[0:09] That. All >> right. Good [0:14] afternoon, everyone. Welcome to [0:16] your city hall. I'd like to [0:17] call to order this meeting [0:18] of the salzer city council for [0:20] the afternoon of august 18th. [0:22] toni, would you please call the [0:23] roll to me here, compose [0:25] present today's here to win [0:28] ortiz present mulcahy >> here. [0:30] don kendall is here. Casey [0:33] foley mehan >> here you have a [0:36] quorum. Thank you. All right. [0:37] now if you're able please stand [0:38] and join us in the pledge [0:40] of allegiance. I pledge [0:45] allegiance to the flag >> [0:47] of the united states of america [0:49] and to the republic for which [0:51] it stands one nation under god, [0:54] indivisible, with liberty and [0:56] justice for all. >> thank you [1:03] and welcome once again. Today's [1:05] invocation will be provided by [1:07] ten fong taekwondo institute [1:10] council member twan please tell [1:11] us more. >> thank you very [1:14] much, mayor. Good afternoon [1:16] everyone. Today my office is [1:19] pleased to present our >> [1:20] second invocation of the month. [1:21] we are especially honored to [1:24] have a special performance >> [1:26] prepared for us today thanks to [1:28] tun fong and his taekwondo [1:30] group. Taekwondo is a martial [1:32] art that emphasized discipline, [1:34] respect, perseverance and [1:36] self-control beyond impressive [1:39] techniques and physical skill. [1:41] it teaches us the >> importance [1:43] of focus, confidence and value [1:46] that can inspire >> all of us [1:48] in our daily lives. And [1:50] of course >> we are very [1:52] grateful they are here to [1:53] demonstrate this skill to us [1:55] today. I think it is safe to [1:58] say that after watching this [2:00] performance none of us will be [2:02] volunteering to test their [2:04] kicks. With that please join >> [2:07] me in giving a warm welcome to [2:09] ten fong and his taekwondo [2:11] group >> [3:07] . Take one look. Thank you [3:18] both. >> I am the fastest way [3:28] this race [3:43] is to be awarded for the five. [3:51] oh, my god. >> oh. Oh! Oh oh [4:01] oh. 000. Oh. Oh oh. Oh. Oh. Oh [4:25] yeah. >> oh oh. So. So far. So [4:45] far. All right. Glad you're [4:49] back on >> the official place. [4:53] I've got to go back. >> thank [5:01] you so. We start we started [5:07] when you start to get started [5:11] >> up on a bit out, right? [5:13] yeah. We're going to be get a [5:17] lot out natalie >> okay, now [5:38] okay. Just >> gonna have fun. [5:52] wow. Got nothing to come by but [5:56] I think it's fun to be up loud [6:02] oh yeah yeah okay yeah >> yeah [6:10] oh yeah. Okay. So what what is [6:21] it >> like what? Soccer got? [6:31] let's go first. Is that what I [6:33] talked about? Think back and [6:36] come back and get back to the [6:39] back but ready? Yeah. Get [6:46] ready. Ready. Why don't you go? [6:48] I don't know. Maybe. Yeah. [6:53] ready to go? I think >> that [6:59] this and >> like yeah, >> yeah. [7:17] marvin >> come up and >> block [7:27] up yeah of yeah that's just [7:37] like that but this way just [7:43] come back out now okay >> [8:00] . It could be fun but I set >> [8:06] you up. Yeah. Okay on it. Fun [8:16] >> that I kind of like it. Yes, [8:22] please. Yeah, yeah >> [8:44] . But in front of I don't know [8:52] which like that I mean it [8:57] actually plaza yeah I have been [9:02] out and you have to measure [9:06] yeah it's good to have you have [9:07] to tell us where I go very very [9:12] fancy that's it but but but [9:19] very close and yet like yeah >> [9:31] that's what >> we we we >> like [9:42] >> working now >> [10:03] . Yeah so now let's know if [10:12] that's your plan. Yeah. How you [10:26] cook it right I mean you you [10:33] now with left. Yeah >> like I'm [10:54] lena [11:06] yeah I'm 5000 yeah >> [11:35] back and be like I through oh [11:53] okay yeah >> yeah yeah [12:24] okay and yeah yeah [12:42] yeah so so yeah >> [12:59] I'm not only the about >> the [13:16] no but look there's not look >> [13:23] okay >> thank you all very much [13:32] again that was tom fong [13:35] taekwondo institute thank you [13:37] again council member dawn for [13:38] arranging today's invocation. [13:40] we'll do our ceremonial items. [13:42] vice mayor foley, if you would [13:43] join me at the podium we will [13:44] recognize the bay area women's [13:47] sports initiative also known as [13:48] bossy >> [14:14] . >> good afternoon. Today I'm [14:17] >> here to recognize the bay [14:18] area women's sports initiative [14:21] for their continued success in [14:22] advancing youth recreation. [14:25] founded in 2005 bossy and you [14:28] gotta love that acronym, don't [14:30] you? >> women are bossy but [14:34] they're also in control. >> is [14:36] a nonprofit. Bossy >> is a [14:38] nonprofit organization rooted [14:40] in the belief that the women's [14:41] sports community holds the [14:43] power to engage, inspire and [14:45] empower girls to stay active [14:48] regardless of ability or [14:49] socioeconomic >> status. As [14:52] someone who has been proud to [14:53] support bossy, I have seen [14:56] firsthand why this organization [14:58] is so important to our [14:59] community. Throughout >> the [15:01] last 21 years bossy has [15:03] supported over 29,000 children [15:06] and youth through participation [15:08] in their free programs. [15:10] empowered 80 plus coaches and [15:13] inspired >> more than 9800 [15:15] volunteers. And let's be honest [15:19] girls belong on the court, on [15:21] the field, at the rink and in [15:23] the stands cheering each other [15:25] on. We're also living >> [15:27] through such an exciting time [15:28] for women's sports here in [15:30] san jose and across the bay [15:31] area particularly with the [15:33] addition of the national >> [15:35] women's hockey league team [15:36] coming to san jose soon. We're [15:39] seeing more professional [15:40] women's sports teams, more [15:41] attention to women athletes and [15:43] more young girls getting >> the [15:45] chance to see women succeeding [15:47] at the highest levels. And I [15:48] think one of the most powerful [15:50] things we can give a young girl [15:52] is the ability to look at an [15:53] athlete and say >> I want to be [15:56] her or even better I can be [15:59] her. But that starts way before [16:02] the professional level. It [16:03] starts when a girl gets her [16:05] first pair of cleats steps onto [16:07] a field, joins a team and [16:09] realizes she belongs there. [16:12] that's where >> the bay area [16:14] women's sports initiative comes [16:15] in. Girls often have less [16:18] opportunities to play [16:20] sports than boys. And this [16:21] disparity is even greater for [16:23] girls of color. Girls who play [16:26] sports have better physical and [16:27] mental health outcomes and [16:29] graduate high school and [16:30] college at higher rates. Bossy [16:33] is creating those opportunities [16:35] for girls right here in our [16:36] community. Bosses first [16:38] initiative aims to harness the [16:41] power of women athletes by [16:42] providing opportunity to serve [16:45] young girls who weren't being [16:46] exposed to organized sports or [16:49] physical education classes and [16:51] to reach girls in communities [16:53] >> where obesity and diabetes [16:55] were prevalent. As someone who [16:58] cares deeply about san jose and [17:00] the young people who call our [17:02] city home, I really value >> [17:04] organizations that are [17:05] investing in our kids and [17:07] giving them opportunities to [17:09] thrive. Because when we invest [17:12] in girls in sports we aren't [17:14] just creating better athletes. [17:16] we're creating future leaders, [17:18] coaches and community members. [17:21] congratulations to >> bossie [17:23] your coaches, volunteers, [17:25] parents and the incredible [17:27] young women and girls you [17:28] serve. Thank you for reminding [17:31] our girls that they are capable [17:33] and reserve >> every chance to [17:35] play, compete, lead and [17:38] succeed. To >> accept today's [17:41] commendation, I'd like to [17:42] welcome dana weintraub, ceo [17:44] of bossy. Okay. First of all, I [17:53] would just like to recognize [17:55] those young people who just [17:56] performed and shared their [17:58] incredible skill of tai chi [18:01] taekwondo with us. Wow, that [18:03] was impressive. Good >> [18:06] afternoon, vice mayor foley. [18:09] mayor mehan and all the members [18:11] of the city council, city [18:12] leaders, partners and friends [18:15] today >> I also have with [18:16] me two bossy alumni coaches who [18:18] are now on staff with us also [18:20] two former collegiate and [18:22] professional athletes annette [18:23] greenlee and lindsey van allen. [18:25] so, so glad they could be here [18:26] with us. The >> rest of our [18:28] team is getting ready to get [18:29] back on playgrounds for back to [18:31] school. On behalf of all of us, [18:33] thank you for this incredibly [18:35] meaningful recognition of our [18:37] 20th plus one anniversary bossi [18:40] story is in so many ways a [18:43] san jose's story. We were [18:45] founded in 2005 at a time when [18:48] investment in women's [18:50] sports and access for sport for [18:52] girls was far from guaranteed. [18:54] the first women's professional [18:56] soccer league had recently [18:57] folded including our very own [18:59] san jose cyber is the league's [19:01] very first champions. Marlene [19:03] barnes read the former manager [19:05] of the cyber res along with [19:07] soccer legend legends san jose [19:09] native and santa clara bronco [19:11] brandi chastain and stanford [19:13] cardinal julie foudy wanted to [19:16] preserve something powerful [19:17] that had grown out of that team [19:19] the connection between women [19:21] athletes and community in truth [19:23] silicon valley fashion bossi [19:25] began in marlene's garage and [19:27] our first official office soon [19:29] followed right here at city [19:31] hall at the invitation of then [19:32] mayor ron gonzalez. So it feels [19:35] especially fitting to be back [19:37] here at city hall 20 plus years [19:39] later since our founding as you [19:41] just heard from vice mayor [19:44] foley, bossi has enrolled over [19:45] 29,000 children and youth [19:47] engaged over 9500 volunteers [19:50] and 80 athlete leadership team [19:52] coaches, two of whom are with [19:53] me today. We've built deep [19:55] partnerships with schools and [19:56] communities >> throughout [19:57] san jose and the bay area. But [19:59] the numbers only tell part [20:01] of our story. The real story is [20:03] the thousands of girls from [20:05] under-resourced neighborhoods [20:06] and children with disabilities [20:07] who have stepped onto a busy [20:09] playground and found that they [20:11] belong. The young girl >> who [20:12] finds confidence and begins to [20:14] see yourself as a leader the [20:16] bossy alumni who come back [20:17] years later >> and are leaders [20:19] in their community >> as bossy [20:21] coaches, volunteers, staff and [20:24] board members as well as chief [20:27] of staff to city council member [20:28] peter ortiz. Like our boss the [20:30] alumni brisa rojas marino all [20:32] creating the same opportunity [20:34] for the next generation. 20 [20:36] years ago >> bossy was [20:38] created in the wake of the loss [20:40] of a professional women's [20:41] sports team. Today san jose and [20:43] the bay area area are [20:45] experienced an extraordinary [20:46] new era in women's sports. And [20:48] the deep community connections [20:50] which follow just yesterday the [20:52] entire bfc team came out to [20:55] hubbard media arts academy [20:56] playground >> and >> reminded [21:00] us what's possible when [21:02] communities invest in the long, [21:05] long game. We are deeply >> [21:07] grateful to the city of san [21:08] jose for being part of bossi [21:10] story from the very beginning [21:11] and continuing to believe in [21:13] the power of sport to [21:14] strengthen our community. Thank [21:16] >> you vice mayor foley, mayor [21:17] mehan and the entire city [21:19] council for this commendation [21:21] and for ensuring that the next [21:23] generation of san jose youth [21:25] has the opportunity to play, to [21:27] lead and to succeed. We are [21:29] incredibly proud of what we've [21:30] built together over these first [21:32] 20 years and even more excited [21:35] about what's ahead. Thank you. [21:41] and we have a little something [21:42] to except when I first >> [21:45] actually gave you this. Thank [21:46] you very much. Thank you. And [21:48] our community. Thank you. [21:49] appreciate it. Let's get a [21:50] photo and we have a little [21:51] something for you to wear in [21:52] the photo. Okay, great. Send [21:57] middle [22:11] thank. It's great. Thank you. [22:13] thank you so much and hopefully [22:16] see you at the bfc. All right. [22:29] thank you vice mayor and boss. [22:31] we really appreciate the [22:32] incredible work you do on our [22:33] community will now move on to [22:35] councilmember mulcahy and [22:36] councilor dumont if you would [22:38] join me here at the podium we [22:40] will recognize valley services [22:42] >> [22:53] . It's always good afternoon [23:00] everyone. I first of all I want [23:02] to say thanks to [23:04] councilmember mulcahy for [23:06] allowing me to present this [23:07] commendation alongside with [23:09] him. It is my honor to [23:11] recognize valley >> services [23:15] for nearly 40 years of service [23:18] to the residents of san jose. [23:21] founded by mike and monica [23:23] salinas valley service began >> [23:26] in 1986 as a small scrap metal [23:30] businesses and has grown into [23:33] full service sanitation company [23:36] serving projects and events [23:38] throughout our community. [23:41] valley services has also been [23:44] >> a dedicated community [23:46] partners supporting local [23:48] organization and events [23:51] including working with the [23:53] san jose foos to provide [23:55] restroom facility >> for major [23:58] community gathering. I [24:00] especially want to recognize [24:02] their commitment to second [24:04] chance employment by creating [24:07] opportunities for individual [24:09] who are incarcerated or return [24:12] from rehabilitation. Valet [24:14] service has helped people [24:17] rebuild their lives, support >> [24:19] their families and reach [24:21] important milestones. For four [24:24] decades valley's >> service [24:26] have shown that a successful [24:28] local business can also be a [24:30] force for positive change. [24:33] while staying true to >> it, [24:35] family and community values >> [24:38] on behalf of the city of san [24:40] jose, thank you for your [24:42] continuous service and [24:44] commitment to our community. [24:47] and I believe >> would like to [24:50] say a few words. >> good [24:54] afternoon mayor. Council [24:56] members and everyone here [24:57] today. On behalf of my family [25:00] and everyone at valley services [25:01] thank you for this recognition. [25:03] it's especially meaningful to [25:04] receive it here in san jose [25:07] down the road from spartan [25:08] stadium. There's a stretch [25:10] of railroad tracks on south [25:11] seventh street. My dad played [25:13] along those tracks as a kid [25:14] growing up in san jose. With [25:16] humble beginnings and often [25:18] finding refuge there when [25:19] things got >> rough at home. [25:21] decades later my parents would [25:22] build valley's newest facility [25:24] along those very same tracks. A [25:26] full circle moment. I don't [25:28] think either of them could have [25:29] imagined at the time my parents [25:32] mike and monica met in san jose [25:34] when they were 16 and went on [25:37] to start the business in 1986. [25:39] at just 25 years old with one [25:41] truck hauling scrap metal and [25:43] junk cars around >> the bay [25:44] area 40 years later valley is [25:47] still proudly rooted right here [25:49] in san jose. Today we employ [25:51] nearly 100 people operate a c [25:54] and disposal facility and [25:55] provide site services for some [25:57] of the bay area's largest [25:58] events including the two [26:00] concerts that were held right [26:02] outside these doors. My three [26:05] sisters and I grew up in the [26:06] yard with our parents. [26:08] eventually a few of us along [26:09] with our husbands found our own [26:11] places within the business. >> [26:13] and now my two sons I see >> [26:15] here are growing up there too. [26:17] but when >> I think about what [26:18] has allowed valley to be here [26:20] for 40 years, the story isn't [26:22] really about >> our family. [26:24] it's >> about the people who [26:25] built this company alongside us [26:27] . From the beginning my parents [26:29] believed in giving people an [26:31] opportunity to work including [26:32] those looking for a second [26:33] chance or simply needing [26:35] someone to take a chance on [26:36] them. We watched people turn [26:38] those opportunities into [26:39] careers, become leaders within [26:41] our company, support their [26:43] families, buy their first [26:45] homes, start businesses [26:46] of their own. And even retire [26:48] after decades with valley. For [26:50] some those milestones may have [26:52] once felt out of reach. That's [26:54] what our purpose >> empowering [26:55] lives enhancing communities [26:56] means to us and creating [26:58] opportunities for people and [26:59] being there for the community [27:01] that has been there for us. >> [27:03] so while our family is [27:04] incredibly proud to accept this [27:05] commendation, we accept it on [27:07] behalf of our employees past [27:08] and present. They are the [27:10] people who made valley what it [27:11] is. 40 years ago my dad was the [27:14] kid who found refuge along [27:15] those tracks on south seventh [27:17] street. Today my children are [27:19] growing up on that same ground. [27:21] san jose is where my parents [27:22] story began where valley's [27:24] story began and where we hope [27:25] the next generation will [27:26] continue it. Thank you to [27:28] councilmembers mulcahy, dewan, [27:30] mayor mason and the city [27:32] council for this recognition. [27:33] we're incredibly grateful to [27:35] call san jose home. Thank you [27:36] >> [27:47] . Just so we can get away [28:14] . Bye bye. All right. We're on [28:22] to our third and final [28:23] ceremonial item for today. [28:25] kills for our compost. If you [28:26] would join me at the podium. We [28:28] will recognize as jaycee's [28:30] air traffic controllers. >> [28:38] thank you, mayor, and good [28:40] afternoon everyone. Whenever we [28:43] are flying >> in or out of san [28:45] jose, do you ever think about [28:47] the many people who make our [28:49] journey possible? Today we [28:51] celebrate >> and recognize the [28:53] work of air traffic [28:54] controllers. These are the men [28:57] and women who keep airplanes [28:59] at safe distances >> from each [29:00] other and prevent them from [29:02] colliding. Thanks to our [29:04] air traffic controllers nearly [29:06] 12 million annual passengers [29:08] travel safely through san jose [29:10] mineta airport. Being an air >> [29:13] traffic controller requires [29:14] exceptional levels [29:16] of concentration and [29:18] communication to ensure [29:19] aircrafts can take off and land [29:21] safely and in spite [29:24] of adversary and I'm sorry [29:25] adverse adversity like staff [29:27] shortages or government [29:29] shutdowns. Our air traffic [29:30] controllers show up sometimes [29:33] going weeks without pay. And [29:35] during the most recent [29:36] government shutdown several [29:38] local organizations stepped up [29:40] and provided different levels [29:42] of assistance to this group [29:44] of federal workers for which I [29:45] am deeply, deeply grateful to [29:47] all of the neighbors who showed [29:49] up for our community and [29:50] supported our air traffic [29:52] controllers here in san jose. [29:54] we often don't get to see, [29:56] interact or think the people [29:57] who make our air travel [29:59] possible. And it's my hope that [30:01] >> with this commendation we [30:03] are demonstrating a small token [30:06] of our appreciation for the [30:07] hard work and at times [30:09] sacrifice that our air traffic [30:11] controllers make to ensure that [30:12] we get to our destinations [30:13] safely. So today we are joined [30:15] by alex coronado and colby [30:18] saunders of san jose mineta [30:20] airport. And now I'd like to [30:22] invite victor ramirez to share [30:24] a few words and accept this [30:25] commendation on behalf of the [30:27] air traffic controllers here [30:28] at san jose. Thank you so >> [30:35] much. I didn't have a speech [30:36] friday. I came straight from [30:37] work today but I truly [30:38] appreciate it. We are the ones [30:40] behind the scenes. When you [30:41] talk about aviation, when [30:43] you're taking a flight you [30:44] always think about the pilot [30:44] because you see the pilot. He's [30:46] the one that greets you the [30:46] ticket agent. They're the ones [30:47] to collect your tickets. But [30:49] you forget about the behind the [30:50] scenes. So I truly appreciate [30:51] it. And all the air traffic [30:52] controllers are grateful for [30:53] this opportunity to kind of be [30:55] in the limelight. I know [30:56] sometimes tragic accidents do [30:58] bring us to the limelight and [31:00] that's one of the things that [31:02] did bring us the limelight with [31:03] the accident. But even during [31:05] this shutdown we truly [31:06] appreciate all the [31:07] organizations, agencies, [31:08] companies that came out support [31:10] it whether it was lunch, [31:12] coffee. So we do appreciate [31:14] that because yeah, being on the [31:15] shutdown for 40 days plus [31:17] without pay, it made a lot [31:19] of impact on our families and [31:20] our daily lives. So we are so [31:22] grateful and remember next time [31:24] you guys are flying or going to [31:25] your destination, there's [31:27] people behind the scenes that [31:28] do a lot of this work and try [31:29] and make sure that we get you [31:31] guys there safely, smoothly. [31:32] hopefully don't blame us for [31:34] being delayed. It's not us. [31:36] most of the time it's whether [31:37] but the pilots will blame the [31:39] air traffic controllers. But [31:40] thank you again >> [31:53] for [32:45] all right. Thank you all very [32:46] much. We are on to orders [32:49] of the day. Do any colleagues [32:51] have suggested changes to [32:53] today's printed agenda? For [32:55] casey. >> yes. I'd like to pull [32:58] item 10.1 please. Okay. That's [33:01] off land use concern. Okay. [33:02] well, when we get to ladies [33:04] consent, we will do that. You [33:06] know, appreciate the heads up. [33:08] any other changes to the [33:09] printed agenda? Not seeing any. [33:11] we do have an adjournment today [33:14] . >> today will be adjourning [33:20] today's meeting in honor [33:22] of father peter pabst sj. Today [33:26] I want to take a moment to [33:27] remember and honor the life [33:29] of father peter pabst who [33:31] passed away in may. A man whose [33:33] faith, compassion, humor and [33:37] unwavering belief in young [33:38] people touched countless [33:40] countless lives here in [33:41] san jose. Father peter gerard [33:43] pabst was born in saint paul, [33:45] minnesota in 1954 and his [33:49] impact here in san jose began [33:51] in 1986. After being ordained a [33:54] priest in san francisco. Part [33:57] of his ministry included [33:58] serving at bellarmine and as a [34:01] resident minister at santa [34:03] clara university. Experiences [34:05] that helped him find his gift [34:07] for connecting with young [34:08] people, helping them see [34:09] possibilities for their lives [34:11] that they couldn't yet see for [34:13] themselves. That gift was [34:15] at the heart of his most [34:17] important life life's work. In [34:20] 2000 father pabst founded the [34:23] sacred heart nativity school's [34:25] opening new doors for students [34:27] from low income families. Then [34:30] in 2013 he took on another [34:33] ambitious mission as the [34:35] founding present of crystal [34:36] rey, san jose's jesuit high [34:38] school. Father pabst believed [34:41] deeply that a family's income [34:43] should never determine whether [34:44] a young person has access to an [34:46] excellent education or the [34:49] opportunity to build a bright [34:50] future. Under his leadership as [34:53] founding present and later as [34:54] chancellor crystal rose, [34:56] san jose has helped hundreds [34:58] of students become the first in [35:00] their families to attend [35:01] college. That is an [35:03] extraordinarily legacy. But [35:05] anyone who knew father pabst [35:07] knows that his impact can't be [35:09] measured just by the [35:11] institutions he built or the [35:12] number of students who he [35:14] helped get on the path to [35:15] college. Service was deeply [35:18] personal to him. He found [35:20] tremendous joy in people. He [35:23] was proud of his students and [35:25] alumni and those who supported [35:27] them and he stayed connected [35:29] with former students long after [35:31] they graduated, sometimes even [35:32] officiating their weddings. His [35:35] warmth, infectious energy and [35:37] sense of humor made people feel [35:40] welcome while his faith [35:41] inspired them to believe in [35:43] themselves and what was [35:44] possible for their lives. Today [35:47] we honor father pabst not only [35:50] for his service and what he [35:52] built but for how he made [35:54] people feel seen, supported, [35:58] encouraged and loved. On behalf [36:01] of the city of san jose, I want [36:03] to extend our deepest [36:04] condolences to father papp's [36:06] family to the many students, [36:08] colleagues, friends and loved [36:10] ones whose lives he profoundly [36:12] touched. And now I'd like to [36:16] invite carla quinto, a crystal [36:19] alum, to share a few words [36:20] about father pabst. >> welcome. [36:25] thank you. I recently had a [36:28] question posed to me and that [36:30] is who have you met >> that [36:32] changed the course of your [36:33] life? For me it was a man who [36:35] had a vision of providing [36:36] resources, access and [36:38] opportunity to kids in [36:40] san jose. Reverend peter patz [36:42] believed that education was the [36:44] great equalizer to give these [36:46] students a chance to get out [36:48] of poverty. In 2012, reverend [36:50] peter pappas became the present [36:52] of christ the san jose jesuit [36:54] high school where he continued [36:55] to wear many hats to support [36:57] the school's mission to help [36:59] students get to and through [37:00] college and to be set on a path [37:03] toward a sustainable, [37:04] fulfilling future. Under his [37:07] leadership, 100% of christa rey [37:09] alums have been admitted to [37:10] four year universities with [37:12] most the first in their [37:14] families to pursue higher [37:15] education. They start their [37:17] college career with [37:18] professional experience gained [37:20] through a corporate work study [37:21] program that partners with [37:23] companies across multiple [37:24] industries in silicon valley [37:26] including nonprofit kids, tech [37:28] giants, health care and [37:30] educational institutions where [37:32] students work for one day a [37:33] week obtaining valuable [37:35] communication organization and [37:37] interpersonal skills needed in [37:39] the workplace. I had the [37:41] opportunity to graduate from [37:43] chris array's inaugural class [37:44] in 2018 where I graduated with [37:47] over 1000 hours of work [37:49] experience as an internet cisco [37:51] systems and acceptance and [37:53] scholarship to santa clara [37:54] university. I've since grown in [37:57] my career at stanford [37:58] university for the past four [38:00] and a half years where I am a [38:02] talent development coordinator [38:03] helping our staff grow [38:04] professional li and obtain [38:06] skills meaningful to their [38:07] careers. >> and in 2024 I [38:10] started my own small business [38:11] providing career coaching for [38:12] early in career first [38:14] generation professionals where [38:16] I have been able to help over [38:17] 100 people understand and [38:19] navigate the job search process [38:21] . But I'm not the only one who [38:23] has been able to reap the [38:25] benefits of getting access to [38:27] the resources christopher array [38:28] provided for its students as [38:30] over 150 alumni have been hired [38:33] by christopher wray work city [38:34] partners for internships and [38:36] professional work. With [38:38] christopher, his fifth [38:39] graduating >> class earning [38:40] degrees from four year colleges [38:42] this year, alumni are entering [38:44] the workforce not only with a [38:46] degree but extensive work [38:48] experience and a professional [38:49] network of mentors and [38:51] champions. None of this would [38:53] have been possible without [38:55] reverends peter papp's vision [38:57] to create opportunities for [38:59] students in east san jose. His [39:01] passion to serve [39:02] under-resourced families should [39:03] be recognized and and [39:05] remembered for its [39:06] extraordinary >> impact on the [39:08] community. I'm proud to be an [39:10] alumna from christa ray and I'm [39:12] thankful for reverend papp's [39:13] contributions to make dreams [39:15] possible for many students and [39:17] families in san jose. Thank [39:19] you. Thank >> you. We really [39:28] appreciate you being here to [39:29] share how father pabst impacted [39:31] your life and that of hundreds [39:32] of other students I know we're [39:34] also joined by leaders jesuit [39:36] school leaders, educators, [39:38] staff >> from santa clara [39:40] university, christopher wray, [39:41] jesuit high school and sacred [39:43] heart nativity schools. I just [39:44] want to thank you all for being [39:46] here. If you'd like to stand [39:47] up, we'll just thank you for [39:48] your service in our community. [39:50] I know peter papp's had a big [39:51] impact on your lives. You don't [39:53] have to stand up but thank you [39:54] all for being >> here and thank [40:03] you again for being here to [40:04] help honor a great man who had [40:05] an incredible impact on our [40:07] community. We're going to move [40:08] on now to our >> close session [40:11] report. >> thank you, mayor. [40:14] nothing to report from closed [40:16] session today. Okay. Thank >> [40:18] you. So we I know we have a [40:20] number of folks here who want [40:21] to comment on an item coming up [40:22] a little later. I do since we [40:24] have folks who may not have [40:24] been here in the past, I just [40:26] want to note that if you would [40:28] like to speak it would we would [40:31] appreciate if you would fill [40:32] out a comment >> card. Our [40:34] clerk will call out your names. [40:36] the comment cards are down here [40:39] at the bottom of the [40:41] ampitheater seating and there's [40:43] and also up at the top. So if [40:44] you would fill out a card and [40:45] make clear which item on the [40:47] agenda you want to speak on [40:48] that will help us be more [40:49] efficient. Thank you all. Next [40:51] is the consent calendar. Are [40:54] there any items council members [40:55] would like to pull from consent [40:58] ? Not seen >> any. Do we have a [41:02] motion so I can. Great. Thank [41:05] you toni. Do we have public >> [41:07] comment on the consent [41:09] calendar? Yes >> I do. I have [41:11] currently three cards in person [41:12] and five hands online before I [41:15] call names as a reminder, [41:16] speakers must comply with the [41:17] city's code of conduct for [41:18] public meetings. Please direct [41:20] comments to the body limit [41:21] remarks to the agenda item. In [41:23] this case it's the consent [41:24] calendar as a whole even if you [41:27] submitted more than one card [41:29] for an item you will speak one [41:31] minute on all of the items. [41:34] conduct that materially [41:35] disrupts the meeting or [41:36] interferes with others ability [41:37] to participate may result in [41:38] muting or removal as authorized [41:40] by law. If you are [41:41] participating by telephone you [41:42] press star nine to raise your [41:43] hand and I actually see the [41:45] three cards I have in person [41:46] are for the same person. So [41:48] america please come on down. [41:50] you have one minute to speak on [41:51] all three items and then online [41:53] I'll move to dave followed by [41:55] blair >> [42:12] and that's all I need to get [42:19] and I know I want to get [42:23] everybody am I'm sorry if you [42:25] want to speak on this item you [42:27] can come down. You will have [42:28] one minute. The agenda is [42:29] posted online as always >> I [42:33] understand you have one minute [42:34] on this item. This is the [42:35] consent calendar. >> okay. I'm [42:37] going to go ahead and move up [42:38] to the online. Go >> to online [42:40] first. Go ahead, dave followed [42:44] by blair. Go ahead, dave [42:50] followed by blair dave, [42:52] go ahead, kay. I'm going >> to [42:58] move on to blair followed by [42:59] connie. >> hi blair beekman boy [43:05] it's nice to appear on zoom [43:06] again here in san jose. I'm [43:08] living in san diego for the [43:09] past four years. Thank you for [43:11] working with the state [43:12] of california to allow zoom [43:13] again and hopefully we can have [43:17] a hopeful good public decorum [43:19] and public process with the [43:20] future of zoom. It's a real [43:22] good democratic community too. [43:24] thank you. >> I wanted to [43:26] comment on the northern [43:28] california regional [43:29] intelligence center that you [43:30] are going to be approving [43:31] today. I hope there can be a [43:33] comment from your someone from [43:36] council what exactly we are [43:38] doing with the future of nick [43:39] rick things they've just been [43:41] caught with san francisco you [43:43] know giving federal agencies [43:46] carte blanche to data [43:48] collection practices and [43:51] they've been spying on people [43:52] and spying on our immigrant [43:55] communities in really large [43:57] numbers. What is southeast [43:58] response to that? How are you [44:00] going to work on that? And I'll [44:02] talk more about this item at a [44:05] connie followed by america in [44:08] person. Hello, my name is [44:13] connie. Good morning mayor and [44:14] council members I am speaking [44:16] on consent item ten dot 1ai am [44:20] county I'm sorry we're not on [44:22] the the land use consent right [44:24] now so those people who are [44:26] online if you're here to speak [44:27] about 10.1 a we're going to get [44:31] to that next so I would thank [44:34] you. Okay. I'm going to [44:37] go ahead and go to america here [44:38] in person. I'm >> speaking to [44:47] three items today regarding [44:49] northern california regional [44:50] intelligence center. It has [44:52] something to do with your >> [44:55] citizens quality of life. [44:57] therefore it is illegal to put [44:59] this under a consent agenda. [45:01] your staff is trying to do it [45:04] under the radar pass so nobody [45:06] knows what you guys are trying [45:07] to do with the intelligence [45:08] center that needs to be put to [45:10] be discussed. I wish to pour [45:12] that I also wish to poor [45:14] resilience facility coalition [45:16] adoption for the four climate [45:18] bond readiness that concerns [45:20] your citizens property taxes >> [45:23] you're trying to make a pay [45:24] more taxes again and she is [45:26] again trying to pass this under [45:27] the radar. I wish to pull that [45:29] for your citizens to discuss in [45:31] open public discussion. I also [45:33] wish to pull your heritage tree [45:36] list to be discussed because [45:38] heritage tree list has >> [45:41] sentimental feelings and values [45:43] to your citizens who are [45:45] founding citizens. So just >> [45:48] okay that's your time bryan >> [45:51] online followed by not fine in [45:53] person I think the applause may [46:01] have drowned out that I called [46:02] a person. Can you hear me okay? [46:04] yeah. Hold on, bryan. After [46:07] after bryan is not fine. Come [46:10] on down. Go ahead, bryan. >> [46:12] thank you, ma'am. I would I [46:14] sent a letter about the tree [46:15] thing and I know we're going to [46:18] be sticking to one minute. I [46:20] would like to remind everybody [46:21] that mr. Bateman has been [46:23] bringing up the security issues [46:24] and data being shared for many, [46:27] many, many, many, many, many, [46:28] many, many, many years and for [46:30] many, many, many, many years [46:32] mr. Beekman has been ignored [46:33] and he has been correct pretty [46:36] much about all of it. And so [46:38] now people are councils are [46:39] having to go back and finish. I [46:41] would just humbly suggest that [46:43] maybe people listen to us just [46:46] once in a while. That's not a [46:48] rude I'm sorry that make it [46:50] clearer that you're hearing it. [46:51] thank you. >> thank you. Not [46:52] fine. Did you come down? It's [46:56] anonymous. It just is not fine [46:58] for the name. Okay. I'm going [47:01] to move on to alec again. This [47:04] is for regular consent, not [47:06] 10.1 alec online. No, sorry. I [47:12] think I'm in for the other one [47:13] that you can pass. Okay. For [47:14] now >> and then amy, that are [47:27] you also 10.1. Hi, can you hear [47:29] me now I'm talking about >> [47:33] public safety and the data [47:34] centers. Okay, go ahead. >> [47:40] my name is amy. I grew up in [47:42] santa clara county and I'm a [47:44] survivor of a live torture [47:45] basement. I was placed in [47:47] special victims unit and I've [47:49] been in relocation programs for [47:51] 25 years. I've been trying to [47:53] join in reports of child [47:56] trafficking and at the san jose [47:58] pd lobby who have been blocking [48:01] me time and time and time again [48:04] internal affairs picked up [48:05] my case and then they did an [48:07] investigation. They found out [48:08] the police officers were found [48:10] guilty >> and disciplined. And [48:14] to this day I still haven't [48:15] been able to enter in my in [48:17] my evidence and withholding [48:20] evidence from the multistate [48:21] investigation naming my abuser [48:24] as I suspect is called [48:27] obstruction of justice and I'm [48:30] receiving violent retaliation. [48:32] >> okay. Thank you. And the [48:35] in-person speaker didn't come [48:36] down so I'm going to go back to [48:37] counsel. That's all. Okay, [48:40] great. I just want to note for [48:42] the record since we have a [48:43] number of people here and I [48:44] heard some applause that item [48:46] two nine which is on consent is [48:48] a very simple and very small [48:50] reimbursement from the county [48:51] of san mateo to our police [48:52] department for services we [48:54] rendered it related to [48:55] intelligence around human [48:56] trafficking and terrorism. It's [48:58] a pretty routine item probably [48:59] doesn't need a lot [48:59] of discussion or debate and the [49:02] other is the ability for the [49:03] city to apply for grant funding [49:05] for some resilience work that [49:07] we'd be doing. Also a very [49:08] modest amount of money. So [49:10] that's why we have a consent [49:11] calendar is to be efficient and [49:13] allow time for the public to [49:14] comment and for us to discuss [49:16] and debate the big policy [49:17] questions that this council [49:19] needs to weigh in on. So don't [49:21] want anyone to think we're [49:21] hiding the ball here. So on the [49:23] consent calendar and the items [49:25] that have been posted since [49:27] last week we had a motion to [49:29] have any further discussion, [49:31] not seen any. So toni, let's [49:32] vote on the consent calendar [49:34] please [49:50] . >> motion passes unanimously [49:54] . Okay. Thank >> you. So we're [49:56] on to the land use consent [49:59] calendar and councilor akc I [50:01] think requested to poll and [50:03] comment on item 10.1 a is that [50:06] >> correct? Hillsborough a case [50:07] to the floor is yours. Thank >> [50:08] you, mayor. Just a couple [50:11] of questions for staff if [50:13] they're available I'll start [50:19] while you guys are coming down. [50:20] so the current pd there's some [50:21] question as to whether or not [50:23] it designates the permanent [50:24] open space for the 565 acres [50:27] and how this conforming [50:29] rezoning would impact that. [50:39] thank you. Councilmember chris [50:40] burton, director of planning [50:40] building code enforcement. We [50:42] brought a whole cast [50:42] of characters to answer your [50:43] questions. So currently there's [50:46] a pd zoning in place. It's an [50:47] older zoning that allowed for [50:50] the specific prior use which [50:51] was the I-beam almaden research [50:53] facility on a portion of this [50:55] site and then the balance [50:58] of that pd zoning preserved [51:00] open space you know in the 500 [51:02] plus acres surrounding it. [51:04] since then obviously we've [51:05] updated the general plan the [51:07] underlying general plan [51:08] designations to be consistent [51:10] with that under the research [51:12] facility we included the ip, [51:15] the industrial park designation [51:17] and so this rezoning would [51:19] preserve both the open spaces, [51:21] open space and then the [51:23] research park as ip or [51:25] industrial park moving forward. [51:27] so we believe it's it's [51:28] consistent with the general [51:30] plan approvals that have [51:31] already taken place and [51:32] consistent with the types [51:33] of uses that we've seen [51:34] historically on this side. >> [51:36] okay. So to be clear, the open [51:38] space, the 565 acres will [51:41] remain permanent open space [51:42] with this. Okay. And then the [51:46] second is as it relates to the [51:47] potential for the industrial [51:49] portion of the 35 acres or so [51:51] to be at some point a data [51:54] center and how this conforming [51:56] rezoning would impact that. >> [52:00] so the conforming rezoning [52:02] would allow uses consistent [52:04] with the industrial park [52:05] designation which include data [52:07] center with the issuance of a [52:08] special use permit. So that's a [52:09] discretionary permit that [52:11] requires full clearance and [52:13] would go to a director's [52:14] hearing with public outreach [52:16] and the opportunity for the [52:18] public to comment. It's then [52:20] appealable to the planning [52:21] commission from that point so [52:23] >> to be clear they would still [52:25] have to apply they would still [52:27] go through a process that would [52:28] include public input and this [52:30] does not rubber stamp that a [52:33] data center being built there. [52:35] that's correct. There is some [52:37] conversations about having [52:39] citywide guidelines as they [52:41] apply to data centers. Would [52:44] this in any way prevent this [52:45] project's the potential data [52:47] center from conforming to those [52:49] guidelines or being involved? [52:51] it would not know so I would [52:53] check with staff but I believe [52:55] we have received an application [52:56] at this point and we don't [52:58] receive so we haven't received [53:00] an application at this point. [53:01] we have received I think a [53:02] prelim and had discussions with [53:04] applicants considering the use [53:06] you know typically a special [53:08] use permit could range anywhere [53:10] from you know, 6 to 9 months [53:12] for a typical process to the [53:13] extent that it involves an [53:15] environmental impact report [53:16] which again a lot of the data [53:18] centers that we're processing [53:19] require a full environmental [53:21] impact report and it would [53:23] likely take considerably [53:24] longer. And so the approval for [53:26] that special use permit would [53:27] likely come after the adoption [53:29] of the city wide standards on [53:30] data centers. Great. Thank you. [53:32] that's it for me, mayor. Thank [53:33] you. Thanks, councilmember. [53:35] appreciate it. Let me turn to [53:36] council for a comment. Thank [53:42] you. On the same item I'm just [53:45] wondering if there are [53:46] objective planning standards [53:48] and why is this coming to us [53:50] now? >> good afternoon munir [53:56] cynthia, deputy director [53:57] of planning. So the conforming [53:59] rezoning is an obligation and [54:01] therefore it's being brought to [54:03] council. We do have design [54:06] standards for projects that [54:08] would come in the future at the [54:09] site but the rezoning only [54:11] allows for consistency between [54:13] the existing zoning on site and [54:15] the general plan designation so [54:17] it expands the kinds of uses [54:18] that could be allowed there [54:19] under the industrial park [54:21] general plan land use [54:22] designation but without an [54:25] application it's hard to say [54:26] what kind of design standards [54:28] would apply. Right. So >> I'm [54:31] just wondering we received [54:32] information from several groups [54:34] that are very concerned about [54:36] this and perhaps it's just a [54:37] matter of understanding what [54:39] this is and what this is not. [54:41] and so they have asked for a [54:43] deferral and since there's no [54:46] urgency to this and there's no [54:48] project to this, would a 30 day [54:51] sort of a sort of hold be a [54:55] problem? Oh yeah. I think it [55:00] might be worth asking the [55:01] applicant I think the applicant [55:02] has put this proposal in to [55:04] identify a clearer path of what [55:06] kind of uses could be allowed [55:07] on that side. So there is a [55:08] project so there is a project [55:11] not at the moment. [55:14] councilmember >> if I can just [55:15] expand on this. So obviously [55:17] ibm have decided to dispose [55:19] of the site. There's been a [55:20] number of conversations that [55:22] have been in play regarding [55:24] this property around the future [55:25] use. So as the need to be on [55:27] your side so the property owner [55:30] ibm who owns the facility is [55:34] looking to dispose of the site [55:35] right? So they're no longer [55:37] continuing their operations. So [55:38] we've had a number of different [55:41] groups that have inquired about [55:42] different types of uses on this [55:45] site. So it's very typical that [55:47] we would see on a project like [55:48] this that the applicant would [55:51] reason the property, you know, [55:52] to make it consistent with the [55:53] general plan and allow the full [55:55] range of uses. As I said [55:57] earlier when it was previously [55:58] adopted it was a very narrow [56:01] pre zoning that you know just [56:02] included research and [56:03] development. So they're looking [56:05] to you know, maximize the [56:06] opportunity through sale of the [56:07] site so they're going to sell [56:09] the property is that they are [56:11] going to sell the property? [56:11] yes, that's my understanding. [56:13] okay. And it would it's >> more [56:14] valuable if the zoning is [56:15] different >> so that I mean I'm [56:18] just wondering like what the [56:20] urgency is to this. Right. And [56:22] so I don't because we've been [56:23] we've >> been asked we've been [56:24] asked to consider deferring [56:27] this to allow for more and you [56:30] know more the groups who are [56:31] concerned about it more [56:32] information. Right. So I'm just [56:34] I'm just sort of weighing you [56:36] know, if there's no urgency [56:37] there are no objective planning [56:38] standards, you know, like [56:40] what's the rush? >> so you [56:43] know, from our perspective [56:44] we're just trying to move [56:45] applications through on a [56:46] timely basis. I think as munir [56:47] stated, I would encourage you [56:49] to ask that question of the [56:50] applicant. >> okay? And I'm [56:53] going to give the applicant [56:53] five minutes as soon as [56:55] council's secondary questions. [56:57] okay? Okay great councilmember [57:00] we'll wait for the applicant. [57:01] yeah. Okay. Any other [57:03] preliminary questions? Okay. So [57:06] as is our practice with land [57:08] use items the applicant will [57:09] have five minutes then we'll [57:11] go to public comment and we'll [57:13] come back we'll come back to [57:14] the council. >> eric [57:49] and [58:03] to toni. Are we just waiting to [58:05] get something up on the screen? [58:06] yes. Okay. There >> we go. [58:13] okay. You'll have five minutes. [58:15] >> all right. Thank you, mayor [58:16] mehan, members of the council. [58:18] my name is eric shay. Now I [58:19] represent the the >> ibm site [58:23] rezoning. First of all, we want [58:25] to thank city staff for all [58:26] their time to get the [58:27] application here. We have two [58:30] parallel goals on this effort. [58:32] one is to preserve the open [58:34] space as it exists today. No [58:36] changes to the open space. [58:38] second, to allow the industrial [58:40] site to be put back into [58:42] economic use in an efficient [58:45] manner >> quickly >> a vacant [58:49] site would be susceptible >> to [58:51] vandalism and homeless starting [58:53] fires in the building which we [58:55] experience all over our city on [58:58] the screen. On the left >> is [59:00] the existing general plan which [59:02] is 565 acres of open space and [59:05] 35 acres of industrial. On the [59:07] right is our proposed zoning [59:09] exactly the same 565 acres [59:12] of open space and 35 acres [59:15] of industrial park. This is [59:17] from the staff report. >> it's [59:21] appropriate to follow the [59:23] adopted general plan of the [59:25] city and the adopted zoning [59:27] code of the city. The image on [59:29] the screen is the san jose [59:30] zoning code. What it says is [59:33] when the general plan [59:34] designation is industrial park [59:36] which the 35 acres is then the [59:38] zoning should be ip on the [59:40] right side of the screen when [59:42] the general plant is open space [59:45] parkland and habitat then the [59:47] zoning should be open space ohs [59:50] zoning on the right side of the [59:51] screen. So all this request is [59:54] is to align the >> zoning with [59:58] the general plan. >> why is [1:00:02] this important? The property [1:00:03] needs to be brought into the [1:00:05] 21st century. This is [1:00:06] specialized zoning for ibm was [1:00:08] adopted back in the 80s and is [1:00:11] very narrow >> just for [1:00:14] research and parking. And this [1:00:16] document looks like this image [1:00:19] is the actual >> general [1:00:21] development plan from the [1:00:22] zoning as you can >> see very [1:00:24] crude, very simple and it [1:00:26] leaves a lot of opportunities [1:00:27] off the table. So here are the [1:00:30] challenges and the protections [1:00:32] to attract investment and [1:00:34] financing. We have to have a [1:00:36] logical and predictable process [1:00:38] with no risks or roadblocks. [1:00:40] the current >> pd zoning is too [1:00:42] limited it just says research [1:00:44] leaving things off the table [1:00:46] and it's uncertain about what [1:00:48] the city would allow under [1:00:49] research and 17 acres [1:00:52] of parking that we probably [1:00:53] don't need anymore sample uses [1:00:56] in the current zoning >> [1:00:58] code that wouldn't be allowed [1:01:00] in >> the in the pd zoning >> [1:01:04] laboratory processing light [1:01:06] manufacturing and assembly [1:01:07] general office r&d office [1:01:09] medical office those >> are all [1:01:12] reasonable things that could be [1:01:13] done on this property but you [1:01:14] can't do it under the current [1:01:15] zoning. It's important to note [1:01:18] that any future >> proposals [1:01:20] that are special use or [1:01:21] conditional use would require [1:01:23] community engagement >> a [1:01:25] sequel review process, city [1:01:27] department review and public [1:01:29] hearing any >> future sequel [1:01:32] appeals on any of these future [1:01:34] decisions are appealable to the [1:01:35] city council. So in the end [1:01:37] of the day the city council is [1:01:38] in control and you have final [1:01:40] say what happens on the [1:01:41] property >> as far as zoning [1:01:44] and general plan only the city [1:01:46] council can ever change the [1:01:48] zoning in the general plan. So [1:01:49] if the zoning >> is open space [1:01:53] it remains open space until the [1:01:55] city council says otherwise. So [1:01:58] today the council can >> make a [1:02:01] clear statement by approving [1:02:02] this zoning that you want to [1:02:04] keep the 565 acres as open [1:02:07] space and >> you want >> the [1:02:10] industrial park area to be [1:02:12] successful by allowing it to [1:02:14] have modern zoning standards [1:02:18] that the modern world will [1:02:19] invest in. That's the urgency [1:02:22] is we're trying to attract [1:02:24] investment and financing so [1:02:26] that this property can be [1:02:28] repurposed since it's an old [1:02:30] property it can take a lot [1:02:31] of investment, a lot of work. [1:02:33] so that's the urgency so that [1:02:34] we can move the project and not [1:02:36] have an empty building out in [1:02:37] the open space that catches [1:02:39] fire and endangers the open [1:02:41] space and the city and the [1:02:42] neighborhood. With that I'm [1:02:44] available for any questions and [1:02:46] I've been involved with this [1:02:47] site for decades. I was council [1:02:49] member >> dan doe's chief [1:02:50] of staff when the housing [1:02:52] proposal came forward in 98 and [1:02:54] 99 and so I know all about the [1:02:57] promise of open space and what [1:02:59] that all means. I'm happy to [1:03:00] give you that perspective if [1:03:01] you'd like. Thank you. Okay. [1:03:04] thank you. So for the applicant [1:03:07] I suggest we go to public [1:03:09] comment and come back for [1:03:10] council discussion in a motion [1:03:11] if that's if that's okay. Toni, [1:03:13] do you have comment cards on [1:03:14] this item? Yes, I have several. [1:03:17] let me read as a reminder [1:03:19] speakers must comply with the [1:03:20] city's code of conduct for [1:03:22] public meetings. Please direct [1:03:23] comments to the body limit [1:03:24] remarks to the agenda item and [1:03:26] observe the time limit conduct [1:03:27] that materially disrupts the [1:03:29] meeting or interferes with [1:03:30] others ability to participate [1:03:31] may result in meeting or [1:03:32] removal as authorized by law. [1:03:35] if you're participating by [1:03:36] telephone press star nine to [1:03:37] raise your hand. Additionally [1:03:39] we have about 30 speakers for [1:03:42] this item so we're asking that [1:03:45] instead of applause that you [1:03:46] show your support visually such [1:03:48] as jazz hands or thumbs up. So [1:03:50] that the speakers further down [1:03:51] the line don't have to wait [1:03:52] extra time for toni. Let [1:03:55] me emphasize that point. We [1:03:56] have a lot of folks here today [1:03:58] and particularly on the [1:03:58] following item we're going to [1:03:59] have a lot of strong emotions [1:04:01] for and against and it's going [1:04:02] to be a robust discussion in [1:04:04] the interest of respecting [1:04:06] everyone's first amendment [1:04:07] rights, allowing us to get to [1:04:09] that item and actually get out [1:04:10] of here before midnight and [1:04:11] have an efficient meeting. We [1:04:13] always ask folks to not cheer [1:04:16] or boo or just if you really [1:04:18] want to show your support you [1:04:20] can do this or whatever it is [1:04:22] you want to do but we want to [1:04:23] get through the meeting and not [1:04:24] keep you here all day. But we [1:04:25] do want to hear from you and we [1:04:27] don't want anyone to feel [1:04:28] pressured or intimidated. So [1:04:29] please note sharing or booing [1:04:31] let's let toni do her job and [1:04:32] let's get through public [1:04:33] comment. Go ahead, toni. Okay, [1:04:35] I'm >> going to call about five [1:04:36] names when you hear your name [1:04:37] go ahead and come on down. [1:04:38] first person to the microphone. [1:04:39] go ahead and speak. You do not [1:04:41] have to speak in the order that [1:04:42] you're called. Evan brooks [1:04:45] jessica larry ames, john come [1:04:52] on. If your name is hurt, if [1:04:54] you heard your name, go ahead [1:04:55] and line up over here. First [1:04:56] person in the microphone john [1:04:58] leavitt and cindy h. >> evan [1:05:04] brooks, adjoining property [1:05:05] owner. I want to address one [1:05:07] claim that the existing zoning [1:05:09] and the proposed zoning protect [1:05:10] this open space equally they do [1:05:12] not. Under the current pd [1:05:14] zoning ibm's own application [1:05:16] allocates 569 acres exclusively [1:05:19] to open space adding any other [1:05:21] use means amending the pd a [1:05:23] noticed hearing and a vote [1:05:24] of this council after the [1:05:26] rezoning the governing list [1:05:27] becomes the zoning codes [1:05:29] citywide use >> table for the [1:05:31] district grading and earth [1:05:33] removal mineral extraction and [1:05:35] quarrying golf courses and [1:05:37] shooting ranges are conditional [1:05:38] uses. They're requiring only a [1:05:40] use permit from the planning [1:05:41] commission and it reaches you [1:05:44] only if someone appeals and [1:05:45] only a property owner within [1:05:47] 1000ft can appeal. Now that's [1:05:49] roughly 200 addresses and in [1:05:51] 1999 alone 1250 residents [1:05:54] signed petitions about this [1:05:55] land. So today changing the use [1:05:57] of this hillside takes a vote [1:05:59] of this body. Tomorrow it takes [1:06:01] a use permit. This is not [1:06:02] equivalent. Please don't [1:06:04] approve this without a recorded [1:06:05] is >> that your time next [1:06:07] speaker I'm dan from d10. Come [1:06:09] on down and >> eric you're eric [1:06:11] or he spoke and monie >> I'm [1:06:15] jessica and I wrote all of you [1:06:17] asking that this rezoning [1:06:19] request be paused what is being [1:06:21] presented as a simple [1:06:22] conforming rezoning is more [1:06:24] nuanced and has many impacts [1:06:26] both to the open space and to [1:06:28] the industrial portions. In [1:06:30] december 1999 our city council [1:06:32] approved a motion to find a way [1:06:34] to protect ibm's open space in [1:06:36] perpetuity. Sadly that prior [1:06:39] counsel failed >> to complete [1:06:40] what it started but you must do [1:06:42] better in 2026. Do not make the [1:06:45] mistake of equating open space [1:06:47] zoning with permanent [1:06:49] protection. The word permanent [1:06:51] >> means nothing if the open [1:06:53] space is not legally tied to a [1:06:55] conservation easement, a land [1:06:57] trust or other binding [1:06:58] protection with no immediate [1:07:00] development proposal pending [1:07:02] you have the time to secure the [1:07:04] open space permanently for [1:07:05] future >> generations. Pause [1:07:07] the request now so that the [1:07:09] environmental, legal and land [1:07:11] use issues at stake get the [1:07:13] proper attention by city [1:07:14] leadership and the public. [1:07:18] thank you. Next speaker >> lena [1:07:20] come on down and america, your [1:07:25] letter >> your mike there you [1:07:27] go. This is on now. Okay. Larry [1:07:30] ames, I'm just here to make [1:07:31] sure that you consider this [1:07:32] property some I want to see the [1:07:35] open space preserved and if [1:07:36] it's just sound this way you [1:07:38] can change at any given [1:07:39] tuesday. So I want to see you [1:07:40] have an easement for >> it also [1:07:43] the development has to be in a [1:07:45] certain place. You don't want [1:07:47] to shift around any place up [1:07:48] there. It's right now it's [1:07:49] sheltered in a dip in the top [1:07:51] of mountains so it's hidden [1:07:53] from the surrounding areas so I [1:07:54] don't want it built anyplace [1:07:56] else other than there. I just [1:07:57] want to see you consider [1:07:58] listing property. You do not [1:07:59] want to be rushed through >> [1:08:00] here. Thank you. Thank you. [1:08:04] next >> speaker now go ahead. [1:08:21] I'm >> a resident of district [1:08:23] ten in almaden. I strongly [1:08:26] opposed the rezoning of the [1:08:27] property at its six 650 harry [1:08:30] road rezoning more than 600 [1:08:32] acres of open space ibm land [1:08:35] break the city council's [1:08:37] original amendment commitment [1:08:39] to keep this land as a [1:08:40] permanent open space and [1:08:42] disregards >> the clear [1:08:44] opposition of the almaden [1:08:45] community. Although no formal [1:08:47] easement currently exists, the [1:08:49] responsible step is to defer [1:08:52] any decision until council [1:08:54] finalize the 1999 motion [1:08:56] protecting this land in [1:08:58] perpetuity with the same [1:09:00] concern applied to the 35 acre [1:09:02] proposed for industrial park [1:09:04] use. I'd respectfully ask that [1:09:07] this item be removed from the [1:09:08] consent calendar so the public [1:09:10] can foley participate. Please [1:09:12] read postpone action until the [1:09:15] permanent open space [1:09:16] protections the data center and [1:09:18] large energy project [1:09:20] regulations are complete by [1:09:22] this this you got your time [1:09:25] help helen >> brock come on [1:09:26] down and carol peacefully dear [1:09:35] leaders I am dan from d-10 [1:09:38] please vote no to the proposed [1:09:39] rezoning of 650 harry road [1:09:42] san jose urgently needs to set [1:09:44] some standards to protect [1:09:45] residents from water and power [1:09:46] supply problems before we [1:09:48] continue permitting large data [1:09:49] centers or other redevelopment [1:09:51] to harry road where allowed >> [1:09:53] large data centers are driving [1:09:54] up regional power prices [1:09:56] hurting residents out competing [1:09:58] us for water to lake tahoe [1:09:59] region residents receive 13 [1:10:01] months notice that their power [1:10:02] wholesaler will cut them off [1:10:04] because of a new data center [1:10:05] customer data center owners [1:10:07] must own their additional [1:10:08] generating capacity not buy it [1:10:10] on the market so residents will [1:10:12] pay for new supply and don't [1:10:13] pay for stranded generators [1:10:15] when the data centers shut down [1:10:17] water is critically short [1:10:19] supply so only closed loop [1:10:20] water circuits should ever be [1:10:22] approved. Okay, let's not have [1:10:24] a toxic release like erin [1:10:25] brockovich story. Okay. [1:10:28] san jose needs an emergency [1:10:29] project to define mitigation [1:10:31] for data centers over a [1:10:32] megawatt and should not rezone [1:10:34] to accommodate them until these [1:10:36] are in place. Thank you. Next [1:10:39] speaker. Josephine come on down [1:10:42] and then I have an anonymous [1:10:44] card. Please do not vote. Okay [1:10:50] or pass on this particular [1:10:52] item. I have no confidence in [1:10:55] the management nor the former [1:10:57] >> city council member who is [1:10:58] now a lobbyist for a real [1:11:00] estate shark that is on this [1:11:02] agenda an item such as this [1:11:05] zone change should not have [1:11:07] been I agenda raised under a [1:11:09] consent agenda which is [1:11:10] designed to escape public [1:11:13] scrutiny. Wealthy real estate [1:11:15] sharks deliberately bribe and [1:11:17] manipulate city government to [1:11:18] make american >> corporate fail [1:11:20] like stand most chevron [1:11:22] headquarters disclosure I'm not [1:11:25] suicidal and I drive safely all [1:11:27] the time. >> good afternoon [1:11:35] mayor and council members lena [1:11:37] drape with the santa clara [1:11:38] valley open space authority. We [1:11:39] are very grateful >> for [1:11:41] councilmember casey pulling [1:11:42] this item and for [1:11:43] councilmember kim for asking [1:11:44] several questions at the open [1:11:45] space authority and community [1:11:46] members have shared and [1:11:47] expressed our priority is >> [1:11:50] for request is for this item to [1:11:52] be deferred to allow critical [1:11:53] questions to be answered first. [1:11:55] first, we asked the city to [1:11:57] address the permanent [1:11:58] protection of the 565 acre [1:12:00] portion of open space on this [1:12:01] property that your council in [1:12:03] 1999 directed staff to [1:12:05] permanently protect as a part [1:12:06] of mitigation for the ibm [1:12:07] development. While we [1:12:09] appreciate the confirmation [1:12:10] just previously provided from [1:12:11] staff open space zoning does [1:12:13] not equate to permanent [1:12:15] protection additional action is [1:12:17] needed such as through a [1:12:18] conservation easement. Second, [1:12:20] we understand that the city [1:12:21] needs to address general plan [1:12:22] inconsistencies. But as [1:12:23] previously alluded to there is [1:12:25] no reason that a rezoning for [1:12:26] this site must occur before a [1:12:28] project application as put [1:12:29] forward. Besides increasing the [1:12:31] perceived developable value for [1:12:32] resale preemptively rezoning >> [1:12:35] the site to enable. Thank >> [1:12:37] you that your time. I'd also [1:12:40] like to call sandy down it >> [1:12:46] please take the ibm property [1:12:48] off of the consent calendar. [1:12:50] there's discussion of data [1:12:51] center and as we all know or [1:12:53] have been informed data centers [1:12:54] use >> a lot of water and [1:12:56] electricity until san jose has [1:12:59] the opportunity to put [1:13:00] guidelines in place to protect [1:13:03] the public from misuse of that. [1:13:05] I'd like to see this put on [1:13:07] taken off the consent calendar [1:13:09] so that we can discuss it as [1:13:10] well as quite frankly the open [1:13:12] space. We have a critical sorry [1:13:14] everybody >> problem with [1:13:16] housing. So before we make >> a [1:13:18] general decision to block that [1:13:20] property off and put in a dated [1:13:22] for for open space and put in a [1:13:24] data center, let's >> have a [1:13:25] discussion about it all. [1:13:27] anyway, thank you. Thank you. [1:13:31] next >> speaker, I thank you [1:13:33] for your time. I'm looking [1:13:35] at this like it's not changing [1:13:39] the building >> structure and [1:13:40] we need housing and we need [1:13:41] jobs and different >> things [1:13:42] where it's not going to congest [1:13:43] the neighborhood or bring [1:13:44] pollutants or harmful things to [1:13:47] the community to consider maybe [1:13:49] having more housing. 