AND KILL THOSE FISH AND TAKE THEM AND THAT'S A LOT OF MONEY TO HOST. THANK YOU. NEXT SPEAKER SPEAKER SO OKAY SO I'LL CONTINUE HAVE JOE SORRY I HAD A LITTLE CRISIS I WAS HANDLING JOSEPH CARILLO MICHAEL I CAN'T READ THE LAST NAME JOAN BUT CHARDO SODERGREN AND FLAIR AND HELLO MY NAME IS JOE MACHADO. I'VE BEEN WITH THE PARK SINCE 1994. HISTORY PARK OR KELLEY PARK ALWAYS WAS KIND OF A LITTLE ORPHAN AND I'D HOPED THAT WOULD KIND OF GET AWAY FROM THAT. [08:10:07] SO TO HAVE AN EVENT CENTER ONE OF THE MOST IMPORTANT THINGS TO HAVE AN EVENT CENTER IS PARKING. SO I CAN'T POSSIBLY BELIEVE THAT IT'D BE SERIOUS TO HAVE AN EVENT CENTER LIKE HISTORY PARK WITHOUT PARKING SO I HOPE THAT YOU COULD RECONSIDER THIS AND TAKE THIS ONE OFF THE LIST JUST A WITH OH HE'S NOT HERE HE'S GOING TO SAY THAT I WORKED FOR WITH THE DUKAKIS CAMPAIGN IN 1988 AND WE LOST. >> BUT IT WAS A GOOD CAMPAIGN. SO THANK YOU WE'LL PASS THAT ALONG TO THE COUNCIL MEMBER. THANK YOU. THANK YOU. NEXT SPEAKER SPEAKER HI BLAIR BECKMAN, THANKS FOR THIS ITEM A LOT. I THINK IT'S INTERESTING I WAS HERE LAST WEEK WHEN IT WAS OPEN. IT WAS AN OPEN GOVERNMENT. IT WAS NICE TO READ AND SEE SAN DIEGO DOING SOME OF THESE THINGS THERE UH I GUESS ABOUT A YEAR AHEAD OF YOU ON THIS STUFF THEY'RE THEY CAN BE REALLY GOOD EXAMPLES FOR YOURSELVES I THINK THEY'VE HAD SOME KIND OF MIXED RESULTS. IT HASN'T BEEN SUPER DUPER BUT ANYTHING TO ADD TO THE PROCESS CAN BE HELPFUL I THINK AND. GOOD LUCK IN WORKING ON IT. I WAS VERY CONFUSED ABOUT THE EARLIER ITEM. THANK YOU FOR THE WORDS OF PETER KEYS TO REALLY DESCRIBE THE FUTURE CITING A LAND FULL OF METHANE IS QUESTIONABLE NOT JUST FOR THE SHELTER'S ISSUES BUT FOR FREE MARKET ISSUE AS WELL. UM THANK YOU THAT PETER IS ASKING THOSE QUESTIONS. IS IT SAFE? I WE CAN DO THAT MORE OPENLY AND REGULARLY. THANK YOU MIKE WITH PAX SAN JOSE IT'S A TOUGH ISSUE AND YOU TRY NOT TO SOUND LIKE A NIMBY WHEN YOU SAY IT WHEN YOU STAND FOR THE THAT YOU WOULD NOT LIKE TO SEE CHOSEN AS A SITE BUT I WOULD REQUEST THAT YOU TAKE THE K FOUR KELLEY PARK FALLON PARKING LOT OFF LIST WHY DOES IT ALWAYS HAVE TO BE PARKING LOTS? WE'RE TALKING ABOUT THIS SITE IS MORE THAN JUST THE LOSS OF 270 PARKING SPACES. IT'S THE VIABILITY OF THE FUNCTION, THE PLACE THERE IS NO PLACE ELSE TO PARK. SO IF YOU TAKE THAT OUT TAKING OUT THE EVENTS IT WOULD LIKE GOING TO TEAM SAN JOSE AND SAYING HEY COMPETE AGAINST MOSCONE CENTER AND TAKE OUT THE CAL THEATER, THE CIVIC AUDITORIUM, THE CENTER FOR PERFORMING ARTS, FOR DOING KEYNOTES AND YOU WON'T GET THOSE SPEAKERS SO PLEASE CONSIDER TAKING THIS ONE OFF THE LIST OR AT LEAST NOT IT. THANK YOU. THANK YOU. NEXT SPEAKER GOOD AFTERNOON COUNSEL MY OPENING SORRY I'M JUST GETTING MY BOUNDARIES. GOOD AFTERNOON HONORABLE MAYOR AND COUNCIL MEMBERS NAME IS YVONNE MARTINEZ BELTRAN AND I'M THE COUNCILWOMAN IN MORGAN HILL. I'M HERE TO ACKNOWLEDGE AND SUPPORT YOUR EFFORTS TO BETTER THE LIVES OF UNHOUSED INDIVIDUALS AND TO RECOGNIZE THE HARD WORK THAT STANDS BEFORE YOU. I KNOW THE WORK IS CHALLENGING PERSONALLY AND THE SOLUTIONS ARE NOT EASY AND I THANK YOU FOR YOUR SERVICE AND THE LEARNING REQUIRED TO MAKE THESE DIFFICULT DECISIONS. YOU'VE ALREADY RECEIVED LETTERS IN THE PACKET FROM THE CITY OF MAUREEN HILL IN THE MORGAN UNIFIED SCHOOL DISTRICT TALKING ABOUT THE LEGAL ENCUMBRANCES AND SERVICE CHALLENGES. SO I WON'T REPEAT THE DETAILS. I'VE THE REPORT IN THE MEMOS AND APPRECIATE THE THOUGHT GIVEN BY ALL TO THE LIST. AS YOU MOVE FORWARD WITH YOUR RECOMMENDATIONS ON THE LIST OF SITES AS MENTIONED COUNCILMEMBER JIMENEZ, COHEN AND TORRES THIS MEMO I RESPECTFULLY YOU TO REQUIRE THE SITES YOU MOVE FORWARD WITH DO NOT HAVE LAND. >> THANK YOU. SPEAKER AND IT LOOKS LIKE IT'S BACK TO COUNCIL. >> OKAY. THANK APPRECIATE THAT. I WANT TO THANK EVERYBODY WHO CAME OUT AND TOOK THE TIME TO SPEAK THIS EVENING. I KNOW SOME OF YOU I NOTICE WAITED THROUGH A VERY VERY LONG MEETING AND I APOLOGIZE FOR THAT. BUT I APPRECIATE YOUR PATIENCE AND PARTICIPATION. YOU KNOW JUST ON THE HISTORY PARK PARKING LOT SPECIFICALLY I WANT TO JUST LIFT THAT OUT BRIEFLY AS THE VAST MAJORITY OF OUR SPEAKERS AND I KNOW THERE WERE MANY HERE WHO COULDN'T STICK AROUND. >> I KNOW ALL OF US AS COUNCIL MEMBERS FREQUENT THE PARK. >> THERE ARE MANY COMMUNITY EVENTS THERE. IT'S A BELOVED COMMUNITY AMENITY. AS I UNDERSTAND IT, THE PARKING LOT IS A IS THE PRIMARY PARKING [08:15:01] LOT FOR THE FACILITY AND IS WHAT MAKES THE EVENTS THAT ARE VIABLE. SO I TOO HAVE CONCERNS I SUSPECT THE COUNCIL MOST THE COUNCIL DOES ON THE PARKING LOT SPECIFICALLY OLDER THE STAFF IT WAS IN KEEPING WITH THE SPIRIT OF YOUR MEMO AND POTENTIALLY BE A PART OF A MOTION THAT MIGHT BE MADE. I'M NOT GOING TO PREMATURE GO THERE BUT JUST WANT TO THROW THIS OUT THERE TO START IF WERE TO LOOK AT OTHER FLAT SPACES IN KELLEY PARK IN FACT RIGHT PAST THAT PARKING LOT THERE IS IN FACT A FLAT KIND OF GRADED AREA NOW. >> IT DOES HAPPEN TO BE PART OF A DISC GOLF COURSE SO THERE ARE TRADEOFFS. >> I'M NOT I'M NOT SAYING THAT ANYTHING IS COST FREE HERE BUT THERE'S THE SITE JUST THE PARKING LOT AND IF YOU TAKE AN AERIAL VIEW OF HISTORY PARK THERE ACTUALLY MULTIPLE AREAS WITHIN HISTORY PARK THAT ARE FLAT LAND OF WHICH ARE A BIT MORE ELEVATED AND WHERE WE WOULD HAVE PLENTY OF RISK OF RISING WATER LEVELS IF WE WERE EVER ABOUT FLOODING IN A MAJOR ATMOSPHERIC RIVER. SO I GUESS I JUST WANT TO UNDERSTAND THE RECOMMENDATION WAS THE PARKING LOT. HOW WOULD STAFF FEEL IF THE COUNCIL WERE TO SO DIRECT WE WERE TO REMOVE THE PARKING LOT BUT KEEP THE GREATER KELLEY PARK AREA FOR FURTHER ANALYSIS FOR THE UNDEVELOPED FLAT ADJACENT TO THE PARKING LOT AND POTENTIALLY IN OTHER PARTS OF PARK THAT COULD BE SUITABLE. >> WOULD THAT BE AMENABLE TO STAFF? THANK YOU MAYOR MEHAN. YES, I THINK THAT'S AN IN THE SPIRIT OF THE SORT OF URGENCY THAT WE WERE SEEKING IS TO ADD MORE SITES SO I THINK THAT'S THAT'S AN LIKE A MET TO ANYTHING THAT SO WHEN OF OTHER AREAS THAT AREN'T ALREADY PAVED YOU JUST LOOK TO MAKE UP A LITTLE BIT OF OTHER AREAS THAT AREN'T ALREADY. >> THAT JUST WOULD INCREASE THE CONSTRUCTION COST FOR AWARENESS AND INCREASE THE CONSTRUCTION TIMELINE AND SO HAVING AREAS THAT ARE NOT ALREADY PAVED DO WE HAVE TO DO GRADING OR BUILDING BERMS THAT ARE CLOSER TO THE WATERWAYS AND HAVE THOSE CONSIDERATIONS AND WHAT KIND OF OPERATIONS ARE THE EVACUATION ROUTES? I'LL LEAVE THAT TO THE OPERATIONAL SIDE BUT WE NEED TO HAVE THAT IN THE PLANNING. THOSE ARE THE ONLY OTHER THINGS WE THINK CONSIDERATION. WE'RE HAPPY TO CONTINUE TO EXPLORE OTHER AREAS AROUND PARK AS WELL AS DIRECTED. >> OKAY. APPRECIATE THAT. SO. SO NOTED IF A SITE'S ALREADY PAVED IT'S LIKELY TO BE EASIER FASTER AND CHEAPER PROFOUNDLY. >> BUT GIVEN THAT IT'S A IT'S A CRISIS AND WE DON'T HAVE A LOT OF PERFECT SITES MORE I WOULD SUSPECT MORE IS PROBABLY BETTER EVEN IF THEY'RE NOT IDEAL AND I THINK THERE ARE SOME REAL CHALLENGES WITH THAT SPECIFIC PARKING LOT THOUGH THERE IS NO PERFECT SITE AS AS HAS BEEN NOTED BY MANY WELL, I WANT TO JUST AND I WILL TURN TO COLLEAGUES IN A MOMENT HERE BUT I DO I REALLY WANT TO THANK STAFF FOR ALL THE ANALYSIS IS NOT AN EASY TASK AND WE HAVE AS A COUNCIL THROUGH THE BUDGET PROCESS THIS YEAR ASKED YOU TO DO SOMETHING VERY DIFFICULT WHICH IS TO HELP US COMPLY NEW REQUIREMENTS UNDER OUR STORMWATER PERMIT AND OUR RECENTLY APPROVED DISCHARGE PLAN AND TO DO SO WITH AN ALL OF THE ABOVE STRATEGY THAT SPANS CONTINUING TO BUILD THE PIPELINE OF AFFORDABLE CONTINUING THE PIPELINE OF INTERIM UNITS AND DOING SOME THINGS THAT THAT ARE MORE EXPERIMENTAL FOR US THAT WE'RE SEEING SOME OTHER CITIES DO BUT ARE CHALLENGING NOT ALWAYS GOING TO BE POPULAR BUT WILL ALLOW TO MOVE PEOPLE OUT OF THE WATERWAYS AT SCALE ON THE ORDER OF HUNDREDS. IN FACT WE HAVE SET A GOAL WE'VE NOW ADOPTED A GOAL UPON THIS VOTE IN THE COUNCIL SUPPORT TONIGHT OF A ROBUST LIST OF SITES MOVING FORWARD CREATING ALTERNATIVES FOR 500 PEOPLE JUST THROUGH THE SAFE SLEEPING MODEL PLUS