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Also

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>> We are ready when you are.

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>> Good evening everyone and welcome to the Santa Clara City

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Council special meeting tonight.

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We are here at a special time.

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I would like to call the meeting to order

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with a confirmation of a quorum.

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City clerk?

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Clerk

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confirming quorum and like to say that Council member Chahal

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is virtual this >> We will be conducting applicant interviews

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and appointing two people to the Commission to serve a partial

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term and one full term for the June 30th to 2030 term.

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So just for everyone's information,

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the partial term is potentially the longer term

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than the full term because you serve a partial

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and then you're eligible for two full terms after that.

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So there's a potential for ten years.

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And the other would be two potential four year

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appointments.

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So City Clerk you have some information

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Clerk: We had four applicants initially

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and the one withdrew so tonight we have three.

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Our first is in person and the other two are on Zoom.

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>> Can you tell us about the process in terms of timing

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for the presentations?

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>> They have all been informed of this,

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they each have a few minutes of introduction followed by council

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introduction and then one minute closing remarks.

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And then you will do your nomination for those afterwards.

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>> Thank you so much, our first candidate is Barbara Estrada,

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if you would like to come forward please,

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since you are here in person.

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Welcome, and when you are ready you can begin.

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Barbara can you please speak into --

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pull that microphone over to your mouth so the folks at home

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can hear you as well.

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You can rearrange down there, that's okay.

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>> I wrote a few notes since it's been a long time since

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I've had to do an interview.

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Good evening mayor and Council I appreciate your time

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this evening.

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I assume that you have my application in front of you,

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I try to give you as much detailed information

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regarding me.

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I've been a resident in the city of Santa Clara for 48 years,

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I have served on two commissions,

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eight plus commissions on the senior commission

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and two plus years as the chair of that commission.

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I also sat on the redistricting commission

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to determine those districts.

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Let me look at my notes here.

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What kind of experience do I bring to this position?

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I have a 40 year career in civil service as a state employee.

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A big portion of my employment during that time

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I was in HR manager, the last 17 years of my career I

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was a claims adjuster handling large claims in the system.

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The last period of time I was a manager at state Compensation.

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With that, I will talk a bit about my personal experience.

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I work with pay scales and benefits,

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I worked with hiring above minimums, budgets,

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classifications, payroll, all phases of that position.

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So I am exposed to what we are here talking about tonight,

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the civil service department.

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As a workers manager I co-managed

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a group of 50 people, staff, during that period of time.

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I retired in 2009.

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Only I never really retired.

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So I believe that I bring good communication skills,

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I believe I am able to work with different people that

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have different opinions and I hope to bring that forward

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to this commission.

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You might ask me a question at some point

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about what am I currently doing now?

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I currently oversee Multi-million dollar RV parks

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for a family in the area, none of them

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are in the city of Santa Clara.

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One is in Sunnyvale and one is in --

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I oversee that process.

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And you can ask me anything you want about that.

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But I don't see any conflict.

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>> Thank you.

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As you've probably been made aware

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we have some questions for you.

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>> I am now.

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They may have sent them to me.

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I got them this evening, not because you

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didn't send them to me I just don't think I saw the email.

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>> We will start with Vice Mayor Gonzalez to start with the first

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question for Barbara.

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Vice Mayor Gonzalez: Thank you Madam Mayor

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and thank you Barbara for applying.

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You'll be asked to make decisions

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about employees and policies, how would you

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ensure that your decisions are fair and impartial and based

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on the facts rather than personal relationships

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or outside pressures?

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>> Since have to think about this on my feet,

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I kind of explain to you how worker's Comp worked,

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as a claims adjuster you have the role of many facets of that

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picture.

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The best way I can describe it is

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that I have a responsibility to the employer,

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a responsibility to the doctor, a responsibility

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to the injured worker, and all of the providers

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that come along with that.

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And I have a responsibility to my job.

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If you take all of those facets together

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you have to figure out how to manage that.

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And I think that applies to this question.

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I am a black and white person.

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I don't work in the gray, I gather all the facts,

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I gather the information and make the best assessment

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that I can make.

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And then I go from there.

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So I hope that answers your question.

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>> Thank you and Council member Chahal do you have

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the questions?

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Councilmember Chahal: What do you

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believe is the most important role of a civil service worker,

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and how would you balance protecting the rights of city

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employees with the city's responsibility

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to maintain accountability, high performance and ethics?

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>> I think it goes back to my answer to the first question.

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You have to understand what your role is

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in each of those capacities.

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And I think that if you stay true to what

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you know and believe and you learn what the protocol is,

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and what the facts are then I think you will always

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stay true to yourself and you will represent the Commission

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as best you can.

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Thank you.

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>> Thank you, Council member Hardy?

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Councilmember Hardy: Do you have any thoughts

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about the high vacancy rates of our staff?

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>> I'm surprised actually, how would I answer that?

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Since I was in civil service and I loved my job,

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maybe I made a decision at that point that I would stick with it

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and I'm grateful that I did because the benefits at the end

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really paid off.

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So I'm not sure why the city would have that difficulty.

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It depends on what areas you are hiring for.

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Are you hiring for maintenance, clerical?

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Are you hiring high tech?

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Depending on the departments you have high vacancies for,

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but there's many things out there,

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social media, just how you run the businesses here,

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it shouldn't be that way.

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In my opinion.

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>> Thank you, my question is do you have any thoughts on why it

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takes so long to hire someone in Santa Clara after a position has

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been approved and budgeted?

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>> Do I have any thoughts?

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Your questions are interesting since I was a personnel manager

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there shouldn't be any delays.

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Once you have your funding and your position,

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once you have your announcement that details all

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of the positions, I don't know if it's how you're marketing,

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I'm not sure --

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I would be happy to look into that for you

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if I'm appointed to the commission,

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and to ask questions.

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I'm good at asking questions.

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And my opinion it should not be happening.

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But for some reason I guess it >> Thank you Barbara.

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And Council member Park you have the final question.

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Councilmember Park: Thank you for applying and coming

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in person.

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Do you have any suggestions for recruiting new employees.

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>> I think first of all you need to look at what the city is

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doing to recruit.

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See if there are more avenues or more exposure,

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sometimes the bulletins are --

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I don't want to say they are confusing

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but they are so legally written that they don't present

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the position, and the advantages of working for a city

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or government agency.

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Since I came out of a government agency

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I think that they should be utilizing

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talking to high schools.

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Some of these kids don't want to go to college

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but they could have a great career in city government.

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I think social media, other facets

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are maybe not being looked at at this point.

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But I can't tell you why, I don't know

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what you're currently doing.

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>> Thank you, now it's time for your closing statement.

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When you're ready.

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>> I appreciate coming before you this evening.

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I believe I am committed to do my best work for the Commission

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and would be very proud to represent

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the city of Santa Clara.

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Thank you.

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>> Thank you so much Barbara and thank you so much again

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for coming and participating in this.

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If you want to hold tight until we finish this,

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you can stay here.

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Our next two interviews, the other candidates just listened

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to you online, so it's okay.

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We will be making a decision this evening.

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So just stay with us.

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City clerk?

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Clerk: Thank you our next candidate

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is online and ready to go.

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Mayor Gillmor: Go ahead please I think you know our process here.

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So I hope you have the questions that were given to you.

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So whenever you are ready to start we are ready to hear you.

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Welcome.

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>> Thank you so much, good evening Mayor and Council

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and thank you for the opportunity to speak with you.

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I have lived here in Santa Clara for eight years,

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I started my career as a molecular biologist,

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and later moved into field applications, technical support

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and leadership roles across many industries.

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Since then I have built teams, coached employees,

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managed performance, made difficult staffing and resource

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decisions.

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One experience that I think translates particularly

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well to the commission was my time at Roche

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where I led a global case investigation Resolution

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Group for supporting diagnostic products.

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Why is this relevant?

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Wins something serious was escalated

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it was my job to understand what happened.

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That meant gathering relevant data,

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hearing different perspectives, separating facts

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from assumptions, and reaching conclusions

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that were supported by evidence not just the loudest

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voice in the room.

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That same discipline and scientific rigor

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about gathering facts and then forming an opinion

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is something I have also had to apply on the people

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side of my career.

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I know what it's like to hire someone, coach them, help

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them improve and do deal with difficult performance issues.

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I have also dealt with operational side

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of that with vacancies sitting open too long

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and hiring timelines dragging out, and the real cost that has

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on the employees that are left covering the gap.

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I have had to develop strategies to move faster

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without cutting corners and without disregarding process.

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And those experiences have made me appreciate how important it

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is to have a process that is fair to employees

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while still allowing managers to hold people accountable.

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That is a big part of what draws me to the Civil Service

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Commission.

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At its core, this commission exists

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to protect a merit based system.

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So we can make sure that these decisions are

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based on qualifications, process, rules,

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not favoritism and politics.

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I like that it requires independent judgment,

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you have to understand the rules and listen carefully and ask

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good questions and make a decision based on what

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is actually in front of you.

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The data.

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Outside of work I have lived in Santa Clara for many years

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and look for ways to give back locally.

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I volunteer with Second Harvest and volunteer with Stem outreach

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in my company and community.

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And serving on this commission feels

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like a natural way to increase that commitment

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and my professional commitment and giving back

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to the community.

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I know what serving effectively means and look forward

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to applying these processes consistently.

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What I bring from day one is years

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of experience leading people and building and following processes

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and evaluating difficult situations

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and making decisions thoughtfully and independently.

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Thank you for the opportunity to consider me.

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Mayor Gillmor: We appreciate that we will

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start with Council member Jain

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Councilmember Jain: You've heard this

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before you may be asked to make decisions with employees,

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management, labor organizations, city policies,

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how would you ensure that your decisions are

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fair and impartial and based on the facts rather

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than personal relationships or outside pressure?

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>> I think fair impartial decisions come down

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to discipline and how you approach them.

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Not just good intentions.

283
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I start with the process and rules of policy that apply,

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look carefully at the facts.

285
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I want to hear both sides and ask questions

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if something doesn't make sense rather than filling

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in gaps with assumptions.

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That discipline is something I have relied on consistently

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in investigations at Roche and different groups

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have very different views of the same problem.

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Part of my job was to separate that opinion out

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with the evidence that was actually shown, regardless

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of who was making that or how serious they were.

294
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I bring that same approach to the commission.

295
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If I knew someone involved or had any potential conflicts

296
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I would disclose it and step away when appropriate.

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If I ever felt pressure from any direction or department

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of public opinion the answer would be the same.

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The decision has to be based on the record in front

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of me and not who is applying pressure.

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Even if someone disagrees with the outcome,

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they should be able to look at the process

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and understand how we got there to that decision.

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Mayor Gillmor: Thank you Vice Mayor?

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00:26:44,415 --> 00:26:46,248
Vice Mayor Gonzalez: Thank you for applying.

306
00:26:46,248 --> 00:26:47,674
The question I have is what do you

307
00:26:47,674 --> 00:26:49,966
believe is the most important role of the Civil Service

308
00:26:49,966 --> 00:26:52,900
Commissioner and how would you balance the technical rights

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00:26:52,900 --> 00:26:55,933
of employees with the city's responsible to maintain

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accountability, high performance,

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00:26:57,680 --> 00:27:01,880
and public >> Thank you for the question,

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I think the most important job is

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00:27:04,256 --> 00:27:07,560
making sure the civil service system is applied

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00:27:07,560 --> 00:27:09,510
fairly and consistently.

315
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So decisions held up regardless of who is involved

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00:27:13,485 --> 00:27:15,800
or who is asking.

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I understand why this includes employee rights

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and accountability, in the moment someone trying

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00:27:22,424 --> 00:27:27,153
to hold someone accountable, and employee asserting their rights,

320
00:27:27,153 --> 00:27:28,653
that can feel like an opposing side.

321
00:27:28,653 --> 00:27:32,607
But I don't think that has to be a balancing act between two

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00:27:32,607 --> 00:27:33,440
competing interests.

323
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I have been a manager and director for many years,

324
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I have hired people, coached them,

325
00:27:40,420 --> 00:27:43,460
dealt with performance issues and made decisions that

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have affected people's careers.

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Employees deserve a fair process and a real opportunity

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to be heard, managers and leaders

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also need to be able to set expectations and act when

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those expectations are not met.

331
00:27:54,760 --> 00:27:56,663
Those are not opposing goals, they

332
00:27:56,663 --> 00:28:00,480
both depend on the same thing, a defined process that

333
00:28:00,480 --> 00:28:04,413
is followed correctly and applied the same way each

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00:28:04,413 --> 00:28:05,264
and every time.

335
00:28:05,264 --> 00:28:08,880
So maybe something like a discipline appeal

336
00:28:08,880 --> 00:28:10,400
comes before the commission, I'm not there

337
00:28:10,400 --> 00:28:12,873
to take the employee side or the department side,

338
00:28:12,873 --> 00:28:15,800
I am there to look at whether or not the rules were followed.

339
00:28:15,800 --> 00:28:17,305
Whether a person was treated fairly,

340
00:28:17,305 --> 00:28:20,640
whether the decision is supported by the facts.

341
00:28:20,640 --> 00:28:22,640
Thank you.

342
00:28:25,670 --> 00:28:28,670
Mayor Gillmor: Council member Chahal?

343
00:28:32,497 --> 00:28:33,872
Councilmember Chahal: Do you have

344
00:28:33,872 --> 00:28:35,330
any thoughts about the high vacancy

345
00:28:35,330 --> 00:28:37,466
rates of our staff in the city?

346
00:28:37,466 --> 00:28:40,846
>> I don't have any specific numbers but based on what

347
00:28:40,846 --> 00:28:43,926
I've seen of hiring through periods of high vacancy in other

348
00:28:43,926 --> 00:28:45,976
teams and positions it is rarely one cause.

349
00:28:45,976 --> 00:28:50,453
My instinct is that it is some combination of three things,

350
00:28:50,453 --> 00:28:52,640
compensation that's not competitive

351
00:28:52,640 --> 00:28:57,440
with nearby employers, many times burnout driven attrition

352
00:28:57,460 --> 00:29:01,800
leads to people leaving, and how long

353
00:29:01,800 --> 00:29:04,736
it takes to hire once a position opens up.

354
00:29:04,736 --> 00:29:08,480
That last one, how long it takes to hire once the position opens

355
00:29:08,480 --> 00:29:12,453
up can really make that vacancy rate look

356
00:29:12,453 --> 00:29:15,360
worse than it is because people may already be in the pipeline

357
00:29:15,360 --> 00:29:16,704
but haven't quite started yet.

358
00:29:16,704 --> 00:29:20,240
I have been responsible for staffing and capacity

359
00:29:20,240 --> 00:29:22,446
planning understaffed teams myself.

360
00:29:22,446 --> 00:29:25,784
So I take that very seriously regardless of the cause.

361
00:29:25,784 --> 00:29:29,556
The work doesn't disappear when positions are empty,

362
00:29:29,556 --> 00:29:32,400
it gets absorbed by people that are still there.

363
00:29:32,400 --> 00:29:35,416
And over time it shows up in burnout

364
00:29:35,416 --> 00:29:37,420
and lower quality of work.

365
00:29:37,420 --> 00:29:39,784
From the commission perspective I

366
00:29:39,784 --> 00:29:43,180
would want to know which of those factors, compensation,

367
00:29:43,180 --> 00:29:46,180
attrition, hiring speed, is actually

368
00:29:47,800 --> 00:29:48,480
driving the numbers here.

369
00:29:48,480 --> 00:29:51,410
Because retention, recruitment, process of recruitment

370
00:29:51,410 --> 00:29:54,560
those are three different fixes and it really

371
00:29:54,560 --> 00:29:57,640
matters which one you're actually trying to solve for.

372
00:29:57,640 --> 00:29:59,640
Thank you.

373
00:30:02,824 --> 00:30:05,824
Mayor Gillmor: Council member Hardy?

374
00:30:06,240 --> 00:30:09,482
Councilmember Hardy: This is a follow up to what you mentioned

375
00:30:09,482 --> 00:30:12,280
do you have any thoughts about why it takes so long to hire

376
00:30:12,280 --> 00:30:15,386
someone in Santa Clara after it takes --

377
00:30:15,386 --> 00:30:18,960
after the position is cleared and budgeted?

378
00:30:18,960 --> 00:30:22,200
>> I don't have any specific knowledge about the Santa Clara

379
00:30:22,200 --> 00:30:25,200
process to have any specifics.

380
00:30:25,280 --> 00:30:28,340
But my experience with long hiring

381
00:30:28,340 --> 00:30:32,960
timelines those usually come from a few common places.

382
00:30:32,960 --> 00:30:34,725
And I could guess that maybe at least one of them

383
00:30:34,725 --> 00:30:35,634
will apply here.

384
00:30:35,634 --> 00:30:38,940
A lot of times it's the steps that run sequentially

385
00:30:38,940 --> 00:30:40,304
that don't need to.

386
00:30:40,304 --> 00:30:43,428
So instead of parallel they happen one after the other.

387
00:30:43,428 --> 00:30:47,628
Things like testing eligible, interviews, background checks,

388
00:30:50,405 --> 00:30:52,730
they happen one after the other instead of overlapping.

389
00:30:52,730 --> 00:30:56,160
Sometimes it is handoffs, so a candidate moves

390
00:30:56,160 --> 00:31:00,800
from HR to a hiring department for final removal in each

391
00:31:00,800 --> 00:31:04,280
of those handoffs add a few days or sometimes weeks of waiting.

392
00:31:04,280 --> 00:31:06,453
Even when everyone is responsive.

393
00:31:06,453 --> 00:31:08,640
Sometimes it's just scheduling, getting

394
00:31:08,640 --> 00:31:12,450
a panel of interviewers or background checks or start date

395
00:31:12,450 --> 00:31:14,550
approval, getting that all coordinated takes

396
00:31:14,550 --> 00:31:18,130
longer than the other parts of the process.

397
00:31:18,130 --> 00:31:21,580
And I also know city hiring doesn't work exactly

398
00:31:21,580 --> 00:31:23,640
like private sector hiring.

399
00:31:23,640 --> 00:31:28,146
Testing eligible lists and other civil service protections

400
00:31:28,146 --> 00:31:31,160
are in place for a good reason and the end goal

401
00:31:31,160 --> 00:31:33,560
isn't to shortcut those.

402
00:31:33,816 --> 00:31:36,703
But there is a real cost to the pace.

403
00:31:36,703 --> 00:31:38,996
You can find exactly the right candidate,

404
00:31:38,996 --> 00:31:43,248
and you still lose them because another employer moved faster.

405
00:31:43,248 --> 00:31:48,340
I want to confirm which cause, or causes, are actually

406
00:31:48,340 --> 00:31:50,990
driving that Santa Clara timeline specifically

407
00:31:50,990 --> 00:31:54,753
by looking at time and stage data, if that exists.

408
00:31:54,753 --> 00:31:58,160
Or by talking to the people managing each step

409
00:31:58,160 --> 00:32:00,800
rather than just guessing.

410
00:32:00,800 --> 00:32:04,633
But once you know the time -- where the time is going,

411
00:32:04,633 --> 00:32:06,675
you can ask if there's a legitimate reason for it

412
00:32:06,675 --> 00:32:12,750
or if it could move faster without cutting corners.

413
00:32:15,377 --> 00:32:17,960
Mayor Gillmor: Last question I know you answered parts of this

414
00:32:17,960 --> 00:32:20,440
already do you have any suggestions to --

415
00:32:20,440 --> 00:32:22,760
improve recruitment of new employees?

416
00:32:22,760 --> 00:32:27,560
>> One thing I've learned from hiring technical and scientific

417
00:32:27,560 --> 00:32:32,320
teams is you have to learn the difference between what makes

418
00:32:32,320 --> 00:32:34,840
a candidate want the job and what makes them step away.

419
00:32:34,840 --> 00:32:38,760
I would look at whether or not the posting reflects the work,

420
00:32:38,760 --> 00:32:40,960
whether every requirement is necessary,

421
00:32:40,960 --> 00:32:44,560
whether a qualified candidate is spending

422
00:32:44,775 --> 00:32:47,150
too long in between steps.

423
00:32:47,150 --> 00:32:49,840
Public sector hiring often has more steps

424
00:32:49,840 --> 00:32:53,496
than private industries, so communication matters even more.

425
00:32:53,496 --> 00:32:58,200
Even if the process takes time, more time,

426
00:32:58,200 --> 00:33:00,320
candidates should always know where they stand

427
00:33:00,320 --> 00:33:04,600
and what the next step is in that recruitment process.

428
00:33:04,600 --> 00:33:08,340
I have seen a strong candidates walk away not because

429
00:33:08,340 --> 00:33:09,986
of the wait itself but because they

430
00:33:09,986 --> 00:33:12,672
had no idea where they were in the hiring process,

431
00:33:12,672 --> 00:33:15,600
or even if they were still being considered.

432
00:33:15,600 --> 00:33:19,144
I wouldn't lower standards just to fill positions faster,

433
00:33:19,144 --> 00:33:22,290
but I do think it's worth periodically asking

434
00:33:22,290 --> 00:33:25,840
whether requirements or steps that we have always used

435
00:33:25,840 --> 00:33:28,280
are still helpful and if they still

436
00:33:28,280 --> 00:33:30,146
help us find and hire the best people

437
00:33:30,146 --> 00:33:33,746
or are they just adding time?

438
00:33:35,987 --> 00:33:37,862
Mayor Gillmor: Thank you so much and now it's

439
00:33:37,862 --> 00:33:39,840
time for your closing statement.

440
00:33:39,840 --> 00:33:42,224
>> Thank you Mayor and Council again for the opportunity

441
00:33:42,224 --> 00:33:44,480
to speak with you tonight.

442
00:33:44,480 --> 00:33:47,472
The more I have learned about this commission the more

443
00:33:47,472 --> 00:33:51,672
it is interesting to me in serving.

444
00:33:52,960 --> 00:33:56,793
These are not abstract decisions that are made on this council,

445
00:33:56,793 --> 00:33:59,232
they affect people's careers, and managers ability

446
00:33:59,232 --> 00:34:01,760
to lead a department, and ultimately

447
00:34:01,760 --> 00:34:04,568
the city serves the community.

448
00:34:04,568 --> 00:34:07,592
And based on tonight's questions I

449
00:34:07,592 --> 00:34:10,760
feel you are asking and thinking hard about vacancies

450
00:34:10,760 --> 00:34:15,800
and hiring timelines, so those same stakes apply there too.

451
00:34:15,800 --> 00:34:18,626
I have spent a lot of my career leading people,

452
00:34:18,626 --> 00:34:22,826
leading investigations, and looking carefully at evidence

453
00:34:24,620 --> 00:34:26,716
and considering perspectives and making decisions

454
00:34:26,716 --> 00:34:28,480
that I can stand behind.

455
00:34:28,480 --> 00:34:32,120
I believe that combination, people leadership and evidence

456
00:34:32,120 --> 00:34:34,610
based decision making is directly relevant to the work

457
00:34:34,610 --> 00:34:35,402
of this commission.

458
00:34:35,402 --> 00:34:37,188
I have lived in Santa Clara for many years

459
00:34:37,188 --> 00:34:39,120
and I want to give back more directly.

460
00:34:39,120 --> 00:34:43,560
I bring a thoughtful independent perception to the role.

461
00:34:43,560 --> 00:34:45,662
Can I be proud to serve.

462
00:34:45,662 --> 00:34:48,662
Thank you for your consideration.

463
00:34:49,200 --> 00:34:51,682
Mayor Gillmor: Thank you and thank you for applying,

464
00:34:51,682 --> 00:34:53,140
we have one more candidate and then

465
00:34:53,140 --> 00:34:55,360
we will be making a decision.

466
00:34:55,360 --> 00:34:57,360
Clark?

467
00:34:59,240 --> 00:35:04,400
Clerk: Next and last candidate is on line.

468
00:35:05,400 --> 00:35:08,189
Mayor Gillmor: Timothy can you hear us?

469
00:35:08,189 --> 00:35:08,903
Timothy?

470
00:35:08,903 --> 00:35:10,903
Are you there?

471
00:35:20,346 --> 00:35:21,426
>> I think I did it.

472
00:35:21,426 --> 00:35:22,600
Can you hear me?

473
00:35:22,600 --> 00:35:26,373
Mayor Gillmor: Yes we can, thank you so much for applying,

474
00:35:26,373 --> 00:35:28,540
whenever you are ready we are ready for your opening

475
00:35:28,540 --> 00:35:30,540
statement.

476
00:35:30,960 --> 00:35:34,120
>> Thank you very much for the opportunity to speak with you

477
00:35:34,120 --> 00:35:34,656
today.

478
00:35:34,656 --> 00:35:39,240
I have to apologize, I'm standing outdoors in a parking

479
00:35:39,240 --> 00:35:46,440
lot because we're going to see a movie at the big Imax

480
00:35:51,920 --> 00:35:53,962
and I had to jump off the train to speak with you

481
00:35:53,962 --> 00:35:55,273
so excuse the background here.

482
00:35:55,273 --> 00:35:59,680
My name is Timothy I've lived in Santa Clara for 14 years

483
00:35:59,680 --> 00:36:01,344
with my wife and two kids.

484
00:36:01,344 --> 00:36:06,144
I am recently retired for the last 11 years

485
00:36:07,520 --> 00:36:12,653
before I retired I worked for Nvidia in their architecture

486
00:36:12,653 --> 00:36:14,400
research group.

487
00:36:14,400 --> 00:36:19,930
And I had the opportunity to join Nvidia right

488
00:36:19,930 --> 00:36:21,960
as the AI revolution was getting started

489
00:36:21,960 --> 00:36:25,624
so we had a front seat to the things that were going on there,

490
00:36:25,624 --> 00:36:26,520
very exciting.

491
00:36:26,520 --> 00:36:30,720
I love retired life, I play a lot of pickleball,

492
00:36:30,720 --> 00:36:32,545
especially at Central Park, I take

493
00:36:32,545 --> 00:36:36,470
walks around the neighborhood and have conversations with AI

494
00:36:36,470 --> 00:36:41,320
and learn about all sorts of things, music, sports,

495
00:36:41,320 --> 00:36:42,100
everything.

496
00:36:42,100 --> 00:36:44,500
And I'm enjoying that.

497
00:36:45,460 --> 00:36:48,920
I have a little project at home, I'm

498
00:36:48,920 --> 00:36:51,893
trying to build a robot with AI that

499
00:36:51,893 --> 00:36:56,346
will have the goal of wandering around the house trying to find

500
00:36:56,346 --> 00:37:00,335
my teenage son and when it finds him

501
00:37:00,335 --> 00:37:05,520
the goal is to tell him a good dad joke.

502
00:37:05,520 --> 00:37:10,120
In terms of what I do for my qualifications, what those

503
00:37:10,120 --> 00:37:14,840
are with respect to the Civil Service Commission position,

504
00:37:14,840 --> 00:37:19,800
as I mentioned I worked for many years in research organizations

505
00:37:19,800 --> 00:37:20,752
at various companies.

506
00:37:20,752 --> 00:37:23,577
I think that helps me to look at things

507
00:37:23,577 --> 00:37:27,560
from an analytical perspective, as well as looking

508
00:37:27,560 --> 00:37:30,656
at things with details in mind.

509
00:37:30,826 --> 00:37:35,177
I also like to document and write down things

510
00:37:35,177 --> 00:37:37,600
that I do in the processes that I

511
00:37:37,600 --> 00:37:41,313
take to arrive at various projects and decisions

512
00:37:41,313 --> 00:37:42,726
that I work on.

513
00:37:42,726 --> 00:37:49,200
I also have a preference for trying to work with people

514
00:37:49,200 --> 00:37:51,224
and trying to build consensus.

515
00:37:51,224 --> 00:37:55,000
So just to give you a little background

516
00:37:55,000 --> 00:37:59,800
on my personal experience, I studied electrical engineering

517
00:37:59,946 --> 00:38:01,706
at the University of Illinois and I

518
00:38:01,706 --> 00:38:03,840
have worked for various research labs

519
00:38:03,840 --> 00:38:06,840
on projects for multiple companies.

520
00:38:08,144 --> 00:38:13,548
And at Nvidia again did research across various high tech

521
00:38:13,548 --> 00:38:14,480
domains.

522
00:38:14,480 --> 00:38:16,860
I think that has given me a lot of good experience in terms

523
00:38:16,860 --> 00:38:21,472
of trying to understand how people and groups

524
00:38:21,472 --> 00:38:24,800
and organizations in a corporate environment work

525
00:38:24,800 --> 00:38:28,250
and what has worked and what has not worked from my perspective.

526
00:38:28,250 --> 00:38:32,450
So that's my quick introduction, thank you.

527
00:38:37,450 --> 00:38:39,200
Mayor Gillmor: Perfectly timed, thank you.

528
00:38:39,200 --> 00:38:41,783
We have some questions for you I assume that you received them

529
00:38:41,783 --> 00:38:42,968
ahead of time as well.

530
00:38:42,968 --> 00:38:47,168
We will start with Council Member Pak.