51% of my [1:13:51] taxes go to property taxes [1:13:55] go >> to education. I don't [1:13:57] have a problem with that. If we [1:13:58] can approval what the children [1:14:00] are being taught I don't want [1:14:02] children being sexualized and [1:14:03] getting pregnant. I've been a [1:14:04] foster parent. I've had rehabs, [1:14:07] I've had different things. So [1:14:08] if we can upgrade the community [1:14:09] , not build big things in [1:14:11] people's backyard, the lady was [1:14:13] saying that someone who's not [1:14:14] even a national proposed a 750 [1:14:16] bed right next to >> her. I [1:14:18] mean think what you want to [1:14:19] live where people are and [1:14:21] there's no >> set backs. We [1:14:22] have to be practical that's [1:14:23] going to congested [1:14:24] neighborhood. There's enough [1:14:25] open land >> that we can [1:14:27] consider it but if we can [1:14:28] utilize this property that's [1:14:29] been sitting >> there and [1:14:30] rotting for how long? I used to [1:14:32] work at ibm. >> thank you. That [1:14:35] your time? Next speaker good >> [1:14:42] afternoon. My name is marni. [1:14:44] I'm an attorney and a san jose [1:14:46] resident. My work is [1:14:48] constitutional and antitrust [1:14:50] litigation which means I read [1:14:52] regulations for a living and [1:14:54] tell a court whether it sweeps [1:14:55] too far or too little. I've [1:14:57] read the city's proposed [1:15:00] framework >> and I fear it's [1:15:03] one that should concern this [1:15:04] council and your constituents. [1:15:07] two gaps stand out. First, [1:15:09] there's no enforcement [1:15:10] backbone. If a data center [1:15:12] violates its terms pollutes [1:15:13] water exceeds noise limits [1:15:15] there's no clear review process [1:15:17] and no real consequence. [1:15:19] second, there's no aftercare [1:15:21] provision. Nothing addresses [1:15:24] what happens when an operator [1:15:25] simply decides to up and leave. [1:15:29] so my question to this city [1:15:30] council is what regulatory [1:15:33] story do you >> want to tell? [1:15:35] thank you. >> thank you. Next [1:15:37] speaker. Yeah. This city has [1:15:43] lobbied sacramento for speed [1:15:45] cameras, red light cameras, [1:15:47] road diets, flock cameras and [1:15:49] everything else. What >> you [1:15:50] need to lobby sacramento for is [1:15:53] a better utility grid. Pagani [1:15:56] doesn't have it. Everybody [1:15:58] knows it. If you think that [1:15:59] you're >> going to run a data [1:16:01] center here. I got it. I [1:16:03] got a bridge to sell you. It's [1:16:04] not >> going to work. I saw a [1:16:06] smile from the mayor there. And [1:16:08] yeah, I mean you don't have you [1:16:09] can't even turn a fan on when [1:16:11] it gets hot and your power goes [1:16:12] out. Do you really think you're [1:16:14] going to build this? I mean >> [1:16:15] it sounds great. I mean imagine [1:16:18] the water bill they're going to [1:16:19] get. Anybody got their water [1:16:21] bill >> lately with $150 [1:16:23] surcharge? Can't imagine what [1:16:25] it would be like for a data [1:16:26] center. Oh yeah. They're going [1:16:27] to recycle the water. Sure they [1:16:29] are. Right. It's not >> going [1:16:30] to work. You know what? Maybe [1:16:32] turn this place into a data [1:16:33] center? I don't know. But [1:16:35] anyway, everybody vote no on [1:16:37] new data centers until you have [1:16:39] proper >> electro proper [1:16:41] electrical grid. It's >> just [1:16:43] that simple. That's your time. [1:16:45] next speaker I've called all [1:16:47] of the in-person cards that I [1:16:49] received for this item. If you [1:16:50] did not hear your name please [1:16:51] line up. I'm going to move on [1:16:53] to the virtual commenters next. [1:16:55] go >> ahead. Hello, my name is [1:16:57] sandy and I'm a long term [1:16:59] resident of almaden valley. [1:17:01] first I want to thank council [1:17:03] member casey for hearing the [1:17:05] voices of your constituents and [1:17:08] removing the proposed rezoning [1:17:09] of 650 harry from the consent [1:17:12] calendar and allowing for some [1:17:15] public >> discussion. However I [1:17:18] want >> everyone to know that I [1:17:20] am still very concerned >> that [1:17:24] we may be making a decision [1:17:26] today. I would like to thank I [1:17:30] think it was councilmember may [1:17:32] >> for asking some astute [1:17:34] questions. Thank you. But the [1:17:37] issue is one of many that many [1:17:42] or a significant number [1:17:44] of aluminum valley residents [1:17:46] are still not aware of this [1:17:48] rezoning or even this meeting [1:17:50] today. I >> am one of less than [1:17:54] 100 people >> who received the [1:17:56] postcard at the >> start [1:18:01] of good time. I'm steve. Come [1:18:03] on down [1:18:14] . >> my name is steve martin. I [1:18:19] am a geothermal developer. I'm [1:18:21] manoora educated redneck with a [1:18:24] couple of bachelors from [1:18:25] stanford and I developed [1:18:28] geothermal power the last year [1:18:31] thermal plant I developed in [1:18:32] nevada is supplying power to [1:18:34] sacramento. The reason I bring [1:18:36] this up today is that this [1:18:39] rezoning issue deals with [1:18:42] carbon because we don't know [1:18:43] who the bidder or the contract [1:18:47] party is. We're not sure what's [1:18:49] going to happen in terms of the [1:18:51] power source for the data [1:18:52] center that they intend to put [1:18:54] in there. We want to know if we [1:18:56] can here today who the bidder [1:18:59] will be and I have provided for [1:19:02] the council's view some things [1:19:06] that would happen if there were [1:19:08] a new bidder that had a very [1:19:11] progressive program to offer. [1:19:13] so I've listed the kinds [1:19:15] of things that we would propose [1:19:16] to do out there which would add [1:19:20] thank >> you that your time [1:19:21] next speaker I'm sorry that [1:19:24] your time. Hello, my >> name is [1:19:33] jasmine jordan. I would like to [1:19:34] remind this council and the [1:19:36] mayor of their responsibility [1:19:37] to their constituents and not [1:19:39] to corporate spokespeople like [1:19:40] eric shen over of ibm during [1:19:43] his five minutes of speaking he [1:19:46] focused on the point that the [1:19:48] acreage of the ibm industrial [1:19:50] park will remain the same. But [1:19:53] that does not mean that the [1:19:54] energy usage of the proposed [1:19:57] whatever it is will stay the [1:19:58] same. He wants to speed up [1:20:01] rezoning for some project but [1:20:03] he did not specify what and he [1:20:05] wants it to pass before [1:20:06] regulations. I would like to [1:20:08] urge this council to put a [1:20:11] pause on this rezoning until [1:20:13] after regulations are passed. [1:20:15] he mentioned bringing into [1:20:17] modern times and tax revenue [1:20:19] investment we can also generate [1:20:21] tax revenue from increasing a [1:20:23] corporate tax and on [1:20:25] billionaires. Yeah that's it. [1:20:27] thank you. Thank you, mr. [1:20:30] speaker. When I go to public [1:20:31] comment brian it will be [1:20:33] followed by alice. So brian [1:20:36] at home be prepared. Go ahead. [1:20:39] hello. >> there has been a lot [1:20:41] of secrecy around the [1:20:43] development of the data centers [1:20:44] over the past several months if [1:20:46] not years. At first it was. Are [1:20:49] there any applicants? No, there [1:20:51] aren't any applicants. But [1:20:52] here's the applicant. He's [1:20:53] going to speak for five [1:20:54] minutes. Clearly data centers [1:20:56] are being discussed and [1:20:58] developed outside of public [1:21:00] meetings and private [1:21:01] conversations without public [1:21:03] input. Rezoning is already [1:21:04] being moved to the table [1:21:05] without any applicants without [1:21:08] any applications. The public [1:21:10] needs to have not just input. [1:21:13] they need to have decision on [1:21:14] whether data centers are built [1:21:15] in >> their communities. Just [1:21:17] >> saying oh we're going to [1:21:18] have a public input that can [1:21:20] mean a lot of things. I've been [1:21:21] part of public input sessions. [1:21:23] they're very small. They don't [1:21:25] do a lot and it's not [1:21:27] guaranteed that public input [1:21:28] will be taken into account. So [1:21:30] please hold off on rezoning [1:21:32] this. Thank you. >> thank you, [1:21:37] brian. First of all, if you use [1:21:44] a cell phone or you youtube or [1:21:45] anything else or stuff like [1:21:47] this if you're using a data [1:21:49] center. So we eventually have [1:21:51] to find a way to I agree it [1:21:53] shouldn't have been put on the [1:21:54] consent calendar. Thank you for [1:21:55] pulling that off you. When I [1:21:58] saw that it was being pulled [1:21:59] off and the consent calendar I [1:22:01] almost fell out of my chair [1:22:02] here because usually I don't [1:22:04] think people read the letters [1:22:06] and that's something I wish I I [1:22:09] don't know. Toni has a hard job [1:22:10] so I appreciate what you're [1:22:11] trying to do. My email said [1:22:14] that and everybody else that [1:22:14] far better than I did. Thank [1:22:16] you >> alice followed by alec I [1:22:26] good afternoon may or may [1:22:27] hammond council members this is [1:22:29] alice kaufman for green [1:22:30] foothills and I want to bring [1:22:32] your attention to an issue that [1:22:34] has not been mentioned yet and [1:22:36] we mentioned it in a letter [1:22:37] that we submitted but with all [1:22:38] the public comment you may not [1:22:39] have seen it. So there is a new [1:22:41] state law sb 131 which creates [1:22:44] a total exemption from sequel [1:22:46] for advanced manufacturing [1:22:48] facilities but only if they are [1:22:50] located on industrially zoned [1:22:51] parcels. So under the current [1:22:53] pd zoning this total exemption [1:22:56] does not apply but once it's [1:22:57] rezone to industrial park it [1:22:59] would apply and this advanced [1:23:01] manufacturing facility [1:23:03] exemption is an extremely broad [1:23:04] and vague category of uses. It [1:23:06] includes metal recycling, [1:23:08] semiconductor manufacturing, [1:23:09] lithium battery manufacturing, [1:23:11] aerospace and defense [1:23:13] manufacturing and more. So this [1:23:15] is why we're asking for this [1:23:16] item to move forward. We really [1:23:18] want to work with staff to [1:23:20] figure out a way to make sure [1:23:21] that square will continue to [1:23:23] apply to a project as was [1:23:25] stated previously that it would [1:23:26] apply. Thank you >> alec [1:23:29] followed by dashiell. >> hello. [1:23:35] I support permanently [1:23:36] protecting the open space [1:23:38] surrounding the former ibm site [1:23:39] but that is not all that this [1:23:41] rezoning would do. While [1:23:42] approximately 565 acres would [1:23:45] receive the open space zoning, [1:23:46] another 35 acres would receive [1:23:48] broader industrial park zoning [1:23:50] which could open the door to [1:23:52] manufacturing advanced [1:23:53] manufacturing or even a data [1:23:54] center with a special use [1:23:56] permit. At the same time the [1:23:58] city would eliminate more than [1:23:59] 40 years of site specific plans [1:24:01] development controls without [1:24:03] telling the public exactly what [1:24:04] protections would be lost. We [1:24:06] also do not know whether the [1:24:07] city ever fulfilled its [1:24:09] commitment to secure permanent [1:24:10] legal protection from the [1:24:11] surrounding open space, open [1:24:13] space zoning alone is not [1:24:15] permanent. There's no [1:24:16] development application [1:24:17] pending. There's no [1:24:17] demonstrated urgency and once [1:24:19] these protections are removed [1:24:20] recovering them is difficult. [1:24:22] please remove this item from [1:24:24] the consents and delay rezoning [1:24:25] until the existing protections [1:24:27] environmental consequences [1:24:28] access road restrictions and [1:24:30] permanent preservation of the [1:24:31] open space are foley addressed. [1:24:33] thank you. From an olive [1:24:34] garden resident >> dashiell [1:24:37] followed by linda hutchins. >> [1:24:40] hello, my name is daniel leeds. [1:24:42] I'm a stint as a resident and [1:24:43] the conservation coordinator [1:24:44] for the sierra club loma prieta [1:24:46] chapter. We ask you >> to defer [1:24:48] rezoning this property as many [1:24:50] community members have already [1:24:51] told you. We're concerned that [1:24:52] rezoning this land to [1:24:53] industrial park could lead to [1:24:54] data centers and other harmful [1:24:56] industrial uses to be built in [1:24:58] this really sensitive area. The [1:25:00] city and our communities [1:25:01] deserve full disclosure and [1:25:02] consideration of the legal, [1:25:03] environmental and land use [1:25:05] consequences of this rezoning. [1:25:06] more community engagement and [1:25:08] disclosure is needed at a [1:25:09] minimum and you know the city [1:25:11] really needs to put its foot [1:25:13] forward and disclose its behind [1:25:15] the scenes work that it's doing [1:25:17] on data centers and other [1:25:18] industrial projects because we [1:25:20] know that there's a lot [1:25:20] happening >> that you just [1:25:22] simply aren't telling us until [1:25:23] it's too late. So the city [1:25:25] needs to do a better job [1:25:26] of disclosing that internal [1:25:27] work that it's engaging in >> [1:25:28] every week. Thank you. >> [1:25:34] darina followed by alice. >> [1:25:38] hi. This >> is serena. I'm a [1:25:42] san jose resident. I'm from [1:25:43] district six but I wanted to [1:25:47] come and just say I'm I'm in [1:25:50] support of open space and [1:25:52] protecting habitat and [1:25:53] especially this area is a very [1:25:55] botanically interesting area [1:25:58] because go and experience the [1:25:59] land. I mean if you if you're [1:26:01] standing out there and open and [1:26:02] you can see the poppies on this [1:26:04] hillside, it's incredible. And [1:26:06] I'm concerned about industrial [1:26:08] development in this area and [1:26:11] specifically datacenters and [1:26:13] how is that going to impact the [1:26:15] habitat and just echoing what [1:26:18] we're ours was saying about [1:26:20] ceca and you know these [1:26:22] loopholes that people are [1:26:23] trying to get through so please [1:26:25] protect open space and defer [1:26:28] the rezoning. Thank you alice [1:26:35] >> followed by dave. >> hello. [1:26:41] can you hear me? Yes. Okay. I'm [1:26:44] highly skeptical. The claim [1:26:46] made by the proponent of this [1:26:47] rezoning that school will be [1:26:49] applied when a specific project [1:26:52] is considered. No doubt [1:26:54] developers will take advantage [1:26:56] of the new school loophole in [1:26:58] the new school exemption that [1:26:59] was opened by sb 131 for the [1:27:03] very poorly defined category [1:27:05] advanced manufacturing to build [1:27:07] without any sequel review. The [1:27:10] council should remove this item [1:27:12] from the consent calendar. This [1:27:14] has received only the most [1:27:16] cursory consideration and do [1:27:18] not make a rezoning definition [1:27:20] decision until thorough study [1:27:22] and solicitation of community [1:27:25] community input has been done. [1:27:29] thank you dave followed by [1:27:34] linda. >> dave, are you there? [1:27:50] okay, I'm going to go to linda. [1:27:55] good afternoon. Council this is [1:27:57] linda hutchins and with mothers [1:27:58] out front silicon valley we ask [1:28:01] you not to defer the decision [1:28:02] on rezoning. Thank you to [1:28:04] councilmember casey for pulling [1:28:05] this item and the council her [1:28:06] committee for inquiring about [1:28:07] deferring the rezoning. This is [1:28:09] too consequential a decision to [1:28:11] rush. It's essential that you [1:28:13] at first apparently protect the [1:28:14] open space since open space [1:28:15] zoning is not permanent. Don't [1:28:17] be fooled by reassurances that [1:28:19] it's not really a zoning [1:28:20] change. Research in parking is [1:28:22] much less impactful on habitat [1:28:23] than other industrial uses. I [1:28:25] want to echo alice kaufman's [1:28:27] concern about sb 131 the state [1:28:30] law that exempts all quote [1:28:32] advanced manufacturing [1:28:34] facilities from sequa. This is [1:28:37] opening the pandora's box. [1:28:38] don't let that happen. There's [1:28:40] no rush. Take your time to [1:28:41] totally understand the impacts [1:28:43] of your decisions. I want to [1:28:45] conclude with some comments [1:28:46] that you know from open space [1:28:48] stories don't have time to [1:28:49] finish and her comment [1:28:50] basically me because the [1:28:52] current zoning is consistent [1:28:53] with the general plan and that [1:28:55] it allows us the uses with the [1:28:57] designation seek review as [1:28:59] necessary for you to even [1:29:00] change the zoning of the [1:29:01] status. >> sherry followed by [1:29:05] blair [1:29:15] as you heard me. Yes. Hi, this [1:29:18] is nick limehouse with the [1:29:20] santa clarita valley bird [1:29:22] alliance. We sent you a joint [1:29:25] letter with expressed several [1:29:26] concerns and we're remain [1:29:28] concerned. I would like to [1:29:30] reiterate and emphasize the [1:29:32] comments made here regarding [1:29:33] the impacts of sb 131. This law [1:29:37] exemptions and advancement [1:29:39] factoring projects that are [1:29:40] proposed on industrial lease on [1:29:42] land from secure and this is [1:29:44] very consequential for the [1:29:45] community. Both the [1:29:47] environmental community but [1:29:49] also all the residents and all [1:29:50] the wildlife and open space in [1:29:52] that area. I would like to [1:29:54] point out that the general plan [1:29:56] specifically allows pd zoning [1:29:59] to continue or to be on places [1:30:01] that have unusual [1:30:02] characteristics and the ibm [1:30:05] campus does have unusual [1:30:07] character. This has been is why [1:30:10] so many people are here even [1:30:11] though this was supposed to be [1:30:13] a consent item. So robust [1:30:16] community outreach is needed. [1:30:20] there followed by sue >> hi [1:30:23] where beekman. I hope I don't [1:30:25] step on anyone's toes to try to [1:30:27] address kind of the mechanics [1:30:29] of this item. The planning [1:30:31] director seems to be saying [1:30:32] that you guys need to have a >> [1:30:35] a review process, a permit [1:30:39] process in order for an open [1:30:41] democratic process to take [1:30:42] place where council person [1:30:44] command other council persons [1:30:45] may feel that this needs a bit [1:30:47] more discussion and time and we [1:30:49] can't and it can't be right. So [1:30:51] a real good luck that I'm on [1:30:52] the side of this item sort [1:30:54] of item not be rushed and we [1:30:55] work towards an open public [1:30:57] meeting process to really [1:30:58] decide the future of digital [1:31:00] centers for ourselves. The [1:31:02] zoning questions of this item I [1:31:04] suppose kind of like the flea [1:31:05] market item where we have a [1:31:06] community process to help build [1:31:08] what can be the future of this [1:31:10] area and not go straight to the [1:31:12] permit process in order to [1:31:13] solve the issue. Thank you >> [1:31:17] sue followed by roland. Hi. I [1:31:23] lived within half a mile of the [1:31:25] entrance to this property for [1:31:27] over 30 years. I'd like to [1:31:29] point out that if the rezoning [1:31:31] request for ibm is granted [1:31:33] today the data center [1:31:35] application can then be quickly [1:31:37] submitted before new rules are [1:31:39] announced which will exempt the [1:31:41] data center from the regulatory [1:31:43] oversight. The city is [1:31:44] currently formalizing. Please [1:31:47] delay defer consideration [1:31:51] of this rezoning request until [1:31:53] after new data center rules [1:31:55] have been completed and are in [1:31:57] force. For development on this [1:31:59] property really needs to be [1:32:00] done with full disclosure [1:32:02] community input and clear [1:32:04] rules. This is an inappropriate [1:32:07] forum for the magnitude [1:32:09] of issues that this land use [1:32:11] and its history represent to [1:32:12] the public and to the city. [1:32:15] please defer this decision. [1:32:18] this needs to be made with [1:32:19] careful consideration and input [1:32:21] from almaden valley residents. [1:32:24] roland >> followed by connie. [1:32:28] good afternoon >> mayor and [1:32:29] council. My name is roland. I [1:32:31] live in santa teresa one mile [1:32:33] from bernal road. I actually [1:32:36] support the applicants request [1:32:38] but I also support everybody [1:32:40] else's request for hearing this [1:32:43] at a later date. I used to work [1:32:46] for ibm. This research center [1:32:51] was used as an r&d and [1:32:53] laboratory for the last 40 [1:32:55] years. It is supported by a [1:32:57] massive data center from day [1:32:59] one but nobody outside ibm [1:33:02] knows about it because the data [1:33:03] center is actually inside the [1:33:05] building. Now with regards to [1:33:08] cooling, these data centers [1:33:10] were so powerful that 40 years [1:33:12] ago ibm used them at night to [1:33:15] burn in thermal conduction [1:33:17] module because they were the [1:33:18] first computers that used water [1:33:20] for cooling. Last thing I would [1:33:22] like a little row to be [1:33:24] reopened so that we can drive [1:33:26] from santa teresa to almaden [1:33:27] valley. Thank >> you connie. [1:33:32] followed by jessica. Hello, [1:33:37] my name is connie. Good [1:33:38] morning, mayor and council [1:33:39] members. I urge council to [1:33:41] defer the rezoning of the [1:33:43] former ibm almaden research [1:33:45] center and I ask for extensive [1:33:48] community outreach. It is clear [1:33:50] that many development groups [1:33:52] have been discussing ibm's [1:33:54] sale. Therefore it is critical [1:33:56] to allow community input as [1:33:58] well and to take the steps to [1:34:01] permanently protect the area. [1:34:03] as it was originally planned, [1:34:05] many people have spoken on this [1:34:07] and have left you with enough [1:34:09] information to realize that you [1:34:12] really need to stop and think [1:34:14] before you make a decision on [1:34:17] this. Thank you, jessica. [1:34:22] followed by dr. Carla jessica [1:34:30] martinez. >> hello? Can you [1:34:32] hear me? Yes, hi. This just I'm [1:34:35] here to ask for this to be [1:34:37] postponed after hearing the [1:34:38] gentleman from ibm speak. [1:34:40] speak. It is more clear to slow [1:34:43] this process down and there is [1:34:44] no need to rush. We have [1:34:46] already seen what is happening [1:34:48] to our city by the sale of the [1:34:50] land of great america. Just [1:34:52] like that land with the what do [1:34:55] you call it the proposal the [1:34:57] person that bought it most [1:34:58] likely will turn that into a [1:35:00] data center or warehouses. We [1:35:02] don't need to sell this land [1:35:04] and give up what beauty we [1:35:06] have. Thank you, dr. Carlo [1:35:11] followed by correct. >> >> [1:35:17] hello? Can you hear me? Yes. [1:35:20] okay. Yes. So I am a something [1:35:23] , isn't it? And I'm definitely [1:35:25] opposed to the data centers and [1:35:28] pushing this through now we [1:35:29] already know just looking [1:35:31] at the news in different cities [1:35:33] that are currently have data [1:35:35] centers that they are posing [1:35:38] air pollution issues, energy [1:35:39] consumption emission issues, [1:35:41] water consumption issues, [1:35:43] public health issues. So we [1:35:45] don't need to make any rash [1:35:46] decisions we need to everyone [1:35:48] have a say and what why not [1:35:52] just use keep the land as it is [1:35:56] like that's what we need to do [1:35:57] and thank you >> kat >> [1:36:01] followed by jill follow. Can [1:36:05] you guys hear me? Yes. Hi, I'm [1:36:08] katrina. I'm also known as cat [1:36:10] and I urge the city council to [1:36:12] defer this item and prioritize [1:36:14] the long term well-being of san [1:36:15] jose residents over short term [1:36:17] economic gains or create [1:36:19] lasting environmental [1:36:20] degradation, health impacts and [1:36:22] water scarcity that our [1:36:23] community cannot afford. I [1:36:25] respectfully demand that the [1:36:26] council to explicitly exclude [1:36:28] data center development from [1:36:29] this rezoning decision until [1:36:31] the city has set in stone [1:36:32] standards with legally binding [1:36:34] enforcement delving into the [1:36:36] cumulative public health impact [1:36:37] analysis of planned and [1:36:38] proposed data centers and [1:36:40] established and has established [1:36:42] community protection with [1:36:44] legally binding consequences as [1:36:45] core requirements. Thank you [1:36:48] for listening and thank you for [1:36:49] your time today. >> thank you [1:36:52] jill followed by dave. I worked [1:37:01] >> at ibm starting back in [1:37:03] 1989. I was at the actually [1:37:05] at the santa teresa laboratory [1:37:07] but we had frequent meetings [1:37:09] over and sometimes over [1:37:10] dominant plus so some friends [1:37:12] were over there. We'd go over [1:37:14] there a lot and go hiking, take [1:37:16] walks in that area. >> the [1:37:18] thing is I want to point out [1:37:19] that even if it's quote only [1:37:21] end quote a 35 acre area that [1:37:24] there talking about presently [1:37:26] for industrial use you can't [1:37:28] have the >> road that's there [1:37:29] now is a road a two lane road [1:37:31] for ordinary vehicles. [1:37:32] obviously if there's a new [1:37:35] development there, new [1:37:37] industrial uses the road would [1:37:38] be completely would have to [1:37:40] change and widen and everything [1:37:42] like that plus I just want to [1:37:44] point out it's a foolish idea [1:37:46] to have a foolish place for [1:37:48] industrial development is right [1:37:50] in the middle of hundreds [1:37:51] of acres of open space. Thank [1:37:52] you very much >> dave followed [1:37:56] by vince venkata dave I your [1:38:02] side I can hear you this time. [1:38:04] >> okay thank you. Sorry about [1:38:06] that. They pushed a resident [1:38:07] of the santa teresa [1:38:08] neighborhood from the late 80s [1:38:10] until 93 when I became a [1:38:12] resident of almaden valley in [1:38:14] 99 I had conversations with [1:38:16] my council member and probably [1:38:17] eric and participated in [1:38:20] community meetings about a [1:38:21] proposal for the development [1:38:23] of some of the ibm's open [1:38:24] space. The sale was canceled [1:38:27] when it became clear that ibm [1:38:29] had committed to a permanent [1:38:31] open space restriction as part [1:38:33] of the almaden research center [1:38:35] development the council [1:38:36] committed to permanent open [1:38:39] space in perpetuity. It's [1:38:42] critical in terms of public [1:38:44] governance protection of the [1:38:46] serpentine habitat, historic [1:38:47] bar and rock walls, [1:38:49] contribution to the quality [1:38:51] of the adjacent santa clara [1:38:52] teresa or santa teresa county [1:38:54] park that the open space [1:38:56] remains open space in [1:38:58] perpetuity. Please defer. Thank [1:39:01] you very much >> venkata >> [1:39:03] online followed by roberta [1:39:05] moore in person. So roberta [1:39:09] go ahead and come on down and [1:39:13] venkata go ahead. I see you're [1:39:18] on muted but we're not hearing [1:39:19] you. Okay. I'm >> going to [1:39:27] go to roberta moore in person. [1:39:33] hi. Thank you. I'm roberta [1:39:35] moore from d-10. And first I [1:39:38] want to acknowledge you for [1:39:40] setting standards for [1:39:41] environmental protections with [1:39:45] air data centers. I just want [1:39:48] some facts 800 and >> seven [1:39:50] 160,000,116 million gallons >> [1:39:54] of water per year and [1:39:56] 876,000,000 kilowatt >> hours [1:40:00] per year. So we have electrical [1:40:03] issues, water issues and we [1:40:05] have traffic issues out there. [1:40:07] so >> please make if you ignore [1:40:10] all this feedback please make [1:40:13] the company pay for this and [1:40:16] fix these problems and please [1:40:19] >> require they pay for >> in [1:40:24] house no water cooling system. [1:40:27] thank you >> katherine matheson [1:40:31] come on down [1:40:48] . >> hello. I've lived all [1:40:53] my life in cnn's say since 1950 [1:40:57] we've lived in the same house [1:40:58] and in the rose garden and I [1:41:02] hate to see this proposal that [1:41:05] you're presenting happen and [1:41:08] destroy our historical [1:41:10] neighbors. There's so many [1:41:12] other ideas. I have a degree in [1:41:15] biology, ag and forestry and a [1:41:17] master's in landscape [1:41:18] architecture and helped [1:41:19] singapore create their gardens [1:41:21] city so I know what I'm talking [1:41:22] about >> different ideas put [1:41:26] housing >> under name >> I'm [1:41:29] sorry this is >> just the ibm [1:41:31] site I think you're talking [1:41:33] about the land use site and [1:41:34] we're taking up later today I'm [1:41:36] talking about what >> the this [1:41:39] item we're on is the ibm site [1:41:41] and the potential rezoning [1:41:42] of that one site. I think you [1:41:43] may be speaking to the general [1:41:45] plan review >> item. Oh, okay. [1:41:47] so that'll be coming up and I [1:41:49] throw >> down you can come back [1:41:52] >> up when we get to that I if [1:41:53] you're speaking to the ibm item [1:41:55] I'll give you the rest of your [1:41:56] time. I just you were talking [1:41:57] about housing and landscape I [1:41:59] think this is probably not the [1:42:00] ibm item >> I did great. Okay. [1:42:06] we'll come back to you when we [1:42:07] get to that item. Thank you, [1:42:10] toni. Do we have more public [1:42:11] speakers? So back >> to [1:42:12] council. Okay. All right. Well [1:42:14] >> thank you to everyone who [1:42:15] weighed in. We're coming back [1:42:17] to council. I did just want to [1:42:18] [1:42:19] referenced it for those who may [1:42:21] not be following it as closely [1:42:23] specifically on data >> [1:42:25] centers, the council has [1:42:26] instructed city staff to [1:42:28] initiate a process over the [1:42:31] rest of this year of community [1:42:32] engagement starting with a [1:42:33] listening session this this [1:42:36] week and the in fact tomorrow [1:42:39] evening where well we already [1:42:41] have some of the strictest [1:42:42] standards in the country. The [1:42:44] idea is in every category [1:42:45] of concern can san jose be the [1:42:47] national leader and have the [1:42:48] highest standards and really [1:42:50] ensure that we're protecting [1:42:52] all of the interests the [1:42:53] community's expressed on the [1:42:55] specific site which is the ibm [1:42:59] facility out on harry road? I [1:43:01] do want to come back to the [1:43:02] council member for district ten [1:43:04] and give him the floor once [1:43:07] again and we'll continue with [1:43:08] the council deliberation. [1:43:11] councilmember casey thank >> [1:43:12] you, mayor. I want to thank [1:43:13] everybody that came out and you [1:43:14] folks on zoom as well. I know [1:43:15] this is an important piece [1:43:18] of property all the property is [1:43:20] important to san jose but the [1:43:21] open space component and the [1:43:22] fact that this is located in a [1:43:24] beautiful area I understand the [1:43:25] concern but I just want to ask [1:43:28] staff or the attorneys this is [1:43:30] an eventuality in terms of us [1:43:32] having to do this conforming [1:43:33] rezoning. If we don't do it [1:43:34] now, it's going to happen [1:43:35] eventually anyway correctly [1:43:37] correct. Sorry. Yes, that is [1:43:42] correct. So there's no stopping [1:43:43] this >> not at this moment. But [1:43:48] given >> that, is there a way [1:43:50] that we can somehow direct [1:43:51] staff to pursue the easement [1:43:54] for the conservation easement, [1:43:56] have that be part of this [1:43:57] proceeding >> so we can [1:43:59] absolutely pursue that? It [1:44:00] requires us to work obviously [1:44:02] with the property owner and the [1:44:03] property owners be willing to [1:44:05] offer up that easement but it's [1:44:06] certainly something we can [1:44:07] explore with them. Eric can we [1:44:11] do you mind if I pull eric now [1:44:12] eric you're nodding your head [1:44:13] that the property owner would [1:44:14] be open to pursuing an easement [1:44:15] on the open space which is I [1:44:28] just want to >> be clear that [1:44:29] we're in a transition period, [1:44:30] right? Ibm still owns the [1:44:31] property, right? So we can't be [1:44:33] making commitments for ibm's [1:44:34] property. But should the [1:44:36] property change ownership that [1:44:38] >> the new owners would be [1:44:41] interested in having that [1:44:42] discussion obviously. Okay. I [1:44:49] think the issue here though is [1:44:51] as was stated, this is an [1:44:52] eventuality anyway. This is [1:44:54] something that's coming down [1:44:55] the pike. I'm interested in [1:44:58] having the property >> pay [1:45:00] taxes be developed into [1:45:01] something that's going to be [1:45:02] productive for us economically [1:45:04] rather than just sitting there [1:45:05] dormant. There's nothing I've [1:45:07] heard here so far from staff [1:45:09] and the attorneys that this [1:45:10] open space is somehow in [1:45:12] jeopardy or that we've [1:45:13] foreclosed on any opportunity [1:45:14] to have that easement at some [1:45:16] point in time. Right now this [1:45:18] decision preserves the open [1:45:20] space as is. So I'm not sure [1:45:22] what the concern is at the [1:45:24] moment from the community. And [1:45:27] in addition to that we're not [1:45:28] actually having a conversation [1:45:29] about data centers right now. [1:45:31] this is a step towards it. I [1:45:33] want to acknowledge that. But [1:45:35] we're not having a data center [1:45:36] conversation at the moment. [1:45:37] we're just doing what the state [1:45:39] is required of us in terms [1:45:41] of conforming to zoning to meet [1:45:43] our guidelines or general plan. [1:45:44] so >> I with that I'll make a [1:45:46] motion to support or the the [1:45:49] rezoning I >> think. [1:45:53] councilmember we have a second [1:45:54] from councilor cohen. Can I ask [1:45:56] steph just on that point [1:45:57] of information, can you expound [1:46:00] a little bit for the public on [1:46:02] why this is an eventuality just [1:46:06] in terms of realigning the [1:46:07] zoning it would be helpful if [1:46:09] you all we are in here [1:46:10] constantly doing rezonings [1:46:12] because of state law. Can you [1:46:13] please share more about what we [1:46:15] are mandated by state law to do [1:46:17] and what we're not mandated to [1:46:18] do? >> so there is state law sb [1:46:22] 1333 that requires for charter [1:46:24] cities conforming rezoning in [1:46:26] alignment between the zoning [1:46:28] and the general plan. So the [1:46:29] city has been taking different [1:46:31] batches of sites across the [1:46:33] city and bringing them before [1:46:34] council to align our zoning and [1:46:36] the general plan since this [1:46:38] application is proposed by a [1:46:40] private entity we have you [1:46:42] know, brought this up as part [1:46:44] of that application but [1:46:45] ultimately the city is tasked [1:46:47] to to have conforming zoning [1:46:49] throughout the city. Okay. And [1:46:51] then and I'll turn to other [1:46:52] colleagues who are speaking [1:46:53] just a moment. I'm guessing all [1:46:57] of us want to see the open [1:46:59] space. I know councilor casey [1:47:00] cares deeply about this, want [1:47:02] to see the open space there [1:47:03] that ibm intended to keep open [1:47:06] space forever more see that [1:47:08] protected. Can you share a [1:47:10] little more about if we do move [1:47:13] forward with this conforming [1:47:15] rezoning the protections for [1:47:17] open space and what would [1:47:18] actually share a little >> more [1:47:20] I heard a concern about it. [1:47:22] what would that process look [1:47:23] like? Should someone say a [1:47:24] future owner try to change [1:47:26] that? That's zoning. Yes, [1:47:29] absolutely. So if there was a [1:47:30] future proposal to change the [1:47:32] zoning for that open space, it [1:47:34] would also need a general plan [1:47:35] amendment first of all. So that [1:47:37] is that does require councilor [1:47:38] approval. It requires [1:47:39] environmental review and the [1:47:41] due process so public input to [1:47:44] that through that process. In [1:47:46] addition the the open space [1:47:50] zoning that's currently in the [1:47:52] zoning in the plan development [1:47:53] zoning is actually less [1:47:55] restrictive than the city's [1:47:56] general plan open space [1:47:57] designation. Can you say that [1:47:59] again so that the existing open [1:48:01] space zoning is less than the [1:48:03] pd in the pd is less [1:48:05] restrictive than our general [1:48:06] plan? Open space designation [1:48:08] because the general plan [1:48:09] requires that any structures in [1:48:11] an open space designee ation [1:48:13] has to come forward with a [1:48:14] conditional use permit. I >> [1:48:16] see so that the rezoning the [1:48:19] portion going to open space [1:48:20] actually would be more [1:48:21] restrictive than what it [1:48:22] currently is, correct? Correct. [1:48:24] okay. If anything >> I would [1:48:26] [1:48:28] to those who are deeply [1:48:29] concerned although I would say [1:48:31] if anything the trend has been [1:48:32] toward creating and protecting [1:48:34] more open space, not less. That [1:48:36] has been the steady trend now [1:48:38] for many years. Okay, thanks [1:48:41] for clarifying. I think that [1:48:42] added some helpful context. Let [1:48:45] me turn now to other colleagues [1:48:47] council our committee. Thank [1:48:50] you so much to all who came out [1:48:53] to give your thoughts on this [1:48:55] item and thank you to [1:48:56] my colleague [1:48:57] councilmember casey who who [1:48:59] leads this. >> you know, one [1:49:01] of the things that I am aware [1:49:02] is while the open space there [1:49:05] are some protection, the only [1:49:07] way to ensure >> it really is [1:49:08] if you do have a permanent [1:49:10] conservation easement on it. [1:49:12] and I just want to get [1:49:13] clarification on that point. We [1:49:15] cannot require an applicant as [1:49:18] a as a part of their rezoning [1:49:22] to require a conservation [1:49:24] easement on something that has [1:49:26] been known to be permanent open [1:49:29] space. Is that a question for [1:49:33] the city attorney or yeah, well [1:49:35] >> whoever whoever wants to [1:49:36] give me the right answer. So [1:49:40] the easement would require both [1:49:42] parties to agree to come to [1:49:44] some agreement so we cannot [1:49:45] require okay so >> we can't we [1:49:48] can't make that as a [1:49:49] requirement of the rezoning. [1:49:51] correct. Okay. Okay. That that [1:49:53] makes it very clear. You know, [1:49:55] I think that it is unfortunate [1:49:58] that in this circumstance we're [1:50:00] not allowing more time. I would [1:50:02] have liked to have seen more [1:50:04] time as was requested by some [1:50:07] of the letters that we received [1:50:10] because I think that, you know, [1:50:12] while yes, we want to update it [1:50:15] and all of that, I think that [1:50:16] having conversations with the [1:50:18] community of what is being done [1:50:21] is appropriate right? I mean [1:50:23] this application is not going [1:50:24] to turn around or we're not [1:50:26] going to have something there, [1:50:28] you know, like right away. So [1:50:30] you know, I do think it's [1:50:31] important to to have that [1:50:34] community input. I mean even if [1:50:35] it's like two weeks or what [1:50:37] have you simply because it [1:50:39] allows the community to better [1:50:41] understand where we're going. [1:50:43] so I will not be supporting the [1:50:46] motion unless [1:50:48] councilmember casey wants to [1:50:50] wait two weeks to allow people [1:50:53] to get an understanding further [1:50:55] understanding I was not aware [1:50:58] of sb 131 so I just think that [1:51:02] it's important to have that [1:51:04] community input. But I don't [1:51:07] know if you would allow a two [1:51:09] week hold off. >> I appreciate [1:51:12] community input and I don't [1:51:15] think bad news doesn't age well [1:51:16] and that community input is not [1:51:18] going to actually change [1:51:19] anything. I don't want to be [1:51:20] performative about it and just [1:51:22] give folks an opportunity to [1:51:23] vent when they're not going to [1:51:24] actually change anything. Scuse [1:51:27] me ridiculous. >> so please [1:51:30] don't boo or cheer during [1:51:33] council deliberations are off [1:51:34] to ask you to leave the [1:51:35] chamber. Good [1:51:37] councilmember yeah. So just for [1:51:37] that reason I mean it's not [1:51:38] going to change anything. This [1:51:39] is an eventuality that's going [1:51:40] to happen so I appreciate and [1:51:42] we did receive the input but I [1:51:44] don't see how that input is [1:51:45] going to actually change the [1:51:47] ultimate decision. Yeah, no I [1:51:49] understand. I thought that that [1:51:51] would be helpful. I also think [1:51:54] that in the meantime the the [1:51:57] applicant and the owners would [1:52:00] perhaps think about I know we [1:52:02] can't require it but would [1:52:03] think about you know what might [1:52:06] be possible in terms of a [1:52:08] voluntary conservation easement [1:52:10] that way they you know for sure [1:52:11] right for those coming in those [1:52:13] going out so yes but thank you. [1:52:16] thank you for your thoughts. [1:52:18] but I >> also think there's an [1:52:19] opportunity if they do come [1:52:20] back for the industrial portion [1:52:22] to have that conversation [1:52:24] before we approve whatever they [1:52:25] decide to do with the [1:52:26] industrial part, we can have [1:52:27] that be a condition and have [1:52:29] that conversation at that time [1:52:31] which I think is more [1:52:31] appropriate than at this moment [1:52:32] . Thank you. Thanks >> council [1:52:37] member let's go to councilor [1:52:39] compost next. >> thank you [1:52:43] mayor and thank you for [1:52:44] my colleagues cousin casey for [1:52:47] pulling this item. [1:52:48] councilmember camejo for your [1:52:49] questions and the members [1:52:51] of the community who came out [1:52:52] to engage with us on this item. [1:52:55] I just have two questions that [1:52:56] I want to ask staff and the [1:52:58] first is for more information [1:53:00] about sb 131 and the to [1:53:02] exemptions for certain [1:53:04] industrial uses >> I can start [1:53:10] and then I'll see if david [1:53:11] kianna principal planner wants [1:53:13] to chime in. So sb 131 went [1:53:15] into effect last july and [1:53:18] allows for that. The state [1:53:20] essentially has allowed for [1:53:22] exemptions for advanced [1:53:23] manufacturing uses from the [1:53:26] california environmental [1:53:26] quality act. So from [1:53:28] environmental review and so [1:53:30] this particular site how sb 131 [1:53:33] could potentially affect it is [1:53:35] that if the ip rezoning is [1:53:38] approved then there could be [1:53:40] certain very limited advanced [1:53:41] manufacturing uses within that [1:53:43] ip zoning table that are [1:53:46] allowed that may be exempt from [1:53:47] those requirements. However, [1:53:49] the general plan the ip general [1:53:52] plan designation at a [1:53:53] programmatic level already [1:53:54] allows for those uses. David >> [1:53:58] and >> good afternoon [1:54:00] councilmember campos david [1:54:01] conference will plan on the [1:54:02] city's environment review team [1:54:03] so sb 131 as I said is a [1:54:07] statutory submission approved [1:54:09] by the state that exempts a [1:54:10] very targeted group of land use [1:54:15] actually projects for it under [1:54:17] the umbrella of advanced [1:54:18] manufacturing. It's things like [1:54:20] nanotechnology, biotechnology [1:54:23] you know research and [1:54:23] development involving some sort [1:54:25] of manufacturing. It's very [1:54:27] limited. I do want to mention [1:54:30] and reiterate that it does not [1:54:32] include most of the land uses [1:54:34] in the wild or the industrial [1:54:36] park zoning districts such as [1:54:37] offices and warehouses and data [1:54:39] centers. Those are not within [1:54:41] >> the group of projects >> [1:54:43] that would be exempt under sb [1:54:45] 131 statutory exemption. So [1:54:48] projects that proceed if there [1:54:50] was to be a project that was to [1:54:51] proceed on the site under the [1:54:54] industrial park zoning [1:54:55] designation would have to [1:54:57] go through its own secure [1:54:58] process at that time and for [1:55:00] example or data center would [1:55:01] have to go through its own full [1:55:03] environmental review process [1:55:04] at that time. Thank you, david. [1:55:07] I'm in there for that response [1:55:10] and then this second question [1:55:13] is kind of also a request so [1:55:16] you know, given what we heard [1:55:17] about not being able to require [1:55:21] the conservation easement [1:55:24] of the future property owner, [1:55:27] can staff guarantee that you [1:55:30] will provide the information [1:55:31] that they need to be informed [1:55:34] about, you know, that that [1:55:37] option that they have I don't [1:55:39] know if that's common practice [1:55:41] but for this project is that [1:55:43] something that staff could [1:55:44] ensure that the project [1:55:46] applicant or the next property [1:55:47] owner knows that a conservation [1:55:50] easement is a request of the [1:55:52] community and that they have [1:55:54] that information? >> yes, [1:55:57] councilmember absolutely. Thank [1:55:58] you for confirming that. Those [1:56:00] are my questions. >> thanks, [1:56:03] councilmember. I appreciate it. [1:56:04] let's turn now to [1:56:05] councilmember claudius. Thank [1:56:06] you, mayor, and thank you staff [1:56:07] for clarifying the process for [1:56:09] actually pursuing the [1:56:10] conservation easement on a [1:56:11] follow up since it was just [1:56:12] referenced a couple of times [1:56:13] about some of the commitments [1:56:15] made by a previous council back [1:56:17] in the 90s to pursue permanent [1:56:18] protection of the open space. [1:56:20] what is your take on that [1:56:22] history is the history here [1:56:24] essentially that council made a [1:56:25] recommendation that was not [1:56:26] legally enforceable or was it [1:56:28] too ambiguous kind of what [1:56:30] council was intending? So again [1:56:32] >> councilmember, I apologize. [1:56:33] I'm just trying to get to a [1:56:34] better mike. That's the the [1:56:38] previous direction came through [1:56:39] a memo by then [1:56:41] councilmember dando that [1:56:43] directed staff to pursue a [1:56:45] conservation easement. So [1:56:46] obviously we don't have all [1:56:48] of the records of the [1:56:49] conversations that occurred [1:56:50] after that but it does require [1:56:52] both parties to be willing to [1:56:53] pursue that. And so the [1:56:56] eventuality is that we don't [1:56:58] have that so we can only assume [1:56:59] at this point that no agreement [1:57:00] was reached. Thank >> you. And [1:57:03] then just to follow up on [1:57:04] councilmember casey's point, is [1:57:05] this something that could be [1:57:06] potentially added as a [1:57:07] condition for any future actual [1:57:09] project application on the [1:57:10] industrial zone portion >> [1:57:12] of the site? So again, it would [1:57:13] >> be similar direction to [1:57:15] pursue it that certainly [1:57:17] something that we could >> [1:57:18] engage with an applicant with [1:57:20] prior to approval of that [1:57:22] application and just sort [1:57:23] of see what their willingness [1:57:24] is to have the conversation and [1:57:26] then do some follow up work [1:57:27] around them. Thank you. You [1:57:29] know, I think it's clear that [1:57:30] obviously the community itself [1:57:32] but also many of us up here [1:57:33] would like to see some firmer [1:57:35] protections for the open space [1:57:36] component here. So whatever [1:57:38] form that takes, I'm hopeful [1:57:39] that if an actual project [1:57:40] application comes back on this [1:57:42] site that we can collectively [1:57:43] move towards better protections [1:57:44] for this open space. But in the [1:57:46] meantime it is good to [1:57:47] at least know that the general [1:57:48] plan open space designation [1:57:50] will include some additional [1:57:51] safeguards that are not present [1:57:52] under the existing pd zoning. [1:57:54] thank you. Thanks council [1:57:57] member I don't see any other [1:57:59] hands so toni I think we're [1:58:01] ready to vote on the motion by [1:58:02] councilor casey >> [1:58:14] . Motion passes 9 to 2 >> with [1:58:20] mae and campos voting no. Okay [1:58:24] . Thank you, toni. We are on to [1:58:26] our next item. That was ladies [1:58:28] consent rhonda item 3.1 which [1:58:30] is the report of the city [1:58:32] manager. >> thank you, mayor. I [1:58:35] have no report today. Okay. [1:58:37] thank you, jennifer rhonda, [1:58:37] item 3.3 this is the housing [1:58:40] department law loan portfolio [1:58:43] audit report. Take a moment for [1:58:47] city staff to move down to the [1:58:51] box >> [1:59:10] and joe, when you in the timber [1:59:11] ready go ahead and get started. [1:59:13] yes. So good afternoon >> joy [1:59:19] city order. I'm here with [1:59:21] alison, polly adrian perez and [1:59:22] maria vi to present are on [1:59:25] affordable multiple multifamily [1:59:26] housing loan portfolio clear [1:59:28] goals and stronger oversight [1:59:29] would improve monitoring also [1:59:30] in the boxes eric sullivan from [1:59:32] the housing department >> [1:59:36] affordable >> housing serves [1:59:37] low to moderate income [1:59:38] residents in the city of san [1:59:40] jose to support the development [1:59:41] of affordable multifamily [1:59:43] housing. The city's housing [1:59:44] department provides loans to [1:59:46] developers for the construction [1:59:47] of new properties and the [1:59:48] preservation of existing [1:59:49] properties. Along with the [1:59:51] loans come restrictions on [1:59:52] tenant rents and income to [1:59:54] ensure that the units remain [1:59:55] affordable over the life of the [1:59:57] agreement and the affordability [1:59:58] period. Housing staff are [2:00:00] expected to verify that [2:00:01] property owners repay loans for [2:00:03] affordability restrictions and [2:00:04] maintain buildings at the time [2:00:06] of the audit, the permanent [2:00:07] loan portfolio totaled over [2:00:08] $745 million with nearly 25,000 [2:00:12] units with active loans [2:00:14] affordability restrictions or [2:00:16] were in the pipeline across [2:00:18] roughly 220 properties. Many [2:00:21] loans were recorded before 2012 [2:00:23] and are also subject to [2:00:24] regulations from lenders and [2:00:26] government agencies including [2:00:27] the state and the federal [2:00:28] government. The objective [2:00:30] of this audit was to assess [2:00:31] housing processes for managing [2:00:33] the affordable housing loan [2:00:34] portfolio including loan [2:00:36] servicing and compliance [2:00:37] monitoring as described in the [2:00:40] city's adopted operating budget [2:00:41] in addition to providing loans, [2:00:42] housing manages and oversees [2:00:44] the city's affordable housing [2:00:45] loan portfolio portfolio [2:00:47] including loan servicing and [2:00:48] monitoring and compliance [2:00:49] of deed restricted apartment [2:00:51] apartments. Housing's role is [2:00:53] to provide asset management [2:00:54] which involves monitoring the [2:00:55] financial performance [2:00:57] of properties and the overall [2:00:58] portfolio which differs from [2:01:00] property management which [2:01:01] relates to the day to day [2:01:02] operations of a property [2:01:04] housing >> context multiple [2:01:06] types of oversight including [2:01:08] financial reviews for staff, [2:01:09] examine financial statements, [2:01:11] operating budgets and other [2:01:12] documentation required to be [2:01:13] submitted by property owners [2:01:15] affordability restriction [2:01:17] monitoring where property meant [2:01:18] or property managers are [2:01:19] expected to submit rent rolls [2:01:21] with rent levels and tenant [2:01:22] income information to housing [2:01:24] staff and staff then check [2:01:26] whether the rents are within [2:01:27] the allowed rent limits for the [2:01:28] unit type and may check tenant [2:01:29] incomes. Lastly, property [2:01:31] inspections which enable the [2:01:33] city to monitor the building's [2:01:34] condition any problems that [2:01:36] need to be addressed to [2:01:36] maintain the long term [2:01:37] viability of the property. We [2:01:39] had two findings I'm we provide [2:01:41] alison to talk through those. [2:01:43] thank you. Our first finding [2:01:46] was that housing should assess [2:01:48] the asset management teams [2:01:49] goals and resources as joe just [2:01:52] described the asset management [2:01:53] team's role is to monitor loan [2:01:55] compliance for the city's [2:01:56] affordable housing loan [2:01:58] portfolio. This involves [2:02:00] verifying that borrowers repay [2:02:02] city loans, that housing units [2:02:04] comply with affordability [2:02:05] restrictions and that [2:02:07] properties are appropriately [2:02:08] maintained. We found the team [2:02:11] has not completed all annual [2:02:13] property reviews or inspections [2:02:14] in recent years. According to [2:02:16] housing, the team has [2:02:17] historically not been able to [2:02:19] complete all reviews annually. [2:02:21] of the more than 200 properties [2:02:23] in the portfolio vacancies and [2:02:25] unclear expectation liens have [2:02:27] hindered the team's ability to [2:02:29] complete its work. In addition, [2:02:32] the current software tools may [2:02:33] not be sufficient to meet the [2:02:35] goals of the program. Given the [2:02:36] size and scope of the loan [2:02:38] portfolio replacing or [2:02:40] retooling software would help [2:02:42] the team complete their work [2:02:44] at the time of the audit. [2:02:45] housing was developing an [2:02:46] automated rent roll portal to [2:02:48] assist with reviews and was [2:02:50] working on developing standard [2:02:51] operating procedures that would [2:02:53] support staff to complete their [2:02:55] work more consistently. We [2:02:57] recommend that housing develop [2:02:58] a program level strategic plan [2:03:01] to identify the program goals [2:03:02] and resource needs to [2:03:04] reconfigure the current [2:03:05] software or to acquire an asset [2:03:07] management software platform [2:03:09] and to update and standardize [2:03:11] operating procedures and [2:03:12] training. Our second finding >> [2:03:16] is that housing should [2:03:17] strengthen oversight [2:03:19] of affordability restrictions [2:03:20] and higher risk properties. [2:03:22] some properties in the [2:03:23] affordable housing portfolio do [2:03:25] not comply with affordability [2:03:27] restrictions. Have not [2:03:28] submitted required [2:03:29] documentation or have repeated [2:03:31] property violations. We found [2:03:34] in a limited sample of 878 [2:03:37] units across ten properties [2:03:39] which represents 4% of the [2:03:41] total units managed. 110 units [2:03:44] had tenants with incomes above [2:03:46] the cap for their unit type. [2:03:48] that was 13% of the sample [2:03:51] based on federal standards, [2:03:52] incomes slightly over the [2:03:54] limits generally aren't [2:03:55] considered a problem because we [2:03:57] don't want to penalize people [2:03:58] for raising their incomes. [2:04:00] however, 48 units had tenants [2:04:03] that earned 140% or more of the [2:04:06] income cap which was 5% of the [2:04:08] sample. That income level meant [2:04:10] that they exceeded the federal [2:04:12] standard. Another concern is [2:04:14] the potential for tenant [2:04:16] incomes to be below [2:04:17] expectations meaning they fall [2:04:19] well below the target income [2:04:21] level for their unit. This can [2:04:23] leave the tenant overly rent [2:04:24] burdened and put the property's [2:04:26] financial stability at risk if [2:04:27] the rental income is very low. [2:04:30] we also noted that housing does [2:04:32] not have a documented [2:04:33] escalation process to address [2:04:35] comply or property violations [2:04:38] despite differences in property [2:04:39] compliance. The asset [2:04:40] management teams current [2:04:42] approach does not differentiate [2:04:44] financial and affordability [2:04:45] restriction monitoring based on [2:04:47] the risk of the property. We [2:04:49] recommend that housing develop [2:04:51] policies to address over and [2:04:52] under income tenants and [2:04:54] resolve significant or repeated [2:04:56] property concerns and to [2:04:58] establish a risk rating system [2:05:00] to prioritize compliance [2:05:01] monitoring. So to summarize [2:05:05] finding one focused on a [2:05:06] strategic plan to clarify what [2:05:07] housing role is and the goals [2:05:09] of the program and that plan [2:05:10] will help housing create [2:05:11] structures and processes to [2:05:13] oversee the portfolio more [2:05:14] effectively. Finding two is [2:05:16] about making sure we have [2:05:17] escalation processes when [2:05:18] something goes wrong in a [2:05:19] property whether that's about [2:05:20] tenant incomes, financial [2:05:21] concerns or the physical [2:05:23] condition of the properties. I [2:05:25] do want to emphasize that this [2:05:26] is a complex regulatory [2:05:27] environment with requirements [2:05:28] and regulations that can come [2:05:29] from multiple agencies which I [2:05:30] think eric can speak to as [2:05:31] well. This along with the scope [2:05:34] of the portfolio makes [2:05:36] addressing the issues we have [2:05:36] identified challenging. However [2:05:38] although the city can troops [2:05:39] only a part of the funding it [2:05:40] is incumbent upon the city to [2:05:42] have processes that ensure [2:05:44] these properties are [2:05:45] well-maintained with adequate [2:05:46] oversight. This is how we can [2:05:47] assure the properties continue [2:05:49] to provide quality affordable [2:05:50] housing to san jose residents. [2:05:51] here is to come as you accept [2:05:53] report before signature or to [2:05:55] eric for the administration's [2:05:56] response. Thank >> you joseph [2:05:58] eric sullivan director [2:06:00] of housing. I appreciate the [2:06:01] work of joe and his team in [2:06:03] acknowledging some of the [2:06:04] complex positions the housing [2:06:06] department operates in and [2:06:07] regarding this portfolio. We [2:06:09] are not the regulator [2:06:11] of primary instance. We [2:06:13] primarily notice other entities [2:06:16] the state, other funders to [2:06:19] noncompliance issues and play a [2:06:21] complex part in ensuring the [2:06:23] continuing asset management [2:06:25] of this portfolio. As we're [2:06:27] seeing in our aggressive [2:06:29] disposition of addressing very [2:06:31] distressed assets. So that's [2:06:33] regarding first community [2:06:34] housing and we appreciate joe's [2:06:36] sort of understanding of sort [2:06:37] of the awkward position that we [2:06:39] sit in and how we're able to [2:06:41] move and improve our overall [2:06:43] efforts at compliance while [2:06:45] acknowledging some of these [2:06:47] areas of enforcement are [2:06:49] outside of our direct [2:06:50] jurisdiction. The department is [2:06:53] coming into this position just [2:06:55] over two years ago has taken a [2:06:57] lot of work prior to the audit [2:06:59] including working on us as a [2:07:00] plan as well as looking at ways [2:07:02] in which we can better risk [2:07:03] rate across the 180 or so [2:07:07] buildings across the asset [2:07:08] portfolio. And so we're [2:07:10] continuing to bring that work [2:07:11] forward this fall as we begin [2:07:13] to implement these audits we [2:07:15] accept the findings and I'm [2:07:17] happy to answer your questions [2:07:18] . Thank >> you for the [2:07:21] presentation. Thank you, joe [2:07:24] allison and eric. Toni, do we [2:07:26] have any members of the public [2:07:27] who wish to speak? Yes, america [2:07:29] come on down followed by brian [2:07:30] online [2:07:42] . >> I want to call out the [2:07:44] city of san jose for violating [2:07:47] the brown act. You have an [2:07:48] agenda housing items that need [2:07:51] to be vetted by the public as [2:07:53] consent agenda consent agenda [2:07:56] usually is for routine >> [2:07:59] spending as well as something [2:08:01] that has been vetted by [2:08:03] appointed or elected bodies [2:08:06] such as in this item it should [2:08:08] not be in review again probably [2:08:10] because your committee in [2:08:12] economics voted for something [2:08:14] against >> the governments. [2:08:17] well so now you're putting a [2:08:18] here and also I want to call it [2:08:20] out >> that you got to stay on [2:08:22] this item is the housing [2:08:23] department loan portfolio audit [2:08:25] could you please stick to this [2:08:26] item? It isn't clear to [2:08:27] everyone I am. It should not [2:08:29] have been split back in the [2:08:30] open agenda. Also why is it [2:08:33] that you guys are lending your [2:08:34] property taxes >> as loans to [2:08:37] developers that is against the [2:08:40] will of your people? Did you [2:08:42] guys check with your property [2:08:44] payers tax? >> thank you that [2:08:47] your time? Brian darby it's [2:08:55] sorry about getting on there it [2:08:56] was well written report thank [2:08:57] you. Back to council all >> [2:09:02] right coming back to the [2:09:03] council thank you all start [2:09:07] with councilmember >>. Thank [2:09:11] you as always I'd like to thank [2:09:13] the auditor and his team for [2:09:15] good report and also for the [2:09:16] briefings. I always find them [2:09:18] very, very informative. I can [2:09:20] ask all my questions and you [2:09:22] know it's it's very good. So [2:09:24] thank you for that. I also want [2:09:26] to thank the housing department [2:09:27] for answering my questions. I [2:09:30] did note that some of the there [2:09:33] were some vacancies during a [2:09:35] previous time. I was just [2:09:36] curious if those vacancies have [2:09:38] been filled and allow you to [2:09:40] get to some of your target [2:09:42] completion dates as is [2:09:44] mentioned in the report >> [2:09:46] of the two vacancies one has [2:09:47] already been filled, the other [2:09:49] were pending an offer to be [2:09:50] made. Wonderful. Well with >> [2:09:53] that I'd like to move the the [2:09:57] item and the report and just [2:09:59] thank you for your information. [2:10:02] second >> thank you, councilor [2:10:05] accomplice >> thank you, mayor. [2:10:09] I do just want to thank staff [2:10:10] for this work and for the [2:10:12] presentation with just one [2:10:14] question can the city council [2:10:17] receive an update for when the [2:10:20] policy for addressing tenants [2:10:22] that exceed or fall below [2:10:24] income limits in affordable [2:10:25] units is developed because as [2:10:30] some folks may be concerned [2:10:31] with displacement impacts and [2:10:33] would like to understand how [2:10:34] the housing department might [2:10:35] prevent or mitigate [2:10:36] displacement of these tenants. [2:10:38] yes, we can come back and [2:10:38] report but again I know that [2:10:40] the housing department even if [2:10:41] we find those instances [2:10:43] of noncompliance of above or [2:10:45] below income, we can't take any [2:10:46] action. We just give notice to [2:10:48] the owner or property manager [2:10:50] and it's on them to then take [2:10:51] action. So we can't require [2:10:53] moves, we can't require [2:10:56] disposition. We can require [2:10:57] resolution. All we do is check [2:10:59] and notice this is part of sort [2:11:01] of the awkward setting that we [2:11:03] have in the department. >> [2:11:04] thank you. I think that [2:11:05] information would be important [2:11:07] for us to consider future [2:11:09] policymaking. Thank you and [2:11:13] great thanks councilmember. [2:11:15] just want to also thank you for [2:11:16] the audit. Joe, as always you [2:11:17] and your team do excellent work [2:11:19] and I think you have two very [2:11:20] specific and actionable [2:11:22] recommendations here that are [2:11:23] material to the city. So [2:11:26] there's a great audit and [2:11:27] appreciate the housing [2:11:28] department's follow up. Do we [2:11:31] have any >> other hands not [2:11:32] seen the other colleagues? So [2:11:35] toni, let's vote. Motion >> [2:11:47] passes unanimously with casey [2:11:48] absent. >> thank you. Thank you [2:11:52] all. Okay, rhonda, item 7.1 [2:11:54] this is the city's response to [2:11:56] the santa clara county civil [2:11:57] grand jury report entitled >> [2:12:00] san jose animal care center the [2:12:02] need to strengthen [2:12:03] transparency, performance and [2:12:05] trust. We'll start with the [2:12:08] staff presentation >> [2:12:34] . >> good afternoon. I'm matt. [2:12:37] I'm the director of public [2:12:38] works and with me is monica [2:12:39] wiley, the deputy director for [2:12:41] animal care and services. We [2:12:44] will have a very brief [2:12:45] presentation to highlight some [2:12:46] of the findings and or [2:12:47] recommendations included in the [2:12:49] civil grand jury report that [2:12:51] was submitted to us in may. [2:12:55] first, we'd like to thank the [2:12:56] civil grand jury for their [2:12:57] review and investigation and [2:12:59] report for recommendations for [2:13:01] improvements at the animal care [2:13:02] center and our services that we [2:13:04] provide to the public. We also [2:13:06] want to thank them for their [2:13:07] acknowledgment of the progress [2:13:08] that's been made and the [2:13:09] commitment that we have to [2:13:11] improving our services to our [2:13:13] animals and to the people that [2:13:14] care for our animals. You'll [2:13:16] see that there's five findings [2:13:17] and the way this is structured [2:13:18] as you know because you did the [2:13:19] civil grand jury report last [2:13:21] week for one of them you have [2:13:22] civil war in the next couple [2:13:23] of weeks. The there's five [2:13:27] findings which we have to [2:13:28] respond if we agree, disagree [2:13:29] or partially in total and then [2:13:31] we have recommendations whether [2:13:32] they're implemented partially [2:13:33] or when they're going to be [2:13:34] implemented. So first just a [2:13:35] quick slide of all the [2:13:36] findings. We agree with all [2:13:38] of the findings that they have [2:13:40] except for one we partially [2:13:41] disagree and that's because we [2:13:43] think it's factually different [2:13:44] that we did not the number [2:13:47] of animals two taken by rescues [2:13:50] declined since 2001 they did [2:13:52] with cats but not with dogs. [2:13:53] dogs actually increased quite a [2:13:55] bit since 2021. So digging [2:14:00] deeper a little bit here on [2:14:04] finding one they recommended [2:14:06] the finding was that there was [2:14:07] a ventilation system error in [2:14:08] the facility. That's true. It [2:14:10] was a facility piece that was [2:14:12] under repair and there was an [2:14:14] improvement being done at the [2:14:15] time there were no animals in [2:14:16] the room. We got our facilities [2:14:18] folks out there and remediated [2:14:20] that that next week finding two [2:14:23] was the animals rescue partners [2:14:24] declined to that's where we [2:14:25] disagreed and pardon the [2:14:27] recommendation is that he needs [2:14:28] to develop a plan and timeline [2:14:29] to repair to expand the [2:14:31] relationship. We have expanded [2:14:33] relationships. We have more [2:14:34] relationships last year that [2:14:35] doesn't mean the animals. So [2:14:37] the relationship with different [2:14:38] rescue partners was actually [2:14:39] at its highest point last year [2:14:41] than it was in the last five [2:14:42] years. This is an evergreen [2:14:45] process. We need to continue to [2:14:46] work on relationships like [2:14:47] every relationship some in the [2:14:49] past we've had relationships [2:14:52] go away where they weren't [2:14:53] pleased with working with us [2:14:54] for a period and then those in [2:14:56] this last year have returned. [2:14:58] we have new relationships that [2:15:00] were added. In fact one of the [2:15:01] dog rescues pulled more animals [2:15:04] from us than any species across [2:15:07] any group in the last five [2:15:09] years in a single year just [2:15:10] last year alone finding three [2:15:14] the current provisions of spay [2:15:15] neuter is insufficient. We [2:15:17] agree we should expand public [2:15:19] to spay neuter either at the [2:15:21] shelter or to community service [2:15:22] partners. That's true. We agree [2:15:24] we have implemented that. We [2:15:25] have had more surgeries. Each [2:15:27] of the last three years than [2:15:28] the preceding year and we need [2:15:30] to continue to do more and [2:15:32] staff is committed to [2:15:33] increasing that and council [2:15:34] provided us additional [2:15:36] resources this budget cycle for [2:15:38] additional spay neuter [2:15:39] relationships funding funding [2:15:42] for we have changed some data [2:15:46] categories and historically not [2:15:49] consistently noted them. We [2:15:51] agree that we changed [2:15:52] categories. We did note them in [2:15:54] our annual report. One of the [2:15:56] things that we in a way [2:15:58] disagreed with what the civil [2:15:59] grand jury said and pointing to [2:16:01] what we have in terms of our [2:16:02] public data and our public [2:16:03] portals in terms of what the [2:16:05] actual true information is. For [2:16:07] example, the city must provide [2:16:09] accurate, clear complete data [2:16:10] to the public to assess a [2:16:11] performance. One of the things [2:16:14] we've chosen to do is lean [2:16:16] forward and be very progressive [2:16:17] about our data going out with [2:16:19] an open data portal in real [2:16:20] time. That means as the [2:16:22] condition of the animals change [2:16:23] over time we have to change the [2:16:25] information we have into the [2:16:26] public. The way I think of this [2:16:28] in the way staff thinks about [2:16:30] this is is if a person going [2:16:32] into the hospital they go in [2:16:33] one condition and things [2:16:35] change. They sometimes improve, [2:16:36] they sometimes decline, [2:16:38] sometimes they have to go to [2:16:39] another place before they end [2:16:40] up going home to a foster [2:16:42] system or a foster care or [2:16:44] something like that. So it [2:16:45] changes quite a bit as we see [2:16:46] it now in our response back in [2:16:49] the memo it was I want to think [2:16:52] that it's clear that our annual [2:16:54] report, our annual reporting [2:16:55] numbers are the true audited [2:16:57] numbers for the animals that we [2:16:58] served over the period of that [2:17:00] past year. Any in the [2:17:03] intermittent time it changes [2:17:04] quite a bit. So yes we change [2:17:05] it. We don't indicate every [2:17:06] single time we change. Whereas [2:17:08] last fiscal year when we we [2:17:11] presented our annual report we [2:17:13] noted that we had to in [2:17:15] alignment with the city audit [2:17:17] to align our data practices. We [2:17:19] had to adjust the data [2:17:20] categories and the data [2:17:21] reporting structures and we did [2:17:23] that for the prior year as [2:17:24] well. So we had two ways to [2:17:26] compare apples to apples fiscal [2:17:28] year over fiscal year. Item [2:17:30] four be worse as I will not be [2:17:31] implemented. This is something [2:17:32] that was at contention during [2:17:34] our audit and that we came to [2:17:35] an agreement with the seattle [2:17:37] city auditor about how we would [2:17:39] present our ability to show how [2:17:43] what our capacity is at any [2:17:44] given time as it's listed in [2:17:47] the report by the civil grand [2:17:49] jury. It's extremely tricky to [2:17:52] say what is our capacity? It's [2:17:53] not the amount of cages that we [2:17:55] have. It's not the amount [2:17:56] of professionals that we have. [2:17:58] it's it's also the the [2:18:00] condition of the animals that [2:18:01] we have. And so it's an [2:18:02] algorithm how do you get the [2:18:03] data system to present it? It's [2:18:06] an incredibly labor intensive [2:18:08] to make that happen in any [2:18:09] meaningful way. What we agreed [2:18:11] to is have a a status a shelter [2:18:14] update dashboard that shows how [2:18:15] many animals are in the [2:18:16] building at any given time and [2:18:18] that gets presented and there's [2:18:19] a dashboard for that to say [2:18:21] that we have because the [2:18:22] condition at some point the [2:18:24] number of kennels is 530 but [2:18:27] that doesn't mean we can care [2:18:28] for 530 animals responsibly [2:18:30] at any given time if they're in [2:18:32] a condition that is severely [2:18:34] negative. We need a lot more [2:18:35] staff time to do it or if we [2:18:37] have a smaller staff staffing [2:18:40] at any given time we might not [2:18:41] be able to care for as many [2:18:42] animals so that get capability [2:18:44] of conditioning of caring for [2:18:46] them is can be very tricky to [2:18:48] get a data system to present [2:18:49] our ability and then the other [2:18:53] ones are implemented as we get [2:18:56] going through each and then the [2:18:58] last one is the four d the city [2:19:00] should issue the number [2:19:03] of animals that were turned [2:19:04] away. We have been collecting [2:19:07] information and the question is [2:19:09] do we have it ready to present [2:19:10] into a dashboard so the public [2:19:11] can see how many we turn away [2:19:13] at any given time. We don't [2:19:15] have that system built yet. It [2:19:18] came in this recommendation and [2:19:19] as it's transitioning over to [2:19:20] pyrenees well I wanted to give [2:19:23] staff time some some time to [2:19:25] figure out how to transition [2:19:26] the information that they're [2:19:27] gathering and what's the [2:19:29] appropriate place or pace to [2:19:30] report out how many animals [2:19:32] they turn away that are healthy [2:19:34] at any given time due to the [2:19:35] capacity in the building >> [2:19:39] five there's a trust gap [2:19:41] between animal care and some [2:19:44] and yes that's true. I would [2:19:46] say that's true of almost any [2:19:47] relationship at times there's [2:19:48] trust gaps and we continue to [2:19:50] work on it. We have worked on [2:19:51] it. We will continue to work on [2:19:53] it. Monika has brought in our [2:19:55] community forums and there's [2:19:56] been there's three cycles that [2:19:58] have happened. We keep pushing [2:19:59] on more. They've got more [2:20:00] scheduled through the fall. It [2:20:02] is a commitment of animal care [2:20:04] staff to ensure that we [2:20:06] continue to work on the [2:20:07] relationship with the goal [2:20:08] of having a relationship [2:20:09] of trust. That takes time. We [2:20:11] obviously have harmed that [2:20:13] relationship over time and so [2:20:14] we need to build that over time [2:20:15] with confidence. One of the [2:20:18] things they asked for is a [2:20:20] public report on the audit [2:20:21] findings. We believe that's [2:20:23] implemented because one the [2:20:24] city order published all of the [2:20:26] things that we did on all [2:20:27] of our audit items and we did [2:20:29] the unprecedented thing. I [2:20:30] don't think there's any audit [2:20:31] that has a public web page with [2:20:32] all of the documents presented [2:20:34] in one place with all of the [2:20:35] things that were produced as a [2:20:36] result of that audit it still [2:20:38] stands today that will stay up [2:20:39] for a while. It should stay up [2:20:40] in perpetuity until we change [2:20:41] policies and do something [2:20:43] different. The community [2:20:45] advisory committee and talking [2:20:47] with both john cicero here the [2:20:50] parks rec and rex and [2:20:52] neighborhood services and [2:20:53] monica they do want this and so [2:20:55] this is something they're going [2:20:55] to build over the fall with a [2:20:57] commitment of having built up a [2:20:58] team to have their community [2:21:00] advisory group. They will have [2:21:01] that in place before the end [2:21:03] of the calendar year and then [2:21:05] public needs assessment. We've [2:21:06] wanted to do this for many [2:21:07] years. It just hasn't reached [2:21:09] to the priority that we need to [2:21:11] get that achieve. We could get [2:21:13] that achieved right now we had [2:21:14] too many other urgent things to [2:21:15] work on and so we do think this [2:21:18] is good because if we are [2:21:19] shooting for more spay and [2:21:20] neuter or for more services we [2:21:22] need to really understand what [2:21:23] that community need is to know [2:21:25] what goal we're shooting at and [2:21:27] to define and provide you the [2:21:28] direction the opportunity to [2:21:30] say we want san jose to be this [2:21:32] part of that problem set and so [2:21:34] that community assessment and [2:21:36] that survey we have a there's a [2:21:38] study period to see if we have [2:21:39] all the right resources and [2:21:40] tools to do it. If we don't [2:21:42] have it will come to you in the [2:21:44] fiscal year for the budget to [2:21:45] make sure that we get allocated [2:21:46] resources to pull that off [2:21:48] again, we like to think so as [2:21:51] noted in both my report and [2:21:53] other places, the shelter [2:21:56] animal care and services has [2:21:57] transitioned to the parks [2:21:58] recreation and neighborhood [2:21:59] services department. We hope [2:22:01] we've set a foundation from [2:22:03] which they can continue to [2:22:04] grow. We appreciate the grand [2:22:06] jury's recommendations and this [2:22:07] opportunity to reflect on the [2:22:09] progress we've made. We welcome [2:22:10] your questions. >> thanks, [2:22:12] matt. Monica, appreciate the [2:22:13] response. Thank you to the [2:22:14] grand jury for your report >> [2:22:16] toni, let's go to public [2:22:17] comment first. Okay? Again, as [2:22:23] a reminder, speakers must [2:22:24] comply with the city's code of [2:22:25] conduct for public meetings. [2:22:26] please come comments to the [2:22:28] body limit remarks to the [2:22:29] agenda item and observe the [2:22:31] time limit conduct that [2:22:32] materially disrupts the meeting [2:22:34] or interferes with others [2:22:35] ability to participate may [2:22:36] result in muting or removal as [2:22:38] authorized by law. I'm going to [2:22:39] start with the in-person [2:22:40] speakers why don't you hear [2:22:42] your name? Come on down first [2:22:44] person on the microphone [2:22:45] go ahead and speak the others [2:22:46] line up behind that person I [2:22:48] have samuel dana hayes, lynn [2:22:53] paulson and and lynn bell. >> [2:22:58] come on down. Hello. My >> name [2:23:05] is lynn paulson. I spoke to you [2:23:06] twice in the last year about [2:23:07] issues when I tried to rescue [2:23:09] two different dogs from being [2:23:10] killed at the san jose animal [2:23:11] care center. I if you plan to [2:23:13] move >> forward from the grand [2:23:15] jury report, it's important [2:23:16] that you increase your [2:23:17] engagement as the animal care [2:23:19] center moves to this different [2:23:20] administrative department. I've [2:23:22] sent you a letter indicating [2:23:23] thanks for some actions [2:23:25] director wiley and the center [2:23:27] have taken but also listing [2:23:29] some open issues. Too many cats [2:23:31] and dogs are being killed in [2:23:33] the last fiscal year 154 dogs, [2:23:36] 715 cats and 496 kittens were [2:23:39] killed. There may be a newly [2:23:41] documented euthanasia process [2:23:43] but the detailed criteria have [2:23:45] not yet been made transparent. [2:23:47] there's not enough being done [2:23:48] to stop the incoming volume [2:23:50] of animals such as the actions [2:23:51] they referred to. We need to [2:23:53] increase the spay and neuter [2:23:54] services. >> there are too many [2:23:56] cases of retribution towards [2:23:58] staff or volunteers who've been [2:24:00] summarily dismissed. Please [2:24:01] listen to the community. We [2:24:03] count on your leadership >> to [2:24:04] address the issues. Thank you [2:24:06] that your time next speaker [2:24:09] also come on down save the [2:24:10] cats. >> good afternoon. [2:24:16] my name is dana hayes. I am a [2:24:18] foster tnr volunteer and an [2:24:20] advocate first van neuter. Last [2:24:22] week in district six I worked [2:24:25] on a hoarding situation with 77 [2:24:27] cats and kittens. This is the [2:24:32] result of unchecked [2:24:33] reproduction and I appreciate [2:24:36] the grand jury's work and [2:24:37] recognizing the challenges [2:24:38] faced with animal services. But [2:24:40] the root of many shelter [2:24:41] problems is the animal [2:24:43] overpopulation and we need to [2:24:45] focus on prevention and turn [2:24:47] off the faucet rather than [2:24:48] continually mopping up the [2:24:50] mess. I recognize there is a [2:24:52] national veterinarian shortage [2:24:54] however, with two in-house [2:24:55] surgery suites not being foley [2:24:57] utilized and ongoing vacancies, [2:24:59] there may be other factors [2:25:00] worth examining. I would urge [2:25:02] the city auditor to review the [2:25:04] applicant pool recruitment [2:25:05] efforts and hiring outcomes to [2:25:07] identify barriers barriers the [2:25:09] city can address. I also ask [2:25:12] that the city reconsider their [2:25:14] policy >> of grant not hiring [2:25:17] and >> next speaker amy jahn [2:25:20] come on down >> and america. [2:25:25] hello, my name is andy shayne. [2:25:27] I live in hamilton place in [2:25:28] willow glen. I've been coming [2:25:29] to these city council meetings [2:25:31] for the last few years to [2:25:32] express my concerns regarding [2:25:33] the san jose animal shelter. [2:25:35] when are you guys going to [2:25:36] finally listen to us? I feel [2:25:39] this there are many problems [2:25:42] that affect the animals in [2:25:43] their care. I feel this is [2:25:44] foremost due to the management [2:25:45] they're firing two long term [2:25:47] volunteers because they took [2:25:48] pictures or videos of the dogs [2:25:50] to help network them is [2:25:51] unacceptable. How do you fire a [2:25:53] volunteer? They're volunteering [2:25:55] their time to help dogs get [2:25:56] their forever home. The shelter [2:25:58] should be appreciative of this. [2:25:59] I've been a volunteer a dog [2:26:01] volunteer at the humane society [2:26:02] of silicon valley. They [2:26:04] encourage us to take videos and [2:26:05] pictures because it truly does [2:26:07] help the animals get a home. [2:26:10] why did yukon have to use their [2:26:11] light for being inside a dog? [2:26:14] he made one mistake and one [2:26:16] knee reaction by this [2:26:17] administration caused the dog [2:26:19] to lose their life. You have a [2:26:21] lot of money to give to this [2:26:22] shelter over and over the years [2:26:24] and nothing is changing. When [2:26:25] are you going to finally >> [2:26:26] listen that your time next [2:26:28] speaker. Amelia >> mccluskey [2:26:31] come on down. Good afternoon. [2:26:34] my name is samuel. I'm a [2:26:35] volunteer at the oasis. I've [2:26:37] been there for more than a year [2:26:39] and a half with about 700 hours [2:26:42] of dog walking and 100 hours [2:26:44] of driving dogs to be neutered [2:26:46] and spayed. I know the shuttle [2:26:48] quite well. I walk daily with [2:26:51] management. I raise issues with [2:26:54] them. They're considerate. They [2:26:55] fix it. Maybe not the same day [2:26:58] but they fix it. People had [2:27:03] signed a contract with the [2:27:06] shelter and right after they [2:27:08] signed the contract they start [2:27:09] they started breaking the rules [2:27:12] and now they find themselves [2:27:13] out and they're going to have a [2:27:15] rally. 5:00 out there talking [2:27:18] about dog on volunteers. So I'm [2:27:22] here to give a testament. The [2:27:24] shelter management does not on [2:27:25] volunteers. They walk with [2:27:27] volunteers who want to walk [2:27:28] with them. If they want to [2:27:30] demonstrate outside. They [2:27:32] should be out. Thank you. Thank [2:27:35] you. Next speaker >> I urge you [2:27:43] not >> to accept the response [2:27:44] to civil grand jury report. [2:27:46] after years of advocates [2:27:47] raising concerns to audit media [2:27:49] stories and now this report, it [2:27:51] is clear that you're still not [2:27:53] listening to us and I'm sure [2:27:54] some of you're on your phone [2:27:55] right now not even listening to [2:27:57] us again. Finding five [2:27:59] identifies a trust gap between [2:28:00] the shelter and the community [2:28:02] and calls for transparency, [2:28:03] responsiveness and meaningful [2:28:05] engagement even with critics. [2:28:07] but look at recommendation for [2:28:09] the it calls for the city to [2:28:11] publicly report how many [2:28:12] animals are turned away. The [2:28:14] city claims its transparency [2:28:15] recommendations are [2:28:16] implemented. And yet says this [2:28:19] basic information won't be [2:28:20] posted until april 2020 >> [2:28:22] seven. How is that [2:28:24] transparency? The grand jury [2:28:26] also identified insufficient [2:28:27] spay neuter capacity and [2:28:29] declining rescue transfers [2:28:31] while its budget has grown to [2:28:33] 17.5 million. Why are animals [2:28:36] still being set aside for spay [2:28:38] neuter? Why are there no vets [2:28:40] on the weekends? Why is medical [2:28:41] and operation >> still full? [2:28:44] the next speaker. I am a long [2:28:50] time tax volunteer. I have [2:28:51] volunteered there for five [2:28:52] years and I was one of the [2:28:54] volunteers who was terminated [2:28:56] recently. I'm here to speak [2:28:57] about finding number five the [2:28:58] civil grand jury report the [2:29:00] significant trust gap between [2:29:02] animal care services and the [2:29:03] community. I have experienced [2:29:05] that erosion of trust [2:29:06] firsthand. There is a lack [2:29:08] of collaboration, transparency [2:29:09] and accountability. Instead [2:29:11] of working with volunteers [2:29:12] toward the shared goal [2:29:13] of helping animals, the shelter [2:29:15] is increasingly creating [2:29:16] barriers. Most concerning lea [2:29:18] saying >> that saying simply [2:29:20] that an audit or grand jury [2:29:22] recommendation has been [2:29:23] implemented does not mean that [2:29:25] it's actually being followed. [2:29:26] we have seen dogs even now even [2:29:28] today being euthanized who do [2:29:30] not appear to meet the the [2:29:32] shelter's own euthanasia [2:29:34] criteria and volunteers who [2:29:36] raise these concerns are being [2:29:38] dismissed. Removing volunteers [2:29:39] will not remove the underlying [2:29:41] problems that we bring to [2:29:42] light. If the city truly wants [2:29:44] to rebuild trust as tracks need [2:29:46] to work with the volunteers not [2:29:48] around them, we need to thank [2:29:50] you that your time and genuine [2:29:52] >> collaboration. Next speaker [2:29:57] I want to know how things [2:29:58] got so far that a grand jury is [2:30:00] involved in this. I mean come [2:30:02] on people. This is governance [2:30:04] for cities. 