ADDING SAFE PARKING AND CONTINUING THOSE PIPELINES RUN INTERIM AND PERMANENT. SO IT'S TRULY ALL OF THE ABOVE AND STAFF LEFT IN THE OUT INTO ACTION. A PRELIMINARY ANALYSIS BROUGHT US AN INITIAL LIST SAFE SLEEPING. I DO WANT TO NOTE BECAUSE IT WAS TRICKY WITH ALL THE MEMOS AND AVOIDING BROWN ACT VIOLATIONS AND ALL THE REST WE HAVE THROUGH YOUR MEMO HERE IN THIS ITEM COMBINED TWO DIFFERENT TOPICS AND HAVE DIFFERENT BROWN ACTS AT PLAY AND SO JUST WANT TO NOTE THAT WE HAVE A SET OF RECOMMENDATION AND MEMOS RELATED TO THE EACH STRATEGY SPECIFICALLY WHICH IS ONE BROWN ACT GROUP AND THEN THE SAFE SLEEPING STRATEGIES AND IF CAN GET THERE AND IT DOESN'T CONFUSE EVERYBODY TOO MUCH I WOULD LOVE TO SEE A MEMO THAT GETS US THAT GETS US TO A PLACE WHERE WE MOVE FORWARD ALL OF THAT WORK. SO I KNOW WE HAD I BELIEVE FOUR DIFFERENT MEMOS FROM THE COUNCIL SO WE'RE GOING TO CLEARLY HAVE SOME ROBUST DISCUSSION THERE. BUT I JUST I WANT TO THANK STAFF. I ALSO WANT TO THANK MY COLLEAGUES THROUGH THE BUDGET PROCESS FOR BEING WILLING TO TAKE RISKS FOR THINKING BIG, FOR RECOGNIZING THAT THIS CRISIS DEMANDS TRULY URGENT ACTION AT SCALE AND THAT WE CAN'T TAKE YEARS TO GET PEOPLE OUT OF OUR WATERWAYS AND OFF OF OUR STREETS. SO I THINK WE'RE MOVING IN THE RIGHT DIRECTION HERE THOUGH CERTAINLY NOT NOT AN ONE AND I'M SURE WE'RE GOING TO LEARN A LOT AND WE'RE GOING TO MAKE SOME MISTAKES ALONG THE WAY BUT WE'RE GOING TO LEARN AND ITERATE AND GET THERE TOGETHER. [08:20:02] I'M CONFIDENT OF THAT. SO I HAVE SOME OTHER COMMENTS AND QUESTIONS I THINK BUT I WANT TO TURN TO COLLEAGUES BEFORE I GET TO THOSE. >> SO WHY DON'T I GO TO COUNCILMEMBER FOLEY? >> THANK YOU MAYOR AND THANK YOU FOR THE PRESENTATION. THE CERTAINLY IS AND ISSUE OF URGENCY BUT FRANKLY REGARDING THE EIA CHAIRS I FELT NO SENSE OF URGENCY. >> WE'VE APPROACHED OUR IN DECEMBER 2022 IN CHERRY AVENUE SERENY I'M NOT SURE WHEN YOU WENT OUT THERE AND HERE WE ARE NOT LIKELY TO HAVE OCCUPANCY IN CHERRY UNTIL IF WE'RE LUCKY SEPTEMBER 2025 THAT IS UNACCEPTABLE. WE HAVE GAINED THE SUPPORT OF THE COMMUNITY WITHOUT PRECEDENT. THERE WAS NO OBJECTIONS FROM THE COMMUNITY IN THE CHERRY E.H. YET OVER TIME THERE WERE GOING TO LOSE THEIR TRUST, LOSE THEIR CONFIDENCE IN US UNLESS WE DEVELOP IT REALLY SOON SO. >> WE TALK ABOUT URGENCY ALL THE TIME. I HAVEN'T SEEN IT IN THE CONNECTION WITH THIS PROCESS AND I KNOW WE'RE WORKING WITH TWO AGENCIES OURS AND AND WATER AND ALL THE ISSUES AROUND THE PROPERTY BUT TIME TO REALLY MOVE THIS PROJECT FORWARD AS QUICKLY AS POSSIBLE AS FAR AS THE SAFE CAMPING SITE SO. SO I HAVE A MEMO AND I'M GOING TO CRAFT A MOTION WHICH I WILL PROVIDE IN A COUPLE OF MINUTES AS FAR AS SAFE CAMPING SITES, COUNCILMEMBER COHEN AND I PRESENTED MOTION A MEMO SEVERAL YEARS AGO ABOUT THIS VERY THING AND WAS TURNED DOWN BY OUR COUNCIL AT THAT TIME SO I'M REALLY EXCITED TO SEE IT BACK. >> MY QUESTION IS THOUGH ARE WHAT OF ENGAGEMENT WILL WE GO THROUGH BECAUSE I KNOW SOME OF THE PROPERTIES THE LIST LONG FOR EXAMPLE HAS HAD TREMENDOUS AMOUNT OF OUTREACH TO THE COMMUNITY YET I BARELY HEARD IN FACT I DIDN'T EVEN KNOW THAT I HAD TWO PLOT PARCELS IN THE MIX . I GOT THIS MEMO I WAS SHOCKED TO SEE KELLEY PARK FAIL AND PARKING LOT IN IT AND. >> I'M GOING TO EXCLUDE THAT SO I YOU'LL YEAH AND BECAUSE I'VE USED IT A LOT AND I KNOW I UNDERSTAND SO I'M JUST CURIOUS WHAT LEVEL OF OUTREACH WILL WE BE TO HAVE WITH OUR COMMUNITY WHEN WILL THAT OCCUR HOW HOW AND WHEN WILL YOU NARROW DOWN THE THE NUMBER OF PARCELS AND THEIR LOCATIONS. THANK YOU FOR THE QUESTION COUNCILMEMBER FOLEY SO I THINK SIMILAR TO THE LEVEL ENGAGEMENT AND OUTREACH THAT WE DID, I DID PERSONALLY WITH COLLEAGUES CHERRY AVENUE AND FOR SERENY AND FOR MANY OF THE OTHER SITES ONCE WE HAVE GOTTEN TO A NARROW SET AND WE AND THE TEAM THAT IS WORKING ON THE LOGISTICS KNOWS THAT THIS IS A SITE THAT THERE IS MORE LIKELY THAN NOT THAT'S THE POINT AS WE NOTED IN NEXT STEPS IN THE MEMO THAT WILL WILL LOOK TO WHAT WOULD BE THE APPROPRIATE FORM OF ENGAGEMENT FOR THAT COMMUNITY. SO IT'S A IT'S A PATTERN THAT WE'VE BEEN HAVING THESE CONVERSATIONS FOR TWO YEARS AND EVERY TIME WE HAVE ONE EVERY TIME THERE'S A NEW SITE WHETHER IT HAPPENS OR DON'T WE WE DO HAVE THAT THAT LEVEL OF ENGAGEMENT THE COMMUNITY MEMBERS SO WE JUST HAVEN'T GOTTEN THERE YET THIS THE BUDGET MESSAGE THAT THE COUNCIL ADOPTED HAD A SPECIFIC DIRECTION INVOLVED GETTING HERE BEFORE THE END OF THE CALENDAR YEAR WHICH IS PRETTY TIGHT BECAUSE. THERE WAS A BUDGET GOING ON BUT I THINK THE REALITY IS THAT THAT WE DID THAT AND WHEN WE NARROW THEN THAT WILL BE THE POINT AT WHICH WE ARE ABLE TO ENGAGE THE COMMUNITIES. OTHERWISE WE WOULD FIND OURSELVES TO COMMUNITIES AND HAVING ENGAGEMENT MEETINGS AND THEN WE GET THE ENVIRONMENTAL BACK FOR EXAMPLE AND WE'RE NOT GOING WITH THAT SITE ANYWAY. >> OKAY AND CAN YOU TELL ME I THINK THAT ENGAGEMENT NEEDS TO HAPPEN EARLY AND OFTEN. >> CAN YOU TELL ME HOW THIS LIST OF PROPERTIES WAS WAS DERIVED? >> SURE IT'S A MIXTURE OF THERE'S A COUPLE OF SITES THAT CAME FROM COUNCIL MEMBERS OF THE CITY COUNCIL THERE VALLEY WATER HAS BEEN SORT OF PROACTIVELY REACHING OUT OR IN FRANKLY JUST DURING OUR PARTNERSHIP TOGETHER COMING UP WITH ADDITIONAL SITES AND AS YOU KNOW YOUR TIME ON THE COUNCIL, IT TAKES A GOOD LONG TIME SOMETIMES TO FIND SITES. SO WHEN A PARTNER AGENCY STEPS FORWARD AND SAYS WE'VE GOT SOME WE'RE INTERESTED IN, WE WANT TO TAKE THAT SERIOUSLY AND THEN OF COURSE ARE A FEW SITES THAT ARE ACTUALLY OWNED BY THE THE CITY OF SAN JOSE. SO WHERE WE HAVE SITE CONTROL. SO THAT'S THAT'S HOW THESE THERE ARE A FEW THAT FELL OFF [08:25:04] ALREADY SOME SAME SORT OF THING THAT INITIAL DETERMINED OH MY GOSH THERE'S NO RESIDENTIAL ALLOWED ON THIS SITE OR NO NO NONE OF THOSE TYPES OF USES SO WE DID HAVE SOME THAT JUST WERE RULED OUT BUT THAT'S HOW THESE GOT THERE. >> OKAY. THESE HAVE MADE THE INITIAL CUT THAT RESIDENTIAL IS REQUIRED. I'M LOOKING I DON'T KNOW THE OTHER LOCATIONS AS AS MUCH AS I KNOW MINE BUT ONE IN PARTICULAR IS RIGHT NEXT TO A SCHOOL SO I'M INTEREST I KNOW IT'S VALLEY WATER PROPERTY BUT I'M INTERESTED IN WHY WE'RE TAKING A LOOK AT PUTTING A SAFE CAMPING SITE ADJACENT TO A SCHOOL YEAH AND BOTH OF THESE ARE ALONG CREEKS OR NEAR CREEKS . >> YEAH. SO COUNCILMEMBER, A COUPLE OF THINGS I'LL SAY THAT WHAT THE THE WATER BOARD'S DIRECTION AS IT RELATES TO THE WATER STORMWATER MANDATE WAS WAS NOT STEER 100% CLEAR OF ALL WATERWAYS UNDER ANY CIRCUMSTANCES AS A MATTER OF FACT THE ACTUAL APPROVAL ALLOWS FOR THINGS THAT ARE MANAGED WHAT THEY'RE CONCERNED ABOUT IS NOT HAVING ITEMS GET INTO THE POLLUTION ACTUALLY GET INTO THE WATER SO WHILE WE'RE TRYING TO FIND LOCATIONS THAT ARE NOT RIGHT THAT ARE THAT ARE NOT NEAR THE WATERWAYS THERE IS SOME ROOM AS YOU MOVE YOU KNOW SOME FEET HUNDREDS FOR A QUARTER MILE THAT KIND OF THING AWAY FROM FROM WATERWAYS TO BE ABLE TO TO STAND UP MANAGE SITES THE QUESTION ABOUT SCHOOLS WHAT PROXIMITY IS OR IS NOT OKAY OR OTHER TYPES OF USES I THINK THE REALITY IS THAT ALL OF THESE INVESTIGATIONS ARE GOING TO BE SITE SPECIFIC AND. SO WHEN WE DETERMINE IS IT IS IT REALLY LIKE WHAT IS THE STREET IS A TEN LANE SPEEDING HIGHWAY, IS IT A TWO LANE ROAD? THERE ARE OTHER FACTORS THAT AS GO THROUGH THE ANALYSIS WILL CONTINUE TO LOOK AT WHAT WHAT MAKES SENSE AND SO I THINK I WOULD JUST ASK TO GIVE OUR DEPARTMENTAL STAFF THE OPPORTUNITY TO CONTINUE TO EVALUATE THOSE SITES YOU KNOW IN OVER THE NEXT SIX WEEKS AND SUCH WHILE COUNCILS OUT OKAY I'LL GIVE YOU THAT OPPORTUNITY WITH THAT BECAUSE MY TIME IS RUNNING SHORT I WANT TO CRAFT A MOTION AND THAT IS TO APPROVE THE JOINT MEMO. IT'S INTERESTING WE HAVE TWO BROWN ACTS THREE BROWN ACTS ONE THE JOINT MEMO ON OUTDOOR SLEEPING WITH MAYOR THE MAYOR COUNCILMEMBER JIMENEZ COUNCILMEMBER, TORRES, COHEN AND DAVIS ALL MOVE THE JOINT MEMBER THAT I AM ON WITH THE MAYOR COUNCILMEMBER JIMENEZ AND COUNCILMEMBER COHEN WHICH SPECIFICALLY RELATES TO OUR IS AND I WILL MOVE THE MEMO