531
00:38:51,941 --> 00:38:53,608
Councilmember Park: City Council members

532
00:38:53,608 --> 00:38:56,160
may have to make decisions involving management

533
00:38:56,160 --> 00:38:57,664
and employees and how would you make

534
00:38:57,664 --> 00:39:02,280
those decisions are fair and impartial and based on the facts

535
00:39:02,280 --> 00:39:05,620
rather than from outside influences or pressure.

536
00:39:05,620 --> 00:39:08,390
>> I think that's a good question and I think

537
00:39:08,390 --> 00:39:10,250
that's of the utmost importance.

538
00:39:10,250 --> 00:39:12,420
I think it really comes down to letting

539
00:39:12,420 --> 00:39:14,820
people know about things.

540
00:39:15,220 --> 00:39:19,420
That focuses on documentation, both in terms

541
00:39:20,240 --> 00:39:24,440
of data that is considered, in terms

542
00:39:24,620 --> 00:39:29,600
of the steps of siting and making certain decisions,

543
00:39:29,600 --> 00:39:34,920
but also has to do with making sure people understand what

544
00:39:34,920 --> 00:39:39,440
the process and criteria are in advance of making the decision.

545
00:39:39,440 --> 00:39:42,880
I think when a decision is made and then

546
00:39:42,880 --> 00:39:46,720
there are justifications for the decision

547
00:39:46,720 --> 00:39:50,230
after the fact that's not very good for trust.

548
00:39:50,230 --> 00:39:56,392
So I think being able to lay out criteria and processes ahead

549
00:39:56,392 --> 00:40:00,460
of times, the only good approach is a good process

550
00:40:00,460 --> 00:40:04,240
for doing things in a orderly fashion.

551
00:40:04,240 --> 00:40:08,620
And along with that it needs to be full disclosure for anything

552
00:40:08,620 --> 00:40:13,420
that might be considered a conflict of interest.

553
00:40:14,240 --> 00:40:18,440
Mayor Gillmor: Thank you Council member Jain.

554
00:40:20,945 --> 00:40:22,695
Councilmember Jain: Thank you, what do you

555
00:40:22,695 --> 00:40:25,580
believe is the most important role of the Civil Service

556
00:40:25,580 --> 00:40:27,320
Commissioner and how would you balance

557
00:40:27,320 --> 00:40:28,737
protecting the rights of employees

558
00:40:28,737 --> 00:40:31,600
with the city's responsibility to maintain accountability,

559
00:40:31,600 --> 00:40:34,600
high performance and public trust?

560
00:40:37,148 --> 00:40:44,348
>> I try to find out a bit about the specifics of what

561
00:40:48,790 --> 00:40:48,912
the Commission does.

562
00:40:48,912 --> 00:40:50,329
I don't know all the details but I

563
00:40:50,329 --> 00:40:54,240
believe a big part of what the Commission does

564
00:40:54,240 --> 00:41:00,240
is provide oversight for the public employees in the city

565
00:41:01,240 --> 00:41:07,192
in terms of being able to hire employees, making sure

566
00:41:07,192 --> 00:41:10,664
they have the human resources that they need.

567
00:41:10,664 --> 00:41:14,800
That they are doing what they are

568
00:41:14,800 --> 00:41:18,160
doing so that we have a well functioning full staffed city

569
00:41:18,160 --> 00:41:20,160
set of employees.

570
00:41:21,310 --> 00:41:25,880
Sometimes appeals and petitions need to be resolved,

571
00:41:25,880 --> 00:41:29,320
and I think also the commission has a role in hearing

572
00:41:29,320 --> 00:41:31,720
those appeals and petitions.

573
00:41:34,880 --> 00:41:40,000
And I think in terms of being able to take

574
00:41:40,000 --> 00:41:42,400
a look at the entire system, there's

575
00:41:42,400 --> 00:41:47,916
a lot of work that is being done by human resources

576
00:41:47,916 --> 00:41:50,247
Department of the city.

577
00:41:50,247 --> 00:41:55,647
But there are strategic goals and long range things

578
00:41:57,288 --> 00:42:03,288
that the city wants to do, perhaps this council also

579
00:42:04,980 --> 00:42:08,456
has strategic goals, and the Commission

580
00:42:08,456 --> 00:42:10,813
takes a look at those goals and sees

581
00:42:10,813 --> 00:42:13,704
how well the current system is functioning within those goals.

582
00:42:13,704 --> 00:42:19,160
I believe also the Commission has a role in selecting members

583
00:42:19,160 --> 00:42:22,160
of the salary setting commission,

584
00:42:22,425 --> 00:42:27,970
and in terms of trying to maintain fairness and trust

585
00:42:27,970 --> 00:42:32,200
between employees and the city and managers,

586
00:42:32,200 --> 00:42:38,620
I think a lot of this has to do with --

587
00:42:40,359 --> 00:42:41,680
the word I will use is culture.

588
00:42:41,680 --> 00:42:46,171
Coming from Nvidia, this was a huge thing

589
00:42:46,171 --> 00:42:48,990
that was front and center at that company.

590
00:42:48,990 --> 00:42:52,590
That, probably more than anything else

591
00:42:53,760 --> 00:43:00,360
produced a high retention rate, long tenure rate at the company.

592
00:43:00,590 --> 00:43:02,456
Because people felt like they could

593
00:43:02,456 --> 00:43:04,630
work within the system and they felt comfortable

594
00:43:04,630 --> 00:43:06,630
within the system.

595
00:43:06,760 --> 00:43:10,440
And that's sort of what we would call the culture there.

596
00:43:10,440 --> 00:43:11,920
So hopefully that's something that

597
00:43:11,920 --> 00:43:15,520
can be fostered in the city.

598
00:43:16,400 --> 00:43:19,400
Mayor Gillmor: Vice mayor Gonzalez?

599
00:43:23,633 --> 00:43:25,383
Vice Mayor Gonzalez: My question is do you

600
00:43:25,383 --> 00:43:29,400
have any thoughts about the high vacancy rate of our city staff?

601
00:43:29,400 --> 00:43:32,400
>> That is an interesting question.

602
00:43:32,126 --> 00:43:38,126
I would go back -- there are obviously many different

603
00:43:39,160 --> 00:43:42,760
considerations for different organizations and individuals.

604
00:43:43,440 --> 00:43:45,560
But going back to something I just

605
00:43:45,560 --> 00:43:47,120
mentioned with the idea of culture,

606
00:43:47,120 --> 00:43:51,266
I think it's interesting when we take a look at,

607
00:43:51,266 --> 00:43:54,720
I'll go back to Nvidia since that's

608
00:43:54,720 --> 00:43:56,826
what my experience is but I joined in 2013 when

609
00:43:56,826 --> 00:43:57,992
it was a small company.

610
00:43:57,992 --> 00:44:02,888
We would compete with Google and Facebook for employees

611
00:44:02,888 --> 00:44:05,288
and we would always get outbid.

612
00:44:05,288 --> 00:44:09,288
They would always offer way more than Nvidia could offer.

613
00:44:09,288 --> 00:44:14,432
We would always lose these highly sought after employees.

614
00:44:14,432 --> 00:44:19,300
But at the same time, even though Nvidia was a much smaller

615
00:44:19,300 --> 00:44:21,680
company, the retention rate was far better

616
00:44:21,680 --> 00:44:23,360
than at these other companies.

617
00:44:23,360 --> 00:44:26,350
And the average length of tenure is far better.

618
00:44:26,350 --> 00:44:27,266
So why is that?

619
00:44:27,266 --> 00:44:29,430
Well I think it's two things, one

620
00:44:29,430 --> 00:44:32,760
is the compensation was good enough.

621
00:44:32,760 --> 00:44:36,620
Didn't have to be good -- better it just had to be good enough

622
00:44:36,620 --> 00:44:37,270
that people felt comfortable.

623
00:44:37,270 --> 00:44:39,133
And the culture where people felt

624
00:44:39,133 --> 00:44:43,672
like I can work with my manager, I can work within this system,

625
00:44:43,672 --> 00:44:46,896
I feel like people at this company trust me.

626
00:44:46,896 --> 00:44:49,296
I think that's huge.

627
00:44:50,720 --> 00:44:54,350
At Nvidia, and I hear from other companies,

628
00:44:54,350 --> 00:44:58,560
they have NDAs between groups to make sure

629
00:44:58,560 --> 00:45:01,936
that secrets stay secrets and Nvidia people were just trusted.

630
00:45:01,936 --> 00:45:05,160
I think that's very empowering and helps

631
00:45:05,160 --> 00:45:08,480
to help people feel like they want to stay there.

632
00:45:08,480 --> 00:45:11,160
So perhaps that's something that can be promoted

633
00:45:11,160 --> 00:45:13,672
within the city of Santa Clara.

634
00:45:13,672 --> 00:45:16,580
Obviously it depends on your organization and the people.

635
00:45:16,580 --> 00:45:20,780
But maybe that's something to look at.

636
00:45:22,400 --> 00:45:25,400
Mayor Gillmor: Council member Chahal?

637
00:45:29,297 --> 00:45:29,880
Councilmember Chahal: Do you have any thoughts

638
00:45:29,880 --> 00:45:32,680
about why it takes so long to hire someone in Santa Clara

639
00:45:32,680 --> 00:45:37,480
after a position has been approved and budgeted?

640
00:45:37,520 --> 00:45:41,720
>> I think there are two main obstacles,

641
00:45:44,480 --> 00:45:48,800
or two big steps in hiring.

642
00:45:48,360 --> 00:45:52,800
Whether that's for organizations or corporations or government,

643
00:45:52,800 --> 00:45:53,840
you have to find the people and then

644
00:45:53,840 --> 00:45:56,680
you have to go through the process of interviewing

645
00:45:56,680 --> 00:45:58,586
and approving people.

646
00:45:58,586 --> 00:46:06,386
A lot of times finding people is -- it can be very challenging.

647
00:46:06,960 --> 00:46:13,200
People may not know that these positions exist and the city

648
00:46:13,200 --> 00:46:16,108
probably, the city has been around for a long time

649
00:46:16,108 --> 00:46:22,195
but at a certain -- you have a certain path to find certain

650
00:46:22,195 --> 00:46:22,695
people.

651
00:46:22,695 --> 00:46:24,746
Certain media or forms that they look at.

652
00:46:24,746 --> 00:46:28,946
So maybe the world is changing, I,

653
00:46:30,173 --> 00:46:33,920
the internet, things like that, maybe there

654
00:46:33,920 --> 00:46:36,424
are different forms and different media

655
00:46:36,424 --> 00:46:41,224
that can be used to improve finding people.

656
00:46:41,570 --> 00:46:47,570
Also, the interview process sometimes can take a long time.

657
00:46:48,776 --> 00:46:52,976
Some of these things with their steps

658
00:46:53,580 --> 00:46:55,100
for considering people and reaching out to people

659
00:46:55,100 --> 00:46:56,892
to make sure that you can connect with them

660
00:46:56,892 --> 00:46:59,592
and get the information that they need.

661
00:46:59,592 --> 00:47:04,392
Other things are sometimes not as efficient as they could be.

662
00:47:04,392 --> 00:47:09,792
Sometimes that could be a bit daunting for applicants.

663
00:47:10,930 --> 00:47:14,960
So I think if we can focus on finding people,

664
00:47:14,960 --> 00:47:20,940
marketing as part of that, and trying to improve the process

665
00:47:20,940 --> 00:47:24,540
of interviewing and improving people --

666
00:47:24,960 --> 00:47:29,320
approving people I think that will go a long ways to help

667
00:47:29,320 --> 00:47:31,320
that.

668
00:47:33,352 --> 00:47:39,952
Mayor Gillmor: Last question, you touched on this a little bit

669
00:47:42,282 --> 00:47:44,740
Councilmember Hardy: Do you have any suggestions to improve

670
00:47:44,740 --> 00:47:47,140
recruitment of new employees?

671
00:47:47,880 --> 00:47:49,240
>> Yes.

672
00:47:49,240 --> 00:47:54,440
I will kind of take on from the last question.

673
00:47:54,440 --> 00:48:00,960
In terms of finding people , a lot of times we go to the same

674
00:48:00,960 --> 00:48:05,520
universities or the same organizations to try to find

675
00:48:05,520 --> 00:48:06,320
people.

676
00:48:06,320 --> 00:48:09,904
But there are good people in a lot of different places.

677
00:48:09,904 --> 00:48:12,904
There may be certain requirements

678
00:48:13,184 --> 00:48:16,842
that we put in our job postings that have been there

679
00:48:16,842 --> 00:48:20,440
for a long time and may or may not be appropriate

680
00:48:20,440 --> 00:48:25,240
for today's qualifications or for that specific position,

681
00:48:25,336 --> 00:48:28,260
in terms of having a specific degree or a certain number

682
00:48:28,260 --> 00:48:32,852
of years of experience, if someone has slightly less

683
00:48:32,852 --> 00:48:38,688
than that number of years they may not even bother applying.

684
00:48:38,688 --> 00:48:42,680
So trying to find people, trying to think outside

685
00:48:42,680 --> 00:48:45,600
of the traditional paths and boxes

686
00:48:45,600 --> 00:48:49,120
that we usually use to find people is a good thing.

687
00:48:49,120 --> 00:48:52,816
The city itself offers things that a lot

688
00:48:52,816 --> 00:48:56,106
of corporations and other organizations don't offer.

689
00:48:56,106 --> 00:48:58,506
Job stability, healthcare, pensions ,

690
00:49:02,636 --> 00:49:06,670
so maybe some people know about this but not everybody.

691
00:49:06,670 --> 00:49:07,650
So that's part of the marketing again,

692
00:49:07,650 --> 00:49:11,248
making sure that people are well aware of the benefits of working

693
00:49:11,248 --> 00:49:12,816
for the city.

694
00:49:12,816 --> 00:49:17,616
There may be specific positions within the city,

695
00:49:17,786 --> 00:49:20,390
or specific organizations that deal

696
00:49:20,390 --> 00:49:23,600
with more turnover for various reasons.

697
00:49:23,600 --> 00:49:27,660
So it may make sense to focus on those organizations building

698
00:49:27,660 --> 00:49:32,680
a kind of longer pipeline, or a broader pipeline

699
00:49:32,680 --> 00:49:38,450
to build up candidates that are good for those high turnover

700
00:49:38,450 --> 00:49:40,450
jobs.

701
00:49:40,560 --> 00:49:46,560
As I mentioned before, I'm a big believer in culture.

702
00:49:47,856 --> 00:49:52,560
And I'm speaking of culture in terms

703
00:49:52,773 --> 00:49:55,173
of interpersonal relationships, that's

704
00:49:55,520 --> 00:49:57,913
a lot of what I mean by culture.

705
00:49:57,913 --> 00:50:01,220
Having that be something that is fostered

706
00:50:01,220 --> 00:50:05,420
and that potential job candidates can know

707
00:50:06,333 --> 00:50:08,960
is a great thing within the city.

708
00:50:08,960 --> 00:50:11,494
That, I think, is a great thing.

709
00:50:11,494 --> 00:50:13,833
And I will tell you a lot of times people

710
00:50:13,833 --> 00:50:16,273
quit jobs not because of the compensation

711
00:50:16,273 --> 00:50:20,890
but because there may be some friction with either the manager

712
00:50:20,890 --> 00:50:24,960
or coworkers and that culture can be fostered.

713
00:50:24,960 --> 00:50:27,856
And people know it's their, that can

714
00:50:27,856 --> 00:50:30,256
help attract good candidates.

715
00:50:36,625 --> 00:50:38,167
Mayor Gillmor: Thank you Timothy, now

716
00:50:38,167 --> 00:50:42,220
it's time to give your closing statement whenever

717
00:50:42,220 --> 00:50:43,360
you are ready.

718
00:50:43,360 --> 00:50:46,980
>> Thank you for the opportunity to speak to the council this

719
00:50:46,980 --> 00:50:47,480
evening.

720
00:50:47,480 --> 00:50:50,400
I have been a member of or I should

721
00:50:50,400 --> 00:50:53,410
say I've been a resident of the city of Santa Clara

722
00:50:53,410 --> 00:51:00,100
for over a decade now and I try to seek opportunities

723
00:51:00,863 --> 00:51:04,580
to give back to the city and to try to provide some service.

724
00:51:04,580 --> 00:51:09,380
And I think this opportunity, this particular service

725
00:51:10,400 --> 00:51:15,440
commission is something that I can make contributions toward

726
00:51:15,880 --> 00:51:19,286
and that I would be a good fit for.

727
00:51:19,286 --> 00:51:24,686
So thank you for your consideration and your time.

728
00:51:27,613 --> 00:51:28,988
Mayor Gillmor: City clerk, now we

729
00:51:28,988 --> 00:51:30,512
have heard from our three applicants

730
00:51:30,512 --> 00:51:33,440
and I don't even know how we're going

731
00:51:33,440 --> 00:51:39,940
to do this because they are all so qualified and wonderful.

732
00:51:39,940 --> 00:51:42,740
All well suited for the job.

733
00:51:42,740 --> 00:51:46,560
We have two positions and we also

734
00:51:46,560 --> 00:51:49,800
carry what we call an eligibility list.

735
00:51:49,800 --> 00:51:52,224
Would you like to explain what it

736
00:51:52,224 --> 00:51:56,424
means to be on the eligibility Clerk:

737
00:51:58,829 --> 00:52:00,246
So if it is the council's decision

738
00:52:00,246 --> 00:52:01,829
to establish an eligibility list, that

739
00:52:01,829 --> 00:52:05,266
means from today's date it would be open for six months

740
00:52:05,266 --> 00:52:06,760
should a vacancy occur.

741
00:52:06,760 --> 00:52:11,320
So if someone resigned then we have that person there

742
00:52:11,320 --> 00:52:14,432
that we would reach out and see if there's still an interest

743
00:52:14,432 --> 00:52:15,440
to serve.

744
00:52:15,440 --> 00:52:19,246
And if there was then this evening

745
00:52:19,246 --> 00:52:21,736
you would be voting on appointing that person

746
00:52:21,736 --> 00:52:25,000
if that vacancy was to occur.

747
00:52:25,000 --> 00:52:29,760
In the next six months from today's date.

748
00:52:29,760 --> 00:52:34,800
Mayor Gillmor: This would automatically fill that vacancy?

749
00:52:34,800 --> 00:52:37,800
Clerk: If that's decided tonight.

750
00:52:38,400 --> 00:52:40,552
Mayor Gillmor: I wish we had three openings.

751
00:52:40,552 --> 00:52:45,176
I think our process is for each of us to select two applicants?

752
00:52:45,176 --> 00:52:50,280
I don't know what other way we would do it.

753
00:52:50,280 --> 00:52:55,420
If we each give the city clerk, when she calls it two names,

754
00:52:55,420 --> 00:52:58,680
and we will see how that pans out.

755
00:52:58,680 --> 00:53:02,746
If it works out, we are missing a council member tonight,

756
00:53:02,746 --> 00:53:05,834
so if we have six it could be a tie.

757
00:53:05,834 --> 00:53:07,800
But let's see if it works.

758
00:53:07,800 --> 00:53:14,973
The top two would then -- the top voter would get the longer

759
00:53:14,973 --> 00:53:17,840
appointment, the partial term, and the second vote getter would

760
00:53:17,840 --> 00:53:24,380
get the regular term and the third would get the eligibility

761
00:53:24,380 --> 00:53:25,720
list.

762
00:53:25,720 --> 00:53:31,120
Does anyone need a moment to think about this?

763
00:53:32,868 --> 00:53:35,268
Are we all okay?

764
00:53:36,220 --> 00:53:40,822
I will tell you my head is spinning.

765
00:53:41,400 --> 00:53:45,600
Assistant city clerk, whenever you are ready.

766
00:53:48,920 --> 00:53:51,320
Clerk: Council member Jain

767
00:53:57,672 --> 00:54:00,720
Councilmember Jain: turell, barbara

768
00:54:05,346 --> 00:54:08,346
Councilmember Park:timothy and turell

769
00:54:11,206 --> 00:54:14,206
Mayor Gillmor:barbara and timothy

770
00:54:18,725 --> 00:54:21,725
Councilmember Chahal:turell and timothy

771
00:54:30,170 --> 00:54:33,770
Vice Mayor Gonzalez:turell and barbara

772
00:54:37,688 --> 00:54:40,760
Mayor Gillmor: Let's see if I'm correct.

773
00:54:40,760 --> 00:54:44,360
Turrell is the highest vote getter?

774
00:54:44,530 --> 00:54:46,530
Barbara number two?

775
00:54:46,720 --> 00:54:48,720
And Timothy eligibility?

776
00:54:50,160 --> 00:54:52,160
Clerk: Correct.

777
00:54:54,480 --> 00:54:56,880
Mayor Gillmor: Can I have a motion?

778
00:54:56,880 --> 00:54:58,880
Rt?

779
00:55:01,640 --> 00:55:03,813
Councilmember Hardy: I move that we

780
00:55:03,813 --> 00:55:07,793
give the partial term to Turrell the full term to Barbara

781
00:55:07,793 --> 00:55:11,993
and put Timothy on the eligibility list.

782
00:55:12,120 --> 00:55:14,456
Mayor Gillmor: And we have a second.

783
00:55:14,456 --> 00:55:17,456
That was a tough decision.

784
00:55:17,952 --> 00:55:19,400
I will tell you.

785
00:55:19,400 --> 00:55:21,800
Everyone is extremely qualified.

786
00:55:25,440 --> 00:55:29,740
I have great faith now and hope for our civil Service

787
00:55:29,740 --> 00:55:30,240
Commission.

788
00:55:30,240 --> 00:55:35,640
Well I guess we'll see if it passes first.

789
00:55:52,000 --> 00:55:54,820
>> A pointer to the Civil Service Commission

790
00:55:54,820 --> 00:55:56,892
and the partial position.

791
00:55:56,892 --> 00:56:00,190
And Barbara to the full position,

792
00:56:00,190 --> 00:56:04,906
establish an eligibility list with Timothy that should

793
00:56:04,906 --> 00:56:10,906
a vacancy occur in six months from August 25th of 2026.

794
00:56:12,200 --> 00:56:18,200
Mayor Gillmor: Are we doing all roll call votes tonight?

795
00:56:23,859 --> 00:56:25,859
[Roll Call]

796
00:56:32,270 --> 00:56:34,360
Mayor Gillmor: That passes unanimously of those present.

797
00:56:34,360 --> 00:56:37,360
Congratulations to the two appointees ,

798
00:56:38,782 --> 00:56:42,304
and hang in there Timothy in the eligibility list because things

799
00:56:42,304 --> 00:56:44,200
do happen around here occasionally.

800
00:56:44,200 --> 00:56:47,560
Again thank you all for applying this evening.

801
00:56:47,560 --> 00:56:54,760
At 653 -- it is 6:53 we will take a short break and then

802
00:56:59,472 --> 00:57:02,472
begin our regular council meeting.

803
01:11:21,247 --> 01:11:25,315
>> Good evening everyone welcome to the Santa Clara City Council

804
01:11:25,315 --> 01:11:27,915
concurrent meeting could you please stand for the Pledge

805
01:11:27,915 --> 01:11:31,616
of Allegiance and stay standing for our Statement of Values.

806
01:11:31,616 --> 01:11:34,283
I pledge allegiance to the Flag of the United States of America,

807
01:11:34,283 --> 01:11:36,866
and to the Republic for which it stands, one Nation under God,

808
01:11:36,866 --> 01:11:41,660
indivisible, with liberty and justice for all

809
01:11:43,460 --> 01:11:45,460
.

810
01:11:45,548 --> 01:11:49,435
>> As we gather we humbly seek blessings upon this meeting.

811
01:11:49,435 --> 01:11:52,587
May we act with strength courage and the ability

812
01:11:52,587 --> 01:11:55,387
to perform our obligations and duties to our people

813
01:11:55,387 --> 01:11:56,395
with justice for all.

814
01:11:56,395 --> 01:11:58,827
Let us seek wisdom so we may act in the best

815
01:11:58,827 --> 01:12:01,555
interest of our people our neighbors and our country.

816
01:12:01,555 --> 01:12:03,883
All of this we ask so that we may

817
01:12:03,883 --> 01:12:06,185
serve our community with fairness

818
01:12:06,185 --> 01:12:10,385
and respect putting their needs before ours.

819
01:12:11,795 --> 01:12:13,595
>> Thank you please be seated.

820
01:12:13,595 --> 01:12:15,995
Roll call city clerk .

821
01:12:19,441 --> 01:12:21,196
Clerk: Before I take roll I would

822
01:12:21,196 --> 01:12:24,195
like to note for the record that in accordance with the Brown

823
01:12:24,195 --> 01:12:29,595
Act, governing section 49453 B the Council member Chahal is

824
01:12:30,851 --> 01:12:33,851
attending via audio only teleconference

825
01:12:35,935 --> 01:12:38,503
the location from which they are attending

826
01:12:38,503 --> 01:12:40,295
is included on the agenda for this meeting.

827
01:12:40,295 --> 01:12:41,872
Council member can you at this time

828
01:12:41,872 --> 01:12:43,539
confirm that the agenda for this meeting

829
01:12:43,539 --> 01:12:45,275
is posted at your teleconference location

830
01:12:45,275 --> 01:12:50,675
and at this location is accessible to the public?

831
01:12:52,750 --> 01:12:56,275
Let me move him over real quick.

832
01:13:09,945 --> 01:13:14,145
Councilmember Chahal: Thank you, I just joined.

833
01:13:14,435 --> 01:13:17,335
Yes, I'm sorry you --

834
01:13:17,335 --> 01:13:19,715
I missed your question but I am joining

835
01:13:19,715 --> 01:13:25,115
remotely from another location and the agenda was posted.

836
01:13:28,706 --> 01:13:32,435
Clerk: And it's accessible to the public?

837
01:13:32,435 --> 01:13:34,920
Councilmember Chahal: It is correct.

838
01:13:34,920 --> 01:13:36,155
No one is in the room right now.

839
01:13:36,155 --> 01:13:39,350
If that changes I will let you know throughout.

840
01:13:39,350 --> 01:13:42,891
Clerk: Moving forward, this evening all votes taken

841
01:13:42,891 --> 01:13:44,688
will be by roll call vote.

842
01:13:44,688 --> 01:13:46,595
With that I shall proceed.

843
01:13:46,595 --> 01:13:50,195
Council member and board member Chahal .

844
01:13:57,574 --> 01:13:59,395
[Roll Call]

845
01:13:59,395 --> 01:14:06,595
I will note for the record that board member Cox is absent

846
01:14:06,661 --> 01:14:08,661
this evening.

847
01:14:09,475 --> 01:14:11,485
Mayor Gillmor: Could I have a motion

848
01:14:11,485 --> 01:14:14,485
to excuse Council member Cox?

849
01:14:18,835 --> 01:14:23,350
motion by park and second by Jain

850
01:14:26,311 --> 01:14:28,311
.

851
01:14:28,585 --> 01:14:30,985
Clerk: Vice mayor Gonzalez?

852
01:14:37,926 --> 01:14:39,926
[Roll Call]

853
01:14:43,700 --> 01:14:47,900
Mayor Gillmor: That's unanimous of those present.

854
01:14:48,261 --> 01:14:53,610
Clerk: Members of the Santa Clara Authority support

855
01:14:53,610 --> 01:14:56,115
open authority there entitled to receive

856
01:14:56,115 --> 01:14:57,867
$30 for each attended meeting.

857
01:14:57,867 --> 01:14:59,735
The city of Santa Clara has adopted

858
01:14:59,735 --> 01:15:01,955
a code of ethics and values and behavioral standards

859
01:15:01,955 --> 01:15:03,950
for public meetings.

860
01:15:03,950 --> 01:15:05,915
To promote and maintain the highest levels of conduct.

861
01:15:05,915 --> 01:15:10,547
This includes mutual respect, robust discussion, and allowing

862
01:15:10,547 --> 01:15:13,575
city business to be done in an efficient and consistent manner.

863
01:15:13,575 --> 01:15:15,435
Please note that as a presiding officer

864
01:15:15,435 --> 01:15:19,155
the mayor and chairs direction and process of decorum

865
01:15:19,155 --> 01:15:21,115
will be followed and use of the gavel

866
01:15:21,115 --> 01:15:23,555
indicates all conversations must conclude.

867
01:15:23,555 --> 01:15:27,306
Everyone in attendance should come to order and attention.

868
01:15:27,306 --> 01:15:29,181
Welcome and thank you for your participation.

869
01:15:29,181 --> 01:15:33,550
For those joining us in the registered lobby

870
01:15:33,550 --> 01:15:36,260
we ask you to identify yourselves as such

871
01:15:36,260 --> 01:15:37,968
and disclose the clients or organizations

872
01:15:37,968 --> 01:15:38,760
that you represent.

873
01:15:38,760 --> 01:15:41,401
This is pursuant to the City Code.

874
01:15:41,401 --> 01:15:43,801
Thank you Madam Mayor.

875
01:15:45,449 --> 01:15:47,907
Mayor Gillmor: Thank you welcome everyone and good evening.

876
01:15:47,907 --> 01:15:49,824
For this meeting the council is back in person

877
01:15:49,824 --> 01:15:51,979
and conducting its meeting in a hybrid manner.