101 if you're going [2:30:06] to take a class on it, you need [2:30:08] to be able to control the cat [2:30:09] and dog population without [2:30:11] having these kind of problems. [2:30:12] >> I mean these volunteers do [2:30:15] great work and having too >> [2:30:17] many cats outside brings down [2:30:19] the coyotes. Anyone seen a [2:30:21] coyote rogue roaming around [2:30:22] your neighborhood in the middle [2:30:24] of the suburbs? That's why >> [2:30:26] they got these feral cat [2:30:27] colonies in there. They come [2:30:28] down and they eat them sort [2:30:30] of mountain lions too. I've [2:30:31] seen them. Believe it or not, [2:30:33] not too far from where I live. [2:30:35] so the city needs to get their [2:30:37] act together, not be so [2:30:38] nonchalant and try to control [2:30:40] the cat and dog population. How [2:30:42] hard could it be? It's not. I [2:30:44] mean can you imagine this this [2:30:46] city is running this is like [2:30:47] mississippi or something. Come [2:30:49] on people. Get it straight. [2:30:52] thank you. Your next speaker. [2:30:57] >> so I have never seen any [2:31:00] city would have a county civil [2:31:03] grand jury report. Does that [2:31:05] mean that you guys were sued? [2:31:07] do you have dogs that are [2:31:08] biting people? It is scary. I [2:31:10] don't think I'm going to come [2:31:11] and help you guys next time [2:31:13] even if you guys invite me. [2:31:15] fellow americans, you guys [2:31:17] really need to maybe ask your [2:31:20] city government to stop [2:31:22] squandering your tax dollars as [2:31:24] loans to help builders and help [2:31:27] wealthy real >> estate [2:31:28] developers. And why is our our [2:31:31] entire state and especially a [2:31:34] rich city that is so close to [2:31:36] silicon valley run on [2:31:37] volunteers? Only one only one [2:31:41] answer. You must be communists. [2:31:43] that's what communist [2:31:44] government do. You guys >> take [2:31:47] property you guys take away [2:31:48] from people and enrich your own [2:31:50] pockets. And that's why real [2:31:52] estate sharks has a taste [2:31:55] because those communist [2:31:57] government that are corrupt [2:31:59] they buy cash. Thank you. Next [2:32:00] speaker. >> yeah, after this [2:32:05] speaker I'll go to rebecca [2:32:06] online. Hello. I'm a san jose [2:32:11] native from district three. I [2:32:14] would like to thank the [2:32:14] volunteers and staff whose work [2:32:16] I imagine can be gratifying, [2:32:18] heartbreaking and sadly never [2:32:20] ending. I'm concerned about [2:32:22] recent news news reports [2:32:23] regarding the firing of long [2:32:25] term volunteers for violating [2:32:26] the questionable rule against [2:32:28] photography. There is no hipa [2:32:30] in animal care. As a citizen [2:32:32] this arbitrary rule makes it [2:32:34] seem that whoever's in charge [2:32:35] has something to hide. Our [2:32:37] animals and volunteers deserve [2:32:39] better. I ask that the council [2:32:41] direct that this rule be [2:32:42] rescinded. Please bring back [2:32:44] these dedicated volunteers. [2:32:46] thank you. Thank you, rebecca [2:32:49] followed by the man rebecca [2:32:59] davis matthews. All right. [2:33:01] sorry. We need to start by [2:33:02] going with sustainable [2:33:03] shelters. I'm part of a larger [2:33:05] group of advocates who have [2:33:06] been coming to these meetings [2:33:07] for almost four years and [2:33:08] repeated pleas for change have [2:33:09] fallen on deaf ears. When it [2:33:11] comes down to it, trust and [2:33:12] complacency are figured in the [2:33:14] grand jury report. Shelter [2:33:16] management needs to take a hard [2:33:17] look at rebuilding trust with [2:33:18] the community. Take a look [2:33:20] at any found animal related [2:33:21] posts on social media and you [2:33:22] will see comments from members [2:33:23] of the public stating that [2:33:24] animals should not be taken to [2:33:26] the shelter because of the many [2:33:27] adopted cruel dogs silently [2:33:29] euthanized or put on a final [2:33:31] because of the many cats [2:33:32] euthanized behind the scenes or [2:33:33] listed as final for treatable [2:33:35] conditions like ringworm. [2:33:37] complacency current shelter [2:33:38] management is complacent and [2:33:40] disbelief that changes have [2:33:41] been made. There are still many [2:33:43] gaps in services most notably [2:33:44] the public spay neuter program [2:33:46] which currently has 1 to 2 days [2:33:48] of tnr per week when it should [2:33:49] be 4 to 5 days of both tnr and [2:33:51] services for own pets in house. [2:33:54] with the continued explosion [2:33:55] of puppies and kittens in our [2:33:56] area, the time is now to return [2:33:58] the shelter to its former role [2:34:00] in supplying a robust >> demand [2:34:04] followed by brian mann. If [2:34:14] you're on the phone it star six [2:34:15] to unmute >> someone. Good [2:34:20] afternoon. My name is mike [2:34:21] wagner. I have a fascinating [2:34:23] observation to share with all [2:34:24] of you. Over the past four [2:34:26] years we've had the management [2:34:27] audit that largely went ignored [2:34:29] back in 2022 as well as a [2:34:31] scathing 133 page city audit by [2:34:33] joe rice and his team. A da's [2:34:35] office criminal investigation [2:34:37] in 2024 led by investigate [2:34:39] owner chrissy durant and now a [2:34:41] civil grand jury investigation [2:34:42] in 25 and 26. The city has also [2:34:45] been sued in santa clara [2:34:47] superior court in 2026 by an [2:34:48] animal welfare advocate and a [2:34:50] former partner of the shelter. [2:34:51] give it all this. It's shocking [2:34:54] that the city has not [2:34:55] terminated a single director [2:34:56] nor has any director received [2:34:58] any disciplinary action even [2:35:00] though over a dozen ethics [2:35:01] violations complaints have been [2:35:03] filed with the city manager's [2:35:04] office. When are people going [2:35:06] to be held accountable? When [2:35:08] are people going to be handled, [2:35:11] held accountable for all [2:35:12] of these animals suffering and [2:35:14] dying over the last four years [2:35:15] >> by brian followed by tina. [2:35:24] >> I would bring up one thing I [2:35:29] read through and sent an email [2:35:31] about it. I've heard the word a [2:35:33] few times and I've heard it in [2:35:34] other situations too is [2:35:36] retaliation that's illegal to [2:35:39] retaliate against the [2:35:40] volunteer, to retaliate against [2:35:42] the citizens to retaliate [2:35:44] against an employee. Those are [2:35:46] actionable. The city has not [2:35:47] done well in lawsuits that have [2:35:48] done that have been similar to [2:35:50] that and it that should be a [2:35:53] critical issue. Firing for [2:35:56] cause having been a volunteer [2:35:58] not for the shelter but for [2:35:59] another organization for making [2:36:01] bringing up concerns [2:36:03] retaliation hurts people. You [2:36:05] know you put your heart and [2:36:06] soul into something and then it [2:36:07] just and then you're no longer [2:36:09] part of anything and it it [2:36:11] should be dealt with seriously [2:36:14] and it doesn't seem like it is. [2:36:16] thank you tina online followed [2:36:19] by kim in person. Hi, good [2:36:24] afternoon. This is tina [2:36:25] murrell. I live in district [2:36:27] three. I want to say thank you [2:36:30] guys for your time. I sent you [2:36:32] some thoughts yesterday via [2:36:34] email but I wanted to focus on [2:36:36] one thing in particular which [2:36:39] is outside of the scope of my [2:36:41] letter to you. I'd like to urge [2:36:43] you to please use your [2:36:44] influence >> as a mayor and [2:36:47] city council at a higher level [2:36:49] to help put through some [2:36:50] policies that will reduce the [2:36:52] cat population or [2:36:54] overpopulation. Assembly member [2:36:56] ash kalra is actively working [2:36:59] on some bills. He had a great [2:37:01] bill. It was to allow vet techs [2:37:04] to be able to spay cats and [2:37:10] unfortunately it didn't pass [2:37:11] but he's putting through some [2:37:12] other ones. Maybe that's a good [2:37:14] place to start. The other thing [2:37:16] that I'd like to invite you to [2:37:18] do is please check out these [2:37:20] places where you have your [2:37:22] voting on go and I. Kim was it [2:37:29] kim yeah. Hi, I'm kim. I just [2:37:35] got here so didn't get to hear [2:37:37] everything. I came here because [2:37:39] I've been watching online all [2:37:41] about the shelter. I have [2:37:43] rescued over 100 dogs so I know [2:37:46] how hard it is to be a [2:37:47] volunteer. It's so hard. I [2:37:48] can't imagine these volunteers [2:37:50] in the shelter watching dogs [2:37:51] get put down. I really >> [2:37:54] believe that the volunteers [2:37:56] need to be looked at. They have [2:37:57] some great, great >> [2:37:58] suggestions. I have tried to [2:38:00] contact you, mayor. I would [2:38:03] suggest some air to answer your [2:38:05] phone because you can't get [2:38:06] through to you. There's less [2:38:08] air. You want to talk to [2:38:09] me later? My company does that [2:38:11] and some of the council people [2:38:12] too. I've tried to like the [2:38:14] phone just rings and if we can [2:38:17] get a consensus of what the [2:38:19] population is looking at I was [2:38:21] shocked >> at how much verbiage [2:38:24] is being talked about council [2:38:25] people, mayors. I can't imagine [2:38:28] how hard it is in this [2:38:29] community with this shelter [2:38:31] with covid and all the dog [2:38:33] population. What you're dealing [2:38:34] with. Thank >> you. That's your [2:38:35] time. I have sue online here. [2:38:44] if you leave it you can leave [2:38:44] it with the clerk. Hi. I just [2:38:48] wanted to say that one of the [2:38:50] things I don't understand and [2:38:52] which I think reflects on [2:38:53] management somehow and this [2:38:55] issue of trust I keep hearing [2:38:57] about is this new volunteer [2:38:59] agreement that restricts [2:39:00] volunteers from taking photos [2:39:02] and videos of animals because [2:39:05] it really does help the animals [2:39:06] get adopted which is the whole [2:39:08] point of the shelter. So I [2:39:11] don't understand why they won't [2:39:13] give them permission to do that [2:39:15] and also the fact that [2:39:16] volunteers have been retaliated [2:39:18] against some of them who have [2:39:21] volunteered at the shelter for [2:39:22] a long time. They're doing this [2:39:24] for free for no money and hey, [2:39:27] you know, it's illegal in the [2:39:28] workplace. Maybe not for [2:39:30] volunteers but that just [2:39:33] doesn't seem right. Thank you. [2:39:35] >> back to council. Okay. Thank [2:39:40] you, toni. Thank you to all [2:39:41] of our public speakers. Before [2:39:42] I turn to colleagues, I'll just [2:39:44] say a couple of quick things. [2:39:45] one, I want to start by really [2:39:47] thanking the volunteers and [2:39:50] animal advocates, not just [2:39:52] those who spoke today but I [2:39:53] know we are very lucky in [2:39:55] san jose to have hundreds [2:39:57] of people who care a lot about [2:39:59] the care of animals in our [2:40:00] community and help in a variety [2:40:02] of ways from walking dogs to [2:40:04] trapping stray cats and getting [2:40:06] them spayed or neutered to a [2:40:08] whole variety of capacity that [2:40:10] they add just for a little bit [2:40:12] of context for those following [2:40:13] along. You go back a few years [2:40:16] ago coming out of the pandemic [2:40:18] we were hit with this wave [2:40:22] of animal releases into the [2:40:24] community during the pandemic. [2:40:25] sadly many people rushed out to [2:40:28] get a pet as they were at home [2:40:30] and then when they returned to [2:40:31] work decided it was too much [2:40:33] trouble and we had a huge [2:40:34] influx of pets. It also was the [2:40:38] case at least in my opinion [2:40:40] that we had been [2:40:41] under-investing in the shelter [2:40:42] and staffing and facilities and [2:40:45] really needed to invest to [2:40:47] modernize and I'm proud of this [2:40:49] council over the last three [2:40:50] years has significantly [2:40:51] increased the investment nearly [2:40:53] doubling investment in the [2:40:55] animal care center just over [2:40:56] the last three years and adding [2:40:58] to staffing. It's also worth [2:41:00] noting we have a new director [2:41:02] so there's been a leadership [2:41:03] change and we are in the [2:41:05] process. We've just moved it [2:41:07] from within public works to [2:41:10] under parks recreation and [2:41:11] neighborhood services. >> a [2:41:14] couple of years ago I and some [2:41:17] colleagues and I put forward a [2:41:18] memo calling for an audit. We [2:41:20] have a very extensive audit [2:41:22] with over 30 recommendations [2:41:24] most of which have been [2:41:25] implemented. So there is a lot [2:41:27] of work to do and to the point [2:41:29] I think you may love trust to [2:41:30] rebuild that isn't it's going [2:41:32] to have to be hard earned. It's [2:41:33] not going to come overnight or [2:41:35] just be because we say we've [2:41:37] implemented policies people are [2:41:38] going to see it and experience [2:41:40] it for themselves and make [2:41:41] their own determination. I do. [2:41:44] I do want to point on what I do [2:41:46] want to push on one item if we [2:41:47] could put the slides back up [2:41:48] and specifically go to finding [2:41:51] three and recommendation three [2:41:55] and I forget the slide number [2:41:56] now but it had to do with our [2:42:00] spay and neuter capacity. This [2:42:02] is something I've been very [2:42:05] focused on in recent years and [2:42:07] in the in my march budget [2:42:10] message which council adopted [2:42:13] we've directed the [2:42:15] administration to go to five [2:42:18] days a week and just again I [2:42:19] think it was said by some folks [2:42:21] during public comment but this [2:42:23] is our best opportunity to get [2:42:24] upstream. I was just actually [2:42:27] with councilmember cohen up [2:42:30] at west winds mobile home park [2:42:32] and happened >> to meet a group [2:42:34] who again voluntarily are [2:42:36] trapping stray cats and getting [2:42:38] them treated and then [2:42:39] rereleasing them and trying to [2:42:42] get upstream of this [2:42:43] proliferation of stray >> cats [2:42:46] and just in that one colony up [2:42:48] there, 250 or more cats and [2:42:50] some folks are lining up [2:42:52] at five in the morning hoping [2:42:53] to get a slot. So the thing [2:42:55] that concerns me and I just I [2:42:56] want to get a little more [2:42:57] detail and push on this a [2:42:58] little bit is >> we put here [2:43:02] recommendation three that the [2:43:04] status is implemented which has [2:43:05] a an air of finality about it [2:43:08] makes it sound like we're done. [2:43:10] then I think you said we're not [2:43:11] >> done or what are our options [2:43:12] in terms of the responses we [2:43:15] can give on status because I [2:43:17] think I think >> we probably [2:43:18] agree but I just want to get on [2:43:19] the record here that we have a [2:43:20] lot of work to do to expand [2:43:22] that capacity as one of our [2:43:24] primary prevention strategies [2:43:26] to relieve all that downstream [2:43:28] pressure that the staff and [2:43:29] volunteers are under. So matt [2:43:31] or monica can you share a [2:43:32] little more about where we are [2:43:34] with this? What's next and is [2:43:36] there any other word we could [2:43:37] use beyond just implemented [2:43:39] which makes it sound done >> [2:43:41] certainly and I did provide it [2:43:43] in the memo and that's. So this [2:43:44] was for the slide purposes that [2:43:46] is just listed as implemented [2:43:47] and there are contacts provided [2:43:49] in the notes in the memo and [2:43:50] which will go back to the civil [2:43:51] grand jury and monica and clean [2:43:53] up any additional things that I [2:43:54] miss. So by implemented it says [2:43:57] in so the recommendation is to [2:43:59] increase and expand spay neuter [2:44:01] surgeries if that's if that's [2:44:04] the marker then it is implement [2:44:06] we did increase and expand it [2:44:08] needs to increase and expand [2:44:10] more. You provided us new [2:44:11] resources in july that could [2:44:14] that will be used to expand [2:44:15] resources this fiscal year and [2:44:17] so and we've increased each [2:44:19] of the last three years double [2:44:20] digits the prior two years and [2:44:22] high single digits last year it [2:44:25] will be reported at the annual [2:44:26] report what the actual numbers [2:44:28] are in october so in just a [2:44:29] couple of months time like six [2:44:30] weeks time, monica will be [2:44:33] presenting the annual report [2:44:34] for the actual figures from [2:44:36] last year. It was just shy [2:44:38] of the target that I had sent [2:44:39] them but they also had a staff [2:44:41] member was gone for about five [2:44:42] months of the year due to be on [2:44:44] leave and there's so we have [2:44:47] increased even at a decreased [2:44:50] staff capacity and for the [2:44:52] first 6 or 7 months of this [2:44:54] year that last fiscal year [2:44:56] staff was spending a tremendous [2:44:57] amount of time implementing the [2:44:59] 39 automated audit items. They [2:45:02] were spending a lot of time to [2:45:03] build both the policies and [2:45:04] procedures and training and all [2:45:05] of the things that are part [2:45:06] of that. Again you see [2:45:09] detracting a little bit from [2:45:10] our capacity to perform but it [2:45:11] was we weren't able to provide [2:45:12] necessarily as many surgeries [2:45:14] as we had hoped for because we [2:45:15] were building all those things [2:45:16] so that we can have a place to [2:45:17] grow from and so there is an [2:45:19] increase but it is not the [2:45:21] target that we're setting. It [2:45:21] will be increased higher this [2:45:23] year and the goal is to get to [2:45:24] a certain amount and I'll let [2:45:25] the team in october set what [2:45:27] their stuff is for this year. [2:45:29] okay. And when we come back and [2:45:32] continue with this discussion [2:45:34] in october, would that be the [2:45:35] best time for us to understand [2:45:38] for you to be able to quantify [2:45:40] how much that increase in the [2:45:43] spay and neuter >> services [2:45:45] will be this fiscal year? I [2:45:46] think I will be interested to [2:45:47] know from the beginning of the [2:45:48] fiscal year to the end how much [2:45:50] increased capacity we will get. [2:45:52] yes. So I think that's what [2:45:53] we're hoping is that they'll be [2:45:54] able to produce. So this will [2:45:56] be monica's first full fiscal [2:45:57] year with us as well. She had [2:45:59] gotten in the audit and get [2:46:00] everything staff oriented and [2:46:01] then oriented back to with here [2:46:04] on us and so they have a vision [2:46:06] of what they want to be working [2:46:07] on. They'll be presenting that [2:46:08] to the committee in october and [2:46:10] that this is what we achieved [2:46:11] and this is their vision for [2:46:12] the fiscal year. >> yeah okay. [2:46:14] and I focus on that one again [2:46:16] not because it's the only thing [2:46:17] we need to do. We know there's [2:46:18] from the audit many different [2:46:19] areas we're trying to improve [2:46:20] but it does feel like one [2:46:22] of the most strategic ways for [2:46:24] us to get upstream of the [2:46:25] challenge create some breathing [2:46:26] room for staff and be able to [2:46:27] implement all these other audit [2:46:29] recommendations and kind [2:46:30] of improve overall operations. [2:46:32] I see colleagues want to chime [2:46:33] in. I'm going to turn to them [2:46:35] now and I'll start with [2:46:37] councilmember ortiz. Thank you [2:46:41] mayor. I just want to start out [2:46:42] by thanking our animal care and [2:46:45] services staff. This is [2:46:46] incredibly difficult work and I [2:46:48] recognize that many of the [2:46:49] challenges that we are [2:46:50] discussing today didn't develop [2:46:52] overnight staff have been [2:46:53] working through capacity [2:46:55] pressures, staffing challenges, [2:46:57] veterinary shortages and [2:46:59] increasing demand for services [2:47:01] whilst still caring for [2:47:02] thousands of animals every [2:47:04] year. At the same time I want [2:47:06] to acknowledge our many animal [2:47:08] advocates rescue partners, [2:47:10] volunteers >> and residents who [2:47:12] have continued to >> push this [2:47:13] city to >> do better something [2:47:15] I believe we can do >> the [2:47:17] grand jury makes it clear that [2:47:19] there has been progress but it [2:47:21] also makes it clear that there [2:47:22] are there is still a lot [2:47:24] of work that needs to be done [2:47:25] particularly around transparent [2:47:27] sea rescue partnership spay and [2:47:30] neuter services and building [2:47:32] trust with the community. With [2:47:34] that I have a few questions. [2:47:37] staff is committed to >> [2:47:38] identifying the first cohort of [2:47:40] the community advisory group by [2:47:42] the end of the year. How will [2:47:45] members of the advisory group [2:47:46] be selected and how are we [2:47:48] making sure that some of the [2:47:49] advocates who have been most [2:47:50] critical of this shelter >> [2:47:52] have a seat at the table >> so [2:47:55] I'm going to kick this over to [2:47:56] monica in just a minute because [2:47:57] I won't be implementing this [2:47:58] piece because it'll be after [2:48:00] my term with x and so they will [2:48:02] be so they're going to spend [2:48:04] the next few months evaluating [2:48:06] relationships and kind [2:48:07] of figure out what seats need [2:48:08] to be filled what because they [2:48:10] they need to be in my mind the [2:48:14] different cohorts that they [2:48:15] advocate for or have [2:48:16] information about or have [2:48:17] information about us and so [2:48:19] monica can share what they'll [2:48:22] be a probably 7 to 10 people on [2:48:24] that first cohort just to get [2:48:26] the momentum going and they're [2:48:28] using their community forums to [2:48:29] build relationships with people [2:48:31] and they already have existing [2:48:32] relationships with community [2:48:33] members. Monica would you like [2:48:34] to share? >> >> thank you very [2:48:40] much and yes, to matt's point, [2:48:43] we are actually building out [2:48:45] the framework for this advisory [2:48:47] group and looking at some other [2:48:49] organizations that have such a [2:48:52] group in place to look at their [2:48:53] baseline, what the application [2:48:55] process looks like and the [2:48:57] representation for that [2:48:59] particular group. So john and I [2:49:01] have discussed briefly again [2:49:03] how to get this established by [2:49:05] the end of this year and are [2:49:07] working to build out those [2:49:09] pieces to make it a solid group [2:49:11] to help us move forward in the [2:49:12] community. Appreciate your [2:49:15] response but I don't think [2:49:16] my question was answered how [2:49:17] are the individuals who have [2:49:18] been raising concerns about [2:49:19] transparency going to be [2:49:21] included in this process? I [2:49:25] think depending on how this [2:49:27] group is formatted, will they [2:49:29] communicate with the group? [2:49:31] will that be relayed to the the [2:49:33] shelter itself? I think we're [2:49:34] still building that out. So [2:49:35] definitely transparency is key [2:49:37] for everything and what does [2:49:39] that look like and what [2:49:40] specifically are they looking [2:49:42] for the transparency on that [2:49:43] we're already reporting. So as [2:49:45] far as the group like I said, [2:49:46] we're building that out so we [2:49:47] we will have to build that into [2:49:49] it and get some feedback on how [2:49:51] to do that from the the group [2:49:52] >> because perhaps if since [2:49:55] they'll be in front of the nsc [2:49:56] in just about six weeks time [2:49:59] perhaps if they have a slide on [2:50:00] what they think their initial [2:50:01] thoughts are on that so they [2:50:02] can get both your feedback [2:50:04] feedback and community feedback [2:50:05] on what their thoughts are, [2:50:07] they can have a little more [2:50:08] better form thought for you [2:50:09] know >> the reason why I [2:50:10] mentioned this is because I [2:50:11] believe months ago I had asked [2:50:14] and the community had asked for [2:50:15] a community >> advisory group [2:50:16] and then I believe the [2:50:17] administration pushed back and [2:50:18] then we had these town halls [2:50:19] and then surprise, surprise now [2:50:22] we're being called upon to do [2:50:23] this community >> advisory [2:50:24] group and I would have [2:50:24] appreciated if we would have [2:50:26] went forward months ago since I [2:50:27] asked for it and now we are [2:50:29] doing it and what I don't want [2:50:30] to happen is for individuals to [2:50:32] feel like this community [2:50:35] advisory group was hand-picked [2:50:36] by the administration. I want [2:50:38] to make sure that it is made up [2:50:39] of also the individuals who are [2:50:41] raising concerns and I think if [2:50:43] it's not if we don't include >> [2:50:46] those type of individuals then [2:50:47] the integrity of the community [2:50:49] advisory group is in question. [2:50:51] I want to be clear about that [2:50:54] received >> okay. Thank you. >> [2:50:56] what authority or role will [2:50:57] that group actually have [2:50:59] because I want >> to make sure [2:51:00] as I as I mentioned that we're [2:51:03] not doing any things for show. [2:51:06] I want to make sure that [2:51:07] there's actual concrete [2:51:08] opportunities for people to [2:51:10] provide recommendations and [2:51:11] feedback and then that feedback [2:51:13] will actually influence policy [2:51:15] or operations. And so how are [2:51:17] we going to make sure that that [2:51:18] happens? So absolutely [2:51:24] recommendations and feedback [2:51:26] and then that will be viewed in [2:51:27] conjunction with the operating [2:51:30] procedures for the shelter and [2:51:33] reviewed as such. So this [2:51:35] particular group would not be [2:51:38] have power in that regard. It's [2:51:40] it's an advisory group. Let's [2:51:42] communicate, let's talk let's [2:51:44] build a better shelter. Let's [2:51:46] build a better san jose. Okay [2:51:49] but what okay they're an [2:51:50] advisory group they're [2:51:51] recommendations that are [2:51:53] provided during the meetings. [2:51:54] where does that go? Is that [2:51:55] shared to the council? Is that [2:51:56] reviewed by nsc? I want to make [2:51:59] sure that this >> isn't just [2:52:00] discussions and then there's no [2:52:02] action items or no follow [2:52:03] through. >> that's a great [2:52:06] point and I guess that's what [2:52:07] we'll build in when we have [2:52:09] this product for october to [2:52:10] share. Thank you. That's what I [2:52:12] was I >> was looking for. We've [2:52:13] talked about increasing the [2:52:14] number of rescue partnerships [2:52:16] but how are we measuring the [2:52:18] quality of those relationships? [2:52:19] are we regularly seeking [2:52:21] feedback from our rescue [2:52:22] partners on what's working, [2:52:24] what isn't working and what [2:52:25] barriers are preventing them [2:52:27] from taking in more animals? >> [2:52:29] we currently have a monthly [2:52:31] rescue partner meeting that's [2:52:33] been going on for the last [2:52:34] couple of months with it's with [2:52:36] our current rescue partners and [2:52:38] I leave the meeting there's a [2:52:40] meeting this thursday and there [2:52:41] will be a survey a satisfaction [2:52:43] survey to highlight some pain [2:52:46] points or what's working well [2:52:47] and assess some of their needs [2:52:49] and recommendations from those [2:52:50] groups. And then we're also [2:52:52] looking at how many new groups [2:52:53] we've added, how many active [2:52:55] rescue partners we have because [2:52:57] there are partners that haven't [2:52:59] taken any animals for some [2:53:00] time. And so again building on [2:53:03] that platform and regular [2:53:05] communication. >> thank you. I [2:53:07] appreciate that answer. The [2:53:09] grand jury also recommended [2:53:10] quarterly reporting on the [2:53:11] number of animals turned away [2:53:13] because >> of capacity staff is [2:53:15] proposing to collect that [2:53:16] information reported annually [2:53:18] rather than bringing in [2:53:19] quarterly reports to committee. [2:53:21] I understand that quarterly [2:53:23] reports is is more work for [2:53:25] staff but if we're already [2:53:27] collecting this data is there a [2:53:28] way to automate or publish more [2:53:30] frequently without requiring [2:53:31] staff to prepare a separate [2:53:32] report each time? I would [2:53:36] presume that we'd end up [2:53:37] getting someplace like a [2:53:38] dashboard like we have now [2:53:40] which has active transmission [2:53:41] of information in terms of I [2:53:45] don't it's a it's an [2:53:46] interesting single metric [2:53:49] of what the activity is at the [2:53:50] shelter. There are so many [2:53:51] other activities in addition to [2:53:53] healthy animals if you look [2:53:55] at the recommendation is [2:53:56] healthy animals that are turned [2:53:57] away from the shelter due to [2:53:58] capacity. It's a very narrow [2:54:00] thing compared to all of the [2:54:01] other lives that they touch [2:54:03] there and so to have that as a [2:54:05] regular report issued to a [2:54:07] committee or council seems a [2:54:08] little bit odd considering [2:54:09] compared to compared to all [2:54:10] of the other things and so they [2:54:12] need to work on gathering it, [2:54:13] make sure they have the data [2:54:14] feed and the collection correct [2:54:15] and then publish probably a [2:54:17] dashboard or some other kind [2:54:18] of report likely. But the again [2:54:20] regulated consistent [2:54:21] information usually hits at the [2:54:23] annual report for how many in [2:54:24] total? So as long as it's being [2:54:27] reported and shared in a [2:54:28] dashboard or something like [2:54:29] that, I think that's fine. The [2:54:30] report also >> speaks to the [2:54:32] staffing and capacity [2:54:33] challenges at the shelter as we [2:54:35] ask staff to improve [2:54:37] transparency, expand services [2:54:38] and strengthen rescue [2:54:40] partnerships and implement [2:54:41] these recommendations. Do we [2:54:42] currently have the staffing in [2:54:44] resources to realistically do [2:54:46] all that and if not, what are [2:54:48] the biggest gaps that the [2:54:49] council >> should be aware of? [2:54:55] well I'll go first in the [2:54:56] monitoring. Yeah. So we have a [2:55:00] very low vacancy rate at animal [2:55:02] care and services compared to [2:55:03] other positions in the city. I [2:55:05] would say most of the city has [2:55:06] decreased their vacancy rate [2:55:07] but when it was in public works [2:55:10] and pureness has the same [2:55:11] approach likely is to have a [2:55:13] very aggressive recruiting [2:55:16] footprint in terms of filling [2:55:18] vacancies for that service. I [2:55:22] think the community survey will [2:55:23] indicate where the biggest gaps [2:55:25] are compared to what we [2:55:25] currently have in terms [2:55:27] of service delivery in terms [2:55:29] of what the what the community [2:55:30] needs and then with council we [2:55:34] can define what is the role [2:55:36] of san jose's animal shelter in [2:55:38] filling that role that need. [2:55:40] and so I think it's a little [2:55:41] premature to say what the [2:55:42] biggest gap is some of the [2:55:43] hardest things to recruit I can [2:55:45] talk to that registered vet [2:55:47] techs and veterinarians are the [2:55:48] two hardest classifications to [2:55:50] recruit. We're always [2:55:51] recruiting for animal care [2:55:52] attendants because it's a very [2:55:53] transient class because they're [2:55:55] very new workers in the work [2:55:56] environment and so they find [2:55:58] out that the job is not for [2:55:59] them and they move on or and so [2:56:01] we have a lot of movement [2:56:02] there. But the hardest to [2:56:03] recruit still remains [2:56:04] veterinarians, even part time [2:56:06] veterinarians we've been [2:56:07] recruiting for those endlessly [2:56:08] seeking and interviewing [2:56:10] monthly or every other month [2:56:11] new vet to try to get through. [2:56:13] we've tried multiple things and [2:56:14] they're going to continue to [2:56:15] try multiple things to get [2:56:16] that. All right. I might [2:56:18] my light is blinking so it's [2:56:20] my last question on >> spay and [2:56:21] neuter services council has [2:56:23] already approved additional [2:56:24] funding to expand capacity. Can [2:56:27] you talk about what we can [2:56:27] expect to >> see in terms [2:56:29] of expanded spay and neuter [2:56:30] services over the next few [2:56:31] months? And as we increase that [2:56:33] capacity, do we have a sense [2:56:34] of what >> level of service we [2:56:35] ultimately need to reach to [2:56:37] meaningfully reduce the number [2:56:39] of animals entering our [2:56:40] shelter? Well, monica gets the [2:56:41] specifics. I think I answered [2:56:42] that in part to the mayor not [2:56:44] to try to punt off the question [2:56:45] is we do believe that increase [2:56:49] spay neuter is a is a need for [2:56:50] the community and the shelter [2:56:52] is committed to doing more. And [2:56:54] so in october when they're in [2:56:57] front of you at a.s. They'll [2:56:58] presenting this is what we [2:56:59] achieved and this is the target [2:57:00] and this is what we expect in [2:57:01] terms of growth. This is what [2:57:03] we're targeting for additional [2:57:04] resources. I know they're [2:57:05] soliciting additional vendors [2:57:07] to help support in that because [2:57:08] that's specifically what the [2:57:09] budget was targeted for and so [2:57:11] we're going to see what that [2:57:13] number gets us, what that [2:57:14] dollar amount that was [2:57:14] provided, how many more spay [2:57:16] neuter surgeries can be [2:57:17] provided with that and that'll [2:57:18] get reported to the committee [2:57:19] in october. Thank you. [2:57:21] appreciate the presentation. [2:57:22] look forward to my colleagues [2:57:23] questions. Councilmember mayor [2:57:27] if I would like to address a [2:57:28] little bit of the community [2:57:29] engagement questions that you [2:57:30] had and clearly we're still [2:57:32] working out a lot of the [2:57:32] details. Right. So we're not [2:57:34] prepared just right today to [2:57:36] kind of give you all the the [2:57:37] logistical but I do want to [2:57:39] address a dynamic that is it's [2:57:42] easy to talk about and harder [2:57:44] to do. You know, when you know, [2:57:46] I want to I want to be >> real [2:57:48] clear that staff is is [2:57:50] completely open to critical [2:57:52] opinions, perspectives, ideas, [2:57:54] even contrarian ideas. Steph is [2:57:56] definitely open to that. Where [2:57:59] it's >> problematic is when [2:58:02] some of those perspectives or [2:58:03] the advice is in all comes from [2:58:05] an all or nothing approach or [2:58:06] comes from a we want you to [2:58:08] hire this person and fire this [2:58:10] person and where where some [2:58:11] of the lines get blurred. And [2:58:13] so I just want to kind of, you [2:58:16] know, put the caveat out there [2:58:17] that as we convene this group [2:58:19] we need to find people that [2:58:20] understand that transparency [2:58:22] goes two ways, communication [2:58:24] goes two ways trust is built [2:58:27] two ways and unless people [2:58:30] including us, the city are [2:58:31] willing to kind of come to this [2:58:33] work in a way in a manner where [2:58:35] we're putting the best [2:58:36] interests of the animals under [2:58:38] our care first then I think it [2:58:40] will be successful otherwise [2:58:41] we'll end up in this continual [2:58:43] stalemate. I will say that [2:58:45] there are a lot of other [2:58:47] perspectives that you won't [2:58:48] hear today or you won't hear [2:58:49] publicly because it's very [2:58:50] difficult for someone to come [2:58:51] up and say you know what, we [2:58:53] support staff in these [2:58:54] different efforts. But anyway, [2:58:56] I just wanted to highlight the [2:58:57] obvious because that is a [2:58:59] dynamic that we rarely talk [2:59:01] about but it plays out on a [2:59:02] daily basis and is very tough [2:59:05] on staff to to work in that [2:59:07] environment where it's all or [2:59:08] nothing. There's a lot of gray [2:59:10] area here that we've got to [2:59:11] navigate and so I just wanted [2:59:12] to kind of just put that out [2:59:13] there because this will be [2:59:15] tough work. No, I totally [2:59:17] understand that angel and I [2:59:19] think that is fair. I just want [2:59:22] to make sure that as we do this [2:59:24] community advisory group we do [2:59:27] so by choosing individuals from [2:59:29] all different sides of the [2:59:30] aisle and all different [2:59:32] perspectives >> because you [2:59:34] know then there will be [2:59:35] questions about the integrity [2:59:37] of the committee and you know, [2:59:38] to be brutally honest I have to [2:59:39] work with people who don't [2:59:41] agree with my votes, who don't [2:59:42] agree with what I've done as a [2:59:44] council member. That's called [2:59:45] being a public servant. And so [2:59:47] unfortunately we we have to do [2:59:49] hard things. And you know, you [2:59:50] mentioned, you know, people [2:59:52] talking >> about hire and fire. [2:59:54] this has been >> going on for [2:59:55] years. You know this was going [2:59:57] on in my council office. [2:59:59] somebody would have recalled [3:00:00] me somebody or I wouldn't have [3:00:01] got elected. And so there is a [3:00:03] question about and I know [3:00:04] monica you're new but to [3:00:06] me personally >> there is a [3:00:07] question about how can we [3:00:08] continue to be in the news, how [3:00:09] can we continue to have [3:00:10] problems and nobody has lost [3:00:12] their job that that is that is [3:00:14] a concern for me and I've [3:00:15] personally mentioned that to [3:00:16] matt. Thank you. Thanks, [3:00:20] councilmember >>. Appreciate [3:00:20] your good questions and [3:00:22] advocacy. Let me turn now to to [3:00:24] one >> thank >> you mayor. [3:00:29] thank you to the speakers and [3:00:31] the volunteer hours and the [3:00:33] rescue partner that come out [3:00:35] and address your concern. I'd [3:00:40] like to thank the staff for the [3:00:41] report and the work to have [3:00:43] gone through the audits and we [3:00:46] revise and hopefully we can [3:00:48] find a better solution and I [3:00:51] know that sometimes that [3:00:53] solution may not meet the [3:00:56] perception or understand [3:00:57] of other but we'll do our best. [3:01:00] but in november 2020 for [3:01:02] my office along with [3:01:04] councilmember combet, [3:01:06] councilmember ortiz and the [3:01:07] mayor brought forth a memo [3:01:09] regarding you know, the [3:01:11] san jose animal care services [3:01:13] audit and those audit was >> [3:01:15] very clear on a lot of issues [3:01:18] that we need to work on and to [3:01:20] now >> I believe how many those [3:01:23] >> audits recommendation >> [3:01:25] have we completed all of them. [3:01:27] all of them okay that's that's [3:01:31] thank you for doing that and [3:01:33] even then we still have other [3:01:34] work to do. And >> in that memo [3:01:38] that we put out in 2000 2424 we [3:01:42] call for a work plan to expand [3:01:44] the low cost space and neuters [3:01:46] and so on and I understand that [3:01:48] you're working with milpitas as [3:01:50] well as private vet to do those [3:01:55] spaces and neuter is is that [3:01:58] correct? We are contracted with [3:02:01] the city of milpitas to provide [3:02:02] them sheltering and animal [3:02:04] control services for the city. [3:02:07] at times we have we do have a [3:02:08] contract with a organization [3:02:10] humane society of silicon [3:02:11] valley in milpitas and we have [3:02:14] contract we are we can have [3:02:15] animals had certain given [3:02:18] surgery there at that location. [3:02:21] they have done surgeries at our [3:02:23] location using our facility but [3:02:26] we are not this is not for the [3:02:28] city in general but okay have [3:02:32] you prioritize the the rescue [3:02:37] partner or identified certain [3:02:40] particular rescue partner group [3:02:42] that we could collaborate and [3:02:45] partner with to to reduce that [3:02:47] amount of you know, the stray [3:02:50] cats and dogs if you will? I'll [3:02:55] start monica can clean it up [3:02:56] and she'll get it right and [3:02:57] homeless we I believe we had [3:03:00] over the highest record [3:03:02] of animal partnerships rescue [3:03:04] partnerships last year than we [3:03:05] had in year four and again I'll [3:03:07] say one of our dog rescues [3:03:09] rescued more dogs last year [3:03:11] than any species in the last [3:03:12] five years and that was a new [3:03:14] relationship that was formed in [3:03:15] the last two years. And so they [3:03:18] had almost 400 animals that [3:03:20] were rescued by that one [3:03:21] organization last year and they [3:03:23] continue to seek more. They [3:03:24] continue to do better. They [3:03:26] continue to build on those [3:03:27] relationships on all species, [3:03:28] both cats and dogs and it is a [3:03:31] continued relationship building [3:03:33] effort that they're working on. [3:03:38] I was just going to say as I'm [3:03:39] poring over the data for last [3:03:41] year, I do believe the rescue [3:03:44] numbers were up almost 500 last [3:03:47] fiscal year over the year [3:03:48] prior. So again continuing to [3:03:50] build those relationships. [3:03:53] thank >> you. And I know [3:03:55] there's a lot of been changes [3:03:56] with the strikes and I know [3:03:59] that we're under you guys are [3:04:00] underneath pureness but there's [3:04:04] an ongoing issues about [3:04:07] transparency. How >> do you [3:04:12] know the the perception out [3:04:13] there that we're not doing [3:04:15] enough? How do we get our [3:04:17] partnership together including [3:04:19] the public to volunteer to have [3:04:23] a forum where it can be [3:04:25] publicized with action item an [3:04:29] implementation of those action [3:04:31] item and what is the end result [3:04:33] ? Couple of things there. I do [3:04:40] believe recommendation in one [3:04:42] of the fives were the doing a [3:04:44] community survey of really very [3:04:47] clearly understanding what the [3:04:49] problem set is so that it's a [3:04:51] measurable target instead [3:04:53] of just more. Many times we [3:04:55] agree that more things need to [3:04:56] be done in particular areas and [3:04:58] specific areas but that you [3:05:00] need to do more of this what [3:05:01] are we shooting at and then [3:05:03] because we need to be able to [3:05:04] provide you this is the gap [3:05:06] between what the community [3:05:07] needs are and what we're able [3:05:08] to do with our current [3:05:09] resources. So you have the [3:05:11] choices to influence whether [3:05:13] there's a policy need there or [3:05:15] augmentation in terms [3:05:16] of resources or if we're [3:05:17] hitting the target. I we've [3:05:19] thought this for years but we [3:05:20] had so many other things to [3:05:21] work on that were more urgent. [3:05:23] but now we're at this place, [3:05:24] we're studying that and making [3:05:26] sure we understand what the [3:05:27] community needs in very [3:05:29] particular and detailed ways [3:05:30] across all these different [3:05:32] streams of service is very [3:05:33] important and it's timely. >> [3:05:36] thank you. I know the we offer [3:05:40] euthanized service to the the [3:05:43] owner or the family of the pet [3:05:45] cats or dogs. We I know that we [3:05:52] don't allow family members to [3:05:54] be in there but other occurs [3:05:56] does how can we change the [3:05:59] process to allow grieving [3:06:04] family members to hold their [3:06:05] pets and you know, say goodbye? [3:06:09] well, there you know, with the [3:06:10] service that we have I think [3:06:15] that would be something we [3:06:16] would need to look at staffing [3:06:18] capacity because it does [3:06:20] require more staffing for that. [3:06:23] and so if that's something that [3:06:24] we need to put on the horizon [3:06:26] for down the road, absolutely. [3:06:28] but it does require a different [3:06:29] level of staffing to [3:06:31] accommodate that sort [3:06:33] of feature in a shelter and [3:06:35] coming from a shelter where we [3:06:37] did provide that it does take [3:06:38] more staffing and support in [3:06:40] that regard. >> all right. Well [3:06:42] thank you for looking into [3:06:43] that. And the last question I [3:06:45] have is how many volunteers can [3:06:48] we accept and how many [3:06:49] volunteers do we have now >> [3:06:53] the last count I have was 300 [3:06:55] active volunteers not including [3:06:58] fosters and we definitely want [3:07:01] to bump up that number. We have [3:07:03] volunteer orientation this [3:07:06] saturday and they're done in [3:07:07] person now so we do invite [3:07:09] folks to come down, attend [3:07:11] volunteer one on one general [3:07:12] orientation and I'd love to see [3:07:14] that number grow pretty [3:07:16] dramatically to get up there to [3:07:19] help with the animals and serve [3:07:21] the community better. >> thank [3:07:23] you very much. And with that I [3:07:25] move to accept the report. >> [3:07:28] thanks councilmember. Okay, [3:07:31] we're going to kill some. Okay [3:07:33] . Thank you, mayor. Thank you, [3:07:38] monica, matt and angel all for [3:07:41] the report today. I think this [3:07:44] is sort of a jason to council [3:07:47] member or tease and I think [3:07:48] maybe councilmember doogan just [3:07:51] sort of picked up on it with [3:07:52] you. Monica, you know the [3:07:55] volunteer piece, right? We've [3:07:57] heard some mixed commentary [3:07:59] from even our volunteers that [3:08:01] were here today as a former [3:08:05] executive director of an [3:08:06] organization that could not [3:08:08] have survived without [3:08:09] volunteers and served on boards [3:08:12] with very similar [3:08:13] organizations. I'm curious [3:08:16] whether we're staffed for that [3:08:20] kind of management [3:08:21] of volunteers and I apologize I [3:08:23] didn't ask this question before [3:08:26] today but can you talk about [3:08:28] you know, how we do that [3:08:30] in-house in terms of, you know, [3:08:33] volunteers oftentimes, you [3:08:35] know, they want to be treated [3:08:36] like employees in many cases [3:08:38] they want responsibilities and [3:08:41] therefore they want input and [3:08:43] that requires, you know, [3:08:45] management of the volunteer [3:08:47] program. Do we have that set up [3:08:49] at the shelter today or is that [3:08:51] something you're consider green [3:08:53] >> at this time with the number [3:08:58] of volunteers we currently [3:08:59] have, we are staffed for that [3:09:02] capability. We are reallocating [3:09:07] volunteers to >> their [3:09:10] coordinators. For example, if [3:09:11] you're a dog volunteer once [3:09:14] you're onboarded with the [3:09:16] volunteer coordinator and that [3:09:17] handles the administration [3:09:19] of the volunteer program then [3:09:20] you go with the dog coordinator [3:09:22] team or you're with the dog [3:09:23] team. So we have reallocated [3:09:26] that resource so it just does [3:09:27] not fall under one individual [3:09:29] the volunteer coordinator and [3:09:31] the same goes for the cat team [3:09:33] or the smalls team and those [3:09:35] are the main three teams but [3:09:37] the other training teams again [3:09:39] they're with coordinators in [3:09:40] that unit in the shelter [3:09:42] operation so they can have more [3:09:44] support and work more [3:09:46] cohesively as a as a unit so [3:09:49] all dogs and cats have their [3:09:51] own volunteers and staff [3:09:52] members. So >> [3:09:54] councilmember ortiz, I don't [3:09:55] know if you were sort [3:09:55] of formally requesting them to [3:09:58] kind of report out to you on [3:10:00] the you know, the sort of the [3:10:03] advocacy group that you were [3:10:05] talking about. But if it if you [3:10:07] were us and and I'm not on the [3:10:10] committee see I'd like to sort [3:10:14] of hear the next step on the [3:10:16] volunteer piece. I just think [3:10:18] it's one of those things that [3:10:19] organizations overlook when [3:10:23] when staff is there voluntarily [3:10:25] I.e. Free sometimes we lose [3:10:27] sight of the fact that they [3:10:28] still need to be heard managed [3:10:31] and you know, rewarded for the [3:10:34] work they're doing and not all [3:10:36] volunteers are created equally. [3:10:38] most are not going to want to [3:10:39] be on an advocacy committee. [3:10:41] many people want to come walk a [3:10:42] dog you know, see other [3:10:45] advocates or excuse me other [3:10:47] volunteers and move on. But and [3:10:49] so for those I think we need to [3:10:51] make sure we've got the support [3:10:52] of that part of the system [3:10:54] down. So I'd be interested in [3:10:56] kind of hearing that next step. [3:10:58] if >> I could just add one [3:10:59] thing. One of the things that [3:11:01] made monica stand out in the [3:11:03] recruitment of her for this [3:11:04] role was her again not saying [3:11:07] exactly what happened in the [3:11:08] interview but it was just her [3:11:09] advocacy for the importance [3:11:11] of solving problems with staff [3:11:13] and volunteers. And so it was [3:11:16] really this that you have to [3:11:17] apply that volunteer muscle as [3:11:18] well as the staff also by [3:11:20] themselves ourselves [3:11:21] at shelters we cannot do it. [3:11:23] and so that's where that [3:11:24] advocacy for volunteer is being [3:11:26] a critical part of that is [3:11:28] right on point and right [3:11:29] at monica's ellie thanks >> [3:11:31] matt. I do want to just take a [3:11:32] moment and recognize x we had a [3:11:36] very difficult situation in our [3:11:38] district with a very difficult [3:11:43] owner of let's say a lot [3:11:45] of animals and you know, I [3:11:47] didn't really realize the [3:11:48] extent of the services and you [3:11:50] know the work you're doing out [3:11:52] of the shelter and I just want [3:11:53] to recognize the really good [3:11:55] work of asis in that regard. So [3:11:57] thank >> you. Yeah, I'd just [3:11:58] like to say that the work that [3:11:59] we have to do in the community [3:12:00] and the animal control piece [3:12:02] the public safety matters is [3:12:04] of extreme importance and with [3:12:06] our partners across the [3:12:07] organization and housing npr [3:12:09] west to both serve the people [3:12:12] who are unhoused or under [3:12:13] housed and their animals and [3:12:16] with pureness in their beautify [3:12:18] team when we have to do [3:12:20] abatements we all do these [3:12:21] things hand in glove and it [3:12:23] really is a critical part and [3:12:24] our field services are critical [3:12:25] to that public safety mix and [3:12:27] we appreciate the outlook for [3:12:28] that. >> thank you. Thanks [3:12:32] councilmember. Let's go to [3:12:32] councilor condo's thank you [3:12:35] mayor know my appreciation matt [3:12:36] and monica for your report as [3:12:38] well as other advocates who [3:12:39] came out to speak on this item. [3:12:41] you know, I know the mayor [3:12:42] already touched on the tnr [3:12:44] program but I did want to echo [3:12:46] that as as a member of a.c. You [3:12:49] know, I do look forward to [3:12:50] ensuring the ramp up numbers [3:12:51] and especially what we heard [3:12:53] from folks is we're not [3:12:54] utilizing all the slots that [3:12:56] that we that we can to make [3:12:58] sure that we're filling that [3:12:59] need in our community. So I'll [3:13:02] wait for that october report [3:13:03] and and make sure that we're [3:13:06] we're leaning in on that and [3:13:07] then you know, I also wanted to [3:13:09] bold and underline closing that [3:13:11] quote unquote trust gap between [3:13:15] as jay as jax and our advocacy [3:13:17] advocate and yes, it's going to [3:13:19] be >> going along with the nsc [3:13:23] report that was mentioned in [3:13:25] the audit in october but also [3:13:27] the relationships and [3:13:28] communication that goes beyond [3:13:30] just a verbal report [3:13:32] establishing what we did. You [3:13:34] know, some of the some of those [3:13:35] relationships extend beyond [3:13:37] just here's here's the bare [3:13:38] minimum. And I think, you know [3:13:40] I'm angel thank you deputy city [3:13:43] manager angel >> for for [3:13:44] touching on on that especially [3:13:46] the comments as it relates to [3:13:47] that pressure dynamic and [3:13:49] working with folks who you know [3:13:51] are passionate but you know are [3:13:52] critical and I think to [3:13:54] councilmember ortiz and [3:13:56] mulcahy's point I think that's [3:13:57] that's part of it and look [3:13:59] forward to keeping abreast [3:14:00] of that as well and I know the [3:14:02] animal control piece is [3:14:04] something that we've we've [3:14:05] heard and this this report [3:14:08] doesn't explicitly call that [3:14:09] out but we have I have heard [3:14:11] from from from residents on [3:14:12] that process and specifically [3:14:14] with the transparency piece on [3:14:16] when we have an incident with [3:14:17] animal control and the [3:14:18] communication with our [3:14:19] residents. But I'll wait for [3:14:20] that october report to to to [3:14:23] ask specific questions on that [3:14:24] because I wanted to get my keep [3:14:25] my comments more tailored to [3:14:26] the to the civil grand jury [3:14:27] report. Thank you. >> thanks, [3:14:31] councilmember. Last call for [3:14:32] colleagues who want to chime in [3:14:33] on this item. Okay. We have a [3:14:35] motion from councilor dwan I [3:14:37] believe toni let's vote. Are [3:14:48] you seeing anything on your [3:14:48] screens? Yes. Okay. And I see [3:14:52] unanimous 1104 okay. Yeah. It's [3:14:54] >> not working on my screen. [3:14:55] I'll refresh but >> I see an 11 [3:14:57] a unanimous vote to adopt the [3:14:59] response to the civil grand [3:15:00] jury report. Thank you. >> [3:15:02] thanks. Okay. Thank you, matt. [3:15:07] monica so we're now on to item [3:15:11] 10.2. This is the [3:15:13] administrative hearing on the [3:15:14] appeal of the environmental [3:15:16] determination and site [3:15:17] development permit for certain [3:15:19] real property located at 1295 [3:15:21] kirchner avenue and we do have [3:15:23] a staff presentation so once [3:15:25] staff is ready you may proceed [3:15:27] . >> and a reminder for those [3:15:31] who wish to speak on the next [3:15:33] item comment cards can be [3:15:35] submitted at the top or bottom [3:15:36] of the stairs here and just [3:15:38] indicate your name and the item [3:15:40] you wish to speak on. Thank [3:15:41] you. >> hello. Good afternoon [3:15:44] again. We're back with the same [3:15:45] team to my right director chris [3:15:47] burden or pdc I'm gonna send [3:15:50] you deputy director of planning [3:15:52] and to my left to have david [3:15:53] keon, our principal planner [3:15:55] with the environmental review [3:15:56] team and john to division [3:15:58] manager over the development [3:15:59] services team. So the item [3:16:01] before you today is the [3:16:03] environmental and permit appeal [3:16:05] of the director's decision on [3:16:06] the site development permit and [3:16:08] infill exemption for a [3:16:10] residential project at 1295 [3:16:12] cotner avenue. The site is a.65 [3:16:17] gross acre site designated a [3:16:19] residential neighborhood in the [3:16:21] general plan and with the [3:16:23] zoning of single family [3:16:24] residence the project utilized [3:16:26] state density bonus law to [3:16:28] propose 12 units at the site by [3:16:32] demolishing an existing single [3:16:33] family home and removing 24 [3:16:36] trees that are proposed to be [3:16:38] replaced. The site development [3:16:40] sorry the state density bonus [3:16:42] law application provides two [3:16:44] affordable units one at the [3:16:46] very low income which is 50 to [3:16:48] 80% area median income levels [3:16:51] and then one at the moderate [3:16:53] income level which is 80 to [3:16:54] 120% of the area median income. [3:16:58] the project also requests [3:16:59] avesta ing tentative map for a [3:17:01] subdivision of the one lot the [3:17:03] .65 acre lot into ten [3:17:06] residential lots and one common [3:17:08] area for a private street with [3:17:10] access to individual garages. [3:17:15] so the project was reviewed [3:17:16] reviewed for consistency with [3:17:18] the general plan does the [3:17:20] municipal code are citywide [3:17:22] designs standards and [3:17:23] guidelines our public outreach [3:17:25] policy the california [3:17:27] environmental quality act as [3:17:29] well as under a state density [3:17:30] bonus law. The environmental [3:17:34] review included a class 32 [3:17:36] infill exemption in accordance [3:17:39] with the state california [3:17:41] environmental quality act [3:17:43] because the project was found [3:17:45] to be consistent with the [3:17:46] general plan and zoning and it [3:17:49] develops and urban in lot which [3:17:51] does not have any suitable [3:17:52] habitat nor does it generate [3:17:56] significant traffic noise [3:17:58] air quality or water quality [3:17:59] impacts. Existing utilities and [3:18:02] other public services are [3:18:03] available to serve the site and [3:18:06] no impacts to historic [3:18:07] resources were found. Nor was [3:18:09] the site identified as a [3:18:11] hazardous waste site. The [3:18:14] director's hearing occurred on [3:18:15] march 25th and several members [3:18:19] of the public spoke on this [3:18:20] item specifically there were [3:18:22] concerns around traffic and [3:18:23] safety especially during school [3:18:26] drop off and pickup times the [3:18:28] height of the project compared [3:18:29] to nearby residences, [3:18:31] construction noise and dust [3:18:32] waivers from existing city [3:18:34] standards in compatibility with [3:18:36] surrounding uses and potential [3:18:38] negative impacts on property [3:18:40] values. There was also one [3:18:42] supporter for the project who [3:18:44] noted that it would provide [3:18:46] housing opportunity in this [3:18:47] area. The hearing officer [3:18:49] approved the proposed site [3:18:50] development permit and the [3:18:51] infill exemption at that [3:18:53] hearing which was subsequently [3:18:55] appealed on march 29th and [3:18:57] april 13th. Since these appeals [3:19:00] included an appeal of the [3:19:02] environmental review, these are [3:19:03] being considered by the city [3:19:05] council de novo as in to [3:19:07] consider the whole action the [3:19:10] appeal for the site development [3:19:11] permit raised concerns or [3:19:14] stated that the application was [3:19:16] not compliant with the citywide [3:19:18] standards, did not address [3:19:20] traffic safety concerns. I [3:19:23] stated that it was inadequate [3:19:25] the meeting fire requirements [3:19:27] etc. And then the infill [3:19:29] exemption also said that the [3:19:32] infill exemption should not [3:19:34] have been used because [3:19:35] of unusual circumstances on the [3:19:36] site and for the failure to [3:19:38] adequately analyze construction [3:19:40] phase traffic impacts. There [3:19:42] were also additional public [3:19:44] health and safety concerns [3:19:45] cited in these appeals staff's [3:19:50] responses included in the memo [3:19:52] to council to these appeal [3:19:55] statements is to say that the [3:19:57] say density bonus law is what [3:20:00] allows for the waivers from the [3:20:03] standards that the city has [3:20:05] since the project is utilizing [3:20:07] the city density bonus law to [3:20:09] provide additional density. The [3:20:11] project as proposed would not [3:20:12] be able to build if all of the [3:20:14] city standards were applied. [3:20:16] therefore the city is required [3:20:17] to grant that waiver unless [3:20:19] there is a specific health and [3:20:20] safety impact associated with [3:20:22] that granting of that waiver. [3:20:24] the fire department was [3:20:25] consulted during the the review [3:20:27] of this project and the permit [3:20:30] was cleared by that department. [3:20:33] compliance with applicable fire [3:20:34] and building requirements will [3:20:35] also be verified during the [3:20:37] building stage there were no [3:20:38] quantifiable health or safety [3:20:40] risks that were identified [3:20:42] during the planning review. [3:20:44] public works and the department [3:20:45] of transportation also reviewed [3:20:47] the project for compliance with [3:20:48] our traffic standards and the [3:20:50] san jose's complete street [3:20:51] design standards and the [3:20:53] project did comply with those [3:20:55] requirements. An individual [3:20:57] site specific traffic impact [3:20:59] analysis was not required [3:21:00] because the project is below [3:21:02] the threshold so we typically [3:21:03] require those only if a project [3:21:05] is 25 units or more. Since this [3:21:07] project was only 12 units there [3:21:09] was no site specific [3:21:10] environmental review required. [3:21:13] the school proximity does not [3:21:16] particularly trigger additional [3:21:18] review of the site. That was [3:21:20] something that was cited. There [3:21:21] was some state government [3:21:23] code section cited in the [3:21:24] appeal those are but those are [3:21:26] applicable to schools sites not [3:21:28] to individual private [3:21:29] properties and then finally [3:21:32] staff did provide the directors [3:21:34] hearing recording which is [3:21:35] posted during the appeal period [3:21:37] and the project materials were [3:21:38] also made available to the [3:21:40] public before a city council [3:21:41] meeting. This the response to [3:21:46] the environmental appeal all [3:21:47] the staff feels that the [3:21:49] surrounding conditions and [3:21:50] existing traffic concerns are [3:21:52] not unusual circumstances. This [3:21:54] is an infill project on within [3:21:57] an urban neighborhood or a [3:21:58] suburban neighborhood. It does [3:22:00] not trigger any significant [3:22:02] environmental effects as noted [3:22:04] previously and construction [3:22:06] related traffic is not a secure [3:22:08] related transportation impact. [3:22:10] typically when there is a [3:22:11] construction our public works [3:22:13] department would required [3:22:14] construction management plans [3:22:16] that address construction [3:22:17] related to traffic issues and [3:22:19] then the project buy in and [3:22:21] of itself would not [3:22:21] substantially increase any [3:22:23] hazards and there are no [3:22:25] anticipated health and safety [3:22:26] impacts due to the project's [3:22:27] size or location since it is [3:22:31] therefore a staff recommends [3:22:32] that the council deny the [3:22:33] permit appeal and uphold the [3:22:35] director's decision to approve [3:22:37] the site development permit as [3:22:38] well as the infill exemption [3:22:40] for this project that concludes [3:22:41] staff's presentation and be [3:22:42] available for any questions. [3:22:46] all right. Thank you for the [3:22:46] presentation we have two [3:22:49] appellants who combined >> [3:22:51] we'll have five minutes and [3:22:53] then the applicant will also [3:22:54] have five minutes. So I'll [3:22:56] start with the two appellants [3:22:59] >> don't I don't know if [3:23:05] they're here. Are the [3:23:08] appellants here? Okay. We'll [3:23:13] just pause for a moment or [3:23:15] either of the appellants on [3:23:18] this >> project in the chamber [3:23:20] . Okay we can try one more time [3:23:26] after the applicant but the [3:23:28] applicant has up to five [3:23:29] minutes to speak >> [3:23:42] . Good evening. Thank you neera [3:23:45] and staff for the presentation [3:23:47] and thank you city council for [3:23:49] hearing this appeal today. [3:23:52] my name's cyrus and vice [3:23:53] present development for city [3:23:54] connect partners. We're [3:23:56] san jose based real estate [3:23:57] developers who are specifically [3:24:00] focused on missing middle [3:24:02] housing infill housing here in [3:24:05] the bay area and just bringing [3:24:07] access to for sale [3:24:08] homeownership opportunities. [3:24:11] this project at 1295 corner we [3:24:13] love it's across the street [3:24:14] from wattenberg park community [3:24:17] garden and the middle and high [3:24:19] school willow glen high schools [3:24:21] and we're using state and city [3:24:22] bronislaw as munir described to [3:24:25] build 12 townhomes two of which [3:24:28] will be below market rate and [3:24:30] we're parking this quite [3:24:31] generously right now 42 stores [3:24:33] so it's around three and a half [3:24:34] stalls per unit when as you [3:24:37] know san jose has a zero [3:24:39] parking requirement and using a [3:24:42] density bonus this could be 18 [3:24:44] units using to use but we felt [3:24:48] we've found a nice sweet spot [3:24:50] that we think would complement [3:24:52] the neighborhood. As I [3:24:54] mentioned march 25th we [3:24:56] received this to appeals or [3:24:58] after the tentative map [3:25:00] approval and one of the [3:25:02] challenges that we're facing [3:25:04] especially in this housing [3:25:05] crisis that we all are dealing [3:25:07] with is we have these two [3:25:09] appeals that both each cost [3:25:13] $250 per appealing on the [3:25:16] developer side it costs us [3:25:18] $15,000 per appeal so that's [3:25:22] $30,000 and here we are august [3:25:25] 18th to discuss this appeal [3:25:27] from march 25th. So that's five [3:25:30] months that we have just been [3:25:32] kind of waiting around here in [3:25:33] this window and I just if we're [3:25:37] to approach this together to [3:25:39] work with the city developers [3:25:41] to bring thoughtful infill [3:25:43] housing next to parks, next to [3:25:45] schools, next to transit or and [3:25:48] work where people want to raise [3:25:50] families, create access to [3:25:52] homeownership. This is [3:25:53] something that we need to [3:25:54] address so delays equal higher [3:25:59] costs to build homes equals [3:26:01] higher costs for these homes [3:26:04] and that's where we are as [3:26:05] you'll see in the next [3:26:06] amendment our next agenda item [3:26:09] even up zoning from r eight to [3:26:12] r 32 is being proposed with the [3:26:14] general plan amendment. That [3:26:15] would mean we could have 21 [3:26:17] homes on this site. So we're [3:26:19] really excited about this [3:26:20] project. We hope your to keep [3:26:23] it going to keep it moving [3:26:24] forward. It's a shame that the [3:26:27] opponents you know $250 each to [3:26:31] produce document aren't even [3:26:33] here to appeal so it's been [3:26:35] five months where we've just [3:26:36] been in this space so thank you [3:26:38] again for your time and we [3:26:40] appreciate it. Thanks for your [3:26:43] time. The appellant is online. [3:26:45] okay let's go to >> the [3:26:47] appellant and again >> there's [3:26:48] a total of five minutes I [3:26:49] believe we have to have we [3:26:51] located the other or is it just [3:26:52] one? Well, the >> other two are [3:26:54] not online that I see. I only [3:26:56] have one christine >> one I [3:26:59] mean start the timer for five [3:27:00] minutes once again thank you [3:27:04] but hi can everyone hear me? [3:27:07] yes, yes. Hi. The crux of >> [3:27:10] my environmental appeal against [3:27:13] the 1295 quarter project has [3:27:16] been existing traffic problems [3:27:19] at this site. The project will [3:27:21] permanently worsen these [3:27:23] problems. I requested a formal [3:27:25] traffic review before [3:27:27] proceeding with the project [3:27:30] today right at the city council [3:27:33] meeting >> there was an active [3:27:35] police investigation at the end [3:27:37] of that intersection of the [3:27:40] development the entire corner [3:27:43] of kirchner and cordell was [3:27:45] blocked off by police and [3:27:48] helicopters were overhead. Two [3:27:50] men were stabbed and went to [3:27:53] hospitals in what nbc and many [3:27:56] other outlets including mercury [3:27:57] news say was road rage. Today's [3:28:02] road rage incident leading to [3:28:04] two stabbings is the exact [3:28:07] intersection where neighbors [3:28:09] have pleaded for a traffic [3:28:11] study before proceeding. There [3:28:14] should not be a vote until the [3:28:16] evidence is clarified as to [3:28:18] what happened at this road rage [3:28:20] incident. This road rage [3:28:22] incident involving >> stabbings [3:28:24] not matter because there are [3:28:25] less than 25 units. Are there [3:28:27] two child injuries >> within [3:28:30] six months unimportant because [3:28:33] there are less than 20 >> five [3:28:34] units. You don't >> have to do [3:28:36] a traffic study but you should [3:28:39] your close your eyes and you've [3:28:40] never answered to explain all [3:28:43] the child injuries or the >> or [3:28:46] even this and then you continue [3:28:48] to proceed saying there is no [3:28:50] unusual traffic, there is no [3:28:52] unusual there is this isn't [3:28:54] corner according to you is not [3:28:57] a major street. It's insane. [3:29:05] are you done? I'm done. Okay. [3:29:09] thank you. All right. Do we [3:29:13] have the thank you. There was [3:29:18] still time on the timer. Did [3:29:20] you find the other appellant? I [3:29:21] don't see their hands on line. [3:29:23] I don't wait, there is a [3:29:25] jenny I'm going to allow her to [3:29:26] talk and see if that's jennifer [3:29:28] can wait. Her hand just went [3:29:29] up. >> can we confirm that that [3:29:31] is yeah. Yeah. >> hi. Hi yes I [3:29:34] am the other appellant yes. I [3:29:36] echo all of christine's points [3:29:38] and we've been saying the same [3:29:39] thing the whole time that [3:29:42] although there is no [3:29:43] requirement >> to do a safety [3:29:45] study at 12 units that this [3:29:47] does seem to be an exception on [3:29:50] >> the reports have said that [3:29:51] this is considered a minor [3:29:53] street. Both carter kirchner [3:29:54] and cordoba. But we would argue [3:29:56] at this particular intersection [3:29:59] that it is a major thoroughfare [3:30:01] and every single person that [3:30:03] lives here understands that. So [3:30:05] we are highly concerned about [3:30:08] it getting passed without a [3:30:10] safety study and that's what [3:30:12] we're asking for. We're not [3:30:13] saying completely stop this. [3:30:15] we're saying please take a [3:30:17] moment. So many of our children [3:30:19] go here. We have seen so many [3:30:21] accidents. We live right here. [3:30:23] we are the first people on [3:30:24] response when these things [3:30:26] happen, please make sure it is [3:30:28] safe. Thank you. Thank that I [3:30:35] do. Okay let's proceed with [3:30:37] public comment on this item. [3:30:39] okay. Let me go through [3:30:41] my script again. I'm not going [3:30:44] to because I accidentally [3:30:45] closed it and you guys heard [3:30:46] the speech many times. You know [3:30:48] we're going to call names come [3:30:50] down to the microphone first [3:30:51] one >> to speak. Please be [3:30:53] respectful and speak on the [3:30:55] topic. I have cleo sandra [3:30:57] delvin no name it just as local [3:31:02] subcontractor roberta moore, [3:31:06] cyrus and alice come on down [3:31:09] and then I'll go to the zoom [3:31:11] commenters after these in [3:31:13] person speakers. Thank you. And [3:31:15] just a reminder comments tend [3:31:17] to be specifically on item 10.2 [3:31:20] which is the property located [3:31:22] at 1295 corner and then in the [3:31:23] next item we'll get to the [3:31:25] broader general plan issues. [3:31:27] yes thank you. Well >> that is [3:31:34] a lot of trees that I saw in [3:31:35] the application be removed and [3:31:38] last week or so you talked [3:31:39] about tree canopy. This project [3:31:42] is before you because of the [3:31:43] actions of the developer has [3:31:45] requested as well as a [3:31:47] discretionary review process. [3:31:50] this process allows the public [3:31:52] opportunities to comment and [3:31:53] receive notifications of things [3:31:55] that will impact them. There [3:31:58] there's a lot of mature trees [3:32:00] and they're losing them. [3:32:01] communities work better when [3:32:04] residents are provided [3:32:05] opportunities to be heard and [3:32:07] have input on the projects that [3:32:09] impact them every day or will [3:32:11] in the future. I hope that you [3:32:13] will still continue to have [3:32:16] community input on projects in [3:32:18] this city going forward. Thank [3:32:20] you. Thank you. Your next [3:32:22] speaker well >> I'm going to [3:32:29] shock the out of you. These are [3:32:32] the kind of projects that work [3:32:37] parking. Thank you. I was going [3:32:38] to comment all about parking [3:32:42] and I want to say that I [3:32:45] appreciate you having a public [3:32:46] hearing. If 10.3 passes this [3:32:50] will be eliminated. I want [3:32:52] everyone to understand and that [3:32:56] I do hope that you study and [3:33:00] fix the traffic safety issue [3:33:03] and you have the developer [3:33:05] incorporate that in the cost [3:33:07] of sale and kudos for building [3:33:10] housing for homeownership. [3:33:12] thank you. Thank you. Next [3:33:16] speaker hi, I'm alice. I was [3:33:21] shock I actually pulled up [3:33:22] google just to look look [3:33:24] at what it is. It's all in a [3:33:26] single neighbor single family [3:33:28] neighborhood. Okay. Do you live [3:33:30] >> right next to a 12 unit [3:33:32] apartment? Do you most people [3:33:35] don't they don't expect you to [3:33:37] be doing this. So >> I'm [3:33:39] looking at it. Okay. So what's [3:33:40] a benefit to two affordable [3:33:43] housing? One is a moderate [3:33:45] income. What are you are trying [3:33:46] to achieve? Okay, this is just [3:33:49] a developer stream and and [3:33:51] aiming to destroy a single [3:33:53] family neighborhood. How could [3:33:56] you be allowing this kind [3:33:57] of stuff to happen to san jose [3:34:00] that is just not okay. Okay so [3:34:03] I need >> you to go back to the [3:34:05] drawing board to consider what [3:34:08] a single family housing [3:34:10] neighborhood looks like. We're [3:34:12] you know, we have plenty [3:34:14] of space if you want a higher [3:34:16] density housing you can >> [3:34:18] go somewhere else. Thank you. [3:34:21] next speaker >> hi, my name is [3:34:30] ron stern and I live 1275 or [3:34:33] so. I shower a 100 foot fence [3:34:35] with this guy and I'm telling [3:34:37] you there's beautiful 100 year [3:34:39] old trees on the property. So [3:34:40] we're going to try to squeeze [3:34:42] so much stuff in such a little [3:34:44] spot. The traffic I don't know [3:34:45] if any of you ever been down [3:34:46] kirton around or cornell avenue [3:34:48] during school you cannot move [3:34:50] from kerner all the way to >> [3:34:53] pine avenue. It's just a solid [3:34:54] wall now they're talking about [3:34:56] 30, 40, 50, 60 cars. They're [3:34:58] talking about more people. [3:35:00] they're talking about more [3:35:01] congestion. I can't even back [3:35:03] my car on to kirton or any more [3:35:04] because of all the problems and [3:35:06] I just find that nobody >> [3:35:07] cares. Nobody you guys work for [3:35:09] us. We don't work for you. We [3:35:11] don't want this development in [3:35:12] our neighborhood. This is a [3:35:14] single family. It's been that [3:35:16] way for a long time. I'm [3:35:17] retired. I don't want to listen [3:35:18] to building over the next 18 [3:35:20] months day and night I'm going [3:35:21] to have to listen to saws [3:35:23] sanding cars, trucks, [3:35:25] everything and I my enjoyment [3:35:27] and my property will be gone. [3:35:29] and this is a 30 foot building [3:35:31] right >> next to my fence 30ft [3:35:33] . Thank you. That's your time. [3:35:36] next speaker >> you okay? So [3:35:41] I'm going to go to online I [3:35:42] have been carter followed by [3:35:45] brian van carter you're unmuted [3:35:52] but we're not hearing you. [3:35:58] okay. I'm going to move on to [3:35:59] brian followed by gorman. Simon [3:36:04] >> says to you but I'll keep it [3:36:05] under one minute. I want to [3:36:08] make sure that the people [3:36:10] listen to what these people are [3:36:11] saying. The owner has a right [3:36:13] and we do need more housing but [3:36:14] there's the infrastructure that [3:36:15] you there's the infrastructure [3:36:17] issue there. The there's a and [3:36:22] the traffic studies that should [3:36:24] be done and I have driven out [3:36:26] there and I walk over there it [3:36:28] is a very dangerous [3:36:29] intersection. And so I mean you [3:36:33] can't really do anything about [3:36:34] it because of what the state [3:36:35] did and the train it can talk [3:36:39] to the state is beyond futile. [3:36:42] so okay. Thank you. Hold on. [3:36:48] gorman followed by blair hello. [3:36:55] go ahead. Okay. Good afternoon, [3:36:58] council members. I'm here today [3:36:59] to oppose the development [3:37:01] at 1295 new avenue. This is not [3:37:03] simply about adding housing. [3:37:05] it's about making sure that any [3:37:07] development this size is [3:37:08] appropriate for the location [3:37:09] and the concerns of the people [3:37:11] who actually live here. I [3:37:12] genuinely heard kerner avenue [3:37:14] was identified as part of the [3:37:15] city's vision zero five year [3:37:17] plan which recognizes the need [3:37:19] to address dangerous weeds and [3:37:20] prevent serious injuries and [3:37:23] fatalities. Today we have an [3:37:25] urgent reminder of why this [3:37:26] matter. As you mentioned [3:37:28] earlier, a stabbing occurred on [3:37:29] the corner of kirton and [3:37:30] connell following what has been [3:37:31] reported as a road rage [3:37:33] incident. I'm not suggesting [3:37:35] that this development caused [3:37:36] that incident but it [3:37:37] underscores the real safety [3:37:38] concerns surrounding traffic [3:37:40] conditions and conflict in this [3:37:41] area. It is a major thruway to [3:37:44] freeway 87 and to 88 gold [3:37:47] within one mile. And even if [3:37:49] it's not required, do the right [3:37:50] thing. Listen to your [3:37:51] constituents and request for a [3:37:55] traffic study. >> blair [3:37:57] followed by toni >> by >> blair [3:38:01] bateman. Nice to hear public [3:38:03] comment on this item. It's >> [3:38:06] an old issue good luck and a [3:38:09] community process working to [3:38:11] solve this issue. I'm really [3:38:13] going to respect that if [3:38:15] there's 100 year old trees [3:38:16] there and it sounds like a [3:38:17] number of them that has a [3:38:19] certain precedence I think tree [3:38:22] canopies have a certain [3:38:23] precedence. Good luck in [3:38:25] wanting to develop low and [3:38:26] moderate income housing also. I [3:38:29] hope we can be doing those [3:38:30] things. It was stated that the [3:38:33] land >> in this area is pretty [3:38:35] clean and pretty clear. No [3:38:38] environmental hazards. Serious. [3:38:41] good luck if extra tests are [3:38:42] needed. Our extra environmental [3:38:45] tests are currently needed for [3:38:47] the item of 10.1650 harry [3:38:50] drive. Item I just thought I'd [3:38:52] ask that. Thank you. >> thank [3:38:54] you toni followed by venkata. [3:39:03] hear me? Yes. Okay. Right. [3:39:08] well, thank you for listening [3:39:10] to us or to me for today. I [3:39:14] oppose this tremendously. You [3:39:16] can do a traffic thing but even [3:39:18] with the traffic thing I think [3:39:19] it's a poor decision if you [3:39:20] want to put a couple units like [3:39:22] four possibly that are lower no [3:39:25] more than two stories I could [3:39:27] understand that. But to put as [3:39:29] many homes as you're doing and [3:39:30] if the next thing is passed [3:39:33] it'll be even worse because [3:39:34] you'll try to put more in [3:39:35] there. There is a school there [3:39:38] and trust me I drive down. I do [3:39:40] not even go near curtin or in [3:39:42] carmel during school time. This [3:39:44] is could be a terrible terrible [3:39:46] mistake of putting this live in [3:39:48] the school >> for them. Thank [3:39:52] you laura >> followed by renee. [3:40:03] laura, you're unmuted. Can you [3:40:06] hear me? Yes. Okay. I was born [3:40:09] >> and raised in san jose and I [3:40:10] have lived two streets away [3:40:12] from the property in question [3:40:13] for 28 years. I am very [3:40:15] concerned about the parking for [3:40:17] the proposed condominium units [3:40:18] >> many families bring with [3:40:20] them at least two vehicles and [3:40:22] sometimes many more. If the [3:40:24] number of owned vehicles [3:40:25] exceeds >> the number [3:40:26] of parking spaces on the [3:40:28] proposed property, cars will [3:40:29] overflow into the street. [3:40:31] currently there is a preschool, [3:40:33] a middle school and a high [3:40:35] school all located on carroll [3:40:37] avenue between the subject [3:40:38] property and dry creek road. [3:40:40] all three of those schools are [3:40:42] only in one quarter of a mile. [3:40:45] there are hundreds and hundreds [3:40:46] of students >> attending these [3:40:47] schools. Last year alone [3:40:49] several students were injured [3:40:50] during pick up and drop off due [3:40:52] to extreme traffic congestion. [3:40:53] on the addition of more parked [3:40:55] cars will only exacerbate this [3:40:57] problem. As a homeowner I have [3:40:59] witnessed >> many many more [3:41:00] near-misses every day. The [3:41:03] addition of added cars due to [3:41:05] inadequate parking >> will pose [3:41:06] significant risk. Renee I can [3:41:13] hear me. Yes. These type of >> [3:41:16] projects in the middle [3:41:17] of existing neighborhoods [3:41:18] should not be allowed. 