FROM JIMENEZ AND COHEN AND SOMEONE ELSE ON THAT AND TORRES REMOVING COYOTE VALLEY FROM CONSIDERATION FOR THE POTENTIAL SITES AND I'D LIKE TO ADD IN REMOVING KELLY PARK FALLON PARKING LOT FROM THE LIST WITH THAT EYESORE MOVE SECOND GREAT THANK YOU AND COUNCILMEMBER, JUST TO CLARIFY ON THE REMOVAL THE PARKING MAKES SENSE ARE YOU AMENABLE TO INCLUDING THE EXPLORATION OF OTHER FLAT SPACES IN HISTORY? >> PARK AS I DESCRIBED EARLIER ,I'M NOT IN HISTORY PARK I'M SORRY KELLY PARK THE BROADER THE BROADER AREA SINCE THERE IS FLAT LAND OUTSIDE OF THE PAVED AREA AND OTHER SITES THAT I KNOW STAFF HAS HAS IDENTIFIED I THINK WE WERE OVERLY FOCUSED HERE ON THE PARK THAT THE PARKING LOT IS AN INCOME PRODUCER AND A SO SURE I CAN SEE INCLUDING AN INVESTIGATION OF OTHER PARCELS FLAT PARCELS AROUND KELLEY PARK WAS THAT KELLEY PARK AROUND HISTORY NOT HISTORY YEAH NOT HISTORY PARK YEAH OKAY OKAY THANK YOU WE GO TO SO EMOTIONAL GO TO COUNCILMEMBER BATRA NEXT THANK YOU VERY MUCH AND I GOT A COUPLE QUESTIONS TO CLARIFY. >> NUMBER ONE, I THINK WE TALKING ABOUT SENSE OF URGENCY AND I WAS GOING TO ASK THE SAME QUESTION WHICH COUNCILMEMBER FOLEY ASKED THAT IRONY AND CHERRY IS THE COUNCIL CAUSING THE DELAYS? >> NO, IT HASN'T HAPPENED AND WHATEVER TIME 22 WE HAVE APPROVED IT AND SERENY WE RECEIVED THE STATE AGREEMENT I BELIEVE IT WAS MARCH 18TH OF THIS YEAR SO IT'S THREE [08:30:07] MONTHS FROM TODAY. SO I DON'T KNOW THAT THERE'S A DELAY ON SERENY I WOULD SAY THAT WE'RE EXPEDITIOUSLY PLOWING THROUGH ON THAT PROJECT AND HAVE AN ASPIRATIONAL DATE OF JULY 31ST GETTING THAT DONE ON CHERRY THERE HAS BEEN A LOT OF INTERCHANGE BACK AND FORTH BETWEEN VALLEY WATER AND US IN THE OPERATIONS TEAM ABOUT WHAT WILL GO ON TO THAT SITE AND HOW AND SO AS WE GO THAT WILL ALSO BE EXPEDITIOUSLY CONSTRUCTED IN THE SAME WAY THAT SERENY WILL. AND SO IT'S A THESE ARE PROJECTS WITH LOTS OF WORK TO DO AND SO I DON'T KNOW THAT COUNCIL HAS BEEN A DELAY AND I DON'T KNOW THAT EITHER BEEN SPECIFICALLY DELAYED IN CONSTRUCTION. >> OKAY. >> WELL I WAS TRYING TO COMPARE THOSE WITH THE SPEED AT WHICH YOU ARE MOVING ON GETTING THE WE ARE THE OR DONE AND COMPARED TO THAT ONE IS EXTREMELY SLOW. LET'S SAY YOU'VE DONE SOME MIRACLES OVER THERE OKAY AND I WAS HOPING YOU COULD DO THE SAME MIRACLE OVER HERE THE CROSS COMPARISON THE TIMELINE FOR CONSTRUCTION THAT BE DELAURO IS EXACTLY THE SAME AS WHAT IT WILL BE FIRST MARONEY IT'S NO FASTER OR SLOWER. THE CONSTRUCTION TIMELINE IS BASICALLY THE SAME OKAY. ALL RIGHT. I GOT A QUESTION FOR YOU WHEN WE APPROVED TODAY THIS THING IS IT THE FINAL APPROVAL THAT YOU OR YOUR TEAM OR WHOEVER FIGURES OUT ON LET'S SAY THE CALI WAS NOT REMOVED YOU FIGURE OUT ON THE CALI THE ARTERY PARKING WOULD BE THE KIND OF THING OR ON THE COYOTE VALLEY SLEEPING SIDE WILL BE A GOOD ONE TO PUT ON TO NEED ANY MORE APPROVALS OR YOU GOT THE FINAL AUTHORITY TODAY TO DO IT WELL PART OF THAT I THINK EMBEDS SO WHAT WHAT THIS WILL DO IS DELEGATE AUTHORITY FOR THE CONSTRUCTION CONTRACTS RIGHT SO ONCE WE GO THROUGH THESE ADDITIONAL ANALYSIS INSIDE BE ABLE TO WORD THE CONSTRUCTION CONTRACTS, IT DOESN'T NECESSARILY DEPENDING ON WHAT KIND OF SERVICE CONTRACTS MIGHT BE ASSOCIATED IT ADDRESS THOSE THOSE CONTRACTS TODAY SO DEPENDING HOW THAT ALL WORKED THERE MAY BE SOME SOME OTHER TYPE OF REASON. BUT THE BUT THIS GIVES US THE NOT TO HAVE TO COME BACK AS IT RELATES TO THE IDENTIFICATION OF SITES. WE WILL DO ALL OF THAT WORK AND EITHER RULE OUT A RULING IN THAT REGARD I DON'T KNOW LET ME ASK IF IF EITHER ERIC OR MATT HAS ANYTHING TO ADD TO ANY ADDITION, I WOULD ASK THAT COUNCILMEMBER BATRA IS THAT AS WE LOOK AT OPERATIONS FOR EXECUTING ON THESE SITES DEPENDING ON WHERE THE FINAL STRUCTURE OF THOSE OPERATIONS IS AND COST THOSE OPERATIONS ARE, THAT MAY BE AN ITEM THAT MAY NEED TO COME BACK BEFORE COUNCIL. BUT THOSE QUESTIONS ARE QUICKLY BEING ANSWERED AS WELL AS NEW QUESTIONS BEING ARISE. WE FIGURE OUT BOTH COMPARING BOTH YOU KNOW, MATT'S TEAM ON THE LAYOUT OF THE SITE THAN WHAT'S EFFECTIVE OPERATIONS AT THE SITE ENSURE THAT IT IS ALIGNED TO THE DISCHARGE THE RECEIPT AND THEN CONTINUING OPERATIONS FROM THERE. SO SO WHEN COUNCILMEMBER FOLEY ASKED THE QUESTION ABOUT WHEN DO WE DO COMMUNITY ARRANGEMENT AND ALL THAT THERE IS COMMUNITY ARRANGEMENT THROUGH THE COUNCIL OFFICES ANYMORE. YOU JUST GOT THE APPROVAL TODAY TO FIGURE OUT IS IT FEASIBLE AND WHAT KIND OF THINGS SHOULD ON THERE AND YOU EVEN HAVE THE ABILITY TO GO AHEAD AND ASSIGN A 5 MILLION UP TO 5 MILLION ON A CONTRACT TO WHATEVER IS NEEDED TO BUILD THERE WITH NO COMMUNITY ENGAGEMENT, WITH NO COUNCIL MEMBERS, NO COUNCIL ATTACHMENT, NO I THINK COUNCILMEMBER WHAT WHAT STAFF PUT IN THE IN THE STAFF MEMO AND WHAT I ADDRESSED TO COUNCILMEMBER FOLEY A MOMENT AGO WAS SIMILAR TO ALL OF THE OTHER SITES WE HAVE ENGAGED IN IN THIS WORK ONCE A HAD BEEN IDENTIFIED THAT WE BELIEVED WOULD BE APPROPRIATE, WE WOULD THEN BE GOING AND LOOKING TO DO THE APPROPRIATE TYPES OF COMMUNITY ENGAGEMENT DEPENDING ON WHERE WHERE THE SITE IS AND WHAT THE CIRCUMSTANCES ARE SO LIKE THE SITES THAT WE CAME AND SPOKE TO TO YOUR OFFICE ABOUT EVEN AFTER THE APPROVAL WAS GRANTED AND MANY OF YOUR COLLEAGUES SIMILARLY JUST WE DON'T STOP HAVING CONVERSATIONS ONCE THE APPROVAL IS GIVEN WE HAVEN'T IN IN THE TIME THAT YOU'VE BEEN ON THE COUNCIL AND WE WOULDN'T BE DOING MOVING FORWARD IT JUST ALLOWS US TO KEEP MOVING AND NOT HAVE TO TAKE THE SUBSTANTIAL AMOUNT OF STAFF WORK ACROSS MULTIPLE DEPARTMENTS TO GIN UP THE THE MEMOS AND PRACTICES AND ALL THE OTHER WORK THAT ACTUALLY GOES INTO BRINGING AN ITEM TO COUNCIL AND. >> SO THAT'S WHAT THIS HELPS ALLEVIATE. IT'S SEE WE HAVE THE UNSHELTERED WE NEED TO TAKE CARE OF WE HAVE THE CITY WHO PROVIDES THOSE SERVICES, WE HAVE THE COMMUNITY WHICH LIVES [08:35:04] NEARBY AND WE NEED THEIR BUY IN AND IT TAKES TIME TO WORK THEIR BUY IN. WE DIDN'T HAVE ANY PROTEST WHAT WE'RE DELAURO BECAUSE WE WORKED THEM WE UNDERSTOOD THEIR NEED AND WE GAVE THEM SOME OF THE COMPROMISES WE I'M AFRAID THE WAY WE GOING ON THIS ONE WE'RE PROBABLY GOING TO LOSE SOME OF THE TRUST WHICH WE HAVE BUILT WITH THEM EVEN THOUGH NONE OF THE SITES IS IN DISTRICT THEN I'M SAYING GENERICALLY THESE RISK OF THIS THING THE WAY IT IS BEING ASKED FOR A BLANKET AUTHORITY FOR YOU TO BE ABLE TO FIGURE IT OUT WHAT WANT TO DO THEY ARE AND HAVE EVEN THE ABILITY TO GIVE THE CONTRACTS AND GET THE START THE CONSTRUCTION DONE NO COUNCIL INVOLVEMENT, NO PROBABLY COUNCILMEMBER INVOLVEMENT AND NO COMMUNITY. SO I FEEL WE MAY LOSE THE TRUST THAT OR WE MAY NOT BE ABLE TO BUILD THE TRUST WHICH WE NEED OF THE COMMUNITY EVENTUALLY TO BE ABLE TO GET THE THINGS DONE AND SO I WOULD BE VERY HESITANT ON GOING WITH I LIKE THE IDEA OF DOING THE FEASIBILITY ANALYSIS AND COMING BACK TO THE COUNCIL SAYING THAT THIS IS WHAT WE HAVE FOUND FEASIBLE. THIS IS THE KIND OF THING WE WANT TO PUT ON SITE AID IS THE KIND OF SIDE WE WANT CAN'T BE AND WHATEVER THE TIME IT TAKES IT'S PROBABLY WORTH IT BECAUSE IT WILL BE WITH THE BUY IN OF THE COMMUNITY. OKAY SO I WOULD BE HESITANT TO GIVE A BLANKET AUTHORITY LIKE WE HAVE TALKED ABOUT IN THIS MEMO. I WOULD WANT YOU TO COME BACK TO THE COUNCIL WITH THAT FEASIBILITY ANALYSIS COMPLETED AND YOU CAN PUT ANY SITE YOU WANT ON THE FEASIBILITY ANALYSIS. I HAVE NO OBJECTION TO IT BUT THEN COME BACK WITH IT AND TELL US WHAT YOU'RE GOING ON, WHAT YOU THINK THOSE SITES ARE SUITABLE FOR AND SO I WOULD RECOMMEND CLUBS REMEMBER FONDLY AND THAT I LIKE TO MAKE THE AMENDMENT THAT THE STAFF COMES BACK AFTER COMPLETING THE FEASIBILITY ANALYSIS AND GIVES COUNCIL A REPORT ON WHAT THEY WILL BE PUTTING ON EACH ONE OF THOSE ARE WHAT THEY HAVE FOUND TO BE SUITABLE EACH ONE OF THOSE SITES AND THEY YEAH SO YOU THAT'S FINE ALTHOUGH I DON'T THINK THAT'S NECESSARY BECAUSE I THINK THEY HAVE TO COME BACK TO US. NO THEY DON'T. SO PLEASE LISTEN TO WHAT THEY HAVE TOLD US LET'S YEAH I WANT TO CLARIFY HAVE HUGE CONCERNS WITH THAT GIVEN THE MESSAGE