878
01:15:51,979 --> 01:15:54,715
The public is welcome to attend in person

879
01:15:54,715 --> 01:15:56,631
and the city continues to use a Zoom

880
01:15:56,631 --> 01:16:00,599
feature to allow participation from your home or office.

881
01:16:00,599 --> 01:16:04,137
Members of the public can still join via the link

882
01:16:04,137 --> 01:16:08,408
or call in to the Zoom meeting phone number shown on the screen

883
01:16:08,408 --> 01:16:08,908
now.

884
01:16:08,908 --> 01:16:11,781
If you would like to speak on an agenda item

885
01:16:11,781 --> 01:16:13,595
during public presentation, please

886
01:16:13,595 --> 01:16:16,205
raise your hand on the Zoom application

887
01:16:16,205 --> 01:16:19,100
or press star nine on your phone.

888
01:16:19,100 --> 01:16:23,219
Only raise your hand when the item you want to speak on

889
01:16:23,219 --> 01:16:24,300
is presented.

890
01:16:24,300 --> 01:16:25,975
The staff will enter your name or the last four

891
01:16:25,975 --> 01:16:28,475
digits of your phone number and I will call on you to speak.

892
01:16:28,475 --> 01:16:30,451
As a friendly reminder, members of the public

893
01:16:30,451 --> 01:16:34,750
have two minutes to speak on an agenda item and three minutes

894
01:16:34,750 --> 01:16:36,195
on public presentation items.

895
01:16:36,195 --> 01:16:38,155
And those are reserved for topics

896
01:16:38,155 --> 01:16:39,968
that are not on the agenda.

897
01:16:39,968 --> 01:16:44,615
Prior to each agenda item staff will lower your hand

898
01:16:44,615 --> 01:16:47,315
to make sure that members of the public

899
01:16:47,315 --> 01:16:49,859
who want to speak on the appropriate items.

900
01:16:49,859 --> 01:16:54,659
And we will move on to the agenda.

901
01:16:55,835 --> 01:17:00,635
Clerk: Council member Jain has his hand up.

902
01:17:07,715 --> 01:17:10,995
Councilmember Jain: I'm requesting that we move an item.

903
01:17:10,995 --> 01:17:15,970
Mayor Gillmor: Let's wait till we get to that.

904
01:17:15,970 --> 01:17:17,435
And the city attorney?

905
01:17:17,435 --> 01:17:19,835
>> Thank you Madam mayor.

906
01:17:20,755 --> 01:17:23,525
Following the end of the council meeting

907
01:17:23,525 --> 01:17:26,637
adjourned to take up item one B which

908
01:17:26,637 --> 01:17:29,155
was conference with labor negotiators with respect

909
01:17:29,155 --> 01:17:31,141
to all city labor groups.

910
01:17:31,141 --> 01:17:34,675
And at the end of that meeting I reported out to the chambers

911
01:17:34,675 --> 01:17:36,245
that there was no reportable action.

912
01:17:36,245 --> 01:17:38,645
Since the chambers were emptied consistent

913
01:17:38,645 --> 01:17:43,755
with our action of reporting out again at this meeting live,

914
01:17:43,755 --> 01:17:50,219
there is no reportable action as a result of those Mayor Gillmor:

915
01:17:50,219 --> 01:17:52,427
And we did not have one today so thank you very much.

916
01:17:52,427 --> 01:17:55,427
Council member Jain go ahead.

917
01:17:58,835 --> 01:18:01,761
Councilmember Jain: I'd like to move my item

918
01:18:01,761 --> 01:18:04,383
ten until after consent, we have some high school

919
01:18:04,383 --> 01:18:05,811
members in the audience and online

920
01:18:05,811 --> 01:18:08,158
that need to go to school early in the morning.

921
01:18:08,158 --> 01:18:12,541
So we don't want them to have to wait until 11:00 to hear that

922
01:18:12,541 --> 01:18:14,541
item.

923
01:18:15,350 --> 01:18:17,823
Mayor Gillmor: I would like to hear that after the appeal.

924
01:18:17,823 --> 01:18:22,750
We have a lot of people for the appeal maybe

925
01:18:22,750 --> 01:18:24,235
they'll learn about the appeal process.

926
01:18:24,235 --> 01:18:27,795
Councilmember Jain: It won't take much time.

927
01:18:27,795 --> 01:18:31,520
Mayor Gillmor: Counsel are you okay with that?

928
01:18:31,520 --> 01:18:32,661
After the appeal?

929
01:18:32,661 --> 01:18:34,915
Okay we will do that.

930
01:18:34,915 --> 01:18:37,328
Any other exceptions or Reconsiderations?

931
01:18:37,328 --> 01:18:42,128
Seeing none, we have two very special orders

932
01:18:42,169 --> 01:18:43,211
of business this evening.

933
01:18:43,211 --> 01:18:45,795
For our first special order of business

934
01:18:45,795 --> 01:18:48,270
this evening, the city of Santa Clara

935
01:18:48,270 --> 01:18:51,615
is honored to recognize our outgoing commissioners

936
01:18:51,615 --> 01:18:55,675
for their dedication and service to Santa Clara.

937
01:18:55,675 --> 01:19:00,475
So the commissioners present come to the front,

938
01:19:01,236 --> 01:19:03,625
I would like to honor all seven outgoing commissioners.

939
01:19:03,625 --> 01:19:06,214
We will call you out one at a time

940
01:19:06,214 --> 01:19:08,715
and then we will ask you to take a group photo with the City

941
01:19:08,715 --> 01:19:09,215
Council.

942
01:19:09,215 --> 01:19:12,155
From our Library Board of Trustees we have Debi,

943
01:19:12,155 --> 01:19:14,515
I can see you there.

944
01:19:14,515 --> 01:19:18,195
From the Civil Service Commission we have Franklin.

945
01:19:18,195 --> 01:19:21,115
From the Cultural Commission we have Luis.

946
01:19:21,115 --> 01:19:24,910
From the Historical and Landmarks Commission

947
01:19:24,910 --> 01:19:26,995
we have Michael and Anna.

948
01:19:26,995 --> 01:19:29,935
And from our Parks and Recreation Commission

949
01:19:29,935 --> 01:19:34,195
we have Brittany and from our Senior Advisory Commission

950
01:19:34,195 --> 01:19:36,195
we have Srinivasan

951
01:19:42,707 --> 01:19:45,379
thank you so much for your work and dedicated service.

952
01:19:45,379 --> 01:19:47,627
I will again call you up individually

953
01:19:47,627 --> 01:19:49,928
to give you your plaques.

954
01:19:49,928 --> 01:19:55,135
And if you would come up here, Council, how many commissioners

955
01:19:55,135 --> 01:19:56,791
do we have?

956
01:19:56,791 --> 01:19:57,291
Five?

957
01:19:57,291 --> 01:19:59,328
Okay, I think we'll all fit.

958
01:19:59,328 --> 01:20:02,495
If the council can come down here now, that would be great.

959
01:20:02,495 --> 01:20:06,950
We will call you up individually.

960
01:20:26,350 --> 01:20:29,635
First first we have a Debbie.

961
01:20:34,523 --> 01:20:36,523
[Applause}

962
01:20:46,195 --> 01:20:49,195
From the civil service Commission,

963
01:20:50,480 --> 01:20:52,448
Franklin please come forward.

964
01:20:56,159 --> 01:20:58,159
[Applause]

965
01:21:07,795 --> 01:21:10,795
From the cultural commission, Luis.

966
01:21:18,824 --> 01:21:20,824
[Applause]

967
01:21:29,350 --> 01:21:32,635
From the Historical and Landmarks Commission,

968
01:21:33,488 --> 01:21:35,888
Michael is Michael here?

969
01:21:37,311 --> 01:21:39,311
There he is.

970
01:21:40,599 --> 01:21:42,599
[Applause}

971
01:21:53,155 --> 01:21:57,355
Also from the Historical Landmarks Commission, Anna.

972
01:22:00,887 --> 01:22:02,887
[Applause]

973
01:22:08,635 --> 01:22:13,503
We are also grateful for all of your work

974
01:22:13,503 --> 01:22:15,495
and thank you for your dedicated service.

975
01:22:15,495 --> 01:22:17,691
And now we will take a group photo.

976
01:22:17,691 --> 01:22:21,583
I have already had requests for copies of the photos

977
01:22:21,583 --> 01:22:25,783
to be sent after to the commissioners.

978
01:22:47,647 --> 01:22:49,647
[Applause]

979
01:23:39,715 --> 01:23:43,835
So for our next special order of business,

980
01:23:43,835 --> 01:23:47,185
it's the recognition of our 2026 mission

981
01:23:47,185 --> 01:23:49,483
meets the moment campaign sponsors.

982
01:23:49,483 --> 01:23:52,323
I am just going to stay a few words

983
01:23:52,323 --> 01:23:54,595
and then turn it over to our staff

984
01:23:54,595 --> 01:23:59,995
to give a presentation about what we did during 2026.

985
01:24:00,655 --> 01:24:02,747
Because it was a lot, it was a lot.

986
01:24:02,747 --> 01:24:05,435
But good evening and thank you all for being here.

987
01:24:05,435 --> 01:24:07,875
There is a saying in our community

988
01:24:07,875 --> 01:24:12,115
that a community's greatness is not measured by what it dreams,

989
01:24:12,115 --> 01:24:15,568
but by who steps up to make those dreams real.

990
01:24:15,568 --> 01:24:19,307
Tonight we get to honor the people and businesses who did

991
01:24:19,307 --> 01:24:21,290
exactly that for Santa Clara.

992
01:24:21,290 --> 01:24:24,205
When we set out to make 2026 a year

993
01:24:24,205 --> 01:24:26,611
that our residents would never forget.

994
01:24:26,611 --> 01:24:30,888
A year that would bring Super Bowl and FIFA World Cup

995
01:24:30,888 --> 01:24:33,768
home to Levi's Stadium in Santa Clara.

996
01:24:33,768 --> 01:24:36,830
We knew that we could not do it alone.

997
01:24:36,830 --> 01:24:40,650
We needed partners who believed in this community as much

998
01:24:40,650 --> 01:24:40,830
as we do.

999
01:24:40,830 --> 01:24:44,320
And that is exactly what each of you gave us.

1000
01:24:44,320 --> 01:24:48,921
Your generosity didn't just fund an event calendar

1001
01:24:48,921 --> 01:24:50,155
it funded memories.

1002
01:24:50,155 --> 01:24:55,480
It made it possible for a family to enjoy a night

1003
01:24:55,480 --> 01:24:59,243
market together, for a child to stand in our stem zone

1004
01:24:59,243 --> 01:25:02,805
and imagine their future in Silicon Valley,

1005
01:25:02,805 --> 01:25:06,323
for neighbors to gather at Levi's Stadium, some

1006
01:25:06,323 --> 01:25:10,835
for the very first time to feel if only

1007
01:25:10,835 --> 01:25:13,365
for a moment that the whole world is

1008
01:25:13,365 --> 01:25:15,155
watching their hometown.

1009
01:25:15,155 --> 01:25:18,403
All the banners that lined the seats and every celebration that

1010
01:25:18,403 --> 01:25:21,619
filled our parks, every where the mission meets

1011
01:25:21,619 --> 01:25:25,675
the moment moment carries a piece of your generosity in it.

1012
01:25:25,675 --> 01:25:31,770
What gave -- what you gave us was more than just donations,

1013
01:25:31,770 --> 01:25:34,115
it was a vote of confidence in Santa Clara.

1014
01:25:34,115 --> 01:25:37,795
In our staff and volunteers and our residents.

1015
01:25:37,795 --> 01:25:41,735
And because of that confidence our city did not just

1016
01:25:41,735 --> 01:25:45,935
host history in 2026, we shared it together

1017
01:25:45,935 --> 01:25:48,635
with everyone who calls this community home.

1018
01:25:48,635 --> 01:25:51,844
Tonight we want to recognize the organizations that

1019
01:25:51,844 --> 01:25:53,880
invest in it in our community and helped

1020
01:25:53,880 --> 01:25:55,500
make these experiences possible.

1021
01:25:55,500 --> 01:25:59,355
But first the assistant to the city Manager

1022
01:25:59,355 --> 01:26:04,755
will provide us with a brief presentation regarding our

1023
01:26:05,475 --> 01:26:07,475
when the mission Meets the Moment campaign.

1024
01:26:07,475 --> 01:26:09,435
Have you recovered yet Alicia?

1025
01:26:09,435 --> 01:26:14,395
She worked so hard, along with staff, to put this together.

1026
01:26:14,395 --> 01:26:15,695
Welcome.

1027
01:26:15,695 --> 01:26:17,335
>> Thank you so much mayor and Council.

1028
01:26:17,335 --> 01:26:19,835
As the mayor said my name is Alicia,

1029
01:26:19,835 --> 01:26:21,755
I'm the assistant city manager and I

1030
01:26:21,755 --> 01:26:25,670
have the pleasure and honor of working with the community

1031
01:26:25,670 --> 01:26:29,867
to showcase the local pride through events that

1032
01:26:30,265 --> 01:26:34,990
were showcasing Santa Clara on the global stage

1033
01:26:34,990 --> 01:26:37,421
during the Super Bowl and World Cup.

1034
01:26:37,421 --> 01:26:39,421
Thank you.

1035
01:26:40,795 --> 01:26:45,419
Over the last year our community built a beautiful campaign

1036
01:26:45,419 --> 01:26:48,688
with the support of City Council, Economic Development

1037
01:26:48,688 --> 01:26:51,715
and Marketing Committee, and most importantly the support

1038
01:26:51,715 --> 01:26:53,299
of our community sponsors.

1039
01:26:53,299 --> 01:26:56,770
Who we are here to recognize this evening.

1040
01:26:56,770 --> 01:26:58,350
Tonight I would like to share just a little bit

1041
01:26:58,350 --> 01:27:02,750
about the campaign, and I will try to do it fairly quickly.

1042
01:27:02,750 --> 01:27:04,419
Where the mission meets the moment,

1043
01:27:04,419 --> 01:27:08,307
it is presented in this roadmap which

1044
01:27:08,307 --> 01:27:10,943
will walk us through the journey of the campaign.

1045
01:27:10,943 --> 01:27:14,608
So where the mission meets the moment is Santa Clara's

1046
01:27:14,608 --> 01:27:19,110
community centered campaign that launched in June of 2025

1047
01:27:19,110 --> 01:27:22,611
and recently concluded in August of 2026.

1048
01:27:23,343 --> 01:27:27,950
The campaign celebrates the people and places

1049
01:27:27,950 --> 01:27:29,179
and shared experiences and shared pride that

1050
01:27:29,179 --> 01:27:30,995
makes Santa Clara so unique.

1051
01:27:30,995 --> 01:27:34,355
It also highlights our city as we

1052
01:27:34,355 --> 01:27:38,541
prepare to host the major global sporting events, the Super

1053
01:27:38,541 --> 01:27:39,669
Bowl and the World Cup.

1054
01:27:39,669 --> 01:27:45,480
What you see here on the screen are five little circles up

1055
01:27:45,480 --> 01:27:47,803
at the top, they showcase the making

1056
01:27:47,803 --> 01:27:49,395
of the campaign's identity.

1057
01:27:49,395 --> 01:27:56,366
Within each of those circles is represented an image of the logo

1058
01:27:56,366 --> 01:27:58,965
and it tells the story of Santa Clara.

1059
01:27:58,965 --> 01:28:01,135
So when you see the green circle here,

1060
01:28:01,135 --> 01:28:03,995
that is the Central Park Pavilion representing

1061
01:28:03,995 --> 01:28:05,735
community and connection.

1062
01:28:05,735 --> 01:28:10,535
The orange circle, that's the microchip which represents

1063
01:28:11,875 --> 01:28:13,474
innovation and enterprise.

1064
01:28:13,474 --> 01:28:16,241
You see the blue circle here, which

1065
01:28:16,241 --> 01:28:20,395
has an image of Levi's Stadium and represents the global stage

1066
01:28:20,395 --> 01:28:21,843
that we were all on.

1067
01:28:21,843 --> 01:28:24,843
The pink represents the history and heritage,

1068
01:28:24,843 --> 01:28:28,750
so you see the image here is the peace

1069
01:28:28,750 --> 01:28:30,611
Rose, a nod to Santa Clara history.

1070
01:28:30,611 --> 01:28:35,275
And the purple circle represents youth sports, youth soccer,

1071
01:28:35,275 --> 01:28:37,235
legacy, pride.

1072
01:28:37,235 --> 01:28:42,932
Additionally, at the bottom of this slide what you see

1073
01:28:42,932 --> 01:28:46,924
is the campaign goals, the five campaign

1074
01:28:46,924 --> 01:28:49,715
goals that were identified at the onset of the campaign.

1075
01:28:49,715 --> 01:28:52,715
Fostering local pride, building connections,

1076
01:28:53,195 --> 01:28:56,195
generating global visibility, promoting inclusivity,

1077
01:28:56,875 --> 01:28:58,875
supporting local economy.

1078
01:29:04,750 --> 01:29:07,750
During several months the community

1079
01:29:09,215 --> 01:29:11,225
engaged in five workshops which resulted

1080
01:29:11,225 --> 01:29:13,660
in 160 hours of community expertise

1081
01:29:13,660 --> 01:29:15,583
which helped create the campaign.

1082
01:29:15,583 --> 01:29:18,403
We also launched two Citywide surveys,

1083
01:29:18,403 --> 01:29:22,347
one that identified the preferred events and the other

1084
01:29:22,347 --> 01:29:24,461
to understand the community's values.

1085
01:29:24,461 --> 01:29:28,467
So if you see here, the most popular events

1086
01:29:28,467 --> 01:29:31,815
that were identified early on were watch parties, concerts,

1087
01:29:31,815 --> 01:29:36,135
night markets, kids sporting events, and NFL player events.

1088
01:29:36,135 --> 01:29:39,341
All of which I can say we achieved and implemented

1089
01:29:39,341 --> 01:29:40,979
throughout this campaign.

1090
01:29:40,979 --> 01:29:46,259
But to fully understand all that was achieved this year,

1091
01:29:46,259 --> 01:29:49,699
this slide shows a bulleted list of the campaign events

1092
01:29:49,699 --> 01:29:51,699
across 25 and 26.

1093
01:29:52,243 --> 01:29:53,491
Wow.

1094
01:29:53,491 --> 01:29:55,491
It's incredible.

1095
01:29:55,987 --> 01:30:01,317
But what is not fully built out here, and to break it down a bit

1096
01:30:01,317 --> 01:30:04,205
further, are the campaign milestones and showcasing

1097
01:30:04,205 --> 01:30:07,635
of how those goals were achieved.

1098
01:30:07,635 --> 01:30:11,235
So goal one, fostering local pride,

1099
01:30:12,435 --> 01:30:16,635
the city hosted 16 public events in --

1100
01:30:18,595 --> 01:30:21,641
that represents more than one per month.

1101
01:30:21,641 --> 01:30:26,403
Of those 165 were directly supported by our campaign

1102
01:30:26,403 --> 01:30:29,661
sponsors which were a day on the field,

1103
01:30:29,661 --> 01:30:32,755
the stadium event which had more than 10,000 residents

1104
01:30:32,755 --> 01:30:36,195
and visitors that attended Levi's Stadium.

1105
01:30:36,195 --> 01:30:41,748
We also had free entry into the 40 Niners Museum, free kids

1106
01:30:41,748 --> 01:30:43,490
meals, discounted food and beverage,

1107
01:30:43,490 --> 01:30:46,155
that's just some of the impact from that event.

1108
01:30:46,155 --> 01:30:51,915
We also had the stem zone which had more than 8000 residents

1109
01:30:51,915 --> 01:30:56,715
attend, they participated in hands on interactive activities

1110
01:30:56,795 --> 01:31:00,307
showcasing tech and robotics and sciences.

1111
01:31:00,307 --> 01:31:05,107
We also had three weekends of night markets.

1112
01:31:05,699 --> 01:31:10,803
So six total markets with over 25,000 attendees across each

1113
01:31:10,803 --> 01:31:11,587
weekend.

1114
01:31:11,587 --> 01:31:15,187
And over 120 vendors at each one.

1115
01:31:16,488 --> 01:31:21,288
And finally, we also hosted six watch parties.

1116
01:31:21,715 --> 01:31:23,105
That's incredible.

1117
01:31:23,105 --> 01:31:26,805
I think the important thing to note about the watch parties

1118
01:31:26,805 --> 01:31:30,195
is that we had them at three different events, Alamo

1119
01:31:30,195 --> 01:31:31,867
Drafthouse, the convention center,

1120
01:31:31,867 --> 01:31:34,515
but I think my favorite one was the Night

1121
01:31:34,515 --> 01:31:37,139
Market where we closed down homestead and took over

1122
01:31:37,139 --> 01:31:37,988
the streets.

1123
01:31:37,988 --> 01:31:43,388
If you also see here campaign code number two,

1124
01:31:43,435 --> 01:31:45,415
building connections, we had 1300 residents

1125
01:31:45,415 --> 01:31:48,299
and visitors share feedback and insights with us.

1126
01:31:48,299 --> 01:31:51,899
Goal number three, generating global visibility.

1127
01:31:51,935 --> 01:31:56,135
We had 16,000 times that we, Santa Clara,

1128
01:32:02,515 --> 01:32:04,750
were mentioned in local media.

1129
01:32:04,750 --> 01:32:04,907
That's incredible.

1130
01:32:04,907 --> 01:32:10,815
If we also -- we also had 16,000 new people follow us on social

1131
01:32:10,815 --> 01:32:11,315
media.

1132
01:32:11,315 --> 01:32:13,755
Campaign goal number four, inclusivity.

1133
01:32:13,755 --> 01:32:18,610
We had 200,000 people attend our free city events.

1134
01:32:18,610 --> 01:32:22,261
I don't even know what to say.

1135
01:32:22,555 --> 01:32:27,563
For campaign goal number five, supporting the local economy,

1136
01:32:27,563 --> 01:32:31,163
we had the sponsorship commitment investment

1137
01:32:32,301 --> 01:32:35,301
of $820,000 directly into the community.

1138
01:32:36,750 --> 01:32:38,750
Thank you.

1139
01:32:38,675 --> 01:32:43,475
Now I just want to showcase exactly what

1140
01:32:44,971 --> 01:32:47,139
those numbers and milestones mean

1141
01:32:47,139 --> 01:32:50,695
by playing a little video recapping each of those five

1142
01:32:50,695 --> 01:32:53,845
major community events before we say thank you to our sponsors.

1143
01:32:53,845 --> 01:32:55,845
Thank you.

1144
01:33:02,350 --> 01:33:06,547
What you see here is the celebrate Santa Clara Day

1145
01:33:06,547 --> 01:33:10,147
on the field at Levi's Stadium.

1146
01:33:11,350 --> 01:33:14,350
There's a small community concert.

1147
01:33:16,115 --> 01:33:19,795
This is the Stem zone at the convention center

1148
01:33:19,795 --> 01:33:25,195
where we had tech and robotics and interactive skills.

1149
01:33:30,475 --> 01:33:33,475
This is our night market.

1150
01:33:33,875 --> 01:33:38,675
We hosted three weekends of night markets with 25,000

1151
01:33:39,150 --> 01:33:41,150
visitors and residents.

1152
01:33:49,983 --> 01:33:56,583
this is one of our watch parties at the convention center.

1153
01:34:02,155 --> 01:34:06,923
And this is where we shut down homestead and took

1154
01:34:06,923 --> 01:34:11,550
over the streets to showcase the final match of the FIFA World

1155
01:34:11,550 --> 01:34:13,550
Cup.

1156
01:34:22,675 --> 01:34:23,987
Thank you.

1157
01:34:23,987 --> 01:34:27,587
Thank you everyone for your support.

1158
01:34:30,738 --> 01:34:32,738
[Applause]

1159
01:34:36,886 --> 01:34:38,125
Mayor Gillmor: Thank you.

1160
01:34:38,125 --> 01:34:40,691
And now on behalf of the Santa Clara City

1161
01:34:40,691 --> 01:34:42,659
Council and our entire community we

1162
01:34:42,659 --> 01:34:44,648
want to thank each of our sponsors

1163
01:34:44,648 --> 01:34:48,355
for your generosity, your partnership, your commitment

1164
01:34:48,355 --> 01:34:49,627
to Santa Clara.

1165
01:34:49,627 --> 01:34:52,155
Your support allowed us to create opportunities

1166
01:34:52,155 --> 01:34:55,221
for the opportunity to celebrate together,

1167
01:34:55,221 --> 01:34:58,105
to experience something really special

1168
01:34:58,105 --> 01:35:01,955
right here in Santa Clara and to make lasting memories

1169
01:35:01,955 --> 01:35:05,608
during what has become truly a historic year for us

1170
01:35:05,608 --> 01:35:07,608
in this city.

1171
01:35:08,795 --> 01:35:13,915
That is why your partnership is so important to us

1172
01:35:13,915 --> 01:35:17,443
and we were able to make the most of these historic events.

1173
01:35:17,443 --> 01:35:20,720
At this time I am going to call each of you

1174
01:35:20,720 --> 01:35:24,555
up, if you would like to say a few words that would be great.

1175
01:35:24,555 --> 01:35:29,109
I will hand you just a small gift on behalf of the city

1176
01:35:29,109 --> 01:35:32,301
and at the end we will take a full picture

1177
01:35:32,301 --> 01:35:33,528
with the full council.

1178
01:35:33,528 --> 01:35:38,328
So if I could call up Transtech engineers,

1179
01:35:38,675 --> 01:35:40,925
you were our exhibitor sponsor.

1180
01:35:40,925 --> 01:35:45,725
Rafael Diaz, the executive director, please come forward.

1181
01:35:57,262 --> 01:35:59,595
>> Good evening mayor and vice mayor and members of city

1182
01:35:59,595 --> 01:36:02,987
Council and city staff I am an engineer and one

1183
01:36:02,987 --> 01:36:05,267
of the directors at Transtech engineers.

1184
01:36:05,267 --> 01:36:09,775
We are a full service municipal engineering consulting firm.

1185
01:36:09,775 --> 01:36:12,835
At Transtech we truly do believe in the value

1186
01:36:12,835 --> 01:36:16,235
of supporting events that bring communities together.

1187
01:36:16,235 --> 01:36:21,430
And I think that is exactly what this campaign did, where

1188
01:36:21,430 --> 01:36:23,335
the mission meets the moment.

1189
01:36:23,335 --> 01:36:26,755
We are truly honored to be a part of that.

1190
01:36:26,755 --> 01:36:29,279
And actually we want to thank you

1191
01:36:29,279 --> 01:36:32,348
for allowing us and giving us the opportunity

1192
01:36:32,348 --> 01:36:35,155
to be a part of your community in this way.

1193
01:36:35,155 --> 01:36:38,535
So we look forward to future years

1194
01:36:38,535 --> 01:36:42,350
of still supporting and bringing that partnership together.

1195
01:36:42,350 --> 01:36:48,635
So thank you, thank you to the city of Santa Clara.

1196
01:36:54,677 --> 01:36:56,677
[Applause]

1197
01:37:20,172 --> 01:37:21,714
Mayor Gillmor: I can't figure it out,

1198
01:37:21,714 --> 01:37:23,350
I've only been here 30 years.

1199
01:37:23,350 --> 01:37:26,635
Our second sponsor our exhibitor sponsor,

1200
01:37:27,190 --> 01:37:32,455
we have the vice president of clinical planning for Sutter

1201
01:37:32,455 --> 01:37:39,655
Health, would you like to come forward and say a few words?

1202
01:37:42,978 --> 01:37:45,395
>> Good evening on behalf of Sutter Health I want to thank

1203
01:37:45,395 --> 01:37:48,710
you for this recognition and for the opportunity to be a part

1204
01:37:48,710 --> 01:37:51,101
of such an amazing year for the city of Santa Clara.

1205
01:37:51,101 --> 01:37:54,235
We are honored to support initiatives like the Night

1206
01:37:54,235 --> 01:37:57,315
market and stem zone and where the mission meets the moment

1207
01:37:57,315 --> 01:37:59,765
campaign because they celebrate what truly

1208
01:37:59,765 --> 01:38:01,755
makes Santa Clara special.

1209
01:38:01,755 --> 01:38:06,299
Innovation, diversity, community pride and a shared vision

1210
01:38:06,299 --> 01:38:07,571
for the future.

1211
01:38:07,571 --> 01:38:10,736
This year Santa Clara welcomed the world

1212
01:38:10,736 --> 01:38:13,348
through Super Bowl 60 and the FIFA World Cup.

1213
01:38:13,348 --> 01:38:15,507
As the city stepped onto the global stage

1214
01:38:15,507 --> 01:38:17,615
it showcased not only its accomplishments but also

1215
01:38:17,615 --> 01:38:18,905
its character.

1216
01:38:18,905 --> 01:38:23,855
Sutter Health was proud to stand alongside the city of Santa

1217
01:38:23,855 --> 01:38:26,335
Clara in supporting that success.