12 units [3:41:19] on residential parcel is a lot [3:41:21] of additional people in cars. [3:41:22] 14 waivers to get this through. [3:41:24] that's a lot of waivers. The [3:41:26] applicant said that real estate [3:41:27] developers trying to solve the [3:41:28] housing crisis. Unfortunately [3:41:30] the housing crisis continues to [3:41:31] get worse because of real [3:41:33] estate developers by [3:41:34] redeveloping single family [3:41:36] homes into multi units or multi [3:41:38] homes. It just makes the [3:41:39] housing prices continue to [3:41:40] soar. The city council should [3:41:42] reject this plan and work [3:41:44] toward trying to save san jose [3:41:45] neighborhoods and [3:41:46] overdevelopment. And see what [3:41:48] we can do to fight back against [3:41:50] developers at the state level [3:41:52] which is basically how they're [3:41:53] trying to push a lot of these [3:41:55] projects through by using state [3:41:58] laws and also by just [3:42:00] dismantling local oversight. [3:42:03] thank you. >> back to council. [3:42:06] >> thank you, toni. Everyone [3:42:09] who spoke in public comment [3:42:11] only turned to my colleagues. [3:42:12] we'll start with the vice mayor [3:42:13] foley. Thank you, mayor and [3:42:17] thank you for the presentation [3:42:19] and for all the public [3:42:20] comments. I know this [3:42:22] intersection in this house [3:42:24] really well although it's in [3:42:25] districts six >> it's probably [3:42:27] closer to my house than it is [3:42:29] to yours. Council member. So I [3:42:31] drive down that way all the [3:42:34] time. I know curt and are very [3:42:35] well kirchner >> is a vision [3:42:37] zero corridor and does have [3:42:40] some serious safety issues that [3:42:43] intersection and in particular [3:42:45] is a dangerous intersection. I [3:42:47] agree with our the callers [3:42:50] about that. In the report it [3:42:52] mentions that speed bumps have [3:42:54] been installed on codel but [3:42:58] that isn't correct. I drove [3:43:00] down cogdell just yesterday to [3:43:02] confirm. As I said it's very [3:43:04] close to my house. I use that [3:43:06] way to get home all the time [3:43:08] and did not. There were no [3:43:10] speed bumps so I'm wondering [3:43:11] what the status is of the speed [3:43:13] bumps that might be implemented [3:43:16] to be installed on that street. [3:43:18] >> through the mayor we do have [3:43:21] department of transportation [3:43:23] staff perhaps they can address [3:43:25] like what kind of traffic [3:43:26] calming measures are being [3:43:28] implemented or proposed in that [3:43:30] area. Oh good because I have [3:43:31] more questions for him. Thank [3:43:33] you. >> you know I am the [3:43:37] vision zero councilmember so [3:43:41] and this corridor is of concern [3:43:44] to me >>. Hi. Hello. >> council [3:43:48] member for the future dottie [3:43:49] division manager. Thank you for [3:43:52] your question. I was not aware [3:43:54] of the speed bumps but I'll [3:43:55] have to talk to our vision zero [3:43:57] team. They're the ones who [3:43:57] handled those. I'm from a [3:43:59] different division. I do [3:44:01] development review as some [3:44:03] of your council members know [3:44:04] that I've worked with [3:44:04] personally but we'll get back [3:44:06] to you on the speed bumps [3:44:09] question but definitely this [3:44:10] intersection in the surrounding [3:44:12] neighborhood and the high [3:44:14] school there will high school [3:44:16] has received attention from [3:44:18] d.o.t. Traffic safety and our [3:44:19] neighborhood traffic management [3:44:21] team in the last few years and [3:44:24] we'll receive more in the next [3:44:26] upcoming year. We're currently [3:44:28] waiting for as the school has [3:44:30] started for traffic patterns to [3:44:33] normalize before our [3:44:36] neighborhood traffic management [3:44:37] team will go out there, obtain [3:44:40] specific counts to do a [3:44:42] crossing guard study at the [3:44:44] intersection of cogdell and [3:44:46] kerner and our safety team that [3:44:50] our school safety team will [3:44:52] also in mid-october do go out [3:44:56] there and obtain additional [3:44:58] data to do a access and [3:45:00] circulation study that they do [3:45:04] at other high schools and [3:45:05] elementary schools in san jose. [3:45:08] so thank you for that. So [3:45:10] you're still planning to do a [3:45:12] traffic study of sorts to [3:45:14] determine the flow of traffic [3:45:16] down cogdell and kerner or [3:45:18] particularly in relation to the [3:45:20] schools. But that really is [3:45:22] when traffic is most impacted [3:45:24] on cogdell avenue because [3:45:27] of willow glen middle high and [3:45:29] the preschool that is right [3:45:30] there. So you're planning to do [3:45:32] that after school gets settled [3:45:34] in september or october? Yes, [3:45:37] right now I think we're talking [3:45:39] about a mid-october timeline in [3:45:41] terms of the actual school [3:45:43] circulation and access study. I [3:45:45] think that counts for the cross [3:45:47] card study. Well, maybe perhaps [3:45:50] a little bit earlier will be [3:45:51] obtained but will confirm. >> [3:45:53] okay. Thank you for that. The [3:45:56] other thing I noticed as I was [3:45:58] driving across the intersection [3:46:00] is that the paint on for the [3:46:04] intersection for the crosswalks [3:46:06] is quite faded and could use a [3:46:08] >> refresher. I know they're [3:46:10] doing work on kerner. We've [3:46:12] worked on it regularly and it's [3:46:16] even just having the highlights [3:46:19] of better painting would would [3:46:21] help a little bit. So I'm happy [3:46:25] to hear that. I'm I'm going to [3:46:27] defer to councilmember mulcahy [3:46:29] for for some of this but you [3:46:32] should all know that this is a [3:46:33] quasi hearing and we act as [3:46:35] judge and jury over this [3:46:37] hearing and we're only hearing [3:46:40] the appeal to what the what [3:46:44] planning department has already [3:46:46] said. Isn't that correct? Yes. [3:46:50] from an attorney or someone who [3:46:52] whoever? Yes, that is correct. [3:46:53] although the council can [3:46:54] consider the project de novo in [3:46:56] terms of the entirety of the [3:46:57] project. Okay. So I'm not sure [3:47:00] that this is on point within [3:47:02] this quasi hearing or not but I [3:47:04] have a question with regards to [3:47:07] the construction hours as it [3:47:09] relates to the middle and high [3:47:11] school and traffic patterns. I [3:47:14] would hope that when we move [3:47:17] forward or is it possible to [3:47:19] restrict construction outside [3:47:22] the window of commute traffic [3:47:26] drop off and pick up because [3:47:28] it's they're working on cogdell [3:47:30] or kerner >> it's going to be a [3:47:32] mess and I share the concern [3:47:34] of those neighbors who live [3:47:35] there. I don't have to >> drop [3:47:37] my daughter off anymore. She's [3:47:38] 30 but I used to drop her off [3:47:40] all the time to willow, glen [3:47:42] and I'd figure out ways to [3:47:43] avoid the traffic. It's only [3:47:45] gotten worse so is there [3:47:47] anything we can? Yes, we can. [3:47:51] yeah, I think for a [3:47:52] construction project typically [3:47:54] a construction management plan [3:47:55] could be required and the [3:47:57] council has the discretion to [3:47:59] provide parameters that can [3:48:00] then be imposed by the public [3:48:01] works team. >> okay so council [3:48:03] member when that comes before [3:48:06] you I'll let you advocate for [3:48:09] the schools and parents who are [3:48:11] traveling with that. I really [3:48:13] appreciate it. I'm familiar [3:48:15] with the project, I'm familiar [3:48:16] with the the house as I said [3:48:19] very, very much so I think it [3:48:23] is higher density that in is [3:48:25] what the what is there now and [3:48:29] my major concern is traffic and [3:48:32] pedestrian safety. So I'll [3:48:34] leave it at that. Thank you. [3:48:35] thanks, vice mayor. We turn to [3:48:37] councilmember mckay. Thank you, [3:48:41] mayor. Thank you, vice mayor [3:48:44] foley for raising some of those [3:48:46] issues. I was going to cover a [3:48:49] couple of those things but I [3:48:50] really just wanted to start [3:48:53] when one of the callers came on [3:48:55] I think it was christine, one [3:48:57] of the appellant's she was [3:48:59] right. There was a tragic [3:49:01] collision or excuse me a tragic [3:49:04] incident that occurred at this [3:49:05] very intersection at about 1115 [3:49:08] earlier today which I found out [3:49:11] about right before this [3:49:13] meeting. And it was a road rage [3:49:15] incident. And as vice mayor [3:49:19] foley pointed out, this has [3:49:21] been a challenging street [3:49:23] overall. Kerner is not just [3:49:26] at coddle but at hix and books [3:49:28] and and meridian and I know [3:49:31] going into council member [3:49:32] foley, vice mayor foley's and [3:49:36] councilmember duane's district [3:49:37] that's a kerner situation and [3:49:40] so we have a lot of work to do [3:49:42] to keep that a safer street [3:49:44] overall. So having said that, I [3:49:49] just want to thank the [3:49:50] applicant and and the [3:49:51] appellants for speaking today [3:49:54] and for following through on [3:49:55] the appeals process and for [3:49:57] sharing perspectives and [3:49:58] reasoning. And again I know [3:50:01] vice mayor covid this I want to [3:50:02] emphasize that our role on this [3:50:04] item is different than a [3:50:05] typical council agenda. We hear [3:50:08] this item as a quasi judicial [3:50:10] role and what is considered an [3:50:12] administrative appeal. So our [3:50:14] role is not to decide whether [3:50:16] we endorse the project at 1295 [3:50:18] kerner avenue or not. It's [3:50:21] whether they have met the [3:50:23] obligations of the appeal and [3:50:25] really all of the project piece [3:50:27] of this was determined by the [3:50:29] director of planning at an [3:50:30] earlier hearing. So with that [3:50:33] as a backdrop based on [3:50:34] my review of the information [3:50:35] made available on the appeal [3:50:37] and the process the applicable [3:50:39] laws and procedures appear to [3:50:41] have been followed now having [3:50:44] said that, as the community is [3:50:46] aware our office shares many [3:50:48] of the concerns regarding [3:50:50] traffic safety at kerner and [3:50:51] connell and certainly [3:50:53] reinforced by the incident this [3:50:55] morning. We're actually [3:50:56] concerned about council overall [3:50:57] as I said before and will [3:50:59] continue to work on those [3:51:00] issues more broadly than just [3:51:03] this intersection. But last [3:51:05] year there was a collision [3:51:07] incident at kerner and cottle [3:51:09] and I think our dot [3:51:11] representative talked about [3:51:12] some of the things that [3:51:14] resulted from that. We've added [3:51:16] delineation and striping red [3:51:18] curbing and daylighting at the [3:51:20] intersection and for those [3:51:23] of you not as familiar I know [3:51:24] it was talked about there's a [3:51:26] park, a community garden, a [3:51:29] significant tennis facility [3:51:31] there will a glen middle school [3:51:34] and willow glen high school it [3:51:35] is very active and I want to [3:51:38] specifically recognize the [3:51:39] willow glen neighborhood [3:51:41] association and marian sedar [3:51:42] quest who really helped [3:51:44] spearhead some of the response [3:51:46] to that incident last year. Now [3:51:49] because of the type [3:51:50] of application this project is [3:51:51] under state law the city is [3:51:53] limited in what it can require [3:51:54] the applicant including traffic [3:51:57] mitigation improvements. But I [3:51:59] did want to mention that with [3:52:01] planning staff and during the [3:52:02] design process the developer [3:52:04] did move the ingress egress [3:52:07] farther. I think it is north on [3:52:09] cottle in order to get farther [3:52:13] away from the intersection due [3:52:14] to obvious concerns about more [3:52:17] crowding at the intersection >> [3:52:19] and I know you know this [3:52:22] doesn't appeal to everybody but [3:52:23] the developer is building less [3:52:25] units than they could have [3:52:28] under state law. And you heard [3:52:30] the parking ratio at three and [3:52:33] a half and you know that is [3:52:37] certainly an improvement to [3:52:38] what this could have been. And [3:52:40] as vice mayor foley pointed [3:52:42] out, I live right up the [3:52:43] street. I probably I think I [3:52:45] was on kerner and connell [3:52:47] intersection this morning on [3:52:49] the way here. I'm there very [3:52:51] frequently. I get it and I know [3:52:53] that is a challenge. But [3:52:56] there's also the property that [3:52:58] is there has contributed to the [3:53:00] challenge and yes there are [3:53:03] some fantastic trees on the [3:53:04] property but basically the [3:53:06] property is the site is so that [3:53:10] there's created a blind spot [3:53:11] right on curtin and right on [3:53:13] cottle because its foliage is [3:53:16] right out on to onto the [3:53:18] street. This project will [3:53:20] provide a greater setback [3:53:22] at the front edge to create a [3:53:24] little bit less a lot less of a [3:53:26] blind spot at that intersection [3:53:28] both traveling southbound on [3:53:30] cottle and westbound on and [3:53:35] kirchner >> so I do we have [3:53:37] john I know are you here for us [3:53:39] for dougherty today sir? Yes, [3:53:42] ma'am. Council okay so there's [3:53:44] been talk about we can't [3:53:47] mandate the developer do [3:53:48] traffic study right? We've been [3:53:50] doing some of our own because [3:53:52] in the midst of this process [3:53:53] we've had other incidents occur [3:53:55] and of course today we want to [3:53:58] I want to talk about what we [3:53:59] can learn from the accident [3:54:02] that occurred today or the [3:54:03] incident that occurred today. [3:54:05] but talk >> to me about what [3:54:08] what I'd like to recommend is [3:54:10] that we do a city initiated [3:54:12] traffic study. It's beyond what [3:54:14] we're doing for and maybe we [3:54:16] could sort of piece it together [3:54:18] with what we're doing for the [3:54:19] crossing guard program to test [3:54:22] whether that's going to be [3:54:23] something we can do at this [3:54:24] corner. But to make sure that [3:54:27] we have a baseline of where we [3:54:28] are pre-construction [3:54:30] construction and then the the [3:54:32] concept of a post construction [3:54:35] but after the occupancy and [3:54:38] let's say that we get to 75% [3:54:41] occupancy see of the 12 units [3:54:43] before we would initiate a [3:54:45] second after construction [3:54:48] traffic study with the notion [3:54:50] that we would do it during [3:54:52] school time just like we're [3:54:53] talking about or it's a foley [3:54:55] loaded schedule both schools [3:54:57] are back. Is that something [3:54:59] that we can accommodate and and [3:55:01] you know put on the record now? [3:55:03] >> yeah, definitely we can work [3:55:06] with their staff to make sure [3:55:08] that that can happen and we'll [3:55:10] use this opportunity to obtain [3:55:12] what we can call like existing [3:55:14] operations and data and then [3:55:16] post as you said seven 5% [3:55:18] occupancy afterwards we can [3:55:20] go back out there and look [3:55:22] at the situation and obtained [3:55:23] it again. >> so I want to make [3:55:25] sure that we're on the same [3:55:26] page in terms of this [3:55:28] pre-construction study, I want [3:55:30] to make sure that we have this [3:55:32] one piece that's working [3:55:33] through the system relative to [3:55:35] testing whether it would rise [3:55:37] to try a crossing guard. But [3:55:40] then the other piece that I'm [3:55:42] talking about is getting an [3:55:43] overall baseline that might [3:55:45] require some other data so on [3:55:47] to make sure we're on the same [3:55:48] page and we'll work together to [3:55:49] make sure that scoping is right [3:55:51] . That's right. Correct. Okay. [3:55:53] >> and then I don't know if [3:55:57] you've had any experience with [3:56:00] you know, whether or not [3:56:01] there's anything we can learn [3:56:03] and we won't know until the [3:56:04] coming days from the incident [3:56:06] today and whether or not that [3:56:09] was exacerbated by roadway [3:56:12] conditions caused by roadway [3:56:14] conditions. Was there any [3:56:15] relationship between the [3:56:17] intersection and what happened? [3:56:19] I don't think anybody [3:56:21] of nobody's been out of this [3:56:22] building today to necessarily [3:56:24] investigate that. But I want to [3:56:25] make sure that there's a police [3:56:27] department engagement and [3:56:29] really understanding whether or [3:56:30] not there's anything we can [3:56:31] learn from today that can [3:56:33] inform other measures that we [3:56:35] may take at that intersection. [3:56:37] >> yeah. D.o.t. Typically works [3:56:40] with the police department to [3:56:41] look at the police reports for [3:56:42] various collisions to [3:56:44] understand what were the causes [3:56:47] of the collisions in the [3:56:47] incidents. Yeah. So when that [3:56:50] will be available we'll will [3:56:51] definitely make sure that [3:56:52] that's part of the study that [3:56:54] we do out there. Okay. Thank [3:56:56] you. And >> to the vice mayor's [3:56:58] point, I'll just double down [3:57:00] that if there's any you know, [3:57:03] discoloration in the [3:57:05] intersection as we sit here [3:57:06] today, that's probably [3:57:08] something we can get out and [3:57:09] and take care of pretty [3:57:11] quickly. Yes, we can work with [3:57:14] our d.o.t. Pavement crews to [3:57:16] refresh, as we say, the [3:57:18] existing striping out there. I [3:57:19] mean we've >> been we've done [3:57:20] work out there most recently [3:57:22] but a lot of times we put in [3:57:23] the new work but we don't [3:57:24] really check the old stuff and [3:57:26] I think we should do that. So [3:57:29] >> turning away from traffic I [3:57:30] just want to go back to trees. [3:57:33] this has been a very hot topic [3:57:34] lately here at council. Yes [3:57:38] they are removing 24 trees but [3:57:41] as I understand it and minera [3:57:42] maybe you can check my math on [3:57:44] this the development will plant [3:57:48] 81 new trees on this site which [3:57:52] is more than the 74 that would [3:57:54] be required at the site minera [3:57:55] can you confirm I have that [3:57:57] number right? Yes, that is [3:57:58] correct. So >> given the jury a [3:58:01] grand jury report we heard [3:58:03] at council last week, we know [3:58:04] how important trees are. I [3:58:06] think this will be helpful for [3:58:08] our tree canopy and the [3:58:09] well-being of our city. The one [3:58:11] thing I want to make sure we do [3:58:13] and I'm know I'm talking to the [3:58:16] chiefs of the department here [3:58:19] we have to make sure that every [3:58:21] one of those trees gets in the [3:58:22] ground, especially those street [3:58:25] trees, those ones that you know [3:58:28] matter the most to the people [3:58:29] that are expecting that we're [3:58:31] going to follow through when we [3:58:33] say we're going to expect trees [3:58:34] that they actually get planted. [3:58:36] so we want to make sure that [3:58:37] we're you know, on that before [3:58:39] they get their final. So I [3:58:43] would just say as a council [3:58:44] office and as your council [3:58:46] member will continue to work [3:58:48] with our residents and our [3:58:50] transportation partners as well [3:58:52] as us the san jose unified [3:58:54] school district leadership whom [3:58:56] we've spoken to before about [3:58:58] modifying school times which is [3:59:00] a state requirement and they [3:59:02] can't do that. That idea [3:59:03] of breaking up may be a little [3:59:05] bit different middle school [3:59:06] high school even five minutes [3:59:08] we've noted would make a huge [3:59:10] difference. State law >> will [3:59:12] not allow them to do that but [3:59:14] we'll continue to find ways to [3:59:16] keep our kids safe and working [3:59:18] with san jose unified on that. [3:59:20] >> I just want to say that [3:59:23] traffic safety I'm sort [3:59:25] of looking down the days here [3:59:26] it's probably top three for [3:59:28] every one of us as we hear from [3:59:29] our community and will continue [3:59:31] to be a point of interest. So [3:59:33] with that I do want to move [3:59:35] staff's recommendation to deny [3:59:37] the site development permit and [3:59:40] environmental appeals and to [3:59:42] approve this project second all [3:59:47] right, thanks council [3:59:48] appreciate >> all your good [3:59:49] questions and comments on the [3:59:52] trees. It may be a pet peeve [3:59:53] but with a strong preference [3:59:54] for native trees that are going [3:59:56] to actually provide real [3:59:57] longevity and canopy cover when [3:59:59] they get built out and what [4:00:00] little I don't know how you do [4:00:02] 60 some we don't want little [4:00:04] ornamental things I think some [4:00:05] real real trees would be great. [4:00:08] okay what else anything else [4:00:09] from colleagues I'm not seeing [4:00:12] anything. So toni, we need to [4:00:14] vote on this item motion from [4:00:16] councilor mulcahy [4:00:34] . Motion passes >> unanimously. [4:00:39] okay. Thank you, toni. All [4:00:41] right. Thank you to staff we [4:00:43] are on to item 10.3. This is [4:00:47] the general plan four year [4:00:50] review policy framework going [4:00:53] to have a staff presentation [4:00:55] then we'll move to public [4:00:56] comment and then we'll come [4:00:57] back to the council for [4:00:59] discussion and a motion I do [4:01:03] want to just note for the [4:01:03] public and we have a lot [4:01:05] of folks here who want to speak [4:01:06] as I mentioned before, we [4:01:09] strongly encourage folks to not [4:01:12] cheer and boos so that we can [4:01:14] hear people can have their time [4:01:15] at the mic and we can be [4:01:16] efficient so we're not here [4:01:17] until midnight. I also want to [4:01:19] [4:01:20] I see some very large signs and [4:01:24] I support your signs as an [4:01:25] expression of free speech. [4:01:26] however we ask you to keep them [4:01:29] down kind of in front of you [4:01:30] and do not block the person [4:01:32] behind you. Please be [4:01:33] respectful to your neighbors. [4:01:36] not everyone in the chamber [4:01:37] here agrees on this issue. I [4:01:38] think we're going to hear from [4:01:39] a wide range of perspectives. [4:01:43] one other note and toni, we'll [4:01:44] have more when we go to public [4:01:45] comment. Council members may [4:01:47] step back into the green room [4:01:48] to use the restroom or grab a [4:01:50] quick bite to eat. It's already [4:01:51] been a long day. We started [4:01:53] with closed session at 9:30 [4:01:54] a.m. Today. I want you to know [4:01:56] that in the back we have the [4:01:58] full meeting on screens and [4:01:59] full audio so people are [4:02:01] hearing every bit of the [4:02:02] presentation, every public [4:02:03] comment. It is not a way for [4:02:05] council members to duck out on [4:02:08] you. I just want you to be to [4:02:09] rest assured. Okay chris, I'm [4:02:12] going to turn to you to begin [4:02:13] the staff presentation and then [4:02:15] we'll go to public comment. [4:02:19] thank you, mayor chris burton, [4:02:22] director of planning building [4:02:24] code enforcement. I'm joined [4:02:25] here today by mira sand here, [4:02:28] deputy director of planning and [4:02:30] then ruth cueto and jared [4:02:32] ferguson who are our principal [4:02:34] planners within our citywide [4:02:36] planning team and have really [4:02:38] been the leads on this effort. [4:02:41] so today we're here to present [4:02:44] our recommended policy [4:02:45] framework for our four year [4:02:46] review of the general plan [4:02:49] before we get into the [4:02:50] specifics, I just wanted to [4:02:51] talk about where we are in the [4:02:53] process and what it is that [4:02:54] we're asking the city council [4:02:55] to do today. Today's action, [4:02:58] just to be clear does not amend [4:03:00] our general plan. It doesn't [4:03:01] change the zoning [4:03:03] of residential properties and [4:03:04] it would not approve [4:03:05] development projects or in [4:03:07] title any particular parcel. [4:03:09] what we're asking the city [4:03:10] council to do today is to [4:03:12] provide us with direction on [4:03:13] the policies staff should [4:03:14] develop and analyze and then [4:03:17] bring back for formal [4:03:18] consideration the proposed [4:03:21] general plan amendments, zoning [4:03:22] changes and development [4:03:24] standards and then all the [4:03:25] supporting analysis for the [4:03:27] environmental work would then [4:03:28] return to the planning [4:03:29] commission and the city council [4:03:31] for public hearings in december [4:03:32] of 27 and they want to [4:03:34] highlight that as we continue. [4:03:36] I want to highlight that [4:03:37] because we continue to receive [4:03:39] as you can see considerable [4:03:40] additional input from residents [4:03:42] particularly about small [4:03:44] multifamily or what we call our [4:03:46] missing middle portion of this [4:03:47] work a a lot of that feedback [4:03:50] that we've received has [4:03:51] centered around the scale [4:03:53] of future development and its [4:03:54] direct impacts on immediate [4:03:57] neighbors and then the [4:03:58] cumulative effect of change [4:04:00] within our residential single [4:04:01] family neighborhoods. And so [4:04:03] you know I just want to be [4:04:03] clear that today is not the end [4:04:04] of that conversation. You know, [4:04:07] it's very much that we're [4:04:10] asking council to determine [4:04:11] what staff should go study and [4:04:13] what issues need to be [4:04:14] addressed before a final [4:04:15] decision is made. Okay. So why [4:04:18] now? So this work is part of a [4:04:21] longer housing planning process [4:04:23] that the city undertakes. It [4:04:25] began with the adoption of the [4:04:27] sixth cycle of a housing [4:04:29] element and then the [4:04:30] certification by the state's [4:04:32] department of housing and [4:04:33] community development that [4:04:35] occurred back in early 2023 [4:04:38] city council saw this in 2022 [4:04:41] when we often talk about the [4:04:42] housing element a lot of people [4:04:44] think about the regional [4:04:45] housing needs allocation number [4:04:47] that's the 62,000 residential [4:04:49] unit number that you often hear [4:04:51] spoken about. But the document [4:04:53] itself also includes over 90 [4:04:56] policies that the city [4:04:57] committed to undertake to [4:04:59] promote the availability and [4:05:00] the diversity of housing [4:05:02] throughout san jose. Our most [4:05:04] recent housing element included [4:05:06] commitments to create the small [4:05:08] multifamily housing [4:05:09] opportunities as well as to [4:05:11] update our urban village [4:05:12] strategy which we'll touch on [4:05:14] as well. We'll as I said refer [4:05:17] to it multiple times throughout [4:05:19] this presentation. They're the [4:05:22] agency with the state that's [4:05:23] responsible for the [4:05:24] certification but also the [4:05:25] monitoring of the [4:05:27] municipalities housing elements [4:05:30] and they've made it very clear [4:05:31] that they'll continue to [4:05:32] monitor the city's [4:05:33] implementation of those [4:05:34] commitments throughout this [4:05:35] period. At the same time we're [4:05:37] looking to prepare for our next [4:05:39] housing element. That cycle [4:05:40] will run from 2031 to 2039 and [4:05:45] that's due to the state well it [4:05:46] needs to be certified by the [4:05:48] state prior to january 31st [4:05:50] of 2031. You know big picture [4:05:53] land use planning like this and [4:05:56] the type of decisions that are [4:05:57] needed to support a housing [4:05:59] element at this scale can't [4:06:01] just be done the last minute. [4:06:03] really what we're looking at is [4:06:04] major general plan amendments, [4:06:05] zoning changes, environmental [4:06:07] review as well as [4:06:08] infrastructure planning and all [4:06:10] of the community engagement [4:06:11] that needs to happen [4:06:12] sequentially. And so that's why [4:06:14] we're undertaking this review [4:06:15] right now at the midpoint [4:06:17] between those two housing [4:06:18] elements. So we're just trying [4:06:21] to give you a sense of the [4:06:22] overall timeline and put [4:06:24] today's decision in perspective [4:06:26] of the current housing element. [4:06:28] establish those commitments [4:06:29] that I spoke to council that [4:06:31] approved the scope of the full [4:06:33] year review in june of 2025. It [4:06:36] was a reduced scope and [4:06:38] direction and also included [4:06:40] using the planning commission [4:06:42] as the task force for this [4:06:43] particular four year review [4:06:45] which is different from the two [4:06:46] prior iterations that we had [4:06:48] completed and then we proceeded [4:06:50] to have them meet in that [4:06:51] compressed timeline between [4:06:54] october of 2025 and june [4:06:55] of 2026. So today is council is [4:06:59] considering that policy [4:07:00] framework as you then provide [4:07:02] us direction we'll begin the [4:07:04] environmental review process, [4:07:06] prepare all of the [4:07:07] documentation and zoning [4:07:08] amendments, the general plan [4:07:09] amendments and then develop the [4:07:11] actual program standards while [4:07:14] continuing to engage with the [4:07:16] public through the fall of 2027 [4:07:18] we anticipate to be back in [4:07:20] full in front of council [4:07:21] probably by december of 2027 [4:07:24] with the actual decisions the [4:07:26] proposed amendments I'm sorry. [4:07:29] yes. By december 27th and that [4:07:31] work will help us establish the [4:07:33] land use foundation for that [4:07:34] next housing element. And so [4:07:36] the reason that we're targeting [4:07:38] 2027 is our last housing [4:07:39] element took us approximately [4:07:41] two and a half years to [4:07:42] complete and then we have an [4:07:44] additional sort of work with [4:07:45] hpd to actually get that done [4:07:48] and over the goal line before [4:07:49] january of 31. So this process [4:07:52] very much has a beginning, very [4:07:53] much has a middle and an ending [4:07:55] and right now we're kind of in [4:07:56] that middle phase. So just to [4:08:00] review the scope that council [4:08:01] gave us and we stuck fairly [4:08:04] well within that scope it did [4:08:06] expand slightly but first we [4:08:08] wanted to look at increasing [4:08:09] the residential capacity so the [4:08:11] current general plan plan for [4:08:12] about 120,000 residential units [4:08:15] the 62,000 units in the current [4:08:17] housing element pretty much [4:08:18] got us there on the total [4:08:19] capacity. So that we know by [4:08:21] 2031 we're going to have to [4:08:23] identify additional units [4:08:25] throughout the city to meet the [4:08:26] state's goals. Secondly, the [4:08:29] scope was intended to help us [4:08:30] maintain an appropriate balance [4:08:32] between the number of jobs in [4:08:33] the city as well as the [4:08:34] employed residents. That's a [4:08:36] core element of our general [4:08:38] plan and then third and fourth [4:08:41] with the two commitments that [4:08:43] we made in the prior housing [4:08:44] element. So firstly that small [4:08:46] multifamily housing program and [4:08:48] then lastly updating our urban [4:08:50] village strategy which was a [4:08:51] commitment under program 40 and [4:08:55] the housing element. And so [4:08:56] each of these elements really [4:08:58] addressed a different part [4:08:59] of san jose's long term growth [4:09:00] strategy and the common [4:09:02] question throughout is how the [4:09:04] city can accommodate its [4:09:05] housing obligations while [4:09:06] continuing to plan for the [4:09:08] infrastructure, employment [4:09:10] services and complete [4:09:12] neighborhoods that we aspire [4:09:14] to. So the recommendations were [4:09:18] developed through that [4:09:19] taskforce process. We included [4:09:21] the community and stakeholder [4:09:22] outreach. Obviously staff is [4:09:24] heavily involved with our [4:09:25] analysis and then that's [4:09:27] brought forward through the [4:09:28] planning commission for their [4:09:29] consideration. It's really the [4:09:31] planning commission's [4:09:32] recommendation based on the [4:09:33] taskforce recommendation that [4:09:35] we're presenting today. [4:09:37] obviously the planning [4:09:38] commission wasn't asked about [4:09:39] final ordinance language. We [4:09:41] didn't get into details on many [4:09:43] of these programs. It was [4:09:44] really recommending the [4:09:45] structure of the framework that [4:09:47] staff can then use to begin [4:09:49] preparing all of the language [4:09:50] that will come back later that [4:09:53] the same is true for council's [4:09:54] action today and that framework [4:09:55] really establish all of the [4:09:57] issues that we need to analyze. [4:10:00] it certainly doesn't settle [4:10:01] every one of the design [4:10:02] standards or the geographic [4:10:04] considerations or even the [4:10:05] development requirements that [4:10:07] we expect to come from this [4:10:08] work. Those details will, you [4:10:10] know, really determine both the [4:10:12] effects of the program on local [4:10:13] neighborhoods as well as [4:10:15] whether it's likely to abuse [4:10:16] the housing that we are trying [4:10:18] to achieve and that work all [4:10:20] really still lies ahead. Okay. [4:10:23] so I did want to touch very [4:10:24] briefly on kind of where the [4:10:26] planning commission landed on [4:10:27] their recommendations. So the [4:10:29] planning commission recommended [4:10:30] moving forward with staff [4:10:32] changes to the several general [4:10:34] plan density ranges the land [4:10:36] use changes along the alameda [4:10:38] and on certain mixed use [4:10:40] commercial sites and sb 1333 [4:10:43] sites that we identified. They [4:10:47] forwarded the recommendation [4:10:48] of a framework for public [4:10:49] public quayside public lands [4:10:52] throughout the city as well as [4:10:54] the update to the urban village [4:10:56] strategy and the small [4:10:57] multifamily program. They also [4:10:59] agreed with staff's [4:11:01] recommendation to maintain the [4:11:02] current jobs to employed [4:11:03] residents ratio target of 1.1. [4:11:08] so that's 1.1 jobs for every [4:11:11] employed resident. The [4:11:12] commission voted separately. [4:11:14] next slide on an individual [4:11:18] items sorry on that previous [4:11:21] one. And when the commission [4:11:23] voted they actually took all [4:11:24] of the items individually and [4:11:26] voted on each one. So just [4:11:28] wanted to note that on the [4:11:30] small multifamily program the [4:11:32] commission voted 9 to 2 [4:11:34] recommend approval of that. [4:11:36] they did not they were not able [4:11:39] to get to a majority [4:11:40] recommendation on the proposed [4:11:42] winchester boulevard land use [4:11:43] changes. Therefore council has [4:11:46] the staff recommendation that [4:11:48] was presented to the task force [4:11:50] and the planning commission and [4:11:52] then obviously there are [4:11:53] alternatives described in the [4:11:55] memorandum from the [4:11:56] councilmembers. Okay. So I [4:11:58] wanted to spend the majority [4:12:00] of our time just discussing the [4:12:01] small multifamily housing [4:12:03] program because obviously this [4:12:06] is the portion of the work [4:12:07] that's really garnered the [4:12:09] greatest public interest at its [4:12:13] most basic version missing [4:12:14] middle housing refers to [4:12:16] housing forms somewhere between [4:12:18] a detached single family home [4:12:20] and a larger apartment building [4:12:22] and that may include, you know, [4:12:24] different types of housing such [4:12:25] as duplexes fourplex townhomes [4:12:28] or even sort of small apartment [4:12:30] buildings on larger lots. But [4:12:33] it's really designed at a [4:12:34] neighborhood scale, right? It's [4:12:36] intended to integrate with [4:12:37] existing neighborhoods. The [4:12:39] policy objective is to really [4:12:41] create more housing choices in [4:12:43] parts of the city where those [4:12:44] choices are limited somewhat [4:12:45] today. But obviously how we [4:12:47] create these standards has a [4:12:49] significant impact on the [4:12:50] outcomes for individual [4:12:52] properties and then the [4:12:53] surrounding neighborhoods in [4:12:54] those areas. The final number [4:12:56] of units on an individual [4:12:58] property can certainly be [4:12:59] affected by a number of things [4:13:01] that include parcel size, you [4:13:03] know adu requirements and laws, [4:13:05] density bonus law, how [4:13:07] properties are subdivided and [4:13:09] then there are other state [4:13:10] requirements that we have as a [4:13:11] consideration. I do want to [4:13:13] assure the council that you [4:13:14] know we've tried to be really [4:13:15] candid about that throughout [4:13:17] our outreach with the public [4:13:18] and throughout the task force [4:13:19] process and as we develop these [4:13:21] programs. So again, just a note [4:13:25] and you know I'm sure we'll [4:13:27] touch on this more as we get [4:13:28] into questions. Our small [4:13:30] multifamily housing program is [4:13:32] not in new obligation. You [4:13:34] know, this is not the first [4:13:35] time we introduced it through [4:13:36] this process. P35 is the [4:13:38] program in our housing element [4:13:41] and I just wanted to sort [4:13:42] of bring this up as a reference [4:13:43] not only did we include it in [4:13:45] housing element but it was also [4:13:48] referenced heavily in the [4:13:50] certification letter that we [4:13:51] received from hpd that you [4:13:54] know, really noted the creation [4:13:55] of this program as an important [4:13:56] move for san jose and its [4:13:58] housing element and the [4:14:01] included program contemplated [4:14:04] as written at least four and up [4:14:06] to ten units in locations [4:14:08] throughout the city. Those [4:14:10] commitments don't prescribe [4:14:11] every detail in the final [4:14:12] ordinance. They do mean that as [4:14:14] a city we must develop a [4:14:15] program that is legally [4:14:17] adequate and reasonably capable [4:14:19] of being used to meet those [4:14:21] obligations and commitments in [4:14:22] the housing element a program [4:14:24] that purely exists on paper and [4:14:26] produces no meaningful new [4:14:28] housing would not satisfy the [4:14:32] housing element for the [4:14:32] purposes of cdw's review and [4:14:35] that does represent a [4:14:36] compliance risk which we [4:14:38] believe is significant in [4:14:39] recent conversations that we've [4:14:41] had with the state. Failure to [4:14:44] implement our commitments in [4:14:45] the certified housing element [4:14:46] could expose the city to [4:14:48] financial penalties and [4:14:50] potential impacts on our [4:14:51] ability to approve certain [4:14:52] permits and ultimately the [4:14:54] possibility of decertifying our [4:14:56] housing element and the [4:14:57] reopening of the city to build [4:14:59] as remedy applications. You [4:15:02] know that's not something that [4:15:03] oecd takes lightly. It's also [4:15:05] not something that would be [4:15:06] immediate but it is something [4:15:09] that we've seen as you know, a [4:15:10] tool that they've used with [4:15:12] other communities throughout [4:15:13] california. I just want to be [4:15:16] clear the council does have [4:15:17] discretion in you know, [4:15:19] designing this program but that [4:15:21] discretion needs to be in the [4:15:22] context of clear understanding [4:15:23] that not all the alternatives [4:15:25] carry equal compliance risk. [4:15:28] okay. The other thing that I [4:15:29] think is really important that [4:15:30] we've been trying to highlight [4:15:32] through this process is to [4:15:33] recognize the existing [4:15:35] condition that we face today [4:15:37] which is not simply one home on [4:15:39] every residential parcel over [4:15:42] the past seven years we've seen [4:15:43] over 450 bills passed by the [4:15:45] state that impact our ability [4:15:47] and the way we approve housing. [4:15:50] our workers transition [4:15:52] significantly in that period [4:15:55] and the state has really [4:15:55] changed what can occur [4:15:57] throughout the city. So some [4:15:58] of the most important bills [4:16:00] that we deal with in single [4:16:01] family neighborhoods include [4:16:03] senate bill nine which allows [4:16:04] for a qualifying residential [4:16:06] parcel to accommodate either a [4:16:08] duplex can be subdivided into [4:16:10] two parcels or a combination [4:16:13] that could result in as many as [4:16:14] four primary units on the [4:16:16] existing single family lot. [4:16:18] senate bill 1123 creates [4:16:21] additional subdivision [4:16:22] opportunities on either a [4:16:23] vacant parcel or that's been [4:16:25] extended to include where you [4:16:26] can subdivide off the existing [4:16:28] home and the remainder of the [4:16:30] lot could accommodate up to ten [4:16:32] parcels. And then we also have [4:16:35] adu laws that allow allow [4:16:37] additional units beyond the [4:16:38] sort of base density and state [4:16:40] density bonus laws which can [4:16:42] increase allowable density and [4:16:43] provide as we saw in the [4:16:45] previous project a series [4:16:46] of waivers from some of our [4:16:48] local development standards and [4:16:51] those laws apply whether or not [4:16:52] san jose creates this program. [4:16:55] the question is therefore [4:16:56] really not whether resident [4:16:59] residential neighborhoods will [4:17:01] ever change. Some changes [4:17:03] already permitted by and [4:17:04] occurring under those existing [4:17:06] state laws. You know, I think [4:17:08] what we're trying to do with [4:17:10] our approach is create a local [4:17:12] pathway that produces housing [4:17:14] in a more coordinate gated and [4:17:16] predictable physical form with [4:17:19] objective standards that [4:17:20] address things like height [4:17:21] setbacks, lock coverage, open [4:17:24] space privacy access, all [4:17:26] of those other sort [4:17:27] of neighborhood conditions that [4:17:28] can remain within our control [4:17:30] as we design our own program [4:17:32] versus being subject to those [4:17:34] state laws. You know choosing [4:17:36] not to develop a local program [4:17:38] doesn't necessarily preserve [4:17:39] the status quo. I think that's [4:17:40] the point we're ultimately [4:17:41] trying to make and we are [4:17:43] certainly seeing a number [4:17:44] of these outcomes where [4:17:45] applicants are coming in and [4:17:47] layering various state laws in [4:17:49] different ways to maximize [4:17:51] their opportunity. So it's [4:17:54] going to touch a little bit on [4:17:55] density. I apologize that this [4:17:57] slide the text is a little [4:17:58] small. We can certainly dive [4:18:01] into the details but our [4:18:02] initial recommendation was to [4:18:04] evaluate an increase across the [4:18:06] residential neighborhood [4:18:07] designation to go from eight [4:18:10] units per acre to 32 dwelling [4:18:12] units per acre. So a typical [4:18:15] residential parcel throughout [4:18:16] san jose is somewhere between 5 [4:18:20] and 6000ft². So if you see on [4:18:22] this chart between 3000 and [4:18:24] 8000ft² you've got 84% of all [4:18:27] single family residential [4:18:28] parcels throughout the city. So [4:18:31] really what we're aiming for is [4:18:32] to raise that that base density [4:18:36] to allow for units on the vast [4:18:38] majority of parcels. I do want [4:18:40] to acknowledge as you'll see [4:18:41] at the bottom of that chart [4:18:42] that state adu requirements can [4:18:44] affect the potential total [4:18:45] number of units and we also [4:18:47] deal with state density bonus [4:18:49] on certain lots that requires [4:18:51] more units to start with but [4:18:53] that can affect the number [4:18:55] further for qualifying [4:18:56] projects. But ultimately when [4:18:58] you think about the vast [4:19:00] majority of parcels throughout [4:19:01] the city size constraints for [4:19:04] primary units you know will [4:19:07] ultimately limit how how they [4:19:08] will build out and what we will [4:19:10] ultimately see in these areas [4:19:13] beyond that number, obviously [4:19:15] there's a lot of work to be [4:19:16] done around development [4:19:17] standards so how can people [4:19:18] actually build and I think this [4:19:20] is the crux of the discussion [4:19:22] is these are the things that we [4:19:23] are able to implement as a city [4:19:25] under our program and have a [4:19:27] little bit more control. You [4:19:28] know density is only the one [4:19:29] part of the program. It's the [4:19:31] standards that will largely [4:19:33] determine what housing looks [4:19:34] like and feels like on the [4:19:35] ground. The current framework [4:19:38] would retain the existing [4:19:40] height limit in residential [4:19:41] neighborhood which is 35ft. [4:19:43] right now that provision is for [4:19:45] two and a half stories. We [4:19:46] would change that to three [4:19:48] stories. Two and a half means a [4:19:49] split level home can [4:19:51] essentially said the same [4:19:52] height. This allows you to use [4:19:55] that height more effectively to [4:19:56] use three stories and I have [4:19:58] some examples I'll show in a [4:20:00] moment just what that means. We [4:20:02] also develop objective [4:20:03] standards for setbacks floor [4:20:05] area ratio, things like lock [4:20:07] coverage, parcel size whether [4:20:09] or not we allow a lot mergers [4:20:11] you know some of the provisions [4:20:12] around historic properties and [4:20:14] other physical design [4:20:15] considerations and obviously [4:20:17] we've heard a lot about parking [4:20:19] as a concern as well from [4:20:22] staff's perspective. We began [4:20:24] with the city's current [4:20:25] citywide policy which is we [4:20:26] currently do not have a minimum [4:20:28] parking requirement but you [4:20:30] know, hearing not just from the [4:20:32] task force but from community [4:20:34] members and certainly some [4:20:36] of the memos that we've seen [4:20:37] from the city council, you [4:20:39] know, that is one of the things [4:20:40] that we want to bring into that [4:20:41] consideration. You know, there [4:20:44] are certain state laws that [4:20:45] impact our ability to implement [4:20:47] parking minimums across the [4:20:49] city and there's portions [4:20:51] of the city where because [4:20:52] of its proximity to transit [4:20:53] access we will not be able to [4:20:55] institute new parking minimums. [4:20:57] but there are parts of the city [4:20:58] that we can consider that. I [4:21:00] think just overall in creating [4:21:02] these programs we just need to [4:21:03] be mindful of balancing the [4:21:05] objectives to preserve [4:21:07] community character which is [4:21:08] really how we're approaching [4:21:09] this against standards that are [4:21:11] so restrictive that parcels [4:21:13] can't be built at all because [4:21:14] we know will run afoul of hpd [4:21:16] on that the work between now [4:21:19] and 2027 is really finding that [4:21:20] balance and a program that the [4:21:23] market could actually use you [4:21:25] know, with the strongest [4:21:26] locally enforceable standards [4:21:28] that we can reasonably [4:21:28] establish. We also need to look [4:21:31] sort of beyond the individual [4:21:33] parcel, you know, and think [4:21:35] about some of the bigger [4:21:36] issues. And again I think this [4:21:37] relates to the prior [4:21:38] conversation. So as we see [4:21:40] residential capacity increase [4:21:41] throughout the city, we need to [4:21:43] consider cumulative effects on [4:21:45] transportation, on utilities, [4:21:47] parks, schools, emergency [4:21:49] response as well as other [4:21:51] infrastructure. And again [4:21:52] that's much of the work that [4:21:53] occurs between now and the end [4:21:55] of 2027 and we also want to [4:21:58] make sure that we're evaluating [4:22:00] whether other general plan [4:22:02] policies ensure that new [4:22:04] development can reasonably [4:22:05] contribute to the services and [4:22:06] infrastructure that the [4:22:08] residents will need. Okay. So I [4:22:12] just wanted to highlight just a [4:22:13] couple of examples. Now these [4:22:14] are examples in san jose. [4:22:16] they're not currently in [4:22:17] residential neighborhood [4:22:18] because this is the change [4:22:19] we're proposing but there are [4:22:21] adjacent to existing single [4:22:23] family neighborhoods so this [4:22:25] property is 39 lester avenue. [4:22:27] this is a 40 500 square foot [4:22:29] parcel. There's three units [4:22:31] they have four parking spaces. [4:22:33] the height of this building is [4:22:34] actually just above right? So [4:22:36] you know, this is again not in [4:22:38] a residential neighborhood so [4:22:40] you know, standards wouldn't [4:22:41] allow this. It would be [4:22:42] slightly lower. But so the [4:22:44] density of what this project is [4:22:46] is about 30 units to the acre [4:22:48] right now. So it just gives you [4:22:49] a sense of the scale of that [4:22:51] type of development. The next [4:22:53] example this is on park avenue [4:22:56] at 1945 park. Again we sort [4:22:58] of took a slightly zoomed out [4:22:59] version and you can kind of see [4:23:01] how the lot relates to the [4:23:02] surrounding area. This is a [4:23:05] larger lot. This is almost an [4:23:06] 8000 foot lot and again, you [4:23:09] know the market's coming in to [4:23:10] really dictate how they [4:23:12] approach development on these [4:23:13] in this instance it's a three [4:23:15] unit project so this is you [4:23:17] know, lower this is 17 units to [4:23:19] the acre but this is what the [4:23:21] developer at the time felt like [4:23:23] was applicable. I think just [4:23:25] the important thing as we talk [4:23:26] about those standards the [4:23:27] difference between two and a [4:23:28] half stories and three stories [4:23:30] is the three stories allow that [4:23:32] parking to be on the ground [4:23:33] floor, right? And then you get [4:23:35] two livable stories above it. [4:23:37] and so that's how it's being [4:23:38] accommodated in that [4:23:39] configuration. Those are [4:23:40] separate so I just wanted to [4:23:44] finish on some next steps and [4:23:46] our timeline I think for the [4:23:50] next I know you could if [4:23:52] council provides direction [4:23:53] today staff will prepare draft [4:23:55] general plan amendments, zoning [4:23:58] ordinance changes objective [4:23:59] development standards and [4:24:01] environmental analysis will [4:24:03] continue to do engagement with [4:24:04] the community with residents as [4:24:06] well as property owners, [4:24:08] housing advocates, developers, [4:24:09] neighborhood organizations and [4:24:11] other affected stakeholders. [4:24:13] when this work returns in 2027, [4:24:15] council will have the actual [4:24:17] proposed policy language and we [4:24:19] will be looking for [4:24:20] opportunities to engage with [4:24:21] committee and council in [4:24:23] advance of that we'll also have [4:24:25] the environmental analysis and [4:24:27] the results of additional [4:24:28] outreach and a clearer [4:24:29] understanding of the kind [4:24:31] of legal, physical and economic [4:24:33] implications of the [4:24:34] alternatives. And really that's [4:24:35] the point when council will [4:24:37] decide what to adopt. The [4:24:39] additional constraint I do just [4:24:41] want to touch on and then I'm [4:24:42] going to talk a little bit [4:24:43] about some of the memos that [4:24:45] council put forward is [4:24:47] obviously the other [4:24:49] consideration we have as we [4:24:51] go into the next phase [4:24:53] of development is staff [4:24:54] capacity. You know we have this [4:24:56] tight time frame and we're [4:24:58] working towards that formal [4:25:00] consideration in december of 27 [4:25:02] and the work you know has to [4:25:04] position the city to begin [4:25:05] preparing that next housing [4:25:07] element as we've previously [4:25:09] discussed, our citywide [4:25:11] planning capacity is limited. [4:25:12] we'll be back in front [4:25:13] of council on october 6th so a [4:25:17] little over a month to review [4:25:20] the work plan and talk about [4:25:21] priorities and so we'll be [4:25:22] taking all of the work that [4:25:24] council directs today and [4:25:26] wrapping it into that analysis [4:25:28] so we can just show kind [4:25:29] of where all of that sits. So [4:25:31] you know, we just want to [4:25:32] highlight that as we think [4:25:33] about the different [4:25:34] alternatives and as we look [4:25:35] at different things to study [4:25:36] and evaluate like all of that [4:25:38] kind of goes into those [4:25:40] aspects. So we did just want to [4:25:42] touch briefly on the memos that [4:25:44] we received from the city [4:25:46] council just to kind [4:25:47] of highlight some of the pieces [4:25:48] in there. So firstly the memo [4:25:51] from the mayor, [4:25:53] councilmember campos cohen, the [4:25:55] vice mayor and [4:25:56] councilmember casey, you know, [4:25:58] I think there's a number of the [4:26:00] recommendations here absolutely [4:26:01] we can accommodate within the [4:26:02] analysis such as the parking [4:26:04] minimums, the reference to the [4:26:07] pickup work and then the [4:26:09] neighborhood serving commercial [4:26:11] and some of the considerations [4:26:12] there. The two things that we [4:26:14] just wanted to touch on [4:26:15] obviously as I was just noting [4:26:17] on capacity to the extent that [4:26:19] we could have you know, very [4:26:20] broad on our ranges that's [4:26:23] additional analysis that we [4:26:25] have to do so does potentially [4:26:26] impact our timeline. We did [4:26:29] talk to aicd earlier this week [4:26:33] and I can dive in a little bit [4:26:34] more about some of those [4:26:35] conversations but I think one [4:26:37] of our considerations from that [4:26:38] conversation is that 16 when [4:26:41] you think about an 8000 foot [4:26:43] lot right now gets you a single [4:26:45] unit at eight to the acre if [4:26:48] you do a lot split under sb [4:26:50] nine that's essentially 16 to [4:26:52] the acre. And so aicd confirmed [4:26:54] that that they're understanding [4:26:55] the 16 to the eight doesn't [4:26:57] really significantly move us [4:26:58] forward so that would be a [4:27:00] concern just as a risk as we [4:27:02] think about that. The other was [4:27:05] the recommendation around the [4:27:06] cottle road, the south side [4:27:07] community center. This is just [4:27:09] a technical note that will [4:27:10] bring back in the analysis the [4:27:12] community center in the fire [4:27:14] station are on the same parcel. [4:27:16] so we would just recommend [4:27:17] keeping the fire station as [4:27:18] peaky otherwise we're fine with [4:27:21] that one. Next up I just wanted [4:27:23] to reference quickly the [4:27:24] accounts the memo from [4:27:25] councilmembers ken dallas ortiz [4:27:27] and mulcahy. And so again I [4:27:30] think the conversation around [4:27:32] the second general plan [4:27:34] amendment cycle is something we [4:27:35] can accommodate and the [4:27:37] discussion around the mixed use [4:27:39] commercial sites around west [4:27:41] san carlos is consistent with [4:27:43] the staff approach obviously [4:27:45] you know I'm sure we'll have a [4:27:46] conversation around the mixed [4:27:50] use neighborhood sites and [4:27:53] around the corry neighborhood. [4:27:56] I think you know councilmember [4:27:57] little katie, you know you've [4:27:59] put forward your recommendation [4:28:00] through this memo as we think [4:28:03] about that, you know the net [4:28:05] unit yield on those sites is [4:28:08] relatively low. So just being [4:28:09] mindful of, you know, the [4:28:11] benefit of maintaining some [4:28:12] of the commercial right versus [4:28:14] going to smaller projects as [4:28:19] far as the streamlined process [4:28:20] around steps on peak plans, [4:28:23] that's something we would refer [4:28:24] to the budget process obviously [4:28:26] as a cost recovery department [4:28:28] we don't have the ability to [4:28:29] reduce fees in any way so [4:28:31] council would have to [4:28:32] supplement that program with [4:28:33] additional money to support [4:28:35] those applications. And then [4:28:37] lastly sort of ground up on [4:28:39] this one I apologize. I do want [4:28:41] to touch on the recommendation [4:28:42] about geographic exclusions. I [4:28:45] think you know, certainly we'd [4:28:47] been considering the impact on [4:28:48] fire severity zones and it's [4:28:50] something we're very mindful [4:28:52] of and sort of you know, [4:28:53] expanding that and being really [4:28:54] careful about how we plan that [4:28:56] is something we definitely want [4:28:57] to accommodate. I do want to [4:28:59] talk about the areas with [4:29:01] medical high vmt, the planned [4:29:04] development areas as well as [4:29:06] the area specific plans. The [4:29:08] challenge we run into with [4:29:09] limiting geography is that p35 [4:29:13] in the housing element [4:29:14] explicitly called out high [4:29:15] resource areas and we talk [4:29:17] about this and we can happily [4:29:19] go into more details but I did [4:29:20] want to just show a map of our [4:29:21] high resource areas and so the [4:29:23] very dark blue and the sort [4:29:25] of teal color that doesn't come [4:29:27] through very well in the screen [4:29:28] but the darker colors are our [4:29:30] high resource areas and they [4:29:31] tend to align with many [4:29:33] of those geographic exclusions. [4:29:35] and so we feel that, you know, [4:29:37] there's a potential for us to [4:29:38] run afoul of the intent of the [4:29:40] program to provide those [4:29:42] opportunities in high resource [4:29:43] areas if we start to exclude [4:29:45] them through some of these [4:29:46] geographical exemptions. And [4:29:49] then the memo from [4:29:52] councilmember committee and to [4:29:52] rios, I think for the most [4:29:54] part, you know, we can [4:29:56] absolutely accommodate this in [4:29:57] the analysis we did just want [4:29:59] to point out that the work with [4:30:00] idr is actually we actually [4:30:01] have language included in the [4:30:03] pledge priorities around [4:30:05] density bonus law. It's an [4:30:06] issue that we've run up against [4:30:08] recently. I did also want to [4:30:10] acknowledge the memo from [4:30:12] councilmember dwan. Obviously [4:30:13] there's less of a focus for [4:30:15] city work for staff work and [4:30:17] that's obviously more of a [4:30:18] conversation for city council [4:30:20] as far as deferring the [4:30:21] discussion. So there's a lot [4:30:23] there certainly there's a lot [4:30:25] more detail that we're happy to [4:30:27] go into as a part of the [4:30:28] discussion and so staff's [4:30:30] available for questions. Thank [4:30:33] you chris. Just as I turn to [4:30:35] toni to begin public comment, I [4:30:36] believe we have over 100 [4:30:39] comment cards in the chamber [4:30:40] and likely over 100 online. So [4:30:43] even at a minute per speaker [4:30:45] we're going to be here for a [4:30:46] while. So again, I want to [4:30:47] thank you all for your time, [4:30:50] your participation. This is [4:30:53] this is democracy. I think it's [4:30:55] great. I do want to note that I [4:30:58] know folks are going to be are [4:31:00] going to want to cheer and boo [4:31:01] and again, that's just going to [4:31:02] slow us down and force us to [4:31:04] stop and ask for order in the [4:31:06] chamber. So I'd ask that you [4:31:07] help us move efficiently [4:31:08] through what may be 2 or 3 [4:31:10] hours of public comment. Toni, [4:31:13] please I'll turn to you >> as a [4:31:15] reminder speakers must comply [4:31:17] with the city's code of conduct [4:31:18] for public meetings. Please [4:31:19] direct comments to the body [4:31:20] limit remarks to the agenda [4:31:22] item and observe the time limit [4:31:24] conduct that materially [4:31:25] disrupts the meeting or [4:31:26] interferes with others ability [4:31:27] to participate may result in [4:31:29] muting or removal as authorized [4:31:30] by law. I have 118 cards in [4:31:35] person I have not looked I have [4:31:39] 16 hands are up so far 119 [4:31:42] people online. I'm going to [4:31:44] call between 20 and 30 names in [4:31:47] person. Then I'll bump over [4:31:48] online and call a few names [4:31:50] there and then I'll go back and [4:31:52] forth with the larger group [4:31:54] being the in person if you want [4:31:57] to speak and then exit we ask [4:31:59] you to exit quietly because [4:32:01] there's so many speakers we [4:32:02] don't want the people at the [4:32:03] end of the queue to have to [4:32:04] wait extra time because we need [4:32:06] to quiet people down. Thank [4:32:08] you. So in the order that we [4:32:10] received your cards larry james [4:32:12] come on down robert. Robert [4:32:16] squirrel doug andre kristen [4:32:22] brasi, jim wendling and michael [4:32:26] schumacher. Come on down larry [4:32:38] james are larry and larry [4:32:40] james. Yes. Thank you very [4:32:43] much. Yeah, I stood up when you [4:32:44] were five. It's confusing [4:32:49] my ready to go I start. Hello [4:32:51] mayor. Man and sound of the [4:32:53] city council. Thank you for [4:32:54] having me and thank you very [4:32:55] much for your dedicated [4:32:56] service. This is a very [4:32:57] important issue to [4:32:58] me personally. I am larry [4:33:00] james. I'm a resident of the [4:33:02] city of santa clara. I am a [4:33:04] small business owner currently [4:33:05] launching a startup called the [4:33:07] always outdoorsman. I think [4:33:09] this issue is extremely [4:33:10] important because number one I [4:33:12] have a very large concern about [4:33:15] the lack of affordable housing [4:33:17] as a percentage of the total [4:33:19] that the state is imposing on [4:33:20] the cities. Right. Is it 2% or [4:33:22] I don't know what it is but [4:33:25] okay, it's higher than that. [4:33:25] but whatever it's not enough, [4:33:27] right? We don't have enough [4:33:28] affordable housing and that is [4:33:29] the crisis right? So I would [4:33:31] urge the city of san jose to [4:33:34] make sure that you are using [4:33:36] your properties that are [4:33:37] available to you and build [4:33:39] large complex as much as [4:33:41] possible. Right. So that you're [4:33:43] centralizing you know you want [4:33:45] to build these smart cities and [4:33:47] what whatever you're doing and [4:33:48] I think that's great but what [4:33:50] really concerns me >> I'm sorry [4:33:54] that your time >> that's okay. [4:33:57] I'll keep an eye on this. Yeah. [4:34:00] next speaker okay. Good [4:34:03] evening. My name is rob. I'm a [4:34:04] principal planner at vta. We [4:34:07] submitted a comment letter on [4:34:08] friday. It's included in packet [4:34:10] seven of the public comment [4:34:12] just to reiterate whittier [4:34:14] urges the city council to adopt [4:34:15] the framework recommended by [4:34:17] the planning commission [4:34:18] including the recommendation in [4:34:19] the small multifamily category [4:34:21] to increase the density of our [4:34:22] end to 32 units to the acre. [4:34:25] vta also notes the city set a [4:34:27] progressive direction in 2012 [4:34:29] excuse me 2022 of adopting a [4:34:31] transit first policy as well as [4:34:33] removing minimum parking [4:34:34] requirements and we encourage [4:34:36] the city council to build on [4:34:38] those previous policies with [4:34:40] this general plan for a review. [4:34:42] and finally we would like to [4:34:44] continue to work with the city [4:34:46] city staff to look for a path [4:34:48] for allowing residential mixed [4:34:49] use and the vta sereny and [4:34:52] santa teresa and sites. Thank [4:34:54] you very much. >> thank you. [4:34:56] next speaker matt larson and [4:34:59] michael young come on down. [4:35:02] yes, my name is jim wendling. [4:35:04] I've lived here in san jose for [4:35:05] over seven years and we have [4:35:09] moved into our third house as [4:35:11] we've moved up from our starter [4:35:12] house and the house and our [4:35:15] we're in our third house and [4:35:17] it's a very nice single family [4:35:19] residential area and what I see [4:35:21] is a risk to people like us [4:35:24] from what's happening and I [4:35:25] know we need more housing but [4:35:27] it's not clear what direction [4:35:28] you're going in will provide [4:35:30] more truly affordable housing. [4:35:32] but when I heard the situation [4:35:35] that was discussed before us [4:35:37] today and you approved 1210 or [4:35:39] 11 and nothing for something [4:35:42] that had potential hazards and [4:35:45] driving conditions right there [4:35:48] and then you're going to check [4:35:49] later to see if it worked out [4:35:51] okay. I know you don't like [4:35:53] doing those kinds of things. [4:35:55] you'd rather be doing other [4:35:56] things but we're going to [4:35:59] go into a world where if you [4:36:00] approve what's promoted thank [4:36:03] >> you that your time next [4:36:06] speaker no. Mayor >> mehan [4:36:15] council members my name is [4:36:16] michael young, member of the [4:36:18] planning commission. I'm [4:36:19] speaking to you today as a [4:36:21] private citizen. What these [4:36:25] proposals are is what kind of a [4:36:27] city we want to have going >> [4:36:28] forward. Do we want to have a [4:36:30] city that's only affordable for [4:36:32] people who work in tech and [4:36:33] people like myself who've been [4:36:35] here a long time or do we want [4:36:36] to have a city that's [4:36:37] affordable for working people? [4:36:40] that's what this is about. We [4:36:41] need to increase the supply [4:36:43] of rental multifamily [4:36:44] properties, increasing density [4:36:47] in our single family [4:36:48] neighborhoods is the best way [4:36:49] >> to do that. You know, just a [4:36:56] reminder we will remove people [4:36:58] from the chamber if they're [4:36:59] disrupting the meeting this [4:37:01] individual gets his minute [4:37:03] of public comment and his free [4:37:04] speech his first amendment [4:37:05] rights like everybody else. Can [4:37:07] we please rewind the clock to [4:37:09] where we pause and begin? Thank [4:37:11] you. Go ahead, sir. Thank >> [4:37:13] you. Mayor meehan. What I [4:37:16] learned from my parents is much [4:37:18] who are given much is expected. [4:37:21] so I feel as a >> resident in a [4:37:24] single family neighborhood I [4:37:26] need to give back and the best [4:37:27] way I can get back is to be [4:37:29] open to some changes if a [4:37:31] triplex. >> okay, thank you [4:37:34] john klemski come >> mazursky I [4:37:40] butchered that name john come [4:37:41] on down and lynn paulson [4:37:43] go ahead. Honorable mayor and [4:37:46] city council I am a longtime [4:37:48] resident of district nine and [4:37:49] live in the homestead acres [4:37:51] housing track adjoining the [4:37:52] boundary of los gatos is an old [4:37:54] neighborhood of very large lots [4:37:56] and semi-rural nature. We were [4:37:58] annexed into the city over our [4:37:59] strenuous objections not too [4:38:02] long ago developers sought to [4:38:03] build nine houses on a single [4:38:05] lot and homestead acres and was [4:38:06] turned down by the city. That [4:38:08] would not happen under this [4:38:09] proposal. The resulting [4:38:11] disintegration of cohesive [4:38:13] neighbors and overflowing [4:38:14] parking and increasing traffic [4:38:16] will be a negative impact on [4:38:18] the quality of life that we've [4:38:19] worked so hard to maintain. I [4:38:22] call upon you to protect our [4:38:23] established neighborhoods and [4:38:25] communities with reasonable [4:38:27] with reasonable densities. [4:38:30] please vote no thank you. Thank [4:38:35] you. Next speaker okay. Good [4:38:45] evening. I'm kristen from [4:38:47] district ten five generations [4:38:50] of my family and born and [4:38:51] raised in san jose. And [4:38:54] my concern is that you're [4:38:55] forgetting about us. I'm not [4:38:59] against affordable housing. [4:39:01] there are some built by [4:39:02] my house that are not full. [4:39:04] there's a massive one being [4:39:05] built down the street and [4:39:07] there's another one that's [4:39:08] planned to be developed in the [4:39:11] next couple of years and I ask [4:39:14] that you take into [4:39:15] consideration the impact [4:39:17] of utilities parking and [4:39:20] traffic also I don't think we [4:39:24] need to build because there are [4:39:25] some in the area I don't think [4:39:27] that they should be built in [4:39:29] my neighborhood sorry single [4:39:34] family >> single family homes [4:39:36] like mine should the [4:39:39] neighborhood should stay single [4:39:40] family homes. So please >> [4:39:47] thank you that your time next [4:39:50] speaker I'm robert wood. I'm a [4:39:58] housing chair of the california [4:39:59] family association san jose [4:40:02] state chapter. I'm also [4:40:03] speaking for bill armor line. [4:40:04] our political director who had [4:40:06] to leave and we appreciate what [4:40:09] the city planning has done in a [4:40:12] thoughtful effort to work on [4:40:15] residential neighborhoods. Also [4:40:17] appreciate the thoughtful [4:40:18] concerns of the city [4:40:19] councilmember but we're very [4:40:21] concerned about key areas [4:40:23] of opportunity either omitted [4:40:25] in this proposal. Number one, [4:40:28] the growth areas in the [4:40:29] existing plan we have 7.4 miles [4:40:33] supposed to produce most [4:40:34] of 170,000 units and [4:40:36] unrealistic rules and abandoned [4:40:39] are preventing abandoned [4:40:40] commercial and office spaces [4:40:41] from being developed nonprofit [4:40:43] organizations are not being [4:40:44] able to build housing on their [4:40:46] land and we have 85mi² of land [4:40:49] where zoning prohibits all [4:40:50] housing just a little bit [4:40:52] of that. There are some [4:40:52] excellent opportunities in [4:40:54] those areas. Sacramento and [4:40:57] san diego. >> thank you that [4:40:59] your time larry ames come on [4:41:02] down and cindy h. Hi, I'm matt [4:41:09] larson. I work in land use and [4:41:11] housing policy for the last [4:41:13] decade and is with that [4:41:14] background that I say the [4:41:15] following this is >> great the [4:41:18] policy framework will have a [4:41:19] meaningful impact on actually [4:41:21] building the housing that [4:41:22] san jose is striving to build. [4:41:24] staff planning, commission and [4:41:25] council all deserve our praise. [4:41:28] there's also a lot of great [4:41:29] additional policy in the >> [4:41:30] council memos. The mayor's memo [4:41:32] adds needed flexibility for [4:41:34] building affordable housing [4:41:35] that can dallas a mulcahey or [4:41:38] t's proposal for additional [4:41:41] general plan amendment cycle [4:41:42] will help small developers who [4:41:44] can't take on the carrying cost [4:41:46] that larger institutional [4:41:47] groups can and the tordillos [4:41:49] command memo and local density [4:41:52] bonus streamline and will be [4:41:54] attractive to homebuilders [4:41:56] while delivering san jose the [4:41:58] development standards it [4:41:59] desires. There's also they also [4:42:02] raise a most important point. [4:42:04] whatever you do don't risk [4:42:06] housing element decertification [4:42:07] and thank you all for your hard [4:42:09] work. Thank >> you. Next [4:42:10] speaker. My name is lynn [4:42:14] paulson. I oppose the proposal [4:42:16] to revise the general plan to [4:42:18] increase density allowances for [4:42:19] most single family home [4:42:20] parcels. There are many reasons [4:42:22] I'm opposed but I wanted to [4:42:24] highlight the impact this could [4:42:25] have on the tree canopy. I was [4:42:27] at the council meeting last [4:42:29] week where you reviewed the [4:42:30] response to the grand jury [4:42:32] report regarding the decline [4:42:33] of san jose's tree canopy which [4:42:35] is important to all residents [4:42:37] in the city. During the [4:42:39] discussion at the august 11th [4:42:40] council meeting, the city [4:42:42] forester stated that the [4:42:43] greatest opportunity to [4:42:45] reversing this decline in tree [4:42:46] canopy could be a focus on [4:42:48] actions related to residential [4:42:50] parcels. Instead you have [4:42:52] before you a proposal for [4:42:53] increased density on single [4:42:54] family home parcels. That would [4:42:56] again put the tree canopy issue [4:42:58] on low priority while not [4:43:00] helping to reverse the current [4:43:01] downward trend. Let alone meet [4:43:02] the goal you have for 2051. [4:43:04] thank you. Thank >> you. Next [4:43:07] speaker jo dan from d-10 and [4:43:11] paul come on >> down. I'm john [4:43:13] paul mazursky and I was [4:43:14] surprised to hear about the [4:43:16] high density housing plan being [4:43:17] proposed. I attended one of the [4:43:20] neighborhood meetings but had [4:43:21] no other communication from [4:43:22] anywhere about the extent [4:43:23] of the proposed plan. This plan [4:43:26] would allow density in the city [4:43:27] of san jose to be greater than [4:43:28] new york city. That's your view [4:43:31] of the city. That's what's [4:43:33] being proposed. This is a city [4:43:36] with no real mass transit. [4:43:37] already long commute times that [4:43:39] we have everywhere. How are we [4:43:41] going to pay for that mass [4:43:42] transit parking? They're [4:43:43] talking about putting those [4:43:44] plans in place but it's going [4:43:45] to be difficult. And I've [4:43:47] talked to many of your [4:43:48] constituents and to a person [4:43:50] they're just incredulous that [4:43:52] this amount is being proposed. [4:43:54] and as I understand this, once [4:43:56] you change the density to a a [4:43:58] higher density you won't be [4:44:00] able to reduce it later. So you [4:44:01] need to make your decision with [4:44:02] your eyes open. So I support [4:44:05] the need for new housing but I [4:44:06] think you need to suggest that [4:44:08] the planners do take they'll [4:44:10] take a look at taking those [4:44:12] high density areas in certain. [4:44:15] I'm sorry that your time next [4:44:17] speaker. >> larry ames d six [4:44:22] neighborhood leaders group as [4:44:24] we said in a letter we do have [4:44:26] the need for more housing. The [4:44:28] state says we must update our [4:44:29] plans which will change our [4:44:31] city. But please don't overdo [4:44:34] it. These changes will be hard [4:44:35] to undo. We do need to increase [4:44:37] increased density. But 32 years [4:44:39] an acre citywide is excessive [4:44:41] and d six we have many good [4:44:43] missing middle infill projects [4:44:45] in japan centric in walkable [4:44:47] neighborhoods and working out [4:44:49] around 16 units in acre. The [4:44:51] mayor's memo 2.1 b calls for [4:44:54] staff to study this lower [4:44:55] density. You the growth in [4:44:57] mayor's.18 and four minimum [4:45:00] parking standards and analysis [4:45:03] memo. Don't build high density [4:45:04] out and transit poor areas. The [4:45:07] state law calls for some [4:45:09] objective standards so our [4:45:10] guidelines will need updating. [4:45:12] and please ask south to find [4:45:13] objective ways to our granting [4:45:15] density bonuses, concessions [4:45:17] and waivers. We want to work to [4:45:19] work with the council and the [4:45:21] city to make san jose better. [4:45:22] >> thank you. Next speaker [4:45:31] my my >> historical [4:45:32] neighborhood opposes the boxy [4:45:36] ideas that are being presented [4:45:40] following our different ideas [4:45:42] that might help put the housing [4:45:46] >> item on these boxy houses [4:45:50] and put parking lots underneath [4:45:53] them rather than putting the [4:45:55] parking anywhere and [4:45:58] neighborhood the streets. Place [4:46:00] more housing near existing high [4:46:02] rises that high rise housing [4:46:06] should not be there because [4:46:08] that's where they work. Work [4:46:12] with our county government to [4:46:14] place housing around that. The [4:46:17] techie >> areas where they [4:46:21] work. Put business and housing [4:46:24] around our large regional [4:46:26] parks. Most of them have [4:46:28] nothing. Protect our historical [4:46:30] housing communities and thank [4:46:33] you. That's your time. Next [4:46:34] speaker. >> dear leaders please [4:46:43] vote no on the framework as is [4:46:46] it must include minimum parking [4:46:48] any housing needs realistic off [4:46:51] street parking because working [4:46:53] class people need their cars. [4:46:55] few workers have good train or [4:46:57] bus service to their workplace [4:46:59] at both ends of the work shift. [4:47:01] a 16 unit building with no [4:47:02] parking brings about 24 cars [4:47:04] that compete for curb space. [4:47:06] this opens a parking war in [4:47:08] boston. People hoard curb space [4:47:10] with old furniture and [4:47:11] vandalize any car displacing [4:47:12] that rivalry leads to vandalism [4:47:15] escalating to violence. [4:47:16] chicago's infamous projects [4:47:18] lack parking and don't help [4:47:20] residents hold down jobs. [4:47:22] arrogant people say I'm [4:47:23] interested in space for people [4:47:25] not cars meaning I'm a people [4:47:27] person. I don't care what you [4:47:29] need. Okay. Please continue [4:47:31] building housing near transit. [4:47:33] please be practical and include [4:47:35] parking. Again I can't stress [4:47:38] this enough I spent a whole [4:47:39] career working with factory [4:47:41] people working second and [4:47:42] third. >> thank you. Next [4:47:46] speaker series qa. Come on [4:47:48] down. Ron >> no last name and [4:47:50] robert. >> okay. I'm [4:47:56] paul parrott and pretty much [4:47:57] everything he said the [4:47:58] community has high density [4:48:00] areas single family [4:48:01] neighborhoods, countryside. [4:48:02] bottom line is we do not want [4:48:04] our neighborhoods destroyed. We [4:48:05] spent quite a bit of time [4:48:07] protecting them. Turns out the [4:48:09] council actually works for us. [4:48:11] so if the council votes yes for [4:48:13] this. Anyone that votes for [4:48:15] this and raise >> your hand. [4:48:16] I'm against it. No clapping. [4:48:17] are you against it? Raise your [4:48:18] hand. No clapping. Okay. [4:48:21] everyone I've talked to is [4:48:23] vietnamese lee against this. [4:48:24] all right. So any council [4:48:27] person that votes to to do this [4:48:30] we are going to recall and [4:48:32] it'll be about the easiest [4:48:33] recall we'll ever see. Okay. [4:48:35] and I know you want to run [4:48:36] again in 28. I read the article [4:48:38] you won't be around. So there [4:48:40] you go. Thank you. Next speaker [4:48:45] >> we need to ask >> yourself a [4:48:51] simple question what kind [4:48:53] of city do we want san jose to [4:48:55] be? For generations people have [4:48:57] worked their entire lives to [4:48:59] buy in a mature, established [4:49:01] neighborhood. They paid their [4:49:03] mortgages, property taxes and [4:49:04] their fair share. That home was [4:49:06] more than an investment. It was [4:49:08] an american dream. This isn't [4:49:11] simply about adding housing. It [4:49:12] fundamentally changes the [4:49:14] character of a neighborhood. [4:49:15] the families worked decades to [4:49:17] create and preserve. We have to [4:49:20] ask are we solving a housing [4:49:22] problem? Are we sacrificing the [4:49:24] quality of life and established [4:49:25] neighborhoods because of higher [4:49:27] density produces more tax [4:49:29] revenue and development fees? [4:49:31] we need responsible growth like [4:49:33] growth at any cost. Please [4:49:36] protect our mature [4:49:37] neighborhoods. Respect the [4:49:38] people who work their whole [4:49:39] lives to own them and make sure [4:49:41] san jose remains the city where [4:49:43] the american dream is protected [4:49:46] not taken away. >> thanks. [4:49:49] thank you. Next speaker >> [4:49:51] alice and katherine matheson. [4:49:53] come on down. Good evening. [4:49:56] forgive me if I don't make [4:49:57] sense. I'm very nervous. I'm [4:49:59] sorry. Should you not sign as a [4:50:00] state and an intern for vote on [4:50:02] climate in san jose [4:50:03] environmentally sustainable [4:50:04] land use practices are [4:50:05] imperative for our city despite [4:50:07] a dedicated section for [4:50:09] environmental stewardship. The [4:50:10] general plan does not outline [4:50:11] public health or environmental [4:50:12] studies and regulations high [4:50:14] energy demanding buildings. [4:50:15] this city has stressed its [4:50:16] commitment to implementing [4:50:17] rigorous environmental [4:50:18] standards on water and energy [4:50:19] use. However, noise ordinance [4:50:21] noncompliance and reports [4:50:22] of rolling blackouts for [4:50:23] residents the use of fossil [4:50:24] fuel generators for backup [4:50:25] power and potable water line [4:50:26] easements are inadequate to [4:50:28] achieve this city's stated [4:50:29] commitments. The lack of care [4:50:31] in the general plan is [4:50:32] worrisome in the lead up to [4:50:33] developing uniform standards. I [4:50:35] urge this council to include [4:50:37] plans for both cumulative [4:50:38] impact studies and robust rules [4:50:39] for covering water and clean [4:50:41] power use for such buildings. [4:50:42] thank you so much. Thank you. [4:50:44] next speaker. Also brenda [4:50:47] doleman, come on down. >> I'm [4:50:54] here to urge you to vote no on [4:50:56] item 10.3. It's missing middle [4:50:59] mom sense. This proposal goes [4:51:01] far beyond any state [4:51:02] requirement. No other city in [4:51:04] santa clara county goes it [4:51:05] comes anywhere close to [4:51:07] sweeping. It would allow a [4:51:08] three story building high [4:51:09] density of virtually any [4:51:10] residential lot with no onsite [4:51:13] parking requirement and no [4:51:14] firebreak approval. Once it's [4:51:16] on the books these projects [4:51:18] skip public hearings, planning [4:51:19] commissions review or even [4:51:21] council vote. The impacts are [4:51:23] permanent. More cars are [4:51:25] already on already crowded [4:51:27] streets and a strain on [4:51:28] utilities and roads and [4:51:29] according to the city's own [4:51:30] study. Little to no affordable [4:51:32] housing is even produced. [4:51:34] limited public comment by so [4:51:36] far cannot be mistaken for [4:51:37] support. Many of us are only [4:51:39] now learning about how far road [4:51:42] and irreversible these changes [4:51:43] are. Please reject this [4:51:45] proposal at least take it off [4:51:46] the consent calendar and allow [4:51:48] for public hearing at least. [4:51:52] thank you. Next speaker. Do you [4:52:01] know what fulfilling an [4:52:03] american dream means? It's not [4:52:04] living in a condo, an apartment [4:52:06] or in some high density housing [4:52:09] but the ability to live in a [4:52:11] single family house with our [4:52:13] own little yard. It's absurd [4:52:15] that now you're seriously [4:52:16] proposing to destroy every [4:52:17] single family and neighborhood [4:52:19] permanently on the neighborhood [4:52:21] to build high density housing [4:52:23] on single family lots. I'm [4:52:25] guessing that all >> of you are [4:52:26] currently living in your own [4:52:27] single family home without an a [4:52:29] unit or even sitting in an [4:52:31] apartment right next to your [4:52:32] house. So why would you wish [4:52:34] other people to live in such a [4:52:35] condition? So say it's not hong [4:52:38] kong. There is no lack of space [4:52:40] to provide additional apartment [4:52:41] building without messing with [4:52:43] the existing single family [4:52:44] neighborhood. Just look [4:52:46] at block and block of vacant [4:52:47] old high tech building in north [4:52:49] san jose with zero productive [4:52:51] use. Please vote no for this [4:52:53] nonsensical proposal. You do [4:52:55] not want to be remembered as [4:52:57] the one who permanently [4:52:58] destroys >> san jose and thank [4:53:01] our next speaker. >> I'm going [4:53:07] to call wait before there and [4:53:10] I've already spoken. So I >> [4:53:14] know you can only speak once on [4:53:15] each item. I'm sorry. Thank [4:53:17] you. I'm going to >> go ahead [4:53:20] and come up to the microphone. [4:53:21] before you speak I'm going to [4:53:22] call five people online. Next [4:53:24] I'm going to go ahead and say [4:53:25] their names so they can kind [4:53:27] of wake up. Caller 7 to 0 five [4:53:30] brian, diane todd and james >> [4:53:32] patterson. Go ahead. Mayor and [4:53:36] council members reject the [4:53:38] missing middle >> framework [4:53:39] recommendation in the general [4:53:41] plan for your review. San jose [4:53:43] residents do not want three [4:53:44] storey apartment complexes by [4:53:47] right in residential [4:53:48] neighborhoods without parking. [4:53:50] smart growth means [4:53:51] concentrating density along [4:53:53] commercial corridors, transit [4:53:54] hubs not quiet residential [4:53:56] streets while urban sprawl [4:53:58] creates long term municipal [4:54:00] budget deficits. Sb 79 already [4:54:03] impacts over 40,000 parcels [4:54:06] near transit stops unlocking up [4:54:08] to 500,000 units for decades to [4:54:10] come. Sb >> nine permits four [4:54:13] units per lot to not go beyond [4:54:15] state minimums to strain our [4:54:16] infrastructure, stretch [4:54:18] emergency services and worsen [4:54:20] our job to housing ratio cap [4:54:23] residential neighborhood [4:54:25] density at four units per lot. [4:54:27] we need direct leadership. [4:54:28] please direct our planning [4:54:30] director city manager ig our [4:54:32] team to aggressively lobby hk a [4:54:35] bag drop off in sacramento. [4:54:38] thank you. That's >> your time. [4:54:39] caller 7205 please press star [4:54:42] six to unmute >> and that's [4:54:46] your last four digits of your [4:54:48] number. >> hello. Yes go ahead. [4:54:54] yes >> I'm sj born and raised [4:54:56] south san jose will go in high [4:54:58] school class of 2000. I got to [4:55:00] say the beauty of willow glen [4:55:01] is its long standing trees, [4:55:03] nature communities and single [4:55:05] family homes. This is pure [4:55:07] developer greed. There are [4:55:09] better places for small condos [4:55:11] especially along monterey road [4:55:12] towards downtown. Don't ruin [4:55:15] san jose. Be careful of the [4:55:16] precedence that we set. If [4:55:18] single family homes for single [4:55:20] families. >> thank you. >> [4:55:23] thank you brian followed by [4:55:27] diane. Thank you. I can't see [4:55:32] the place where I was [4:55:33] at because I signed something [4:55:35] but I had a house and it [4:55:36] disappeared. And now you can [4:55:39] go out there and visit and [4:55:40] there's literally thousands [4:55:41] of units on top of there. If [4:55:44] people tell you they're going [4:55:45] to build moderately it gravity [4:55:47] will fail before that happens. [4:55:49] sometime what I'm going to I [4:55:51] wrote an email that covers all [4:55:52] the stuff everybody said. [4:55:54] sometimes you want to walk [4:55:55] outside, look up and see the [4:55:58] stars. I understand that's [4:55:59] emotional and so it doesn't [4:56:01] have any meaning and never have [4:56:03] but I can just tell you walk [4:56:08] softly because once this stuff [4:56:09] gets in place it won't go away [4:56:11] and they will go to the maximum [4:56:13] whenever they get a chance. [4:56:15] thank you. Thank >> you, diane [4:56:18] followed by todd in high high. [4:56:28] please both know to submit our [4:56:30] recommendation. The general [4:56:32] plan has an urban reserve area. [4:56:37] why isn't the urban area being [4:56:41] considered for high density [4:56:43] housing plan planning? Is that [4:56:46] of. Isn't this the ideal [4:56:49] situation >> to use that [4:56:51] reserve? There is a lot of land [4:56:54] there that is not open space. [4:56:57] it has almost zero density. I [4:57:00] recommended to use that are [4:57:03] going to visit the area for the [4:57:05] estate certification instead [4:57:07] of disrupting all the [4:57:08] neighborhood of the city. Thank [4:57:10] you. >> thank you, todd [4:57:14] followed by james. Hello. When [4:57:23] so many residents take the time [4:57:25] to oppose this agenda item only [4:57:27] to see memorandums offering [4:57:30] concessions to wealthier [4:57:32] suburban todd you cut out these [4:57:43] >> plans purposely pit [4:57:44] communities against each other [4:57:47] while residents simply struggle [4:57:49] to protect their neighborhoods. [4:57:51] this entire process feels [4:57:53] performative and our concerns [4:57:55] are ultimately ignored. I live [4:57:58] in an urban transit village [4:58:00] area so I'm here to support [4:58:02] other neighborhoods and [4:58:03] advocate for what is best for [4:58:05] san jose as a whole. We haven't [4:58:07] even seen the impacts of the [4:58:09] urban villages or these new [4:58:11] state laws yet and we are [4:58:13] already moving to implement [4:58:15] blanket policies that strip [4:58:16] away local oversight. Giving up [4:58:19] our voice makes no sense. Also [4:58:23] no parking >> needed near [4:58:24] trent. Thank you james. Before [4:58:28] I click allow to speak I'm [4:58:30] going to call a few names for [4:58:32] people in person so you can [4:58:33] make your way down while james [4:58:34] is speaking. I have cole buford [4:58:37] bar a c quack. >> it looks [4:58:41] like. So I guess why wake sioux [4:58:46] >> and ute or garza? Okay [4:58:51] james, I'm letting you speak [4:58:53] now. >> I reso reside in oak [4:58:58] grove neighborhood in district [4:58:59] two. Having seen impacts on [4:59:02] my neighborhood when apartments [4:59:03] were allowed to change their [4:59:05] parking rules from multiple [4:59:07] cars for free to one free and [4:59:09] any others a monthly charge in [4:59:12] the carnage it laid to the [4:59:13] surrounding neighbors. I [4:59:15] emphatically say this is a [4:59:17] poorly thought out solution and [4:59:19] I would expect the city council [4:59:21] and mayor to vote no on this [4:59:23] item. This is in direct [4:59:24] conflict to beautify sj as it [4:59:27] will lead to beautiful [4:59:28] neighborhoods. It will [4:59:30] ultimately force neighbor [4:59:31] against neighbor parking wars. [4:59:34] to see actual impacts just [4:59:35] stroll down walnut blossom [4:59:36] avenue and the surrounding [4:59:37] streets across from the [4:59:38] apartments including haze and [4:59:41] lead avenue in the evening and [4:59:43] talk to residents in that area. [4:59:45] this will break the very fibers [4:59:47] of a good neighborhood if [4:59:48] allowed to move forward. I [4:59:50] expect nonsense ideas like this [4:59:52] from the current presidential [4:59:53] administration but not from [4:59:55] my city leaders. I saw input [4:59:57] posted indicating the city that [4:59:59] your >> time next speaker in [5:00:02] person. Hello. My name's cole. [5:00:08] >> I do agree with a lot [5:00:09] of other folks that you know, [5:00:11] no parking minimum would be a [5:00:13] bad idea because people have [5:00:17] cars and made a move into these [5:00:18] spots hoping to you know will [5:00:21] park on the street anyways and [5:00:22] that it does create lot [5:00:24] of difficulties for working [5:00:26] class folks. Also I would [5:00:31] recommend that the general plan [5:00:33] also include any kind [5:00:35] of reviews of data centers or [5:00:39] large energy projects as I do [5:00:43] believe in the humanist values [5:00:44] of 2040 plan such as healthy [5:00:47] neighborhoods and you know data [5:00:51] centers are also hungry for [5:00:53] land as well and I hope that [5:00:55] these data centers are not [5:00:56] taking priority over more [5:00:58] housing. >> thank you. Thank [5:01:02] you. Next speaker I'll wait for [5:01:07] mahan. He could hear you in the [5:01:10] back. >> council members I'm [5:01:12] guilford bar for two years in [5:01:14] district ten. Please reject [5:01:18] item 10.3 the proposal >> would [5:01:20] quadruple density in [5:01:22] neighborhoods designed for [5:01:24] single family homes allowing [5:01:26] for two six units by right no [5:01:29] parking requirements, no public [5:01:31] hearings that means no notice, [5:01:33] no neighbor input, no account [5:01:36] just permanent citywide [5:01:38] rezoning. Here's what troubles [5:01:40] me most saturday doesn't >> [5:01:42] need this to meet state [5:01:44] mandate. We can hit our 62,000 [5:01:48] target homes under the existing [5:01:49] general plan which already [5:01:51] directs growth toward transit [5:01:53] corridors. This isn't about [5:01:55] opposing more housing. It's [5:01:57] about opposing a permanent >> [5:01:59] change that bypasses residents, [5:02:02] invites investor driven [5:02:04] redevelopment and eliminates [5:02:06] public voice in there. >> thank [5:02:09] you that your time? Next [5:02:10] speaker. >> hi my name is all [5:02:17] too I am from dayton. Two [5:02:19] things one you don't have a [5:02:20] walkable city and some say if [5:02:22] you want to build housing that [5:02:25] overcrowded or places it will [5:02:28] lead to a place where nobody [5:02:31] can park and that means you [5:02:32] need to build a walkable city [5:02:34] first. >> second, I would you [5:02:37] like to look at the [5:02:37] sociological sociological [5:02:40] impact this has? First of all, [5:02:43] if you have overcrowding in [5:02:45] places you will get people [5:02:48] having more crime, higher crime [5:02:50] rates, you will have more [5:02:51] vandalism. You will have stuff [5:02:52] like more what's it called road [5:02:57] rage and you will make people [5:03:01] not being proud in their [5:03:02] neighborhoods anymore because [5:03:04] if you want to have people have [5:03:06] pride in something they need to [5:03:08] have a say in something. Thank [5:03:10] you. Thank you. Next speaker [5:03:12] michael bryant. Come on down, [5:03:14] katherine. Look, no last name. [5:03:17] go >> ahead. I urge you to [5:03:18] reject this so-called missing [5:03:20] middle housing plan forcing up [5:03:21] to 16 unit apartment buildings [5:03:23] into single family home [5:03:24] neighborhoods with no onset [5:03:26] parking, drastically reduced [5:03:27] setbacks and no public input [5:03:29] will not magically produce [5:03:30] lower income homes. That's not [5:03:32] leadership. That's a pipe [5:03:33] dream. This doesn't improve the [5:03:34] quality of life for residents [5:03:36] of san jose. Instead it [5:03:37] enriches investors and [5:03:39] developers. This plan will [5:03:40] continue to destroy the [5:03:41] standard of living and impact [5:03:42] the safety of residents in your [5:03:44] community. San jose has [5:03:45] certainly had its share [5:03:46] of problems over the last [5:03:47] years. The california state [5:03:49] auditor found that not only [5:03:50] could the 300 million set aside [5:03:52] to help the homeless not be [5:03:53] adequately accounted for but [5:03:54] also that san jose had no [5:03:56] cohesive plan for building [5:03:58] affordable homes. This is [5:03:59] anything but a cohesive plan. [5:04:01] this is madness. As noted, this [5:04:03] plan is not needed to achieve [5:04:05] the current reno numbers. [5:04:07] future reno developments should [5:04:08] be planned near transit. Why [5:04:10] would you want to be on record [5:04:11] in contributing to the decline [5:04:12] of quality of life in san jose? [5:04:14] your job is to make san jose [5:04:15] better and safer. Vote >> now. [5:04:18] thank you, mr. Speaker. I >> [5:04:21] ask you again to please use [5:04:23] your jazz >> hands or however [5:04:25] you want to do it quietly so [5:04:26] that we can get through these [5:04:28] all quietly and respectfully. [5:04:30] >> yeah, because you want to [5:04:32] hear people like me, don't you? [5:04:33] right. You want to hear people [5:04:35] like me because I vote for you [5:04:36] to reject this. Do you guys [5:04:38] want to live next door >> to a [5:04:40] housing project I would build? [5:04:42] I don't think so. I would build [5:04:44] a mini cruise ship if anyone [5:04:45] knows what a cruise ship is. [5:04:47] okay. Yeah. People know, don't [5:04:49] they? Wouldn't you? I mean any [5:04:52] of you. Would you want me to [5:04:53] live next door to you and build [5:04:54] something? Ask yourself that [5:04:56] any one of you on the dais. Ask [5:04:57] yourself if you want to live [5:04:58] next door to me. I don't think [5:05:00] so. What I would build you [5:05:02] wouldn't like you could turn [5:05:04] into section eight. That could [5:05:05] be terrible, wouldn't it? Could [5:05:07] you imagine that this thing is [5:05:08] designed for specular data's [5:05:10] flippers developers? Just take [5:05:13] a look at the >> fair downtown. [5:05:15] no one wants to live in it. [5:05:16] that was approved of high [5:05:18] density housing. I call it the [5:05:20] fail. And that's exactly what [5:05:22] this is going to be. If if you [5:05:24] guys allow this to happen, it's [5:05:26] going to is going to turn our [5:05:27] neighborhoods into something [5:05:29] that you don't want to live in [5:05:30] and you don't want me to live [5:05:31] next door to you if you vote [5:05:33] for this because you wouldn't [5:05:34] like I could guaran >> thank [5:05:35] you that your time. Darrell [5:05:37] come on down. And and melissa, [5:05:46] I >> strongly urge you to vote [5:05:48] no on the permanent stay [5:05:50] missing middle proposal. The [5:05:52] reason why is I can't describe [5:05:54] to you. According to this plan, [5:05:57] my rising neighbor can build up [5:06:00] to six housing units >> in [5:06:03] my left side. Neighbor can >> [5:06:05] build up to 12 units. And every [5:06:09] one if every unit need two [5:06:11] cards. I do. My calculation is [5:06:14] a 50 >> six cards and you don't [5:06:18] require any outside parking. [5:06:21] and I tell you I'm down to my. [5:06:24] my street is a school. And you [5:06:27] know that school >> traffic. So [5:06:29] you tell me why. Why? Sure I [5:06:31] do. And they can be close to [5:06:34] the property line and find [5:06:37] my approval. They don't need [5:06:38] hearing. Don't need the [5:06:40] neighbor input public input. [5:06:43] and once they approve it's a [5:06:44] permanent >> and reversible. [5:06:47] and also >> thank you that your [5:06:48] time. Go come on down. Lori [5:06:54] droste, good evening. Good [5:07:00] afternoon. My name is michael [5:07:02] bryant. You've all gotten many [5:07:05] emails from me since august and [5:07:07] I've only heard from two people [5:07:09] on this council. This is campus [5:07:12] office and I got a face on with [5:07:14] george casey. So I don't know [5:07:16] where the rest of you been but [5:07:18] I'm upset about that. I [5:07:21] strongly >> am against us. I've [5:07:23] lived in san jose for 68 years. [5:07:26] I got my first house when I was [5:07:28] 22 years old. It took me 80 [5:07:30] hours a week to pay that [5:07:32] mortgage. I got my second house [5:07:34] when I got close to 30 and I'm [5:07:36] living out in santa teresa now [5:07:38] in a nice neighborhood. And it [5:07:40] took me 80 hours a week to pay [5:07:42] that house to I was in [5:07:44] my mid-forties almost 50. So [5:07:46] now I'm retired. I'm living [5:07:48] there. I'm comfortable. And [5:07:50] this is not going to work for [5:07:52] me. So you guys need to rethink [5:07:54] this because I guarantee you [5:07:56] anybody that votes for this I [5:07:57] will do everything I can to get [5:07:59] you thrown out in the next [5:08:00] election. >> thank you. Next [5:08:03] speaker. >> good evening. And [5:08:11] paulson representing yimby law [5:08:14] in be lost sent you a letter >> [5:08:16] today supporting this up [5:08:19] zoning. I'll summarize >> [5:08:21] something like preventing [5:08:23] someone from building four [5:08:25] townhouses on their own [5:08:26] property is a huge property [5:08:29] right restriction. The supreme [5:08:32] court and the roberts court in [5:08:34] particular have shown a lot [5:08:36] of deference to property rights [5:08:38] saying that if a city restricts [5:08:41] property rights it has to be [5:08:44] the least restrictive way to [5:08:47] achieve their goal. Yimby >> [5:08:49] law believes that single family [5:08:52] zoning >> is >> not the least [5:08:55] restrictive way to achieve any [5:08:58] goal. And they are prepared to [5:09:05] go to court to enforce >> this [5:09:06] work. You should support >> [5:09:09] this proposal because it's [5:09:10] right and >> thank you that [5:09:12] your time. Milo trout come on [5:09:15] down. Terrace salon and [5:09:18] patricia macdonald. >> good [5:09:22] evening mayor and city council. [5:09:24] I suppose I'm one of those rare [5:09:26] examples of a single family [5:09:27] homeowner who likes living [5:09:29] between two multiplexes. I'm [5:09:32] here to speak in support of the [5:09:33] staff recommendation and the [5:09:35] tordillos in the committee [5:09:36] memo. We all feel the effects [5:09:38] of the housing crisis just this [5:09:39] year we saw the elementary [5:09:41] school down our block close. [5:09:42] we've seen more friends priced [5:09:44] out of our city and we've seen [5:09:45] our workers driving long [5:09:46] commutes because they can't [5:09:47] afford to live in a city that [5:09:49] they serve. This week [5:09:51] my sister's visiting from new [5:09:52] york to celebrate her first [5:09:53] pregnancy the first baby in the [5:09:55] family born in our generation. [5:09:58] I wish she could afford to move [5:09:59] here and raise my future nephew [5:10:01] closer to family instead [5:10:03] of thousands of miles away. >> [5:10:05] but like for the majority [5:10:06] of our residents already living [5:10:07] here, that dream is too far out [5:10:09] of reach. Proposals like this [5:10:11] are about more than numbers [5:10:12] of dwelling units per acre. [5:10:14] there are concrete steps you [5:10:15] can take right now to reverse [5:10:16] years of an action that has led [5:10:18] to this housing crisis. Today [5:10:20] we've heard from a lot [5:10:21] of people who have lived in [5:10:22] san jose for. >> thank you that [5:10:24] your time. Next speaker. >> [5:10:30] hello, I'm laurie drost, [5:10:32] housing policy director at spur [5:10:34] and a former berkeley city [5:10:35] council member where I authored [5:10:37] missing little housing and [5:10:38] parking reforms. We can't solve [5:10:40] a housing shortage by making [5:10:42] housing harder to build. Please [5:10:45] maintain at least 32 dwelling [5:10:46] units per acre. That is already [5:10:48] really modest allowing duplexes [5:10:51] triplexes and smaller [5:10:52] multifamily homes. When a [5:10:54] detached home costs 1.7 million [5:10:57] the american dream [5:10:59] of homeownership is slipping [5:11:00] out of reach. Messy middle [5:11:02] housing creates another path [5:11:03] and opens more neighborhoods to [5:11:05] more families. Also, please [5:11:07] don't bring parking [5:11:08] requirements back artificial [5:11:10] mandates consume land, increase [5:11:12] cost and make small projects [5:11:14] infeasible. These homes may [5:11:16] stand for 100 years. We can't [5:11:18] predict how people will travel [5:11:20] in 2126. Please maintain 32 [5:11:23] units per acre, reject parking [5:11:25] minimums and keep the american [5:11:26] dream within reach. >> thank [5:11:29] you. Next speaker current home [5:11:33] yo come on down and linda fall. [5:11:35] >> I'm terri >> swain. I'm a [5:11:39] local realtor here in san jose. [5:11:41] I'm california did not mandate [5:11:44] >> 32 dwelling units per acre. [5:11:46] that was with san jose's that [5:11:48] was san jose's choice the [5:11:50] planners. Then use the number [5:11:53] >> to create the figures for [5:11:54] the missing middle chart. The [5:11:56] planners showed no data. Why [5:11:58] 2622 or 18 wouldn't have worked [5:12:01] instead of 32. Before moving [5:12:04] forward please ask planning may [5:12:07] model several lower density [5:12:10] alternate is including the [5:12:11] lowest additional capacity [5:12:13] required by hpd. After after [5:12:16] taking into >> account capacity [5:12:18] that will already be provided [5:12:20] through sb nine and other state [5:12:21] pels planning has paso level [5:12:24] data use roi is helpful and [5:12:28] make policy decisions but not [5:12:32] to make policy decisions but to [5:12:34] quickly model different [5:12:35] scenarios and incorporate [5:12:37] public feedback. Thank you that [5:12:40] your >> time next speaker may [5:12:43] or may hand council members I'm [5:12:44] >> a san jose resident and a [5:12:46] member. Hi. Wait how did that [5:12:48] >> happen? Go ahead. >> hi. [5:12:51] I've lived in my single family [5:12:53] resident neighborhood for [5:12:55] almost 40 years and I walk the [5:12:57] neighborhood every morning and [5:13:00] I see the changes that are [5:13:01] occurring and I'm vehemently [5:13:04] against what's happening. I see [5:13:08] these monstrous houses and [5:13:09] beautiful single family homes [5:13:12] that are one stories being torn [5:13:14] down and they are like monster [5:13:18] houses. There seems to be no [5:13:19] moratorium on the heights and [5:13:22] they over power everything they [5:13:27] there's no sunlight. I mean and [5:13:28] it's it's something that just [5:13:30] really needs to be looked at. I [5:13:33] implore you to look at other [5:13:34] cities and the studies that [5:13:37] they've done before venturing [5:13:41] into something like this and [5:13:44] taking a closer look on the [5:13:46] impacts of building this type [5:13:50] of society. The streets look. [5:13:53] thank you that your time? We [5:13:55] had a glitch with zuma [5:13:56] at unmuted somebody I don't [5:13:57] know how it did that but I'm [5:13:58] going to go ahead and go over [5:13:59] to her because she had started [5:14:01] speaking and then we'll come [5:14:02] back to you, sir. Sheila, [5:14:06] go ahead. It >> looks like she [5:14:13] may have went away so I'm going [5:14:14] to go ahead and move. [5:14:15] permission to speak? She can [5:14:16] raise her hand again but I [5:14:17] don't know what happened there. [5:14:18] just wanted to make sure [5:14:19] everything was fair. Go ahead, [5:14:20] sir. Thank you for waiting. [5:14:22] sure. >> hi. I live in an [5:14:25] apartment building. It's right [5:14:26] next to a single family home. [5:14:28] we can see into their yard. [5:14:30] does this make me and my family [5:14:31] neighborhood destroyers? No. [5:14:33] our kids play together. I would [5:14:35] move into an 8 or 10 story [5:14:37] apartment building. Does this [5:14:38] make me a bad person? No. It [5:14:40] makes me someone living in a [5:14:42] world class city that happens [5:14:44] to be caught up in the results [5:14:45] of decades of poor planning [5:14:47] decisions. And here we have an [5:14:49] opportunity for council to [5:14:50] follow staff's recommendations [5:14:52] to maintain a certified housing [5:14:54] element at two six north [5:14:56] winchester, for example, is a [5:14:58] prime location that will [5:14:59] actually deliver housing. But [5:15:02] the neighbors and council [5:15:03] member mulcahy are engaging in [5:15:05] a classic moving of goalposts [5:15:07] by asking for yet another [5:15:08] zoning reduction on exactly the [5:15:10] parcel that is most likely to [5:15:12] produce housing. You are the [5:15:14] decision makers. The time is [5:15:16] now to be bold and meet the [5:15:18] glaring housing need. Do not [5:15:20] cave to demands that amount to [5:15:22] nice to have that amount [5:15:23] tonight. Thank you. Next [5:15:26] speaker andrew. So come on [5:15:29] down, corinne. I already called [5:15:31] corinne. Trish mcdonald's. [5:15:35] janet spoke. Okay. Trish [5:15:38] interested? Okay. Go ahead. [5:15:42] okay. Good evening. I'm corinne [5:15:45] tamayo. I live in district six, [5:15:47] the willow glen neighborhood. I [5:15:49] have been in my willow glen [5:15:50] home for 37 years. Most of the [5:15:53] homes in my neighborhood are 90 [5:15:56] years old at this point. I am [5:15:59] vehemently opposed to this plan [5:16:02] to dramatically increase zoning [5:16:04] in our single-family [5:16:05] neighborhood. I fear it will [5:16:07] fundamentally alter the willow [5:16:09] glen historic neighbor hood [5:16:11] character character. It will [5:16:14] tax our neighborhoods aging [5:16:16] infrastructure such as sewage [5:16:18] and plumbing capacity. The [5:16:20] localized electric grid and [5:16:21] water supply. It will result in [5:16:23] severe congestion due to lack [5:16:26] of parking. It will severely [5:16:28] impact and destroy the [5:16:29] neighborhoods. Mature a tree [5:16:31] canopy which is already only [5:16:33] at a dismal 13.5% for the city [5:16:36] of san jose. Residential lots [5:16:38] account for 70% of all san jose [5:16:40] city trees. I urge you to [5:16:43] reject this proposal. Thank [5:16:47] you. Next speaker. >> hi. Thank [5:16:56] you for listening to all of us. [5:16:58] I just want to say that please [5:17:00] reject this proposal. I believe [5:17:03] this is going to destroy our [5:17:05] neighborhoods and once it's [5:17:06] done 30 years from now you [5:17:09] can't go back and take all [5:17:10] these buildings down and just [5:17:12] go back to single family [5:17:13] housing. Please reject this [5:17:15] issue. I think it's a very [5:17:18] important one for the city [5:17:19] of san jose and I believe that [5:17:21] this will just I can't [5:17:22] emphasize enough. I think you [5:17:24] will destroy our neighborhoods [5:17:26] and I don't like to propose [5:17:29] threats but I mean I think our [5:17:32] next voting round I mean we're [5:17:34] going to decide do >> we want [5:17:37] people who want to bring these [5:17:40] small apartments into our [5:17:42] neighborhoods? I'm sorry. I [5:17:44] don't agree with this at all. [5:17:46] please say no. >> thank you. [5:17:49] next speaker I also have [5:17:51] ramachandran bala come on down. [5:17:54] susan noda and veena >> [5:17:57] ramachandran. Go ahead. Hi, I'm [5:18:01] ed russo and I'm sorry for [5:18:03] my voice but I just want to let [5:18:06] you know I have lived in [5:18:07] san jose my whole life. The [5:18:09] community that we have built [5:18:11] this city, the working together [5:18:13] with neighbors and >> partners [5:18:18] that we >> have in this city to [5:18:19] destroy that would be [5:18:22] unconscionable. We >> are a [5:18:25] city that is a community no [5:18:29] matter where you live. And to [5:18:31] destroy that would be so sad. [5:18:34] and once we destroy it, we [5:18:36] can't go back. There's plenty [5:18:39] of places in san jose where we [5:18:41] can build high density housing. [5:18:44] my husband worked >> for the [5:18:45] vta for 35 years. I understand [5:18:48] we need more housing there. [5:18:50] vta. Why are we doing that? Why [5:18:52] are we looking at places like [5:18:55] abandoned commercial buildings? [5:18:58] let's be prudent and save >> [5:19:01] our lives. Thank you. Next [5:19:04] speaker. Good evening. My name [5:19:11] is baller and increasing [5:19:13] density from 8 to 32 units per [5:19:16] acre with three storey [5:19:17] buildings will reverse or to [5:19:20] our neighborhoods. Furthermore, [5:19:22] the density will place an [5:19:24] unsustainable burden on [5:19:26] essential public services. Most [5:19:29] concerning is the proposed [5:19:31] ministerial approval process. [5:19:34] there's three practical [5:19:35] examples that I have seen. A [5:19:37] neighbor of mine runs a hostel [5:19:41] for traveling nurses at one [5:19:42] point in time on a 5000ft² lot. [5:19:45] I found 16 vehicles parked. [5:19:48] another of my neighbors runs a [5:19:50] rental car agency. A third and [5:19:52] a fourth. They actually run a [5:19:54] bar inside their garage. Now if [5:19:57] we adopt this kind of a [5:19:58] proposal, just imagine the [5:20:00] consequences that it'll happen. [5:20:02] people think commercial and [5:20:04] this is what is going to cause [5:20:06] damage to our community. I urge [5:20:08] the city council to vote no. [5:20:11] thank you. Next speaker alison [5:20:14] single loni come on down linda [5:20:17] geisha and ali >> victory. >> [5:20:22] good evening. I'm veena [5:20:24] ramachandran from various huh? [5:20:26] I strongly opposed the zoning [5:20:29] from single family home to [5:20:30] multi >> zoning. Several [5:20:32] residents of various high in [5:20:34] san jose >> have worked hard [5:20:35] all their lives to buy a single [5:20:37] family >> home. Several people [5:20:39] have moved from other crowded [5:20:41] cities nearby to come and live [5:20:43] in san jose because of the [5:20:45] present single family homes and [5:20:47] the large sites. Demolishing [5:20:50] single family homes destroys an [5:20:52] entire neighborhood. Also the [5:20:55] wave of unnecessary [5:20:56] requirements like garages and [5:20:58] entrances puts pressure on [5:21:00] neighbors. And there'll be [5:21:03] fights and disputes. There'll [5:21:06] be an increase in crime. And [5:21:08] most important, what no one is [5:21:10] mentioning is that land sharks [5:21:11] will move in. If I have two [5:21:13] multi-story buildings on either [5:21:15] side of me I'm a very easy prey [5:21:17] and I'll be forced out. And >> [5:21:19] this is not what I bought a [5:21:21] house in san jose for. So [5:21:23] please oppose this. Thank you. [5:21:27] next speaker kris justin. Come [5:21:29] on down. Bart wilner and [5:21:31] benjamin white. Good evening, [5:21:34] alison single lani, director [5:21:35] of policy with s.v. At home and [5:21:36] a longtime d5 resident. We [5:21:39] support the planning [5:21:40] commission's recommendation to [5:21:41] increase residential [5:21:42] neighborhood densities to 32 [5:21:44] units per acre. To support the [5:21:46] development of middle income [5:21:47] housing, this can help create [5:21:49] much needed more affordable [5:21:50] homes in san jose. Make street [5:21:53] smart strategic use of our [5:21:54] existing infrastructure and [5:21:56] reduce greenhouse gas emissions [5:21:57] by letting people live closer [5:21:59] to where they work. We [5:22:00] encourage council to take this [5:22:02] necessary step in compliance [5:22:03] with the city's adopted housing [5:22:05] element from the teeth, [5:22:06] tordillos and committee memo we [5:22:07] support increased height limits [5:22:09] for middle housing surrounding [5:22:10] transit areas. From the mayor's [5:22:12] brown act memo we support the [5:22:13] recommendations related to [5:22:14] pickup lands from the candela [5:22:17] ortiz mulcahey memo. We support [5:22:18] a streamlined process and lower [5:22:20] fee structure for special use [5:22:21] permits for communities serving [5:22:23] users on pickup land. We oppose [5:22:26] adding new parking requirements [5:22:27] to development or exempting [5:22:29] parts of the city from middle [5:22:30] income development. You can [5:22:32] live >> in a vibrant city [5:22:33] that's growing or >> thank you [5:22:38] >> that your time next speaker. [5:22:40] >> linda gautier district [5:22:44] district nine for 46 years [5:22:46] esteemed mayor council members [5:22:48] as an elected official I'm [5:22:50] accustomed to dense official [5:22:51] language but please create [5:22:53] executive summaries for these [5:22:54] proposals that are bullet [5:22:55] pointed and in plain english [5:22:56] for the layperson homeowner who [5:22:58] wants to know what 100 words or [5:23:00] less what it means for him or [5:23:01] her? Personally I'd like to say [5:23:03] that I'm tired of the pit [5:23:05] of the popular view that [5:23:07] my neighbors and I are selfish [5:23:08] privileged snobs. My cambrian [5:23:11] home I bought out could only [5:23:13] squeak into my cambrian home in [5:23:14] 1980 because it had a 60 cubic [5:23:16] foot hole for a planned [5:23:17] swimming pool in the backyard. [5:23:19] I couldn't afford to have it [5:23:20] filled so for two years I [5:23:21] got free pool dirt dumped in [5:23:23] front of the house and used a [5:23:24] wheelbarrow to get it in the [5:23:25] hole. My salary at that time [5:23:28] was under 12 a year and I [5:23:29] worked multiple jobs for a long [5:23:30] time. I refinanced to send a [5:23:32] son to college and again to [5:23:34] help his family buy a house [5:23:35] of their own. I live on a tight [5:23:37] budget in the house so many [5:23:38] seem to resent me having I made [5:23:41] this investment under a set [5:23:42] of rules that I had every [5:23:43] reason to expect would not. [5:23:46] thank you that your time? Next [5:23:48] speaker. Ali superman come on [5:23:51] down and down. Oh, hello. Ali [5:23:56] victory in district seven and I [5:23:59] discovered I'm in the missing [5:24:01] middle for 45 years my husband [5:24:04] and I raised our family in high [5:24:07] density home. We have a [5:24:08] townhome across the street are [5:24:11] duplexes a half mile away >> or [5:24:15] apartment complexes and right [5:24:17] next door single family homes. [5:24:19] it's a neighborhood that works. [5:24:22] it does have issues. Parking is [5:24:26] one for 45 years we've had [5:24:28] issues with parking. So this [5:24:31] plan I support but I am really [5:24:35] glad to see the memorandums [5:24:38] that are looking to direct the [5:24:40] staff in a reasonable way. [5:24:43] thank you. Thank you. Next [5:24:46] speaker hi my name is chris [5:24:50] justine my wife and I have a [5:24:52] house in willow glen. We all >> [5:24:54] want housing to be more [5:24:55] available and more affordable [5:24:57] but more density, more [5:24:58] affordable housing are not the [5:24:59] same thing. Increasing [5:25:01] neighborhood density is only [5:25:02] one possible tool. Tax policy [5:25:05] incentives >> regulatory [5:25:07] reform, development costs and [5:25:08] other approaches can also [5:25:10] affect housing availability >> [5:25:11] and affordability. Yet we >> [5:25:13] are considering changes that [5:25:14] could increase residential [5:25:16] neighborhood density from eight [5:25:18] to as much as 32 units an acre [5:25:20] allow three storey development [5:25:22] and use ministerial approvals. [5:25:24] your own memoranda show that [5:25:26] the answers aren't settled >> [5:25:27] here. That's why I support [5:25:29] councilmember jones request for [5:25:30] a four week deferral and [5:25:32] dedicated >> public meeting for [5:25:34] weeks as a small price to pay [5:25:36] for better public understanding [5:25:37] of a policy that could [5:25:39] permanently affect san jose's [5:25:40] established neighborhoods. [5:25:42] don't make the policy outrun [5:25:44] the evidence. Give the public [5:25:46] the four weeks to study the [5:25:47] alternatives. Then we can make [5:25:49] an informed decision. >> I bart [5:25:57] wilner district six for 48 [5:25:59] years state bill 79 is a [5:26:07] mandate. It's the law. We have [5:26:08] to follow it. What you're all [5:26:10] trying to do now is strictly a [5:26:13] discretionary decision. It has [5:26:15] nothing to do with the law. It [5:26:17] is not a mandate. You only [5:26:18] mandate is to the voters that [5:26:19] put you in office. Right now we [5:26:22] shouldn't be looking [5:26:25] at increasing what the state [5:26:27] of california is asking for. We [5:26:28] should be looking at how we can [5:26:30] fulfill what the state [5:26:31] of california is asking for. [5:26:32] follow the law. Do it for a few [5:26:35] years. Reevaluate see what how [5:26:37] it works out and then may [5:26:39] changes as necessary. We're [5:26:41] putting a horse in front of the [5:26:42] cart. It's ridiculous right [5:26:44] now. Your your emphasis should [5:26:47] be seeing >> how google is [5:26:48] going to build the 5900 units [5:26:51] 25% of them affordable housing [5:26:53] that they promised us and it's [5:26:55] now going to be probably in the [5:26:56] mid 2030s before they even [5:26:58] break ground. Come on, let's do [5:27:00] the job. Thank you. That your [5:27:01] time? Thank you. I'm bill [5:27:03] moline. Come on down steve [5:27:05] ling, robert wood and mary [5:27:07] pizzo. Hello. My name is [5:27:13] benjamin white. I live in the [5:27:16] winchester corridor [5:27:17] neighborhood. >> I think that [5:27:20] the fourfold increase in [5:27:23] residential zoning density that [5:27:25] is proposed is extreme for that [5:27:28] neighborhood. I also >> think [5:27:31] that rezoning property ease in [5:27:36] this and any parcel in this [5:27:38] residential neighborhood to [5:27:41] urban residential is also [5:27:43] inappropriate for a residential [5:27:46] neighborhood like this. And I [5:27:49] also want to say that I do [5:27:52] support the memo that [5:27:55] councilmember mulcahy [5:27:56] coauthored. I think that is a [5:27:59] reasonable proposal, a step in [5:28:02] the right direction. Thank you. [5:28:04] >> thank you. Next speaker. [5:28:11] thank you. I'm bill wolf and I [5:28:15] think this is a great proposal. [5:28:17] for any city with a subway [5:28:20] system because with the subway [5:28:23] system people can just ride to [5:28:24] work and they're fine. But if [5:28:28] you don't have a subway system, [5:28:30] people might need cars and they [5:28:32] might need to park their car [5:28:34] both at work and at home. So [5:28:37] please vote against this idea [5:28:40] and as an incentive I'll give [5:28:42] up the rest of my time. Thank [5:28:45] you. Next speaker I ali [5:28:53] superman on behalf of the [5:28:54] housing action coalition and as [5:28:56] a downtown resident I urge you [5:28:58] to accept staff's winchester [5:28:59] boulevard compromise. Please [5:29:01] don't limit the corridor to [5:29:02] townhomes only and don't carve [5:29:03] out parcels 8 to 6 winchester [5:29:05] hersh special treatment because [5:29:07] every site shares the same [5:29:08] characteristics. On missing [5:29:10] middle housing please adopt [5:29:11] at least 40 dwelling units per [5:29:13] acre as task force members have [5:29:15] called for berkeley's program [5:29:16] goes further at 17 if berkeley [5:29:18] can do it, a much larger city [5:29:20] like san jose can too. Density [5:29:22] must be high enough to make [5:29:23] math work. I also support the [5:29:24] councilmembers tordillos and [5:29:26] may's memo. I encourage a [5:29:28] predictable ministerial [5:29:29] approval process with clear [5:29:30] objectives standards and [5:29:31] defined review timelines. [5:29:33] please maintain the city's [5:29:35] commitment to eliminate parking [5:29:36] minimums. We committed to [5:29:38] things in the housing element [5:29:39] and we don't need to [5:29:40] relitigate. We must implement a [5:29:42] program that maintains the [5:29:44] city's housing element [5:29:45] commitments falling short risk, [5:29:46] decertification and loss [5:29:48] of local land control. Thank >> [5:29:49] you. >> thank you. Next [5:29:51] speaker. >> hello, my name is [5:29:56] steve leng. I'm present of the [5:29:58] strawberry park neighborhood [5:29:59] association in district one. [5:30:02] I'm also former former chairman [5:30:05] of the district one leadership [5:30:06] group. Thanks for the [5:30:08] opportunity to speak. I'll be [5:30:09] brief in the if the motivation [5:30:11] for up zoning in the proposed [5:30:13] framework is to meet the state [5:30:15] mandate of 62,200 new housing [5:30:18] units by 2031 for the regional [5:30:20] housing needs allocation. I [5:30:22] believe there are less dramatic [5:30:24] ways to get this done. [5:30:27] specifically I'm referring to [5:30:29] the quadrupling of the single [5:30:31] family density limits from 8 to [5:30:33] 32 units per acre across the [5:30:36] entire city. Please vote no on [5:30:39] this proposal. Hold your [5:30:40] planning staff and neighborhood [5:30:43] leaders like me accountable to [5:30:45] go come up with a better plan. [5:30:47] thank you. Thank you. Next [5:30:50] speaker >> after this speaker [5:30:53] I'm going to call five names [5:30:55] online. Just so you know, I [5:30:57] have about six cards left in [5:31:00] person and 20 >> hands online. [5:31:02] go ahead. >> good evening. [5:31:04] my name is mary peet. So I have [5:31:06] lived in san jose almost all [5:31:08] of my life and I would like not [5:31:11] only the council >> but also [5:31:13] the planners >> to look at the [5:31:15] items that were detailed by the [5:31:17] district six leadership group [5:31:20] because we believe in growth, [5:31:22] we understand we live in a city [5:31:23] that needs to grow but we also [5:31:25] believe that some of the path [5:31:27] decisions have proven to be [5:31:29] inaccurate and some of the new [5:31:31] guidelines that you're [5:31:32] proposing are way too generous [5:31:35] for develop buyers and really [5:31:38] don't address the neighbors who [5:31:40] come to these meetings to talk [5:31:42] with other neighbors who really [5:31:44] want you to respect the fact [5:31:46] that we also know our [5:31:47] neighborhood and what's worked [5:31:49] and what hasn't worked. Thank [5:31:51] you. >> alright I'm going to [5:31:54] go to sheila and then followed [5:31:56] by m.l. And tamisha. Jordan [5:31:58] moldau and tate. Okay. My name [5:32:02] is sheila. Okay. I'm an [5:32:03] associate broker with bmg. I [5:32:05] think two things are essential. [5:32:08] I don't agree with the proposal [5:32:10] because it doesn't meet the [5:32:11] needs of the city or the [5:32:12] community but more importantly [5:32:15] any developer who's making a [5:32:17] ton of money by giving you 1 or [5:32:20] 2 housing that is subsidized as [5:32:24] opposed to full tilt money is a [5:32:28] violation of our rights as [5:32:30] citizens to give our hard [5:32:32] earned money and interest to [5:32:34] them. So I'm opposed to that. [5:32:36] I'm also opposed to if you're [5:32:38] going to build why don't you [5:32:40] just build underground [5:32:42] permanently just the way you [5:32:44] need to do to make sure [5:32:45] everybody in that building has [5:32:47] a place to go. Now that makes [5:32:50] no impact on the community [5:32:52] of the people you're going to [5:32:53] damage anyway. If you [5:32:55] go through with it. And third, [5:32:57] if you're going to get the [5:32:59] developers to give your money [5:33:02] to m.l. >> followed by an [5:33:05] tamisha I am very concerned [5:33:09] that data centers are not [5:33:10] included as a study topic and [5:33:12] this work plan for your four [5:33:13] year review of the general plan [5:33:14] for 2047 would need to be [5:33:17] studied as part of the general [5:33:18] plan. There are currently 34 [5:33:19] approved and pending data [5:33:20] center projects in san jose. A [5:33:22] lot of them are district two [5:33:23] where there is no recycled [5:33:25] water. These data centers [5:33:26] directly steal freshwater [5:33:27] resources away from human [5:33:29] beings and wildlife in the [5:33:30] city. We need water not data to [5:33:32] survive. We already live in a [5:33:33] very drought prone area. The [5:33:35] u.n. Has declared that we are [5:33:36] now in an era of water being [5:33:38] added as of this year. So we [5:33:40] will surely see a drought again [5:33:41] in this area. Water consumption [5:33:43] needs to be human consumption [5:33:45] needs to be prioritized. Noise [5:33:47] pollution energy needs hazards [5:33:48] to human and wildlife health [5:33:50] are also very serious concerns [5:33:51] that I don't have time to speak [5:33:53] on. Data centers need to be [5:33:54] studied as part of this general [5:33:56] plan. Please reject this [5:33:57] proposal. The >> mischa [5:34:01] followed by jordan mayor >> may [5:34:05] hand council members and west [5:34:06] tennessee resident and a member [5:34:08] of I love san jose.org [5:34:09] coalition of over 3000 [5:34:11] organized residents. My family [5:34:12] lives less than a mile from the [5:34:14] prologis proposed 99 megawatt [5:34:17] data center today. Residents [5:34:18] spoke against rezoning ibm [5:34:20] almaden for data centers. You [5:34:21] voted 9 to 2 to approve it [5:34:23] anyway. No cumulative impact [5:34:25] analysis, no standard city [5:34:26] staff confirm this is analysis [5:34:28] doesn't currently exist. We [5:34:30] already have equinox operating [5:34:32] nearby stack infrastructure's [5:34:33] 100mw pending for a lot for a [5:34:36] allergist's with 396mw plant [5:34:39] yet there's no analysis [5:34:40] of whether our neighborhoods [5:34:41] can serve this combined load [5:34:43] of water consumption and [5:34:44] pollution. Residents near [5:34:46] betty's facility in mansfield, [5:34:48] georgia can no longer drink [5:34:49] their water. We won't let that [5:34:51] happen here. Your vote today [5:34:52] proved we need binding [5:34:54] standards before approvals, not [5:34:57] after I'm asking you to commit [5:34:58] now require conditional use [5:34:59] permit instead of special use [5:35:01] permits for data centers, [5:35:02] mandate cumulative impact [5:35:03] analysis and apply new [5:35:04] standards or draft >> jordan [5:35:07] followed by >> tate. Hi this is [5:35:10] jordan muldowney d through [5:35:12] resident thank you to council [5:35:13] members toward ios and comté [5:35:15] and the city staff for their [5:35:16] memos that demonstrate forward [5:35:17] thinking leadership on land [5:35:19] use. I live in a ten year old [5:35:21] apartment building in [5:35:22] japantown. My neighbors and I [5:35:24] contribute to the neighborhood, [5:35:25] participate in neighborhood [5:35:27] groups, walk or dogs pay taxes. [5:35:30] we're not bogeymen. We live [5:35:32] peacefully with our home owning [5:35:33] neighbors. Our apartment our [5:35:35] apartment was built with [5:35:37] parking minimums. The parking [5:35:39] is never close to full. [5:35:41] families have many different [5:35:43] shapes and sizes and many [5:35:44] different transportation needs. [5:35:46] setting parking minimums are [5:35:47] unlikely to be too low but [5:35:49] they're extremely likely to be [5:35:50] too high. The staff report [5:35:52] studied parking and determined [5:35:54] that developers are still [5:35:55] building it. We shouldn't be [5:35:56] making policy based on failed [5:35:58] pseudoscience. Please reject [5:36:00] parking minimums and the [5:36:01] negatives that they bring. I [5:36:03] also support communities [5:36:04] serving in residential areas [5:36:06] and pickup zones as as talked [5:36:08] about in huge council memos >> [5:36:11] came before a unmute taped I'm [5:36:13] going to call names of people [5:36:16] in the room. Lina or liana [5:36:19] olive lindy hayes, greg [5:36:23] carlson, jeff pedulla and bill [5:36:27] wolfe come on down >> and taped [5:36:31] over to you. >> hello, I'm [5:36:38] kate. I'm a homeowner in d10. [5:36:40] I've lived here for about six [5:36:41] years and I for one would [5:36:42] welcome new neighbors and [5:36:43] strongly support that missing [5:36:45] middle proposal. I think we [5:36:47] need at least three units [5:36:48] probably probably more. As [5:36:50] someone else pointed out to [5:36:51] me to meet our housing goals. [5:36:52] we don't need things like [5:36:53] parking minimums. We can leave [5:36:54] that up to individual sites to [5:36:55] determine and they just add [5:36:56] cost proposals. And please [5:36:59] think of all the young families [5:37:02] who aren't there tonight and [5:37:03] can't express their voices and [5:37:05] really need affordable housing [5:37:07] in san jose. Thank you >> mayor [5:37:12] mehan. Council members >> [5:37:16] my name is liana all of I'm a [5:37:17] resident and a member [5:37:18] of concern corry neighborhood. [5:37:20] I would like to thank the [5:37:22] council members conduct [5:37:24] countless and also ortiz and [5:37:30] especially our district six [5:37:33] councilmember malcolm mccarthy [5:37:34] for listening to our concerns [5:37:36] on the rezoning of the north [5:37:37] winchester corridor and ferris [5:37:39] forest avenue. The designations [5:37:41] of mulan on winchester with [5:37:43] forest to remain ryan and cc [5:37:46] will not only provide for [5:37:47] additional housing but will [5:37:48] also preserved small businesses [5:37:50] that generate greater tax [5:37:51] revenue and put less strain on [5:37:53] multiple services. Any other [5:37:56] zoning will have a negative [5:37:57] impact on the traffic safety, [5:37:59] parking and integrity of the [5:38:01] neighborhood and impact the [5:38:02] ability of these businesses to [5:38:04] survive. I would also urge you [5:38:06] to reject the missing middle [5:38:08] housing and continue to develop [5:38:10] land as designated in the 2040 [5:38:13] >> general plan. >> thank you [5:38:14] that your time next speaker [5:38:16] christy. Right. Come on down, [5:38:18] sam kurtzman worksman and [5:38:22] sandra delavan. Go ahead. >> [5:38:25] I'm linda hayes from concern [5:38:26] corrie neighbors. There are two [5:38:29] issues where we disagree with [5:38:30] the planning department staff. [5:38:32] the winchester corridor and [5:38:35] identification of residential [5:38:36] neighborhoods for the [5:38:38] winchester corridor. We embrace [5:38:40] the recommendations of our [5:38:42] councilmember michael mulcahy [5:38:45] to preserve the profitable [5:38:47] small businesses along for us [5:38:50] and to rezone as a mixed use [5:38:53] neighborhood properties along [5:38:55] winchester to permit housing. [5:38:58] council member mulcahy's [5:39:00] solution is better for our [5:39:02] neighborhood and recognizes the [5:39:05] housing needs of the city. I am [5:39:09] thrilled for the densification [5:39:13] issue. We think it is [5:39:14] haphazard. Once it is done it [5:39:17] cannot be undone. If the [5:39:20] council has a compromise to [5:39:22] propose we would very much like [5:39:24] to hear it. Thank you. >> thank [5:39:26] you. Next speaker. My name is [5:39:33] greg carlson and I'm with [5:39:35] concern corey neighbors. And [5:39:37] this is an important moment not [5:39:38] just in the winchester corridor [5:39:40] in san jose but perhaps beyond. [5:39:43] these are your concerns. Once [5:39:45] sometime back you asked us to [5:39:47] give you our votes to allow you [5:39:49] to be sitting here today to [5:39:50] represent our neighborhoods and [5:39:52] to protect the safety and [5:39:53] integrity of our neighborhoods [5:39:54] and small businesses. Now is [5:39:57] the time that we come to you to [5:39:58] confirm that we the voters made [5:40:00] the right decision. We asked [5:40:02] you to protect the safety and [5:40:03] integrity of our neighborhoods. [5:40:05] we asked you to support our [5:40:06] councilmember michael mulcahy's [5:40:08] recommendation to not changing [5:40:10] the forest avenue zoning and no [5:40:13] more than mixed use residential [5:40:14] on the designated parcels along [5:40:16] the winchester corridor. [5:40:18] including 826 north winchester. [5:40:21] how much time do I have to [5:40:23] build a vibrant downtown and [5:40:26] put up two high rises around [5:40:28] downtown? Perfect. Thank you. [5:40:31] >> thank you. Next speaker. [5:40:34] marni, come on down. And ken >> [5:40:38] hillman. I'm jeff temple. I'm [5:40:41] approaching this from a [5:40:42] different angle. I submitted a [5:40:47] legal ethics complaint to two [5:40:50] projects in college park. [5:40:54] applicable laws and procedures [5:40:56] weren't followed. Then this is [5:41:00] the 2012 emery street land [5:41:03] deal. The pedestrian easement [5:41:06] exists as a cloud on the title [5:41:09] and the date of the recorded [5:41:10] deed I saw was december 17th, [5:41:14] 2012 but the matter was heard [5:41:17] and passed by the council on [5:41:19] the 18th. Thank you. >> thank [5:41:24] you. Next speaker I >> urge you [5:41:26] to vote no. The problem with [5:41:28] this is the blanket approval to [5:41:31] build high density housing on [5:41:33] any residential lot. It doesn't [5:41:36] make sense. My name is kristi [5:41:38] wright and I moved to san jose [5:41:39] 30 years ago because I found a [5:41:41] neighborhood that has [5:41:43] character. It feels safe. It's [5:41:46] quiet at night. It has ample [5:41:48] parking. There are front yards [5:41:50] and backyards for the kids to [5:41:52] play in. High density housing [5:41:55] built right in the middle of a [5:41:56] quiet block changes the fabric [5:41:59] of the street and that [5:42:00] neighborhood. I seriously doubt [5:42:02] that any of you council members [5:42:04] would like a high density unit [5:42:06] built right next to your house. [5:42:08] we need more housing to let's [5:42:10] put it along the transit [5:42:11] corridors like the award [5:42:12] winning envision san jose 2040 [5:42:16] plan. There is a lot of space [5:42:19] in san jose. Let's build where [5:42:21] it makes sense. I also object [5:42:23] to the lack of public input on [5:42:26] this rezoning. Thank you that [5:42:29] >> your time next speaker. Nick [5:42:32] cochran come on down. I'm here [5:42:36] >> today speaking as a board [5:42:38] member of families and homes [5:42:40] san jose at 100% volunteer [5:42:44] locally based city grass >> a [5:42:48] city wide grass neighborhood or [5:42:50] group directly representing [5:42:52] san jose residents and voters. [5:42:54] I'm standing up here alone but [5:42:56] others stand with me. I am [5:42:58] presenting a petition titian [5:43:00] signed by 4244 san jose [5:43:03] residents. So I am actually [5:43:05] speaking for those residents [5:43:07] and more. We oppose the missing [5:43:09] middle recommendation from the [5:43:11] planning commission and staff. [5:43:13] the following is my personal [5:43:14] comment. We are here today [5:43:16] because of decisions and votes [5:43:18] made by 22 and 2023 by the city [5:43:21] council and staff then who [5:43:23] worked on the housing element. [5:43:25] you were responsible for the [5:43:27] situation today. Fix your [5:43:30] error. Do not tell us you [5:43:32] can't. You got us here. Please [5:43:34] get us out of here. Thank you. [5:43:37] thank you. That your time? Next [5:43:41] speaker. >> I strongly support [5:43:46] the memorandum from [5:43:47] councilmember baltimore katie [5:43:48] ortiz and has the >> compromise [5:43:51] to replace all of the proposed [5:43:53] user zoning with m1 along with [5:43:54] the preservation of our and [5:43:56] along the forest avenue is what [5:43:57] makes sense for the winchester [5:43:58] corridor. I have attended [5:44:00] almost all of the general plan [5:44:02] for review meetings and [5:44:03] appreciate that the task force [5:44:04] members did not support the [5:44:06] staff's recommendation for u r [5:44:08] and held multiple votes and [5:44:09] also countered with proposals [5:44:11] of m1 zoning in place of u r. [5:44:14] corey residents understand that [5:44:15] more housing is needed but u r [5:44:16] zoning would not create housing [5:44:18] that would actually benefit the [5:44:19] potential new residents and [5:44:21] would severely negatively [5:44:22] impact the current ones. The [5:44:23] already terrible traffic would [5:44:24] be awful and further the lack [5:44:26] of any parking mandate would be [5:44:27] devastating to an area already [5:44:28] impacted by overflow parking [5:44:30] from valley fair that has been [5:44:31] exacerbated since the increase [5:44:33] the parking fees there area is [5:44:35] not at all appropriate for u r [5:44:36] zoning m u n zoning along the [5:44:37] winchester boulevard and [5:44:38] preserving r and along forest [5:44:40] avenue is a reasonable [5:44:41] compromise. Thank you. Thank [5:44:44] you. Next >> speaker kooser jr [5:44:46] woods come on down daisy mendez [5:44:48] and julie finn harris. >> [5:44:51] go ahead. We were here in june [5:44:53] 2025 talking about 17 and 15 [5:44:56] story project zoning change [5:44:58] at 826 north winchester with [5:45:00] overwhelming opposition from [5:45:02] the community the council [5:45:04] thankfully denied. Now we are [5:45:06] back again talking about [5:45:08] rezoning multiple lots on the [5:45:09] winchester corridor. I'm [5:45:10] shocked that winchester [5:45:11] boulevard is being targeted [5:45:13] again given many members of the [5:45:15] planning task force question [5:45:17] why I would request that the [5:45:19] issues of the densification [5:45:21] of residential neighborhoods [5:45:22] and the winchester corridor [5:45:24] rezoning be considered [5:45:26] separately. This would be [5:45:28] similar to the action at the [5:45:29] planning commission task force [5:45:31] where the commissioners pulled [5:45:32] out these two issues for [5:45:34] discussion and had divided vote [5:45:36] on the winchester corridor. [5:45:38] unfortunately the planning [5:45:39] director didn't spend any time [5:45:41] explaining to the council the [5:45:43] winchester corridor rezoning [5:45:46] don't break the promise to this [5:45:47] and as a neighborhoods don't [5:45:49] go forward with the planning [5:45:50] department's proposal, don't [5:45:52] let. >> thank you that your [5:45:55] time next speaker. Good [5:46:04] evening. I live in 83 san jose. [5:46:07] it's made up of distinct [5:46:09] neighborhoods and this proposal [5:46:10] can irreparably change and [5:46:12] possibly destroy them. It will [5:46:14] certainly negatively impact [5:46:16] livability. A large influx [5:46:18] of new residents will make the [5:46:19] city even less habitable [5:46:21] without more certainty, without [5:46:23] more services and resources [5:46:25] which you can't provide. Under [5:46:27] this proposal neighbors will [5:46:29] lose their ability to have [5:46:31] input on future projects with [5:46:33] only ministerial review and no [5:46:35] subjective design requirements. [5:46:37] historic call and preservation [5:46:39] conservation districts which [5:46:41] should be protected can be [5:46:43] changed beyond recognition. I [5:46:45] understand that the state is [5:46:46] mandating many changes which [5:46:49] san jose needs to comply with [5:46:50] why the city is proposing to [5:46:52] make even more draconian [5:46:53] changes is frankly beyond [5:46:55] my comprehension. You are [5:46:56] making the current residents [5:46:58] of the city plant part of a [5:46:59] zoning experiment that will [5:47:01] have unintended consequences. [5:47:03] I'm just >> going. >> thank [5:47:09] you. Next speaker roberta moore [5:47:10] come on down rush patel and [5:47:12] john leave it. Good evening. [5:47:16] during the 45 years I've lived [5:47:18] in san jose there have been [5:47:19] city council decisions which I [5:47:22] have not agreed but have always [5:47:24] been able to understand and if [5:47:26] not appreciate opposing points [5:47:28] of view at least until now. The [5:47:31] planning commission's recent 9 [5:47:33] to 2 decision to effectively [5:47:35] nullify the envisioned san jose [5:47:38] 2040 plan I recommending [5:47:40] dramatic up zoning uniformly [5:47:42] across all residential [5:47:44] neighborhoods is misguided and [5:47:47] in my view a complete [5:47:48] abdication of the dissenting [5:47:51] commissioners overall duty and [5:47:53] responsibility to the citizens [5:47:55] of san jose. Quite frankly I am [5:47:58] done dumbfounded at finding [5:48:01] myself in the position [5:48:03] of having to vehemently voice [5:48:05] subjection to this vacuous [5:48:06] policy recommendation. I don't [5:48:09] recall carmen since being given [5:48:11] a leave of absence. I trust [5:48:14] that common sense will thank >> [5:48:16] you that your time next [5:48:18] speaker. Carol last name I [5:48:22] think heffley. Come on down, [5:48:24] chandler three hand and sam. [5:48:29] go ahead. >> while the city has [5:48:31] the authority to rezone and [5:48:34] pass ordinances a single family [5:48:37] lot with existing deed [5:48:40] restrictions cannot be made [5:48:44] null and void by these actions. [5:48:48] the enforcement of deed [5:48:50] restrictions is a civil court [5:48:53] >> matter between private [5:48:56] properties parties. Excuse [5:48:59] me >>. Our neighborhoods will [5:49:01] actively defend to our [5:49:03] restrictions of one residential [5:49:06] unit per lot in court against [5:49:10] any and all development on our [5:49:13] deed restricted single family [5:49:17] >> lots. Obviously I oppose >> [5:49:20] this. I'd like to thank the [5:49:21] building and these guys for [5:49:23] showing chuckie cheese and the [5:49:25] first slide. That is six more [5:49:29] stories >> to go. >> thank you [5:49:32] that your time. Next speaker. [5:49:37] >> hi there. I'm judy finn [5:49:40] harris. I live in cary and I'm [5:49:42] a renter and I've been laid off [5:49:45] and >> I am really still hoping [5:49:48] to make san jose my home to put [5:49:51] down roots here, maybe invite [5:49:52] >> my son and his girlfriend as [5:49:54] they hope to build. Well, we're [5:49:56] not saying what they're hoping [5:49:57] to build yet >> but one thing [5:50:00] that really it's so special [5:50:02] about san jose is the diverse [5:50:05] >> and distinct neighborhoods. [5:50:08] each one has their own [5:50:09] characteristics and that's the [5:50:12] result of years of careful [5:50:14] planning, thoughtful [5:50:15] consideration done hand-in-hand [5:50:18] with our community >> members. [5:50:21] so I urge the council to please [5:50:23] make sure that there's enough [5:50:24] time to do this to make the [5:50:27] thoughtful decisions that won't [5:50:29] negatively impact our [5:50:30] neighborhoods by rushing [5:50:33] something >> and to preserve [5:50:34] that character. And yes, I [5:50:35] support our district. Markey's [5:50:39] proposal. Thank you. >> can you [5:50:47] hear me? Yes. About two weeks [5:50:50] >> ago I came to the planning [5:50:51] group and I asked her hearing [5:50:53] about data centers and that's [5:50:55] coming up. I very strongly [5:50:57] recommend you put data centers [5:50:59] high on the list of things to [5:51:00] add to your generic general [5:51:02] plan. You wisely called for a [5:51:04] meeting tomorrow night. You'll [5:51:05] hear more about it. Then on [5:51:07] residential that issue also [5:51:10] covers water power and open [5:51:13] space. And I ask you to [5:51:14] recommend that you spend some [5:51:16] time looking at the ibm [5:51:19] property because you're going [5:51:20] to need open space for more [5:51:22] people living here. You don't [5:51:24] want the power being taken from [5:51:26] the people to raise the price [5:51:27] of power to the people that [5:51:28] live in our houses here. You [5:51:30] should use the power you [5:51:32] got from manufacturing and keep [5:51:34] the prices down as low as you [5:51:36] can. And number three like some [5:51:38] company like ours like green [5:51:40] cloud it's not good to use [5:51:42] water in a data center. I [5:51:44] really respect what you're [5:51:45] doing. You've got to bury thank [5:51:46] god and keep it up. Thank you. [5:51:49] next speaker roberto moore [5:51:56] housing commission speaking [5:51:58] personally. Miss information is [5:52:00] driving >> this proposal since [5:52:03] 2000 >> 15 h c d decertified >> [5:52:07] seven city e's and fined two [5:52:10] one and they were all for very [5:52:13] serious violations >> despite [5:52:16] verbal conversations not one [5:52:19] involved council rejecting >> a [5:52:21] density proposal not one. This [5:52:26] proposal >> will undermined >> [5:52:29] our city's preservation goals. [5:52:34] barriers to affordable housing [5:52:36] are >> financing and costs, not [5:52:39] density and land. How did staff [5:52:43] get this so >> wrong? Garbage [5:52:46] in, garbage out require >> [5:52:49] staff to separate legal [5:52:50] mandates from discretionary [5:52:52] choices measure the impact and [5:52:55] >> thank you that your time. A [5:52:59] meal jack and ah. Come on down. [5:53:03] kelly macdonagh >> and gerry [5:53:06] giles. >> good evening. My name [5:53:09] is sam district nine and me a [5:53:12] vice mayor and the city [5:53:14] council. Thank you for your [5:53:15] leadership. I know you care [5:53:16] about this city and make the [5:53:18] best decisions. We ask you to [5:53:21] keep >> the promise. The [5:53:23] promise is what make america >> [5:53:25] america. We love countries that [5:53:28] have law of the jungle. They [5:53:30] make laws along the way and [5:53:31] they mess up quantities of life [5:53:33] of people and people live. I [5:53:34] left there for 50 years. I [5:53:36] never come back to that [5:53:38] communist country today let us [5:53:41] honor >> that. When people [5:53:42] choose a single housing they [5:53:44] choose single housing. When [5:53:46] they choose a community where [5:53:48] their the kids go to the [5:53:49] certain schools they want to [5:53:51] go to those schools. Let's not [5:53:53] mess up that community. Let's [5:53:54] not put density where it [5:53:56] belongs to a place where there [5:53:58] are works. So please honor >> [5:54:01] that promise. Help them to keep [5:54:02] their promise and we ask you to [5:54:04] keep the promise that keep [5:54:06] single housing single housing. [5:54:08] >> next speaker I'm jonathan [5:54:17] and I have lived >> in san jose [5:54:19] for almost 43 years and I like [5:54:23] the neighborhood I live in. In [5:54:25] fact most of my neighbors have [5:54:27] lived around us are almost 2530 [5:54:30] plus. >> so this proposal was [5:54:33] permanently destroyed. That [5:54:35] community feeling we have if [5:54:38] you make this decision is not [5:54:40] something you can reverse once [5:54:42] it happens it's going to affect [5:54:44] central day forever. Another [5:54:46] question I have is what problem [5:54:48] are resolving california [5:54:51] population is going down. [5:54:53] people are moving out. In fact [5:54:56] the net loss of population in [5:54:58] california is wonderful and [5:55:00] this kind of decision by the [5:55:02] state is pushing more people [5:55:04] out. They are moving to the [5:55:06] state where this kind of junk [5:55:08] is not thrown at them. And [5:55:10] second thing is even in [5:55:13] san jose for the last ten years [5:55:15] are more we are losing point 3% [5:55:18] >> every thank you that your [5:55:20] time next speaker david noel [5:55:24] come on down and tom wilson. >> [5:55:29] good evening mayor and council [5:55:31] members my name is maharshi [5:55:32] patel and I'm a resident [5:55:34] of district eight. I'm speaking [5:55:35] tonight in support [5:55:37] of increasing density to 32 [5:55:38] dwelling units per acre in our [5:55:40] one zone areas. My generation [5:55:42] went to school here, worked [5:55:44] hard. Ghada got her degrees and [5:55:46] became working professionals. [5:55:48] yeah we're completely priced [5:55:49] out of the very neighborhood [5:55:50] that we grew up in. We're in a [5:55:52] tough spot that we don't [5:55:53] qualify for affordable housing [5:55:55] and we can't afford the [5:55:56] standard market rate housing as [5:55:57] well because previous [5:55:59] generations bought their home, [5:56:01] bought one, their home prices [5:56:02] were 3 to 4 times lower and [5:56:04] interest rates were [5:56:05] increasingly lower. Longtime [5:56:07] residents are understandably [5:56:09] staying put but without new [5:56:11] housing options there is simply [5:56:12] no room for young families and [5:56:14] working professionals like us [5:56:15] to move in. This isn't just [5:56:17] about housing. It's about the [5:56:19] future of our community. When [5:56:20] young families can't afford to [5:56:21] live here, our public schools [5:56:23] lose enrollment and that they [5:56:25] desperately need to stay open. [5:56:26] in the past year we've seen [5:56:28] multiple schools close this. [5:56:31] thank you. That's your time. [5:56:34] sandra mckinnon come on down [5:56:35] and robert mckinnon >> hi my my [5:56:40] name is jack adler. I am an [5:56:42] immigrant from india. I grew up [5:56:44] in india in a city I came to [5:56:47] chicago, lived in a city lived [5:56:49] in york, lived in philadelphia [5:56:51] before moving here, lived it [5:56:54] until we have a child who had a [5:56:55] child. We moved to glen because [5:56:58] we wanted a room. We wanted [5:57:02] backyard I my job was in [5:57:04] san francisco, still chose to [5:57:06] live here and commute. What [5:57:09] this proposal is doing is [5:57:10] removing choice from people and [5:57:12] that is un-american. Inherently [5:57:15] people who like cities can live [5:57:17] here. There is there is an [5:57:18] apartment building across from [5:57:20] city hall that has 15 open [5:57:23] apartments. Nobody's renting [5:57:25] them there, is there is if you [5:57:28] want to live in middle there is [5:57:32] there are areas like that we [5:57:35] the the planning of the [5:57:37] planning commission should >> [5:57:40] that's your time next speaker. [5:57:44] >> hi I'm kelly mcdonough. I'm [5:57:49] speaking today as a member [5:57:51] of sharon corey neighbors to [5:57:52] urge you to reject the high [5:57:53] density mixed use rezoning for [5:57:55] north winchester boulevard. The [5:57:57] foundational principle [5:57:58] of transit oriented development [5:58:00] is pairing high density housing [5:58:01] with high capacity frequent [5:58:03] transit. This proposal aligns [5:58:05] with those standards. Direct [5:58:07] service on this stretch relies [5:58:08] on a single bus route vta 60 [5:58:11] with busses running 20 20 [5:58:12] minutes apart because line 16 [5:58:14] navigates major freeway [5:58:16] chokepoints and airport [5:58:17] terminals. It suffers from [5:58:18] routine delays. There's no [5:58:20] light rail, no heavy rail, no [5:58:21] dedicated transit lane along [5:58:23] this segment. Assuming future [5:58:25] residents won't drive here is [5:58:26] unrealistic. Without true rapid [5:58:28] transit infrastructure, high [5:58:29] density rezoning will create [5:58:31] car dependent development [5:58:32] spilling traffic into parking [5:58:34] overflow directly into our [5:58:35] neighborhood. I support michael [5:58:37] mckay's proposal to leave the [5:58:39] forest businesses alone and to [5:58:41] limit the winchester sites to [5:58:42] mixed use neighborhood zoning. [5:58:44] thank you. Thank you. Next [5:58:47] speaker. >> it is proposed up [5:58:53] zoning helps the city. Helps [5:58:55] corporations helps developers [5:58:57] and helps billionaires. But [5:58:59] this predatory proposal is [5:59:01] at the expense of all working [5:59:03] class neighborhoods. Yes, up [5:59:05] zoning raises desperate [5:59:08] desperately needed property tax [5:59:09] revenue for the city and county [5:59:11] and it helps the tech pros by [5:59:13] building housing for their [5:59:14] employees. But this is at the [5:59:16] expense of we the people of the [5:59:19] majority who you are supposed [5:59:21] to be representing. Working [5:59:23] class residents bought modest [5:59:25] single family homes in san jose [5:59:27] to escape the pack like sardine [5:59:30] density of apartment living. [5:59:32] now you want to bring apartment [5:59:34] living density to their [5:59:35] neighborhoods based on 1100 [5:59:39] pages of letters written to the [5:59:41] city regarding zoning. The [5:59:43] public is overwhelmingly [5:59:45] opposed. This is your worst [5:59:47] solution to the housing crisis [5:59:49] yet so I urge you to vote [5:59:51] against it. Thank you. >> thank [5:59:53] you. Next speaker elva wilson [5:59:56] enrique navarro and gene hunt. [5:59:59] come on down. Go ahead. >> good [6:00:03] evening. Honorable mayor and [6:00:04] city council. I'm dave noel, [6:00:07] district nine resident [6:00:08] neighborhood leader and present [6:00:09] of erickson neighborhood [6:00:10] association. I urge you to [6:00:12] adopt the following strategy [6:00:13] for missing rental housing. >> [6:00:15] first conform residential [6:00:16] neighborhood densities with [6:00:17] current state laws. Second add [6:00:20] a minimum parking requirement [6:00:21] for residential neighborhoods [6:00:23] of one off street parking space [6:00:24] per unit as allowed by sb nine. [6:00:27] and third advocate at the state [6:00:29] >> level to resolve the [6:00:30] construction defect liability [6:00:32] laws that currently prevent [6:00:33] building condos which can [6:00:35] provide the missing little [6:00:36] housing we need at scale. Here [6:00:39] are some benefits matching [6:00:40] state requirements will allow [6:00:42] sharing best practices with [6:00:43] neighboring cities, reducing [6:00:45] staff time and preserving [6:00:46] capacity to address future [6:00:48] state laws. Changes locating [6:00:50] missing middle housing and [6:00:51] transit corridors will improve [6:00:53] vmt, tree canopy and service [6:00:55] delivery while creating [6:00:56] walkable neighborhoods. [6:00:58] finally, conforming to state [6:01:00] law will prevent local [6:01:01] government mistrust when [6:01:02] residents become aware of it. [6:01:05] thank >> you that your time [6:01:06] next speaker. This housing [6:01:12] crisis is nothing compared to [6:01:15] the number of new crises you [6:01:17] will create if you [6:01:19] indiscriminately start packing [6:01:21] and stacking people in [6:01:22] neighborhoods currently zoned [6:01:24] for single family homes. Do not [6:01:27] pack and stack people without [6:01:29] full realization that each [6:01:31] dwelling and each individual [6:01:33] require water resources which [6:01:35] we're already trying to [6:01:36] conserve energy, power impact [6:01:40] garbage and sewer systems. Each [6:01:43] person deserves to count on [6:01:44] san jose's first responders [6:01:46] police, fire, ambulance [6:01:48] hospitals all of which are [6:01:50] already overtaxed and [6:01:52] functioning below optimal staff [6:01:54] levels. Traffic is impacted [6:01:57] significantly and there's a [6:01:59] much longer list. It is [6:02:01] negligent to pack and stack [6:02:04] people in san jose's single [6:02:06] family home neighborhoods. You [6:02:07] will only be creating a variety [6:02:10] of new crises. >> thank you. [6:02:13] next speaker down with the [6:02:19] update on the city's plan to up [6:02:21] zoned high density housing and [6:02:23] single family neighborhoods >> [6:02:24] is just bad. Do not kill the [6:02:26] american dream. Working class [6:02:29] families that worked hard all [6:02:30] their lives to achieve the [6:02:32] american dream of owning a [6:02:34] single family home should not [6:02:36] have that stripped away. This [6:02:38] entire proposal only benefits [6:02:40] >> rich developers, rich [6:02:42] companies and politicians who [6:02:44] want to get rich from campaign [6:02:46] contributions and kickbacks. We [6:02:49] need our city us to fight for [6:02:51] us and not special interest [6:02:53] groups. Protect our rights to a [6:02:55] decent standard of living and [6:02:57] their pursuit of happiness. [6:02:59] san jose is already facing an [6:03:01] infrastructure crisis with the [6:03:03] need for electrical power, [6:03:04] water, road repair and parking. [6:03:07] adding more people to a [6:03:08] neighborhood that was never [6:03:10] designed or intended to [6:03:11] accommodate that amount [6:03:12] of people is just plain crazy. [6:03:15] >> thank you. Next speaker greg [6:03:18] peralta. Come on down. Doris [6:03:20] lives and seek. Good evening. [6:03:25] >> my name is robert wilson. 36 [6:03:28] year resident of deep. I've [6:03:30] pretty >> aggressively and [6:03:33] dramatically increasing [6:03:35] unmandated levels of density [6:03:38] will have greater negative [6:03:39] impacts >> in lower income east [6:03:42] san jose. We >> know it will be [6:03:45] a fresh tool for predatory [6:03:47] landlords to exploit vulnerable [6:03:50] tenants by cramming even more [6:03:53] renters into tiny cramped [6:03:55] spaces to house people like [6:03:58] cattle. Accepting this proposal [6:04:01] is bad for all of san jose but [6:04:05] it is systemic oppression for [6:04:08] lower income neighborhoods. [6:04:10] please >> consider the negative [6:04:13] unintended consequences. Thank [6:04:15] you. >> your next speaker. Good [6:04:21] evening mayor and council. I'm [6:04:22] cannavaro with the santa clara [6:04:23] county association of realtors. [6:04:25] to build housing and plan for [6:04:27] growth in a responsible way, we [6:04:28] shouldn't ignore transportation [6:04:29] and parking consequences that [6:04:31] come with increased density in [6:04:34] low density neighborhoods. When [6:04:35] more homes are added to an [6:04:36] existing neighborhood, there [6:04:37] will be more vehicles, more [6:04:39] trips, more vehicle miles [6:04:40] traveled and a greater [6:04:41] competition for limited parking [6:04:43] space. Those impacts need to be [6:04:44] evaluated before density [6:04:46] increases are approved or not [6:04:47] after residents are already [6:04:49] dealing with the consequences. [6:04:50] that's one reason why we [6:04:51] support concentrating growth in [6:04:53] planned growth areas in mixed [6:04:54] use corridors where [6:04:55] transportation and [6:04:56] infrastructure planning can [6:04:58] better keep pace of development [6:04:59] and >> housing affordability [6:05:01] and supply is key and we do not [6:05:03] need to sacrifice parking and [6:05:04] increased street congestion to [6:05:05] accomplish either. We need to [6:05:07] think about how people [6:05:08] primarily get around where they [6:05:09] park and whether the [6:05:11] surrounding infrastructure can [6:05:12] accommodate the additional [6:05:13] demand. So please support the [6:05:15] man foley campos cohen and [6:05:17] casey memo and the candela [6:05:18] ortiz mulcahy memo which [6:05:20] address these concerns and [6:05:21] which have a deep >> thank you [6:05:23] that your time lynn respects [6:05:26] key. Come on down marin sader [6:05:29] quest and jessica home. Good [6:05:33] evening council and mayor. I am [6:05:38] a 55 year resident in a single [6:05:41] family neighborhood. I'm from [6:05:43] district one. I'm present [6:05:45] of the murdoch neighborhood [6:05:46] association and I represent [6:05:49] their opinions on this matter. [6:05:51] I'm here to say I don't object [6:05:53] to growth. We do need it but it [6:05:56] needs to be carefully [6:05:57] considered. Ample parking [6:05:59] definitely needs to be [6:06:00] considered as well as keeping [6:06:02] trees. I'm a tree advocate. The [6:06:06] state legislation already has [6:06:08] sb nine, sb 310 and sb 79 to [6:06:12] produce enough housing. Please [6:06:15] leave the neighborhoods alone [6:06:17] and focus on the numerous areas [6:06:19] near existing transit as >> [6:06:21] people who buy there won't need [6:06:23] cars. Sb 330 says downsizing a [6:06:27] property after it has been up [6:06:29] zoned is legally restricted. In [6:06:32] other words, please be >> thank [6:06:35] you that your time? Steven [6:06:40] meyer come on down and michael [6:06:43] gordon. >> good evening. [6:06:45] my name is greg. I'm with the [6:06:47] santa clara county association [6:06:48] of realtors. I'm here asking [6:06:50] you to support the megan foley [6:06:52] campus coin in casey memo. This [6:06:55] memo strikes the right balance [6:06:57] by meeting state housing [6:06:58] mandates and avoids builder [6:07:00] remedy. It adds parking [6:07:03] triggers environmental reviews [6:07:05] above certain density [6:07:06] thresholds and allows light [6:07:08] commercial uses for walkable [6:07:10] neighborhoods. Thank you. >> [6:07:13] thank you. Next speaker rebecca [6:07:15] selden. Stephanie >> legs aa [6:07:18] and david hind all come on down [6:07:20] . >> good evening mayor and [6:07:23] council members. My name is [6:07:24] jessica home and I'm here to [6:07:26] support planning staff's [6:07:27] recommendations for a workable [6:07:29] missing middle housing [6:07:30] framework and the urban [6:07:31] residential designation along [6:07:33] winchester especially for the [6:07:34] a26 north winchester boulevard [6:07:36] >> project. As a millennial, [6:07:38] many of my friends >> in [6:07:40] san jose's still live with [6:07:41] their parents and >> I know a [6:07:42] lot of these people have talked [6:07:43] about how hard they work but I [6:07:44] think we work hard too and [6:07:46] things are different now. We [6:07:47] can't buy homes the way that we [6:07:48] used to and now they're having [6:07:50] children of their own and [6:07:50] they're stuck in the same homes [6:07:51] they grew up with. That's six [6:07:53] people one bathroom, three [6:07:54] bedrooms like that is just not [6:07:56] a hypothetical housing crisis. [6:07:57] it's happening right now and it [6:07:59] is untenable. And just because [6:08:01] some people don't get to [6:08:02] eat all the cake they want [6:08:03] doesn't mean that the rest [6:08:04] of us shouldn't be able to [6:08:05] eat at all. Please support [6:08:07] staff's recommendations and [6:08:09] give san jose the opportunity [6:08:10] to build a homes that residents [6:08:12] not just now but in the future [6:08:14] desperately need. Thank you. [6:08:17] thank you speaker. >> hello, [6:08:20] I'm lynn pesci from district [6:08:22] six and I'm here to urge the [6:08:23] council to reject the proposal [6:08:25] for up zoning citywide. Read [6:08:27] our current guidelines and [6:08:29] state laws already include [6:08:30] opportunities to build for the [6:08:32] missing middle but on a smaller [6:08:33] scale. And as we implement [6:08:35] these missing little guidelines [6:08:37] we need to evaluate their [6:08:39] impact on parking traffic, tree [6:08:41] canopy and the use of services [6:08:43] before we jump into more [6:08:45] dramatic changes. Even if the [6:08:47] proposed guidelines are put [6:08:48] into place, they're going to be [6:08:49] difficult to reverse and I [6:08:51] really feel strongly that [6:08:52] residents need to have the [6:08:53] opportunity to give input [6:08:55] regarding the developments that [6:08:56] will have significant effects [6:08:58] on their neighborhoods in the [6:08:59] future. Thank >> you. Thank [6:09:02] you. Your next speaker. Good [6:09:07] evening >> mayor and council [6:09:08] members. I'm marin sater, [6:09:10] present of willow glen [6:09:11] neighborhood association. We [6:09:13] are not against housing. We [6:09:14] support making san jose more [6:09:16] affordable for future residents [6:09:17] while respecting those who [6:09:19] already >> call san jose home. [6:09:21] because this proposal >> is [6:09:22] discretionary. We should have [6:09:24] data showing that this [6:09:25] additional density will improve [6:09:27] affordability and residents [6:09:29] should have a meaningful voice [6:09:30] in decisions affecting their [6:09:31] communities. California has [6:09:33] already enacted significant new [6:09:35] housing laws. Why not wait and [6:09:37] see their impact before going [6:09:38] further? We also need to [6:09:41] understand the impacts >> on [6:09:42] infrastructure parking, [6:09:44] livability >> and tree canopy [6:09:45] goals. I asked the council to [6:09:47] remove the proposed 8 to 32 [6:09:49] dwelling units per acre [6:09:50] increase >> for residential [6:09:51] neighborhoods. Then please take [6:09:54] a thoughtful look >> before [6:09:55] making meaningful making [6:09:57] widespread changes that may [6:09:58] conflict with the city's own [6:10:00] transportation, public safety [6:10:01] and environmental >> goals. [6:10:03] thank you. Thank you. Next >> [6:10:05] speaker. Hello mayor and [6:10:10] council. I'm michael gordon, [6:10:12] the present of the santa clara [6:10:14] county association of realtors [6:10:15] and a district ten resident. I [6:10:18] think the public's concerns are [6:10:19] clear and I appreciate that the [6:10:22] balanced approach. The memo [6:10:23] from mayor mehan, vice mayor [6:10:25] foley and the council members [6:10:27] campos, cohen and casey as it [6:10:30] strikes the right balance. It [6:10:32] meets the state housing [6:10:33] mandates, avoids builders [6:10:35] remedy addresses parking [6:10:37] triggers, environmental review [6:10:39] above certain density [6:10:40] thresholds and allows light [6:10:42] commercial uses for walkable [6:10:43] neighborhoods. Please support [6:10:45] the memo and the candidates [6:10:48] ortiz and mulcahy memo. I think [6:10:52] the public is demanding real [6:10:53] transparency. They deserve more [6:10:55] outreach, accessible online [6:10:57] participation and stakeholder [6:10:59] engagement well ahead of major [6:11:01] decisions like this one. Show [6:11:03] the residents exactly what's [6:11:05] affected on the map. Publish an [6:11:07] interactive address searchable [6:11:09] map that shows exactly what. >> [6:11:11] thank you. That's your time. [6:11:14] alan. Go ahead, david. But [6:11:17] alan. Jamie >> waite, joanie [6:11:20] murphy, betsy tanner, pamela m. [6:11:24] come on down. >> mr. Mayor, [6:11:28] council members. I'm exhausted. [6:11:29] I'm sure you are too. I thought [6:11:31] I'd give you a quick summary [6:11:33] of the letter I sent you. I [6:11:34] thought I was going to have [6:11:35] 30s. I urge you to approve [6:11:37] them. The mason etc. Memo and [6:11:40] certainly the ken dallas memo [6:11:42] which I'd rather fortuitous as [6:11:44] his name was first. I'd ask you [6:11:46] though to do one thing and [6:11:48] eight dwelling units per acre [6:11:49] to the environmental review. We [6:11:52] don't know if we don't consider [6:11:55] >> the current conditions while [6:11:57] we talk about up zoning we're [6:11:59] missing the boat. It's >> hard [6:12:01] to respond to mr. Burton's [6:12:03] telephone calls since many [6:12:05] of the things that we have [6:12:06] heard are different. I also [6:12:09] urge you to defer this citywide [6:12:10] rezoning matter. All you had to [6:12:12] do is hear the hundreds [6:12:13] of people today. It's not [6:12:15] necessary under sb 79 as we see [6:12:18] the situation and also direct [6:12:20] staff to study all fire risk [6:12:21] areas. And I got another one [6:12:24] but I don't have time. Thank [6:12:26] you very much. Thank you. Next [6:12:29] speaker. Good afternoon. I am [6:12:37] part of councilmember casey's [6:12:40] district and I appreciate that [6:12:44] I have a chance to tell >> you [6:12:45] that I am definitely opposed to [6:12:47] the missing middle >> project. [6:12:50] I think that that would destroy [6:12:52] the single family dwelling. Our [6:12:55] biggest asset my biggest asset [6:12:57] is my home. You're asking to [6:13:01] destroy a neighborhood in our [6:13:02] homes? Councilmember casey, I [6:13:06] >> actually have to say I [6:13:07] haven't seen your memo with the [6:13:09] others so I can't really [6:13:10] comment on it. But when you [6:13:12] were and you said you were [6:13:14] going to put a lot [6:13:14] of development downtown [6:13:16] san jose. I'm not sure if that [6:13:17] memo addressed that so I would [6:13:20] hope that you would put that in [6:13:22] you also downtown have the 20 [6:13:26] 2040 plan already in place. So [6:13:29] aren't we going to run with [6:13:30] that? >> thank you. Thank you. [6:13:33] next speaker I'm joyce. Last [6:13:36] name starts with an e. Go go [6:13:39] ahead and go up to the [6:13:40] microphone. It looks like [6:13:43] kevin golden winchester [6:13:45] corridor >> arts morris and [6:13:48] kelly irani. Come on down. >> I [6:13:52] urge you to push back to the [6:13:54] state and please represent our [6:13:57] interests. There is a lot [6:13:59] of properties here that aren't [6:14:01] even full. They might be a 20% [6:14:04] capacity and adjacent >> right [6:14:07] next to 280 and winchester. [6:14:10] there's a really big building [6:14:12] and I wonder if it's only 20% [6:14:14] filled and 80% vacant. Why [6:14:17] don't you take all the [6:14:19] buildings that exist and make [6:14:22] sure they're at full capacity [6:14:24] and make sure that at least 50% [6:14:29] of the units are lower? Lower [6:14:33] priced housing and concentrate [6:14:36] things near near where [6:14:39] transportation is. Every [6:14:42] apartment needs to have two [6:14:44] cars. I mean in my 30 year old [6:14:47] daughter is not going to get in [6:14:49] one of your bike lanes down [6:14:51] stevens creek. Thank you. That [6:14:54] your time? Harry neal come on [6:14:56] down, antonio. Deborah newcomb [6:14:59] . Thank you >> mayor and [6:15:01] council members for listening [6:15:02] to all of us. I know it's not [6:15:03] easy with all of us here [6:15:04] tonight but on behalf of the [6:15:06] vpi community association 82, I [6:15:08] urge you to reject this [6:15:09] recommendation and send it back [6:15:11] to the planning department. [6:15:13] council is being asked to make [6:15:14] significant land use changes [6:15:15] based in part on warnings about [6:15:18] decertification builders remedy [6:15:20] and state enforcement. Those [6:15:22] are serious consequences for [6:15:23] sure, but the connection to the [6:15:25] specific proposals need to be [6:15:27] demonstrated and not simply [6:15:29] asserted require staff to [6:15:31] clearly separate what state law [6:15:33] actually mandates from what [6:15:35] represents discretionary policy [6:15:37] choices and if rejecting these [6:15:40] density changes truly puts [6:15:42] san jose at risk [6:15:43] of decertification. Require [6:15:45] staff to provide the specific [6:15:47] legal basis and relevant [6:15:49] precedent along with a complete [6:15:51] analysis of the impacts on [6:15:52] infrastructure displacement, [6:15:54] affordable >> housing and [6:15:56] existing neighborhoods along [6:15:57] with meaningful >> [6:15:58] alternatives. Thank you. >> [6:16:01] next speaker also amy tran, tom [6:16:05] tran, jack lin and ruth [6:16:07] callahan. Come on down. >> hey [6:16:12] mayor. Councilmember michael. [6:16:14] first off, I'm our memories [6:16:16] from the neighborhood and I [6:16:18] foley support michael mulcahy's [6:16:21] recommendations. Why? Well, [6:16:23] come on. He's a genius, right? [6:16:24] we all know that. So san jose. [6:16:28] we're missing the middle, [6:16:31] right? We have single family. [6:16:32] we have tall buildings. The [6:16:33] worse the middle and winchester [6:16:34] corridor has an opportunity to [6:16:37] work with that. And we have [6:16:38] several buildings where if you [6:16:40] make it a mixed use [6:16:41] neighborhood we can build this [6:16:44] middle right and have plenty [6:16:46] of housing which is a win for [6:16:47] san jose. It's a win for the [6:16:49] cary neighborhood and it's a [6:16:50] win for california. So please [6:16:52] stick with his recommendation. [6:16:53] thank you. >> thank you. Next [6:16:55] speaker. Good evening. My name [6:17:00] is kelly aurora. I'm the [6:17:02] director of entitlements for [6:17:03] vici, which is a minority owned [6:17:05] company that is under [6:17:07] construction on two sites on [6:17:09] paige avenue in san jose and [6:17:11] has a couple more in the [6:17:12] building permit process. We'd [6:17:14] like to >> do more. We received [6:17:16] early denial over a year ago [6:17:18] at 826 north winchester. When [6:17:21] councilmember mccain the [6:17:22] balance of the council asked to [6:17:24] study more reasonable [6:17:25] densities, our staff spent a [6:17:27] year doing that with extensive [6:17:30] public outreach and concluded [6:17:33] that winchester corridor is [6:17:35] near transit high grossing [6:17:37] retail and their jobs are staff [6:17:41] studies and made a careful [6:17:43] logical recommendation that we [6:17:45] support. Still if >> you don't [6:17:49] do it here where are you going [6:17:50] to do it? Where are you going [6:17:52] to put the working people where [6:17:55] they can live, work, play and [6:17:56] stay? I think this is it. I [6:17:58] don't think they're evil that [6:18:00] they want to live in apartments [6:18:01] >> and it's that's your time. [6:18:03] thank you. Vests hermanas matt [6:18:10] , I can't read the last name. [6:18:13] it starts with an s and bob [6:18:14] valderrama. Come on >> down. [6:18:17] go >> ahead. Good evening, [6:18:19] mayor. Council members thank [6:18:21] you, staff for your time and [6:18:22] listening to us today. My name [6:18:23] is tom chen. I'm the present [6:18:25] of california small builders [6:18:26] association representing [6:18:28] homebuilders and contract [6:18:29] contractors all across [6:18:30] california. We support the [6:18:32] planning commission's [6:18:33] recommendation for a missing [6:18:34] middle housing. Please maintain [6:18:36] the allowable density of 32 [6:18:38] units an acre citywide to allow [6:18:40] housing without adding new [6:18:41] parking requirements. This [6:18:43] could help us be our housing [6:18:44] needs by creating new starter [6:18:45] homes for first time [6:18:46] homebuyers. As you may know, [6:18:48] san jose has been ranked the [6:18:49] most expensive city to live so [6:18:52] san jose is actually making [6:18:53] great progress on creating new [6:18:54] pathways for homeownership with [6:18:56] the recent 80s sell as you may [6:18:58] have heard that sold to a [6:18:59] contractor. So that's our [6:19:00] working class community that [6:19:02] needs a house right here. They [6:19:04] love to work here. Why can't [6:19:05] they live here? This is finally [6:19:07] the time to create houses for [6:19:08] that. At the same time we need [6:19:10] a way to be scalable model and [6:19:13] then we need transparency is [6:19:14] important for homeowners we [6:19:15] respect the homeowners can as [6:19:17] san jose publish an interactive [6:19:19] map. >> thank you. That's your [6:19:21] time. Next speaker alex shaw. [6:19:25] come on down. Chris sava and [6:19:27] aurelia sanchez. >> evening, [6:19:29] mayor mahan and council [6:19:31] members. I'm solomon. I'm [6:19:32] actually a blossom valley [6:19:34] resident and working father. I [6:19:36] want to raise my family here [6:19:37] and buy a single family home [6:19:39] that I can call home. But for [6:19:41] families like mine that's [6:19:43] increasingly become a bit [6:19:44] harder to afford. That's why I [6:19:46] support missing mental housing [6:19:48] things like townhomes, [6:19:49] duplexes, starter homes. And [6:19:51] while I understand that the [6:19:52] change it's going to be [6:19:53] difficult for a lot of the [6:19:54] existing neighbors. I also [6:19:57] believe that we can work [6:19:57] together to add housing while [6:19:59] respecting the character of the [6:20:00] communities we want san jose to [6:20:02] be a place where anyone could [6:20:04] put down roots. And I hope that [6:20:06] we can find a path that works [6:20:07] for existing residents and all [6:20:08] families trying to find a home. [6:20:10] thank you. Thank you. Next [6:20:12] speaker. >> good evening mayor [6:20:20] and council members. My name is [6:20:22] beth humana's. I grew up in [6:20:26] santa clara county. My family [6:20:27] and friends are still here and [6:20:29] I recently moved back from [6:20:32] central valley. I originally [6:20:35] moved away because owning a [6:20:36] home in san jose was out [6:20:37] of reach. The commute was [6:20:39] difficult but that time moving [6:20:41] away felt like my only [6:20:42] realistic option. That's why I [6:20:45] support the general plan update [6:20:47] and we're missing middle [6:20:48] housing. Please give working [6:20:51] people and first time buyers a [6:20:53] path to homeownership. I hope [6:20:56] san jose becomes a place where [6:20:58] people who grew up and work [6:21:00] here can afford a home without [6:21:02] moving or having to live with [6:21:04] their family or sharing an [6:21:06] apartment. Thank you. >> thank [6:21:10] you. Next >> speaker I have [6:21:11] gary steve and louise luis [6:21:14] kiana >> garcia. After these [6:21:18] three names I'm going to call [6:21:19] the online speakers so I just [6:21:22] want the people who are on zoom [6:21:24] to sort of wake up. Go ahead. [6:21:28] >> hi, my name is bob [6:21:30] valderrama. Thank you honorable [6:21:31] mayor and council for having a [6:21:33] public hearing on this. I love [6:21:36] san jose. I grew up in district [6:21:37] gate and been a homeowner in [6:21:40] district nine for over 40 [6:21:41] years. Single family [6:21:43] neighborhoods are not just part [6:21:45] of the charm, the culture and [6:21:46] the character of san jose. I [6:21:48] would argue that these [6:21:49] neighborhoods are san jose. [6:21:52] okay. I urge you to oppose that [6:21:56] this high density proposal and [6:22:00] just to remind you that most [6:22:01] of the people that voiced their [6:22:03] opinion today did not move to [6:22:05] austin or nashville or florida. [6:22:08] they stayed here their [6:22:09] faithful, their taxpayers [6:22:12] property owners and just want [6:22:14] to be one want to leave [6:22:16] san jose san jose. Vote no [6:22:17] thank you. >> thank you. Next [6:22:19] speaker. Good afternoon. [6:22:26] my name is chris auerbach and [6:22:30] there's a good public policy. [6:22:33] there's bad public policy and [6:22:36] then there's public policy gone [6:22:37] wild. This is public policy [6:22:41] gone wild. This should have [6:22:43] never been brought to the [6:22:44] people. The thing about filling [6:22:46] a middle is right now there's [6:22:49] something in the middle. [6:22:52] there's no hole. There's [6:22:53] something there. If there was a [6:22:55] hole, what you're talking about [6:22:57] today probably makes >> some [6:22:58] sense. But when there is no [6:23:01] hole in the middle. And then [6:23:03] the other expression that uses [6:23:05] up zoning these are cutesy [6:23:08] terms. But what we're really [6:23:10] doing is saying density and [6:23:13] what's density? That's where [6:23:16] you build probably up right? [6:23:19] and you have to have services [6:23:20] and stuff. But the real issue [6:23:22] here with housing and stuff [6:23:24] like that is the price [6:23:26] of housing. >> that's your [6:23:28] time. The next speaker we're [6:23:40] losing the >> housing battle in [6:23:42] san jose. We are way behind >> [6:23:45] the scenes of this housing [6:23:46] crisis were sown over 50 years [6:23:49] ago when san jose became a city [6:23:51] of mostly single family homes [6:23:53] reliant on driving. We >> went [6:23:55] too far in one direction. Now [6:23:57] we need a rebalancing >> so [6:23:59] everyone can afford to live [6:24:00] here. The only moral way we do [6:24:03] this is denser neighborhoods. [6:24:06] the only >> fair way to do it [6:24:08] is along racial and class lines [6:24:10] is multistory housing [6:24:11] throughout san jose. And the [6:24:14] best way to do that emphasize [6:24:15] walking, biking and public [6:24:16] transit without parking [6:24:19] mandates. I love neighborhood [6:24:21] commercial at the >> end [6:24:22] of blocks in the command to [6:24:23] videos memo. That's a wonderful [6:24:26] idea and I hope it's something [6:24:28] we can pursue. Thank you for [6:24:30] staff for your work on this [6:24:32] issue. Thanks council for your [6:24:34] consideration. Thank you. Next [6:24:36] speaker. >> by the wages where [6:24:42] is that high speed rail? You [6:24:46] know the it's got to be said. [6:24:48] the state legislature in [6:24:49] sacramento is out of control. [6:24:52] it's got to be said it's out [6:24:53] of control. So why have a [6:24:56] planning department? If we're [6:24:57] taking zoning orders from [6:25:00] sacramento. So this proposal >> [6:25:04] is crazy. Don't accept it. [6:25:06] don't approve it. Throw it out. [6:25:09] throw it out with the garbage, [6:25:11] not the recycling stuff. So it [6:25:12] comes back next year or the [6:25:14] year after. You all need >> to [6:25:18] go on garbage night and drive [6:25:19] through your neighborhoods and [6:25:21] other neighborhoods and see the [6:25:23] trouble people have even [6:25:25] fitting their garbage cans on [6:25:27] the street. A lot of people [6:25:29] can't even park in front [6:25:31] of their own houses especially [6:25:33] in a lot of the older areas. [6:25:35] think about that. That's right. [6:25:36] now that's not with 32 units on [6:25:39] this side, 32 units on that [6:25:41] side which is thank >> you that [6:25:44] your time. Next speaker after [6:25:47] this in-person speaker I'm [6:25:48] going to call amy online [6:25:50] followed by rene george, pam [6:25:53] and cathy. So amy, rene george, [6:25:55] pam and cathy, get ready. [6:25:57] go ahead. >> hi, my name is [6:25:59] lucien garcia and I grew up [6:26:01] here in san jose in the east [6:26:02] side. And as someone who [6:26:04] commutes three hours every day [6:26:06] to san francisco and still [6:26:08] decide to live here, it's [6:26:10] really disheartening to hear [6:26:11] how many homeowners who I would [6:26:13] one day would love to be don't [6:26:15] want more housing >> to be [6:26:16] built. I am commuting three [6:26:18] hours a day to save up for what [6:26:20] if there is no housing I will [6:26:21] not be able to live here. Once [6:26:23] I am able to afford a home. And [6:26:25] as someone who grew up here [6:26:26] it's very disheartening if [6:26:27] there is >> no more housing [6:26:28] built but responsibly along [6:26:31] rapid transit which is what I [6:26:32] do use a 66 bus and then the [6:26:35] bart for an hour and 20 minutes [6:26:37] one way. So please be [6:26:40] responsible about how housing [6:26:42] >> is built but it needs to be [6:26:44] built or else people that love [6:26:45] san jose will not get >> to [6:26:47] live here. Thank you amy. >> [6:26:55] good evening mayor and council [6:26:56] members. My name is amy cody [6:26:57] and I'm a resident of the [6:26:58] moreland west neighborhood in [6:27:00] district one. I support smart [6:27:02] responsible growth across our [6:27:04] city from our downtown to our [6:27:06] neighborhoods. That said, I'm [6:27:08] very concerned about the [6:27:09] proposed general plan update [6:27:11] and its unintended irreversible [6:27:13] consequences on our residential [6:27:15] neighborhoods. West san jose [6:27:17] and other areas lack the robust [6:27:18] transit infrastructure to [6:27:20] support zero parking [6:27:21] developments and our working [6:27:23] families and seniors depend on [6:27:25] their vehicles. A lack [6:27:27] of street space already forces [6:27:29] my neighbors in duplexes [6:27:30] triplexes and other small [6:27:32] multifamily properties to park [6:27:34] in their yards across sidewalks [6:27:36] or far away and to place [6:27:38] garbage and recycling bins in [6:27:40] bike lanes creating safety [6:27:41] hazards. Please support the [6:27:43] mayor's memo. At the least we [6:27:45] need onsite parking [6:27:46] requirements where possible and [6:27:49] to ensure that total unit [6:27:50] counts include ada use. And [6:27:52] finally I agree with previous [6:27:53] speakers that these major land [6:27:56] use changes require more public [6:27:58] outreach. >> renee. >> the [6:28:04] missing middle proposal gives [6:28:05] the middle finger to single [6:28:06] family homeowners. Save our [6:28:07] residential single family homes [6:28:09] and residential neighborhoods [6:28:10] and vote no on this proposal. [6:28:12] this plan threatens single [6:28:13] family homes because developers [6:28:14] will buy and outbid potential [6:28:16] homebuyers only to convert them [6:28:18] to single family only to [6:28:19] convert them to the most [6:28:21] allowable number of units on [6:28:23] that parcel. The planning [6:28:25] commission should be working [6:28:26] for city residents and not [6:28:27] developers. If councilmembers [6:28:29] have received political [6:28:30] donations from developers they [6:28:31] should let it be known before [6:28:32] voting today. If councilmembers [6:28:35] actually support this I'll take [6:28:36] you on the ride along and show [6:28:37] you what the future holds. I'll [6:28:39] show you traffic cones, trash [6:28:41] cans and furniture that people [6:28:42] use daily to save their parking [6:28:44] spots. It occurs in san jose. [6:28:46] and this is going to start [6:28:47] occurring everywhere else. If [6:28:48] you vote yes, george followed [6:28:53] by pam george. If you're on [6:29:02] your phone it's star six to [6:29:03] unmute. Okay moving on to pam [6:29:11] followed by kathy. >> hello. [6:29:20] can you hear me now? Yes. Yes. [6:29:22] I am urging you to vote no [6:29:24] along with almost all of the [6:29:25] comments here today as well as [6:29:26] the 12 packets of comments [6:29:28] online. What is being proposed [6:29:30] will fundamentally change the [6:29:32] neighborhoods of san jose and [6:29:34] there is only enriched [6:29:35] developers while just [6:29:36] increasing the overall quality [6:29:37] of life. I support responsible [6:29:40] housing development in san jose [6:29:41] but san jose established [6:29:45] neighborhoods are an important [6:29:46] part of that and I have lived [6:29:48] here for over 40 years and as a [6:29:49] d9 resident who purchased a [6:29:51] home in a single family [6:29:52] neighborhood years ago to raise [6:29:54] my children, I did so with the [6:29:55] expectation about the [6:29:56] surrounding land use framework. [6:29:58] I'm particularly concerned [6:30:00] about policies that would allow [6:30:01] greater density on individual [6:30:02] lots throughout single family [6:30:03] neighbors without adequately [6:30:05] considering the cumulative [6:30:06] impact on neighborhood [6:30:07] character traffic parking [6:30:09] infrastructure, privacy trees [6:30:11] and especially the scale [6:30:12] of possible buildings in [6:30:14] relation to existing homes. [6:30:16] there's a big difference [6:30:17] between allowing new forms [6:30:18] of homes and changing the [6:30:19] fundamental zoning [6:30:21] expectations. Kathy >> followed [6:30:24] by robert reese. Kathy at star [6:30:33] six on mute if you're on your [6:30:34] phone. I oppose this proposal. [6:30:39] it would affect one want [6:30:40] privacy would be impacted crime [6:30:42] will increase the area will be [6:30:45] noise zero that wants peace [6:30:47] of mind and it will deteriorate [6:30:49] the neighborhood. I agree that [6:30:51] san jose needs more housing but [6:30:53] please consider using empty [6:30:56] tech or commercial buildings [6:30:58] like whatsapp and cisco's doing [6:31:00] for apartments. Okay robert [6:31:07] followed by michael wing. [6:31:14] hello, my name is >> robert [6:31:16] reese. I live in evergreen. I [6:31:17] support the memo by council [6:31:19] members candela smoke and or [6:31:21] keys. I'd like to remind the [6:31:23] council that when you embarked [6:31:25] on the update to the general [6:31:27] plan a year and a half ago you [6:31:29] explicitly along with staff [6:31:31] said that the limitations would [6:31:33] include excluding the high vmt [6:31:35] areas. So it's sort of odd now [6:31:38] a year and a half later to find [6:31:39] out that there's a problem with [6:31:41] excluding the vmt areas [6:31:43] evergreen hazardous portion [6:31:45] amount of pd zone lands and [6:31:48] area plants like the evergreen [6:31:49] village square. So essentially [6:31:51] what we're talking about doing [6:31:53] is re subdividing existing [6:31:55] pods. My particular [6:31:56] circumstances I live in a [6:31:59] neighborhood with high fire [6:32:00] risk skinny streets no [6:32:01] sidewalks, limited ingress and [6:32:03] egress. I'm already on a small [6:32:05] lot. I also find it strange [6:32:08] that the oecd would be saying [6:32:10] that the 16 unit breakers is [6:32:12] inadequate when they're [6:32:12] allowing the west side cities [6:32:15] to not. >> thank you michael [6:32:18] wang followed by pierluigi. [6:32:22] hello >> my name's michael [6:32:24] wang. News flash. Our [6:32:27] neighborhoods are already being [6:32:28] destroyed and now by housing [6:32:32] prices are rising prices are [6:32:34] also the product of years [6:32:36] of careful planning. The phrase [6:32:38] the purpose of a system is what [6:32:40] it does comes to mind. As a [6:32:42] recent college graduate I still [6:32:43] live with my parents. Our [6:32:45] schools are closing now. [6:32:47] housing costs are through the [6:32:48] roof. This is sound like a [6:32:50] system we want to keep or when [6:32:53] we want to change. To everyone [6:32:56] saying this >> won't activate [6:32:57] builders already the amount [6:32:59] of units built by the city are [6:33:01] assessed in way through the [6:33:03] housing >> cycle. This will [6:33:04] help make up enough buffer to [6:33:08] make sure >> that we don't [6:33:09] activate it. Thank you. >> [6:33:13] thank you pierluigi. Followed [6:33:15] by blair. Npr recently reported [6:33:21] no city >> is making the [6:33:23] housing numbers in the state [6:33:25] of california albeit >> for a [6:33:27] few small rural areas. Next [6:33:29] year california will have a new [6:33:30] governor not running for [6:33:31] present. And a new cd cd. [6:33:34] director h.c. The numbers are [6:33:37] ridiculous and unattainable. [6:33:39] the state auditor's report [6:33:40] of cd showed a lack of review [6:33:41] matrices and sloppy data [6:33:43] processes regarding suggestive [6:33:45] versus mandatory language in [6:33:47] their findings. A discretionary [6:33:49] decision tonight regarding [6:33:51] single family neighborhoods [6:33:52] would lose the trust of san [6:33:54] jose residents. Please drop [6:33:56] this and stay with the current [6:33:57] general plan that already [6:33:58] accommodates hundreds [6:34:00] of thousands increase in [6:34:01] population and allows the [6:34:03] countless new state laws to [6:34:04] take their course which are [6:34:06] excessive and whose impact will [6:34:08] be massive. Thank you to all [6:34:09] the sounds of residents who [6:34:10] came to their first city [6:34:11] council meeting tonight. [6:34:12] speaking without lobbyists [6:34:14] public hearings or a best [6:34:15] practice in the usa. Don't [6:34:17] experiment. Instead put it on [6:34:18] the ballot. >> thank you, [6:34:21] blair. Followed by marie glee. [6:34:26] hi, I'm blair beekman. Living [6:34:28] in san diego, the past four [6:34:29] years they've done some really [6:34:31] great work with >> past pap is [6:34:34] finding homes for low income [6:34:36] people. It's been a real [6:34:37] success story that I know path [6:34:39] works in san jose that I hope [6:34:42] we can be talking about how to [6:34:43] be housing low income people. [6:34:45] I've been talking for years [6:34:47] about mixed income ideas that [6:34:49] don't necessarily have to work [6:34:51] with >> you know, multifamily [6:34:53] housing and missing middle [6:34:57] things. It can work for single [6:34:58] family homes as well in [6:35:00] neighborhoods >> sharing [6:35:02] community wealth and income in [6:35:04] neighborhoods I think is an [6:35:05] important goal that we have to [6:35:07] be better learning. And that [6:35:08] was mentioned by one of the [6:35:09] first public speakers today. [6:35:10] thank you for that. Good luck [6:35:13] in addressing such issues. And [6:35:15] good luck in working on tech [6:35:16] accountability for our future [6:35:18] neighborhood public safety as [6:35:19] well. Thank you. >> thank you, [6:35:22] maria. Glee followed by roland. [6:35:26] >> hi, my name is mira and I [6:35:31] just recently bought a home in [6:35:32] district three and prior to [6:35:34] this had been renting and [6:35:35] willow glen. This was my first [6:35:37] home purchase and >> it cost [6:35:39] me an arm and a leg but was [6:35:41] worth it because I love this [6:35:43] city and when I actually save [6:35:45] up enough I may even be able to [6:35:47] start a family here. Please do [6:35:49] not >> sacrifice city [6:35:50] affordability and the future [6:35:52] of the youth for parking. I do [6:35:56] not want it to be this hard >> [6:35:57] to afford living in san jose. I [6:35:59] worry about the affordability [6:36:00] of the city for current and [6:36:01] future generations. The best [6:36:03] way to reduce the costs of rent [6:36:05] and living is building more [6:36:06] housing stock and I would [6:36:07] support this even if it would [6:36:08] mean developing a high rise [6:36:10] right next to me. I want [6:36:12] my family to live in a vibrant [6:36:13] community of residents both old [6:36:15] and new that can afford to live [6:36:18] in san jose. Please vote yes. [6:36:21] thank you. Thank you, roland [6:36:24] followed by dana murphy. >> and [6:36:29] good evening. My name is roland [6:36:30] o'brien. My family and I have [6:36:33] lived near the santa teresa [6:36:34] library station for over 40 [6:36:36] years. Please support the view [6:36:39] request to rezone these 32 [6:36:41] acres back to the original [6:36:43] mixed use housing zoning which [6:36:45] has moved to the other side [6:36:46] of the for you of highway 87 to [6:36:49] increase the value of blue [6:36:51] wolves. I stop also by $100 [6:36:53] million to finance those great [6:36:56] stadia near the airport. Next I [6:36:59] am strongly opposed to the [6:37:00] demolition of two schools and [6:37:02] one church. The other view [6:37:04] light rail to make room for [6:37:06] affordable housing. The soon to [6:37:08] be 79. And finally last but not [6:37:11] least I hope you value us all [6:37:13] for 80,000. I repeat 80,000 [6:37:17] homes 30 years ago. Please [6:37:19] consider rezoning sections [6:37:20] of coyote valley for mixed use [6:37:22] open space. Thank you >> dana [6:37:27] followed by dan cortez. >> hi, [6:37:31] my name is dana. I live in [6:37:32] district three and recently [6:37:34] bought my first home in bonita [6:37:35] park. I want to live in a city [6:37:37] that is vibrant and affordable [6:37:39] and that comes from plans like [6:37:41] approving to increase density. [6:37:43] please build next to me. Please [6:37:44] build around me please build up [6:37:46] around the city it cost me >> [6:37:49] about everything to afford a [6:37:51] home here >> and but I love [6:37:53] living in san jose. Please vote [6:37:57] yes on the missing middle [6:37:58] housing plan to raise the [6:37:59] minimum to at least 32 dwelling [6:38:01] units per acre. Thank you very [6:38:03] much. Thank you dan followed by [6:38:05] delma. Good evening. Born and [6:38:11] raised here in san jose. I'm a [6:38:12] 47 year resident of p6. We [6:38:15] raised a good family here, [6:38:16] bought a nice home here. I am [6:38:18] here this evening to express [6:38:20] my strong opposition to this [6:38:21] high density proposal in our [6:38:23] neighborhoods. While I [6:38:24] understand the need for [6:38:25] affordable housing in our city, [6:38:27] there is no such thing as [6:38:28] affordable housing in silicon [6:38:29] valley. It is a misnomer. I [6:38:32] believe that these projects [6:38:33] would have a detrimental impact [6:38:35] on our community. This is not [6:38:37] what I envisioned when I [6:38:38] purchased our homes here. [6:38:40] furthermore, the type [6:38:41] of housing development that's [6:38:44] being proposed is simply not [6:38:45] the neighborhood's. Please. We [6:38:48] think this. I urge you to [6:38:50] reconsider this proposal. I [6:38:51] believe that this proposal is [6:38:52] simply not the right fit for [6:38:53] our neighborhood. Your [6:38:55] neighborhood? This is not a [6:38:56] well thought out plan. This is [6:38:58] a blurred vision. I implore you [6:39:00] to vote no. Thank you. >> thank [6:39:04] you. Delma followed by mansour. [6:39:08] >> hi. Good evening. This is [6:39:12] thelma. I. I lived in district [6:39:16] five for 27 years. I support [6:39:18] allowing muslim missing middle [6:39:20] class. My goodness. Missing [6:39:23] middle housing in all [6:39:24] residential neighborhoods with [6:39:26] densities of up to 32 units per [6:39:29] acre. We urgently need more [6:39:31] affordable homes. We should we [6:39:34] should make better use of the [6:39:36] infrastructure we already have. [6:39:38] I also support making it easier [6:39:40] for school districts and faith [6:39:41] communities to build affordable [6:39:44] housing on our land and oppose [6:39:46] adding new parking requirements [6:39:49] that make housing harder to [6:39:50] build. At the same time, I also [6:39:53] urge the council to take [6:39:53] careful approach to the growth [6:39:55] of aa data centers and consider [6:39:57] their impacts on water, [6:39:59] electricity, infrastructure, [6:40:00] air quality, greenhouse gas [6:40:02] emissions. We use strong [6:40:04] enforceable standards and [6:40:06] meaningful community input [6:40:09] before allowing this growth to [6:40:10] continue unchecked. Thank you [6:40:14] mansoor followed by bedwell. [6:40:20] mansoor nasser. >> yeah. Higher [6:40:24] density doesn't result in [6:40:27] reduced prices. Look at london, [6:40:29] new york. Singapore, chicago. [6:40:32] rome. Madrid. Hong kong. To [6:40:35] name a few. The environmental [6:40:38] analysis and final [6:40:40] recommendations won't be [6:40:41] available until december 2027. [6:40:45] while I approve the framework [6:40:46] now and study the consequences [6:40:50] later. Please do not ruin a [6:40:53] great city and call it [6:40:55] progress. Thank you. >> thank [6:40:58] you. Manuel followed by j.r.. [6:41:03] >> hi. Good evening, mayor and [6:41:07] council. And there's been no [6:41:08] set aside. I'm promising [6:41:09] at home I live in district four [6:41:11] and I just want to call in to [6:41:12] support increasing residential [6:41:14] neighborhood densities to 30 [6:41:15] minutes per acre to support the [6:41:17] development of missing middle [6:41:18] housing from the charges and [6:41:20] committee memo. You know we [6:41:21] support increasing height [6:41:22] limits for middle houses [6:41:23] surrounding transit areas. And [6:41:25] then from the mayor's brown act [6:41:26] memo we support recommendations [6:41:27] where the need to pick up [6:41:28] lands. Also we oppose adding [6:41:31] new parking requires two [6:41:32] elements I think there's enough [6:41:34] parking to go around and in [6:41:35] certain districts seems to be [6:41:36] over part but there's means [6:41:38] of developing that that still [6:41:40] allow for the development [6:41:42] of high density housing in [6:41:43] certain regions of the city. So [6:41:45] that said, thank you for your [6:41:47] time and good luck with [6:41:49] everyone else's comments. >> [6:41:51] thank you, j.r. Followed by [6:41:53] teresa doerr. >> and evening [6:41:59] council I'm speaking in support [6:42:00] of council members command [6:42:01] tordillos memo hold the line on [6:42:04] no parking minimums don't undo [6:42:06] what the city already [6:42:07] got right. No more winchester [6:42:09] style carve outs for whoever [6:42:11] shows up and is the loudest [6:42:12] voice. I love the idea [6:42:14] of corner shops and bodegas. [6:42:16] let's be clear about why I'm [6:42:17] able to call in tonight. [6:42:19] san jose didn't restore remote [6:42:21] public comment out of goodwill [6:42:22] state law forced the city's [6:42:24] hand through sb 707 to bring [6:42:26] equity back to public [6:42:27] participation for years this [6:42:29] chamber has been dominated by [6:42:31] wealthy homeowners as we're [6:42:32] seeing tonight from districts [6:42:34] six, nine and ten with the [6:42:37] luxury of child care flexible [6:42:39] jobs and hours to sit here on a [6:42:41] weekday. It isn't civic virtue [6:42:43] it's privilege. Meanwhile, the [6:42:45] renters and working families [6:42:46] hit hardest by this housing [6:42:48] crisis are stuck in work, [6:42:50] at work in traffic or taking [6:42:52] care of their kids as the [6:42:54] campaign toward deals memo and [6:42:56] prioritizes housing over [6:42:57] parking thank you. >> thank you [6:43:01] teresa doerr followed by toni [6:43:10] there will be going to city [6:43:13] council members I am a [6:43:26] teresa I'm going to remove your [6:43:29] person to speak go ahead and [6:43:30] put your hand back up once you [6:43:31] get your audio fixed toni [6:43:34] followed by nathaniel mayor and [6:43:42] council movement for council I [6:43:47] beg you beg you to please vote [6:43:50] no on this. I have been in [6:43:53] my home for 47 years in [6:43:55] district nine. I pray every [6:43:59] time a house is sold on [6:44:00] my block that they don't put a [6:44:02] big gigantic thing and to have [6:44:04] 32 units next to me would just [6:44:07] totally I would leave and [6:44:09] that's what I think is going to [6:44:10] happen is you're going to have [6:44:11] more and more people leave this [6:44:14] that have worked hard and been [6:44:15] in their homes for a long time. [6:44:17] there are places there are [6:44:18] buildings that are out there [6:44:19] that have nothing in the use [6:44:21] those for your high density I, [6:44:23] I totally totally believe that [6:44:26] we need to have affordable [6:44:27] housing but I don't think it's [6:44:28] going to happen even if you do [6:44:30] do the high density because [6:44:32] it's become ridiculous as with [6:44:33] the tech companies and the [6:44:35] wages that people are making [6:44:36] here so please please vote no [6:44:41] thank you nathaniel followed by [6:44:42] sandy. >> good evening. My name [6:44:47] is nathaniel and I've lived in [6:44:50] santa clara county for most [6:44:51] of my life and I'm here in [6:44:53] support of the missing middle [6:44:55] housing proposal. And I just [6:44:57] wanted to mention that I feel [6:44:58] like the a lot of this public [6:45:00] comment has come from like an [6:45:02] echo chamber of existing [6:45:03] homeowners. These are these are [6:45:06] people who have a home and who [6:45:07] are worried about how this is [6:45:08] going to affect their [6:45:09] neighborhood. And that's [6:45:11] understandable. But I also [6:45:14] wanted to mention that I feel [6:45:15] that right now there are [6:45:16] thousands of working families [6:45:18] in the city who are severely [6:45:19] burdened by housing costs [6:45:21] paying half their income in [6:45:22] rent, doubling up with [6:45:23] relatives or leaving that [6:45:24] region entirely and then and [6:45:28] missing middle housing is like [6:45:29] one step in the right [6:45:30] direction. So I just I'm asking [6:45:32] for you guys to please vote yes [6:45:33] on it. Thank you. >> thank you, [6:45:38] sandy followed by gorman [6:45:51] . Good >> evening mayor and [6:45:52] council members. I request that [6:45:55] you reject this city missing [6:45:57] middle proposal. Why? It just [6:46:00] makes absolute lutely no sense [6:46:02] at all. No parking space [6:46:04] minimums by right development [6:46:06] up to 32 homes on a current [6:46:08] single family lot and the list [6:46:11] goes on and on and on. I don't [6:46:14] think anyone is objecting to [6:46:16] more housing but what we are [6:46:18] objecting to is the increase [6:46:20] density and the density in [6:46:23] existing single family [6:46:25] neighborhoods. I asked that [6:46:27] before a vote is taken this [6:46:29] evening by council you do two [6:46:31] things and share that [6:46:33] information with the auditorium [6:46:36] and those online a tally for [6:46:39] the for and against written [6:46:41] comments. And I sure hope you [6:46:43] read them and a tally for the [6:46:46] for and against verbal [6:46:47] testimonies tonight think about [6:46:51] those numbers and the con >> [6:46:53] thank you gorman followed by [6:46:55] kenneth. >> >> hello city [6:47:00] council I want you to remember [6:47:03] you're on video we can see you [6:47:05] on your phones because you've [6:47:07] probably lost interest of all [6:47:09] these people giving their [6:47:11] opinions. I've also been here [6:47:14] since 130 and I'm very [6:47:16] passionate about rejecting [6:47:18] this. All of this as the [6:47:20] members of our city. This is [6:47:22] not a state requirement. This [6:47:25] is you this city who want to [6:47:27] take away the homes that we [6:47:30] paid for that we've worked for. [6:47:33] and if you if you listen >> to [6:47:35] the vast majority of the people [6:47:37] that are against it are [6:47:39] developers and real estate [6:47:41] agents because they're going to [6:47:42] be making millions off of the [6:47:45] backs of the people that made [6:47:47] san jose a desirable [6:47:49] neighborhood to live in. Okay. [6:47:54] thank you kenneth followed by [6:47:56] george kenneth kay >> I'm going [6:48:09] to move on. George followed by [6:48:10] jake after >> jake will be [6:48:16] sarina to george okay. Jake [6:48:25] followed by serena and after [6:48:27] serena we're back to teresa. [6:48:31] I'm here. When I heard about [6:48:32] this up zoning, I thought it [6:48:34] was honestly some trump [6:48:36] corrupts real estate developer [6:48:38] written proposal not our local [6:48:40] city council on development [6:48:42] planning board. I mean I hear [6:48:45] people say they want lower [6:48:46] housing, more affordability. I [6:48:48] totally understand that but [6:48:49] that's not what this is going [6:48:50] to do. When you go to buy a [6:48:52] house you're a first time [6:48:53] buyer. It's going to get bought [6:48:54] by a real estate developer. [6:48:55] they're going to outbid you [6:48:56] because they have more money [6:48:57] than you and then they're going [6:48:59] to take it and they're going to [6:48:59] build a bunch of houses on it. [6:49:01] they're going to sell it for [6:49:01] millions of dollars. They're [6:49:02] not buying them to lose money. [6:49:04] they're buying them to make [6:49:05] money. We're also one of the [6:49:06] places that it's the most [6:49:07] expensive to build as well. [6:49:09] that's why home prices are [6:49:10] super high as they are right [6:49:12] now. So I definitely urge you [6:49:14] guys as somebody that's in real [6:49:15] estate to vote no it's going to [6:49:16] hurt the city, not help it's [6:49:18] going to kill our [6:49:19] neighborhoods. Thank you. Thank [6:49:21] >> you, serena followed by [6:49:24] theresa doe hello. My name is [6:49:29] serena wu and I recently bought [6:49:30] a duplex with friends in [6:49:32] district three. I support [6:49:33] increasing housing density in [6:49:35] san jose to at least 32 [6:49:36] dwelling units per acre because [6:49:37] it's clear to me from [6:49:38] my experience in the current [6:49:39] housing market how difficult it [6:49:41] is to find affordable housing [6:49:42] in san jose and our need for [6:49:44] additional housing to meet our [6:49:46] housing goals has been an issue [6:49:47] for years already housing [6:49:48] density does not increase [6:49:50] overnight after rezoning [6:49:51] according to the city's general [6:49:53] four year plan, the city needs [6:49:54] 55 dwelling units per acre to [6:49:56] break even in terms [6:49:57] of providing the services the [6:49:59] people living there get. So an [6:50:00] increase to 32 dwelling units [6:50:02] per acre is only part of what [6:50:03] we need. I do not want a [6:50:05] crumbling san jose 30 years [6:50:06] from now. We need action now to [6:50:08] build towards a future that [6:50:09] supports the generations to [6:50:11] come. We need to vote yes on [6:50:12] little missing and missing [6:50:14] middle housing. Thank you. [6:50:16] thank you >> theresa. Theresa, [6:50:26] there is something you're not [6:50:27] you're microphone isn't showing [6:50:29] up at all so I think you are [6:50:31] still having audio problems. [6:50:33] caller 5140 please press star [6:50:35] six to unmute. Okay go ahead. [6:50:46] we can hear you. >> oh thank [6:50:48] you. Oh thank you. Great. Yeah [6:50:50] I think you guys need to reject [6:50:51] this. It's not going to work if [6:50:54] you don't have enough laborers [6:50:56] that you to do the work. The [6:50:58] building materials are super [6:50:59] expensive and I want anyone to [6:51:02] raise their hand there [6:51:03] including the city council. If [6:51:04] they took mass transit to even [6:51:05] get there today where they have [6:51:07] a great public transportation [6:51:09] connect they don't have. So [6:51:12] it's very important to not ruin [6:51:14] the neighborhood people who [6:51:16] have lived there for for a [6:51:17] while of what >> it's the same [6:51:22] person who is in person. Thank [6:51:23] you. Yeah. You can't go home [6:51:26] and raise your hand again, john [6:51:29] followed by george >> and john [6:51:45] kate george followed by [6:51:46] kenneth. Can you hear me okay? [6:52:00] you >> I took your permission [6:52:02] away because you're having a [6:52:04] really, really big feedback on [6:52:06] your microphone so try to fix [6:52:09] your audio. We're going to [6:52:10] go to kenneth followed by pm. [6:52:13] >> good evening. Can you hear [6:52:17] me? Yes, yes. Hi, I'm kenneth. [6:52:20] kenneth, have you ever saw [6:52:21] this? I live in district three. [6:52:23] I support >> enabling the [6:52:24] development of missing middle [6:52:25] housing in all residential [6:52:27] neighborhoods >> by increasing [6:52:28] density to 32 units per acre. [6:52:31] this will help create much [6:52:33] needed more affordable homes in [6:52:35] san jose make smart strategic [6:52:36] use of our existing [6:52:38] infrastructure and reduce [6:52:39] greenhouse gas emissions by [6:52:41] letting people live closer to [6:52:42] where they live work I [6:52:44] encourage the council to take [6:52:45] this necessary step in keeping [6:52:47] with the city's housing element [6:52:48] commitment. I support removing [6:52:50] barriers including general plan [6:52:52] amendments for school districts [6:52:54] and faith communities that are [6:52:55] zoned pcp to build affordable [6:52:57] housing and other communities [6:52:59] serving uses on their land. I [6:53:01] oppose adding new parking [6:53:03] requirements or limiting the [6:53:04] parts of a city where middle [6:53:07] housing could be built. We need [6:53:09] it in every neighborhood. Thank [6:53:11] you so much. I yield my time. [6:53:15] thank you. P m followed by [6:53:19] chris hi. Thank you for [6:53:22] allowing me to address the [6:53:23] council. I was actually there [6:53:25] in person for several hours [6:53:26] today. However I have young [6:53:28] children and had to go and get [6:53:30] them to not take mass transit [6:53:33] because that would have been [6:53:33] impossible to pick them up that [6:53:35] school and get where they need [6:53:36] to be and soccer and I'm [6:53:38] sitting out here in the car [6:53:39] waiting for my daughter to end [6:53:40] her dance class so in general [6:53:44] there's a big difference [6:53:44] between allowing more housing [6:53:47] and changing the underlying [6:53:48] zoning expectations and I don't [6:53:50] know if any of you have driven [6:53:51] down bascom but all the new [6:53:52] apartments here and there's a [6:53:53] lot of vailable you know, [6:53:55] studios are starting at over [6:53:56] $3,000 so I'm really not sure [6:53:58] what's being proposed is going [6:54:00] to make things affordable. It's [6:54:02] just going to add new problems [6:54:04] and I think not solve what [6:54:06] we're ultimately trying to get [6:54:07] to here. So please I fear that [6:54:09] there's no going back if this [6:54:11] passes and I would like to see [6:54:12] a no vote. I yield my time. [6:54:15] thank you. Chris followed by [6:54:19] john I >> just like to speak in [6:54:23] favor of the missing as missing [6:54:26] middle proposal and ask the [6:54:28] council to vote yes. There are [6:54:30] a lot of other comments I just [6:54:31] want to I'm not a developer. [6:54:32] I'm a resident and I think a [6:54:35] lot of the comments sort [6:54:36] of like to highlight that [6:54:38] provides a lot of goes a long [6:54:40] ways to providing more housing [6:54:42] which is sorely needed and and [6:54:46] basically I think more housing [6:54:47] supply will help bring down the [6:54:48] the cost of housing and make [6:54:49] more housing available. There's [6:54:52] a meter across island saying [6:54:53] thank you >> thank >> you john [6:54:57] followed by teresa after teresa [6:54:59] I'm going to close now regina [6:55:01] just put her hand up after [6:55:02] regina. I'm going to close [6:55:04] online comments. I'm going to [6:55:06] call the last couple of names [6:55:07] of in-person okay, john, [6:55:11] go ahead. >> hi, this is john [6:55:14] hessler. I'm the vice present [6:55:15] of the center teresa foothills [6:55:16] neighborhood association. We [6:55:18] represent over 4200 homes in [6:55:21] the south san jose area and our [6:55:23] board of directors is [6:55:24] unanimously and strongly [6:55:26] opposed to the missing middle [6:55:28] proposal. We note that the [6:55:31] missing middle proposal [6:55:32] directly violates and [6:55:34] undermines a key principle [6:55:36] of the existing san jose [6:55:37] general plan known as major [6:55:40] strategy number three which [6:55:43] talks about keeping growth in [6:55:46] identified growth areas and [6:55:47] strictly limiting new [6:55:49] residential development through [6:55:51] neighborhood infill outside [6:55:52] of those growth areas to quote [6:55:54] preserve and enhance the [6:55:56] quality of established [6:55:58] neighborhoods. Thank you. Thank [6:56:02] you, teresa. Let's try one more [6:56:03] time and followed by regina can [6:56:08] you hear me? Yes. Good evening [6:56:10] . May or may han and >> council [6:56:11] members I'm a resident [6:56:13] of district six. I'm speaking [6:56:14] on behalf of over 1000 members [6:56:16] of san jose yimby we appreciate [6:56:17] the work you're doing to guide [6:56:18] san jose's future and we're [6:56:19] supportive of the direction [6:56:20] staff has taken. However, we're [6:56:22] concerned that reducing plan [6:56:23] density and reinstating parking [6:56:25] minimums in key neighborhoods [6:56:26] will limit the city's ability [6:56:27] to respond effectively to our [6:56:29] housing crisis. These areas [6:56:30] were selected because they have [6:56:32] strong infrastructure, good [6:56:34] transit access and existing [6:56:35] parking capacity, adding new [6:56:37] parking requirements or slowing [6:56:38] density makes housing more [6:56:39] expensive to build and reduces [6:56:41] the home number of homes we can [6:56:42] create where they make the most [6:56:44] sense if we miss these [6:56:45] opportunities. San jose loses [6:56:47] critical housing capacity this [6:56:48] affects people who keep our [6:56:50] city running firefighters, [6:56:51] teachers, nurses and other [6:56:53] essential workers who already [6:56:54] face long commutes. It affects [6:56:55] families trying to stay near [6:56:57] loved ones seniors on fixed [6:56:59] incomes who risked displacement [6:57:01] and the next generation of tech [6:57:02] workers who may choose other [6:57:03] regions if they cannot afford [6:57:04] to live here. San jose must [6:57:06] build the housing needed for [6:57:07] both today and tomorrow [6:57:08] policies that key thank >> you [6:57:10] regina. After regina it will be [6:57:12] debbie, debra and ted in [6:57:14] person. So debbie, debbie and [6:57:17] ted you can make your way down. [6:57:19] regina go ahead. Good evening. [6:57:23] my name is regina celeste in [6:57:24] williams and I'm the executive [6:57:25] director of sba at home and a [6:57:28] district three resident. I'm [6:57:30] really excited about the staff [6:57:32] recommendations because we are [6:57:33] sba at home support increasing [6:57:35] residential neighborhood [6:57:36] densities to 32 units per acre. [6:57:40] we want to support the [6:57:42] development of more housing [6:57:43] especially neighborhood scale [6:57:45] housing which can create much [6:57:47] needed affordable homes in [6:57:49] san jose and we encourage [6:57:51] council to really support [6:57:54] building more housing in this [6:57:56] city where people are looking [6:57:58] for more affordability from the [6:58:00] tordillos and campaign memo we [6:58:03] support increased height limits [6:58:05] for middle housing surrounding [6:58:07] transit areas and from the [6:58:09] mayor's brownback memo we [6:58:11] support the recommendations [6:58:12] related to pickup. We're very [6:58:14] excited about those [6:58:15] recommendations and we oppose [6:58:18] adding new parking requirement [6:58:20] to developments. Thank you. [6:58:23] thank you. Next speaker. >> [6:58:29] good evening mayor and council [6:58:31] members. And it's been a long [6:58:32] day. As a neighbor resident [6:58:35] curry neighborhood resident who [6:58:36] championed against the 17 story [6:58:38] proposal at 826 north [6:58:41] winchester, it's gratifying to [6:58:43] see the turnout today from more [6:58:45] san jose residents who love [6:58:47] this city and want to see a [6:58:48] thoughtful housing plan. I [6:58:50] strongly support the mixed use [6:58:52] neighborhood designation for [6:58:54] the winchester boulevard [6:58:55] corridor that is included in [6:58:57] the recommendation from council [6:58:58] members mulcahy, kendell and [6:59:01] ortiz. It's sensible, it's [6:59:03] reasonable and smart. It's a [6:59:05] realistic compromise. But I [6:59:08] have an important task and we [6:59:09] must address transportation [6:59:11] traffic and infrastructure bill [6:59:13] before we move forward with a [6:59:15] comprehensive housing plan. I [6:59:17] know you're under pressure from [6:59:18] the state but I know we can do [6:59:20] better. Thank you. Thank you. [6:59:22] next speaker I'd also like to [6:59:23] now announce that every single [6:59:25] card has been called from [6:59:27] inside and out. If you put in a [6:59:31] card and did not hear your [6:59:32] name, this is the time to line [6:59:34] up. Go ahead. Thank you, mayor [6:59:41] . And the council members I'm [6:59:44] debbie kerzner and I have lived [6:59:46] in san jose for 47 years in the [6:59:49] cary neighborhood. Our city is [6:59:52] a vibrant has a vibrant [6:59:54] downtown. It has vibrant [6:59:56] neighborhoods. They are [6:59:59] beautiful and they are the life [7:00:02] of san jose. Please do not make [7:00:04] our neighborhoods high density [7:00:06] parking lots on all of our [7:00:08] neighborhood streets. The new [7:00:11] apartments built recently in [7:00:13] our area of south winchester [7:00:15] and bascom are not affordable. [7:00:18] you want to increase density [7:00:21] but we already have traffic [7:00:23] problems and terrible [7:00:25] congestion. And that has not [7:00:27] been addressed. And we need the [7:00:30] public transit to be adequate. [7:00:33] please work to use the [7:00:35] unoccupied tech buildings and [7:00:37] apartments in the city to [7:00:39] increase the density. I >> [7:00:42] thank you that your time next [7:00:43] speaker. Mayor city council. [7:00:52] good evening. Life, liberty. [7:00:56] the >> pursuit of happiness. [7:00:57] that's what's going out the [7:00:59] door here. That's in the [7:01:01] declaration of independence [7:01:02] thomas written by thomas [7:01:03] jefferson. >> I think we've had [7:01:08] some paid speakers here tonight [7:01:10] that were >> supportive of this [7:01:14] >> and this area has not been [7:01:21] >> affordable for more than 40 [7:01:23] years. Also I think it's a [7:01:26] disgrace for what I'll call [7:01:28] newbies to criticize people who [7:01:32] have lived here for 5060 years [7:01:36] and they don't know the [7:01:38] struggles