THE BUDGET MESSAGE WE ALL JUST PASSED AND THE GOAL SAID YEAH SO FAR WE'RE ASKING FOR AN ARM AND THERE'S THERE'S OBVIOUSLY OTHER MEMOS HERE BUT WITH OUR MEMO WE'RE ASKING FOR YOU TO DELEGATE THE AUTHORITY TO THE TO THAT TO THE CITY MANAGER TO ME AND THE TEAM TO NOT COME BACK WITH CONSTRUCTION CONTRACTS AND FURTHER APPROVALS OF THE SITES BUT WE ARE COMMITTED TO DOING APPROPRIATE OUTREACH ONCE WE'VE NARROWED DOWN THE LIST BECAUSE THAT CORRECT TEAM. >> THAT'S CORRECT. AND SO THERE'S ALSO A MEMO THOUGH HERE I JUST TO SOMEONE SINCE I'M GOING TO BE THE ONE THAT'S ACCOUNTABLE FOR WITH IT BUT JUST TO BE CLEAR, THAT'S FOR THE NINE SITES THAT'S FOR THE THAT'S FOR THOSE WHICH HOW MANY OF THESE SITES YOU APPROVE CURRENTLY WOULD ONLY BE SEVEN BUT STILL A PARK WOULD STILL BE. >> THAT'S RIGHT. >> AND THEN BUT THEN THERE'S THERE'S ADDITIONAL DIRECTION IN THE MAN JIMENEZ, COHEN AND DAVIS MEMO THAT WOULD GIVE FURTHER ABILITY TO PUT ADDITIONAL SITES ON THE TABLE AND FURTHER AS WE MIGHT WANT CROSS THOSE AND JUST AND REPORT THOSE BACK TO COUNCIL THAT WOULD MOVE FORWARD THROUGH AN INFO MEMO SO THAT WOULD REQUIRE US TO COME BACK TO THE CITY COUNCIL FOR APPROVAL OF THOSE SPECIFIC SITES. I JUST WANT TO MAKE SURE THAT THAT WOULD BE OUR MARCHING DIRECTIONS IF THAT IF OUR RECOMMENDATION WAS APPROVED IN THIS PIECE OF THE ADDITIONAL BLUE MEMO IT WAS APPROVED BY MAN JIMENEZ, TORRES, COHEN AND DAVIS AND AT LEAST THE STAFF MEMO JUST TO CLARIFY, I'M NOT TALKING ABOUT THE ADDITIONAL MEMO THAT I AND FOUR OTHER COUNCIL MEMBERS ARE SIGNED ON TO THE STAFF MEMOS RESPOND TO THE TO THE MARCH AND JUNE BUDGET MESSAGE AND THE DIRECTION WE GAVE WHICH SET A GOAL FOR THE CITY MANAGER TO CREATE SPACES SUFFICIENT FOR 500 PEOPLE TO BE RELOCATED OUT OF UNMANAGED ENCAMPMENTS IN THE WATERWAYS CONTINGENT UPON THE COUNCIL APPROVING A GROUP OF SUFFICIENT POTENTIAL SAFE SLEEPING SITES BY JUNE 30TH. >> THOSE WERE TIED TOGETHER? THAT'S CORRECT. I MAKE ONE COMMENT HERE ARE TO CLARIFY SEE I'M NO PROBLEM WITH THE CONTRACTS. YOU DON'T HAVE TO COME AT EACH ONE OF THE CONTRACT APPROVED. >> I WANT YOU TO COME BACK WHEN [08:40:07] THE FEASIBILITY ANALYSIS IS DONE AND YOUR CHOSEN SITE WILL GET THE SLEEPING SITES LIKE ME WILL GET THE EIA CHARGES OR WHATEVER THAT IS THAT SHOULD COME FOR APPROVAL AND AND THEN YOU CAN PICK THE AUTHORITY THE CONTRACTS I HAVE NO ISSUES WITH THOSE BUT I WANT TO MAKE SURE WE HAVE A CHANCE TO GET IN MY IN FROM OUR COMMUNITIES THAT THIS IS OKAY WITH THEM THAT'S THE PIECE AND I THINK THAT COUNCILMEMBER FOLEY PROBABLY WANTS THAT. >> YEAH. AND I TOTALLY UNDERSTAND WHAT YOU'RE SAYING. YOU'RE TRYING TO MOVE AS FAST POSSIBLE GIVEN THE STORMWATER PERMIT WE'VE JUST GOT APPROVED AND EVERY TIME WE HAVE TO COME BACK AND DO A STOP AT COUNCIL THAT'S THE BEHIND THE SCENES WORK THAT TAKES TO DO THAT WILL SLOW US DOWN AND YOU KNOW EVEN WITH THE COMMITMENT TO GO AS FAST AS POSSIBLE SO I'M NOT CONFIDENT IF WE KEEP DOING IT IF WE DO THAT DIRECTION AND I JUST WANT TO BE CLEAR THAT WE WILL MAKE OUR GOAL AND SO YOU KNOW IN A IF COUNCIL WANTS TO DO THAT, WE'RE CERTAINLY HERE TO YOU KNOW, TO TAKE THE DIRECTION OF WHATEVER YOU END UP DECIDING. BUT I WANT TO BE CLEAR SINCE WE'RE ACCOUNTABLE TO YOU AND I WANT TO SET EXPECTATIONS UP FRONT ON WHAT AND HOW WE WOULD HIT GOALS OR NOT. >> RIGHT. AND I TO CLARIFY THAT THAT IS NOT FOR EACH OC THIS IS NOT FOR WHICH EACH IS IS LIKELY TO BE LONGER TERM. THIS IS AS ALIGNED THE STRATEGY THAT WE ALL APPROVED UNANIMOUSLY IN THE MESSAGE THIS IS BASICALLY PRE APPROVING A SMALL SUBSET OF THE ITEMS THAT HAVE BEEN LISTED IN THE STAFF MEMO THAT WAS PUBLISHED LAST WEEK FOR THE CITY MANAGER TO MOVE AS QUICKLY AS POSSIBLE TO HIT THE GOAL OF 500 PEOPLE IN TEMPORARY SAFE SLEEPING SITES SO THAT WE CAN GET ON THE ROAD TO COMPLIANCE WITH THE STORMWATER PERMIT AS WE AGREED TO WITH THE REGIONAL WATER QUALITY CONTROL BOARD. THIS IS NOT FOR EIA, THIS IS NOT FOR AFFORDABLE HOUSING, IT'S NOT FOR MOTEL CONVERSIONS, IT'S NOT FOR ANYTHING OTHER THAN THE SAFE SLEEPING TO GET THE 500 UP AND RUNNING AND OUT OF THE CREEKS WHICH WE ALL ALREADY UNANIMOUSLY APPROVED AS OUR STRATEGY WITH THE EXPECTATION THAT SITES WOULD NEED TO BE PRE-APPROVED FOR THE SAME AS TO MOVE FORWARD BY THE END OF THIS MONTH MAY I TAKE THIS OPPORTUNITY TO RESPOND TO THE FRIENDLY AMENDMENT ACTUALLY SO THIS IS ALL ABOUT TIMELINESS AND TRYING TO GET THIS THROUGH. BUT COUNCILMEMBER BATRA WANTS TO MAKE SURE THAT HIS COMMUNITY IS ENGAGED AND AS DO I. >> SO INSTEAD OF COMING TO COUNCIL WHAT I WOULD LIKE IS YOUR COMMITMENT AND THAT YOU WILL ENGAGE THE COUNCIL OFFICE EVERY STEP OF THE WAY ONCE YOU HAVE THE SITE NARROWED TO THE BEST OF YOUR ABILITY SO THAT THEN THE COUNCIL OFFICE CAN WORK WITH YOU TO INTERACT WITH THEIR COMMUNITY BECAUSE IT'S THE COUNCIL COUNCIL OFFICER'S GOING TO TAKE THE HEAT ON THIS AND AND NEEDS TO WORK WITH THEIR COMMUNITY TO GET ACCEPTANCE ON IT. SO ALL OF US UP HERE WANT TO MAKE SURE WE'RE GOING TO BE YOU'RE GOING TO REACH OUT TO US AND YOU'RE GOING TO LET US KNOW AND WORK WITH US ON THE PROCESS AS IT GOES FORWARD. >> IT DOESN'T NEED TO COME BACK TO COUNCIL. I THINK THAT DELAYS THINGS AND AND I DON'T NEED TO HEAR WHAT'S GOING ON IN COHEN'S DISTRICT BUT I DO NEED TO KNOW WHAT'S GOING ON IN MY DISTRICT AND YOU KNOW, COUNCILMEMBER FOLEY, I'LL JUST SO THE BOTTOM IN THE SHORT VERSION IS YES PROVIDING THE TYPE OF ENGAGEMENT THAT WE HAD OVER CHERRY THAT I HAVE WITH YOUR COLLEAGUES OVER THERE SINCE WE AS A CITY TEAM ARE COMMITTED TO THAT THAT TYPE OF ENGAGEMENT. SO DON'T THINK THAT THERE'S ANY ANY ISSUE THAT'S WHY WE PUT IN THE COUNT IN THE STAFF THAT ONCE WE NARROWED TO THE RIGHT SITES WE WOULD BE ABLE TO ENGAGE THE COUNCIL OFFICE AND THE COMMUNITY IN THE APPROPRIATE LEVEL OF ENGAGEMENT. >> OKAY. CONSIDERING THE COUNCIL OFFICE A PARTNER IN THIS AND ABLE TO GO FORWARD TOGETHER. >> RIGHT OKAY. >> THANK YOU. YOU HAVE FURTHER QUESTIONS, COUNCILOR NOT ON THAT ITEM IF IF I'M GIVEN PERMISSION I WANT TO TALK ABOUT ONE ADDITIONAL SITE. SURE. THE THE ONE WHICH WE HAD TO PULL OUT FROM THE 2.37 THE SINGLETON SITE IN 2014 A STUDY WAS DONE TO LOOK AT WHETHER THAT SITE COULD BE OF ANY USE AND I WOULD SAY AT LEAST WE SHOULD UPDATE THAT STUDY AND COME BACK WITH THE INFORMATION THAT IF THE TEN YEARS HAVE CHANGED AND NEEDS HAVE CHANGED AND THE TECHNOLOGY HAS CHANGED THAT, CAN WE GET A REPORT OUT [08:45:03] TO SAY THAT IF THIS SITE CAN BE USED, CAN IT BE USED FOR WHAT PRICES? WHAT TIMELINE? THE BASICALLY THE STUDY WHICH WAS DONE IN 2014 UPDATE THAT ONE AND BRING IT TO THE COUNCIL COUNCIL IF IF THAT'S A IS IT A QUESTION SO IN ORDER TO MAKE THAT SITE SINGLETON BECOME ONE OF THE POSSIBLE SITES FOR USE OF OUR FLIPPING SITES OR INTERIM SITES OR THOSE SO I'M GOING TO I'LL JUMP IN HERE I'M NOT FAMILIAR WITH THAT STUDY PERSONALLY BUT WE CAN CERTAINLY LOOK AT THAT. >> BUT I WOULD JUST AGAIN WOULD WANT TO PUT THESE OTHER SITES AHEAD OF DOING THAT WORK BECAUSE YOU KNOW, IF WE CAN CERTAINLY LOOK AT SINGLETON AGAIN BUT I WOULD WANT TO PUT THE OTHER SITES AHEAD OF IT AND FOCUS THEM FIRST BECAUSE THEN WE IN AND AGAIN IF WE NEEDED MORE MONEY FOR STUDY OR ANYTHING WE COULD BRING THAT BACK THROUGH THE BUDGET PROCESS THIS NEXT YEAR IF THAT'S WHAT THE COUNCIL WOULD LIKE TO DO. BUT I JUST I DON'T WANT TO PUT THAT IN FRONT OF THIS BECAUSE AGAIN, GIVEN THAT THAT WOULD BE MORE LONG TERM LONGER TERM WE'D LIKE TO FOCUS ON THESE THE SPOTS FOR THE 500 SLEEPING SITES FIRST AND SO THAT WOULD BE MY ASK OF THE COUNCIL IF THEY DECIDE TO DO THAT AND THEN WE CAN ALSO ASSESS WHAT WOULD IT TAKE TO UPDATE THAT STUDY. I DON'T HAVE THE ANSWERS TO THAT. I DON'T KNOW IF STAFF DOES AND WE WOULD NEED TO HAVE A CONSULTANT HELP US WITH THAT. I DON'T KNOW BUT WE COULD A WE COULD CERTAINLY PUT THAT ON THE WORKPLAN AND IF WE NEED ADDITIONAL BUDGET WE CAN COME BACK THROUGH NEXT YEAR'S BUDGET PROCESS AND IF STAFF CAN ADD OR CORRECT ME, I THINK THE ONLY THING THAT I WOULD ADD IS JUST IN THE VEIN