1218
01:38:26,335 --> 01:38:29,315
Our partnership is built on a shared belief

1219
01:38:29,315 --> 01:38:31,455
that strong communities are created

1220
01:38:31,455 --> 01:38:35,635
when organizations work together toward a common purpose.

1221
01:38:35,635 --> 01:38:39,315
Sutter Health is committed to investing in Santa Clara's

1222
01:38:39,315 --> 01:38:41,659
future, expanding health care access

1223
01:38:41,659 --> 01:38:44,510
with new ambulatory and special care clinics

1224
01:38:44,510 --> 01:38:48,235
as well as advancing plans for the new Sutter Santa Clara

1225
01:38:48,235 --> 01:38:49,800
Medical Center.

1226
01:38:49,800 --> 01:38:52,907
Together these investments will bring care closer to home

1227
01:38:52,907 --> 01:38:56,195
and enhance services for residents throughout the region.

1228
01:38:56,195 --> 01:38:59,635
Investing in the future means more than just building

1229
01:38:59,635 --> 01:39:03,235
facilities, it means investing in people.

1230
01:39:03,291 --> 01:39:06,971
Through the mark and Mary Stevens School

1231
01:39:06,971 --> 01:39:10,748
of Medicine, that's the first one in the last century

1232
01:39:10,748 --> 01:39:13,995
to be coming to California, in partnership with Santa Clara

1233
01:39:13,995 --> 01:39:16,475
University, we're going to help train the next generation

1234
01:39:16,475 --> 01:39:19,940
of physicians to serve across California for generations

1235
01:39:19,940 --> 01:39:20,931
to come.

1236
01:39:20,931 --> 01:39:24,235
We also recognize that health begins

1237
01:39:24,235 --> 01:39:28,940
in our neighborhoods and schools and places and communities.

1238
01:39:28,940 --> 01:39:30,835
That's why we continue to partner

1239
01:39:30,835 --> 01:39:33,568
with local government, educational institutions

1240
01:39:33,568 --> 01:39:36,568
and nonprofit organizations to advance

1241
01:39:37,115 --> 01:39:41,315
food security, behavioral health services, workforce development,

1242
01:39:42,350 --> 01:39:45,947
illness prevention and equitable access to care.

1243
01:39:45,947 --> 01:39:48,475
Together these efforts reflect our commitment

1244
01:39:48,475 --> 01:39:54,195
to Santa Clara as a long term community stakeholder partner.

1245
01:39:54,195 --> 01:39:57,635
Representing a shared investment in the health and vitality

1246
01:39:57,635 --> 01:39:59,341
and success of the community.

1247
01:39:59,341 --> 01:40:03,575
As we look ahead we see tremendous opportunity,

1248
01:40:03,575 --> 01:40:06,467
by working together we continue to build

1249
01:40:06,467 --> 01:40:08,995
a healthier and stronger and more resilient

1250
01:40:08,995 --> 01:40:10,787
Santa Clara for future generations.

1251
01:40:10,787 --> 01:40:13,275
Thank you to the City Council for this honor

1252
01:40:13,275 --> 01:40:16,915
and thank you to your partnership and collaboration

1253
01:40:16,915 --> 01:40:21,115
for the shared future of our community.

1254
01:40:23,688 --> 01:40:25,688
[Applause]

1255
01:40:43,692 --> 01:40:45,275
Mayor Gillmor: Next is a familiar name

1256
01:40:45,275 --> 01:40:48,290
in Santa Clara the Morley brothers, Eric

1257
01:40:48,290 --> 01:40:49,571
Morley the co-founder principal would

1258
01:40:49,571 --> 01:40:55,571
you like to come forward and say a few words?

1259
01:40:58,252 --> 01:41:00,971
>> Thank you mayor and vice mayor and Council,

1260
01:41:00,971 --> 01:41:03,251
on behalf of my brother and business partner Sean

1261
01:41:03,251 --> 01:41:05,219
and the entire Morley Brothers team,

1262
01:41:05,219 --> 01:41:09,930
it's an honor to be recognized here tonight, this evening.

1263
01:41:09,930 --> 01:41:12,435
Where the mission meets the moment

1264
01:41:12,435 --> 01:41:15,692
was built on a simple idea.

1265
01:41:15,692 --> 01:41:18,950
A cumulative campaign is only as good

1266
01:41:18,950 --> 01:41:20,615
as the people that had actually reaches.

1267
01:41:20,615 --> 01:41:24,459
When Santa Clara was on the global stage this year

1268
01:41:24,459 --> 01:41:27,459
it became very clear, and evident

1269
01:41:27,459 --> 01:41:30,587
that this campaign became, and it always was

1270
01:41:30,587 --> 01:41:33,325
and it fulfilled a resident first vision.

1271
01:41:33,325 --> 01:41:35,435
That was wonderful to see.

1272
01:41:35,435 --> 01:41:38,875
Neighbors showing up for and with neighbors.

1273
01:41:38,875 --> 01:41:42,939
It truly defines Santa Clara and its sense of community

1274
01:41:42,939 --> 01:41:45,701
and also its sense of place.

1275
01:41:45,701 --> 01:41:47,868
The credit for all of that belongs

1276
01:41:47,868 --> 01:41:49,755
with the City Council for its vision

1277
01:41:49,755 --> 01:41:52,861
but also the professional staff and the volunteers who

1278
01:41:52,861 --> 01:41:54,861
implemented that effort.

1279
01:41:54,875 --> 01:41:59,675
Our partnership has spanned more than 25 years now

1280
01:41:59,761 --> 01:42:01,123
with the City of Santa Clara.

1281
01:42:01,123 --> 01:42:04,291
We are grateful for that partnership and we are looking

1282
01:42:04,291 --> 01:42:09,375
forward to the next part -- chapter in that with more

1283
01:42:09,375 --> 01:42:11,843
investment in the community and more celebration and more

1284
01:42:11,843 --> 01:42:12,901
moments like this one.

1285
01:42:12,901 --> 01:42:16,215
After seeing the roll up and the overview,

1286
01:42:16,215 --> 01:42:18,435
I can only say one more thing and that

1287
01:42:18,435 --> 01:42:19,675
is mission accomplished.

1288
01:42:19,675 --> 01:42:21,675
Thank you.

1289
01:42:27,890 --> 01:42:29,890
[Applause]

1290
01:42:47,556 --> 01:42:48,931
Mayor Gillmor: Next we have Intel

1291
01:42:48,931 --> 01:42:53,811
which was our silver sponsor, they sponsored our stem zone.

1292
01:42:53,811 --> 01:42:57,448
We have Margarita laid the facilities and engineering

1293
01:42:57,448 --> 01:42:59,475
and operations director with us today.

1294
01:42:59,475 --> 01:43:01,875
Margarita please come forward.

1295
01:43:07,284 --> 01:43:13,284
>> Mayor and council members , on behalf of Intel we are

1296
01:43:16,502 --> 01:43:18,850
honored to be a part of this campaign.

1297
01:43:18,850 --> 01:43:21,243
Intel and Santa Clara have grown together for almost 60 years,

1298
01:43:21,243 --> 01:43:23,144
from our earliest days this city has

1299
01:43:23,144 --> 01:43:24,561
been more than a place of business

1300
01:43:24,561 --> 01:43:27,827
it has been a true partner in innovation and growth

1301
01:43:27,827 --> 01:43:28,611
and community.

1302
01:43:28,611 --> 01:43:30,915
We are proud of the role that Intel

1303
01:43:30,915 --> 01:43:33,320
has played in helping shape Silicon Valley.

1304
01:43:33,320 --> 01:43:35,323
We know that none of this happens alone,

1305
01:43:35,323 --> 01:43:38,750
it happens because of strong partnerships and a shared

1306
01:43:38,750 --> 01:43:39,795
commitment to a better future.

1307
01:43:39,795 --> 01:43:42,175
That is why this campaign is so meaningful,

1308
01:43:42,175 --> 01:43:44,350
it celebrates the people and organizations

1309
01:43:44,350 --> 01:43:47,331
and partnerships that help move our community forward.

1310
01:43:47,331 --> 01:43:49,779
We are grateful to the city for this recognition

1311
01:43:49,779 --> 01:43:52,419
and for the relationship that we have built together

1312
01:43:52,419 --> 01:43:53,435
over the years.

1313
01:43:53,435 --> 01:43:58,270
Thank you for including Intel in this important campaign

1314
01:43:58,270 --> 01:44:00,765
to bring neighbors together to support community.

1315
01:44:00,765 --> 01:44:02,652
We are honored to be part of this story

1316
01:44:02,652 --> 01:44:06,480
and we are for what we will continue to accomplish together.

1317
01:44:06,480 --> 01:44:08,480
Thank you.

1318
01:44:13,796 --> 01:44:15,796
[Applause]

1319
01:44:32,103 --> 01:44:33,603
Mayor Gillmor: Next we have Prologis

1320
01:44:33,603 --> 01:44:37,600
which was our silver sponsor for the celebrate Santa Clara day,

1321
01:44:37,600 --> 01:44:45,400
a day on the field event and we have one of their investment

1322
01:44:46,235 --> 01:44:47,540
officers.

1323
01:44:47,540 --> 01:44:51,254
Please come >> Good evening mayor and members

1324
01:44:53,295 --> 01:44:58,595
of City Council and city staff and members of the Santa Clara

1325
01:44:58,595 --> 01:44:59,187
community.

1326
01:44:59,187 --> 01:45:02,339
Thank you for the recognition, we

1327
01:45:02,339 --> 01:45:07,250
are honored to support the cities where the mission meets

1328
01:45:07,250 --> 01:45:10,625
the Moment campaign and to celebrate Santa Clara as a world

1329
01:45:10,625 --> 01:45:11,688
class city.

1330
01:45:11,688 --> 01:45:17,688
This has been truly a historic year for Santa Clara,

1331
01:45:17,708 --> 01:45:19,375
hosting the Super Bowl and the World Cup

1332
01:45:19,375 --> 01:45:21,542
brought the attention of the world to this community

1333
01:45:21,542 --> 01:45:25,142
and what made this campaign meaningful

1334
01:45:25,275 --> 01:45:27,415
was it also created opportunities

1335
01:45:27,415 --> 01:45:31,211
for Santa Clara residents to be a part of this excitement.

1336
01:45:31,211 --> 01:45:33,635
The day on the field was a wonderful example,

1337
01:45:33,635 --> 01:45:37,203
more than 15,000 people came together at Levi's Stadium,

1338
01:45:37,203 --> 01:45:40,275
not simply as spectators but as a community.

1339
01:45:40,275 --> 01:45:43,395
We were particularly proud that our support

1340
01:45:43,395 --> 01:45:47,307
helped the city provide free meals for the kids

1341
01:45:47,307 --> 01:45:51,485
and made the celebration more accessible to families

1342
01:45:51,485 --> 01:45:52,515
throughout the city.

1343
01:45:52,515 --> 01:45:55,355
We believe our responsibility extends beyond the properties

1344
01:45:55,355 --> 01:45:56,901
that we build and own and operate,

1345
01:45:56,901 --> 01:46:00,265
we want to be an active and constructive partner

1346
01:46:00,265 --> 01:46:02,511
in the communities that we do business in.

1347
01:46:02,511 --> 01:46:05,895
That means listening and participating in and supporting

1348
01:46:05,895 --> 01:46:07,775
programs that bring people together

1349
01:46:07,775 --> 01:46:11,135
to bring lasting value to build a closer community.

1350
01:46:11,135 --> 01:46:15,131
We are grateful to the Mayor and City Council and City

1351
01:46:15,131 --> 01:46:17,771
Manager and the entire city staff

1352
01:46:17,771 --> 01:46:20,845
for giving this opportunity to contribute.

1353
01:46:20,845 --> 01:46:23,555
We value our relationship with Santa Clara

1354
01:46:23,555 --> 01:46:26,355
and look forward to continuing working together in the years

1355
01:46:26,355 --> 01:46:27,110
ahead.

1356
01:46:27,110 --> 01:46:30,475
What really brought me to excitement

1357
01:46:30,475 --> 01:46:33,128
about this particular program was seeing everyone

1358
01:46:33,128 --> 01:46:34,368
on the field.

1359
01:46:34,368 --> 01:46:38,181
I think before you said 10,000, I counted 15,000,

1360
01:46:38,181 --> 01:46:43,268
it was great to see all of the smiling faces, whether it was --

1361
01:46:43,268 --> 01:46:44,995
let's just say 30,000.

1362
01:46:44,995 --> 01:46:48,155
Thank you again for the recognition and congratulations

1363
01:46:48,155 --> 01:46:51,645
to everyone who worked to make this campaign a success.

1364
01:46:51,645 --> 01:46:53,355
Hopefully the staff gets some credit

1365
01:46:53,355 --> 01:46:57,555
because that was a lot of work.

1366
01:47:02,230 --> 01:47:04,230
[Applause]

1367
01:47:21,120 --> 01:47:22,620
Mayor Gillmor: For our final sponsor

1368
01:47:22,620 --> 01:47:27,420
we have our platinum sponsor, which was Devcon.

1369
01:47:27,815 --> 01:47:33,455
Before you come up I am going to take some personal privilege

1370
01:47:33,455 --> 01:47:37,227
and say a few words about you Gary because this is not

1371
01:47:37,227 --> 01:47:40,703
your first sponsorship of major events in the city of Santa

1372
01:47:40,703 --> 01:47:41,203
Clara.

1373
01:47:41,203 --> 01:47:45,103
You sponsored a huge event for us for Super Bowl 50,

1374
01:47:45,103 --> 01:47:49,250
it was the Huey Lewis concert at Santa Clara University

1375
01:47:49,250 --> 01:47:51,895
if anyone remembers ten years ago.

1376
01:47:51,895 --> 01:47:57,295
You were so generous and you sponsored that event

1377
01:47:57,611 --> 01:48:01,959
and really stepped up this time and became our platinum sponsor.

1378
01:48:01,959 --> 01:48:06,555
I just want to take a few moments to recognize someone

1379
01:48:06,555 --> 01:48:09,555
who's generosity is truly remarkable,

1380
01:48:09,741 --> 01:48:14,955
and whose generosity is both from his company and personally

1381
01:48:14,955 --> 01:48:16,688
donating to the city.

1382
01:48:16,688 --> 01:48:21,385
Gary is the owner of Devcon and is our top platinum sponsor.

1383
01:48:21,385 --> 01:48:24,595
Gary your story is Santa Clara's story.

1384
01:48:24,595 --> 01:48:27,765
You were raised here, you went to school here,

1385
01:48:27,765 --> 01:48:32,219
and you have never forgotten where you came from.

1386
01:48:32,219 --> 01:48:36,755
When you stepped up to fund all of our World Cup watch parties

1387
01:48:36,755 --> 01:48:41,179
this year, and it was so fun, I hugged and kissed

1388
01:48:41,179 --> 01:48:44,611
people I have never seen before, because I love soccer.

1389
01:48:44,611 --> 01:48:48,211
But anyways, you didn't just write

1390
01:48:49,231 --> 01:48:51,210
a check you gave your hometown a place

1391
01:48:51,210 --> 01:48:53,135
to gather and cheer and celebrate together

1392
01:48:53,135 --> 01:48:54,395
as one community.

1393
01:48:54,395 --> 01:48:57,555
Because of you families who could not

1394
01:48:57,555 --> 01:49:00,800
get through the gates at Levi's Stadium still

1395
01:49:00,800 --> 01:49:02,915
got to feel the roar of the crowd,

1396
01:49:02,915 --> 01:49:05,688
still got to share the excitement of the World Cup

1397
01:49:05,688 --> 01:49:07,475
right here at home.

1398
01:49:07,475 --> 01:49:10,195
And that is what it means to invest

1399
01:49:10,195 --> 01:49:12,737
in the places that raised you.

1400
01:49:12,737 --> 01:49:15,428
Gary, on behalf of the entire city,

1401
01:49:15,428 --> 01:49:18,775
thank you for your generosity from both your company

1402
01:49:18,775 --> 01:49:21,779
and personally, and thank you for your hometown pride,

1403
01:49:21,779 --> 01:49:24,435
and for making sure that this moment belonged

1404
01:49:24,435 --> 01:49:27,350
to every resident of Santa Clara,

1405
01:49:27,350 --> 01:49:30,400
not just the ones with a ticket in hand.

1406
01:49:30,400 --> 01:49:33,388
So I know you love to make big political speeches.

1407
01:49:33,388 --> 01:49:36,501
If you would like to come forward and say a few words

1408
01:49:36,501 --> 01:49:37,795
we would be honored to.

1409
01:49:37,795 --> 01:49:39,795
Thank you Gary.

1410
01:49:44,330 --> 01:49:46,955
>> Thank you very much mayor, I don't think I have much to say,

1411
01:49:46,955 --> 01:49:50,380
but thank you Council for the appreciation that you're showing

1412
01:49:50,380 --> 01:49:51,450
us tonight.

1413
01:49:51,450 --> 01:49:53,875
Me and the other people here with me.

1414
01:49:53,875 --> 01:49:56,875
Santa Clara is obviously --

1415
01:49:57,810 --> 01:49:58,835
Devcon is a pretty big company and we

1416
01:49:58,835 --> 01:50:02,435
work in Santa Clara, what motivated

1417
01:50:02,699 --> 01:50:09,621
me to give to this cause is I went to Santa Clara High

1418
01:50:09,621 --> 01:50:11,323
School and Santa Clara University

1419
01:50:11,323 --> 01:50:14,347
and my heart and my spirit is really with this city.

1420
01:50:14,347 --> 01:50:18,555
Even though Devcon has done some pretty iconic projects here,

1421
01:50:18,555 --> 01:50:23,788
we built the stadium, we're doing a bunch of work for Nvidia

1422
01:50:23,788 --> 01:50:26,788
which have some iconic buildings.

1423
01:50:28,595 --> 01:50:32,635
We've also done all of the buildings at Santa Clara

1424
01:50:32,635 --> 01:50:33,451
University forever.

1425
01:50:33,451 --> 01:50:37,635
I was just happy to be able to give back

1426
01:50:37,635 --> 01:50:40,840
to the community that I was raised in,

1427
01:50:40,840 --> 01:50:44,500
and the fact that I was going to be able to make it a fun

1428
01:50:44,500 --> 01:50:49,355
night and a fun week actually, for all the residents of Santa

1429
01:50:49,355 --> 01:50:49,955
Clara.

1430
01:50:49,955 --> 01:50:54,960
I grew up here, and it helped form me as a man

1431
01:50:54,960 --> 01:50:57,795
and I wanted to give something back.

1432
01:50:57,795 --> 01:51:00,788
And I was glad to be able to do that.

1433
01:51:00,788 --> 01:51:04,388
So thank you for the recognition.

1434
01:51:08,920 --> 01:51:10,920
[Applause]

1435
01:51:27,320 --> 01:51:30,315
Mayor Gillmor: Gary I know you donated to San Jose as well

1436
01:51:30,315 --> 01:51:32,248
but make sure you tell that mayor

1437
01:51:32,248 --> 01:51:34,275
that Santa Clara is your favorite city.

1438
01:51:34,275 --> 01:51:36,290
Make sure you do that.

1439
01:51:36,290 --> 01:51:40,110
And on behalf of the city of Santa Clara,

1440
01:51:40,110 --> 01:51:44,211
we received a donation from FIFA when

1441
01:51:47,750 --> 01:51:49,979
we went to the mayor's conference in January

1442
01:51:49,979 --> 01:51:52,848
we were sent 200 soccer balls.

1443
01:51:52,848 --> 01:51:56,581
So they are sitting in my office but we blew them up today

1444
01:51:56,581 --> 01:51:58,275
and we're going to give you each,

1445
01:51:58,275 --> 01:52:00,848
you're the first to receive soccer balls on behalf

1446
01:52:00,848 --> 01:52:01,815
of the city.

1447
01:52:01,815 --> 01:52:03,315
So do we have those?

1448
01:52:03,315 --> 01:52:06,950
And I'll invite you forward to take a photo

1449
01:52:06,950 --> 01:52:07,635
with our entire city council.

1450
01:52:07,635 --> 01:52:11,835
But you have to hold the ball.

1451
01:54:55,648 --> 01:54:57,273
Mayor Gillmor: I guess we have to go on

1452
01:54:57,273 --> 01:54:58,481
with the rest of the meeting.

1453
01:54:58,481 --> 01:54:59,698
The fun is over everyone.

1454
01:54:59,698 --> 01:55:02,455
No, we always have a good time here.

1455
01:55:02,455 --> 01:55:04,815
The next item that we have on the agenda

1456
01:55:04,815 --> 01:55:08,670
is the consent calendar, all items

1457
01:55:08,670 --> 01:55:11,455
are approved with one motion unless a council member

1458
01:55:11,455 --> 01:55:13,315
or a member of the public would like

1459
01:55:13,315 --> 01:55:16,627
to pull an item from the consent calendar.

1460
01:55:16,627 --> 01:55:20,395
I am going to be abstaining on item three B which

1461
01:55:20,395 --> 01:55:24,595
is action on Historical Preservation Agreement for 1261

1462
01:55:25,485 --> 01:55:26,731
Jackson Street.

1463
01:55:26,731 --> 01:55:30,575
My office is very close to that, so I will be recusing myself

1464
01:55:30,575 --> 01:55:31,715
from that item.

1465
01:55:31,715 --> 01:55:37,750
I want to pull item three E, because when the city

1466
01:55:37,750 --> 01:55:40,640
staff prepared this report they did not

1467
01:55:40,640 --> 01:55:44,523
know I was going to the League of California Cities Conference.

1468
01:55:44,523 --> 01:55:47,385
And I have an item on number four,

1469
01:55:47,385 --> 01:55:49,195
I'm not pulling that but my comment

1470
01:55:49,195 --> 01:55:52,203
is they are regular meeting minutes

1471
01:55:52,203 --> 01:55:56,419
but they have like a three word sentence for each meeting that

1472
01:55:56,419 --> 01:55:58,219
tells us absolutely nothing.

1473
01:55:58,219 --> 01:56:03,235
I think we can do better in the future for the stadium authority

1474
01:56:03,235 --> 01:56:05,235
manager meeting minutes.

1475
01:56:05,605 --> 01:56:07,499
Vice records office?

1476
01:56:07,499 --> 01:56:11,990
Can you turn on your microphone?

1477
01:56:13,795 --> 01:56:16,795
Rest of the consent calendar?

1478
01:56:18,235 --> 01:56:18,972
Hardy?

1479
01:56:18,972 --> 01:56:23,172
We have a motion and a second.

1480
01:56:23,963 --> 01:56:29,140
City Clerk noting the items that I recused and pulled.

1481
01:56:29,140 --> 01:56:31,540
Anyone from the audience?

1482
01:56:31,547 --> 01:56:34,547
Okay go ahead city clerk.

1483
01:56:49,275 --> 01:56:52,165
Clerk: This includes the stadium minutes correct?

1484
01:56:52,165 --> 01:56:54,565
So Council member Chahal?

1485
01:57:00,860 --> 01:57:02,860
[Roll Call]

1486
01:57:13,306 --> 01:57:14,848
Mayor Gillmor: Noting my abstentions,

1487
01:57:14,848 --> 01:57:18,448
that passes unanimously of those present.

1488
01:57:20,435 --> 01:57:24,350
Moving on, hold on a second.

1489
01:57:26,555 --> 01:57:29,315
That brings us to public presentations.

1490
01:57:29,315 --> 01:57:32,915
Do we have any public presentations?

1491
01:57:33,395 --> 01:57:33,965
Howard?

1492
01:57:33,965 --> 01:57:35,965
Please come forward.

1493
01:57:47,350 --> 01:57:50,635
Howard was here, where is he?

1494
01:57:58,533 --> 01:58:03,275
Clerk: We just got another speaker card, so let me --

1495
01:58:03,275 --> 01:58:08,383
Mayor Gillmor: Here he is, Howard you are up.

1496
01:58:08,383 --> 01:58:11,383
That's okay, we forgive you.

1497
01:58:19,799 --> 01:58:28,199
>> I guess it's not part of it, but I was part of the economic

1498
01:58:32,115 --> 01:58:34,150
development, I guess everything's over.

1499
01:58:34,150 --> 01:58:36,875
But it's kind of neat to watch how the sausage is

1500
01:58:36,875 --> 01:58:38,635
made as they say.

1501
01:58:38,635 --> 01:58:45,235
I'd like to see more people get involved with the city,

1502
01:58:45,395 --> 01:58:47,115
and the different things that went on.

1503
01:58:47,115 --> 01:58:53,179
So many people lucked out on seeing some of this stuff

1504
01:58:53,179 --> 01:58:57,275
and on voting what's going to happen.

1505
01:58:57,275 --> 01:59:00,835
It's cool to be part of that.

1506
01:59:00,835 --> 01:59:05,426
And it's nice to see the guys who put up the big money

1507
01:59:05,426 --> 01:59:09,260
and made that come to be.

1508
01:59:10,915 --> 01:59:16,915
I'm not complaining about much tonight except I'm still asking

1509
01:59:19,915 --> 01:59:25,795
for our buddy up there in the first district to get some

1510
01:59:25,795 --> 01:59:30,595
parking comments getting cut out and losing parking .

1511
01:59:33,400 --> 01:59:36,775
And I make my money off those people so when it's down

1512
01:59:36,775 --> 01:59:38,308
I'm down.

1513
01:59:38,308 --> 01:59:43,708
So hopefully we can get that reliant parking lot

1514
01:59:44,395 --> 01:59:47,395
opened back up for commuters.

1515
01:59:48,555 --> 01:59:52,208
They're not utilizing the land, so maybe the city

1516
01:59:52,208 --> 01:59:55,370
will start utilizing it again for themselves.

1517
01:59:55,370 --> 01:59:58,370
But anyway, Albert wake up.

1518
01:59:59,755 --> 02:00:01,755
District one.

1519
02:00:02,755 --> 02:00:06,701
I don't have much more to say.

1520
02:00:06,701 --> 02:00:09,635
Thank you for your time.

1521
02:00:09,635 --> 02:00:13,235
Mayor Gillmor: Thank you Howard, next we have Chris.

1522
02:00:13,235 --> 02:00:15,235
Chris come forward.

1523
02:00:19,881 --> 02:00:23,481
>> Thank you mayor Gillmor and Council.

1524
02:00:23,677 --> 02:00:26,135
This is a follow up to what I brought you last week so this

1525
02:00:26,135 --> 02:00:28,843
is only three minutes so I guess this is a two part presentation.

1526
02:00:28,843 --> 02:00:33,111
I think we all know that when candidates run for office

1527
02:00:33,111 --> 02:00:34,975
it is optional whether they choose

1528
02:00:34,975 --> 02:00:37,975
to have a ballot designation on the ballot or not.

1529
02:00:37,975 --> 02:00:42,115
So the only purpose that there's a ballot designation is

1530
02:00:42,115 --> 02:00:44,715
a political choice made by the candidate,

1531
02:00:44,715 --> 02:00:47,435
and there are restrictions on what they can put on or can't.

1532
02:00:47,435 --> 02:00:49,935
That's their choice, if they don't want a ballot designation

1533
02:00:49,935 --> 02:00:51,523
they don't have to have one.

1534
02:00:51,523 --> 02:00:55,675
As I shared last week a comment I'm going to share it again

1535
02:00:55,675 --> 02:00:58,635
but the pass out that I gave to you, which

1536
02:00:58,635 --> 02:01:04,350
the assistant clerk was helping me surface last Friday.

1537
02:01:04,705 --> 02:01:08,305
Under the California Code of Regulations 20716,

1538
02:01:09,395 --> 02:01:11,155
unacceptable ballot designations,

1539
02:01:11,155 --> 02:01:17,147
a candidate may not use the word retired in his or her ballot

1540
02:01:17,147 --> 02:01:19,595
designation if that candidate possesses

1541
02:01:19,595 --> 02:01:23,195
another more recent intervening principle profession

1542
02:01:23,795 --> 02:01:25,555
or occupation.

1543
02:01:25,555 --> 02:01:27,395
So why is that relevant?

1544
02:01:27,395 --> 02:01:29,950
It's relevant because in this race

1545
02:01:29,950 --> 02:01:33,895
one of the candidates for mayor, Gary Ferraris

1546
02:01:34,165 --> 02:01:38,365
submitted his request for a ballot designation.

1547
02:01:38,619 --> 02:01:42,211
I have copies of it now, you can look at it directly,

1548
02:01:42,211 --> 02:01:47,275
there had been some questions brought up last week in terms

1549
02:01:47,275 --> 02:01:50,767
of the city clerk himself trying to talk to me after I presented

1550
02:01:50,767 --> 02:01:53,395
and saying that nobody knows exactly what he

1551
02:01:53,395 --> 02:01:55,795
does or doesn't do.

1552
02:01:55,795 --> 02:01:57,848
And frankly I feel gaslit.

1553
02:01:57,848 --> 02:02:01,435
And I would hope that the Council and the city residents

1554
02:02:01,435 --> 02:02:05,877
do as well because the actual form itself that Gary signed.

1555
02:02:05,877 --> 02:02:10,750
Is not illegal, I'm not accusing him of doing anything wrong,

1556
02:02:10,750 --> 02:02:13,315
but you can see he put down his three choices in order.