that those people [7:01:40] including myself went through [7:01:43] to even get our homes 40 years [7:01:45] ago. I'm out of time. Thank [7:01:47] you. >> thank you. Next speaker [7:01:55] I support the >> memo from [7:01:57] council members mulcahy [7:01:58] candidates and ortiz rezoning [7:02:01] the winchester corridor as [7:02:03] outlined in their memo is [7:02:04] reasonable whereas the staff [7:02:06] recommendations were not. The [7:02:08] staff recommendations [7:02:09] contradict san jose's goal [7:02:11] of preserving the business tax [7:02:13] base. Why weren't businesses in [7:02:15] the affected zone consulted by [7:02:16] the city during the staff [7:02:17] recommendation process [7:02:19] regarding a26 winter storm? The [7:02:22] planning commissioner who [7:02:23] stated he visited the [7:02:24] neighborhood explained how that [7:02:26] exploration caused him to [7:02:28] understand 8 to 6 winchester [7:02:30] boulevard >> should not be re [7:02:32] zoned as the staff recommended. [7:02:35] come and see for yourself the [7:02:37] two legs of this l-shaped [7:02:39] property surrounded on exterior [7:02:41] sides by one side with the legs [7:02:44] >> with the leg connecting to [7:02:45] winchester being extremely [7:02:48] narrow. The need for more [7:02:50] housing doesn't justify trying [7:02:51] to pack the staff recommended [7:02:52] level density level into cary [7:02:55] neighborhood. Those >> [7:02:56] recommend that's your >> time [7:02:59] next speaker. This is our final [7:03:01] speaker. Well this has been a [7:03:05] fun night. Good evening, [7:03:07] council. First of all I want to [7:03:10] thank you staff for the work [7:03:11] that you've done. And I'd like [7:03:13] to say mayor mehan, if you [7:03:14] could be a little bit more [7:03:15] judicious with that gavel. I've [7:03:16] heard a lot of clapping [7:03:17] tonight. >> but I do want to [7:03:20] speak in very, very strong [7:03:22] support of the memo from [7:03:24] councilmembers come in terms [7:03:27] the desperate desperate need [7:03:29] for housing in the city is the [7:03:32] issue not only of the day [7:03:33] of the decade of multiple [7:03:34] decades and we really need to [7:03:37] be willing to take unpopular [7:03:41] actions that are the right [7:03:42] thing to do because the reality [7:03:45] is that this city is so [7:03:47] unaffordable that people like [7:03:49] me I'm 24 college student I [7:03:52] cannot afford to live here if [7:03:53] things keep getting worse. [7:03:55] people like me are not a [7:03:57] rarity. People my age and young [7:04:00] families are rapidly leaving [7:04:02] the city and the region for [7:04:03] lack of affordability. Please [7:04:05] vote. Thank you. Back to [7:04:08] council. All right. Thank you, [7:04:11] toni. Thank you to everyone who [7:04:14] spoke. We still have a number [7:04:16] of folks here in the chamber. [7:04:17] I'm really impressed with [7:04:18] everyone's wherewithal. It was [7:04:20] good to hear so many diverse [7:04:23] perspectives both in person and [7:04:25] on online. I'm going to may [7:04:27] make a few comments >> and ask [7:04:28] a few broader questions to [7:04:31] frame things up and then turn [7:04:33] to colleagues. You know, a [7:04:37] number of residents have asked [7:04:38] me over the last couple [7:04:39] of weeks why why are we here? [7:04:41] what are we what are we doing? [7:04:42] and >> I think the simplest [7:04:45] answer chris, I'm going to come [7:04:47] to you in a second to talk a [7:04:49] little more about this is that [7:04:51] we committed to a direction in [7:04:55] our approved housing element. [7:04:56] it's worth remembering we had a [7:04:59] housing element that was not in [7:05:00] compliance. It took three tries [7:05:02] and while we were out [7:05:03] of compliance we had we [7:05:07] builders remedy essentially [7:05:08] imposed on the city allowing [7:05:10] developers to build housing [7:05:12] even on employment land very [7:05:14] haphazard development where we [7:05:15] lost control entirely which is [7:05:19] a very bad place for the city [7:05:20] >> to be. And as we came into [7:05:23] compliance we made a commitment [7:05:26] to explore some of these more [7:05:29] modest densities. Now I think [7:05:31] the community has asked a very [7:05:32] reasonable question which are [7:05:34] series of questions which is [7:05:35] okay, there's been a lot [7:05:36] of state law that has come down [7:05:37] our way that has removed local [7:05:39] control and create a lot [7:05:41] of mandates. So you have sb 979 [7:05:44] ab 1123 and chris, I think you [7:05:46] said about 450 bills but those [7:05:48] are some of the more >> [7:05:50] consequential ones. And the [7:05:53] question really is in terms [7:05:56] of what staff in the planning [7:05:58] commission are sending to us, [7:05:59] how different is it from what [7:06:01] state law already requires and [7:06:04] where it's different, why and [7:06:05] really understanding that [7:06:07] distinction that I think a [7:06:08] number of people pointed to. [7:06:09] now I understanding of sb nine [7:06:12] is that on most single family [7:06:15] lots in the city today an owner [7:06:19] a property owner can [7:06:22] essentially develop four units [7:06:24] and given that most single [7:06:27] family lots are around 6000ft² [7:06:32] we're roughly are in one 8 or 8 [7:06:37] parcels eight lots to the acre. [7:06:40] four times eight is effectively [7:06:42] 32. So chris, I just >> could [7:06:45] you comment first of all on how [7:06:47] much of a change we're talking [7:06:48] about what state law currently [7:06:50] allows a property owner to do? [7:06:52] and what's the difference and [7:06:53] why are we doing this? Can you [7:06:54] just go back through that [7:06:55] again? Yeah. Thanks, mayor. And [7:06:59] you have it right? So in the [7:07:01] prior house in our current [7:07:03] housing element we committed to [7:07:05] a missing middle program and [7:07:06] this actually dates back prior [7:07:07] to the development of a housing [7:07:09] element. If you'll recall [7:07:11] roughly five plus years ago [7:07:13] there was a conversation around [7:07:14] what was called at the time [7:07:15] opportunity housing. And the [7:07:18] council declined to move [7:07:19] forward at that time with that [7:07:20] proposal because sb nine was [7:07:24] coming into effect and the [7:07:25] thought was well let's see how [7:07:26] sb nine goes and you know we [7:07:30] can see what the implementation [7:07:32] looks like and what the impact [7:07:33] to our neighborhoods is. And as [7:07:35] >> a result, as we then moved [7:07:37] into our housing element [7:07:39] process and started to right [7:07:41] the housing element we are a [7:07:42] clear indication from hpd that [7:07:44] they wanted to see a missing [7:07:46] middle program pursued. >> and [7:07:48] they were very direct about [7:07:50] that and you know, they wanted [7:07:52] to put performance standards [7:07:53] around that and a timeline [7:07:54] which are all included in our [7:07:56] housing element. So you know [7:07:58] we're about midway through this [7:08:00] cycle we need to start [7:08:01] delivering on these programs. [7:08:03] you know, we've done a [7:08:04] significant amount of work [7:08:05] that's led to a lot [7:08:06] of implementation but this is [7:08:08] one of the major factors this [7:08:10] in the urban village strategy. [7:08:11] so as you approach this four [7:08:13] year review, you know, we [7:08:15] wanted to be considerate of the [7:08:17] current condition. We wanted to [7:08:19] think about a solution that did [7:08:21] help preserve the character [7:08:23] of single family neighborhoods [7:08:24] when we wrote our general plan. [7:08:27] a number of the speakers this [7:08:28] evening have been absolutely [7:08:29] correct. We prioritized high [7:08:32] intensity, high density [7:08:34] development along transit [7:08:35] corridors and in growth areas. [7:08:37] and part of the challenges we [7:08:38] have not seen all of that [7:08:40] development occur because [7:08:41] of economics and some of these [7:08:42] other reasons. So you know, [7:08:44] part of our approach is we know [7:08:46] we need to provide a great [7:08:48] variety >> in the types [7:08:50] of housing that the market can [7:08:51] >> achieve that respects and [7:08:55] preserves the character. [7:08:56] everything of our single family [7:08:57] neighborhoods. So we have a [7:08:59] situation where we're looking [7:09:00] at this program. We also have a [7:09:02] number of state laws that have [7:09:03] been implemented and you're [7:09:04] absolutely right on the density [7:09:05] question so under sb nine there [7:09:08] is the opportunity for four [7:09:09] primary units in the context [7:09:11] of to duplexes on one single [7:09:13] family existing single family [7:09:15] line. And so we felt like we [7:09:17] could create a program in the [7:09:19] city that sort of maintains and [7:09:21] or was parallel to what sb nine [7:09:24] would allow but that we could [7:09:26] design with the context of more [7:09:28] local design standards and [7:09:30] controls that would allow us to [7:09:32] sort of help preserve that [7:09:33] single family neighborhood [7:09:34] character. So that's the [7:09:36] approach that we took. You [7:09:38] know, we believe that that's [7:09:39] consistent with the spirit [7:09:41] of p35 in the housing element. [7:09:44] but sort of gets us the best [7:09:45] of both worlds but doesn't [7:09:47] really extend much beyond what [7:09:48] you can do on the state level. [7:09:49] >> okay. Thanks. Can you just [7:09:51] say the last part again if you [7:09:52] already today in most [7:09:55] residential neighborhoods can [7:09:57] buy a parcel and under state [7:10:00] law convert it to four to [7:10:02] redevelop it to four >> units [7:10:05] which we've seen a few examples [7:10:06] of but not a lot. My guess is [7:10:08] that doesn't actually pencil in [7:10:10] a lot of places but if you can [7:10:13] that's effectively 32 units to [7:10:15] the acre. So what's the [7:10:16] difference? And what you're [7:10:18] saying there's an advantage to [7:10:20] having >> this path rather than [7:10:21] sb nine. So we >> think there's [7:10:23] an advantage from the city's [7:10:24] perspective because it allows [7:10:26] us to implement design [7:10:28] standards that sort of a more [7:10:29] respectful of the neighborhood [7:10:30] character. I think the broader [7:10:33] policy objective of allowing a [7:10:35] local program is that there is [7:10:38] probably more market desire to [7:10:40] pursue this than some of the [7:10:41] restrictions that exist under [7:10:43] sb nine. So right now there's a [7:10:45] residency requirement, right? [7:10:47] so somebody who owns the law [7:10:49] has to stay in residence for [7:10:50] two years post development. And [7:10:53] that's been a significant [7:10:54] barrier to a lot of the people [7:10:55] that have explored sb nine as [7:10:56] an opportunity to >> couple [7:11:00] other issues adjacent to that I [7:11:02] would like to better understand [7:11:05] what mergers and whether or not [7:11:08] that >> is you kind [7:11:10] of reference to quickly as a [7:11:11] potential tool that council [7:11:13] might want to explore and I [7:11:14] think for context for the [7:11:15] public this is the first time [7:11:17] these recommendations are [7:11:18] coming to the council. There's [7:11:19] been a process where I'm going [7:11:21] to talk about the process and [7:11:22] public input in a moment as [7:11:24] well. But this is the first [7:11:26] time we're having this [7:11:27] conversation at this set [7:11:29] of recommendations that would [7:11:30] come back to the council in [7:11:32] over a year from now. So we are [7:11:34] not at the end of the [7:11:36] conversation. I want to be [7:11:37] really clear about that. On lot [7:11:41] mergers >> and to use so how to [7:11:43] add use count in the unit count [7:11:44] and what should we take from [7:11:45] that and and what is the risk [7:11:47] of what mergers or is that [7:11:49] maybe a restriction that [7:11:50] council might want to have in [7:11:51] its toolkit? So >> just to [7:11:53] start with lot mergers that is [7:11:54] something that we have the [7:11:56] ability to put standards in [7:11:58] place so we can you know, [7:12:00] restrict the ability to merge [7:12:02] logs. We can have restrictions [7:12:04] around lot sizes as well to say [7:12:06] that you can only do this [7:12:07] development on a certain size [7:12:09] that stops people from [7:12:10] aggregating so >> big corporate [7:12:11] developer can't come in you [7:12:13] know merge together, roll up 8 [7:12:16] or 10 single family homes and [7:12:17] build some massive you know, [7:12:20] connecting on the middle of oc. [7:12:22] that seems important. So right [7:12:24] now >> as it relates to edu law [7:12:27] and one of the challenges again [7:12:28] by what we've seen both in [7:12:31] single family neighborhoods and [7:12:32] with multifamily development is [7:12:34] you know adu law tends to layer [7:12:36] on top of local provisions and [7:12:41] people are using that in [7:12:42] multiple different ways and [7:12:43] obviously there's a there's [7:12:46] much more much less [7:12:47] restrictions we can put in [7:12:48] place on adus. You know, [7:12:51] certainly they can build in [7:12:52] reduced setbacks. They require [7:12:54] no parking. The standards there [7:12:56] are very different. So in [7:12:58] theory, you know, adus sit on [7:13:00] top of whatever requirement we [7:13:02] create in our end. I think [7:13:04] again from our approach is to [7:13:07] design standards that encourage [7:13:09] the market to deliver a type [7:13:11] of development similar to the [7:13:12] types of you know, examples [7:13:14] that we showed in the [7:13:15] photographs. And what you'll [7:13:16] [7:13:18] the utilizing the lot for the [7:13:20] four units or the three units [7:13:22] and it reduces the opportunity [7:13:24] to leverage edu as a you know [7:13:26] an additional sort of capacity [7:13:28] gain. Okay. Thanks. >> I think [7:13:30] given the way the state [7:13:31] interprets ada use and the [7:13:33] count as in not counting them [7:13:35] though they do count toward our [7:13:36] arena target so there seems to [7:13:37] be quite a discrepancy here in [7:13:39] how the state is as counting [7:13:41] need to use it yes in one case [7:13:42] not in another. But I think [7:13:45] that's part of the motivation [7:13:46] for our group member to say [7:13:47] let's look at a range. Let's [7:13:49] look at 16 to 32. Our member [7:13:51] also does speak to parking [7:13:54] requirements. We're allowed by [7:13:55] state law and the reality is in [7:13:57] much of the city we are [7:13:58] preempted by state law and not [7:14:00] allowed to impose a parking [7:14:02] requirement. And san jose was [7:14:04] actually a leader in removing [7:14:06] parking requirements. But [7:14:07] really if you were here for [7:14:09] that conversation it was in the [7:14:10] context largely of our downtown [7:14:15] urban villages near transit [7:14:17] multi-family denser development [7:14:19] where I remember very [7:14:20] distinctly one of the big [7:14:22] things we were pointing to [7:14:23] which I think still is is very [7:14:25] valid is the notion [7:14:26] of unbundled parking. If you [7:14:28] have an office building next to [7:14:29] an apartment or condo tower you [7:14:33] might be able to share the [7:14:33] parking because people need to [7:14:35] park at home at night in the [7:14:36] apartment building and maybe [7:14:38] park where they work and so you [7:14:40] could actually make more [7:14:40] efficient use of unbundled [7:14:42] parking in a place like [7:14:43] downtown or urban village. I [7:14:45] think when you get out into [7:14:47] councilmember ortiz's district [7:14:48] where I have walked many times [7:14:51] and seen families coming home [7:14:52] you know, people going home [7:14:53] from a second job having to [7:14:55] park six blocks from their home [7:14:57] every night to know that it is [7:14:59] something that when you get out [7:15:00] to the periphery of our city [7:15:01] you really need to be thinking [7:15:02] about that impact on people's [7:15:04] lives. I would say for I know [7:15:06] we have a number of very pro [7:15:07] housing folks who spoken and I [7:15:09] you know, often find myself [7:15:11] very aligned with that [7:15:12] perspective. I do think that we [7:15:16] shouldn't be overly [7:15:17] ideologically rigid about the [7:15:19] notion that we should never [7:15:21] have any kind of parking [7:15:22] requirement anywhere in the [7:15:23] city. I think that's that's [7:15:24] overly overly broad. So our [7:15:26] memo says let's let's study [7:15:27] that. I really appreciate the [7:15:29] group memo pointing to density [7:15:32] in fire high fire risk zones I [7:15:35] thought that was a really [7:15:36] thoughtful inclusion. I do [7:15:39] think we should be looking [7:15:40] at at lot mergers. So I think [7:15:42] what our memo and I think [7:15:43] colleagues memos point to is [7:15:46] some areas where we really [7:15:47] ought to study the notion that [7:15:50] we can be super dense in [7:15:52] downtown in urban villages and [7:15:54] then kind of have that go down [7:15:56] as you go out and start to [7:15:57] think about some of those other [7:15:58] impacts I will say I'm really [7:16:00] proud of all the actions this [7:16:01] council has taken to be [7:16:03] extremely pro housing removing [7:16:07] the you know increasing [7:16:10] capacity in in our plant growth [7:16:13] areas, removing the [7:16:14] construction tax, having to [7:16:16] park fees, removing the [7:16:18] unfunded inclusion requirement, [7:16:21] moving to ministerial [7:16:22] approvals, getting rid [7:16:23] of parking requirements. We [7:16:24] have led so many times on [7:16:26] saying yes to housing but I do [7:16:29] think that we need to really be [7:16:30] thoughtful about how we manage [7:16:32] change out in our [7:16:33] neighborhoods. So as was [7:16:34] pointed out in many cases state [7:16:36] laws have already dictated a [7:16:38] density level that you're not [7:16:39] recommending we go beyond I [7:16:40] don't think the public really [7:16:42] understands that which gets to [7:16:43] my last point. Public input. [7:16:45] can you just share with us up [7:16:47] to this point as you went [7:16:49] through the initial stage [7:16:50] of the process with the [7:16:51] planning commission and came [7:16:52] here to the council for the [7:16:53] first time with your [7:16:54] recommendation, what kind [7:16:56] of community engagement and [7:16:57] public input you you organized [7:17:01] and what we can expect over the [7:17:03] next year as this continues to [7:17:05] develop. >> yeah it [7:17:07] sounds great. Let mahan over to [7:17:08] ruth to talk through public [7:17:09] outreach and then maybe circle [7:17:12] back on what to expect. Thank [7:17:15] >> you mayor so staff in [7:17:18] partnership with the office [7:17:19] of racial and social equity and [7:17:21] our community engagement [7:17:22] consultant kicked off our [7:17:24] outreach strategy that we [7:17:25] discussed with council and [7:17:26] council approved last year. We [7:17:29] began with a virtual webinar. [7:17:32] we also employed different [7:17:34] methods to reach out to people [7:17:36] so we had four in-person open [7:17:37] houses across the city really [7:17:40] targeting communities that we [7:17:42] don't often hear from. We had [7:17:45] several leadership meetings six [7:17:47] I think it might be seven [7:17:47] actually we had our town hall [7:17:49] last week seven neighborhood [7:17:51] meetings with the office [7:17:53] of racial and social equity. We [7:17:55] were able to host three focus [7:17:56] groups. In addition, we had our [7:17:59] task force meetings which [7:18:00] allowed for public comment. I [7:18:02] think after the first meeting [7:18:03] public comment was taken before [7:18:05] the task force sort [7:18:07] of deliberated and gave us [7:18:09] their feedback. We met with [7:18:10] intergovernmental agencies and [7:18:13] also we sort of did our online [7:18:17] sort of email blasts and our >> [7:18:21] virtual open house. I will say [7:18:23] through our four in-person [7:18:24] houses we did touch sort [7:18:27] of communicate with over 800 [7:18:29] residents and people in the [7:18:30] city. One of these open houses [7:18:32] was at veeva. So that's the one [7:18:33] where we actually were able to [7:18:35] talk to the most most of the [7:18:36] community and we had roughly [7:18:39] 400 participants in the virtual [7:18:41] open house. >> thanks, ruth. [7:18:43] and then from this point [7:18:45] forward, whatever direction we [7:18:46] ultimately settle on here [7:18:48] you've got a process that runs [7:18:50] more than a year presumably [7:18:52] before we take a final vote on [7:18:54] where we are. What does that [7:18:57] community engagement look like [7:18:58] ? Right. There's a number [7:18:59] of different opportunities for [7:19:01] us to engage the community both [7:19:02] in the formal process as we get [7:19:04] launch our environmental [7:19:05] process that has, you know, [7:19:06] very prescriptive elements as [7:19:08] well as sort of more of the [7:19:11] community engagement and [7:19:12] participation opportunities [7:19:13] that we'll be looking to craft [7:19:15] as we develop those standards [7:19:16] so we can create regular [7:19:18] touchpoints. We don't have all [7:19:20] of those aspects foley fleshed [7:19:21] out but I think we're going to [7:19:22] be looking for opportunities to [7:19:23] engage with partner departments [7:19:25] to continue to sort of spread [7:19:27] the opportunity to talk about [7:19:29] this as well as engaging with [7:19:31] those groups that we've managed [7:19:33] to reach through our process so [7:19:34] far to keep them you know, [7:19:36] engaged in this and allow them [7:19:38] to provide additional feedback [7:19:39] as we go. >> okay. And sorry to [7:19:42] put you on the spot with this [7:19:42] but does ppc have the capacity [7:19:45] to manage all that public [7:19:46] engagement? Do we need to talk [7:19:47] about what else as one team the [7:19:49] administration might do to [7:19:50] support a robust public [7:19:52] engagement process over the [7:19:53] next year? Yeah, absolutely. I [7:19:55] think obviously we're going to [7:19:56] look for those opportunities. [7:19:57] you know, with the city [7:19:58] manager's office we've had a [7:20:00] great partnership with the [7:20:02] office of racial and social [7:20:04] equity on our outreach so far. [7:20:06] and then as I said, I think [7:20:07] some of those other partner [7:20:08] departments that are also [7:20:09] consistently out with the [7:20:10] community they represent a [7:20:12] great opportunity for us to [7:20:13] partner and tag along to spread [7:20:16] sort of more engagement and [7:20:18] more information about what [7:20:19] we're doing. >> yeah, I just I [7:20:20] really don't want to be here a [7:20:21] year from now and have people [7:20:23] feel like they were not aware [7:20:24] that we were having this [7:20:25] conversation. So I just hope [7:20:26] jennifer the spirit [7:20:28] of leveraging the whole [7:20:29] capacity of the administration [7:20:31] that will find more ways to to [7:20:33] engage the public. I said that [7:20:34] was my last point. Just very [7:20:35] quickly though, chris, I do [7:20:37] want to know more about your [7:20:38] conversations with side the [7:20:40] risk of decertification. I [7:20:41] understand you said you just [7:20:42] had a call with them. What is [7:20:44] your sense of what they're [7:20:47] essentially are our obligations [7:20:49] are to stay compliant and what [7:20:51] would avoid decertification and [7:20:53] going back to builder's remedy [7:20:54] which I think we all want to [7:20:55] avoid. >> yeah. So obviously, [7:20:59] you know, this is really staff [7:21:00] level guidance. We reach out to [7:21:02] each side and work with them on [7:21:03] a fairly regular basis around [7:21:05] project issues and policy [7:21:07] issues. So they do make [7:21:09] themselves available when we [7:21:10] need to talk through this. So I [7:21:12] reached out end of last week I [7:21:15] was on a call with one of the [7:21:17] senior program managers with [7:21:19] each side on monday just [7:21:21] because we wanted to discuss, [7:21:22] you know, this item coming [7:21:23] forward to city council and [7:21:25] just get a sense of how they [7:21:27] might view, you know, an [7:21:29] alternate proposal based on [7:21:30] some of the memos that we were [7:21:32] seeing coming through from [7:21:33] council. Like I said, it's [7:21:35] staff level guidance. It's [7:21:36] certainly not a written opinion [7:21:38] by cdd. I think there's a [7:21:40] couple of important things that [7:21:42] came from that conversation. So [7:21:43] one is they look at our missing [7:21:45] middle program. Really the [7:21:47] focus is creating opportunities [7:21:49] for diverse housing in high [7:21:52] opportunity areas areas where [7:21:54] they don't currently exist. [7:21:56] there's a chart we used in I [7:21:58] think a study session and in [7:21:59] some of the other presentations [7:22:01] we've done that really [7:22:02] highlights that you know it [7:22:04] really is a missing middle. [7:22:05] there's a huge gap around these [7:22:06] types of housing throughout the [7:22:08] city. And so what they're [7:22:11] looking for and you saw the [7:22:12] high opportunity map is how do [7:22:14] we create opportunities for for [7:22:17] that gap, right? That's the gap [7:22:18] that ultimately we have. You [7:22:21] had it there for a second and [7:22:25] it's really around, you know, [7:22:26] so I mean we don't have a ton [7:22:28] of duplexes. It's really around [7:22:29] those opportunities for two or [7:22:31] 3 or 4 units. You know, we're [7:22:33] seeing more opportunity through [7:22:35] some state law in the sort of, [7:22:36] you know, 10 to 20 and plus I'm [7:22:39] seeing some success there. But [7:22:41] they really sort of focused on [7:22:42] that high opportunity area [7:22:43] piece. What they did say was, [7:22:45] you know, obviously as they're [7:22:46] focused on it, they're looking [7:22:48] at what's already allowed under [7:22:49] state law and while, you know, [7:22:51] sb nine does allow up to four, [7:22:53] you know the focus in many sort [7:22:55] of places has been on lot [7:22:56] splits that allow two single [7:22:57] family homes. So in their [7:23:00] opinion, you know, they didn't [7:23:02] feel like a six units to the [7:23:06] acres sort of program was [7:23:08] substantially different from [7:23:09] what we would expect to see [7:23:10] under the current provisions [7:23:12] of sb nine. So they felt like [7:23:14] that, you know, would be a [7:23:15] concern now, you know, whatever [7:23:18] council's decision is today and [7:23:19] ultimately with implementation [7:23:21] of a program, it doesn't mean [7:23:23] that we're facing, you know, [7:23:25] the immediate repercussions of, [7:23:27] you know, decertification. [7:23:29] there's a process associated [7:23:30] with that that's baked into [7:23:31] state law into the government [7:23:34] code. You know, we would [7:23:34] certainly have the opportunity [7:23:35] to work with hpd to understand [7:23:37] that. But I think it's [7:23:39] important to understand that [7:23:40] there is a risk that currently [7:23:41] performing mid-cycle reviews [7:23:43] with all of the cities that [7:23:44] have, you know, housing [7:23:46] elements we just got a call [7:23:47] from them in july to do a [7:23:49] mid-cycle review. As was noted, [7:23:52] most cities are not performing [7:23:54] on the delivery of housing on [7:23:55] their arena number. So they are [7:23:57] really focused on program [7:23:59] performance. So when you look [7:24:00] at some of the challenges that [7:24:01] other cities have had with you [7:24:03] know, all the way to [7:24:04] decertification but also in [7:24:06] just you know, noncompliance [7:24:08] letters and some of the other [7:24:09] challenges, it's really been [7:24:11] around programing [7:24:12] implementation rather than [7:24:14] holding them to the minimum. [7:24:18] all >> right. Thanks for that [7:24:19] additional context from your [7:24:20] conversations with each city. I [7:24:22] think that's helpful. Okay. I [7:24:23] know the mix reset I had [7:24:26] councilmember cohen first and [7:24:27] then I did not keep track [7:24:28] of the rest but the mikes reset [7:24:30] about two hours into public [7:24:31] comment. So I'm going to go to [7:24:32] councilor cohen next. Just [7:24:35] before just before we [7:24:37] go forward, I just want to make [7:24:38] a note that I just I told >> on [7:24:42] councilmember cohen I'm sorry [7:24:43] he was first with the mikes [7:24:45] reset. I'm going to go to [7:24:46] councilmember calling first. [7:24:47] thank you. >> well, thank you [7:24:48] first of all to staff for all [7:24:50] the work that's gone into it up [7:24:51] to this point and thanks to all [7:24:53] the members of the public who [7:24:54] came out on both sides on all [7:24:55] sides of this issue. It's not [7:24:56] two sides. It's actually a lot [7:24:58] in this proposal, a lot more [7:24:59] than just one element although [7:25:01] I know a lot of the interest is [7:25:03] on the missing middle element. [7:25:04] there's a lot in this and so I [7:25:05] don't want to lose sight of the [7:25:06] fact that this is a much more [7:25:08] comprehensive look at the [7:25:09] general plan than just this one [7:25:10] issue of missing middle in [7:25:11] residential neighborhoods. But [7:25:14] I know that there's a lot [7:25:16] of well-placed fears when when [7:25:19] there's the potential to change [7:25:20] zoning. And so I want to thank [7:25:22] people who came out and and [7:25:24] expressed that and sat through [7:25:25] this long discussion of our [7:25:26] meeting. I know many have gone [7:25:27] home probably to listen online [7:25:28] but I appreciate those who have [7:25:29] stayed and want to listen to [7:25:31] the rest of the conversation. [7:25:33] I'm going to just start first [7:25:35] of all just talking a little [7:25:35] bit about the missing middle [7:25:36] item and then talk about a [7:25:38] couple of other things. [7:25:38] although I want to point out I [7:25:39] know some couple of commenters [7:25:40] talked about the focus on areas [7:25:43] where we want higher density [7:25:44] and north san jose is one I [7:25:46] represent north san jose. [7:25:47] my focus regardless of how this [7:25:48] moves forward will continue to [7:25:49] be on bringing developers into [7:25:51] north san jose to build high [7:25:52] density housing where we want [7:25:54] high density housing and I'm [7:25:55] excited about several projects [7:25:57] that are under construction now [7:25:58] and coming that are in much [7:26:00] higher density places. That's [7:26:01] what we're going to get a lot [7:26:02] of our housing units and will [7:26:03] continue to be my focus. But I [7:26:05] also want to point out that [7:26:06] rightfully so our staff and [7:26:08] myself are continued to focus [7:26:10] on preserving commercial land [7:26:13] in north san jose and not [7:26:14] rushing to convert commercial [7:26:16] land into the housing as well. [7:26:18] we have a lot of land in north [7:26:20] san jose that's designated for [7:26:21] housing but our commercial land [7:26:23] is really important to us and [7:26:24] we don't want to lose it. You [7:26:27] know there's there are concerns [7:26:30] >> about what it looks like [7:26:31] when people build this kind [7:26:32] of this kind of multi-unit or [7:26:35] turn a property from one house [7:26:36] into several. And I just want [7:26:38] to say in my district there are [7:26:39] already some examples of some [7:26:40] sites where people have used sb [7:26:41] nine to subdivide and build 3 [7:26:45] to 5 units mostly three and [7:26:47] four units on a single [7:26:48] property. You can see them [7:26:49] along piedmont road and a [7:26:50] couple of places usually it's [7:26:52] done where there's a [7:26:53] dilapidated or vacant parcel [7:26:56] very rare that someone's going [7:26:57] to, you know, buy a $2.5 [7:26:59] million house and then decide [7:27:00] to tear it down. I mean that's [7:27:01] you know, economically I don't [7:27:02] know that it works but a lot [7:27:03] of this happens where there's [7:27:05] something that needs to be [7:27:06] replaced anyway. But you can [7:27:09] see that these don't really [7:27:11] change. This doesn't happen [7:27:13] enough enough to change the [7:27:14] overall character of the [7:27:15] neighborhoods that that they're [7:27:16] happening in. But I do [7:27:17] appreciate your explanation as [7:27:19] to why having our own procedure [7:27:22] can actually allow us to [7:27:24] implement better codes or [7:27:25] requirements in the development [7:27:27] because if people use sb nine [7:27:28] we have no say over what a very [7:27:30] little say over what those [7:27:32] projects end up looking like. [7:27:34] there are also neighborhoods in [7:27:35] my district that are mostly [7:27:36] single family but have >> 430 [7:27:38] to 40 years have had duplexes [7:27:40] and fourplex in them so you can [7:27:42] walk those neighborhoods and [7:27:43] see that mix. Sometimes you [7:27:45] don't even know that some [7:27:46] of the buildings are fourplex [7:27:48] versus the single family homes [7:27:49] next door. So there are [7:27:51] examples of neighborhoods where [7:27:52] that mix is working. Having [7:27:55] said that, we have 11 people on [7:27:57] this council and I suspect [7:27:58] there's 11 opinions as to what [7:28:00] the right outcome is. So you [7:28:02] will see that in the memo that [7:28:04] I was part of along with mayor [7:28:06] mehan and kosmas foley, casey [7:28:08] and campos that we are asking [7:28:11] for staff to do the analysis [7:28:13] of a range of densities so that [7:28:15] we have an understanding as to [7:28:17] what the analysis tells us [7:28:19] while we also working with hpd [7:28:20] and continuing to gather public [7:28:22] input. So our item asks for [7:28:24] continuing to review 1624 and [7:28:26] 32 as potential numbers and we [7:28:30] obviously be having this [7:28:31] conversation going forward. [7:28:32] it's another six months at a [7:28:35] minimum before we would be [7:28:36] voting on some final outcome [7:28:39] here. The other thing that was [7:28:40] important to me and I know I [7:28:42] heard from a lot of members [7:28:43] of the public was this question [7:28:44] of parking right now and this [7:28:46] is something that's kind [7:28:48] of lost in this conversation [7:28:49] right now. There's many homes [7:28:50] in our city because of the [7:28:51] affordability issues where [7:28:53] multiple families are living in [7:28:54] a single family home. That's [7:28:56] pretty much the same outcome as [7:28:59] a four plex on a property with [7:29:00] four families living in it. If [7:29:01] you have a single family home [7:29:03] with multiple families living [7:29:04] in it, I would say it's [7:29:06] preferable to have separate [7:29:07] units for each of those [7:29:08] families. So >> the result [7:29:10] though and in case and I know [7:29:11] some districts like district [7:29:12] five are particularly impacted [7:29:14] but all of our districts have [7:29:15] it is that there is not parking [7:29:17] and we end up with this parking [7:29:19] problem where multiple families [7:29:20] are living in single family [7:29:21] homes now we have parking [7:29:23] overflowing. We have issues on [7:29:25] the streets based on that [7:29:26] experience I feel that it's [7:29:28] important for us to outside [7:29:31] of the state restricted areas [7:29:33] to create a parking standard. [7:29:35] and my understanding I think [7:29:36] you kind of said this before is [7:29:37] that those who are doing this [7:29:39] now are typically including [7:29:41] parking. Can you clarify this? [7:29:42] but typically including parking [7:29:44] because they want a sellable [7:29:45] marketable product when they're [7:29:47] done? That's correct. Yeah. The [7:29:48] examples we've seen so far have [7:29:50] included parking and again when [7:29:51] we removed our parking minimums [7:29:54] part of that conversation was [7:29:56] that the market would adjust to [7:29:58] provide the appropriate parking [7:29:59] and you know we've seen [7:30:01] examples where that's gone both [7:30:03] ways but in instances like this [7:30:05] we've seen it always provide [7:30:06] at >> least clearly in the [7:30:07] higher density projects there's [7:30:09] still there's still some [7:30:10] experimentation that that's [7:30:11] happening. But I think in these [7:30:13] lower density sites that it's [7:30:14] typical that they're wanting to [7:30:16] provide at least one parking [7:30:17] space for each unit that [7:30:18] they're building already. So [7:30:19] I'm going >> to try to craft [7:30:20] out of all the memos and I [7:30:21] appreciate all the all of my [7:30:23] colleagues on the council for [7:30:24] all the work that they've done [7:30:26] on various things and I'm going [7:30:27] to put together a motion [7:30:31] combining >> a whole lot [7:30:32] of stuff and leaving some [7:30:34] openings for additional [7:30:35] conversation on some of the [7:30:36] things that I'm not clear on in [7:30:37] other people's memos. >> first [7:30:40] moving the the full group memo [7:30:43] >> that that I was part of that [7:30:45] includes the parking not [7:30:46] parking it number the range [7:30:49] of explanation of the range [7:30:50] of densities pickup and I'm [7:30:53] going to make a quick comment [7:30:54] about pickup while I'm on it [7:30:55] though there's been some [7:30:58] discussion about blanket [7:31:00] rezoning of pickup properties. [7:31:02] I think it's important for us [7:31:03] to to continue to have that [7:31:06] message out there that in the [7:31:07] long run there will be a [7:31:09] certain amount of pickup [7:31:10] properties that are necessary [7:31:12] as we hope that more [7:31:13] affordability gets in place and [7:31:14] more children come back into [7:31:15] our communities. We shouldn't [7:31:18] encourage the wholesale loss [7:31:20] of pickup lands and so I think [7:31:21] a thoughtful process for each [7:31:22] peak conversion is important [7:31:24] but I think an expedited [7:31:26] process to do that pickup [7:31:28] conversion would be helpful to [7:31:30] people who want to make that [7:31:31] conversion. But there's a [7:31:32] couple of items here on pickup. [7:31:33] there's also a specific item in [7:31:35] south san jose. Our item number [7:31:37] two in our memo for a the [7:31:39] property at coral on coral road [7:31:42] in district two >> in the memo [7:31:44] from candela ahi and or ts I'm [7:31:48] going to at this point include [7:31:50] item 1ai1 which is the moderate [7:31:55] fire severity zones making sure [7:31:56] that we are taking that into [7:31:57] account in our in our plans [7:32:01] because I know that some of our [7:32:02] districts in the hillsides [7:32:03] particularly have that issue [7:32:04] and some of them don't have a [7:32:06] lot of ways in or out of those [7:32:07] neighborhoods. So it's [7:32:07] important for us to take that [7:32:09] into account. >> the one be in [7:32:15] that memo include one, be in [7:32:17] that memo on one, see, I'm [7:32:19] going to I'm going to probably [7:32:20] ask councilmember kay later to [7:32:22] make some clarification. [7:32:24] my motion at this point will [7:32:26] ask that we don't rezone as was [7:32:28] recommended by the planning [7:32:30] department because [7:32:32] my understanding from their [7:32:33] explanation is that the the [7:32:36] moon designation would actually [7:32:38] potentially underutilized some [7:32:40] properties on that on that [7:32:42] place but leaving it the way it [7:32:43] is would allow side by side [7:32:44] discussions about appropriate [7:32:46] uses. But we can discuss that [7:32:48] as we move forward >> include [7:32:51] item d and e from the memo and [7:32:56] on f. Well I support the idea [7:32:59] >> we will bring will be [7:33:00] included and included in the [7:33:02] october 6th discussion from pbc [7:33:04] on the overall set [7:33:05] of priorities of all the work [7:33:06] that they've been asked to do. [7:33:08] so we will include that but it [7:33:09] would go to that the priority [7:33:11] session on that at that time [7:33:15] and the memo from tordillos and [7:33:17] may I we I did not have the [7:33:20] benefit of being part of the [7:33:21] brown act to understand number [7:33:23] one as well as I should and get [7:33:25] a full feel for the rationale [7:33:27] and all the thought so I'm [7:33:28] leaving it out of the motion [7:33:29] but offering the opportunity [7:33:31] for the members of that brown [7:33:33] act or the members of that the [7:33:34] authors of that memo to provide [7:33:36] context and we'll consider that [7:33:39] one independently include item [7:33:42] number two changing the >> word [7:33:44] develop to explore and include [7:33:47] number three and on number four [7:33:53] include it with the caveat that [7:33:55] I would like a better [7:33:56] clarification of the definition [7:33:58] of downtown. I'm a little [7:33:59] concerned about how wide [7:34:00] ranging it could be and and [7:34:02] exactly what that means. So [7:34:04] leaving it open for us to [7:34:06] discuss the actual definition [7:34:08] in the motion and then item [7:34:10] five one would be included as [7:34:13] part of our number which number [7:34:18] was that? Our our number are [7:34:20] one >> pc0 sorry 11c so [7:34:24] basically it's the same thing [7:34:25] allowing the commercial and [7:34:27] then including these [7:34:28] restrictions on that commercial [7:34:30] as part of you would include [7:34:31] the sub point include the sub [7:34:32] point as part of our one c in [7:34:34] our underlying memo. So that's [7:34:37] the that's the motion that I [7:34:39] put on the floor. Thank you. Oh [7:34:41] yeah, sure. On >> our memo what [7:34:44] did you say about one d and >> [7:34:49] I, I included danny yeah as as [7:34:52] written. >> okay. I think [7:34:55] that's a great basis for [7:34:56] discussion and I appreciate [7:34:59] that. Councilor don, I know you [7:35:04] had also I think you got out [7:35:05] of line there when we had the [7:35:06] confusion a moment ago so I'll [7:35:08] let you go and go next and then [7:35:09] I'm going to go through the [7:35:10] order I have on my screen. But [7:35:11] go ahead, councilor one >> I [7:35:13] appreciate that mayor how well [7:35:16] I support two san jose goal to [7:35:18] have producing more housing and [7:35:19] recognized a needs for [7:35:21] additional housing option. [7:35:24] my concern is whether we built [7:35:26] housing it is where and how we [7:35:29] add these density >> and [7:35:32] particularly concerns about the [7:35:34] impact of the proposed [7:35:36] implementation of p dash 35 and [7:35:40] missing middle housing on [7:35:42] establish single family [7:35:44] neighborhood and district >> [7:35:45] £0.07 >> 35 call for expanding [7:35:48] opportunity for small multi [7:35:51] housing multifamily housing [7:35:54] generally 4 to 10 units but the [7:35:56] original policy contemplate [7:35:59] strategically location [7:36:01] including major street urban [7:36:04] village area transition area [7:36:07] and other location appropriate [7:36:09] for additional density. I am [7:36:13] concerned that >> the current [7:36:14] four year review could take [7:36:16] that concept much further by [7:36:19] substantially increasing [7:36:21] development capacity throughout [7:36:22] residential neighborhood area [7:36:26] before doing >> that, council [7:36:27] should clearly establish [7:36:29] whether this broader approach [7:36:31] is actually necessary to [7:36:33] accomplish the goal of p 35. It [7:36:37] >> changed from predominantly [7:36:39] one home per parcel to the [7:36:42] possibility of 4 to 10 units [7:36:44] per parcel is not simply an [7:36:47] increase of housing supply. It [7:36:50] >> can fundamentally change the [7:36:51] physical characters of the [7:36:53] neighborhood. Speaking [7:36:55] specifically to district seven, [7:36:57] the city has designated area [7:36:59] for substantial growth and [7:37:01] redevelopment. I want the staff [7:37:04] to explain why additional >> [7:37:06] density needs to be broadly [7:37:08] distributed across establish >> [7:37:11] residential neighborhood rather [7:37:13] than concentrate on more growth [7:37:16] along major corridor transit, [7:37:20] urban village and other areas [7:37:22] already plan for greater [7:37:23] intensity different [7:37:26] neighborhoods have different [7:37:27] street worth infrastructure [7:37:29] transit access and existing [7:37:32] density. A citywide standard [7:37:36] may not produce a proper result [7:37:38] in every single neighborhood. [7:37:42] my memorandum proposed a four [7:37:47] weeks delay on this item for [7:37:51] staff to return. Would it clear [7:37:55] to the lack of information and [7:37:58] or misinformation causing or [7:38:01] resident concerns such as [7:38:02] increased traffic, parking, [7:38:05] congestion overcrowding, [7:38:08] property value and change in [7:38:10] the neighborhood? Characters? [7:38:14] and I think that we need to [7:38:17] make it even more transparency [7:38:19] c to reduce >> the amount [7:38:21] of confusion especially an [7:38:24] overwhelming letter that was [7:38:27] sent in from the public [7:38:28] comments saying no and the [7:38:30] government should not interfere [7:38:32] with the free market therefore [7:38:35] we need more time so >> [7:38:38] therefore I move to have in [7:38:40] substitution >> to >> approve [7:38:45] my memorandums for a 30 days [7:38:51] setback to reset to engage >> [7:38:54] more with our constituent to [7:38:57] make sure we hear and [7:38:58] understand what their concern [7:39:01] and end of the day there is a [7:39:04] very legit argument that our [7:39:08] constituent voters in to be [7:39:12] their representation >> and I [7:39:15] asked for a second >> right to [7:39:19] have a second on the substitute [7:39:21] I'm not hearing any you did I [7:39:25] did hear a question for staff [7:39:26] in there did you? Yes, I do and [7:39:28] let me you want to ask that as [7:39:30] to staff question on this why [7:39:35] >> isn't the city concentrate [7:39:36] more of the additional housing [7:39:38] capacity in the existing growth [7:39:40] area like urban villages, major [7:39:43] corridor corridors, transit [7:39:46] before changing the development [7:39:48] pattern of the established [7:39:51] neighborhood. So again, [7:39:56] councilmember and maybe I'll [7:39:57] let the team answer this as [7:39:58] well but you know we continue [7:40:01] to believe that growth in our [7:40:03] growth areas and urban villages [7:40:05] along the transit corridors and [7:40:07] you know, major arterials is [7:40:09] absolutely the the right way to [7:40:12] go. There's you know, a [7:40:13] considerable amount of housing [7:40:15] capacity already contained in [7:40:17] those areas and we have over I [7:40:21] think it's over 26,000 units [7:40:23] entitled throughout the city [7:40:25] for various different types [7:40:26] of housing development. And I [7:40:27] think what we're trying to [7:40:28] achieve with this policy is a [7:40:31] diversity of housing type. So [7:40:33] really sort of address that gap [7:40:35] where we don't have an [7:40:37] opportunity for this well you [7:40:40] know it is an increase in [7:40:41] density. We would still [7:40:42] consider this lower density [7:40:45] than some of those other areas. [7:40:47] we don't have opportunity for [7:40:48] these types of developments [7:40:49] around the city where you can [7:40:50] see, you know, rowhouses or [7:40:52] town townhomes or small [7:40:53] apartment blocks. So you know, [7:40:55] we don't want to go back and [7:40:57] reduce the density in any [7:40:58] of those growth areas to allow [7:41:00] for this type of development. [7:41:02] so we're looking for other [7:41:03] opportunities is and you know, [7:41:05] the most the most practical [7:41:09] alternative is to find a [7:41:10] solution that's in keeping with [7:41:11] the neighborhood character in [7:41:12] our single family districts and [7:41:14] allow this you know what some [7:41:15] people refer to as gentle [7:41:17] density throughout the city in [7:41:19] a way that sort of equitable. [7:41:22] if I could just add to [7:41:24] councilmember jared ferguson, [7:41:25] principal planner, something we [7:41:27] haven't spent a ton of time [7:41:28] talking about but chris [7:41:29] mentioned in his presentation a [7:41:31] key point of what we were [7:41:32] undergoing in this for you [7:41:33] review is also a part of our [7:41:34] housing element to evaluate our [7:41:36] urban village strategy. It was [7:41:38] something mentioned in the [7:41:39] letter from hpd that they were [7:41:41] going to be monitoring but how [7:41:42] we could improve and speed up [7:41:44] how we do our urban village [7:41:45] plans because it is still an [7:41:47] emphasis that we do want to see [7:41:48] continued housing production in [7:41:50] those areas. But how do we [7:41:52] speed up the completion of the [7:41:54] plans for the 40 plus village [7:41:55] that haven't been planned since [7:41:58] 2011? So >> it is still a very [7:42:00] key and important aspect of how [7:42:02] we're going to produce housing. [7:42:04] but this is an additional [7:42:06] strategy to to produce units [7:42:07] above and beyond that. Thank [7:42:09] you for that explanation. But I [7:42:11] understand that even though we [7:42:12] estimated at 26,000 housing [7:42:15] toward the transit and the [7:42:17] major corridors but we haven't [7:42:19] seen those fruition >> until we [7:42:23] see the fruition we we can't [7:42:25] put the horse >> and the cart [7:42:27] before the horse. We have to [7:42:29] take one >> step at a time. We [7:42:32] see those fruition then we can [7:42:34] go okay, we can take the next [7:42:36] steps and I think it's [7:42:38] important that again I want to [7:42:41] make sure that even though [7:42:44] there's no one second [7:42:46] my substitution, I want to make [7:42:48] sure that the communication, [7:42:50] the transparency to our [7:42:52] residents out there continues [7:42:55] as we move forward. >> thank [7:42:57] you so much. Thanks, [7:43:00] councilmember and I appreciate [7:43:01] your emphasis on public input [7:43:02] which is why I also asked some [7:43:03] questions about how many town [7:43:06] halls and other outreach [7:43:07] opportunities have we had so [7:43:08] far and then over the next six [7:43:10] months or so, what's the [7:43:12] expectation for actually doing [7:43:13] even more because we certainly [7:43:15] don't want residents to come [7:43:16] here a year a year from now and [7:43:17] feel like they didn't have [7:43:18] ample opportunity to really [7:43:20] learn and engage and give [7:43:21] input. All right. Thank you, [7:43:23] councilor. Let's go now to [7:43:25] councilmember claudius. >> [7:43:28] thank you, mayor. And thank you [7:43:29] everyone from the public who [7:43:30] came out to speak today and [7:43:31] provided comments online even [7:43:33] though there are again a [7:43:34] diversity of opinions in the [7:43:35] room today. And I also want to [7:43:36] thank members of the planning [7:43:38] commission and planning staff [7:43:39] who've been working on this for [7:43:40] the better part of a year to [7:43:42] get us to this point. You know, [7:43:43] as I was preparing for today's [7:43:45] meeting I saw a headline that I [7:43:46] think really for me put the [7:43:47] stakes of these sorts [7:43:48] of decisions into context. I [7:43:50] think some of the public [7:43:50] commenters referenced that as [7:43:52] well and it was around the [7:43:53] publication of the 2026 silicon [7:43:55] valley pain index and that [7:43:57] report leads off with a pretty [7:43:59] sobering statistic which is [7:44:00] that there was yet another [7:44:01] study that identified san jose [7:44:04] as the least affordable city to [7:44:05] purchase a home anywhere in the [7:44:07] world. So I know throughout the [7:44:09] public comment tonight there [7:44:10] was a lot of talk about the [7:44:11] american dream and what that [7:44:12] means and I personally don't [7:44:14] think that we can sit up here [7:44:15] and pretend as if the american [7:44:16] dream is alive and well when [7:44:18] homeownership is so out [7:44:19] of reach for so many of our [7:44:21] residents here in san jose and [7:44:24] even amongst those who do [7:44:25] manage to purchase homes, data [7:44:27] from the american community [7:44:28] survey shows that over a third [7:44:29] of homeowners in san jose are [7:44:31] currently cost burdened and the [7:44:32] story is far worse for renters [7:44:34] with data showing that well [7:44:35] over half of renters in our [7:44:37] city are rent burdened. I've [7:44:39] said it before and >> I'll say [7:44:39] it again that in my limited [7:44:41] time in this office addressing [7:44:43] our housing affordability [7:44:44] crisis is my number one [7:44:45] priority and the fact is that [7:44:47] we know that the root cause >> [7:44:48] of that crisis is a severe lack [7:44:50] of housing. At the same time we [7:44:52] know that the city continues to [7:44:54] fall dramatically short of all [7:44:55] of our housing goals so far [7:44:57] with the most recent progress [7:44:58] report, we're on track to meet [7:45:00] about one third of our rina >> [7:45:01] obligation foley acknowledging [7:45:03] that other cities are also [7:45:04] struggling in that department. [7:45:06] but with that translates to is [7:45:07] a shortfall of about 40,000 [7:45:09] homes and critically this is [7:45:11] not some recent trend that we [7:45:13] can just attribute to the [7:45:14] pandemic or to the current [7:45:15] interest rate environment or to [7:45:17] tariffs driving up the cost [7:45:18] of materials. This is a trend [7:45:20] that has held for many years [7:45:23] and we've missed our housing [7:45:24] targets by a significant margin [7:45:26] every single year since 2014. [7:45:29] and to me that means that we do [7:45:30] need to look at new strategies. [7:45:32] I want to acknowledge that many [7:45:33] of the commenters here today [7:45:34] did clarify that they're not [7:45:36] opposed to all new housing. [7:45:37] they just question if it needs [7:45:38] to be happening in their [7:45:39] neighborhoods. And I think [7:45:40] folks have raised some very [7:45:41] well reasoned questions about [7:45:43] why we can't just meet our [7:45:45] housing goals or whether we [7:45:46] can't meet those goals by just [7:45:47] focusing on construction in our [7:45:49] urban villages and in downtown. [7:45:51] but I think that our history in [7:45:53] this domain has shown that the [7:45:54] honest answer to that question [7:45:56] is that no, we cannot. That [7:45:58] focus on trying to funnel [7:45:59] nearly all new housing growth [7:46:01] in our city into a tiny sliver [7:46:03] of our land has been the [7:46:05] dominant strategy that we have [7:46:06] pursued for housing growth [7:46:07] since the adoption of our [7:46:08] current general plan back in [7:46:10] 2011. And I think if we are [7:46:11] being honest with ourselves [7:46:13] that strategy has largely [7:46:14] failed and it is the most [7:46:15] vulnerable residents in our [7:46:17] community who have [7:46:17] disproportionately borne the [7:46:19] price of that failure. So to [7:46:21] me I think it's clear we need [7:46:22] to be open to new approaches [7:46:23] here and I think as a city we [7:46:25] need to move past the notion [7:46:26] that somehow we're going to [7:46:27] meet all of the new housing [7:46:28] need for a city of a million [7:46:29] people on just the without ever [7:46:32] touching the 80 or 90% of land [7:46:34] that is currently zoned to only [7:46:36] allow single family homes. You [7:46:38] know, folks have rightfully [7:46:39] questioned what this might mean [7:46:41] in terms of changes to their [7:46:42] neighborhood. I know my husband [7:46:43] gave public comment and he [7:46:44] noted that we live in between a [7:46:47] six plex and a five plex on a [7:46:49] block that has about half [7:46:50] single family homes and half [7:46:51] small apartment buildings. I [7:46:52] don't think that I've [7:46:53] personally seen in [7:46:54] my experience the sorts [7:46:55] of quality life concerns that [7:46:56] some folks are concerned about. [7:46:58] but change is scary. But I will [7:47:00] just say that rejecting this [7:47:01] proposal will not prevent our [7:47:03] neighborhoods from changing. [7:47:04] all it will do is further the [7:47:06] trends that we are already [7:47:07] seeing with growing [7:47:08] homelessness continued [7:47:09] displacement of our most [7:47:10] vulnerable residents. We will [7:47:12] continue to see the strain on [7:47:14] all of our teachers >> and our [7:47:15] public workers and our police [7:47:16] officers who can't afford to >> [7:47:18] live in the cities that they [7:47:19] serve. And we'll see the [7:47:20] continuing impacts on families [7:47:22] as young people are priced out [7:47:24] of >> the city because they [7:47:25] realize that they can't afford [7:47:26] to raise children here. I also [7:47:27] think it is important that we [7:47:28] as a council move forward with [7:47:29] this proposal on missing little [7:47:32] housing today. I did want >> to [7:47:34] just touch on a couple of the [7:47:35] things that I heard because I [7:47:36] think there's been a lot [7:47:36] of confusion and misinformation [7:47:38] around some of these proposals. [7:47:40] you know, we repeatedly heard [7:47:41] people referencing 16 unit [7:47:43] apartment buildings, 20 unit [7:47:44] apartment buildings, people [7:47:45] saying that this will make us [7:47:46] denser than new york city. I [7:47:48] just want to be absolutely [7:47:48] crystal clear that that is not [7:47:50] what this proposal is about. [7:47:52] for the vast majority of the [7:47:53] single family lots in the city, [7:47:54] this proposal will translate to [7:47:56] a modest increase over what is [7:47:57] already allowed under state law [7:47:59] as the mayor outlined most [7:48:00] likely 2 to 6 primary homes on [7:48:02] most parcels throughout the [7:48:04] city. >> and we have also heard [7:48:05] that this proposal was extreme [7:48:07] but it is way out of alignment [7:48:09] with what other major cities [7:48:10] are doing to tackle our housing [7:48:11] crisis. I don't think that that [7:48:13] is borne out in the data that [7:48:15] I've seen and if anything I [7:48:16] think that the program that [7:48:17] we're proposing here is [7:48:18] actually much more modest than [7:48:20] what some other cities are [7:48:21] doing. A couple of years ago [7:48:23] washington state passed a law [7:48:24] that legalized six units per [7:48:26] single family parcel in every [7:48:27] single major city in the state. [7:48:29] and here in california, [7:48:31] san diego already allows seven [7:48:32] units per single person single [7:48:34] family home parcel >> which [7:48:35] works out to about 30 to 50 [7:48:37] dwelling units per acre more [7:48:38] than we're proposing here in [7:48:40] berkeley as was mentioned about [7:48:41] 70 dwelling units per acre more [7:48:43] than double what san jose is [7:48:44] evaluating and sacramento has [7:48:46] no density cap at all. On the [7:48:48] missing middle programs in [7:48:49] their residential zones [7:48:50] allowing ten or more units on [7:48:51] single family lots. And finally [7:48:54] I just want to speak to this [7:48:54] notion that this is not a [7:48:56] required program. You know, [7:48:58] staff has already spoke to the [7:48:59] risk of decertification by hpd [7:49:02] and I agree that that is not [7:49:03] something that would be [7:49:04] immediate but I do think it is [7:49:05] a very real risk. The city made [7:49:07] very clear commitments in our [7:49:08] housing element that we would [7:49:09] allow 4 to 10 units on parcels [7:49:11] throughout the city. We provide [7:49:13] additional metrics in terms [7:49:14] of how many total additional [7:49:16] residential units of capacity [7:49:18] would be added. And I reached [7:49:20] out to the housing [7:49:21] accountability chief with hpd [7:49:23] myself and said point blank if [7:49:25] the city tries to walk back its [7:49:26] commitments here, if we don't [7:49:27] move forward with this program [7:49:29] or if we try to downscale the [7:49:30] program below what was [7:49:31] committed in the housing [7:49:32] element, would that be grounds [7:49:34] for decertification? And she [7:49:35] said quote yes. Should the city [7:49:37] choose not to implement the [7:49:37] housing programs it should can [7:49:39] review the inaction and revoke [7:49:40] its finding of compliance. So I [7:49:42] think that the >> potential [7:49:43] ramifications here we cannot [7:49:45] pretend as if they are [7:49:46] imaginary. Finally, since I [7:49:48] know there were some questions [7:49:49] about the memo from myself and [7:49:51] council member committee, I [7:49:52] want to speak to a couple [7:49:53] of those items. I think the one [7:49:55] that we are most excited about [7:49:56] or I'm most excited about I [7:49:57] won't speak for my colleague is [7:49:59] the local density bonus [7:50:01] program. And I think it's [7:50:02] actually timely that we are [7:50:03] hearing this item now because [7:50:05] we just saw with item 10.2 a [7:50:07] missing middle housing [7:50:09] application that we're actually [7:50:10] leveraging state density bonus [7:50:12] law and with that application [7:50:14] we saw that they waived height [7:50:15] limits, they waived [7:50:16] requirements around lot [7:50:17] coverage, they waived setbacks. [7:50:19] they basically got to just [7:50:20] ignore all of the local [7:50:21] development >> standards that [7:50:23] we as a city set. So the idea [7:50:25] behind this program is that [7:50:27] since legally the city cannot [7:50:29] prevent >> builders from [7:50:30] pursuing this state density >> [7:50:31] bonus but what we could do is [7:50:34] provide an appealing local [7:50:35] alternative >> density bonus [7:50:37] program that actually does [7:50:38] preserve local control. So that [7:50:40] is the intent of what is [7:50:41] recommended in our memo. We can [7:50:43] set up an alternative local [7:50:45] pathway that they can pursue [7:50:47] that does require that [7:50:48] applicants adhere to local [7:50:49] development standards things [7:50:51] like building heights setbacks [7:50:52] and open space requirements. [7:50:54] and we can use that to provide [7:50:55] an incentive for builders [7:50:56] of missing little programs to [7:50:58] actually make sure that they're [7:50:59] building missing little [7:50:59] projects that are a good fit [7:51:01] for our community. And then [7:51:03] just speaking again on the [7:51:06] increased height limits that [7:51:07] are proposed near downtown [7:51:08] transit hubs, I'm fairly open [7:51:10] minded here. I would defer to [7:51:12] staff in terms of what they [7:51:13] evaluate as appropriate here. [7:51:15] we have been primarily trying [7:51:16] to target the kind of highest [7:51:18] capacity transit nodes that are [7:51:20] already in existing denser [7:51:22] neighborhoods that have kind [7:51:24] of well connected [7:51:25] pedestrianized grid networks. [7:51:27] understanding that some [7:51:28] of those, you know, peripheral [7:51:30] downtown transit hubs are close [7:51:31] to the freeway. Maybe there is [7:51:33] not a clear walking path to [7:51:34] actually get to the other side [7:51:35] of the freeway. So we would [7:51:37] just recommend that staff come [7:51:38] back with some recommendations [7:51:39] around this specific subset [7:51:41] of downtown downtown transit [7:51:43] stations that they think would [7:51:44] be appropriate for this kind [7:51:45] of increased but still [7:51:46] transitional height limit [7:51:48] of 45ft. So with >> oh sorry I [7:51:51] was just going to say I'm going [7:51:52] to take those those sound like [7:51:53] friendly amendments. I want to [7:51:54] give you and councilor cohen an [7:51:55] opportunity to maybe dialog and [7:51:57] see if that gets you. >> [7:51:58] absolutely. I was going to [7:51:59] request a friendly amendment [7:52:00] for the elements that were left [7:52:02] out of the original motion [7:52:03] which I believe is item one and [7:52:06] item four >> and four wasn't [7:52:09] left out. I put it in but I [7:52:10] just want to make sure there's [7:52:11] clarification and I, I guess I [7:52:12] can ask staff on this one it's [7:52:14] I mean I don't want to [7:52:15] wordsmith and try to decide [7:52:16] what downtown means today but [7:52:19] you would interpret this to [7:52:20] mean you would come back with a [7:52:21] reasonable program that would [7:52:22] allow some flexibility on where [7:52:24] the boundaries are, where it [7:52:25] would apply. That's correct. [7:52:27] okay. So that's I mean we [7:52:28] already included that one. The [7:52:29] other one I just want to ask [7:52:30] the question so the advantage [7:52:31] of this is a >> a speed [7:52:34] question. They could do it [7:52:35] faster >> than they could with [7:52:36] the state density bonus or [7:52:37] what's the well, I guess I just [7:52:39] was curious about what would [7:52:40] lead somebody to choose the [7:52:41] local versus the state density [7:52:43] bonus. I think a component [7:52:45] of it could be speed. I think [7:52:46] it could also be based on what [7:52:48] other other requirements staff [7:52:49] would recommend including as [7:52:51] criteria for pursuing the local [7:52:53] path. I think we would need [7:52:55] something if we're going to ask [7:52:56] developers to kind of waive the [7:52:58] ability to exceed local design [7:53:00] standards. So maybe that means [7:53:02] that we adjust the [7:53:03] affordability thresholds to tap [7:53:04] into the density bonus program. [7:53:06] maybe it means a faster [7:53:07] guaranteed many ministerial [7:53:09] permit timeline. I just think [7:53:10] that it would be valuable to [7:53:11] have a local alternative so [7:53:13] that we don't see all of these [7:53:13] projects just tapping into [7:53:15] state density bonus law to [7:53:16] exceed any development [7:53:17] standards that staff comes up [7:53:19] with in partnership with our >> [7:53:20] communities. I think it's an [7:53:21] intriguing >> idea. Let me just [7:53:22] ask one question of staff on [7:53:23] this one. You know, there's a [7:53:25] lot of stuff being loaded on [7:53:26] here. There's a lot of other [7:53:26] stuff being worked on. So just [7:53:27] what is your feeling about what [7:53:30] this does to the timeline [7:53:31] of this or the your your [7:53:33] ability to to create such a [7:53:35] program as well also doing all [7:53:37] the other things that are being [7:53:38] asked for >> here. So so we [7:53:41] agree there's a lot [7:53:42] of opportunity here and I [7:53:43] actually think you know there's [7:53:44] a lot of really good work for [7:53:46] us to do. Obviously would love [7:53:48] to be able to do it all as [7:53:49] quickly as possible. So we're [7:53:51] currently in the process [7:53:52] of doing that analysis so we [7:53:54] can come back on october 6th to [7:53:56] have the conversation. I think [7:53:58] part of that was waiting for [7:53:59] this conversation so we could [7:54:00] see what kind of gets added. [7:54:02] some of it gets sequenced in [7:54:04] right and there's a sequential [7:54:05] aspect. Some of it needs to be [7:54:06] prioritized and we have to make [7:54:08] choices of some aspects ahead [7:54:10] of others. So I think, you [7:54:12] know, we'll need to hear how [7:54:14] the conversation goes and then [7:54:15] come back on october 6th with a [7:54:17] sort of full analysis. But [7:54:18] again, I think it would fit [7:54:20] within that context and and you [7:54:23] know, it's appropriate for us [7:54:24] to look at it though. So so >> [7:54:25] I will accept it with the [7:54:26] understanding. I think that [7:54:28] amongst the dozens of things we [7:54:30] have asked over the years for [7:54:31] this department to handle, we [7:54:32] will be prioritizing all [7:54:33] of those in october and this [7:54:35] will be part of that [7:54:35] conversation. So that would be [7:54:38] yeah, I foley expect that this [7:54:39] should be prioritized alongside [7:54:41] everything else on staff's, you [7:54:42] know, hefty plate. The only [7:54:44] other thing that we'll note and [7:54:45] we noted this in the memo as [7:54:46] well is that another housing [7:54:47] element program that the city [7:54:48] did commit to was evaluating [7:54:50] expanding our at the local [7:54:51] density >> bonus opportunities. [7:54:54] so we think that this is [7:54:54] actually aligned with existing [7:54:56] work that staff has already [7:54:56] tentatively committed to for [7:54:58] 2027 in the housing >> element. [7:54:59] >> I got to ask this. Sorry I [7:55:02] have to ask the second or if [7:55:04] she'll accept this so so you're [7:55:05] >> accepting it as a friendly [7:55:07] amendment? I'm concerned about [7:55:08] the scope that it's adding on [7:55:10] to staff and I just hate to add [7:55:14] something to staff and then [7:55:15] come back on october 2nd six [7:55:18] and we all say oh yeah, that's [7:55:19] too much. And now we've taken [7:55:21] it away. What's your what's [7:55:23] your. I mean if it says to be [7:55:26] reviewed as a priority in [7:55:28] october 6th I'm happy with [7:55:29] that. >> yeah, I think that [7:55:31] makes sense to us. Again, we [7:55:33] have to there's a let me pause [7:55:36] for a second. There's obviously [7:55:38] a finite capacity into how much [7:55:40] work we can get done. You know, [7:55:42] certainly within the next six [7:55:43] months we have plans and our [7:55:44] work plan across the next 3 to [7:55:46] 5 years. You know, really what [7:55:49] we're looking at is is not to [7:55:50] sort of say none of this is [7:55:52] good work. It's about how does [7:55:53] it sequence and how does it fit [7:55:55] together. And that's really the [7:55:56] priority conversation that [7:55:57] we'll be having in october. [7:55:59] it's not to say hey, throw all [7:56:01] of this stuff out. We don't [7:56:02] want to do it anymore. It's [7:56:03] about hey, we really need to do [7:56:04] this work up front. So you [7:56:06] know, probably highest priority [7:56:09] for us is the work that we will [7:56:10] sort of get out of this [7:56:11] conversation to move forward [7:56:13] those programs in the existing [7:56:14] housing element and prepare us [7:56:16] for the next housing element as [7:56:17] well as anything that touches [7:56:19] existing state laws that we're [7:56:20] trying to implement. So we [7:56:21] would fit it in within that [7:56:23] context and then look at the [7:56:24] rest of you know, what's on the [7:56:25] plate to make a best guess [7:56:28] at how that then sequences [7:56:29] after. >> oh okay. All except [7:56:32] it in in those terms. But it's [7:56:36] very complicated and for for [7:56:39] me to understand it I'm having [7:56:41] a hard time getting my head [7:56:43] around what the implications [7:56:45] are, what are the unintended [7:56:46] unintended consequences of it [7:56:48] so I think by october 6th when [7:56:51] it comes back we'll be able to [7:56:53] have more of a discussion about [7:56:54] unintended consequences of it. [7:56:56] but but for now I'll accept it [7:56:58] as a friendly amendment. Okay. [7:57:00] and councilor >> richards, you [7:57:02] had the floor. Was that your [7:57:03] last your last piece? Okay, [7:57:04] great. So I'm going to turn now [7:57:05] to thank you and I'll turn to [7:57:07] councilmember condell us. Thank [7:57:10] >> you, mayor. First of all, [7:57:12] thank you to chris and your [7:57:13] staff for the work today and [7:57:15] also for the presentation this [7:57:17] evening as as well as to [7:57:18] my brown art group for >> their [7:57:20] conversation and engagement and [7:57:22] policy debate that we had the [7:57:24] last couple of weeks. And you [7:57:26] know, I also >> want to take a [7:57:27] brief moment to folks who are [7:57:29] still >> here or listening on [7:57:30] line who came out and spoke on [7:57:33] this item. You know this is a [7:57:35] major moment for policymaking [7:57:38] in our city and our impacts and [7:57:40] our community's voice is [7:57:41] important in helping us [7:57:42] understand the impact of our [7:57:43] decisions. And you know, there [7:57:45] are there are a few areas that [7:57:46] I want to speak to and the [7:57:48] first is yes, state law has [7:57:52] already taken a lot of land use [7:57:54] authority from cities. However, [7:57:57] there is a difference to what [7:57:59] could be done to what is being [7:58:01] proposed as someone who earlier [7:58:03] noted I don't know if they're [7:58:04] still here there appears that [7:58:06] we're quote unquote overdoing [7:58:07] it. And you know, I'm going to [7:58:09] be blunt. I believe that we're [7:58:11] being asked to essentially take [7:58:13] a shortcut a one size fits all [7:58:16] approach that treats the entire [7:58:18] city as if every neighborhood [7:58:20] is the same not not to mention [7:58:22] proposed projects under this [7:58:23] program are by right >> I make [7:58:26] little to no public comment. [7:58:28] again from the staff [7:58:29] recommendation raising the [7:58:31] density limit from eight units [7:58:32] per acre to 32 units per acre [7:58:35] across roughly 85% of our [7:58:37] of our residential >> land. You [7:58:39] know it's not thoughtful enough [7:58:41] this blanket this blanketing [7:58:44] of the city with a single [7:58:45] number and calling it progress. [7:58:48] and while yes it's it's under [7:58:50] state law developers can [7:58:52] already get these densities [7:58:53] it's not our policy it's state [7:58:55] law and so san jose is not [7:58:57] uniform. San jose has different [7:59:00] neighborhoods that sit near [7:59:01] frequent transit walkable [7:59:03] commercial corridors, existing [7:59:05] infrastructure, other [7:59:07] neighborhoods not so much. And [7:59:09] by choosing this blanket [7:59:11] approach I think we avoid the [7:59:12] harder work of identifying [7:59:14] which areas we can genuinely [7:59:16] support more housing sequencing [7:59:18] the transit and infrastructure [7:59:20] investments and writing [7:59:22] standards that respect [7:59:23] different neighborhoods context [7:59:25] things like egress, ingress, [7:59:28] public safety response times, [7:59:30] parking minimums and [7:59:31] development standards. You [7:59:33] know, instead of doing the the [7:59:35] careful analysis, I think the [7:59:36] proposal simply multiplies the [7:59:38] density number of by four and [7:59:39] applies it citywide. You know, [7:59:42] I want to be clear that, you >> [7:59:44] know, this is not an opposition [7:59:45] to housing as several folks [7:59:47] have said that it's opposition [7:59:48] to what appears to be careless [7:59:51] housing policy and the [7:59:53] unintended consequences that [7:59:54] may create. And you know, I [7:59:56] think we deserve a thoughtful [7:59:58] approach that respects the [7:59:59] differences between our [8:00:00] neighborhoods and recognizes [8:00:02] that once density grants a [8:00:03] rights are granted, they're [8:00:05] extremely we can't we can't [8:00:07] take it back. We know the state [8:00:08] law doesn't let us down so and [8:00:10] so you know, when this comes [8:00:12] back to us next december, our [8:00:15] options are going to be limited [8:00:16] based on the alternatives and [8:00:18] the direction we provide staff [8:00:19] today. So that's what makes [8:00:21] this this conversation that [8:00:22] much more vital. You know, I [8:00:25] think there's there's there's [8:00:26] an important point that I want [8:00:27] to quickly touch on is you [8:00:29] know, there's a power dynamic [8:00:31] with with cd that it [8:00:32] essentially forces our hand to [8:00:34] make decisions you know that [8:00:36] that are you know can perceived [8:00:39] to be against our residents and [8:00:41] the will of our residents the [8:00:42] people who for us on the dais [8:00:44] who voted us in. And so you [8:00:46] know I don't I don't buy this I [8:00:47] believe we have the right to [8:00:49] implement a program as we see [8:00:51] fit. And so when it comes to [8:00:53] housing affordability and [8:00:54] spurring