OF OF MAKING SURE THAT WE CAN STAY AS LASER FOCUSED AS POSSIBLE ON THE DELIVERY THAT'S IN FRONT OF US. I WOULD JUST SAY FOR FOR THAT POTENTIAL SITE OR OTHER POTENTIAL SITES JUST GIVE STAFF THE FLEXIBLE 32 TO IDENTIFY WHEN THE APPROPRIATE TIME TO TO FIGURE OUT WHAT KIND OF STUDIES WILL BE NEEDED IN THAT TYPE OF EVALUATION SO THAT IT'S NOT THERE'S NOT LIKE A TICKING TICKING CLOCK AT THE EXACT MOMENT ON THAT ONE. >> I WITH THAT I THINK THAT'S A FAIR WAY TO APPROACH IT PUT IT ON THE LIST AND COME BACK WITH THE TIMING WHEN THE STUDY COULD BE UPDATED OUR FEASIBILITY CAN BE UPDATED SO THAT THIS SITE DOES NOT DISAPPEAR FROM OUR LIST OF ITEMS WE WANT TO LOOK AT GOOD. SO THAT COULD BE ON THERE THAT WE PUT SIMILAR DOWN ON TO BE COME BACK THE STAFF DOES THE FEASIBILITY STUDY ON THIS CAN WE TAKE ON IT JUST PUT IT ON THE LIST AND KEEP KEEP IT LOW ON YOUR PRIORITY THAT'S FINE BUT IT IS ON THE LIST OF THE FEASIBILITY NEED TO BE STUDIED . OKAY IS THAT A QUESTION FOR STAFF OR A POTENTIAL FRIENDLY AMENDMENT PROPOSAL? >> WHAT WE ARE TALKING ABOUT WE ARE NOT SUBSTITUTING YEAH SORRY IT'S FROM THE AMENDMENT REQUEST JUST TO PUT IT JUST TO BE CLEAR TO PUT SINGLETON ON THE LIST FOR FURTHER ANALYSIS TO PUT THE SINGER DOWN THE SITE FOR FEASIBILITY ANALYSIS AT A TIMING TO BE DETERMINED BY THE STAFF I'M NOT GOING TO ACCEPT AS A FRIENDLY AMENDMENT I THINK STAFF ALREADY HAS THAT AUTHORITY IN THEIR MEMO TO ADD ANY SITES THEY DEEM MIGHT BE SUITABLE AS THEY GO THROUGH THE INVESTIGATIONS AND I HAVE SOME SERIOUS CONCERNS ABOUT SINGLETON OKAY ANY OTHER QUESTIONS NO THANK YOU. OKAY. LET ME GO TO COUNCILMEMBER TWO ONE. THANK YOU MAYOR. IT'S IT'S A PLEASURE TO REPRESENT OUR CITY AS AN IMMIGRANT HERE TO UNITED FROM VIETNAM FROM YOU KNOW, THE ATROCITY OF WAR AND COMMUNISM. >> I'M PROUD TO BE HERE IN THE UNITED STATES AND WHERE WE WE CAN HAVE A VOICE BE HEARD. >> I'VE DEDICATED LIFE FOR THE LAST 27 YEARS SERVING OUR COMMUNITY. >> I CHOOSE THE PATH BECAUSE I BELIEVE THAT LIFE IS THE MOST PRECIOUS THING THAT WE HAVE HERE. YET THERE ARE 5000 PEOPLE WHO WE HAVE FORGOTTEN IN THE SENSE WE HAVE FAILED TO PROVIDE THEM WITH BASIC SHELTER PUTTING THEIR LIFE AT RISK EVERY MOMENT AND EVERY WE JUST CANNOT CONTINUE TO REPEAT THE SAME ACTION AND EXPECTING A [08:50:01] DIFFERENT RESULT. EARLIER DURING CONCERNED SINGLETON SITE WAS REBUKED BY SOME OF MY COLLEAGUES ON THE BASIS THAT WOULD TAKE UP TO FIVE YEARS TO COMPLETE. I ASKED YOU THIS 3 TO 5 YEARS DO WE EXPECT HOMELESS SITUATION TO BE SOLVED? I DOUBT IT BECAUSE THE COUNTY HAD TWO FIVE AND TEN YEAR PLAN IN 1990. SO NOW WE'RE 34 YEARS IN AND WE HAVEN'T SOLVED IT YET. >> SINGLETON ALLOW US A VERY OPPORTUNITY TO YOU KNOW THE 90 ACRES OF THE CITY OWN ONCE REMEDIATION IS COMPLETED WE CAN BUILD ANYTHING WE WANT THERE WHETHER IT'S A SHELTER FOR THE HOMELESS FLEA MARKET, AFFORDABLE HOUSING PERHAPS EVEN A SANTANA ROW OR BALLPARK FOR A MAJOR LEAGUE TEAM OR GREAT LAND USE. HOWEVER, WITHOUT ACTION WE LOSE THE ABILITY TO USE OUR LAND AFTER ALL, EVEN A FLEA MARKET WE STILL NEED THE REMEDIATION YOU KNOW AS A FIRE I MAKE SURE THAT PEOPLE WERE SAFE AND THE REMEDIATION THAT SITE IS NEEDED TO ENSURE THAT EITHER IT COULD BE LIKE MANY OF THOSE THINGS THAT I STATED EARLIER EARLIER IN THE DAY MY MY COLLEAGUE HAVE INACCURATELY REPRESENTED MY DESCRIBING ME AS A FAILED COUNCIL MEMBER WHO IS BOASTING ABOUT HAVING MOSES AGE OR AFFORDABLE HOUSING ALSO ACCUSED ME OF DEHUMANIZING UNSHELTERED INDIVIDUAL BY PLACING THEM ON LAND METHANE GAS CONDITION AS ABSOLUTE UTTERLY UNACCEPTABLE AND THIS THAT IS NOT WHAT I SAID NOR WHAT MY OFFICE HAD BEEN WORKING TOWARD MY INTENT THAT WE SHOULD PERSPECTIVE TO SEE POSITIVE OUTCOME AND SAVE LIVES. >> WORKING WITH THE CITY MANAGER OFFICE I PROPOSED THE IDEA OF SINGLE TON AN OPEN SPACE OF KELLEY PARK AS A WRAP AROUND CAMPUS SHELTER WITH SERVICE AND SECURITY SIMILAR TO SJ LOVE A S.O.S. SITE IS NOT SUITABLE FOR THESE TWO SITE. I ALSO SUGGEST SUGGESTED TOTALLY IN MONTERREY SITE FOR AN RV SAFE PARKING SINCE THE SITE IS NARROW AND IS SUITABLE I PREFER THIS SITE TO BE INCLUDED IN THE LISTED IN MY MEMORANDUM COAUTHORED BY COUNCILMEMBER SO THAT WE CAN CONTINUE SAVE LIVES. >> I WOULD LIKE TO HAVE A CLARIFICATION WHEN WE TALK ABOUT KELLEY PARK IN GENERAL IS THAT INCLUDING THE VA SITE VIETNAMESE HERITAGE GARDEN LET ME CLARIFY THAT FOR YOU. >> NO, NO. I THINK IT WAS EXPLICITLY UNDEVELOPED FLAT LAND AROUND KELLEY PARK. OKAY. I JUST WANT TO YEAH, TO CLARIFY THAT. SO AT THIS POINT I'D LIKE TO MAKE A SUBSTITUTION THAT WE ACCEPT ALL MEMOS THAT PUT OUT ALL THE FROM ALL COUNCILMEMBER TO INCLUDE THE SINGLE TENANT SITE TO STUDY THE FEASIBILITY OF REMEDIATION FOR USE AS A SHELTER AND THAT WAS SUPPORTED BY THE MAYOR FROM ITEM 2.37 SECOND IS THAT A REQUEST FOR A FRIENDLY AMENDMENT? NO, THAT WAS A SUBSTITUTION AND THAT'S A SUBSTITUTE AND I HAVE A SECOND I'M SORRY. SO THERE'S A SUBSTITUTE MOTION IS SECOND TO MOVE ALL OF THE MEMOS? YES. OKAY. I NEED TO I DIDN'T CHECK MY NOTES SO THERE ARE SOME OF THEM IN THERE CANNOT I'M SORRY. YES. SO ADD OKAY MOVE ALL FOUR MEMOS AND ADD SINGLETON. OKAY. UM. I DID NOT ANALYZE THE SCENARIO FOR ANY CONFLICTS. I THINK THEORETICALLY THAT ACTUALLY IS POSSIBLE. >> NO. WHICH PART? THE TENSION IT DOESN'T MOVE IT [08:55:01] THEN YEAH. SO I JUST NEED TO CLARIFY THEN COUNCIL MEMBER JOHN IN YOUR MEMO I'M YOUR MEMO WITH COUNCIL MEMBER BUT I'M JUST FLIPPING TO THE RIGHT MEMO HERE ALLOW THE DEVELOPMENT AND CONSTRUCTION OF THE CHOI PARK SITE FOR ONLY TENSION MEMBRANE BUILDING SO THAT WOULD PRECLUDE ANY SITE WITHIN ALL OF KELLEY PARK FOR A SAFE SLEEPING SO THAT IS CORRECT. OKAY THAT'S SO IT'S SOMETHING I HAVE A CONCERN WITH THAT SEEMS OVERLY RESTRICTIVE OKAY BUT IS SUBSTITUTION ON FLOOR WHICH MOVES ALL THE MEMOS AND INCLUDES SINGLETON ON THE LIST OF SITES BUT PRECLUDE SINGLETON OR KELLEY PARK FROM ACTUAL SAFE SLEEPING? >> IT WOULD HAVE TO BE A TENSION STRUCTURE MEMBRANE BUILDING IS THAT ACCURATE? THAT IS ACCURATE. >> OKAY LET ME TURN TO COUNCILOR TORRES WITH A FEW MORE HANDS UP. THANK YOU. SO I'M I'M GOING TO RESPOND TO THE SINGLETON, UH THE THE SINGLETON LOCATION THIS THIS BODY SHOULD NOT BE VOTING ON ON HAVING SINGLETON ON THE LIST ONE IT'S ENVIRONMENTALLY AND A HAZARD FOR OUR FOR OUR COMMUNITY. WE KNOW THAT IT'S GOING TO TAKE MILLIONS DOLLARS JUST TO HAVE EVEN A SMALL PORTION OF A SLEEPING LOCATION AT SINGLETON AND THEN TWO BECAUSE YOU DID ALSO MENTION YOU MENTIONED THAT UH, YOU DIDN'T CLARIFY AGAIN. COUNCILMEMBER ONE YOU DIDN'T CLARIFY THAT COUNCIL DISTRICTS ARE NOT DOING THEIR PART IN ENDING HOMELESSNESS IN ON THIS LIST THAT WE HAVE HERE IN THE MEMO FIVE OUT OF SEVEN ARE EITHER IN OR AROUND COUNCIL THREE SO I CONTINUE TO SAY ON THIS ON THIS BODY I TO SAY IN OUR NEIGHBORHOOD MEETINGS I CONTINUE TO SAY IN OUR BUSINESS DISTRICT MEETINGS DISTRICT THREE IS STEPPING UP WHEN. IT COMES TO SAFE SAFE SLEEPING LOCATIONS. EIA IS OUR SAFE RV PARKING AFFORDABLE HOUSING YOU NAME ETC. WE WHEN WHEN THERE'S A TOOL TO TO MAKE SURE THAT FOLKS ARE OUT OF INHUMANE CONDITIONS DISTRICT THREE IS STEPPING UP SO THAT'S THAT I KNOW YOU HAVE YOUR ISSUE WITH WITH COUNCILMEMBER ORTIZ AND HOPEFULLY HE WILL ADDRESS THAT BUT AGAIN THIS IS THIS IS WE ARE AT A HUMANITARIAN CRISIS IN OUR IN OUR CITY AND SO I KNOW IT'S IMPORTANT TO TO HAVE THESE LOCATIONS BUT NOT AT SINGLETON BECAUSE IT'S ONE HAZARD BUT ALSO NOT AT COYOTE VALLEY. SO THANK YOU SO MUCH COUNCILMEMBER FOLEY. I'M GOING TO BE SUPPORTING ORIGINAL THE ORIGINAL MOTION TAKING COYOTE VALLEY OUT OF THE LIST BECAUSE OBVIOUSLY WE MADE STRIDES IN PRESERVING COYOTE VALLEY RIGHT. AND SO AGAIN ALSO JUST LIKE SINGLETON, IT'S FOR ME PERSONALLY IN MY OPINION IT'S NOT A FEASIBLE BECAUSE IT'S JUST TOO FAR AWAY FROM FROM FOLKS THAT ALONG THE GUADALUPE AND THE COYOTE COYOTE CREEK SO ANYWAYS WITH THAT I HOPE THAT MY COLLEAGUES REJECT THE THE SLOW MOTION AND VOTE FOR THE THE ORIGINAL MOTION ON FLOOR. >> THANK YOU. I JUST WANT TO CLARIFY THE FACT