1557
02:02:13,315 --> 02:02:16,688
His first choice putting down his labor president supervisor,

1558
02:02:16,688 --> 02:02:19,175
second choice retired city employee,

1559
02:02:19,175 --> 02:02:22,483
and third choice is his current full time position

1560
02:02:22,483 --> 02:02:26,595
which he has had for more than two years, labor representative.

1561
02:02:26,595 --> 02:02:30,171
If you flip over to the second page

1562
02:02:30,171 --> 02:02:36,261
and look at the very bottom, there is red ink that is there.

1563
02:02:36,261 --> 02:02:40,295
And again this is the city's document, not mine.

1564
02:02:40,295 --> 02:02:43,418
There have been questions last week about whether or not

1565
02:02:43,418 --> 02:02:45,155
the California Code of Regulations

1566
02:02:45,155 --> 02:02:49,495
is applicable at all to the city of Santa Clara.

1567
02:02:49,495 --> 02:02:52,555
Well the city of Santa Clara City Clerk's office

1568
02:02:52,555 --> 02:02:55,235
obviously considers that it is because if you read their

1569
02:02:55,235 --> 02:02:58,705
for your reference attached is the election code sections,

1570
02:02:58,705 --> 02:03:00,701
it lists some of document, those.

1571
02:03:00,701 --> 02:03:02,189
And not the mine.

1572
02:03:02,189 --> 02:03:04,569
There were questions last week about

1573
02:03:04,569 --> 02:03:08,949
whether or not the California Co regulations is applicable at all

1574
02:03:08,949 --> 02:03:11,309
to the city of Santa Clara.

1575
02:03:11,309 --> 02:03:14,504
The city of Santa Clara City Clerk's office

1576
02:03:14,504 --> 02:03:17,822
considers it is because if you read, for your reference,

1577
02:03:17,822 --> 02:03:19,989
attached to our elections codes sections

1578
02:03:19,989 --> 02:03:24,199
and it gives some of those and California Code of Regulations,

1579
02:03:24,199 --> 02:03:27,199
CCR title two section 20711, which

1580
02:03:28,148 --> 02:03:33,783
is part of the section between 2710 and 2719, you go on

1581
02:03:33,783 --> 02:03:38,589
and it says you also may wish to consult CCR title two sections

1582
02:03:38,589 --> 02:03:40,109
and it's right there.

1583
02:03:40,109 --> 02:03:42,690
20712220719.

1584
02:03:42,690 --> 02:03:48,690
20716 which I provided for the second week in the attachment

1585
02:03:49,713 --> 02:03:52,333
is obviously the city Clerk's office is saying

1586
02:03:52,333 --> 02:03:54,274
of course this is relevant.

1587
02:03:54,274 --> 02:03:57,681
The argument that it's not relevant --

1588
02:03:57,681 --> 02:03:59,461
I consider that a concern.

1589
02:03:59,461 --> 02:04:02,897
The deeper concern and reason I'm here talking to you --

1590
02:04:02,897 --> 02:04:05,770
I know the city clerk is not your employee.

1591
02:04:05,770 --> 02:04:07,329
You don't have any direct oversight.

1592
02:04:07,329 --> 02:04:09,485
The city attorney is your employee

1593
02:04:09,485 --> 02:04:11,569
the city manager is your employee.

1594
02:04:11,569 --> 02:04:13,365
I was told by the city manager, he

1595
02:04:13,365 --> 02:04:15,869
knew nothing about any of this.

1596
02:04:15,869 --> 02:04:18,409
Very difficult to make that conclusion

1597
02:04:18,409 --> 02:04:21,149
because the rest of city clerk staff reports

1598
02:04:21,149 --> 02:04:25,490
to the city manager and again, I want to thank the assistant city

1599
02:04:25,490 --> 02:04:25,549
clerk.

1600
02:04:25,549 --> 02:04:27,749
Nora was extremely honest and direct

1601
02:04:27,749 --> 02:04:30,869
and told me yes, when this came in they went and talked

1602
02:04:30,869 --> 02:04:32,853
to the city attorney.

1603
02:04:32,853 --> 02:04:35,129
After having that discussion they

1604
02:04:35,129 --> 02:04:37,885
took that information and then the city clerk

1605
02:04:37,885 --> 02:04:39,295
obviously made his decision.

1606
02:04:39,295 --> 02:04:43,490
I think for me bringing it forward because this whole sense

1607
02:04:43,490 --> 02:04:45,981
that oh the city manager knew nothing and he's telling members

1608
02:04:45,981 --> 02:04:49,369
of the public he knew nothing -- the city attorney is just kind

1609
02:04:49,369 --> 02:04:51,949
of hiding over here not saying anything but obviously was

1610
02:04:51,949 --> 02:04:52,469
involved.

1611
02:04:52,469 --> 02:04:54,444
It's impossible for me to believe

1612
02:04:54,444 --> 02:04:56,690
the city attorney could have a question

1613
02:04:56,690 --> 02:04:58,753
about a mayoral candidate and not at least chat

1614
02:04:58,753 --> 02:05:01,455
about it with the city manager or that the city manager had

1615
02:05:01,455 --> 02:05:04,190
no concept that this discussion was going on.

1616
02:05:04,190 --> 02:05:07,171
I'm bringing it to you for your consideration at least

1617
02:05:07,171 --> 02:05:10,762
to follow up at least because honor I think is important.

1618
02:05:10,762 --> 02:05:12,495
Thank you.

1619
02:05:12,495 --> 02:05:13,784
>> Thank you Chris.

1620
02:05:13,784 --> 02:05:16,784
Next we have Anthony Becker.

1621
02:05:17,949 --> 02:05:21,549
Mr. Becker will have nine minutes.

1622
02:05:25,909 --> 02:05:27,909
>> Welcome.

1623
02:05:30,549 --> 02:05:34,854
So I would have been here on another topic tonight.

1624
02:05:34,854 --> 02:05:36,817
Frankly I had to change ideas and shift

1625
02:05:36,817 --> 02:05:38,165
what I was going to talk about.

1626
02:05:38,165 --> 02:05:40,362
At the last meeting something was

1627
02:05:40,362 --> 02:05:43,131
said at the end that was not on the agenda.

1628
02:05:43,131 --> 02:05:45,375
I was told consistently --

1629
02:05:45,375 --> 02:05:50,327
I was told since I was not there that I cannot refute the city

1630
02:05:50,327 --> 02:05:51,952
manager said at the end of the meeting.

1631
02:05:51,952 --> 02:05:55,102
I am here to refute the city manager said.

1632
02:05:55,102 --> 02:05:56,977
City manager took a moment out of the meeting

1633
02:05:56,977 --> 02:05:59,269
under the City Manager report to respond to my comments

1634
02:05:59,269 --> 02:06:00,749
I made during public presentations

1635
02:06:00,749 --> 02:06:02,857
about data centers and big data.

1636
02:06:02,857 --> 02:06:05,382
The city manager took the time and had

1637
02:06:05,382 --> 02:06:08,909
said it was patently false what I had said about him

1638
02:06:08,909 --> 02:06:11,589
saying to me about big data.

1639
02:06:11,589 --> 02:06:15,489
It's his right to deny it saying so.

1640
02:06:15,489 --> 02:06:18,602
However, it's patently true because you, Mr. City manager,

1641
02:06:18,602 --> 02:06:21,455
are the one who introduced me to the word Big Data.

1642
02:06:21,455 --> 02:06:25,269
I know this because my response to you was like, big pharma?

1643
02:06:25,269 --> 02:06:26,709
With a question mark.

1644
02:06:26,709 --> 02:06:30,331
I know you were concerned about making waves with big data

1645
02:06:30,331 --> 02:06:33,269
and that they will try to stop us from creating any regulations

1646
02:06:33,269 --> 02:06:37,685
and moratoriums, even though we were not going to the ballot.

1647
02:06:37,685 --> 02:06:39,141
I'm truly confused.

1648
02:06:39,141 --> 02:06:43,162
Is that you never introduced me to the word big data

1649
02:06:43,162 --> 02:06:47,729
or the concerns -- and make waves for big data?

1650
02:06:47,729 --> 02:06:48,295
Just curious.

1651
02:06:48,295 --> 02:06:51,628
I'm sorry to say to the city manager, I feel you are wrong.

1652
02:06:51,628 --> 02:06:53,873
I remembered this term of big data

1653
02:06:53,873 --> 02:06:55,584
since that first meeting we had.

1654
02:06:55,584 --> 02:06:58,839
In fact, I mentioned all this in my letter

1655
02:06:58,839 --> 02:07:02,109
to Erin Brockovich Crusade on data centers including

1656
02:07:02,109 --> 02:07:04,302
the quote, on big data.

1657
02:07:04,302 --> 02:07:06,209
But this denial of what you said also

1658
02:07:06,209 --> 02:07:09,901
brings me to what I was pushing for before in my request

1659
02:07:09,901 --> 02:07:12,714
to investigate the information to the Chronicle.

1660
02:07:12,714 --> 02:07:16,904
When I first mentioned this in February shortly after the city

1661
02:07:16,904 --> 02:07:19,279
manager and I would have small exchanges and pleasantries

1662
02:07:19,279 --> 02:07:21,545
and he would speak to me about what

1663
02:07:21,545 --> 02:07:23,990
I had said about the investigation

1664
02:07:23,990 --> 02:07:26,179
or lack thereof into mayor and Council and the investigation,

1665
02:07:26,179 --> 02:07:28,802
how I quoted him saying she's going

1666
02:07:28,802 --> 02:07:30,821
to lie, referring to the mayor.

1667
02:07:30,821 --> 02:07:33,904
The city manager kept speaking as if I was misremembering

1668
02:07:33,904 --> 02:07:36,389
and if I could stop saying it.

1669
02:07:36,389 --> 02:07:39,455
However, when I asked someone in staff about it

1670
02:07:39,455 --> 02:07:42,309
they said you're being gaslit by the city manager

1671
02:07:42,309 --> 02:07:43,837
and to misremembering.

1672
02:07:43,837 --> 02:07:46,971
However, when I was asked --

1673
02:07:46,971 --> 02:07:50,310
however, we all know we were here and we know what

1674
02:07:50,310 --> 02:07:52,489
the concerns to investigate with the mayor were because her

1675
02:07:52,489 --> 02:07:55,669
ability to be honest and transparent --

1676
02:07:55,669 --> 02:07:56,869
everything pointing to her.

1677
02:07:56,869 --> 02:07:58,875
There were so many questions.

1678
02:07:58,875 --> 02:08:00,375
When the city manager said to me you

1679
02:08:00,375 --> 02:08:03,390
know she's just going to lie and deny his response including

1680
02:08:03,390 --> 02:08:05,325
his discussion with me on data centers and big data.

1681
02:08:05,325 --> 02:08:08,629
I have grave concerns about the quality of the investigation

1682
02:08:08,629 --> 02:08:10,117
into the FIFA link.

1683
02:08:10,117 --> 02:08:14,889
I also have grave concerns about how the investigation was

1684
02:08:14,889 --> 02:08:17,998
handled, how we managed it when we can't even

1685
02:08:17,998 --> 02:08:19,581
have management or anybody in the city

1686
02:08:19,581 --> 02:08:23,210
take responsibility for words they said or had

1687
02:08:23,210 --> 02:08:24,322
and want investigative.

1688
02:08:24,322 --> 02:08:27,719
Is there something -- is there going to be something or any

1689
02:08:27,719 --> 02:08:29,469
responsibility and accountability for that

1690
02:08:29,469 --> 02:08:30,935
investigations results?

1691
02:08:30,935 --> 02:08:33,762
This makes me ask what else would you deny?

1692
02:08:33,762 --> 02:08:36,600
From what I've heard when I was a council member,

1693
02:08:36,600 --> 02:08:38,791
I know the city manager was yelling at a council

1694
02:08:38,791 --> 02:08:39,624
member on the phone.

1695
02:08:39,624 --> 02:08:40,915
Let's say this is true.

1696
02:08:40,915 --> 02:08:43,389
Only because I heard it.

1697
02:08:43,389 --> 02:08:45,709
That made me really concerned.

1698
02:08:45,709 --> 02:08:50,190
However, this makes me feel more for a need and to be blunt,

1699
02:08:50,190 --> 02:08:53,589
for all elected officials to be wearing body worn cameras

1700
02:08:53,589 --> 02:08:56,482
so we can see who says what.

1701
02:08:56,482 --> 02:08:59,303
I learned that city managers will deny things

1702
02:08:59,303 --> 02:09:00,442
and I'm not surprised.

1703
02:09:00,442 --> 02:09:03,809
I learned that in 2022 when I was first on Council.

1704
02:09:03,809 --> 02:09:05,962
Deanna Santana when city manager told

1705
02:09:05,962 --> 02:09:09,729
me and others to delete text messages which again, she'll

1706
02:09:09,729 --> 02:09:10,814
probably deny.

1707
02:09:10,814 --> 02:09:14,429
However, Councilman Jain was there to witness that.

1708
02:09:14,429 --> 02:09:16,789
City manager additionally said about my comments

1709
02:09:16,789 --> 02:09:19,961
that there was a joint dinner on this issue of data centers.

1710
02:09:19,961 --> 02:09:22,153
That was not primarily the issue.

1711
02:09:22,153 --> 02:09:24,855
I pushed for a sole meeting between the two bodies

1712
02:09:24,855 --> 02:09:28,509
not at dinner where there were distractions of food and time

1713
02:09:28,509 --> 02:09:30,969
constraints I think we only had an hour.

1714
02:09:30,969 --> 02:09:32,637
I was talking about hands on meeting

1715
02:09:32,637 --> 02:09:35,117
with only the subject being about data centers

1716
02:09:35,117 --> 02:09:36,117
and possible regulation.

1717
02:09:36,117 --> 02:09:38,245
Ask any of those commissioners if they ever

1718
02:09:38,245 --> 02:09:41,610
got a chance to have a sole meeting with the Council

1719
02:09:41,610 --> 02:09:43,949
on just data centers and if there was enough time.

1720
02:09:43,949 --> 02:09:45,611
The answer will be a big no.

1721
02:09:45,611 --> 02:09:48,309
The Planning Commission was the biggest voice on this issue

1722
02:09:48,309 --> 02:09:50,537
and they were well informed.

1723
02:09:50,537 --> 02:09:53,530
I listened and pushed for it so therefore there

1724
02:09:53,530 --> 02:09:55,409
was never a big conversation between the two bodies

1725
02:09:55,409 --> 02:09:57,549
or the future of data centers.

1726
02:09:57,549 --> 02:10:00,109
What's going to stop you all from doing that now?

1727
02:10:00,109 --> 02:10:02,590
San Jose just regulated data centers

1728
02:10:02,590 --> 02:10:05,369
like many other communities in the city in this nation.

1729
02:10:05,369 --> 02:10:08,853
But the city manager and mayor's response to city manager

1730
02:10:08,853 --> 02:10:11,917
by saying nothing mattered if anything I said is true,

1731
02:10:11,917 --> 02:10:17,317
that goes against the stupid report from 2024 that said

1732
02:10:17,573 --> 02:10:22,965
Kevin, Karen -- which is a head scratcher --

1733
02:10:22,965 --> 02:10:26,769
use city meetings to harass, air grievances and attack members

1734
02:10:26,769 --> 02:10:27,501
of the community.

1735
02:10:27,501 --> 02:10:29,421
Here we are doing the same.

1736
02:10:29,421 --> 02:10:30,589
What is this?

1737
02:10:30,589 --> 02:10:32,140
Hypocrisy or democracy?

1738
02:10:32,140 --> 02:10:33,335
Can't be both.

1739
02:10:33,335 --> 02:10:36,459
But then again it's all double standards as I've noticed.

1740
02:10:36,459 --> 02:10:38,565
No concerns about statements that were made.

1741
02:10:38,565 --> 02:10:42,373
You know she's going to lie, that big data statement --

1742
02:10:42,373 --> 02:10:45,350
I mentioned in the past --

1743
02:10:45,350 --> 02:10:47,530
but also to silence on other things

1744
02:10:47,530 --> 02:10:49,469
like the former member telling me

1745
02:10:49,469 --> 02:10:52,309
and my husband about his ketamine use

1746
02:10:52,309 --> 02:10:54,965
in a way of getting his boyfriend pharmacist to get

1747
02:10:54,965 --> 02:10:55,925
us anything we wanted.

1748
02:10:55,925 --> 02:10:57,413
And a current member who witnessed

1749
02:10:57,413 --> 02:11:00,508
the whole thing that currently praises the mayor's leadership.

1750
02:11:00,508 --> 02:11:04,108
What kind of leadership is that?

1751
02:11:04,337 --> 02:11:07,819
I know you all reached out to others with concerns

1752
02:11:07,819 --> 02:11:09,615
about what I may have said.

1753
02:11:09,615 --> 02:11:11,509
That's the concern I have to.

1754
02:11:11,509 --> 02:11:14,714
It's also the same double standards and the mayor's ethics

1755
02:11:14,714 --> 02:11:19,341
and -- or Mayor Kennedy -- breaking the law as the council

1756
02:11:19,341 --> 02:11:21,549
member with her husband and avoiding all consequences

1757
02:11:21,549 --> 02:11:23,375
and even the mayor --

1758
02:11:23,375 --> 02:11:27,425
as well from past situations and the current one about --

1759
02:11:27,425 --> 02:11:29,489
on the FIFA information.

1760
02:11:29,489 --> 02:11:32,693
But again, nothing is ever done.

1761
02:11:32,693 --> 02:11:33,895
All double standards.

1762
02:11:33,895 --> 02:11:36,239
Everyone's above the rules.

1763
02:11:36,239 --> 02:11:41,879
No one is denied anything except for Sir James, Mary Gilmore's

1764
02:11:41,879 --> 02:11:45,690
close friend, denying any allegations for all of them.

1765
02:11:45,690 --> 02:11:46,789
Nobody else has denied it.

1766
02:11:46,789 --> 02:11:50,689
Will he be right on schedule to speak right after me?

1767
02:11:50,689 --> 02:11:52,662
Is Mayor Gilmore texting him to do it tonight?

1768
02:11:52,662 --> 02:11:54,620
You never know because they're never telling us

1769
02:11:54,620 --> 02:11:55,704
what their texts are.

1770
02:11:55,704 --> 02:11:57,121
Based on the decision to speak out

1771
02:11:57,121 --> 02:11:59,579
against the member of the public at the end of the meeting,

1772
02:11:59,579 --> 02:12:01,493
and they were not there to defend themselves

1773
02:12:01,493 --> 02:12:05,402
nor on the agenda, the mayor saying what I said was not true

1774
02:12:05,402 --> 02:12:06,955
and does not earn a response.

1775
02:12:06,955 --> 02:12:10,794
However, she's saying the exact same thing in an unethical based

1776
02:12:10,794 --> 02:12:13,709
standard that she pushes for and complains to the grand jury

1777
02:12:13,709 --> 02:12:14,209
about.

1778
02:12:14,209 --> 02:12:18,539
Mayor, I also see you crack from afterwards.

1779
02:12:18,539 --> 02:12:20,349
And abusing your role.

1780
02:12:20,349 --> 02:12:23,842
Ask any colleagues if she does that and ask any or.

1781
02:12:23,842 --> 02:12:25,513
Any public servant no matter what

1782
02:12:25,513 --> 02:12:29,390
their role therein, whether it be city manager, mayor

1783
02:12:29,390 --> 02:12:31,649
or all the way across every position,

1784
02:12:31,649 --> 02:12:35,109
should be focused on what's best for the community

1785
02:12:35,109 --> 02:12:37,129
and not their self-serving needs.

1786
02:12:37,129 --> 02:12:40,950
Is disappointing I have to come back here and have

1787
02:12:40,950 --> 02:12:42,341
to defend myself for comments that

1788
02:12:42,341 --> 02:12:45,245
were made in the past meeting.

1789
02:12:45,245 --> 02:12:47,201
That reminds me about another issue which

1790
02:12:47,201 --> 02:12:49,682
is about the ethics consultant and why you're not

1791
02:12:49,682 --> 02:12:51,849
taking care of that even though election has started

1792
02:12:51,849 --> 02:12:53,224
and there's a lot going on that's

1793
02:12:53,224 --> 02:12:56,369
happened since the start of this election as you know.

1794
02:12:56,369 --> 02:13:01,370
My question is that I hope there's an apology at hand

1795
02:13:01,370 --> 02:13:02,442
somewhere down the road.

1796
02:13:02,442 --> 02:13:04,109
I understand the city manager's position

1797
02:13:04,109 --> 02:13:07,845
and I understand even the city's position and staff.

1798
02:13:07,845 --> 02:13:10,429
Again, one person does not run the city.

1799
02:13:10,429 --> 02:13:14,850
People shouldn't be intimidated by that one person and three,

1800
02:13:14,850 --> 02:13:15,929
people should be transparent.

1801
02:13:15,929 --> 02:13:19,505
This is what government is all about and the ethics of what we

1802
02:13:19,505 --> 02:13:24,229
all talked about for the last 3 to 4 years is really just --

1803
02:13:24,229 --> 02:13:25,529
really exhausting.

1804
02:13:25,529 --> 02:13:29,122
Again, my question was why does somebody take the time out

1805
02:13:29,122 --> 02:13:31,435
of the meeting just like the mayor --

1806
02:13:31,435 --> 02:13:34,189
when you couldn't do the same thing in the past?

1807
02:13:34,189 --> 02:13:36,189
Especially (inaudible)?

1808
02:13:37,183 --> 02:13:41,309
I think we're living in a hypocrisy and not a democracy.

1809
02:13:41,309 --> 02:13:44,202
I think the cards prove that already.

1810
02:13:44,202 --> 02:13:46,169
Thank you.

1811
02:13:46,169 --> 02:13:47,535
>> Thank you very much.

1812
02:13:47,535 --> 02:13:49,935
Next we have Brian.

1813
02:13:50,245 --> 02:13:51,570
Brian?

1814
02:13:51,570 --> 02:13:53,570
Go ahead.

1815
02:13:53,509 --> 02:13:54,966
>> Thank you.

1816
02:13:54,966 --> 02:13:59,166
I hope this is within the purview.

1817
02:13:59,579 --> 02:14:01,979
Dolly Parton died at 80.

1818
02:14:03,569 --> 02:14:09,709
I've got a ways to go but hopefully I make it.

1819
02:14:09,709 --> 02:14:16,222
Another -- our debate is sharing this person's name so --

1820
02:14:16,222 --> 02:14:22,135
he's a representative of a large part of what the City Council

1821
02:14:22,135 --> 02:14:25,998
has to deal with and something happened and he was caught

1822
02:14:25,998 --> 02:14:27,264
in a perplexed situation.

1823
02:14:27,264 --> 02:14:33,318
I just want to say to his family, there is healing

1824
02:14:33,318 --> 02:14:34,993
and I hope healing for you.

1825
02:14:34,993 --> 02:14:36,865
Especially the kids.

1826
02:14:36,865 --> 02:14:43,789
And I don't ever rejoice when someone I might be a political

1827
02:14:43,789 --> 02:14:45,789
opponent of --

1828
02:14:46,388 --> 02:14:51,537
I think that has caused enough damage in our country.

1829
02:14:51,537 --> 02:14:57,109
So to that family, I hope -- going through what you're going

1830
02:14:57,109 --> 02:14:57,933
through.

1831
02:14:57,933 --> 02:15:03,333
I don't condone what was done but apparently --

1832
02:15:03,589 --> 02:15:07,218
responsibility or some people may not --

1833
02:15:07,218 --> 02:15:09,989
I'm just saying there's young people that are involved

1834
02:15:09,989 --> 02:15:14,909
and any family that's hurting, just like the gentleman who

1835
02:15:14,909 --> 02:15:19,709
spoke before, I never rejoice in what happened,

1836
02:15:21,179 --> 02:15:22,653
and there is healing.

1837
02:15:22,653 --> 02:15:26,129
I'm not making a statement about what was said.

1838
02:15:26,129 --> 02:15:27,829
There is healing for people.

1839
02:15:27,829 --> 02:15:28,989
Thank you.

1840
02:15:28,989 --> 02:15:30,482
>> Thank you Brian.

1841
02:15:30,482 --> 02:15:32,882
Next we have number 0183.

1842
02:15:35,290 --> 02:15:37,290
Go ahead.

1843
02:15:37,245 --> 02:15:39,245
Good evening.

1844
02:15:39,460 --> 02:15:41,860
My name is James.

1845
02:15:43,131 --> 02:15:49,131
I just heard a remarkable and fantastic tale of convicted

1846
02:15:50,900 --> 02:15:54,839
felon and Perjurer Anthony Becker who enlisted the city

1847
02:15:54,839 --> 02:15:58,322
manager, former state legislators and current state

1848
02:15:58,322 --> 02:16:03,722
legislators -- body cameras on elected officials and Mayor

1849
02:16:04,709 --> 02:16:11,309
Gilmore and -- (inaudible) not like a tale written by Homer

1850
02:16:14,929 --> 02:16:20,549
or Virgil or even -- sounds more like an episode of Gumby

1851
02:16:20,549 --> 02:16:21,509
and the Blockheads.

1852
02:16:21,509 --> 02:16:26,228
In this case the blockhead doesn't have a square head.

1853
02:16:26,228 --> 02:16:29,828
It's sort of oval and bald.

1854
02:16:33,669 --> 02:16:37,680
Anyway in this case there's two blockheads.

1855
02:16:37,680 --> 02:16:43,609
It's just bad and pathetic that Mr. Becker again thinks --

1856
02:16:43,609 --> 02:16:46,629
now he's gone after Mr. --

1857
02:16:46,629 --> 02:16:48,600
I've never met Mr. Grove in.

1858
02:16:48,600 --> 02:16:51,648
Let me say for the record, I think he's a wonderful person.

1859
02:16:51,648 --> 02:16:53,937
My dog thinks so too.

1860
02:16:53,937 --> 02:16:59,335
And as far as Mr. York is concerned, all I can say

1861
02:16:59,335 --> 02:17:03,133
is it's not like Gilgamesh who traveled

1862
02:17:03,133 --> 02:17:06,290
to find the spirit of youth.

1863
02:17:06,290 --> 02:17:09,135
In his case he traveled to a trailer park.

1864
02:17:09,135 --> 02:17:12,735
It's rather disappointing and not something

1865
02:17:13,568 --> 02:17:17,114
to look at or for young people to see

1866
02:17:17,114 --> 02:17:19,477
as a role model of course.

1867
02:17:19,477 --> 02:17:26,340
They could have a role model of Mr. Becker in terms

1868
02:17:26,340 --> 02:17:31,434
of his fantastical journey, which is once again lacking

1869
02:17:32,269 --> 02:17:33,869
the truth.

1870
02:17:33,869 --> 02:17:35,869
Thank you.

1871
02:17:35,949 --> 02:17:36,909
>> Thank you.

1872
02:17:36,909 --> 02:17:39,109
City Clerk, do we have assistance?

1873
02:17:39,109 --> 02:17:41,789
Do we have any other public speakers?

1874
02:17:41,789 --> 02:17:44,537
Is there anyone else who would like to make a public statement?

1875
02:17:44,537 --> 02:17:47,850
We will move on then.

1876
02:17:47,850 --> 02:17:49,152
We moved item --

1877
02:17:49,152 --> 02:17:52,485
I'll take it before the consent item I pulled.

1878
02:17:52,485 --> 02:17:56,850
Council member Jin-- item number ten,

1879
02:17:57,845 --> 02:17:59,829
action on a Council written request

1880
02:17:59,829 --> 02:18:04,375
submitted by Council member Jain to place the item

1881
02:18:04,375 --> 02:18:06,375
on a future agenda regarding a dedicated manager

1882
02:18:06,375 --> 02:18:09,340
responsible for sustainability activities such as increasing

1883
02:18:09,340 --> 02:18:10,757
recycling and reducing water usage

1884
02:18:10,757 --> 02:18:13,959
and increasing composting and reducing carbon emissions

1885
02:18:13,959 --> 02:18:16,359
and tracking related metrics.

1886
02:18:16,749 --> 02:18:20,869
This is just a recommendation to put it on a future council

1887
02:18:20,869 --> 02:18:22,309
meeting for discussion.

1888
02:18:22,309 --> 02:18:24,309
Council Member Jain?

1889
02:18:26,698 --> 02:18:27,240
>> Thank you.

1890
02:18:27,240 --> 02:18:29,589
I've been advocating for this for 15 years now.

1891
02:18:29,589 --> 02:18:31,749
Before I was on planning commission

1892
02:18:31,749 --> 02:18:33,995
and before on City Council and I'm

1893
02:18:33,995 --> 02:18:36,515
going to read from the zero 30, which

1894
02:18:36,515 --> 02:18:40,547
is a request to have this Agendized for future council

1895
02:18:40,547 --> 02:18:41,470
meeting.

1896
02:18:41,470 --> 02:18:43,669
The city used to have a sustainability manager who

1897
02:18:43,669 --> 02:18:45,989
reported to the city manager and that person

1898
02:18:45,989 --> 02:18:49,469
ended up working another issues like public relations

1899
02:18:49,469 --> 02:18:52,629
while still being in the role of a sustainability manager.