development, I've seen [8:00:56] our council take a balanced [8:00:57] approach to not only taking [8:01:00] every option available to us to [8:01:02] make a difference but doing so [8:01:04] in a way that doesn't [8:01:05] compromise our city's fiscal [8:01:07] sustainability and the quality [8:01:08] of life for our residents. You [8:01:09] know, in march 2025 this [8:01:11] council unanimously adopted [8:01:14] direction to the administration [8:01:16] to explore densify outside [8:01:18] of our growth areas where the [8:01:19] market dictated excluding [8:01:22] excluding high vmt >> areas, [8:01:24] having empty areas have been [8:01:25] identified as part of our city [8:01:27] that lack reliable transit [8:01:29] options with limited routes for [8:01:31] for again getting in and out [8:01:32] of it out of those areas we [8:01:34] have deemed these areas read on [8:01:35] a map for a reason and again a [8:01:39] couple of months later in june [8:01:40] 2025 staff returned with the [8:01:42] memo mirroring the language [8:01:44] that was proposed in the scope [8:01:45] of work for the general plan [8:01:46] four year review and I quote [8:01:49] staff will include in the [8:01:50] analysis city council direction [8:01:52] from the march budget message [8:01:54] to expand growth areas to where [8:01:55] there is current market demand [8:01:56] for housing and employment uses [8:01:58] except in areas with a medical [8:02:00] >> vmt impacts this direction [8:02:04] was approved unanimously by [8:02:06] this council and yet the [8:02:08] recommendations before us takes [8:02:10] us to a different path applying [8:02:12] uniform density across the city [8:02:15] than the more targeted approach [8:02:17] and I understand the concerns [8:02:18] as explained by staff. I get it [8:02:20] but it's very disheartening to [8:02:23] to be here and not have this [8:02:26] flag or not have the concerns [8:02:28] of potential decertification as [8:02:30] a threat beforehand >> and or [8:02:33] you know, at the 11th hour [8:02:35] getting a phone call from aicd [8:02:37] essentially saying hey, you're [8:02:39] going to be decertified and [8:02:42] yes, it's not overnight and [8:02:43] yes, it's a series of lack [8:02:45] of implementation of what we [8:02:47] said we were going to do [8:02:48] through the through the housing [8:02:49] element. But it just does not [8:02:52] sit well with me. And you know, [8:02:53] I appreciate [8:02:55] councilmember cohen's motion [8:02:58] and the ability to try to get [8:02:59] something but but I just wanted [8:03:02] to express my frustration and I [8:03:05] in the spirit of of [8:03:08] collaboration I may offer up a [8:03:09] few more comments but that's [8:03:11] that's I look forward to [8:03:13] hearing from the rest of my [8:03:14] colleagues before I do so >> [8:03:15] thanks. Thanks. [8:03:17] councilmember >>. >> all right. [8:03:22] let's go to [8:03:24] councilmember ortiz. Thank you, [8:03:27] mayor. I want to start by [8:03:29] thanking city staff the [8:03:30] planning commission for all [8:03:32] your work that has gone into [8:03:34] this four year review. I >> [8:03:36] want to begin just with one [8:03:38] of the additions in our memo [8:03:39] that I believe is particularly [8:03:40] important for serious >> about [8:03:42] meeting our housing goals. Then [8:03:44] we also need to look at our own [8:03:45] processes and identify where we [8:03:47] may be creating unnecessary [8:03:49] barriers or delays for [8:03:50] projects. Right now applicants [8:03:53] >> have only one opportunity [8:03:54] each year to advance a general [8:03:56] plan amendment. If they miss [8:03:57] that window >> it can mean [8:03:59] waiting another year while [8:04:01] continuing to carry land [8:04:02] financing and pre-development [8:04:03] >> costs for some projects that [8:04:06] additional >> time and expense [8:04:08] can make the difference between [8:04:09] whether a viable project moves [8:04:11] forward or whether it doesn't. [8:04:14] our recommendation which >> was [8:04:15] accepted into [8:04:18] councilmember collins motion [8:04:20] creates an >> additional [8:04:21] general plan amendment cycle [8:04:22] for residential, commercial and [8:04:24] public quasi public sites [8:04:26] giving us another opportunity [8:04:27] to move projects forward [8:04:29] without changing any of the [8:04:30] underlying review or approval [8:04:32] requirements. I also want to [8:04:35] say even though it's not really [8:04:37] my district, I do support the [8:04:38] vmt and vmt based protections [8:04:41] in our memo >> given sb 70 >> [8:04:46] nine and sb nine. Majority [8:04:48] of my district >> is already on [8:04:50] the road to being >> extremely [8:04:52] dense so this vote doesn't [8:04:53] really impact my area that [8:04:55] much. But I think sometimes we [8:04:58] get individuals who get really [8:05:00] >> bogged into dogmatic policy. [8:05:03] I call them policy wonks and [8:05:05] things are good on paper. [8:05:07] however, when we actually move [8:05:08] forward with development they [8:05:10] >> don't actually make sense. I [8:05:11] think the faa in downtown [8:05:13] san jose was a good example. [8:05:14] people do not want housing [8:05:16] without parking and especially [8:05:18] >> in areas >> like east [8:05:22] san jose where they're spread [8:05:23] out and we don't have the best [8:05:26] transportation system already [8:05:27] developed. It makes things [8:05:29] difficult especially for [8:05:30] working >> class people who [8:05:31] rely on their cars. And so [8:05:35] while >> you know, the the [8:05:37] addition of potential parking [8:05:40] in the overall motion was [8:05:42] included, it won't necessarily [8:05:45] impact my district given >> you [8:05:47] know, the level [8:05:48] of transportation that exists [8:05:49] >> there. I think it's good [8:05:51] because as we look at our city [8:05:53] sprawling out and expanding, [8:05:56] these developments are going to [8:05:57] need parking because people >> [8:05:59] want in city of san jose people [8:06:01] will not go into apartments >> [8:06:04] or condos that don't provide [8:06:06] spaces for their cars. This [8:06:07] isn't new york and it's not [8:06:09] chicago. And so we need to make [8:06:10] sure that as we make our land [8:06:12] use decisions we reflect that. [8:06:14] I >> understand that we do need [8:06:15] to create additional housing [8:06:16] capacity citywide but I do [8:06:19] struggle with the idea that on [8:06:20] one hand we recognize that [8:06:21] higher densities make the most [8:06:22] sense in areas with strong [8:06:24] transit infrastructure and good [8:06:26] access to jobs and services [8:06:28] while on the other hand we [8:06:29] could apply essentially the [8:06:30] same density increases to [8:06:31] neighborhoods where residents [8:06:33] have fewer transportation [8:06:34] options, experience more [8:06:35] traffic and may already have to [8:06:37] drive further to >> meet their [8:06:39] everyday needs. We can [8:06:41] reconcile these two goals and [8:06:42] make sure we're thinking about [8:06:43] the infrastructure needed to [8:06:45] support density where we're [8:06:46] actually creating it. I'm >> [8:06:48] also generally supportive [8:06:49] of providing more flexibility [8:06:50] in our public quasi public [8:06:51] lands. There's a balance to [8:06:53] strike between preserving these [8:06:54] important community spaces and [8:06:56] giving schools faith [8:06:57] institutions and other property [8:06:59] owners more opportunities for [8:07:01] housing, child care, recreation [8:07:04] and community serving uses. And [8:07:06] with >> that, I do have a [8:07:07] couple questions for staff. [8:07:10] first, I'd like to better [8:07:11] understand how long we have >> [8:07:12] to decide on density and [8:07:14] whether we'll have more [8:07:15] definitive guidance on exactly [8:07:17] how high our dwelling units per [8:07:19] acre needs to be. How soon do [8:07:21] we need to make a final [8:07:22] decision on residential [8:07:24] neighborhood density to remain [8:07:25] compliant with the housing [8:07:27] element? >> thanks [8:07:30] councilmember. So this was [8:07:32] mentioned by [8:07:33] councilmember tordillos as [8:07:34] well. There are some both [8:07:36] timeline and metrics associated [8:07:38] with the program. So there are [8:07:40] specific milestones we're [8:07:41] supposed to meet. And so we're [8:07:44] already a little bit behind [8:07:46] some of those milestones in [8:07:47] terms of when we would have [8:07:48] these land use decisions done. [8:07:50] so I think as long as we're [8:07:51] continuing to show progress and [8:07:53] show work that we're going [8:07:54] forward with these things, you [8:07:56] know, we can we can stay [8:07:57] compliant. But if we continue [8:07:59] to delay, that's when we would [8:08:01] get into a situation where they [8:08:03] may look unfavorably on us. So [8:08:05] there's not a hard deadline but [8:08:07] there are deadlines that we've [8:08:08] committed to that we've not [8:08:10] foley kept up with so far. So [8:08:12] not hard deadlines. So >> when [8:08:15] you give me an example >> sorry [8:08:17] there are specific deadlines in [8:08:18] terms of months of when we [8:08:19] would make decisions in the [8:08:21] housing element under p 35 it [8:08:23] has a specific point and date I [8:08:25] believe 26th december of 2026 [8:08:30] was when the first milestone is [8:08:32] technically >> we do have some [8:08:33] months. Yeah and then there's [8:08:38] october of 2026 was when we [8:08:40] were supposed to we're supposed [8:08:41] to have design standards [8:08:42] approved and under our current [8:08:44] timeline we're suggesting [8:08:45] december of 27 when we'd have [8:08:47] those approved. So we're [8:08:48] already a little bit behind and [8:08:50] so that's why you know, [8:08:51] continued to make progress is [8:08:52] important and have some [8:08:53] decisions made in terms of what [8:08:55] direction we're but in reality [8:08:57] we wouldn't be the only city [8:08:58] behind. There's plenty [8:08:59] of cities that aren't [8:09:00] necessarily in good standing [8:09:01] with hpd. So it's important as [8:09:05] chris was was mentioning is [8:09:06] that we continue to show [8:09:07] progress on those programs. [8:09:09] those are the types of things [8:09:10] that they are enforcing on in [8:09:11] terms of what commitments we [8:09:13] made in terms of decisions and [8:09:14] policy programs. You know, I [8:09:17] think where where there are [8:09:18] things outside of our control [8:09:20] with the actual housing [8:09:21] production under the arena [8:09:22] that's not necessarily where [8:09:24] they're choosing to enforce [8:09:25] because they understand that, [8:09:26] you know, those are things [8:09:28] outside of our control but [8:09:29] where we can implement programs [8:09:31] and are not making progress, [8:09:32] that's where we could really, [8:09:34] you know, run into an issue and [8:09:36] where they're really monitoring [8:09:37] us closely. Okay. >> so again, [8:09:40] I'd like to understand what our [8:09:41] neighboring cities are doing. I [8:09:42] understand berkeley is doing I [8:09:43] think it was 70 but what is [8:09:46] sunnyvale doing? What is [8:09:47] cupertino doing? What are [8:09:48] cities doing in santa clara [8:09:50] county? I mean the city of san [8:09:51] jose is not going to solve the [8:09:53] housing crisis for the county [8:09:55] or for northern california. So [8:09:57] and we shouldn't be expected to [8:09:58] do so. And so what are other [8:10:00] cities doing? Are other cities [8:10:02] are already taking these votes [8:10:03] on how dense or are we rushing? [8:10:06] we don't need to be the first [8:10:06] city to vote on this >> [8:10:19] . So >> I can't I don't I can't [8:10:23] speak to specific smaller [8:10:25] cities in santa clara county in [8:10:26] terms of this type of missing [8:10:28] middle programs. We'd have to [8:10:30] look at their housing elements [8:10:31] more closely. I know in terms [8:10:33] of the larger cities in the bay [8:10:35] area and elsewhere in the [8:10:36] state. These are programs that [8:10:38] are typical in their housing [8:10:40] elements. We were just talking [8:10:42] to oakland, the city of oakland [8:10:45] the other day and they also [8:10:46] have a similar program and are [8:10:47] currently working on general [8:10:48] plan updates and looking [8:10:50] at increased density in their [8:10:51] single-family so they're so [8:10:53] they're looking >> at it. [8:10:55] they're not voting on it yet. [8:10:56] how far away I mean that's what [8:10:57] I'm trying to understand are we [8:10:58] like the first city in [8:11:00] santa clara county doing this [8:11:01] or why can't we have a [8:11:02] conversation and stop and [8:11:03] realize, you know, actually [8:11:05] where we're at? So they'll be [8:11:07] bringing forward those changes [8:11:08] in the coming months to their [8:11:09] city council in months. Okay. [8:11:11] so then we are we are moving [8:11:13] at a faster rate. So how are we [8:11:16] more susceptible to being [8:11:17] referred other than we [8:11:18] got council members calling [8:11:19] oecd on us? Other than that, [8:11:22] how are we more susceptible >> [8:11:23] to hd and us being in [8:11:25] non-compliant? So in comparison [8:11:27] to these other municipalities [8:11:29] obviously you know wouldn't [8:11:30] want to speak too much for [8:11:32] oecd. But what I will say [8:11:33] council members is when you [8:11:34] take the statewide housing [8:11:36] element program, the vast [8:11:37] majority of units added through [8:11:39] all of the housing elements [8:11:40] reside in the largest cities in [8:11:42] the state. Right. And as such [8:11:43] we've seen, you know, [8:11:45] noncompliance letters or [8:11:47] actions taken against, you [8:11:49] know, san diego with their adu [8:11:50] law. You know, there's been [8:11:51] interventions around l.a on [8:11:53] some of their permitting [8:11:54] questions and their [8:11:54] applications. San francisco had [8:11:56] an unprecedented intervention [8:11:58] based on some of their [8:11:59] processes. So we do draw more [8:12:02] attention by nature that we are [8:12:03] the third largest city in the [8:12:04] state and we have you know a [8:12:06] considerable amount [8:12:08] of statewide capacity resides [8:12:09] in the big cities. >> what I [8:12:12] still would have liked to have [8:12:13] as we took this vote to get an [8:12:14] understanding of what our our [8:12:16] neighboring cities would have [8:12:17] done, I think that's important [8:12:18] for us as a council to do so [8:12:21] especially as we are thinking [8:12:22] about votes that may change the [8:12:24] essentially who our city is the [8:12:27] culture of our city. You know I [8:12:29] am a renter. I have lived in [8:12:31] apartments. You know, I know [8:12:33] what that's like. You know, [8:12:34] I've I grew up in a single [8:12:35] family home but in my district [8:12:37] people already living like [8:12:38] this. I want to be brutally [8:12:38] honest with everybody. I grew [8:12:40] up in a single family home. [8:12:41] there was three families that [8:12:43] lived there. And here's [8:12:44] san jose. We have no parking [8:12:45] because that's that's the [8:12:47] reality. So at the end of the [8:12:48] day the vote today doesn't [8:12:49] impact my district. I just want [8:12:51] to make sure that if we're [8:12:52] taking an important >> vote [8:12:53] like this, we're doing so with [8:12:55] all >> the information we need [8:12:57] and crossing our t's and dot in [8:12:59] our eyes and I just I feel like [8:13:01] we are rushing and I feel like [8:13:02] there's a there is a heightened [8:13:05] >> level of haziness that's [8:13:09] that's been pushed on this [8:13:10] council and I don't I don't [8:13:12] appreciate that I don't I don't [8:13:13] feel I feel like you know part [8:13:15] of this council is forcing the [8:13:16] other part of the council to [8:13:17] make this well thank you >> [8:13:24] okay let's let's keep going and [8:13:28] we will turn now to council [8:13:29] member committee. Thank you so [8:13:35] much. I want to thank all [8:13:38] of the people who came out to [8:13:40] give us your thoughts. We've [8:13:41] had a lot of emails, a lot [8:13:44] of information, a lot [8:13:45] of letters. There's been quite [8:13:47] a bit of engagement. So thank [8:13:49] you so much. I want to thank >> [8:13:52] the >> the department for all [8:13:55] of the work that you've done. I [8:13:57] especially want to thank jared [8:13:59] ferguson who you know we've [8:14:01] been sort of having him on [8:14:02] speed dial and director burton [8:14:05] as well, you know, in terms [8:14:07] of answering questions and [8:14:08] doing a lot of work on this. So [8:14:11] thank you very much. I want to [8:14:12] thank my colleagues. I think [8:14:14] you we all worked really hard [8:14:16] on our memos and tried to move [8:14:18] something that was manageable [8:14:21] and to move forward in our >> [8:14:23] process here now I want to talk [8:14:26] about a little bit on the you [8:14:28] know, what are we doing here [8:14:29] today >> and what it is and [8:14:31] what it isn't because I've [8:14:32] heard a lot of >> different [8:14:35] understandings of of what we [8:14:37] are today doing. We aren't [8:14:40] rezoning anything. We aren't [8:14:43] adopting any changes in the [8:14:45] general plan or making an [8:14:46] amendment. Nobody will be able [8:14:48] to leave here today or tomorrow [8:14:50] and apply for to build anything [8:14:52] under any of the land use [8:14:53] policies that we are discussing [8:14:56] so this is to >> give [8:14:58] direction. We're discussing the [8:15:00] parameters of future policy. So [8:15:02] this is part of a very long [8:15:04] process and there was a slide [8:15:07] today that shows where we are [8:15:09] in that process. You know it's [8:15:14] going to be for the adoption [8:15:15] and defining the outer [8:15:16] boundaries of environmental [8:15:18] study so that whatever >> the [8:15:21] whatever action the >> council [8:15:23] ultimately takes we have a [8:15:26] sufficient study of what those [8:15:28] impacts are. The environmental [8:15:30] impact is like tailoring a [8:15:32] garment. You could always [8:15:33] reduce it and remove fabric but [8:15:35] you can't add to it. Similarly [8:15:38] we can't enact regulations [8:15:41] which are whose impacts we [8:15:42] haven't studied >> so this will [8:15:45] give sort >> of the the [8:15:47] landscape of what the body [8:15:50] of study >> is going to be so [8:15:51] that when we do get the [8:15:53] information we will make an [8:15:55] informed decision on what those [8:15:57] impacts >> are. There will be [8:15:59] additional points in time for [8:16:01] the council and the public to [8:16:02] further define each of these [8:16:04] policies as we move forward to [8:16:07] eventually do a general plan [8:16:09] amendment at the end of 2020 [8:16:11] for 27 excuse me and for the [8:16:15] adoption and implementation [8:16:17] of ordinances and policy. So [8:16:19] today is a very important day. [8:16:22] it's a very key check in [8:16:25] between the beginning of this [8:16:27] discussion and what >> will [8:16:28] happen locally in in in the [8:16:31] future. >> so you know, I [8:16:34] wanted to say a little bit [8:16:35] about the density bonus law and [8:16:40] I'm going to kind of simplify [8:16:42] >> the you know what we were [8:16:45] considering in point one on our [8:16:48] memo with council member toward [8:16:50] dios. What it really is is that [8:16:53] >> at this point in time an [8:16:55] applicant could get in some [8:16:57] of the larger lots up to five [8:16:59] units. Right. And if they have [8:17:02] these five units on an existing [8:17:03] parcel they could did restrict [8:17:05] one and use the state's density [8:17:08] bonus >> law to toss out all [8:17:10] of the height all of the [8:17:11] setback and other standards are [8:17:14] item number one really proposes [8:17:16] a pathway >> that should be [8:17:18] preferable to state law so that [8:17:20] we would have local control [8:17:22] right? So we want to make it [8:17:24] more desirable. So the idea is [8:17:26] really to explore >> our own [8:17:30] density bonus law instead [8:17:32] of having them trigger once you [8:17:34] get the five you know I mean we [8:17:37] had an example today of more [8:17:38] than five so you know, I think [8:17:41] that that is certainly worth [8:17:43] considering and I'm glad that [8:17:45] it was made a part of the >> [8:17:47] friendly amendment. I just [8:17:48] wanted to clarify >> to make [8:17:49] sure that councilmember cohen [8:17:52] you had added item number two [8:17:55] to develop written health and [8:17:56] safety standards on projects. [8:17:59] so >> that was that was [8:18:01] included. Yeah, yeah, yeah. [8:18:02] okay. Okay. I just wanted to [8:18:04] confirm that >> and explore. [8:18:08] yes, yes >> that's fine. That's [8:18:10] fine. And you know I do [8:18:13] appreciate that many of the [8:18:16] residents mentioned the [8:18:19] fundamental changes to the [8:18:20] quality of life of our american [8:18:22] dream >> and I understand that [8:18:26] you know, I too worked very, [8:18:28] very hard, struggled very, very [8:18:32] much to be able to afford a [8:18:33] single family home. I know how [8:18:36] it changes. It does change the [8:18:37] character >> but the the what [8:18:41] we're trying to do today is [8:18:43] really to study what is going [8:18:46] to happen >> in those areas. So [8:18:49] I look forward to the resulting [8:18:53] information that will come to [8:18:54] us and look forward to being [8:18:59] able to continue the [8:19:00] conversation. Thanks [8:19:04] councilmember. Maybe just to [8:19:05] quickly combine the points from [8:19:07] councilmembers ortiz and [8:19:08] committee back to back there in [8:19:11] order to not rush to [8:19:12] prematurely close the door and [8:19:14] limit our optionality as [8:19:16] councilmember ortiz conveyed I [8:19:19] think councilor akamai's point [8:19:20] that we're setting a direction [8:19:21] for staff study is important. I [8:19:23] think councilor candles and [8:19:24] others have all pointed to [8:19:25] this. I think the question [8:19:27] right now that we have to [8:19:28] settle on today is what's [8:19:30] within the scope of what staff [8:19:32] is going to go study. It's not [8:19:33] a final decision but leaving it [8:19:35] out tonight basically precludes [8:19:37] us. It's not guaranteed we [8:19:40] could all decide to pull the [8:19:41] handbrake and add something in [8:19:42] but it gets a lot harder to add [8:19:44] new concepts later and it's not [8:19:45] fair to staff and it puts us [8:19:46] off track. So tonight is a [8:19:48] night to be and that's why I [8:19:49] appreciate we've got three [8:19:51] different memos, a lot [8:19:52] of different recs. I think [8:19:53] councilor condon an admirable [8:19:55] job of trying to put as many [8:19:56] pieces in we're not done. I [8:19:58] still see a lot of hands but [8:20:00] lest anyone think that we are [8:20:02] rushing to a conclusion I would [8:20:04] say read the memos from all the [8:20:06] council members which are [8:20:07] adding a lot of scope to what [8:20:08] staff is studying for the very [8:20:10] point that we don't want to [8:20:11] settle or or zero in today on [8:20:13] one answer we're giving a lot [8:20:15] of optionality and a range [8:20:17] intentionally here and there [8:20:18] may be more added as we go on [8:20:20] though I know we have some [8:20:21] limits to chris's team's [8:20:22] capacity. All right. Let [8:20:24] me turn now to [8:20:25] councilmember campos. Thank [8:20:29] you, mayor. I want to begin by [8:20:32] appreciating the members of our [8:20:34] community who have participated [8:20:36] in the general plan review [8:20:37] process for the past year for [8:20:40] those who have shared their [8:20:41] diverse opinions here today, I [8:20:44] thank you. I am also grateful [8:20:46] to the planning commissioners [8:20:47] who have spent many hours [8:20:49] during the general plan task [8:20:51] force meetings listening [8:20:52] carefully to public input and [8:20:54] putting together thoughtful [8:20:55] recommendations for council and [8:20:57] of course I want to thank [8:20:58] planning staff for their [8:20:59] significant and difficult work [8:21:02] to help the city meet the [8:21:04] housing needs of our community [8:21:05] and comply with complex and [8:21:07] challenging state mandates. [8:21:09] finally, I want to thank [8:21:10] my colleagues in the general [8:21:11] plan brown act group that I've [8:21:13] been working with and in the [8:21:14] spirit of compromise we have [8:21:16] prepared prudent [8:21:17] recommendations which I'll [8:21:19] speak to briefly. None of us on [8:21:22] council are oblivious to the [8:21:24] public comments that we've [8:21:25] received in our inbox that [8:21:26] we've heard tonight. Nor are we [8:21:29] ignorant about the housing [8:21:30] crisis and its impacts on [8:21:32] hundreds of thousands of our [8:21:33] neighbors. But the hard truth [8:21:35] is that our obligation to [8:21:36] comply with state law is real. [8:21:39] and as we've heard there are [8:21:40] severe consequences if we do [8:21:42] not make that good faith effort [8:21:44] to meet state mandates. Each [8:21:46] side has provided clear [8:21:47] guidance to our staff about [8:21:49] their expectations around the [8:21:50] housing element and if we do [8:21:52] not implement housing element [8:21:54] program p 35 which allows small [8:21:56] multifamily housing citywide [8:21:59] and if our housing element is [8:22:00] decertified we risk loss [8:22:03] of local control in return [8:22:05] of the builders remedy and loss [8:22:07] of eligibility for hundreds [8:22:09] of millions of dollars in state [8:22:10] grants for transportation [8:22:12] infrastructure and affordable [8:22:14] housing. But that's not the [8:22:16] only reason that we on council [8:22:18] have to make these tough [8:22:19] decisions. And I want to share [8:22:21] a personal story of an [8:22:23] experience that I had yesterday [8:22:25] that left me reflecting on the [8:22:27] vote before us today because [8:22:29] yesterday at southside [8:22:30] community center we hosted a [8:22:32] wildfire wildfire preparedness [8:22:34] town hall and on my way in I [8:22:36] noticed a young man who was [8:22:38] arriving with a suitcase but [8:22:40] instead of walking inside the [8:22:41] building he stayed outside [8:22:43] sitting on a bench in our past. [8:22:45] and as I walked back to my car [8:22:47] I noticed he was still sitting [8:22:48] on that bench. I went home and [8:22:51] I continued thinking about this [8:22:53] person who was about my age who [8:22:55] had no safe home to spend their [8:22:57] night who most likely spent the [8:22:59] evening outside because that's [8:23:02] the reality that we are facing [8:23:04] where too many older adults are [8:23:06] families with children and [8:23:08] youth aging out of foster >> [8:23:09] care are at risk [8:23:11] of homelessness in our city or [8:23:14] they're already experiencing [8:23:15] this and as a city as a [8:23:18] council. But most importantly [8:23:20] as a community I hope that we [8:23:22] can reset our north star and [8:23:24] framing for this general plan [8:23:26] conversation because we have [8:23:28] not built enough housing for [8:23:29] decades costs have increased so [8:23:32] much that the cost that most [8:23:34] of the housing in san jose is [8:23:36] not affordable to hundreds [8:23:38] of thousands of people who [8:23:40] struggle every single day to [8:23:43] make rent or people like me who [8:23:46] feel like they will never be [8:23:47] able to buy a house in their [8:23:49] hometown. I'm 32 and I live [8:23:52] at home with my parents. This [8:23:54] is why I'm proud to have worked [8:23:56] with my colleagues to find ways [8:23:58] to provide more affordable and [8:24:00] accessible housing in [8:24:02] my district district to the [8:24:04] southside community center is [8:24:05] what I want to speak to as an [8:24:07] opportunity for us to explore [8:24:08] public private partnership that [8:24:10] would bring new housing [8:24:12] including affordable homes [8:24:14] along with a new community [8:24:15] center by proactively amending [8:24:18] the general plan, the city can [8:24:19] subsequently go through an [8:24:21] extensive public process to [8:24:23] identify a development partner, [8:24:24] design a new community center [8:24:26] and public amenities and [8:24:27] provide much needed community [8:24:30] facilities and housing. And as [8:24:32] the property owner the city [8:24:33] would retain all land use and [8:24:35] planning discretion on the [8:24:37] southside community center [8:24:39] piece that is included on the [8:24:42] motion on the floor council [8:24:44] members command tordillos [8:24:45] remind us in their memo that [8:24:47] this action today is not the [8:24:48] final approval of any changes. [8:24:50] it is the framework for [8:24:52] necessary environmental review [8:24:54] and there will be many more [8:24:56] opportunities as we've heard [8:24:57] for the community to provide [8:24:58] input on development standards [8:25:00] and implementation. So I look [8:25:02] forward to supporting the [8:25:03] motion and continuing the [8:25:05] conversation over the next [8:25:07] year. Thank you, council [8:25:11] members. Let me turn now to [8:25:12] vice mayor. Thank you. I was [8:25:17] debating whether to say [8:25:18] anything because it's been said [8:25:21] by many of my colleagues and [8:25:22] much more eloquently than I can [8:25:26] say it. But first I want to [8:25:27] thank the staff for their [8:25:29] presentation and and [8:25:31] particularly ruth and jared for [8:25:34] presenting at the joint town [8:25:36] hall we had with the two and [8:25:38] ten last was it last week but [8:25:42] but thank you for that. I did [8:25:45] sit in on the final planning [8:25:48] commission meeting where the [8:25:50] planning commission voted to [8:25:51] move this forward and I found [8:25:54] it a very interesting but [8:25:56] confusing and complicated [8:25:58] conversation. This is not an [8:26:01] easy topic and I come from a [8:26:03] real estate world so to to [8:26:07] go through all of the [8:26:08] recommendations to listen to [8:26:10] the planning commission and I [8:26:11] know there are some planning [8:26:12] commissioners in the room thank [8:26:14] you so much for your time on [8:26:16] the task force and then as a [8:26:17] planning commissioner as well. [8:26:19] I really appreciate that this [8:26:23] is really difficult. Thank >> [8:26:26] you to also for all the public [8:26:28] comments both emails that I [8:26:31] received over the last couple [8:26:32] of weeks and today and while >> [8:26:36] I didn't respond to everybody I [8:26:38] did listen and read all of them [8:26:40] because I wanted to see where [8:26:41] you were coming from and [8:26:42] frankly I live one 2 in 1 [8:26:44] of those neighborhoods that is [8:26:47] going to be quote unquote up [8:26:49] zoned and that's of concern to [8:26:51] me because I'm going to have to [8:26:52] look at my neighbors after we [8:26:54] vote on after we approve [8:26:55] density and they're going to be [8:26:57] really disappointed at me on [8:26:59] how I make a vote, how I vote. [8:27:02] I also want to say that this is [8:27:04] the last time I will be voting [8:27:06] on the general plan when this [8:27:08] comes to us them in december [8:27:13] of 2027 I won't be here I term [8:27:16] out at the end of december and [8:27:17] so this decision that they will [8:27:21] be making I may be standing in [8:27:23] the audience coming in and [8:27:24] saying you're ruining [8:27:26] my neighborhood. I don't know. [8:27:28] but we'll see. We'll see. I [8:27:30] want to challenge you all to [8:27:32] continue. The engagement so far [8:27:36] has been really important and [8:27:38] and I want to challenge you to [8:27:40] continue to be involved, [8:27:42] continue to pay attention to [8:27:43] the issue as it goes forward [8:27:46] because as it's been explained, [8:27:49] this is the starting point. [8:27:50] this isn't the end. We are [8:27:52] giving direction for staff to [8:27:54] look at a variety of densities [8:27:57] but no decision is being made. [8:28:00] the decision on design [8:28:01] standards three storeys high [8:28:04] I've heard a lot of comments [8:28:05] about three storey high no [8:28:07] parking that was really [8:28:08] important that for me that we [8:28:10] added in the parking because I [8:28:12] was on council when we removed [8:28:14] parking a minimum parking as a [8:28:17] requirement we thought it would [8:28:19] rightsize itself and it did and [8:28:21] it didn't. But in the [8:28:22] neighborhoods we I really felt [8:28:24] we needed to bring back the [8:28:26] minimum requirements and staff [8:28:28] will take a look at that and [8:28:30] bring it in but your input is [8:28:32] really important from from all [8:28:34] sides because truthfully all [8:28:37] count all of us up here have [8:28:38] listened to what you have to [8:28:40] say to my council members [8:28:42] candela and ortiz >> I hear [8:28:45] your frustration and I don't [8:28:48] disagree with it. This feels [8:28:52] that it's a this is a very [8:28:53] complicated decision with a lot [8:28:56] of repercussions but you will [8:28:59] have a year plus to still craft [8:29:02] it and come back with the right [8:29:05] the right thing for the city [8:29:07] of san jose and for your [8:29:09] communities. I know there's [8:29:11] some pressure to to create a [8:29:15] boundary with vehicle miles [8:29:18] traveled and a barrier where [8:29:20] development won't occur. I [8:29:23] would caution you not to that [8:29:25] feels a little bit like [8:29:26] redlining to me and in the old [8:29:29] days redlining was bad. So [8:29:31] where you draw a circle around [8:29:33] an area in a city and said [8:29:35] we're not going to get people [8:29:36] who live in that so that area [8:29:38] housing and so I would just [8:29:41] caution you as you're thinking [8:29:42] about that think about the [8:29:44] unintended consequences and how [8:29:46] that's going to play out with [8:29:47] the greater the greater [8:29:49] community. And I realize I'm [8:29:50] lecturing but this is the last [8:29:52] time I get to lecture and [8:29:54] that's just the way it's going [8:29:56] to be right now. So again, stay [8:30:02] please community stay engaged. [8:30:05] this is it's important that we [8:30:08] truly >> preserve the the [8:30:10] character of our of our [8:30:11] neighborhoods too because [8:30:13] you're living you're buying or [8:30:15] you're renting in our [8:30:16] communities. You're sending [8:30:18] your kids to schools in those [8:30:19] communities for a reason [8:30:21] because you feel connected to [8:30:24] it. You feel safe there. Your [8:30:26] family may be there. So we need [8:30:29] to make sure that we protect [8:30:30] the dynamic and the the the [8:30:33] feelings of the communities and [8:30:36] that doesn't mean I'm against [8:30:37] density or development [8:30:39] development is really [8:30:41] important. We actually [8:30:42] absolutely must build but we [8:30:45] haven't seen the effects of sb [8:30:47] 79 yet and we have a lot [8:30:49] of vacant schools that could be [8:30:52] in that pathway of development [8:30:54] for sb 79 where we're going to [8:30:56] get some high rises and we [8:30:58] won't even have an authority or [8:31:00] an ability to do anything about [8:31:02] it. I'm concerned about that [8:31:04] because I had a couple [8:31:05] of schools close in my district [8:31:09] I would to staff when you come [8:31:12] back with the design and [8:31:14] guidelines and future memos [8:31:18] could you please use language [8:31:20] that I or a fifth grader could [8:31:23] understand? It would really be [8:31:25] helpful for me to be able to [8:31:29] explain it to others. I think a [8:31:32] school board member actually [8:31:33] mentioned that and she's she's [8:31:35] right. The the the simpler you [8:31:37] make it for us the easier it [8:31:38] is. I think that is about it [8:31:42] but council member cohen I have [8:31:45] a question for you regarding [8:31:47] the south side or actually [8:31:49] staff you mentioned something [8:31:50] about the fire station being [8:31:52] retained as pickup. So do we [8:31:55] need to clued that in the >> [8:31:57] motion that the fire station be [8:32:00] retained in pcb? >> yes. Okay [8:32:05] then councilmember cohen, will [8:32:07] you include that? Yeah, I did [8:32:08] ask and I got the answer before [8:32:10] that we didn't have to that [8:32:11] they would understand that. But [8:32:12] if if it makes it clear we'll [8:32:13] go ahead and just use that in [8:32:15] the motion. Okay. With that, I [8:32:19] know we're going to hear from [8:32:21] councilmember mulcahy and thank [8:32:22] you for negotiating all of the [8:32:24] issues in your area which [8:32:26] frankly I haven't paid much [8:32:27] attention to because it's your [8:32:30] council district >> but that's [8:32:32] that I think what you've heard [8:32:35] is the council really does [8:32:37] listen to what you have to say. [8:32:39] we're concerned about [8:32:41] development and yeah and a [8:32:46] carte >> blanche change of >> [8:32:47] zoning from residential to [8:32:49] higher density across the city [8:32:51] there is a place for [8:32:52] development. It's not a place [8:32:54] in all of our neighborhoods [8:32:56] just to have a citywide zoning [8:32:59] change with that thank you, [8:33:01] mayor. Thanks, vice mayor. [8:33:03] appreciate your reflections. [8:33:04] let's turn now to [8:33:05] councilmember mckay. >> thank [8:33:08] you, mayor. Vice mayor paul, [8:33:11] you can add me to the same list [8:33:13] as ortiz and candela has been [8:33:15] frustrated with things and we [8:33:17] were in the same brown act [8:33:18] together. Who knew? So I want [8:33:22] to thank the city staff. You [8:33:24] guys have a very difficult job [8:33:26] balancing not only all the [8:33:28] public comment and how to [8:33:30] process that but certainly the [8:33:32] 11 of us and all of our team. [8:33:34] so thank you for hanging in [8:33:36] there >> and and I you know, I [8:33:39] want to recognize the planning [8:33:40] commissioners who sat as the [8:33:41] four year review board and all [8:33:44] the neighbors who've taken time [8:33:45] to engage today tonight and all [8:33:49] the weeks leading up to this [8:33:52] meeting. So I want to start [8:33:53] with the items in district six [8:33:56] because district six is out [8:33:57] of the entire review process [8:33:59] leading up to this session is [8:34:01] the only district where there [8:34:02] were targeted changes made [8:34:05] specifically for the [8:34:06] opportunity for >> additional [8:34:07] residential capacity city and [8:34:11] this included both the alameda [8:34:13] and winchester boulevard. So I [8:34:15] want to talk about winchester [8:34:16] for a moment. This has been on [8:34:18] our agenda a lot over the last [8:34:21] year and I don't think that [8:34:25] there's a more involved [8:34:27] neighborhood than the cary [8:34:28] neighborhood in this and I just [8:34:29] want to paint a little picture. [8:34:32] this >> is not you know, your [8:34:34] single family neighborhood, you [8:34:36] know, not wanting encroachment [8:34:38] into it. This is a neighborhood [8:34:41] that sits directly astride the [8:34:44] valley fair mall which as we [8:34:46] know is our biggest mall, one [8:34:49] of the top producers in the [8:34:50] world price per foot and they [8:34:54] have growth capacity that [8:34:55] remains. They also have santana [8:34:59] row just adjacent to that. >> [8:35:02] so this is not just a [8:35:03] neighborhood that is pushing [8:35:05] back on high rise. Rasi this is [8:35:08] one that is already dealing [8:35:10] with real everyday issues. No [8:35:13] valley fare now charges for [8:35:15] parking. So this is these are [8:35:17] real issues for this community [8:35:19] and I want to make sure that [8:35:20] we're not just thinking about [8:35:21] that little burb, you know, and [8:35:25] just kind of pushing off [8:35:26] housing. This is an affected [8:35:27] impacted neighborhood. So we've [8:35:30] heard from our neighbors from [8:35:31] san jose or from city of santa [8:35:34] clara too. That's right across [8:35:35] the street of winchester. And [8:35:38] you know, we've heard from [8:35:39] their council member and mayor [8:35:40] have weighed in on their [8:35:41] concerns on this. It's worth [8:35:44] noting too that the planning [8:35:45] commission took five votes [8:35:48] specifically on trying to piece [8:35:50] together something for the [8:35:52] winchester corridor and [8:35:54] couldn't come to an agreement [8:35:55] on it. And it's late and [8:35:58] at first when I heard it I [8:36:00] thought it was distasteful. Now [8:36:01] I'm laughing about it but I [8:36:02] think he meant it tongue in [8:36:03] cheek. But after the last [8:36:05] meeting the planning and the [8:36:06] chair of the planning [8:36:07] commission said I think the [8:36:09] staff give council member [8:36:11] mulcahy our love knowing that [8:36:14] we were going to have this [8:36:15] difficult challenge to deal [8:36:17] with. >> so which is why I'm [8:36:19] proud to bring forward a [8:36:20] compromise proposal that gets [8:36:22] us residential development and [8:36:25] at the same time protects [8:36:27] neighborhoods serving retail [8:36:29] that is sort of from the [8:36:31] heading corner of winchester [8:36:34] down to forest which is [8:36:36] essentially the the you know, [8:36:38] the door of valley fair. So as [8:36:41] we work our way from heading on [8:36:43] the north we've got some [8:36:45] residential opportunities as we [8:36:47] work our way down to existing [8:36:49] commercial you know active [8:36:52] successful retail now that [8:36:55] serves that community. So [8:36:57] that's really what we're trying [8:36:59] to accomplish and I would [8:37:01] really appreciate you [8:37:02] considering a friendly [8:37:04] amendment to your motion that's [8:37:07] on the floor >> and your [8:37:10] request is to include the your [8:37:12] entire recommendation >> would [8:37:14] be one c on the domingo candela [8:37:18] mulcahy or t's memo. Okay I [8:37:21] mean I my preference was to [8:37:24] defer to the work you had done [8:37:25] in the community but I just I [8:37:26] wanted I had I had heard staff [8:37:28] with a little bit of concern [8:37:29] about the appropriate densities [8:37:31] and so can you I'll just ask [8:37:32] chris one more time and then [8:37:33] I'll >> yeah, happy to talk to [8:37:36] it. I think you know, I do [8:37:39] really appreciate [8:37:41] councilmember mckay's approach [8:37:42] in trying to sort of be [8:37:44] thoughtful about how to [8:37:45] approach this very specific [8:37:48] part of the recommendation. I [8:37:50] think you know, initially staff [8:37:53] had been looking this following [8:37:55] the proposal for the 17 storey [8:37:57] development on the particular [8:37:59] site and trying to find an [8:38:01] appropriate compromise in the [8:38:02] conversation at that time was [8:38:03] this is a you know, fairly [8:38:05] significant thoroughfare, you [8:38:07] know on the approach to valley [8:38:09] fair and santana row there's an [8:38:11] opportunity here to see [8:38:13] redevelopment for housing now [8:38:15] the way that we've considered [8:38:17] conversion of commercial sites [8:38:19] throughout the city which is [8:38:21] different to sort of how we're [8:38:22] talking about kind of other [8:38:23] density conversations in this [8:38:25] recommendation is typically in [8:38:26] the past we've pushed for [8:38:28] higher densities on commercial [8:38:29] sites and part of the reason [8:38:31] for that there's a couple [8:38:32] of tradeoffs and one, you know, [8:38:33] we're trying to create [8:38:34] opportunity for balanced growth [8:38:36] throughout san jose that [8:38:37] provides the sort of services, [8:38:38] amenities and retail [8:38:39] opportunities to support our [8:38:41] residents and when we convert [8:38:43] that it comes at a cost both [8:38:45] sort of amenities and services [8:38:47] cost as well as an actual [8:38:48] fiscal cost to the city. It was [8:38:50] mentioned earlier by a [8:38:52] councilmember committee about [8:38:53] sort of density levels and the [8:38:54] fiscal impact of land use. And [8:38:56] so typically we're always [8:38:57] looking at pushing those [8:38:58] densities on commercial [8:39:00] conversions and I think that's [8:39:01] part of our hesitation when we [8:39:03] think about the sort of long [8:39:04] range approach is that if we're [8:39:06] going to come down on that [8:39:07] density into those lower ranges [8:39:10] you know should we just leave [8:39:11] it as commercial and just sort [8:39:13] of wait for the long term [8:39:14] opportunity? Now the tradeoff [8:39:16] is that, you know, there is a [8:39:17] near-term opportunity to see [8:39:19] redevelopment and create [8:39:21] opportunity for housing units. [8:39:23] so I get I mean that's that's [8:39:24] really the sort of policy [8:39:25] consideration for council to [8:39:27] kind of give us the direction [8:39:28] >> and I >> would say and add [8:39:30] to that that there are two [8:39:31] of these properties that we're [8:39:32] really encouraging you know [8:39:35] what we're what we're placing [8:39:37] at it now encourages [8:39:38] development. Now there are two [8:39:39] blighted sites that have been [8:39:40] just sitting there and so they [8:39:42] are you know, challenges for [8:39:44] the neighborhoods as well. [8:39:47] okay. I mean I don't I guess I [8:39:49] don't hear I think we're [8:39:50] applying this is applied to [8:39:51] such a small set of properties [8:39:55] that it's you know while it's [8:39:57] my go against some of the [8:39:58] instincts that I have and the [8:39:59] staff has about density, you [8:40:02] know, given the work that [8:40:03] you've done, I'm I'm okay with [8:40:05] accepting it as a friendly [8:40:06] amendment on the motion >> to [8:40:09] approve the second >> great [8:40:11] thank you very much. So I do [8:40:14] want to talk about a couple [8:40:14] of other things I think it's [8:40:16] important to highlight west [8:40:18] san carlos this is item one d [8:40:21] which has already been picked [8:40:22] up but I just wanted to sort [8:40:23] of highlight it so I'm [8:40:25] supportive of staff's effort to [8:40:26] evaluate how mixed use [8:40:28] commercial designations [8:40:29] throughout the city are working [8:40:31] where they may not be and [8:40:32] identifying options for future [8:40:34] uses. And while conversion to [8:40:36] commercial may make sense in [8:40:38] some areas the west san carlos [8:40:40] corridor is well positioned to [8:40:42] pursue more new residential [8:40:45] development. Right now we have [8:40:47] 1500 units recently delivered [8:40:49] under construction and or [8:40:51] submitted when we lost the [8:40:53] corner. If you remember last [8:40:55] year race in west san carlos to [8:40:57] a new chick-fil-a. I made a [8:40:59] commitment to those against [8:41:00] that used to identify more [8:41:02] residential opportunities. This [8:41:04] is part of that. The corridor [8:41:06] is in transition despite the [8:41:08] new construction which is sort [8:41:10] of more down towards downtown [8:41:13] san carlos is countless aging, [8:41:15] vacant and blighted buildings. [8:41:17] it is littered with unwanted [8:41:19] commercial activities and [8:41:20] code violations and has the [8:41:22] third highest concentration [8:41:24] of graffiti among major [8:41:26] corridors in the entire city [8:41:29] exploring the conversion [8:41:30] of some of the remaining mixed [8:41:31] use commercial sites to [8:41:33] residential would align with [8:41:34] our goals of creating [8:41:36] additional residential capacity [8:41:38] in our urban villages and along [8:41:40] our major boulevards. And I [8:41:41] want to thank [8:41:43] councilmember cohen for pulling [8:41:44] that into the motion. So on [8:41:47] residential density, I'm still [8:41:50] really, really having a [8:41:52] difficult time reconciling the [8:41:53] rationale or defense of the [8:41:55] proposed increase from 8 to 32 [8:41:58] dwelling units per acre [8:41:59] effectively going from 1 to 4 [8:42:01] units on a lot in a blanket [8:42:03] approach over the entire city. [8:42:05] I think that's sort of been the [8:42:06] common theme the blanket [8:42:07] approach doesn't even account [8:42:10] for 80 use generate used state [8:42:12] density bonus or the 450 [8:42:16] something state laws around [8:42:18] housing and I think with those [8:42:23] 80 use junior ideas I mean does [8:42:25] I think that math can get us up [8:42:27] to 32 units per acre in [8:42:29] practice >> so much of the [8:42:32] disagreement and certainly I [8:42:33] think why our brown act [8:42:35] couldn't come together with [8:42:36] five signatures is really on [8:42:38] this very item stems from the [8:42:40] variety of interpretations and [8:42:42] I know I'm treading on comments [8:42:44] from earlier but from each [8:42:47] code and my read is that our [8:42:49] commitment was to evaluate [8:42:50] opportunities for 210 housing [8:42:52] and locations throughout the [8:42:53] city including areas adjacent [8:42:56] to urban villages and [8:42:57] residential areas along major [8:42:59] streets. The intent was to [8:43:01] support missing middle housing [8:43:03] near urban villages, create and [8:43:04] transition between our [8:43:06] residential neighborhoods and [8:43:08] major thoroughfares. I don't [8:43:10] believe the commitment was [8:43:11] intended to require a one size [8:43:13] fits all approach. If it was, [8:43:16] why even call out urban [8:43:18] villages >> and major streets [8:43:19] to begin with? Couldn't the [8:43:21] phrase throughout the city just [8:43:23] as likely refer to being [8:43:24] equitable making sure we get [8:43:26] density across the city and not [8:43:29] unfairly consecrate [8:43:30] concentrated? I'd have expected [8:43:33] an approach that placed value [8:43:34] on the uniqueness and diversity [8:43:37] of our neighborhoods as well as [8:43:38] differences in access to [8:43:41] reliable transit and major [8:43:42] roadways. We should concentrate [8:43:45] more densely around urban [8:43:46] villages and apply more modest [8:43:48] increases in primarily [8:43:50] residential neighborhoods. We [8:43:52] should be more meticulous [8:43:54] considering all the variables [8:43:56] >> and the realities on the [8:43:58] ground. In my view this is a [8:44:01] more thoughtful and responsible [8:44:02] way to approach city planning. [8:44:05] this would allow us to create [8:44:06] the residential capacity we [8:44:07] need while recognizing that not [8:44:09] every lot and every [8:44:10] neighborhood is the same and [8:44:13] even consider for such an [8:44:14] important decision we must have [8:44:16] greater clarity on the [8:44:18] framework of our decision. [8:44:19] while my colleagues and I in [8:44:21] our memo pointed to our support [8:44:23] of the mayor, vice mayor and [8:44:25] and the others memo regarding [8:44:27] you know to environmentally [8:44:28] clear a range of options it [8:44:30] still gives me pause because [8:44:32] of the range of interpretations [8:44:34] of p 35 the city's promise to [8:44:37] cd and I'll just finish here >> [8:44:40] we can't make decisions >> [8:44:43] based on threats from a state [8:44:45] agency that has not yet given [8:44:47] us an answer. Well, some of us [8:44:49] an answer will actually be [8:44:51] acceptable to me. We have no [8:44:53] real opinion from our city [8:44:55] attorney speculation run by [8:44:56] city staff has created rumor [8:44:59] and innuendo and people around [8:45:01] this building have been playing [8:45:02] land use attorney for the last [8:45:04] couple of weeks that kind [8:45:05] of guns lightning only gets us [8:45:07] in trouble. There's just too [8:45:09] much at stake. I don't I went [8:45:14] last hoping that there would be [8:45:15] a magic answer to where we [8:45:18] go here and I appreciate all [8:45:20] of my colleagues, you know, [8:45:22] suggesting that this is only [8:45:24] the beginning of this [8:45:25] conversation and I just really [8:45:29] hope that we get the [8:45:30] information we need. The [8:45:32] community gets the information [8:45:33] it deserves and we can come to [8:45:36] a solution on this in december [8:45:38] of 27. Thank you. Thanks, [8:45:47] councilmember. Appreciate your [8:45:47] >> comments. It may give you [8:45:50] some solace that were we to [8:45:52] come back and ultimately agree [8:45:54] not I'm sure not ruling would [8:45:55] like this but were we to [8:45:57] go with 16 plus use and not [8:46:02] allow for the combination [8:46:05] of lots you would effectively [8:46:06] be defaulting test benign which [8:46:08] is what we have today so it [8:46:10] does preserve a range that [8:46:12] allows a status quo approach [8:46:15] but other options as well. Let [8:46:17] me turn to council. It could >> [8:46:20] first you know, I appreciate [8:46:23] everybody, you know, chiming in [8:46:25] and given their perspective [8:46:27] it's it's appreciated and >> [8:46:28] ditto councilmember mulcahy on [8:46:31] your talking points and you [8:46:32] know we talked a lot as we were [8:46:34] coming up with our our group [8:46:35] memos and you know, mayor, to [8:46:37] your point earlier about now [8:46:39] being the opportunity for for [8:46:40] input and it being critical to [8:46:43] offering the guidance to staff [8:46:46] in order to see a program that [8:46:48] best addresses the concerns [8:46:50] that we've we've outlined. And [8:46:52] with that I'd like to offer a [8:46:53] friendly amendment to the [8:46:55] motion and shout out to the [8:46:58] city attorney's office for [8:46:59] helping our office craft this [8:47:01] language with regards to the [8:47:05] environmental review and in [8:47:07] your all in your your memo with [8:47:09] amend and replace its one be [8:47:11] amend and replace e one to [8:47:13] direct staff to environmental [8:47:14] review increasing the densities [8:47:16] from 1624 and 32 and return to [8:47:19] the council with these options [8:47:21] etc. Etc. I'd like to be [8:47:23] specific in exploring it as [8:47:27] part of this environmental [8:47:28] review to study and explore [8:47:30] guardrails for high vmt areas [8:47:34] including ingress, egress, [8:47:36] public safety impacts to [8:47:38] emergency response times [8:47:39] associated with police and fire [8:47:42] public transit options as it [8:47:43] relates to mobility, parking [8:47:44] minimums and development design [8:47:47] standards. And this is all [8:47:48] language that I've ran through [8:47:50] the city attorney's office that [8:47:52] would help us get an extra you [8:47:54] know, review as part of the [8:47:56] environmental >> process that [8:47:57] they're going to be engaging in [8:47:59] to be able to flesh that out [8:48:00] given the impact to these [8:48:02] areas. And I would I would hope [8:48:04] you would accept this as a as a [8:48:06] as a friendly yeah. I >> mean I [8:48:09] think it makes sense. I will [8:48:10] tell you and I have mahan up [8:48:11] because I just wanted to say [8:48:12] some things that that have been [8:48:13] triggered by this conversation [8:48:14] since I went first and I and I [8:48:16] >> wanted to go I wanted to [8:48:17] go in front of you on purpose. [8:48:17] no, no, no. I wanted to but I'm [8:48:19] just I'm just saying that I [8:48:21] because I have some of the same [8:48:22] concerns that >> you have that [8:48:23] led you to your to your >> [8:48:25] memo. It's not like I didn't I [8:48:27] mean so so I appreciate that [8:48:29] there's a way to study these [8:48:30] impacts without at upfront [8:48:33] eliminating them from the where [8:48:36] we can make changes. I think [8:48:39] that was the point it was and [8:48:41] so I was actually going to ask [8:48:42] in my comments if there was a [8:48:43] way to be more granular. So I [8:48:44] appreciate what you're >> [8:48:46] recommending. Yeah sorry said [8:48:49] okay with the second okay [8:48:51] great. And you will you've [8:48:54] got that language clear the [8:48:55] city attorney and will share [8:48:56] with the clerk thanks [8:48:58] councilmember okay did you have [8:48:59] more was that that was that [8:49:01] concluded your remarks? Thank [8:49:02] you. Let me go to [8:49:03] councilmember casey. Well I'll [8:49:06] be brief. Mulcahy and domingos [8:49:09] stole a lot of my thunder. I [8:49:12] appreciate councilmember cohen [8:49:13] for incorporating the vmt [8:49:15] language. I know even in our [8:49:16] brown act >> we had had [8:49:17] conversations about that. The [8:49:19] challenge for me is I'm nearing [8:49:22] half a century in my district [8:49:24] and I remember looking over [8:49:26] my backyard and seeing orchards [8:49:27] and now it's a housing track so [8:49:28] I understand change is [8:49:30] inevitable. My concern is that [8:49:32] we're not doing this in a [8:49:33] thoughtful way and I think [8:49:34] mulcahy >> had mentioned that. [8:49:36] I think we're in a negotiation [8:49:38] with hpd and I don't think it's [8:49:40] appropriate for us to just [8:49:42] yield to their authority and do [8:49:44] what essentially negotiate [8:49:46] against ourselves. So I'm [8:49:47] supportive of us aggressively [8:49:49] negotiating for >> the lowest [8:49:52] density in areas where it [8:49:54] doesn't >> make sense. I ran on [8:49:56] density where it makes sense in [8:49:57] downtown and in transportation [8:49:59] corridors density does not make [8:50:01] sense in d-10 so ultimately I'm [8:50:03] open to our memos but when the [8:50:05] rubber hits the road I will not [8:50:07] support density >> in d-10 [8:50:09] thank you. Thanks [8:50:13] councilmember. Let me go back [8:50:15] to sue. Let me go did I just [8:50:18] put >> my light on because I [8:50:19] assumed you're saying my name [8:50:20] so yes I'll circle the system [8:50:22] doesn't anyway, thank you. I [8:50:25] just want to start by just [8:50:26] saying look many of us in this [8:50:27] city are lucky in terms of the [8:50:29] timing of when we were able to [8:50:31] buy homes in our city. I just [8:50:33] tell the story I bought my home [8:50:34] 27 years ago. I was just I mean [8:50:37] I was young, I was in my 20s. I [8:50:38] was able to buy a home in [8:50:39] my 20s. That home as my value [8:50:42] has appreciated by a factor [8:50:43] of six over 27 years now is [8:50:47] that an expectation that that [8:50:48] should happen? I don't believe [8:50:50] so and I will say that I [8:50:51] sometimes feel sheepish about [8:50:54] this whole thing that people [8:50:55] now can't do what I did right [8:50:58] and am I willing to say that [8:51:00] that some things that we do in [8:51:02] our neighborhood will allow [8:51:03] will force my home value to [8:51:05] depreciate a little bit so that [8:51:07] others will have more [8:51:07] opportunity? I think that's [8:51:08] reasonable. I've I've gained [8:51:10] and I've been and I've been [8:51:11] able to benefit from this [8:51:14] community and the and the and [8:51:17] the problems that we're trying [8:51:18] to deal with as a community. So [8:51:19] I'm just going to say that up [8:51:20] front I think it's important to [8:51:21] point that out and just say it [8:51:23] pains me that others can't have [8:51:25] what I have and that and we're [8:51:26] fortunate to do what I did [8:51:27] at the time that I was able to [8:51:28] do it. But a lot of things can [8:51:31] be true at once. One size fits [8:51:34] all is not always the best but [8:51:37] we >> shouldn't say that there [8:51:39] are areas of the city where we [8:51:40] can't provide opportunity for [8:51:42] people to be able to live there [8:51:43] . The whole idea of this [8:51:45] of this policy is that >> we [8:51:49] should be offering opportunity [8:51:51] for people to find places [8:51:52] anywhere in the city if they [8:51:54] want a certain school district, [8:51:55] if they want certain services [8:51:57] we provide opportunity and so [8:51:59] both those things are sort [8:52:01] of counter to each other. One [8:52:02] size fits all is not always the [8:52:03] best but we also can't paint [8:52:06] the broad brush of of saying [8:52:10] certain areas are going to be [8:52:11] off limits and I appreciate the [8:52:13] comments that vice mayor made [8:52:15] about if you do that you're [8:52:16] you're kind of keeping in place [8:52:19] policies that have gotten us [8:52:21] into this problem in the first [8:52:22] place. Character of cities and [8:52:25] neighborhoods necessarily [8:52:26] changes over time, right? I [8:52:28] mean we the fact that this was [8:52:29] the way it was 40 years ago [8:52:30] when people bought their homes [8:52:32] doesn't mean it's the way it's [8:52:32] going to be now as [8:52:33] councilmember casey just [8:52:34] pointed out. Right. I mean [8:52:36] there were orchards and there's [8:52:37] homes now there's going to be [8:52:37] some density >> and things are [8:52:39] changing and we should be able [8:52:40] to work work on that. But one [8:52:44] of the things that been [8:52:44] occurring to me during this [8:52:45] conversation is you know, I've [8:52:47] been pushing back on the one [8:52:48] size fits all from a state [8:52:50] standpoint from our state [8:52:51] legislators this idea that [8:52:52] every city should have this [8:52:53] should have the same set [8:52:54] of rules >> we you know, we [8:52:57] shouldn't necessarily accept [8:52:58] that one size can fit all in [8:52:59] our city and I and it's [8:53:01] difficult to ask how can we be [8:53:03] more granular in this decision [8:53:05] making and I agree with [8:53:08] councilmember ken jealous and [8:53:08] your basic premise that we [8:53:10] should be more granular. I [8:53:12] don't necessarily agree that [8:53:13] that that the vmt was the right [8:53:15] approach because it basically [8:53:16] shuts down huge swaths of our [8:53:18] city from having the [8:53:19] opportunity that's that's the [8:53:21] challenge here and I just [8:53:21] wanted to say that so I mean [8:53:23] it's a challenge then put on [8:53:25] the planning department >> [8:53:27] going forward to think about [8:53:28] this granularity what makes [8:53:30] sense? How can we be more [8:53:31] focused without shutting it [8:53:33] down anywhere? I don't know the [8:53:35] answer to that. But >> you [8:53:37] know, even when we study 1632, [8:53:39] 16, 2432 are there some places [8:53:41] where 16 makes sense in some [8:53:42] places where 32 makes sense. I [8:53:44] know it's a lot of work to sort [8:53:46] of decide neighborhood by [8:53:47] neighborhood what makes sense [8:53:48] but I just we shouldn't [8:53:50] necessarily be shutting off [8:53:51] that conversation. I think I do [8:53:55] appreciate the memo from [8:53:56] today's committee and I when I [8:53:57] read it I thought this [8:53:58] sounds like a good idea but I [8:53:59] just needed a little more [8:54:00] explanation on it. >> the idea [8:54:03] that we can bring back some [8:54:05] local control over design [8:54:06] standards and what gets built [8:54:08] is important and I will say [8:54:10] this is a big fight across the [8:54:11] state. I'm I am the chair [8:54:13] of the resolutions committee [8:54:14] for the league of the cities [8:54:15] of the state of california. [8:54:16] this >> september >> at our [8:54:19] conference there is a [8:54:20] resolution being brought [8:54:21] forward >> to the general [8:54:23] assembly >> of the league that [8:54:24] I will be evaluating as chair [8:54:26] as part of that committee will [8:54:27] be evaluating asking for a [8:54:29] working group to figure out how [8:54:30] to put how to develop a [8:54:32] potential state constitutional [8:54:33] amendment to bring back local [8:54:35] control of land use for cities [8:54:37] because this is the push that [8:54:38] cities are are pushing back on [8:54:39] the state. This conversation is [8:54:41] going >> to be had at the state [8:54:42] level so this is not easy and I [8:54:46] and you know I do you know [8:54:48] while I appreciate some of the [8:54:50] intent of some of the state [8:54:51] laws, they have continued to [8:54:52] pile on and pile on and it's [8:54:55] made it our lives difficult. So [8:54:57] I just want to say, you know, I [8:54:59] made a motion I support some [8:55:00] of the underlying ideas here [8:55:01] but it was never totally [8:55:02] comfortable to me that we were [8:55:05] doing this broad brush. I just [8:55:06] wanted to say that here and [8:55:08] sort of leave that out there as [8:55:11] a thought as we move forward in [8:55:12] the next 16 months before it [8:55:13] comes back to council. Thank [8:55:15] you. Great. Thanks [8:55:19] councilmember. I appreciate [8:55:20] that and all the friendly [8:55:21] amendments that you accepted [8:55:23] along with the vice mayor [8:55:25] councilor casey. Yes. Sorry for [8:55:28] extending conversation. I just [8:55:29] want to push back a bit on this [8:55:30] notion that density anywhere [8:55:32] at least to affordability I [8:55:33] don't know that that [8:55:33] necessarily bears out in [8:55:35] reality. I >> think david [8:55:38] noelle has a good point in [8:55:39] terms of condo defect if we [8:55:40] build a torn of condos, smaller [8:55:43] units you know affordable by [8:55:44] design that will lead to [8:55:46] affordability. But a multi-unit [8:55:48] in los gatos for example is [8:55:50] still very expensive. A [8:55:52] multi-unit in almaden is still [8:55:54] going to be very expensive. [8:55:55] it's not going to be [8:55:56] affordable. So I just want to [8:55:58] push back on this idea that [8:55:59] density naturally be used to [8:56:00] affordability because I don't [8:56:01] think that's necessarily true. [8:56:05] all right. And and I suspect [8:56:08] this is going to be a very [8:56:09] engaging ongoing conversation [8:56:11] for this council over the [8:56:12] coming years. But let me turn [8:56:13] now to councilmember tordillos [8:56:14] >> and I would push back [8:56:16] against that notion. You know [8:56:18] the city has actually looked [8:56:19] at this. They did a feasibility [8:56:21] study on missing rental housing [8:56:22] in 2021 and across the board [8:56:24] they found that 4 to 8 unit [8:56:26] projects would be cheaper than [8:56:27] the lower density projects that [8:56:29] they studied. This can also be [8:56:30] seen in data on actual missing [8:56:32] little programs that have been [8:56:33] developed in other cities. [8:56:34] there have been studies of 4000 [8:56:36] missing middle homes built in [8:56:38] seattle over the past 20 years [8:56:40] and they consistently showed [8:56:41] that higher density projects [8:56:42] had lower prices been lower [8:56:44] density projects. Oh boy. Here [8:56:48] we go. All right. We only do a [8:56:50] study session on this specific [8:56:52] topic, councilor. Okay. >> so [8:56:55] as you need to do in every [8:56:57] debate is define the terms. So [8:56:59] a blanket statement of more [8:57:01] density leads to cheaper [8:57:02] development. That's just not [8:57:03] true. Are you talking about 100 [8:57:06] unit density versus a duplex? I [8:57:10] don't know that that actually [8:57:11] bears out so I would push back. [8:57:13] I think that's a gut feeling. [8:57:16] I'd look at this study and I [8:57:17] assure you that there's issues [8:57:18] with it. There's no way you can [8:57:20] tell me you look at vancouver, [8:57:21] you look at like I mentioned [8:57:23] los gatos, you look at hong [8:57:24] kong international cities, the [8:57:26] demand >> for housing in [8:57:28] certain areas is so high and [8:57:30] it's supply and demand I get [8:57:31] it. But there's enough of the [8:57:32] demand where we we can't [8:57:34] outstrip the demand with the [8:57:35] supply at the moment in certain [8:57:37] areas in san jose in [8:57:37] particular. So I push back on [8:57:39] your push back. All right. I [8:57:44] think at that point we're going [8:57:45] to pause and take a vote. Thank [8:57:47] you all. It's a great [8:57:48] discussion. I appreciate all [8:57:49] the really thoughtful memos and [8:57:51] recommendations. Ions thank [8:57:52] you, councilor cohen, for [8:57:53] managing the motion there >> [8:57:57] and staff thank >> you for all [8:57:59] of your work and thank you the [8:58:00] members of the committee you [8:58:01] hung in there all the way. So [8:58:04] what time >> is it? We're [8:58:05] at 1030. Impressive. Thank you. [8:58:07] I appreciate it, toni. Let's [8:58:09] vote [8:58:22] . I, I still have one >> got to [8:58:26] hold out. Okay. Keep motion [8:58:30] passes 8 to 3 with dawn kendall [8:58:34] and casey voting no. >> all [8:58:36] right. Okay, we are thank you [8:58:41] all. We are >> on to open forum [8:58:45] >> and this is an opportunity [8:58:48] for members of the public to [8:58:49] comment on city business that [8:58:51] was not on today's agenda >> [8:58:55] 2012 credit cards. Okay. I have [8:58:58] >> ernestina if you're still [8:59:01] here brady how will rich ted [8:59:07] scarlett and I don't know this [8:59:12] the pine on lou cassie I don't [8:59:17] know what that means but those [8:59:18] are the ones I have in person. [8:59:22] if nobody is coming down I'm [8:59:23] going to go ahead and go to [8:59:25] brian followed by blair online [8:59:28] . Can you hear me okay? Yes, I [8:59:36] just I watch the whole thing. [8:59:38] I'm really glad that we do this [8:59:39] because I was able to [8:59:41] go through about 500 coins and [8:59:44] do my laundry and listen to but [8:59:47] I have to say this and all [8:59:48] of you worked very hard. I mean [8:59:50] I have agreed with everything [8:59:51] but I have to take back what [8:59:56] I've said a couple of times [8:59:57] where nobody reads emails that [8:59:58] I have been wrong about that [9:00:01] and proven wrong today on [9:00:02] several occasions and I [9:00:03] apologize for that. Thank you [9:00:05] and have a good evening. Thank [9:00:07] you. Blair remember these are [9:00:10] for topics not on the agenda, [9:00:11] >> right? Blair beakman hi. I [9:00:15] got quite a learning lesson [9:00:16] today. Thank you. I hopefully I [9:00:18] can talk about it. Wilson open [9:00:19] government tomorrow I thanks [9:00:23] that you have zoom >> available [9:00:25] again by the way I >> it's [9:00:28] important to the city [9:00:30] of oakland is there developing [9:00:32] a full community process to [9:00:34] address the future of how to [9:00:35] leave block that they can look [9:00:38] for another aop vendor as a [9:00:40] full community process they're [9:00:42] taking you know another 12 to [9:00:46] 16 months to do that that [9:00:48] they've already started I think [9:00:50] san jose and san diego [9:00:51] definitely can be doing the [9:00:52] same sort of things >> you guys [9:00:54] kind of oh it you obviously put [9:00:57] in way too much surveillance [9:00:59] tech under the carter [9:01:00] administration. I hope you [9:01:02] learned an important lessons [9:01:03] that minimal amounts of tech [9:01:05] can do the same amount [9:01:06] of public safety work and those [9:01:08] are important lessons to learn. [9:01:09] good luck on leaving flock and [9:01:11] finding a new way. Hope your [9:01:12] vendor that we practice pete >> [9:01:15] rich see yeah I'm here. Are you [9:01:24] able to hear me? Yes. So this [9:01:28] is in regards to stinky new [9:01:33] food trucks. >> oh okay. Yeah. [9:01:40] so we're I don't know why it's [9:01:43] echoing but anyways we are here [9:01:46] about talking about your you're [9:01:49] moving every 15 minutes. Are >> [9:01:59] you done? No. So you guys have [9:02:03] a lot of that that we have to [9:02:05] move our food truck every 15 [9:02:07] minutes and that's it's pretty [9:02:10] much impossible because we have [9:02:13] it takes 15 minutes just to get [9:02:14] the food truck >> started and [9:02:20] yes so that's what we're here [9:02:21] for. Okay thank >> you colin [9:02:24] user to start six to unmute hi [9:02:32] I like to address the situation [9:02:36] at the corner of speak in [9:02:37] lucchese there's been a pile [9:02:41] of debris that is impeding [9:02:43] traffic. I have contacted the [9:02:47] city numerous times and [9:02:48] contacted the vice mayor [9:02:50] numerous times and her staff [9:02:52] and this pile just keeps [9:02:53] growing bigger and bigger with [9:02:55] more trash and it needs to be [9:02:59] removed just in a red zone. [9:03:00] it's actually an emergency zone [9:03:02] for emergency vehicles and [9:03:03] painted red and there's no [9:03:06] reason that it can't be [9:03:07] removed. I realize they may [9:03:09] pile stuff back after is [9:03:11] removed but it shouldn't stay [9:03:12] there till it's dried out as a [9:03:13] fire hazard. It needs to be [9:03:15] moved and it cause it's almost [9:03:18] caused me to rear end people [9:03:19] because when they go to make a [9:03:20] right hand turn they break [9:03:22] because there's debris in the [9:03:24] way. It shouldn't be that way [9:03:26] and there's no way it should [9:03:27] take this long to have it [9:03:29] removed. I've called d o t I've [9:03:31] called tampa office and no one [9:03:33] is. Thank you, sheila. I I >> [9:03:42] own property on medgar avenue [9:03:45] in san jose and at the corner [9:03:48] of medgar and the entrance to [9:03:51] the 280 freeway is a huge [9:03:53] parking lot that would be [9:03:55] perfect for another cerato huge [9:03:59] building and I don't understand [9:04:01] why there's nothing being done [9:04:03] about it. It's empty and that's [9:04:05] a perfect space for advancing [9:04:09] the goal of affordable housing. [9:04:13] I mean it's got to be [9:04:14] affordable almost. Garris [9:04:15] whatever your bills I agree so [9:04:17] I mean I don't know who is I [9:04:20] don't know whose district [9:04:21] that's in I, I don't know but [9:04:23] what I do know is that [9:04:24] particular corner is open [9:04:26] whether it's owned by the [9:04:27] church or whether it's I don't [9:04:30] know but I'm going to ask every [9:04:32] person who knows about medgar [9:04:35] and the entrance to the 280 [9:04:37] freeway to invest. I gave that [9:04:41] as a reason. Thank >> you, [9:04:43] milo. Hi. So I have a thought [9:04:50] experiment. I think it might [9:04:51] illuminate the conversation [9:04:53] tonight. Imagine you have two [9:04:55] really nice toys lego toys the [9:04:58] right next to each other. They [9:05:00] happen to be in los gatos. One [9:05:02] of the toys is made of what two [9:05:03] pieces you knock it down and [9:05:07] with the pieces you build for [9:05:09] smaller toys >> you think each [9:05:12] one of these toys they're still [9:05:13] really nice. We still [9:05:15] got those. Do you think each [9:05:17] one of these four smaller toys [9:05:19] is going to sell for the same [9:05:21] amount as the one really nice [9:05:23] toy right next to it that [9:05:26] wasn't knocked to pieces? This [9:05:27] sounds like it's on >> the same [9:05:28] topic we already talked about [9:05:29] last night earlier this doesn't [9:05:31] sound like a new topic price [9:05:40] hello. This is priced >> [9:05:42] at eight. >> okay. Okay so [9:05:48] my name is bryce. I own and [9:05:50] operate a gourmet mobile food [9:05:51] truck together with my mother. [9:05:53] the current rule that states a [9:05:55] food truck must move every 15 [9:05:56] minutes does not match with [9:05:58] reality. It takes 20 minutes to [9:06:00] get set up to perform duties. [9:06:02] I'm asking council to delete or [9:06:04] >> amend this rule so I may [9:06:06] continue to perform my duties [9:06:07] and support my family. I have [9:06:09] received countless citations [9:06:11] and infractions which truly [9:06:13] boggles my mind because I am an [9:06:16] active member in my community [9:06:19] who works with many youth [9:06:20] groups, churches and [9:06:22] nonprofits. And I'm just asking [9:06:24] that we can either revise the [9:06:27] rules that have to do with [9:06:28] mobile vending. I'm willing to [9:06:30] come back next tuesday and as [9:06:32] long as it takes because you [9:06:34] know, we pay all of our fees. [9:06:35] we have every permit possible. [9:06:38] and I just I love stand part [9:06:39] of the community and I want to [9:06:40] continue. Thank you. >> thank [9:06:42] you. Back to council. I need [9:06:49] somebody to adjourn. >> all [9:06:55] right. Thanks, everybody. We're [9:06:57] adjourned. Have a great night [9:06:59] >> [9:09:49] . >>