THAT I SAID IT STATED THAT THERE'S NO DISTRICT HAVE SUCH A LARGE SITE IN ORDER TO PUT THAT LARGE OF A MOUNT IT WASN'T TALKING ABOUT YOUR DISTRICT NOT ABLE TO DO EIA AND SO ON WE HAD WE HAD THAT CONVERSATION PRIOR TO THIS AND YOU UNDERSTOOD IT AND THEN NOW YOU CAN REVERBERATE ON THAT BUT IT'S ALL RIGHT SINGLE TON WE ASK WE HAVE THE ABILITY STUDY WE DIDN'T ASK FOR COUNCILMEMBER LOGAN WE HAVE A WHOLE BUNCH OF OTHER PEOPLE ON THE LIST WE CAN COME BACK TO YOU BUT THERE ARE OTHERS ON THE LIST SO RESPECTFULLY IF I COULD COME BACK TO YOU AFTER THE LIST. >> THANK YOU, VICE MAYOR. OKAY. >> COUNCILMEMBER COHEN. ALL RIGHT. I'M I'M GOING TO WAIT AND SPEAK AFTER WE VOTE ON THIS SUBSTITUTE MOTION BECAUSE. I WOULD LIKE TO DISCUSS THE SOME MORE DETAILS OF THE UNDERLYING MOTION SO I'LL JUST PASS FOR NOW AND SPEAK AFTER. THANK YOU, COUNCILMEMBER. OH I JUST FEEL THE NEED TO JUST CLARIFY JUST TO BE AGAIN ON THE RECORD ON THE DOE INVENTORY MEMO I JUST WANT TO BE CLEAR IN WE WE WE DO NOT HAVE THE BUDGET AT THIS TIME THE TENSION MEMBRANE MEMBRANE BUILDINGS WITH CUSTOM CUSTOMIZABLE MODULAR INTERIORS AND SO IF COUNCIL WENT THAT DIRECTION WE [09:00:05] WOULD HAVE TO GO AND FIND THE BUDGET FOR THAT. >> I JUST WANT TO BE VERY CLEAR ON THAT. SO JUST FOR THE RECORD. >> THANK YOU. THANK YOU VICE THANK YOU FOR COVERING FOR ME FOR A MOMENT THERE. OKAY. THERE'S STILL SUBSTITUTE MOTION ON THE FLOOR. I DID WANT TO NOTE IN EITHER SCENARIO WITH THE SUBSTITUTE MOTION OR UNDERLYING MOTION OF THE VARIOUS MEMOS INCLUDING THE TWO GROUP MEMOS THAT I WAS A PART OF THAT WERE SPLIT BETWEEN SAFE SLEEPING AND EACH IN ORDER TO AVOID A BROWN ACT VIOLATION ACROSS THOSE WE ACTUALLY IN ORDER TO AVOID A BROWN ACT VIOLATION LEFT OUT ANY MENTION OR DISCUSSION WITHIN THOSE BROWN ACT GROUPS OF STAFF REX ITEMS BE FIVE AND BE SIX FROM THE STAFF RECOMMENDATION AND I WOULD JUST RECOMMEND THAT THE COUNCIL IN ADDITION TO WHICHEVER PERMUTATION HERE OF OF COUNCIL MEMOS WE INCLUDE IN THE FINAL MOTION THAT PASSES THAT WE PICK UP THE ITEMS B FIVE AND B SIX FROM THE STAFF REC THEY WERE ONLY LEFT OUT OF THE GROUP MEMOS I WAS A PART OF BECAUSE WE APPLIED TO BOTH EIA AND SAFE SLEEPING AND WE DIDN'T WANT TO CROSS BROWN AX AND THIS WAS A LITTLE COMPLICATED GIVEN THAT WE WERE COMBINING DIFFERENT TOPICS HERE. >> SO I JUST WANT TO CLARIFY THAT WHEN WE GET THE POINT OF VOTING IF IT HASN'T ALREADY BEEN DONE, I'M GOING TO ASK FOR A FRIENDLY THAT WE INCLUDE ITEMS B FIVE AND B SIX FROM THE STAFF MEMO IN TERMS OF THESE SITES AND I'M NOT TRYING TO SHORT CIRCUIT THE CONVERSATION JUST HAVE A NUMBER OF HANDS UP. >> YOU KNOW I THINK THE BOTTOM IS IN GENERAL I THINK HAVING MORE SITES THAT WE ANALYZE BETTER WE'RE GOING TO NEED A LOT OF OPTIONS. WE'RE GOING TO NEED TO HAVE THAT WE MOVE THIS YEAR TO HIT OUR 500 PERSON GOAL. WE'RE GOING OPTIONS THAT LAND IN YOUR TWO AND YOUR THREE AND YOUR FOUR. UNFORTUNATELY BECAUSE OF THE SCALE OF THE PROBLEM AND WE'RE GOING NEED TO BE STARTING CONVERSATIONS NOW THAT LEAD TO APPROVALS OF SITES TWO OR THREE YEARS FROM NOW. I THINK IT'S A LONG LEAD TIME KIND OF THING THAT BEING SAID, I AM PRIMARILY FOCUSED ON THE GOAL THAT WE SET FOR THE CITY MANAGER WHICH WAS THE 500 GOAL FOR THE COMING YEAR AND I THINK THIS IS LARGELY OPTIMIZED AROUND HITTING THAT GOAL AND I CAN SUPPORT THE EITHER WHICH WHICH FOR NOW AT LEAST IN THE UNDER THE INITIAL MOTION DID NOT INCLUDE SINGLETON EVEN THOUGH I THINK IT SHOULD BE ON THE LIST FOR LONGER LEAD TIME DISCUSSIONS AND REMOVING THE COYOTE VALLEY SITE BECAUSE I THINK WE MAY BE COMING BACK TO THOSE IN FUTURE YEARS. I PERSONALLY WOULD LEAVE THEM ON THE LIST IN THE SPIRIT OF BEING OVERLY INCLUSIVE AND ENCOURAGING FEASIBILITY CONVERSATION STUDIES AND CONVERSATIONS ON AS MANY ITEMS AS POTENTIAL SITES AS POSSIBLE WHILE PRIORITIZING OUR SHORT TERM GOALS. BUT IF WE COME BACK AROUND TO THOSE IN FUTURE YEARS AND HAVE THEM ON THE LIST FOR NOW I CAN CERTAINLY LIVE WITH THAT. SO WITH THAT I DO HAVE SOME CONCERNS ABOUT THE SUBSTITUTE MOTION PARTICULARLY SOME OF THE RESTRICTIONS HERE ON WHICH TYPES OF SITES WOULD BE APPROPRIATE. SO I STILL HAVE A PREFERENCE FOR THE ORIGINAL MOTION. LET ME GO BACK NOW TO HANS. I COULDN'T TELL AS I WAS WALKING BACK IN DID COUNCILMEMBER COHEN FINISH? HE DID OKAY. >> I'LL GO TO COUNCILOR CONDOLEEZZA THEN. NO. SIMILAR TO COUNCILMEMBER COHEN. I WANT TO WAIT UNTIL WE HAVE AN OPPORTUNITY TO DISCUSS THE MOTION ON THE FLOOR AND THEN I'LL COME BACK TO MY COMMENTS ON THAT. >> OKAY. THANKS. OKAY. SOUNDS GOOD. >> COUNCILOR BATRA, DID YOU STILL HAVE COMMENTS? >> YEAH, I AM. I THINK COUNCILMEMBER TORRES, YOU SAID THAT WE KNOW SINGLETON IS DANGEROUS OR UNSUITABLE SITE YOU HEARD NANCY KLINE REPLIED THIS MORNING WHEN I ASKED QUESTION HAS ANY OTHER CITY EVER USED A LANDFILL SITE AND YOU GOT THE ANSWER THAT THEY WERE MANY CITIES HAVE DONE IT AND THEY HAVE MANY DIFFERENT USES AND WHAT YOU HEARD FROM THE MAYOR AND US ALL ARE ASKING IS TO LOOK FOR THE FEASIBILITY OF IT AND WE ARE GOING TO NEED THE SITE TO YEAR DOWN THE ROAD THREE YEARS DOWN THE ROAD THE SOONER WE START THE OFF WE ARE GOING TO BE AND OUR SUBSTITUTE MOTION THAT'S THE PRIMARY DIFFERENCE IS ALL WE ARE TRYING TO GET IS THE FEASIBILITY OF A 90 ACRE PIECE OF LAND WHICH COULD POTENTIALLY SOLVE MANY OF OUR PROBLEMS. WE ARE NOT ASKING IT TO BE PRIORITIZED NUMBER ONE NOT ASKING IT TO BE DONE ANYTHING DIFFERENT THAN WHAT THE CITY WILL DO OR SPEND ANY MONEY ON FIXING ANYTHING RIGHT NOW. SO I'M NOT SURE WHY THERE WOULD BE RELUCTANCE TO PUT IN 90 ACRE SITE FOR A FEASIBILITY STUDY WHICH MAY HELP US SOLVE OUR FUTURE PROBLEMS BUT NOTHING [09:05:05] YOU'RE GOING TO LOSE SO I'M NOT SURE OF THE REASONS FOR RELUCTANCE BUT THAT'S WHAT I WANTED TO CLARIFY THAT AFTER THAT IF ARE STILL RELUCTANT ABOUT IT I'D LIKE TO KNOW WHAT MY RELUCTANCE. OKAY. THANK YOU COUNCILMEMBER. COUNCILMEMBER COHEN OR IS THAT YOU'RE WAITING YOUR WAY? OKAY. SO IF WE'VE EXHAUSTED ANY FURTHER OR QUESTIONS WE'VE GOT THE UNDERLYING I'M SORRY THE SUBSTITUTE MOTION AND JUST FOR THE RECORD, IF IT WERE TO PASS, IS IT OKAY WITH THE MAKER OF THE MOTION THAT WE INCLUDE STAFF RECOMMENDATIONS THAT I'M SORRY RECOMMENDATIONS I THINK I LISTED THEM BEFORE B5 B6 FROM THE STAFF MEMO. >> YES. OKAY THANK. YOU JUST BECAUSE THEY WERE NOT INCLUDED IN ANY OF THE COUNCIL MEMOS BUT I THINK THEY'RE IMPORTANT. >> OKAY, TONI, LET'S VOTE ON THE SUBSTITUTE MOTION WHICH MOVES ALL OF THE MEMOS STUFF ITEMS B5 AND B SIX FROM THE STAFF REC INCLUDES SINGLETON ON THE LIST BUT RESTRICTS IT RESTRICTS SINGLETON IF IT WERE TO MOVE FORWARD NOT TO SAFE SLEEPING BUT ONLY TO A SPRUNG STRUCTURE LIKE STRUCTURE. OKAY I'M STILL WAITING ON WHAT DO WE GO MOTION FAILS TO MOTION FAIL 6 TO 3 WITH ME VOTING YES AND ALL OTHERS FOR NOW. >> OKAY SO WE'RE BACK TO THE UNDERLYING MOTION THE SUBSTITUTE MOTION FAILS AND THE UNDERLYING MOTION AGAIN WAS COUNCILOR FOLEY'S MOTION AND MAYBE WE CAN JUST RESTATE THAT AND I'LL ASK THE SAME FRIENDLY AMENDMENT TO INCLUDE ITEMS B FIVE AND B SIX FROM THE STAFF MEMO YOU WANT ME TO RESTATE THE MOTION IF YOU DON'T MIND THE TWO JOINT MEMOS FROM YOU JIMENEZ, TORRES, COHEN AND DAVIS THE OTHER JOINT MEMO WITH YOU COUNCILMEMBER COHEN AND MYSELF COUNCILMEMBER JIMENEZ MEMO AND REMOVING KELLY PARK FROM THE LIST THE PARKING LOT AND THE PARKING LOT ARE ACTUALLY THE PARKING THE SAME IN LET'S SAY FALLIN PARKING LOT I'LL REFER TO IT THAT WAY AND ADDING IN FROM THE STAFF RECOMMENDED VERSION BE FIVE AND SIX PERFECT. DID I GET ALL I BELIEVE YOU DID AND KELLY PARK WE ARE LOOKING AT AT THE FLAT UNDEVELOPED KING INVESTIGATING FLAT THAT ARE NOT THE PARKING LOT AND NOT WITHIN THE VIETNAMESE HERITAGE GARDEN OR HAPPY HOLLOW THE JAPANESE FRIENDSHIP ANY ANY OTHER DEVELOPED SITES KELLY PARK OKAY LET ME GO TO COUNCILOR COHEN NEXT. >> YEAH THANK YOU AND OF THE FIRST THINGS I WAS GOING TO DO WAS ASK FOR THE FRIENDLY AMENDMENT ON B FIVE AND B SIX. >> SO YOU TOOK CARE OF THAT. >> SO JUST SORT OF TO TO REACT A BIT TO SOME