1900
02:18:52,629 --> 02:18:55,900
We now have a management analyst who

1901
02:18:55,900 --> 02:18:57,349
is supposedly dedicated for sustainability

1902
02:18:57,349 --> 02:18:59,299
but is working on a number of issues

1903
02:18:59,299 --> 02:19:02,489
like supporting the neighborhood University Relations Committee.

1904
02:19:02,489 --> 02:19:06,890
With a $1.7 billion overall city budget

1905
02:19:07,954 --> 02:19:10,369
that eclipses cities that are larger

1906
02:19:10,369 --> 02:19:12,501
and population than Santa Clara, we

1907
02:19:12,501 --> 02:19:15,709
deserve to have a full time sustainability manager.

1908
02:19:15,709 --> 02:19:18,509
Freemont, Mountain View and Palo Alto

1909
02:19:18,509 --> 02:19:21,335
all have full time sustainability managers.

1910
02:19:21,335 --> 02:19:24,191
Santa Clara is a very aggressive climate action

1911
02:19:24,191 --> 02:19:26,870
plan in terms of carbon emissions

1912
02:19:26,870 --> 02:19:28,973
but we don't seem to be tracking our emissions

1913
02:19:28,973 --> 02:19:32,629
and how we're doing relative to our stated goals.

1914
02:19:32,629 --> 02:19:36,909
Silicon Valley has a fiscal year 2024 operating budget

1915
02:19:36,909 --> 02:19:41,109
of $909 million with electricity sales of $723 million

1916
02:19:42,179 --> 02:19:47,869
per year with a total carbon emissions from electricity sales

1917
02:19:47,869 --> 02:19:48,909
is immense.

1918
02:19:48,909 --> 02:19:52,113
We need a dedicated manager who is

1919
02:19:52,113 --> 02:19:54,425
responsible for all kinds of activities,

1920
02:19:54,425 --> 02:19:58,250
like increasing recycling, reducing water use,

1921
02:19:58,455 --> 02:20:00,855
increasing composting, reducing carbon

1922
02:20:01,290 --> 02:20:05,229
emissions, decarbonization and tracking all those numbers.

1923
02:20:05,909 --> 02:20:09,509
Individually, our departments have sustainability activities

1924
02:20:10,389 --> 02:20:12,669
but there doesn't seem to be any one

1925
02:20:12,669 --> 02:20:16,435
to coordinate those activities and to aggregate the impacts.

1926
02:20:16,435 --> 02:20:20,157
We also need to update our Climate action plan which

1927
02:20:20,157 --> 02:20:22,557
was last updated in 2022.

1928
02:20:22,742 --> 02:20:26,935
So in our Climate action plan, we

1929
02:20:26,935 --> 02:20:31,735
have the target of 80% carbon reduction Citywide by 2035,

1930
02:20:32,589 --> 02:20:36,255
which is not as aggressive as Palo Alto which is

1931
02:20:36,255 --> 02:20:37,675
trying to achieve that by 2030.

1932
02:20:37,675 --> 02:20:40,653
But that is a very aggressive goal

1933
02:20:40,653 --> 02:20:42,909
and we need somebody dedicated to making

1934
02:20:42,909 --> 02:20:45,909
sure we meet that target.

1935
02:20:46,642 --> 02:20:51,442
So I'm advocating that with our immense budget

1936
02:20:52,695 --> 02:20:58,695
we set aside a position dedicated to reducing our carbon

1937
02:20:59,659 --> 02:21:00,159
footprint.

1938
02:21:00,159 --> 02:21:01,629
Thank you.

1939
02:21:01,629 --> 02:21:04,775
>> A motion to put it on a future agenda?

1940
02:21:04,775 --> 02:21:08,769
>> That is a motion but I believe we have some --

1941
02:21:08,769 --> 02:21:11,769
>> I will second that motion.

1942
02:21:11,989 --> 02:21:17,435
>> So council member Jain made a motion to place this on a future

1943
02:21:17,435 --> 02:21:17,935
agenda.

1944
02:21:17,935 --> 02:21:20,334
Seconded by Council member Park.

1945
02:21:20,334 --> 02:21:22,334
Council member Hardy?

1946
02:21:26,226 --> 02:21:28,309
>> I was going to make the motion, so that's fine.

1947
02:21:28,309 --> 02:21:30,309
>> Council member Park?

1948
02:21:30,522 --> 02:21:32,922
>> I second the motion.

1949
02:21:33,789 --> 02:21:37,149
>> So knowing that it's going on a future agenda

1950
02:21:37,149 --> 02:21:39,579
and our discussion should be related to putting it

1951
02:21:39,579 --> 02:21:46,779
on a future agenda and your thoughts on that, we have --

1952
02:21:47,611 --> 02:21:49,221
>> (inaudible)

1953
02:21:49,221 --> 02:21:50,839
>> Somebody needs to mute themselves.

1954
02:21:50,839 --> 02:21:51,929
Okay.

1955
02:21:51,929 --> 02:21:53,929
City clerk?

1956
02:21:54,749 --> 02:21:58,900
Is anyone here in the audience that

1957
02:21:58,900 --> 02:22:00,499
would like to speak on this?

1958
02:22:00,499 --> 02:22:02,489
Please come forward.

1959
02:22:02,489 --> 02:22:04,602
>> May we have cards?

1960
02:22:04,602 --> 02:22:05,871
>> Other people here?

1961
02:22:05,871 --> 02:22:07,629
The people here first.

1962
02:22:07,629 --> 02:22:10,290
Go ahead city clerk.

1963
02:22:10,229 --> 02:22:13,229
>> Struthio followed by a p.

1964
02:22:14,389 --> 02:22:16,789
Here in the audience.

1965
02:22:17,205 --> 02:22:21,489
Please come forward and please direct your comments on

1966
02:22:21,489 --> 02:22:24,709
whether or not we should put it on a future agenda.

1967
02:22:24,709 --> 02:22:26,890
>> Thank you.

1968
02:22:26,890 --> 02:22:27,355
Welcome.

1969
02:22:27,355 --> 02:22:28,220
>> Good evening.

1970
02:22:28,220 --> 02:22:31,716
I'm a high school junior and I'm also a Santa Clara resident.

1971
02:22:31,716 --> 02:22:35,589
I'm a member of Silicon Valley Youth Climate Action.

1972
02:22:35,589 --> 02:22:38,549
Climate change is not a future problem.

1973
02:22:38,549 --> 02:22:41,709
It's here and it really does impact our lives in ways

1974
02:22:41,709 --> 02:22:43,917
that we don't always recognize.

1975
02:22:43,917 --> 02:22:47,754
Do you know that heat wave we had in March?

1976
02:22:47,754 --> 02:22:49,917
The scientists have said that would

1977
02:22:49,917 --> 02:22:53,669
have been considered impossible if not for climate change.

1978
02:22:53,669 --> 02:22:57,215
And whether it's the issues like air pollution,

1979
02:22:57,215 --> 02:23:00,205
environmental justice, food insecurity and even

1980
02:23:00,205 --> 02:23:03,169
data centers, there are long term

1981
02:23:03,169 --> 02:23:08,569
environmental and social impacts are more widespread and often

1982
02:23:08,757 --> 02:23:11,399
far more widespread than they seem on the surface.

1983
02:23:11,399 --> 02:23:13,149
That's why having a sustainability manager

1984
02:23:13,149 --> 02:23:16,621
on city staff would really instill in me the confidence

1985
02:23:16,621 --> 02:23:19,509
that this environmental perspective is being represented

1986
02:23:19,509 --> 02:23:22,893
and considered thoroughly in the city staff today.

1987
02:23:22,893 --> 02:23:25,182
Therefore I urge you to vote yes on item ten

1988
02:23:25,182 --> 02:23:28,133
so we can start beginning this process to hiring

1989
02:23:28,133 --> 02:23:30,611
a sustainability manager even if it is putting

1990
02:23:30,611 --> 02:23:32,622
that on a future agenda.

1991
02:23:32,622 --> 02:23:36,439
Neighboring cities have already hired full time sustainability

1992
02:23:36,439 --> 02:23:41,389
managers and I do believe this is crucial to effectively

1993
02:23:41,389 --> 02:23:43,629
implementing a climate action plan

1994
02:23:43,629 --> 02:23:46,661
and to overall be better prepared to build

1995
02:23:46,661 --> 02:23:49,989
a more sustainable come a healthier and greener future

1996
02:23:49,989 --> 02:23:50,729
in Santa Clara.

1997
02:23:50,729 --> 02:23:53,442
Thank you for your time and consideration.

1998
02:23:53,442 --> 02:23:56,789
>> Thank you very much and I would ask the audience to keep

1999
02:23:56,789 --> 02:24:00,509
focused on whether or not we should put this on the agenda.

2000
02:24:00,509 --> 02:24:04,109
Please come forward followed by Bruce.

2001
02:24:05,149 --> 02:24:07,149
Welcome.

2002
02:24:17,910 --> 02:24:18,952
>> Good evening everyone.

2003
02:24:18,952 --> 02:24:20,994
My name is Abby Monica and I'm a junior attending

2004
02:24:20,994 --> 02:24:23,557
the high school, a resident of Santa Clara

2005
02:24:23,557 --> 02:24:26,469
and member of Silicon Valley Youth Climate Action.

2006
02:24:26,469 --> 02:24:29,290
I'm here to support item ten.

2007
02:24:29,290 --> 02:24:31,149
As a resident and youth climate activist

2008
02:24:31,149 --> 02:24:33,303
I care about the future of our city

2009
02:24:33,303 --> 02:24:36,589
and I believe Santa Clara should be taking more significant steps

2010
02:24:36,589 --> 02:24:38,429
towards being sustainable.

2011
02:24:38,429 --> 02:24:41,397
Santa Clara has a $1.7 billion budget

2012
02:24:41,397 --> 02:24:43,549
which is larger than most cities that

2013
02:24:43,549 --> 02:24:46,562
have already employed full time sustainability managers.

2014
02:24:46,562 --> 02:24:49,589
For city of our size and our resources

2015
02:24:49,589 --> 02:24:51,909
sustainability should be a priority.

2016
02:24:51,909 --> 02:24:54,877
A climate action plan is only as effective as our ability

2017
02:24:54,877 --> 02:24:56,429
to implement it to.

2018
02:24:56,429 --> 02:24:58,849
Having a full time sustainability manager

2019
02:24:58,849 --> 02:25:00,762
would offer the expertise and accountability

2020
02:25:00,762 --> 02:25:03,389
needed to monitor emissions and create

2021
02:25:03,389 --> 02:25:05,709
plans to decarbonize our city.

2022
02:25:05,709 --> 02:25:08,789
As a young resident I will be reaping the long term

2023
02:25:08,789 --> 02:25:10,806
consequences of the decisions made today.

2024
02:25:10,806 --> 02:25:13,914
I urge you to vote yes on item ten

2025
02:25:13,914 --> 02:25:16,789
and begin the process of hiring a sustainability manager so

2026
02:25:16,789 --> 02:25:18,749
that Santa Clara is better equipped

2027
02:25:18,749 --> 02:25:20,621
to meet Climate action plan commitments

2028
02:25:20,621 --> 02:25:22,251
and build a more sustainable future.

2029
02:25:22,251 --> 02:25:24,651
Thank you. >> Thank you.

2030
02:25:25,237 --> 02:25:27,637
Bruce followed by Elaine.

2031
02:25:29,349 --> 02:25:31,349
Welcome.

2032
02:25:31,549 --> 02:25:32,709
>> Good evening.

2033
02:25:32,709 --> 02:25:36,175
My name is Bruce and I'm a resident of Mountain View.

2034
02:25:36,175 --> 02:25:40,349
For the last 20 years I have strove or is it

2035
02:25:40,349 --> 02:25:44,550
striven or just tried really hard to make Mountain View

2036
02:25:44,550 --> 02:25:47,629
a zero emissions city, stealing a little bit of the wording

2037
02:25:47,629 --> 02:25:49,950
from your city logo.

2038
02:25:49,950 --> 02:25:50,395
Your city motto.

2039
02:25:50,395 --> 02:25:56,395
Here's why I think you should hire a sustainability director

2040
02:25:56,629 --> 02:25:59,209
and increase the sustainability staff.

2041
02:25:59,209 --> 02:26:02,517
For the first ten years I worked in Mountain View

2042
02:26:02,517 --> 02:26:06,709
to make progress on greenhouse gas reduction,

2043
02:26:06,709 --> 02:26:08,575
we had one staff member.

2044
02:26:08,575 --> 02:26:13,309
A great staff member but a one man army doesn't win any wars.

2045
02:26:13,309 --> 02:26:17,109
In 2018 I led a task force of citizens

2046
02:26:17,109 --> 02:26:21,400
in our top three recommendations out of 36 recommendations

2047
02:26:21,400 --> 02:26:24,604
or hire a Chief Sustainability officer,

2048
02:26:24,829 --> 02:26:27,130
give that person a staff and give that person

2049
02:26:27,130 --> 02:26:28,184
a substantial budget.

2050
02:26:28,184 --> 02:26:31,989
The City Council agreed to do all those things.

2051
02:26:31,989 --> 02:26:34,615
Over the last three and a half years,

2052
02:26:34,615 --> 02:26:37,409
our sustainability manager, Danielle Lee,

2053
02:26:37,409 --> 02:26:40,205
has grown her staff to include herself

2054
02:26:40,205 --> 02:26:43,529
and four full time direct reports and two Fellows.

2055
02:26:43,529 --> 02:26:47,589
A seven person department working on reducing emissions.

2056
02:26:47,589 --> 02:26:50,476
What's been accomplished over the last 20 years

2057
02:26:50,476 --> 02:26:54,929
in Mountain View is a 50% reduction on a per capita basis

2058
02:26:54,929 --> 02:26:56,365
in greenhouse gas emissions.

2059
02:26:56,365 --> 02:26:59,709
A great deal of that is due to the electricity

2060
02:26:59,709 --> 02:27:01,997
we get from Silicon Valley clean energy.

2061
02:27:01,997 --> 02:27:06,493
As you know, Santa Clara is proud of its very low cost,

2062
02:27:06,493 --> 02:27:08,689
highly reliable electricity system.

2063
02:27:08,689 --> 02:27:12,229
It's also one of the most highly polluting electricity

2064
02:27:12,229 --> 02:27:13,813
systems in California.

2065
02:27:13,813 --> 02:27:16,309
To reduce your emissions, you'll need

2066
02:27:16,309 --> 02:27:19,290
to reduce the emissions from electricity.

2067
02:27:19,290 --> 02:27:22,149
Urge you to support the motion.

2068
02:27:22,149 --> 02:27:23,239
>> Thank you.

2069
02:27:23,239 --> 02:27:26,159
As a reminder, if we can keep our comments to whether or not

2070
02:27:26,159 --> 02:27:27,689
we should put this on the agenda.

2071
02:27:27,689 --> 02:27:30,933
I know it's hard but if we can focus on that.

2072
02:27:30,933 --> 02:27:33,885
We have Elaine followed by Chanel.

2073
02:27:33,885 --> 02:27:36,609
When it does come back to the agenda

2074
02:27:36,609 --> 02:27:39,189
we will have full discussion about this.

2075
02:27:39,189 --> 02:27:40,855
Welcome.

2076
02:27:40,855 --> 02:27:43,459
>> Good evening Mayor Gilmore and City Council.

2077
02:27:43,459 --> 02:27:46,189
My name is Elaine Lee.

2078
02:27:46,189 --> 02:27:49,189
The city's 2022 Climate Action Plan

2079
02:27:50,359 --> 02:27:53,829
requires quotes reporting on cap progress through Community

2080
02:27:53,829 --> 02:27:56,989
dashboard as well as quote annual progress reports

2081
02:27:56,989 --> 02:28:00,789
and frequent updates of the city's greenhouse gas emission

2082
02:28:00,789 --> 02:28:01,573
inventory.

2083
02:28:01,573 --> 02:28:07,573
In November 2023, I contacted a to talk about the dashboard.

2084
02:28:07,693 --> 02:28:09,909
I got no response.

2085
02:28:09,909 --> 02:28:15,149
In February 2024 I contacted her again and then learned

2086
02:28:15,149 --> 02:28:17,309
that there was no dashboard.

2087
02:28:17,309 --> 02:28:21,341
In January 2025 I made a public comment

2088
02:28:21,341 --> 02:28:24,290
at a City Council meeting just like standing here

2089
02:28:24,290 --> 02:28:28,533
before you requesting annual updates on the city's progress.

2090
02:28:28,533 --> 02:28:34,749
As a result, I was introduced to Rena and in March 2025

2091
02:28:34,749 --> 02:28:37,189
she emailed me that the dashboard

2092
02:28:37,189 --> 02:28:39,741
quote should take six months from beginning

2093
02:28:39,741 --> 02:28:41,433
to end to complete.

2094
02:28:41,433 --> 02:28:46,233
Now it is August 2026, more than four years

2095
02:28:46,749 --> 02:28:48,489
after the cap was approved.

2096
02:28:48,489 --> 02:28:51,789
There's still no dashboard and no other reports on cap

2097
02:28:51,789 --> 02:28:53,490
progress..

2098
02:28:53,490 --> 02:28:55,449
California Senate Bill number 32,

2099
02:28:55,834 --> 02:29:01,234
we need a 40% reduction in greenhouse gas emissions by 2030

2100
02:29:01,409 --> 02:29:03,461
to meet our state's goals.

2101
02:29:03,461 --> 02:29:06,557
If we don't track our progress, we

2102
02:29:06,557 --> 02:29:10,469
can't see where we are lagging and what activities need more

2103
02:29:10,469 --> 02:29:11,829
focus and support.

2104
02:29:11,829 --> 02:29:14,949
A full time dedicated sustainability manager

2105
02:29:14,949 --> 02:29:16,845
will help us get there.

2106
02:29:16,845 --> 02:29:19,559
This issue is within the city's jurisdiction

2107
02:29:19,559 --> 02:29:22,129
and doesn't appear to be addressed elsewhere.

2108
02:29:22,129 --> 02:29:27,339
So bring it at a future meeting to consideration.

2109
02:29:27,339 --> 02:29:28,909
Thank you very much.

2110
02:29:28,909 --> 02:29:33,429
Next we have Chanel followed by Betsy followed by Brian.

2111
02:29:33,429 --> 02:29:35,429
Welcome.

2112
02:29:38,242 --> 02:29:41,629
>> Good evening Mayor Gilmore and council members.

2113
02:29:41,629 --> 02:29:46,349
I am Chanel, a 16 year old resident of Santa Clara County.

2114
02:29:46,349 --> 02:29:49,789
And a current student at the high school.

2115
02:29:49,789 --> 02:29:53,989
I'm here not only on behalf of Limerick High School

2116
02:29:53,989 --> 02:29:59,333
but also the entire district and Silicon Valley Youth program.

2117
02:29:59,333 --> 02:30:04,889
We are here because we don't want Santa Clara to be behind.

2118
02:30:04,889 --> 02:30:08,695
California has already been making substantial progress

2119
02:30:08,695 --> 02:30:09,935
towards sustainability.

2120
02:30:09,935 --> 02:30:14,789
For example, achieving more than two thirds of renewable energy

2121
02:30:14,789 --> 02:30:19,589
accounting for California's total power grid as of 2025,

2122
02:30:20,455 --> 02:30:23,917
and according to San Jose Council member David Cohen,

2123
02:30:23,917 --> 02:30:28,117
that number is about 90% as of August 2026.

2124
02:30:29,577 --> 02:30:32,389
I don't see such progress in Santa Clara,

2125
02:30:32,389 --> 02:30:36,129
especially with the prevalence of AI data centers

2126
02:30:36,129 --> 02:30:40,769
that are extremely damaging to the environment with at least

2127
02:30:40,769 --> 02:30:43,564
55 data centers in our city.

2128
02:30:43,564 --> 02:30:48,189
I do not want to see a Puerto Rico water shortage

2129
02:30:48,189 --> 02:30:51,122
2.0 just because of your incompetence

2130
02:30:51,122 --> 02:30:53,122
in environmental affairs.

2131
02:30:53,189 --> 02:30:57,949
Moreover, many other adjacent cities have a sustainability

2132
02:30:57,949 --> 02:31:01,845
manager, so I don't see why we can't.

2133
02:31:01,845 --> 02:31:04,889
But we could change that, especially

2134
02:31:04,889 --> 02:31:08,489
with our effluent budget of $1.7 billion.

2135
02:31:08,677 --> 02:31:13,290
And that starts with getting a sustainability manager.

2136
02:31:13,290 --> 02:31:17,602
Only then will we be able to start catching up with state

2137
02:31:17,602 --> 02:31:19,549
sustainability progress.

2138
02:31:19,549 --> 02:31:23,735
It's only natural that you put this on a future agenda

2139
02:31:23,735 --> 02:31:26,550
and hire a sustainability manager.

2140
02:31:26,550 --> 02:31:27,469
Thank you.

2141
02:31:27,469 --> 02:31:29,269
>> Next we have Betsy.

2142
02:31:29,269 --> 02:31:30,413
Is Betsy online?

2143
02:31:30,413 --> 02:31:32,309
Go ahead Betsy.

2144
02:31:32,309 --> 02:31:34,309
Unmute yourself.

2145
02:31:35,869 --> 02:31:37,500
>> Hello.

2146
02:31:37,500 --> 02:31:39,225
Betsy speaking for myself.

2147
02:31:39,225 --> 02:31:42,985
I don't think I need to reiterate

2148
02:31:42,985 --> 02:31:48,985
what our young people especially are saying about this topic.

2149
02:31:49,290 --> 02:31:52,709
Please put this on a future agenda

2150
02:31:52,709 --> 02:31:54,669
and we'll see you again soon.

2151
02:31:54,669 --> 02:31:55,709
Thank you.

2152
02:31:55,709 --> 02:31:56,535
>> Thank you Betsy.

2153
02:31:56,535 --> 02:31:57,549
Next we have Brian.

2154
02:31:57,549 --> 02:31:59,549
Go ahead.

2155
02:32:03,891 --> 02:32:04,433
>> Thank you.

2156
02:32:04,433 --> 02:32:09,833
I'd like to see it on a future agenda.

2157
02:32:10,389 --> 02:32:13,389
And as quickly as possible.

2158
02:32:15,469 --> 02:32:18,457
Suda has asked about this and I agree about that.

2159
02:32:18,457 --> 02:32:20,982
Before you put it on the agenda, I don't know if portal is

2160
02:32:20,982 --> 02:32:24,811
the right way but -- a lot of us want to do research.

2161
02:32:24,811 --> 02:32:27,695
I want to show you why you should have a sustainability

2162
02:32:27,695 --> 02:32:31,949
manager but -- part of the discussion of when you put it

2163
02:32:31,949 --> 02:32:35,729
on the agenda should be what does it mean,

2164
02:32:35,729 --> 02:32:37,819
what are going to be the qualifications --

2165
02:32:37,819 --> 02:32:40,303
because that will come up when you discuss it.

2166
02:32:40,303 --> 02:32:46,600
Please put it on a future agenda and if there's some way to get

2167
02:32:46,600 --> 02:32:52,660
other groups like other groups that meet with the city --

2168
02:32:53,490 --> 02:32:55,389
like where they --

2169
02:32:55,389 --> 02:33:03,789
I forget -- where they meet to also -- that gets on the agenda.

2170
02:33:04,475 --> 02:33:05,869
You know what I'm trying to say.

2171
02:33:05,869 --> 02:33:06,842
Sorry.

2172
02:33:06,842 --> 02:33:07,995
>> That's okay.

2173
02:33:07,995 --> 02:33:10,975
All right is that it Brian?

2174
02:33:10,975 --> 02:33:11,782
>> It is.

2175
02:33:11,782 --> 02:33:13,682
I'm tongue tied today.

2176
02:33:13,682 --> 02:33:14,558
>> Thank you so much.

2177
02:33:14,558 --> 02:33:17,177
Is there anyone else who would like to speak on this issue?

2178
02:33:17,177 --> 02:33:21,109
We have a motion and a second to place this on a future agenda.

2179
02:33:21,109 --> 02:33:24,709
Assistant City Clerk, when you're ready.

2180
02:33:45,587 --> 02:33:46,337
>> Council member?

2181
02:33:46,337 --> 02:33:51,137
>> I was going to say Register your vote.

2182
02:33:51,940 --> 02:33:53,940
[calling vote]

2183
02:34:03,150 --> 02:34:03,624
>> That passes unanimously of those present.

2184
02:34:03,624 --> 02:34:05,666
Thank you and thank you for all who participated.

2185
02:34:05,666 --> 02:34:09,730
Next item is consent item pulled for discussion.

2186
02:34:09,730 --> 02:34:11,248
I would normally put this at the end of the agenda

2187
02:34:11,248 --> 02:34:13,628
but the conference is coming up soon.

2188
02:34:13,628 --> 02:34:16,914
I pulled item three E which is action

2189
02:34:16,914 --> 02:34:19,304
to designate a voting delegate and alternate delegate

2190
02:34:19,304 --> 02:34:21,754
for the 2026 League of California Cities Annual

2191
02:34:21,754 --> 02:34:22,648
Conference.

2192
02:34:22,648 --> 02:34:25,338
Staff didn't know I was going to be attending.

2193
02:34:25,338 --> 02:34:28,768
I would like the council to appoint me

2194
02:34:28,768 --> 02:34:31,672
as the voting delegate and council member

2195
02:34:31,672 --> 02:34:34,720
Park as the alternate.

2196
02:34:38,610 --> 02:34:39,408
>> I'd like to make that motion.

2197
02:34:39,408 --> 02:34:42,408
>> We have a motion by Council member Hardy seconded by Vice

2198
02:34:42,408 --> 02:34:44,128
Mayor Gonzalez.

2199
02:34:44,128 --> 02:34:47,128
Any public comments on that?

2200
02:34:48,208 --> 02:34:50,208
Any discussion?

2201
02:34:51,340 --> 02:34:53,340
>> City clerk?

2202
02:35:26,405 --> 02:35:27,448
>> Council member Khalil?

2203
02:35:27,448 --> 02:35:29,368
>> Yes.

2204
02:35:29,368 --> 02:35:30,584
>> Hardy?

2205
02:35:30,584 --> 02:35:31,192
Yes.

2206
02:35:31,192 --> 02:35:31,800
Park?

2207
02:35:31,800 --> 02:35:33,800
Yes.

2208
02:35:38,125 --> 02:35:38,695
Jain?

2209
02:35:38,695 --> 02:35:39,266
Yes.

2210
02:35:39,266 --> 02:35:39,837
Gonzalez?

2211
02:35:39,837 --> 02:35:41,837
Gilmore?

2212
02:35:42,452 --> 02:35:42,952
Yes.

2213
02:35:42,952 --> 02:35:46,174
>> That passes with those on the --

2214
02:35:46,174 --> 02:35:48,180
I guess and Council member Joel.

2215
02:35:48,180 --> 02:35:49,630
Thank you very much.

2216
02:35:49,630 --> 02:35:54,792
Next item we have is a public hearing on item number five.

2217
02:35:54,792 --> 02:35:58,992
Public hearing action on appeal (PLN26-00318)

2218
02:36:08,678 --> 02:36:10,136
of a Project Located at 860 and 858

2219
02:36:10,136 --> 02:36:13,736
Civic Center Drive and 1526 Alviso Street

2220
02:36:16,580 --> 02:36:18,580
of an Approval of an Architectural Review Permit

2221
02:36:18,580 --> 02:36:23,380
(PLN24-00533) for the Demolition of Existing Buildings

2222
02:36:23,891 --> 02:36:26,266
and Construction of Three Separate Multi-Family Buildings

2223
02:36:26,266 --> 02:36:26,276
Resulting in 14 Townhomes and a Duplex Building With Commercial

2224
02:36:26,276 --> 02:36:28,609
Space and Determination of Statutory Exemption from CEQA

2225
02:36:28,609 --> 02:36:32,209
per Public Resources Code Section 21080.66 (AB 130 (2025))

2226
02:36:42,438 --> 02:36:44,438
. (inaudible)

2227
02:37:43,352 --> 02:37:49,952
>> All right. (inaudible) we'll take a pause to get our fourth

2228
02:37:54,339 --> 02:37:56,339
member.

2229
02:38:11,587 --> 02:38:12,545
>> Vice mayor Gonzalez?

2230
02:38:12,545 --> 02:38:14,164
Council member Jane has his hand up.

2231
02:38:14,164 --> 02:38:18,134
I'm not sure if he wants to say something.

2232
02:38:18,134 --> 02:38:19,917
Not Jain.

2233
02:38:19,917 --> 02:38:21,917
Shahal.

2234
02:38:23,653 --> 02:38:25,919
>> Should I wait for Council member to be back?

2235
02:38:25,919 --> 02:38:28,599
>> Let's wait for her to come back.

2236
02:38:28,599 --> 02:38:29,292
>> Sure.

2237
02:38:29,292 --> 02:38:31,292
Thanks.

2238
02:38:46,479 --> 02:38:48,479
Thank you.

2239
02:38:50,119 --> 02:38:52,999
Did you want to mention something on this item

2240
02:38:52,999 --> 02:38:56,599
before we go to the process?

2241
02:38:57,972 --> 02:38:59,972
>> That's correct.

2242
02:38:59,985 --> 02:39:00,656
Yes.

2243
02:39:00,656 --> 02:39:05,790
So I just wanted to -- >> Hold on.

2244
02:39:05,790 --> 02:39:11,499
There's a few -- there's a few steps that lead up to I think

2245
02:39:11,499 --> 02:39:13,729
the disclosure that you're going to make.

2246
02:39:13,729 --> 02:39:15,970
If you could hold on that.

2247
02:39:15,970 --> 02:39:19,799
We can take that in the course of the conduct

2248
02:39:19,799 --> 02:39:22,259
of the public hearing, the presiding officer

2249
02:39:22,259 --> 02:39:25,199
has a process to go through first.

2250
02:39:25,199 --> 02:39:29,999
If I'm guessing right on what you are intending to say.

2251
02:39:29,999 --> 02:39:31,572
>> Yes.

2252
02:39:31,572 --> 02:39:33,132
>> Very good.

2253
02:39:33,132 --> 02:39:35,159
>> I'll follow your instructions.

2254
02:39:35,159 --> 02:39:37,159
>> Thank you.

2255
02:39:37,279 --> 02:39:38,899
>> Thank you.

2256
02:39:38,899 --> 02:39:42,975
So the mayor went through the item itself here but basically

2257
02:39:42,975 --> 02:39:49,575
what we're going to review the townhouse project at 860 and --

2258
02:39:49,915 --> 02:39:53,423
858 Civic Center Drive and 1526 Alviso Street.

2259
02:39:53,423 --> 02:39:57,145
On an appeal brought by neighboring residents following

2260
02:39:57,145 --> 02:40:00,745
approval -- this development review --

2261
02:40:01,719 --> 02:40:03,969
hearing on June 17th 2026.

2262
02:40:03,969 --> 02:40:07,671
With that I will open up the public hearing

2263
02:40:07,671 --> 02:40:10,545
and we'll declare that open now.

2264
02:40:10,545 --> 02:40:15,559
Before we have any member -- we can have Council member

2265
02:40:15,559 --> 02:40:16,590
disclosures.

2266
02:40:16,590 --> 02:40:20,120
Is that what you wanted to address?

2267
02:40:20,120 --> 02:40:22,120
>> That's correct.

2268
02:40:22,572 --> 02:40:24,572
So go ahead.

2269
02:40:29,391 --> 02:40:31,519
>> This is the right time, right?

2270
02:40:31,519 --> 02:40:33,225
>> Yes it is.

2271
02:40:33,225 --> 02:40:38,250
City council member ex parte disclosures if any.

2272
02:40:38,199 --> 02:40:39,416
>> Thank you.

2273
02:40:39,416 --> 02:40:46,339
So I want to disclose that on 22nd of June the council members

2274
02:40:46,339 --> 02:40:50,445
-- the appeal process is going on.

2275
02:40:50,445 --> 02:40:57,450
I met the appellant Mr. Michael Fisher at the project site

2276
02:40:57,895 --> 02:41:03,295
and he did talk to me, basically disclosed --

2277
02:41:03,499 --> 02:41:08,799
exchanged emails with the staff all the reasons why he went

2278
02:41:08,799 --> 02:41:13,535
to appeal and I did look at the project site at that visit.

2279
02:41:13,535 --> 02:41:15,479
Thank you.

2280
02:41:15,479 --> 02:41:16,369
>> Thank you.

2281
02:41:16,369 --> 02:41:18,739
Is anybody else from the council wants

2282
02:41:18,739 --> 02:41:21,751
to have an ex parte disclosure?

2283
02:41:21,751 --> 02:41:24,151
Seeing none we'll continue.

2284
02:41:24,227 --> 02:41:28,427
At this time we'll ask staff presentations.

2285
02:41:29,120 --> 02:41:31,239
>> Thank you Vice Mayor.

2286
02:41:31,239 --> 02:41:35,423
Members of the council and members of the public.

2287
02:41:35,423 --> 02:41:37,367
This item is before you.

2288
02:41:37,367 --> 02:41:40,723
It's important to note that under the city's zoning code,

2289
02:41:40,723 --> 02:41:43,839
a project of this type would only typically require

2290
02:41:43,839 --> 02:41:45,199
architectural review.

2291
02:41:45,199 --> 02:41:47,479
However there's an appeal process

2292
02:41:47,479 --> 02:41:50,583
and the city's appeal process, unlike our process

2293
02:41:50,583 --> 02:41:54,892
for single family homes, comes directly to the City Council.

2294
02:41:54,892 --> 02:41:57,149
And so the project is before you tonight

2295
02:41:57,149 --> 02:42:01,319
to hear an appeal by neighbors of the Architectural review

2296
02:42:01,319 --> 02:42:02,679
permit approval.

2297
02:42:02,679 --> 02:42:06,359
You are hearing this in a quasi judicial setting.

2298
02:42:06,359 --> 02:42:10,290
This means this is an official court proceeding

2299
02:42:10,290 --> 02:42:12,479
where you will weigh the evidence presented

2300
02:42:12,479 --> 02:42:13,791
in making your decision.

2301
02:42:13,791 --> 02:42:17,605
It's also important to note, this is a de Novo hearing

2302
02:42:17,605 --> 02:42:20,679
meaning that you are not bound by the information that

2303
02:42:20,679 --> 02:42:25,158
was known and presented during the prior review permit process

2304
02:42:25,158 --> 02:42:29,579
and you may consider new evidence presented here tonight

2305
02:42:29,579 --> 02:42:31,979
both written and verbal.

2306
02:42:32,989 --> 02:42:35,929
Many factors are at play in this appeal.

2307
02:42:35,929 --> 02:42:38,939
They include the California Housing Accountability

2308
02:42:38,939 --> 02:42:43,185
Act the Bonus Law and the California Environmental Quality

2309
02:42:43,185 --> 02:42:44,199
Act.

2310
02:42:44,199 --> 02:42:49,199
Also are Local General Plan and Zoning code apply.

2311
02:42:49,199 --> 02:42:52,479
Additionally the appellant has raised concerns with regards

2312
02:42:52,479 --> 02:42:56,599
to the El Camino Real specific plan, neighborhood compatibility

2313
02:42:56,599 --> 02:43:01,575
and they request design changes related to height and setbacks.

2314
02:43:01,575 --> 02:43:04,359
And in considering this appeal, the City Council

2315
02:43:04,359 --> 02:43:06,629
will be asked to make findings based

2316
02:43:06,629 --> 02:43:09,290
on applicable, objective standards

2317
02:43:09,499 --> 02:43:11,839
and tonight's staff presentation will

2318
02:43:11,839 --> 02:43:14,939
be presented by Community Development Director Asha Hamid

2319
02:43:14,939 --> 02:43:20,339
and I will now invite her to the podium.

2320
02:43:23,364 --> 02:43:27,159
>> Vice mayor Gonzalez, can I also make another disclosure?

2321
02:43:27,159 --> 02:43:31,519
I did receive a couple of emails from the appellant,

2322
02:43:31,519 --> 02:43:34,299
Michael Fisher, during this process when they were hosting

2323
02:43:34,299 --> 02:43:39,165
a meeting and I forwarded those to the city attorney and --

2324
02:43:39,165 --> 02:43:42,410
can be public record as such and maybe --

2325
02:43:42,410 --> 02:43:45,359
to the post meeting agenda item.

2326
02:43:45,359 --> 02:43:46,972
To this agenda.

2327
02:43:46,972 --> 02:43:48,759
Thank you.

2328
02:43:48,759 --> 02:43:50,759
>> Thank you.

2329
02:43:55,116 --> 02:43:57,199
>> Good evening vice mayor and members and members

2330
02:43:57,199 --> 02:43:59,100
of the public.

2331
02:43:59,100 --> 02:44:04,410
My name is Afshan Hamid, the Community Development director.

2332
02:44:06,239 --> 02:44:10,631
And let me just figure out the technology first.

2333
02:44:10,631 --> 02:44:12,631
Here we go.

2334
02:44:13,559 --> 02:44:16,359
Tonight is an appeal of a project which

2335
02:44:16,359 --> 02:44:21,759
is located at 860 and 858 Civic Center Drive and 1526 Alviso

2336
02:44:22,379 --> 02:44:26,679
Street and it is for an approval of an architectural Review

2337
02:44:26,679 --> 02:44:30,899
permit which will allow the demolition of existing buildings

2338
02:44:30,899 --> 02:44:35,699
and the construction of three separate multifamily buildings

2339
02:44:35,892 --> 02:44:39,492
yielding 14 townhomes and a duplex building

2340
02:44:40,319 --> 02:44:42,179
with commercial space.

2341
02:44:42,179 --> 02:44:46,979
It is statutorily exempt from CEQA through AB 130.

2342
02:44:53,950 --> 02:44:56,159
Pursuant to the provisions of City Code, City Council

2343
02:44:56,159 --> 02:44:59,399
serves as the final review authority for appeals

2344
02:44:59,399 --> 02:45:02,267
for Architectural Review for non single family projects

2345
02:45:02,267 --> 02:45:08,267
and as a city manager just explained, in our procedures,

2346
02:45:09,390 --> 02:45:11,519
in our code, single family appeals first

2347
02:45:11,519 --> 02:45:15,199
go to the planning commission and then to city Council.

2348
02:45:15,199 --> 02:45:18,959
In this case, this is a multifamily project.

2349
02:45:18,959 --> 02:45:23,799
And a multifamily project which is reviewed at the design review

2350
02:45:23,799 --> 02:45:24,419
hearing.

2351
02:45:24,419 --> 02:45:27,449
The appeal comes to the City Council.

2352
02:45:27,449 --> 02:45:32,249
The second bullet here in accordance with 18.144030 E,

2353
02:45:33,143 --> 02:45:41,164
the council is also -- also will hear the appeal as a de Novo

2354
02:45:41,164 --> 02:45:42,179
for this project.

2355
02:45:42,179 --> 02:45:45,629
But within the applicable constraints of the state

2356
02:45:45,629 --> 02:45:48,749
housing laws, including the Housing Accountability

2357
02:45:48,749 --> 02:45:55,949
Act and the state density Bonus Law as well as CEQA AB130.

2358
02:45:55,991 --> 02:45:57,687
As City Manager already explained,

2359
02:45:57,687 --> 02:46:01,109
what this means is that Council will make its own determination

2360
02:46:01,109 --> 02:46:03,499
based on the record presented.

2361
02:46:03,499 --> 02:46:07,809
The City Council can consider new evidence or evidence

2362
02:46:07,809 --> 02:46:09,809
not previously considered.

2363
02:46:09,879 --> 02:46:15,879
The decision tonight is subject to the state laws, including

2364
02:46:17,200 --> 02:46:19,839
HAA in the state density bonus laws

2365
02:46:19,839 --> 02:46:24,639
and those laws prevail over any local requirements.

2366
02:46:27,999 --> 02:46:32,950
This is a timeline of the project.

2367
02:46:32,950 --> 02:46:36,895
The project was first filed in October of 2024.

2368
02:46:37,919 --> 02:46:42,719
In July of 2025 a tribal consultation was initiated

2369
02:46:43,219 --> 02:46:47,279
and it was completed that same year in September.

2370
02:46:47,279 --> 02:46:52,679
In September of 2025, an online and in person community

2371
02:46:52,839 --> 02:46:54,839
meeting was held.

2372
02:46:54,975 --> 02:47:00,399
On April 14th of 2026 we have a project clearance committee

2373
02:47:00,399 --> 02:47:03,999
and the Project Clearance Committee deemed the project

2374
02:47:03,999 --> 02:47:05,505
complete and cleared.

2375
02:47:05,505 --> 02:47:11,999
On May 19th of 2026 the El Camino Real specific plan was

2376
02:47:11,999 --> 02:47:18,265
adopted by the City Council and it became effective as of June

2377
02:47:18,265 --> 02:47:22,767
18th 2026 and June 17th, the application was reviewed

2378
02:47:22,767 --> 02:47:28,772
and approved by the Development Review Officer and on July 24th

2379
02:47:28,772 --> 02:47:33,572
2026, an appeal was filed by the adjacent neighbors.

2380
02:47:34,999 --> 02:47:38,975
August 13th 2026, staff did meet with Mr. And Mrs.

2381
02:47:38,975 --> 02:47:41,389
Fisher and they are the appellants to discuss

2382
02:47:41,389 --> 02:47:46,710
their concerns and also staff explained the recent changes

2383
02:47:46,710 --> 02:47:50,671
in state law since their own application was filed.

2384
02:47:50,671 --> 02:47:53,671
Some points of clarification here.

2385
02:47:54,145 --> 02:47:59,399
The project was submitted in October 2024 and the project was

2386
02:47:59,399 --> 02:48:05,399
deemed in substantially complete on April 14th of 2026 and then

2387
02:48:05,495 --> 02:48:09,279
scheduled for design review hearing through a public notice

2388
02:48:09,279 --> 02:48:09,959
process.

2389
02:48:09,959 --> 02:48:14,790
And overall, as this project is going forward,

2390
02:48:14,790 --> 02:48:16,539
the project will have had three opportunities

2391
02:48:16,539 --> 02:48:18,939
to be heard before the public.

2392
02:48:18,939 --> 02:48:21,430
The first was a community meeting

2393
02:48:21,430 --> 02:48:24,839
and the second was a publicly noticed design review hearing

2394
02:48:24,839 --> 02:48:28,719
and the third is the appeal that is being heard tonight

2395
02:48:28,719 --> 02:48:30,719
before the council.

2396
02:48:31,470 --> 02:48:35,247
In regards to the last bullet, Council,

2397
02:48:35,639 --> 02:48:39,239
as you're aware, since 2017 numerous state

2398
02:48:39,739 --> 02:48:43,539
laws were passed or amended including the Housing

2399
02:48:43,539 --> 02:48:46,279
Accountability Act and State density bonus laws

2400
02:48:46,279 --> 02:48:50,149
to address the state wide shortage of housing,

2401
02:48:50,149 --> 02:48:53,409
which limits the ability of local governments

2402
02:48:53,409 --> 02:48:57,609
to restrict the development of new housing.

2403
02:49:02,799 --> 02:49:07,599
I will walk you through the existing site.

2404
02:49:10,719 --> 02:49:15,259
So first of all, this is the existing site

2405
02:49:15,259 --> 02:49:19,500
which is graphically shown, bound by red.

2406
02:49:19,500 --> 02:49:22,199
So this is the site that is proposed

2407
02:49:22,199 --> 02:49:25,939
for development and to the north is Civic Center Drive

2408
02:49:25,939 --> 02:49:28,916
and to the south is El Camino Real

2409
02:49:28,916 --> 02:49:35,230
and to the east is Alviso Street and to the west is Lafayette

2410
02:49:35,230 --> 02:49:36,399
Street.

2411
02:49:36,399 --> 02:49:41,799
To the north, the surrounding uses, there are commercial,

2412
02:49:42,559 --> 02:49:45,532
auto oriented office and gym and to the south

2413
02:49:45,532 --> 02:49:49,779
is a commercial two story hotel which is here.

2414
02:49:49,779 --> 02:49:55,779
To the east there are already existing two story townhomes

2415
02:49:56,619 --> 02:50:01,879
and then across Alviso Street there are three story townhomes

2416
02:50:01,879 --> 02:50:07,999
and then to the west there is a one story residences as well as

2417
02:50:07,999 --> 02:50:09,999
commercial office uses.

2418
02:50:10,690 --> 02:50:13,311
The general plan designation is community

2419
02:50:13,311 --> 02:50:17,949
mixed use and the zoning is mixed use community commercial.

2420
02:50:17,949 --> 02:50:22,749
Under the General Plan CMU and MUCC zoning,

2421
02:50:25,143 --> 02:50:28,589
the proposed family is permitted use.

2422
02:50:28,589 --> 02:50:30,719
The only entitlement required for this

2423
02:50:30,719 --> 02:50:33,935
is a design review hearing for the architecture

2424
02:50:33,935 --> 02:50:38,832
which is the land use approval at issue in this appeal.

2425
02:50:38,832 --> 02:50:43,431
I just want to point out one other thing.

2426
02:50:43,431 --> 02:50:47,310
The existing site is three parcels.

2427
02:50:48,759 --> 02:50:53,550
They will do a lot merger through investing tentative map

2428
02:50:53,550 --> 02:50:55,650
and that will come before the council

2429
02:50:55,650 --> 02:51:01,650
as a separate action pending the status of this appeal.

2430
02:51:04,159 --> 02:51:07,471
A little bit more about the project site

2431
02:51:07,471 --> 02:51:09,172
and the project itself.

2432
02:51:09,172 --> 02:51:14,519
The site is an unusual and constrained project site.

2433
02:51:14,519 --> 02:51:21,119
And it has a narrow leg which fronts onto Alviso Street.

2434
02:51:22,535 --> 02:51:26,575
And there is a much wider portion that

2435
02:51:26,575 --> 02:51:29,575
fronts onto Civic Center Drive.

2436
02:51:30,599 --> 02:51:33,751
Just making sure this is working.

2437
02:51:33,751 --> 02:51:37,112
So Civic Center Drive is to the north,

2438
02:51:37,112 --> 02:51:40,712
Alviso Street is to the east.

2439
02:51:41,239 --> 02:51:45,215
There are three buildings proposed on the site.

2440
02:51:45,215 --> 02:51:50,305
Building one is townhomes and it is eight townhomes

2441
02:51:50,305 --> 02:51:53,271
and it is four stories tall.

2442
02:51:53,271 --> 02:51:59,871
Building two is six townhomes and it's also four stories tall.

2443
02:52:00,689 --> 02:52:04,823
Building three is the separate building here.

2444
02:52:04,823 --> 02:52:09,479
It has a commercial front that faces Alviso Street

2445
02:52:09,479 --> 02:52:13,132
and it has a duplex unit on the second floor

2446
02:52:13,132 --> 02:52:19,132
and on the ground floor is actually two separate ADUs.

2447
02:52:19,941 --> 02:52:23,377
A little bit about the parking.

2448
02:52:23,377 --> 02:52:28,637
The project is within a half mile of transit.

2449
02:52:28,637 --> 02:52:34,954
So AB2097 which is a state law applies and there are no parking

2450
02:52:34,954 --> 02:52:36,511
requirements for this site.

2451
02:52:36,511 --> 02:52:39,859
However, the applicant in each of the townhome units

2452
02:52:39,859 --> 02:52:44,372
is providing two tandem parking spaces per unit.

2453
02:52:44,372 --> 02:52:46,479
So we can see those.

2454
02:52:46,479 --> 02:52:49,887
Each of the townhome units has parking.

2455
02:52:49,887 --> 02:52:55,271
In addition, there is also parking for the duplex units

2456
02:52:55,271 --> 02:52:55,863
here.

2457
02:52:55,863 --> 02:52:58,791
These are assigned to the duplex units

2458
02:52:58,791 --> 02:53:02,292
and there's also a guest parking space here

2459
02:53:02,292 --> 02:53:07,870
and there is also an unassigned space here

2460
02:53:07,870 --> 02:53:09,487
which is ADA compliant.

2461
02:53:13,120 --> 02:53:17,920
This is an enlarged view of building three.

2462
02:53:18,492 --> 02:53:25,591
And the focus here is that there is a perimeter wall that

2463
02:53:25,591 --> 02:53:28,639
goes along the entire project site

2464
02:53:28,639 --> 02:53:32,679
and that perimeter wall is identified here.

2465
02:53:32,679 --> 02:53:35,679
It is also identified here.

2466
02:53:36,351 --> 02:53:41,751
That perimeter wall goes along the entire project site.

2467
02:53:43,999 --> 02:53:49,999
The appellant for this project is just to the north.

2468
02:53:50,581 --> 02:53:57,181
They do have three single family or three townhomes that are

2469
02:53:57,599 --> 02:53:59,599
already -- okay.

2470
02:54:00,929 --> 02:54:03,168
They're single family homes?

2471
02:54:03,168 --> 02:54:04,921
Thanks for the correction.

2472
02:54:04,921 --> 02:54:06,519
Thank you.

2473
02:54:06,519 --> 02:54:08,439
Thanks for the correction.

2474
02:54:08,439 --> 02:54:13,419
There is one home a two story home that was built in 1935

2475
02:54:13,419 --> 02:54:17,439
and it's important to note, that project is not

2476
02:54:17,439 --> 02:54:21,519
listed on the historic inventory or on the National Historic

2477
02:54:21,519 --> 02:54:23,519
Register.

2478
02:54:24,639 --> 02:54:28,863
We'll just go back and thanks for that correction.

2479
02:54:28,863 --> 02:54:35,463
There are three -- three single family homes and two story

2480
02:54:35,812 --> 02:54:41,812
in height and there's a home that was built in 1935.

2481
02:54:52,719 --> 02:54:57,455
So there are a total of 16 units which include

2482
02:54:57,455 --> 02:55:00,455
the duplex and the townhomes.

2483
02:55:00,503 --> 02:55:03,503
There will be two ADUs.

2484
02:55:05,720 --> 02:55:10,427
Building one is eight townhomes and it's four stories tall.

2485
02:55:10,427 --> 02:55:15,463
It is an attached home product and building two

2486
02:55:15,463 --> 02:55:17,463
is six townhomes.

2487
02:55:19,390 --> 02:55:23,499
It is a four stories as well and it's also for sale

2488
02:55:23,499 --> 02:55:26,239
and it is an attached townhome.

2489
02:55:26,239 --> 02:55:33,439
Building three is a duplex with two ADUs at the ground floor

2490
02:55:36,162 --> 02:55:39,922
and -- of commercial space on the ground floor.

2491
02:55:39,922 --> 02:55:44,590
I want to explain the elevations a little bit.

2492
02:55:44,590 --> 02:55:48,259
So for the townhome buildings, what you're seeing here

2493
02:55:48,259 --> 02:55:51,859
is an eight story townhome product

2494
02:55:52,359 --> 02:55:56,447
and this elevation here faces the neighbors.

2495
02:55:56,447 --> 02:56:01,103
And this will face the interior courtyard for the parking.

2496
02:56:01,103 --> 02:56:06,551
It is the same elevation for the eight townhome product

2497
02:56:06,551 --> 02:56:09,959
as well as for the six townhome products.

2498
02:56:09,959 --> 02:56:11,927
The same elevations.

2499
02:56:11,927 --> 02:56:16,727
For the duplex commercial and the ADU building,

2500
02:56:18,897 --> 02:56:22,231
the front elevation faces Alviso and this is commercial

2501
02:56:22,231 --> 02:56:25,825
and here you can see the duplex.

2502
02:56:25,825 --> 02:56:30,310
And the ADU is at the ground floor in the back.

2503
02:56:30,310 --> 02:56:33,455
This is the rear elevation of the project

2504
02:56:33,455 --> 02:56:38,899
and here you can see the ADUs on the ground floor

2505
02:56:38,899 --> 02:56:41,259
and the commercial is towards the front.

2506
02:56:41,259 --> 02:56:45,284
A little bit about the affordable housing --

2507
02:56:45,284 --> 02:56:48,199
there are two affordable units and the payment

2508
02:56:48,199 --> 02:56:51,519
of an in lieu fee for the four remaining fractional units

2509
02:56:51,519 --> 02:56:55,119
and that is consistent with 15% requirement.

2510
02:56:55,604 --> 02:56:59,559
The applicant is meeting the city's requirement

2511
02:56:59,559 --> 02:57:02,359
for affordable housing, which is 15%.

2512
02:57:02,359 --> 02:57:05,887
And they are providing the affordable units.

2513
02:57:05,887 --> 02:57:09,559
As the applicant is meeting the city's affordable housing

2514
02:57:09,559 --> 02:57:15,390
criteria, they are entitled to the state density bonus law.

2515
02:57:15,390 --> 02:57:19,759
The density bonus law allows the applicant to an unlimited number

2516
02:57:19,759 --> 02:57:25,639
of waivers, as they are proposing for for this project

2517
02:57:25,639 --> 02:57:27,230
-- for waivers for this project.

2518
02:57:27,230 --> 02:57:31,599
A waiver -- and I'll give you a brief explanation --

2519
02:57:31,599 --> 02:57:34,647
is applied to the physical attribute of the project.

2520
02:57:34,647 --> 02:57:37,399
In this case it is to reduce setbacks

2521
02:57:37,399 --> 02:57:39,919
and to increase the height.

2522
02:57:39,919 --> 02:57:45,364
And a waiver allows a developer to modify the zoning code

2523
02:57:45,364 --> 02:57:46,229
provision.

2524
02:57:46,229 --> 02:57:51,290
The applicant is also entitled to one concession.

2525
02:57:52,425 --> 02:57:57,190
And that concession is to reduce the floor area ratio and that

2526
02:57:57,190 --> 02:57:59,969
will apply to the commercial portion and reduce

2527
02:57:59,969 --> 02:58:04,169
the commercial space from 2665ft² to 715ft².

2528
02:58:06,989 --> 02:58:11,789
So a concession actually lowers a project cost.

2529
02:58:21,159 --> 02:58:24,759
This is the elevation, the rendering

2530
02:58:25,150 --> 02:58:27,639
provided you a little bit of the perspective.

2531
02:58:27,639 --> 02:58:32,109
This is an elevation of the townhome building type.

2532
02:58:32,109 --> 02:58:36,759
And over here, what I wanted to clarify

2533
02:58:36,759 --> 02:58:41,719
is this is the front elevation that is facing the neighbors.

2534
02:58:41,719 --> 02:58:45,499
Again, it's four stories and this is the elevation

2535
02:58:45,499 --> 02:58:47,391
that's facing the rear.

2536
02:58:47,391 --> 02:58:51,870
This is the interior parking court and as you can see,

2537
02:58:51,870 --> 02:58:54,727
these are the garages that are facing the interior parking

2538
02:58:54,727 --> 02:58:58,590
court and there are Juliet style balconies facing

2539
02:58:58,590 --> 02:59:00,459
the interior parking court.

2540
02:59:00,619 --> 02:59:04,767
The elevation that is -- the front elevation or facing

2541
02:59:04,767 --> 02:59:09,362
the neighbors -- at the third floor there is a terrace.

2542
02:59:09,362 --> 02:59:11,935
You can see the terrace here.

2543
02:59:11,935 --> 02:59:17,785
That terrace is actually set back 15ft and that provides

2544
02:59:17,785 --> 02:59:25,585
the new owners of the townhomes to have a place to sit outside.

2545
02:59:28,479 --> 02:59:31,479
Terrace also here's the elevation

2546
02:59:32,732 --> 02:59:34,990
and you can see the terrace.

2547
02:59:34,990 --> 02:59:37,369
It helps to articulate the building.

2548
02:59:37,369 --> 02:59:39,799
There was a community meeting that was held

2549
02:59:39,799 --> 02:59:43,350
and it was held online and in person.

2550
02:59:43,350 --> 02:59:45,769
Seven members of the public.

2551
02:59:45,769 --> 02:59:48,119
There were no members present online.

2552
02:59:48,119 --> 02:59:52,319
Overall the public comments were about the lack

2553
02:59:52,319 --> 02:59:56,599
of on street parking and the existing width of Civic Center

2554
02:59:56,599 --> 02:59:59,609
drive and concerns over park privacy.

2555
02:59:59,609 --> 03:00:02,519
The applicant did provide responses

2556
03:00:02,519 --> 03:00:05,439
and the applicant addressed the comments

2557
03:00:05,439 --> 03:00:09,823
in that each townhome unit will provide two car garage

2558
03:00:09,823 --> 03:00:15,223
and the two duplex units will have a parking

2559
03:00:16,310 --> 03:00:19,130
and ADUs are exempt from parking requirements

2560
03:00:19,130 --> 03:00:20,564
and that is a state law regarding

2561
03:00:20,564 --> 03:00:22,287
the exemption for ADUs.

2562
03:00:22,287 --> 03:00:25,705
There will be a six foot masonry wall and landscaping

2563
03:00:25,705 --> 03:00:29,905
along the perimeter to provide additional privacy.

2564
03:00:36,159 --> 03:00:41,790
Um I do want to talk about the waivers and concessions here

2565
03:00:41,790 --> 03:00:43,479
and explain more detail.

2566
03:00:45,790 --> 03:00:48,939
Because the project includes the affordable housing units,

2567
03:00:48,939 --> 03:00:52,731
the applicant is utilizing the state density bonus law

2568
03:00:52,731 --> 03:00:56,790
to request for waivers and one concession

2569
03:00:56,790 --> 03:00:59,939
from certain Santa Clara City code development standards.

2570
03:00:59,939 --> 03:01:03,539
The two affordable housing units --

2571
03:01:04,334 --> 03:01:10,764
one will be in the townhome and the other will be in the duplex.

2572
03:01:10,764 --> 03:01:15,599
And it meets our affordable housing ordinance as well.

2573
03:01:15,599 --> 03:01:20,919
The four waivers are first the reduction in the rear setback.