OF THE DISCOMFORT THAT I HEARD FROM COUNCILMEMBER BATRA BEFORE. YOU KNOW THESE THESE DISCUSSIONS ABOUT WHERE TO SITE THESE THINGS ARE ALWAYS VERY UNCOMFORTABLE. >> THE PURPOSE OF THE ACTION TODAY IS TO TRY TO EXPEDITE MOVING FORWARD ON SITES THAT MANY OF US AREN'T FAMILIAR WITH. RIGHT. SO IT'S DIFFICULT FOR FOR US TO DO THAT. >> WE'RE TRYING TO TAKE OUT OF THE PICK THE LOOP IN ORDER TO QUICKLY THIS THE COUNCIL WHICH OFTEN LEADS TO SITES BEING REMOVED FROM LISTS RATHER THAN ADDED TO LISTS AND SO I UNDERSTAND THAT THAT IS HARD AND THAT IS DIFFERENT BUT I ALSO UNDERSTAND THE NEED FOR IT GIVEN THE URGENCY OF OUR SITUATION. I HAVE A LITTLE BIT OF TROUBLE THESE NONE THESE SITES ARE IN MY DISTRICT. I WISH THERE WERE SOME OPTIONS. WE HAVEN'T FOUND ANY YET. WE'RE GOING TO KEEP LOOKING BUT I HAVE TROUBLE YOU KNOW AUTOMATICALLY SAYING ALL THESE SITES AND ALL YOUR DISTRICTS ARE ALL OKAY BUT I HAVE TO TAKE MY ALSO FROM ALL OF YOUR COLLEAGUES ABOUT, YOU KNOW, THE CONVERSATION WE HAVE ON THESE PARTICULAR SITES. THIS IS OUR OPPORTUNITY TO DO THAT. ITEM ONE ONE OF THE JOINT MEMOS BASICALLY SAYS TO STAFF IF YOU CAN'T SITE 500 ON THE SITES THAT ARE ON THIS LIST BECAUSE AFTER YOU DO FEASIBILITY AND COMMUNITY OUTREACH AND OTHER THINGS YOU FIND OUT THAT THEY'RE UNFEASIBLE. YOU CAN THEN BEGIN TO EXPAND THE LIST AND YOU'LL EXPAND THE LIST THROUGH AN INFO MEMO ALLOWING FOR A ONE MONTH RIGHT TO APPEAL BY THE LOCAL MEMBER BUT NOT BUT BUT TRYING TO EXPEDITE THAT PROCESS AS WELL AND I THINK THAT MAKES SENSE. I JUST WANT TO MAKE SURE UNDERSTANDS WHAT IT IS THAT WE'RE TALKING ABOUT IN THIS MOTION. [09:10:02] >> ALSO THIS ITEM IS SPECIFICALLY ABOUT IMPLEMENTING WHAT ALL AGREED WAS IMPORTANT DURING THE BUDGET DISCUSSION TO CREATE SAFE SLEEPING SITES. AS COUNCILMEMBER FOLEY POINTED OUT THREE THREE YEARS AGO IN MY FIRST YEAR ON COUNCIL WE DID A JOINT MEMBER WITH COUNCILMEMBER JIMENEZ TO ACTUALLY ALLOW SANCTIONING AND WE HAD A 3 TO 8 VOTE TO DO THAT . NOW THE EMERGENCIES OF OUR SITUATION HAS IT SAYS THAT WE'RE GOING TO HAVE TO DO THIS BUT THIS IS ABOUT MOVING RAPIDLY ON IMPLEMENTING THIS NOW THERE ARE OTHER SITES THAT ALL US MIGHT BE ABLE TO IDENTIFY OUR OWN DISTRICTS INCLUDING SINGLETON, WHICH I BELIEVE CERTAINLY SHOULD BE CONSIDERED AS FOR USES GIVEN THE AMOUNT OF SPACE IT HAS THAT AREN'T GOING TO BE ABLE TO BE RAPIDLY MOVED WHICH THEREFORE THEY FALL OUTSIDE OF THE SCOPE OF TODAY'S DISCUSSION WHICH IS ABOUT HOW WE RAPIDLY PLACE 500 PEOPLE IN SAY SLEEPING SITES THIS IS THE SINGLETON DISCUSSION HAS NOTHING TO DO WITH THAT BECAUSE IT CAN'T BE DONE RAPIDLY BASED ON THE CONDITIONS OF THAT SITE. SO SO I JUST WANT TO MAKE SURE THAT THAT IS ALL CLEAR AND WHY IT IS THAT THAT'S NOT PART OF THIS DISCUSSION IN MY MIND. SO I THINK THOSE ARE MOST MY COMMENTS. I JUST WANT TO ASK ONE OTHER QUESTION OF STAFF AS YOU LOOK FOR MOVE FORWARD ON SITES I MEAN I KNOW MOST OF THESE ARE PUBLIC PROPERTY BECAUSE THEY'RE PRESUMABLY THE LEAST EXPENSIVE PLACES THEY DON'T REQUIRE OTHER KINDS OF CONTRACTS AND DELAYS. WOULD YOU POTENTIALLY IF YOU MOVE BEYOND THESE SITES BE ALSO WILLING TO CONSIDER SOME PRIVATE PROPERTIES AND OTHER SITES THAT MAY BE WE MAY BE ABLE TO MAKE DEALS? YES. AND I KNOW THERE'S A THAT ARE ON A LIST OF STAFF HAS BEEN WORKING ON THAT WE CAN CONSIDER AND BRING BACK FORWARD INCLUDED IN THAT INTERNAL MEMO AND I'D BE CERTAINLY HAPPY TO TALK ABOUT SOME IDEAS THAT I HAVE IN MY AREA. SO I JUST WANT TO MAKE THAT CLEAR. OKAY. THANK YOU. I JUST WANT TO I THINK THOSE ARE ALL OF MY COMMENTS AND QUESTIONS FOR NOW. >> APPRECIATE IT. GREAT. THANKS, COUNCILMEMBER. APPRECIATE HEARING HOW THINKING ABOUT THIS LIST VERSUS FUTURE SITES THAT WE CAN CONTINUE TO EXPLORE AND START TO DO SOME PRELIMINARY VETTING OF FOR FUTURE CONSIDERATION CONSTRUCTION DELAYS THEN I THINK YOU KNOW I APPRECIATE THE COMMENT. COUNCILMEMBER COHEN IT'S I APPRECIATE FLEXIBILITY TO BE ABLE TO DELEGATE SOME OF THIS AUTHORITY TO OUR CITY MANAGER STAFF TO TO MOVE EXPEDITIOUSLY ON SOME OF THE REQUIREMENTS THAT WE HAVE. BUT YOU KNOW, I DO I DO HAVE A LITTLE BIT OF TROUBLE WITH REGARDS TO LOSING LITTLE BIT OF THAT CONTROL WITH WITH THAT THAT PROCESS. SO MAYBE A CLARIFICATION FROM STAFF WITH REGARDS TO THAT INFO MEMORANDUM THAT WE WOULD THAT WE WOULD GET. SO I WOULD WOULD YOU SEE ENGAGEMENT WITH THE COUNCIL OFFICE PRIOR TO AN INFORMATION MEMORANDUM UPDATING THE COUNCIL THE STATUS OF AN ADDITIONAL SITE OR WHAT DO YOU ENVISION THAT I GUESS STAFF OR OR MY COLLEAGUES WHO DRAFTED THAT MEMORANDUM? >> SO I SUPPOSE I'LL START FROM THE STAFF PERSPECTIVE JUST AS WE HAVE DONE WITH BASICALLY EVERY OTHER SITE WE DON'T WANT TO BE IN A POSITION WHERE ANYBODY IS CAUGHT OFF GUARD ABOUT WHAT'S WHAT'S HAPPENING IN TERMS OF THEIR OWN OWN COMMUNITY AND THAT KIND OF THING. AND SO WE DO TRY AND HAVE IN THE PAST AND WE CONTINUE AS THIS PROCESS GOES FORWARD TO TO HAVE A CONVERSATION ABOUT THESE THINGS UNDERSTANDING TO GET INTO THE PROCESS IT WOULD GO INTO AN INFORMAL OKAY. >> YOU KNOW, I WANT TO JUST ADD FROM MY PERSPECTIVE COUNCILMEMBER IT IS ABSOLUTELY OUR COLLECTIVE GOAL TO NEVER SURPRISE A COUNCIL MEMBER AND TO KEEP YOU ENGAGED AND TO YOU KNOW IT SOMETIMES I KNOW IT DOES HAPPEN HOPEFULLY PRETTY RARELY BUT WE DON'T WANT TO SURPRISE YOU. YOU ARE OUR PARTNER. WE WORK FOR YOU AND WE NEED TO WORK TOGETHER ON THIS COMPLICATED WORK. >> GREAT. NO, NO. AND THAT'S WHAT I WAS I WAS HOPING TO HEAR THAT AND I JUST I GUESS I WANTED TO HEAR IT ON ON THE COLLABORATION PRIOR TO ANY INFORMATION IN INFORMATIONAL MEMORANDUM COMING TO US ON A POTENTIAL SITE AND OBVIOUSLY WORKING HAND IN HAND WITH OUR WITH WITH OUR COMMUNITY AND OUR ADMINISTRATION MAKE SURE WE PUT TOGETHER SOMETHING THAT THAT IS FEASIBLE BOTH FOR RESIDENTS AND FOR OUR UNHOUSED RESIDENTS AS WELL. >> YEAH, NO, I APPRECIATE THE RESPONSE. THANK YOU. >> GREAT THANKS COUNCILMEMBER CUSTOMER ON THANK YOU MAYOR AND COUNCILMEMBER FOLEY I ASKED FOR A FRIENDLY AMENDMENT THAT IS NOTHING IS BEING BUILT UNTIL THE APPROVAL OF A COUNCILMEMBER TO INCLUDE THE COMMUNITY OUTREACH AS WELL I THINK THAT'S AN IMPORTANT COMPONENT SO I'M HAPPY TO INCLUDE THAT. >> THANK HOLD ON A SECOND, DEAR. I JUST WANT TO ASK A TO UNDERSTAND THEM UNDERSTAND EXACTLY WHAT IT IS THAT YOU'RE SAYING. THERE WERE TWO ELEMENTS OF WHAT I HEARD. ONE WAS APPROVAL OF THE COUNCILMEMBER COMMUNITY OUTREACH. I'M NOT COMFORTABLE WITH FIRST ONE ONLY BECAUSE I FEEL LIKE TODAY'S ACTION IS BASICALLY THE [09:15:03] VOTE THE APPROVAL OF THE COUNCIL ON THESE SITES. BUT WHAT WE HAVE HEARD THAT COMMUNITY OUTREACH WILL BE PART OF THE PROCESS AND THAT SHOULD HAPPEN. SO I'M NOT NECESSARILY WILLING TO ACCEPT THE ENTIRE PART OF THAT. I WANT UNDERSTAND WHAT THE WHAT YOU'RE AND JUST TO FURTHER CLARIFY IN CONFLICT OR CONFLICT THE COUNCIL OFFICE WILL CERTAINLY BE INVOLVED IN THAT ONGOING COMMUNITY ENGAGEMENT SHOWS I THINK WE KIND OF OKAY I WANT TO MAKE SURE I UNDERSTAND WHAT HE MEANS BEFORE I BEFORE I ACCEPT IT BUT WE'RE NOT COMING BACK FOR ANOTHER VOTE ON THESE SEVEN SITES WHATEVER BUT I ALSO AFTER THIS YEAH WHEN I COME BACK MY FOR EXAMPLE IF TWO COMMUNITIES UP IN RAW ABOUT THE PARTICULAR SITE AND THEY'RE NOT APPROVING IT THEN THE COUNCIL MEMBER HAVE HAVE RIGHT TO SAID YOU KNOW WHAT, I'M GOING TO GO WITH THE COMMUNITY I CAN'T HAVE THE SITE LIKE THIS SO ON ANY A I JUST WANT TO CLARIFY THERE ARE TWO MEMOS HERE ONE APPROVES A LIST OF SEVEN SITES FOR SAFE SLEEPING THAT HAVE BEEN IN A LIST THAT COUNCIL HAD ACCESS TO NOW AND THAT STAFF HAS DONE SOME PRELIMINARY PRELIMINARY VETTING OF AND THE REQUIREMENT WOULD BE COMMUNITY ENGAGEMENT WOULD INCLUDE THE LOCAL THE RELEVANT COUNCIL OFFICE OF COURSE IN THAT CONVERSATION BUT WE WOULD BE NOW DELEGATING THE AUTHORITY TO MOVE FORWARD TO THE CITY MANAGER TO MEET THAT AGGRESSIVE GOAL OF 500 PLACEMENTS FOR PEOPLE CURRENTLY AND UNKEMPT UNMANAGED ENCAMPMENTS THE WATERWAYS TO ADD ADDITIONAL SITES. YES OUR MEMO OUTLINES EXACTLY WHAT YOU'RE DESCRIBING WHICH IS THE COUNCIL MEMBER AND TECHNICALLY THIS IS TRUE WITH THE SUPPORT OF A MAJORITY OF THE COUNCIL CAN WRITE A RULES MEMO SAYING I WANT TO BRING THIS NEWLY PROPOSED SITE TO THE FULL COUNCIL FOR DISCUSSION AND A VOTE SO THE COUNCIL MEMBER WOULD HAVE THAT OPTION FOR NEW SITES THAT THE CITY MANAGER TO ADD TO THE LIST . WELL LET'S CLARIFY WHAT I'M ASKING FOR THIS I AS A COUNCIL MEMBER RESERVED THE RIGHT AFTER THE COMMUNITY MEETINGS. >> IF THE COMMUNITY SAID NO TO IT I HAVE THE RIGHT TO REJECT THAT SITE BEING ON THIS ON WHICH GROUP ON A NEW SITE ON THE SEVEN THAT ARE STILL ON THE LIST IS IT SEVEN OR 7.5 I SUPPOSE EIGHT THERE ARE EIGHT ON THE EXISTING SITE THAT ON THE LIST ON THE EIGHT NO THAT'S THE WHOLE POINT OF THE STRATEGY WE OUTLINED IN THE BUDGET PROCESS AND THAT WAS IN THE STAFF MEMO AND THAT THE GROUP MEMO REAFFIRMS WHICH IS THAT IN ORDER TO MOVE QUICKLY AND ACTUALLY HIT A VERY AGGRESSIVE GOAL AS MANDATED BY OUR STORMWATER PERMIT WE'VE GOT TO BE ABLE TO MOVE AT SCALE AND GET 500 PEOPLE OUT OF THE WATERWAYS MEETING. WE CAN'T HAVE ENDLESS MONTHS OF COMING BACK AND DISCUSSING INDIVIDUAL SITES. THIS WOULD BE FOR THAT LIST OF EIGHT SAYING CITY MANAGER THESE ARE PRE AUTHORIZED AS LONG AS YOU DO COMMUNITY ENGAGEMENT AND INCLUDE THE COUNCIL OFFICE AND IF THE COMMUNITY SAID I WANT TO SAY WELL EVERY SITE WE HAVE EVER MOVED FORWARD AND I THINK IS EVER MOVE FORWARD IN THE HISTORY OF ANY CITY IN THE UNITED STATES HAS HAD COMMUNITY OPPOSITION I THE QUESTION HAS BEEN WHAT ARE OUR OVERARCHING GOALS AND OBLIGATIONS INCLUDING LEGAL OBLIGATIONS? SO I HAVE NO DOUBT THERE WILL BE SOME MEMBERS OF THE COMMUNITY OPPOSE ANY SITE WE FIND NO MATTER HOW PERFECT WE THINK IT IS. I THINK THAT'S AN INEVITABLE SO I MEAN I GUESS FROM THAT SO I'LL GO AHEAD IF COULD I'M SORRY COUNCIL MEMBER DWAN I MISUNDERSTOOD YOUR FRIENDLY AMENDMENT. >> I THOUGHT IT WAS MERELY TO ASK TO AGAIN ENCOURAGE OUTREACH WHICH IS A PART OF THIS AND VERY I DIDN'T UNDERSTAND THAT YOU WANTED THE TO OBJECT AND THEN REMOVE THE ITEM THE PROPERTY FROM THE LIST. >> IS THAT WHAT YOU'RE ASKING? YES. I'M A LITTLE BIT CONFUSED BECAUSE IS HOW DO WE PRIORITIZE OUT OF THE THE EIGHT SITES RIGHT ARE THE SEVEN SITES WHICH ONE WOULD GO FIRST AND WHICH DISTRICT WOULD GO FIRST? THOSE ARE THE THE QUESTION WE HAVE TO ASK AND WE HAVEN'T PRIORITIZED SO IT BECOMES VERY COMPLICATED. >> WELL, THE NOTION IS TO SAY THAT IF THEY ARE POLITICALLY LEGALLY FINANCIALLY VIABLE THE CITY MANAGER SHOULD MOVE HOWEVER MANY ARE NECESSARY AS QUICKLY AS POSSIBLE TO HIT THE GOAL OF 500 PRIORITIZING THE MOST EFFICIENT PATH. >> THAT'S THE SPIRIT OF THE STRATEGY STRATEGY AND I THINK THAT THE COUNCIL HAS ALREADY APPROVED AS A BODY CONSENT CONTINGENT UPON THE APPROVAL OF THE COUNCIL MEMBER FOR THE DISTRICT WHERE THE PROPOSED SITE IS GOING. >> WE CAN'T WE DON'T DO THAT AS A BODY. THE COUNCIL MEMBERS GET INDIVIDUAL VOTES OR VETOES. WE VOTE AS A BODY AND IT'S A MAJORITY DECISION. >> IT'S NOT A SO THAT'S THE MODEL. SO HE VOTED AGAINST IT AND CAN ALWAYS BRING A RULES MEMO AND SUGGEST THAT COUNCIL RECONSIDER A DECISION THAT'S THE DECISION THAT'S THE PROCEDURE OC COUNCIL ARE FOLEY I ASSUME YOU ARE ARE YOU ACCEPTING THAT FRIENDLY A NO NO NO. [09:20:04] OKAY. ALL RIGHT VICE MAYOR COMMITTEE OKAY I JUST WANT TO THANK THE STAFF THIS IS OUR LAST MEETING OF THIS FISCAL YEAR I THINK AND YOU KNOW I APPRECIATE THE ONE ON ONE SESSION TO DO THE DEBRIEF IT'S ALWAYS DIFFICULT I WILL THAT THANK YOU TO ALL MY COLLEAGUES AND IN BEING THOUGHTFUL AND YOU KNOW I I SEE THE COMPLICATIONS IN THE SINGLETON SITE BUT I DO THINK THAT IN THE FUTURE IN THE FUTURE IT MAY BE SOMETHING TO CONSIDER AS WE LOOK AT WHAT THE NEED IS AND WHAT POSSIBLE AND AND THAT SORT OF THING AND THEN WE CAN MAKE A DECISION THAT TIME SO AS THE LAST MEETING AND HOPEFULLY IS A LAST WORD REALLY THANKS TO THE STAFF AND I THINK THAT WE'VE DEALT A VERY, VERY DIFFICULT SITUATION AND THANK YOU COUNCILWOMAN FOLEY FOR YOU KNOW, LIKE SETTING THE STAGE FOR OUR OUR ISSUE HERE. >> IT'S COMPLICATED. IT'S REALLY COMPLICATED AND AND YOU KNOW, RIDDLED WITH A LOT OF DIFFERENT LAYERS AND I THINK THAT WE'RE GETTING TO A BETTER PLACE AND AND I JUST WANT TO SAY THANK YOU. >> THAT'S ALL COLORFUL THE QUESTION YEAH WE'RE GOING TO VOTE BUT I BUT I DO HAVE TO ECHO SENTIMENT WHICH IS JUST TO ALSO SAY THANK YOU. I KNOW HOW HARD STAFF HAS WORKED THAT THERE'S BEEN A LOT OF LATE NIGHTS, A LOT OF WEEKENDS, LOT OF CALLS WITH DIFFERENT STAKEHOLDERS ALREADY TO VET THIS INCLUDING PEOPLE IN COUNCIL OFFICES IN THE LOOP. >> AND WE'VE ASKED A LOT OF YOU WE'RE GOING TO ASK A LOT OF YOU IN THE COMING FISCAL YEAR WE'VE SET SOME VERY AMBITIOUS GOALS TO COMPLY WITH OUR STORMWATER PERMIT. SO I WANT TO THANK YOU NOT JUST FOR THE WORK YOU'VE DONE TO THIS POINT BUT FOR THE WORK AHEAD. WE'VE GOT A LOT TO DO TO PROTECT OUR UNHOUSED RESIDENTS AND OUR ENVIRONMENT AND COMPLY WITH THE CLEAN WATER ACT. SO THIS IS JUST THE BEGINNING BUT I THINK IT'S A VERY GOOD START AND I APPRECIATE ALL YOUR EFFORT THANK YOU, TONI. >> LET'S VOTE MOTION PASSES. ALL RIGHT. AFTER ALL THAT, THANK YOU. >> WE DO STILL THANK YOU ALL. WE STILL OPEN FORUM WHICH IS AN OPPORTUNITY FOR MEMBERS OF THE PUBLIC TO COMMENT ON CITY BUSINESS THAT WAS NOT ON TODAY'S AGENDA. DO WE HAVE ANY COMMENTS? >> I'M JOSEPH CARILLO AND BLAIR . OKAY, BLAIR, YOUR FIRST COME ON DOWN AND IF JOSEPH IS STILL HERE. >> HI. THANK YOU. AN IMPORTANT REMINDER AS WE ARE NOW ABOUT 18 MONTHS INTO THE NEW MAYOR ADMINISTRATION HOPE HIS IDEAS OF LOCAL GOVERNMENT BEING MORE ACCOUNTABLE TO THE COMMUNITY CAN INCLUDE HOW TO BUILD UPON PREVIOUS MAYOR LICCARDO AND CITY GOVERNMENT PRACTICES TO TAKE ACCOUNTABILITY AS A COMMUNITY LEARNING PROCESS OF OPENNESS HONESTY, SHARING AND TRUST BUILDING. IT WAS DEVELOPED FROM GOOD ACLU ACCOUNTABILITY GUIDELINES TO BUILD OPEN PARTICIPATORY DEMOCRACIES CIVIL PROTECTIONS AND PUBLIC OVERSIGHT AS THE IDEAS OF LONG TERM POSITIVE COMMUNITY SUSTAINABILITY. THESE ARE SOMETHING OF THE CONCEPTS OF PEACE AND NONVIOLENCE PRACTICES AND SOME OF THE BEST IDEAS TO DEVELOP POLICIES OF OPENNESS, FRIENDSHIP AND CREATIVITY AND WAYS FOR DECISION MAKING TO NOT HARM ANYONE. I'M INTERESTED HOW THESE BEST PRACTICES CAN BE A PART OF THE INTERNATIONAL PROCESS THAT CAN LEAVE THE USE OF WAR, HARM AND DEATH IS HOW TO SOLVE ISSUES AND I HOPE THAT WE CAN ALL TALK TO PAUL SOTO AND WORK OUT HE CAN COME BACK HERE. >> THANK YOU FOR YOUR TIME, JOSEPH. YES. YOU'RE STILL HERE, TONI. WHO WAS THE OTHER JOSEPH HERE TO REVIEW THE OTHER COMMENT CARDS. >> I THINK WE HAVE ONE MORE SAY YOUR OKAY SO MIKE THANK YOU GUYS. WHEN I LOOK AT THE DAIS I KNOW THERE'S A LOT OF CONFLICT AND STUFF YOU GUYS ARE DOING A GREAT JOB. I AM SO PROUD TO BE A PART OF THIS CITY. I ALL AROUND AND I SEE OTHER CITIES. THIS IS A GREAT CITY AND YOU GUYS DOING A GREAT JOB EVEN WHEN YOU DISAGREE. >> IT'S RIGHT. SO THE COMMENT I WANTED TO MAKE AND THIS IS A LITTLE BIT HEAVY I KNOW WE'RE GOING FOR A BREAK BUT THE DOWNTOWN WEST PROJECT SEEMS TO BE AN ELEPHANT IN THE ROOM OR IT'S BRINGING ELEPHANTS IN THE ROOM TOGETHER. WE TALKED ABOUT BRINGING STABILITY AND TO THE DEVELOPMENT COMMUNITY SEEMS TO BE A QUESTION MARK. YOU KNOW WE TRIED TO BRING THE A'S HERE WHICH I LOVE WHAT JAMESTOWN IS DOING TO KIND OF KEEP VIBRANCY ALIVE. NOW I'M HEARING THAT WE MIGHT BE â– ENTERTAININGTHE IDEA [09:25:05] OF HAVING SOCCER HERE AND SO I WOULD JUST LIKE TO OFFER UP IF YOU WANT A TASK FORCE TO GET INVOLVED IN THE SUPPORT OF DEVELOPMENT AND IN THAT AREA, I WOULD RAISE MAHAN AND SAY I WOULD LOVE TO BE A PART OF ALL RIGHT DID WE HAVE THANK YOU FOR THAT AND WE DO LIVE IN A GREAT CITY. ANY OTHER PUBLIC COMMENT? I THINK THAT WAS IT. ALL RIGHT WELL ONCE AGAIN WELL THANK MY COLLEAGUES. WE ARE ADJOURNED AND I HOPE EVERYONE HAS A VERY FUN AND SAFE SUMMER ESPECIALLY IF YOUR . >> SURE. I'LL SEE YOU ALL TOMORROW REGARDLESS BUT THANK YOU. >> HAVE A GOOD EVENI * This transcript was compiled from uncorrected Closed Captioning.