2574
03:01:20,919 --> 03:01:24,999
Ten feet is required and they are proposing four feet 11in

2575
03:01:24,999 --> 03:01:30,279
for the first building which is the eight unit townhome.

2576
03:01:30,279 --> 03:01:33,799
Waiver of the front setback requirement along Civic Center

2577
03:01:33,799 --> 03:01:39,599
drive to two feet nine inches where between 5 to 10ft is

2578
03:01:39,599 --> 03:01:40,229
required.

2579
03:01:40,229 --> 03:01:43,829
Waiver of the multi-story setback requirements

2580
03:01:44,183 --> 03:01:47,511
and waiver of the height limit to allow

2581
03:01:47,511 --> 03:01:50,511
an increase in building height.

2582
03:01:50,799 --> 03:01:54,919
So the limit is 40ft and the applicant is proposing 44ft

2583
03:01:54,919 --> 03:01:59,111
and then the concession is to reduce the commercial FAR

2584
03:01:59,111 --> 03:02:05,111
to 715ft² where 2665ft² is required in the muck zoning

2585
03:02:08,799 --> 03:02:09,324
code.

2586
03:02:09,324 --> 03:02:14,439
I do want to explain a few things under the Housing

2587
03:02:14,439 --> 03:02:15,879
Accountability Act.

2588
03:02:15,879 --> 03:02:18,359
If a housing development complies

2589
03:02:18,359 --> 03:02:21,359
with the applicable objective standards,

2590
03:02:21,455 --> 03:02:27,136
in effect, then the application was determined to be complete.

2591
03:02:27,136 --> 03:02:30,749
The city may not disapprove the project

2592
03:02:30,749 --> 03:02:33,774
or require a lower density project

2593
03:02:33,774 --> 03:02:37,671
unless the project would result in a specific impact

2594
03:02:37,671 --> 03:02:40,671
on public health or safety.

2595
03:02:42,559 --> 03:02:44,945
In this case the project would be

2596
03:02:44,945 --> 03:02:49,959
required to meet all the codes for building and fire

2597
03:02:49,959 --> 03:02:53,892
and comply with the building permit requirements.

2598
03:02:53,892 --> 03:02:56,439
Staff does find that the project is

2599
03:02:56,439 --> 03:02:58,664
consistent with the applicable development

2600
03:02:58,664 --> 03:03:02,410
standards for the mixed use community commercial Zoning

2601
03:03:02,410 --> 03:03:06,199
District as modified by the requested state density

2602
03:03:06,199 --> 03:03:09,559
Bonus law for waivers and concessions

2603
03:03:09,559 --> 03:03:15,259
and there are no identified or specific public health or safety

2604
03:03:15,259 --> 03:03:19,459
impacts meeting the Housing Accountability Act standard.

2605
03:03:23,199 --> 03:03:29,199
A development review hearing was conducted on June 17th 2026 per

2606
03:03:32,105 --> 03:03:36,520
the City Code and the project was heard by the Development

2607
03:03:36,520 --> 03:03:37,151
Review Officer.

2608
03:03:37,151 --> 03:03:41,839
At the hearing, four members of the public

2609
03:03:41,839 --> 03:03:44,727
spoke in opposition to the project.

2610
03:03:44,727 --> 03:03:49,199
The comments included concerns the project design isn't

2611
03:03:49,199 --> 03:03:51,279
consistent with the surrounding neighborhood,

2612
03:03:51,279 --> 03:03:53,625
specifically the adjoining townhomes.

2613
03:03:53,625 --> 03:03:57,939
Speakers also raised concerns regarding the proposed building

2614
03:03:57,939 --> 03:04:00,409
height, lack of multi-story setbacks

2615
03:04:00,409 --> 03:04:05,209
and potential privacy impacts from the proposed balconies.

2616
03:04:05,209 --> 03:04:08,659
After considering all the comments and applicability

2617
03:04:08,659 --> 03:04:12,290
of state laws, the Development Review Officer

2618
03:04:12,290 --> 03:04:14,290
approved the project.

2619
03:04:19,719 --> 03:04:23,919
There are some project features that I

2620
03:04:24,159 --> 03:04:26,979
would like to share tonight.

2621
03:04:26,979 --> 03:04:32,379
There is landscaping which includes a mixture of plant

2622
03:04:32,751 --> 03:04:35,103
species and trees for the planting

2623
03:04:35,103 --> 03:04:37,985
along both frontages common pedestrian walkways,

2624
03:04:37,985 --> 03:04:40,719
common open space and landscaping

2625
03:04:40,719 --> 03:04:42,649
along the entire project perimeter.

2626
03:04:42,649 --> 03:04:46,650
For the screening they are proposing a six foot

2627
03:04:46,650 --> 03:04:49,207
tall masonry wall with stucco along the perimeter

2628
03:04:49,207 --> 03:04:51,945
of the entire site and the project

2629
03:04:51,945 --> 03:04:56,679
is within a half mile of transit and under a B 2097,

2630
03:04:56,679 --> 03:05:00,500
no parking is required for this site.

2631
03:05:00,500 --> 03:05:04,330
The parking that is provided is a total of 32 spaces.

2632
03:05:04,330 --> 03:05:07,284
So for the townhomes, each townhome

2633
03:05:07,284 --> 03:05:10,705
will have two spaces in the attached garage

2634
03:05:10,705 --> 03:05:12,599
so that is 28 spaces.

2635
03:05:12,599 --> 03:05:16,735
With a duplex there will be one assigned and covered space

2636
03:05:16,735 --> 03:05:19,959
for each duplex so that's two spaces total.

2637
03:05:19,959 --> 03:05:24,599
For the commercial there is one parking from Alviso Street

2638
03:05:24,599 --> 03:05:26,327
and that is unassigned.

2639
03:05:26,327 --> 03:05:30,967
And there will be one assigned guest parking lot and as stated,

2640
03:05:30,967 --> 03:05:34,224
the ADUs under state law are exempt from the parking

2641
03:05:34,224 --> 03:05:34,889
requirements.

2642
03:05:34,889 --> 03:05:40,159
There is a private open space on the project and it's about

2643
03:05:40,159 --> 03:05:40,759
2000ft².

2644
03:05:40,759 --> 03:05:44,390
Well, let me explain this one.

2645
03:05:44,390 --> 03:05:47,327
There is private open space which consists of terraces

2646
03:05:47,327 --> 03:05:51,379
and they allow the interior space on the upper floor to be

2647
03:05:51,379 --> 03:05:55,371
set back by approximately 15ft and also to allow

2648
03:05:55,371 --> 03:05:59,144
for the articulation of the upper floors.

2649
03:05:59,144 --> 03:06:03,812
Additionally there's 2000ft² of amenity space on the project

2650
03:06:03,812 --> 03:06:08,359
site at the ground floor and that will include seating,

2651
03:06:08,359 --> 03:06:13,159
table, barbecue and a usable lawn with landscaping.

2652
03:06:15,639 --> 03:06:22,287
On August 13th the notice of Public Hearing for this item was

2653
03:06:22,287 --> 03:06:27,870
mailed to 160 property owners and tenants within 500ft

2654
03:06:27,279 --> 03:06:28,599
of the site.

2655
03:06:28,599 --> 03:06:32,735
The same notice was also sent for the design review hearing

2656
03:06:32,735 --> 03:06:36,335
that was held in June of 2026.

2657
03:06:36,665 --> 03:06:39,665
For public comments were received.

2658
03:06:41,239 --> 03:06:44,680
After the agenda was posted for tonight's meeting,

2659
03:06:44,680 --> 03:06:46,159
a letter from the adjacent property,

2660
03:06:46,159 --> 03:06:50,390
which states concerns regarding the additional height,

2661
03:06:50,390 --> 03:06:54,790
reduced setbacks and waiver of the setback requirements

2662
03:06:54,790 --> 03:06:57,332
and an additional letter from the appellant raising

2663
03:06:57,332 --> 03:06:59,959
additional points in support of the appeal,

2664
03:06:59,959 --> 03:07:03,405
a letter from the California Housing Defense Fund

2665
03:07:03,405 --> 03:07:07,265
in support of the project and its compliance with state laws

2666
03:07:07,265 --> 03:07:10,727
and then there's also a letter from the applicant

2667
03:07:10,727 --> 03:07:14,839
or the property owner responding to the appeal letter.

2668
03:07:14,839 --> 03:07:20,239
Previously written comments were submitted for the June 17th 2026

2669
03:07:20,259 --> 03:07:26,859
and those were included as part of the DRH staff report.

2670
03:07:32,679 --> 03:07:36,279
The action considered tonight is statutorily

2671
03:07:36,975 --> 03:07:41,175
exempt from the California Environmental Quality Act

2672
03:07:43,161 --> 03:07:45,161
under AB130.

2673
03:07:45,872 --> 03:07:47,247
AB130 exempts qualifying projects

2674
03:07:47,247 --> 03:07:50,899
from formal environmental review and there is a criteria

2675
03:07:50,899 --> 03:07:52,856
in order to meet this.

2676
03:07:52,856 --> 03:07:55,710
I will briefly go through that criteria.

2677
03:07:55,710 --> 03:07:58,105
The project site is less than 20 acres

2678
03:07:58,105 --> 03:08:00,457
and this project site is 0.61 acres

2679
03:08:00,457 --> 03:08:03,465
and the project site is incorporated

2680
03:08:03,465 --> 03:08:06,391
in the municipality of the city of Santa Clara

2681
03:08:06,391 --> 03:08:09,265
and was previously developed as Urban Use

2682
03:08:09,265 --> 03:08:12,212
and it joins other urban uses.

2683
03:08:12,212 --> 03:08:16,539
It is consistent with the zoning code and the general plan.

2684
03:08:16,539 --> 03:08:19,449
The project density here that is proposed

2685
03:08:19,449 --> 03:08:23,490
is 26.2 dwelling units per acre which

2686
03:08:23,790 --> 03:08:28,823
is above the minimum density of 15 dwelling units per acre.

2687
03:08:28,823 --> 03:08:34,975
The project is not located in a coastal zone, farmland, wetland

2688
03:08:34,975 --> 03:08:37,119
or hazmat site or earthquake or fault zone

2689
03:08:37,119 --> 03:08:39,359
or within a special flood area.

2690
03:08:39,359 --> 03:08:43,779
Or on a conservation plan or within habitat

2691
03:08:43,779 --> 03:08:47,359
for special species or under a conservation easement.

2692
03:08:47,359 --> 03:08:50,459
The project will not demolish historic structures

2693
03:08:50,459 --> 03:08:52,751
on the national state or local registrar

2694
03:08:52,751 --> 03:08:54,719
and the project is not designated

2695
03:08:54,719 --> 03:08:59,343
as a hotel, motel or transit launch or transient lodging.

2696
03:08:59,343 --> 03:09:03,972
It will be required to prepare an environmental assessment.

2697
03:09:03,972 --> 03:09:08,111
And that is a condition of approval for this project

2698
03:09:08,111 --> 03:09:11,183
and that is following the city's process

2699
03:09:11,183 --> 03:09:16,990
and the project has completed a tribal consultation process

2700
03:09:16,990 --> 03:09:18,999
and the city met with Tammy and Nation

2701
03:09:18,999 --> 03:09:23,319
and the Malekula tribe of San Francisco Bay area

2702
03:09:23,319 --> 03:09:27,519
and that was completed in September of 2025.

2703
03:09:30,759 --> 03:09:35,559
So on June 24th, 2026, the applicant's attorney submitted

2704
03:09:35,799 --> 03:09:41,159
an appeal letter included as attachment five and they raised

2705
03:09:41,159 --> 03:09:44,159
five grounds for the appeal.

2706
03:09:45,559 --> 03:09:50,183
And I will walk you through those five points.

2707
03:09:50,183 --> 03:09:56,783
The project is ineligible to use the CEQA exemption under AB130.

2708
03:09:59,607 --> 03:10:02,223
They allege it's inconsistent with the May 2026 El Camino

2709
03:10:02,223 --> 03:10:05,985
real specific plan that was adopted by Council.

2710
03:10:05,985 --> 03:10:09,399
The city needs to provide more evidence supporting

2711
03:10:09,399 --> 03:10:11,447
requested waivers and concessions,

2712
03:10:11,447 --> 03:10:16,847
or that the Architectural Review findings related to neighborhood

2713
03:10:16,851 --> 03:10:18,559
compatibility and harmonious development,

2714
03:10:18,559 --> 03:10:21,839
and number five that the appellants are

2715
03:10:21,839 --> 03:10:25,700
requesting design changes to reduce the height and setbacks.

2716
03:10:25,700 --> 03:10:28,979
Over the next few slides I will address each

2717
03:10:28,979 --> 03:10:32,579
of these points in more detail.

2718
03:10:33,399 --> 03:10:37,599
The first is the exemption under AB130.

2719
03:10:40,479 --> 03:10:43,162
The appellants allege the project

2720
03:10:43,162 --> 03:10:47,319
is ineligible to use the statutory exemption as amended

2721
03:10:47,319 --> 03:10:52,719
for a B 130 based on the General Plan inconsistency

2722
03:10:52,989 --> 03:10:55,979
and they cite the transition policies that

2723
03:10:55,979 --> 03:10:58,145
require a qualitative judgment.

2724
03:10:58,145 --> 03:11:01,492
The city's response is that the project

2725
03:11:01,492 --> 03:11:05,920
relies on the AB130 statutory exemption

2726
03:11:06,175 --> 03:11:08,175
as it's a qualifying infill residential project.

2727
03:11:08,175 --> 03:11:12,319
On a site generally not more than 20 acres.

2728
03:11:12,319 --> 03:11:16,259
The proposed project is consistent with the surrounding

2729
03:11:16,259 --> 03:11:18,719
character of the neighborhood because they

2730
03:11:18,719 --> 03:11:21,399
include compatible building color common contemporary

2731
03:11:21,399 --> 03:11:24,699
Spanish architecture design, double pane windows

2732
03:11:24,699 --> 03:11:26,470
common metal railings.

2733
03:11:26,470 --> 03:11:28,463
The features and the proposed design

2734
03:11:28,463 --> 03:11:30,899
are true to the architectural form

2735
03:11:30,899 --> 03:11:33,941
and they are appropriate for the neighborhood.

2736
03:11:33,941 --> 03:11:37,541
AB130 provides a housing development project

2737
03:11:38,930 --> 03:11:41,159
shall be deemed consistent with the applicable General

2738
03:11:41,159 --> 03:11:45,119
Plan and the zoning ordinance based on substantial evidence.

2739
03:11:45,119 --> 03:11:47,129
Hears substantial evidence supports

2740
03:11:47,129 --> 03:11:50,249
that the community common mixed use

2741
03:11:50,249 --> 03:11:53,849
designation authorized the proposed residential and

2742
03:11:53,905 --> 03:11:55,390
commercial uses.

2743
03:11:55,390 --> 03:11:58,700
They are permitted under our zoning code.

2744
03:11:58,700 --> 03:12:02,239
In addition, approval of the state density Bonus law

2745
03:12:02,239 --> 03:12:05,895
for concessions and waivers may not be used as grounds

2746
03:12:05,895 --> 03:12:09,625
of finding that a project is inconsistent with the general

2747
03:12:09,625 --> 03:12:12,663
plan, so to the extent that the appellant's objections are

2748
03:12:12,663 --> 03:12:17,119
related to the height, the setback or --

2749
03:12:17,119 --> 03:12:20,119
those factors cannot be considered.

2750
03:12:23,199 --> 03:12:28,239
The appellants allege that the project is inconsistent with

2751
03:12:28,239 --> 03:12:32,907
the El Camino real specific plan that was adopted on May 19th

2752
03:12:32,907 --> 03:12:38,479
2026 and remember, it went into effect in June 18th of 2026.

2753
03:12:38,479 --> 03:12:42,863
The city's response is that the proposed project was submitted

2754
03:12:42,863 --> 03:12:46,735
in October of 2024 and it was deemed complete

2755
03:12:46,735 --> 03:12:49,735
and cleared in April of 2026.

2756
03:12:49,785 --> 03:12:54,529
Prior to the adoption of the El Camino Real specific plan.

2757
03:12:54,529 --> 03:12:57,529
It cannot be retroactively applied.

2758
03:12:57,559 --> 03:12:59,939
Under the Housing Accountability Act,

2759
03:12:59,939 --> 03:13:03,519
the project is evaluated and under the applicable objective

2760
03:13:03,519 --> 03:13:07,127
General Plan, zoning subdivision design review standards

2761
03:13:07,127 --> 03:13:11,479
in effect when the application was deemed --

2762
03:13:11,479 --> 03:13:15,351
the city may not evaluate this project for the purposes

2763
03:13:15,351 --> 03:13:18,351
of the Housing Accountability Act,

2764
03:13:18,895 --> 03:13:23,520
disapproval or reduce the density against the development

2765
03:13:23,520 --> 03:13:28,920
standards adopted in May 2026 after the project was deemed

2766
03:13:28,920 --> 03:13:30,920
complete.

2767
03:13:32,679 --> 03:13:38,579
The applicant's -- the appeal applicants allege that the city

2768
03:13:38,579 --> 03:13:42,279
should have required additional evidence from the applicant

2769
03:13:42,279 --> 03:13:45,852
for economic necessity and site constraints to justify

2770
03:13:45,852 --> 03:13:49,199
the granting of the waivers and concessions.

2771
03:13:49,199 --> 03:13:51,529
The city's response on the concessions

2772
03:13:51,529 --> 03:13:55,415
is that legally for concession, an applicant does not

2773
03:13:55,415 --> 03:13:57,852
have to prove economic infeasibility

2774
03:13:57,852 --> 03:14:02,479
or submit a pro forma or other similar evidence.

2775
03:14:02,479 --> 03:14:04,885
The city bears the burden to prove

2776
03:14:04,885 --> 03:14:07,639
a concession would not be economically feasible

2777
03:14:07,639 --> 03:14:10,199
and this is state law.

2778
03:14:10,199 --> 03:14:14,225
Here the project site has an unusual L shaped configuration

2779
03:14:14,225 --> 03:14:17,932
with limited street frontage and the larger part of the site

2780
03:14:17,932 --> 03:14:20,119
is situated behind that frontage.

2781
03:14:20,119 --> 03:14:22,759
Only a limited portion of the site

2782
03:14:22,759 --> 03:14:25,145
has street exposure and visibility

2783
03:14:25,145 --> 03:14:27,799
and direct pedestrian access associated

2784
03:14:27,799 --> 03:14:30,799
with the viable commercial space.

2785
03:14:32,119 --> 03:14:38,190
And in regards to the waiver, the developer does need to show

2786
03:14:38,190 --> 03:14:41,509
a factual basis for the waiver but the city cannot require

2787
03:14:41,509 --> 03:14:45,249
the removal of amenities or redesign the project merely

2788
03:14:45,249 --> 03:14:48,295
to eliminate the need for the waivers.

2789
03:14:48,295 --> 03:14:51,919
The setbacks, the setbacks and the height waivers

2790
03:14:51,919 --> 03:14:55,269
are necessary due to the constraint lot configuration

2791
03:14:55,269 --> 03:14:59,259
which limits the horizontal area available for development.

2792
03:14:59,259 --> 03:15:01,999
Building envelopes refer the constraint

2793
03:15:01,999 --> 03:15:05,119
by the physical space for vehicular, emergency

2794
03:15:05,119 --> 03:15:08,119
and pedestrian access, parking, landscaping,

2795
03:15:08,919 --> 03:15:11,919
stormwater facilities, utility access, common

2796
03:15:12,863 --> 03:15:15,263
and private open space.

2797
03:15:18,519 --> 03:15:22,119
And under the Architectural Review findings,

2798
03:15:22,379 --> 03:15:26,159
the appellant states that the city cannot make two

2799
03:15:26,159 --> 03:15:28,511
of the architectural review findings related

2800
03:15:28,511 --> 03:15:31,932
to the neighborhood compatibility and harmonious

2801
03:15:31,932 --> 03:15:32,705
development.

2802
03:15:32,705 --> 03:15:38,540
The city's response is that the law does not

2803
03:15:38,540 --> 03:15:40,439
authorize subjective compatibility criteria

2804
03:15:40,439 --> 03:15:43,349
to serve as additional development standards

2805
03:15:43,349 --> 03:15:47,539
for disproving or reducing the density of an otherwise

2806
03:15:47,539 --> 03:15:50,390
objectively compliant housing development project.

2807
03:15:50,390 --> 03:15:54,159
The city may still make locally required architectural review

2808
03:15:54,159 --> 03:15:56,539
findings where the record supports them

2809
03:15:56,539 --> 03:15:58,585
and the evidence supporting those findings

2810
03:15:58,585 --> 03:16:01,585
is in the staff report.

2811
03:16:03,199 --> 03:16:06,879
In regards to the requested design changes,

2812
03:16:06,879 --> 03:16:09,271
the appellants ask that the project

2813
03:16:09,271 --> 03:16:12,871
be redesigned to reduce the height

2814
03:16:13,649 --> 03:16:16,469
and increase the setbacks, which are

2815
03:16:16,469 --> 03:16:20,559
the waivers that the applicant has requested the state density

2816
03:16:20,559 --> 03:16:22,167
bonus law for.

2817
03:16:22,167 --> 03:16:25,559
The city's response is first that the strict application

2818
03:16:25,559 --> 03:16:28,790
of the development standards would

2819
03:16:28,790 --> 03:16:30,111
preclude the construction of the project

2820
03:16:30,111 --> 03:16:31,945
at the allowable density.

2821
03:16:31,945 --> 03:16:35,271
The applicant proposed the required affordable units

2822
03:16:35,271 --> 03:16:38,999
as they are entitled to those waivers.

2823
03:16:38,999 --> 03:16:42,452
Secondly, staff believes the current architectural design is

2824
03:16:42,452 --> 03:16:46,692
of a high caliber and compatible with the surrounding

2825
03:16:46,692 --> 03:16:49,692
developments and finally, the appellants

2826
03:16:49,969 --> 03:16:54,439
want to constrain the uses allowed at the commercial space.

2827
03:16:54,439 --> 03:16:56,692
However this is not one of the relevant topics

2828
03:16:56,692 --> 03:16:58,692
for architectural review.

2829
03:17:00,439 --> 03:17:05,839
Tonight staff's recommendation is to determine that the project

2830
03:17:06,407 --> 03:17:11,207
be exempt from the California Environmental Quality Act

2831
03:17:11,931 --> 03:17:17,759
for AB130, and second, that the Council adopt the resolution

2832
03:17:17,759 --> 03:17:22,619
overruling the appeal and uphold the decision to approve

2833
03:17:22,619 --> 03:17:25,919
the Architectural Review permit for the demolition of existing

2834
03:17:25,919 --> 03:17:30,119
buildings, construction of three separate multifamily buildings

2835
03:17:30,569 --> 03:17:33,629
including an eight unit townhome building,

2836
03:17:33,629 --> 03:17:37,379
six unit townhome building and a two unit residential building

2837
03:17:37,379 --> 03:17:43,359
with two accessory dwelling units and a 758ft² of commercial

2838
03:17:43,359 --> 03:17:48,159
space located at 860 and 850 Civic Center Drive and 1526

2839
03:17:48,615 --> 03:17:52,709
Alviso Street which is subject to findings and conditions

2840
03:17:52,709 --> 03:17:53,889
of approval.

2841
03:17:53,889 --> 03:17:56,999
Staff is here for any questions.

2842
03:17:56,999 --> 03:17:58,619
Thank you.

2843
03:17:58,619 --> 03:18:00,690
>> Thanks for the presentation.

2844
03:18:00,690 --> 03:18:04,269
We'll see if there's any questions. (inaudible)

2845
03:18:06,593 --> 03:18:09,593
questions for Director or staff?

2846
03:18:09,600 --> 03:18:13,200
I'll start with Council member Hardy.

2847
03:18:13,479 --> 03:18:14,499
>> Thank you.

2848
03:18:14,499 --> 03:18:16,301
I was taking copious notes and I'll

2849
03:18:16,301 --> 03:18:18,959
see if I can read my own handwriting.

2850
03:18:18,959 --> 03:18:20,959
I was surprised.

2851
03:18:21,695 --> 03:18:25,295
715ft² for commercial is very small.

2852
03:18:25,951 --> 03:18:29,559
I was wondering if that is set up

2853
03:18:29,559 --> 03:18:34,359
so it can be coffee house or something?

2854
03:18:36,212 --> 03:18:37,839
That does require more infrastructure.

2855
03:18:37,839 --> 03:18:41,215
I was surprised about the setback.

2856
03:18:41,215 --> 03:18:44,770
I understood fire needed at least five feet to.

2857
03:18:44,770 --> 03:18:51,970
I do know in historic situations where we have zero lot line

2858
03:18:52,579 --> 03:18:56,720
garages that if it's historic we've allowed that.

2859
03:18:56,720 --> 03:19:01,545
But -- and it was just less than five feet.

2860
03:19:01,545 --> 03:19:04,152
So that was a question.

2861
03:19:04,152 --> 03:19:10,152
When I looked at the renderings, I wasn't really clear.

2862
03:19:10,719 --> 03:19:15,381
The terrace where it says the 15 foot setback --

2863
03:19:15,381 --> 03:19:17,899
is at the top of the buildings at 44ft?

2864
03:19:17,899 --> 03:19:20,642
I wanted to make certain I understood that.

2865
03:19:20,642 --> 03:19:27,842
Also, I was a little confused, when I think of an ADU,

2866
03:19:29,709 --> 03:19:33,590
I think of something separate from it main buildings.

2867
03:19:33,590 --> 03:19:39,303
So because you're saying the Adu does not have to have parking

2868
03:19:39,303 --> 03:19:42,303
and has different requirements --

2869
03:19:42,719 --> 03:19:46,707
I was wondering, what is the criteria

2870
03:19:46,707 --> 03:19:52,577
to call it an ADU when it's part of that building?

2871
03:19:52,577 --> 03:19:56,177
Above it you were saying duplex.

2872
03:19:56,479 --> 03:20:00,802
I want to also understand from a legal point of view,

2873
03:20:00,802 --> 03:20:03,799
this may be for the city attorney --

2874
03:20:03,799 --> 03:20:08,599
so you're suggesting a resolution overruling the appeal

2875
03:20:09,700 --> 03:20:15,700
but if there's no action taken, doesn't the approval stand?

2876
03:20:18,990 --> 03:20:24,990
I want to understand because if I understand this right,

2877
03:20:25,527 --> 03:20:27,167
this is approved.

2878
03:20:27,167 --> 03:20:35,390
And we have an appeal -- and for the appeal to stand you would

2879
03:20:35,390 --> 03:20:36,345
have to pass that.

2880
03:20:36,345 --> 03:20:39,967
If we don't pass anything, isn't that just

2881
03:20:39,967 --> 03:20:42,967
mean what was before stands?

2882
03:20:43,135 --> 03:20:45,871
But yet staff turned around and said

2883
03:20:45,871 --> 03:20:49,859
he wanted a resolution overruling the appeals.

2884
03:20:49,859 --> 03:20:53,870
So from a legal point of view I want to understand that.

2885
03:20:53,870 --> 03:20:55,870
Thank you.

2886
03:20:55,519 --> 03:20:57,519
>> Council member Jain?

2887
03:21:04,860 --> 03:21:07,687
>> I believe you said (inaudible) an unlimited number

2888
03:21:07,687 --> 03:21:10,687
of -- and one concession.

2889
03:21:12,185 --> 03:21:15,479
And I guess wouldn't that concession

2890
03:21:15,479 --> 03:21:19,249
allow for them to have zero commercial?

2891
03:21:19,249 --> 03:21:25,849
And the other thing is it seems like they could just

2892
03:21:27,399 --> 03:21:30,736
reduce the setbacks to zero for the front setback

2893
03:21:30,736 --> 03:21:32,735
and get more space.

2894
03:21:32,735 --> 03:21:34,735
Is that allowable?

2895
03:21:35,359 --> 03:21:38,169
I think Council Member Hardy was correct

2896
03:21:38,169 --> 03:21:42,969
that certain setbacks are required for fire safety,

2897
03:21:43,187 --> 03:21:46,939
so the space between the building and the masonry wall

2898
03:21:46,939 --> 03:21:50,239
needs to allow firefighters to get in there.

2899
03:21:50,239 --> 03:21:52,399
Is that the only constraint?

2900
03:21:52,399 --> 03:21:55,259
Otherwise it could go to zero setbacks.

2901
03:21:55,259 --> 03:22:00,590
I didn't quite understand the private open space.

2902
03:22:00,792 --> 03:22:03,792
That is a 15 foot terrace.

2903
03:22:04,950 --> 03:22:09,390
Is that available to all the residents or just the

2904
03:22:09,390 --> 03:22:12,279
two residents that are where that terrace is?

2905
03:22:12,279 --> 03:22:17,790
And then the 2000ft² of amenity space --

2906
03:22:17,883 --> 03:22:22,950
you said there's going to be barbecues there and tables?

2907
03:22:22,950 --> 03:22:26,704
Can you explain that again what's in that amenity space?

2908
03:22:26,704 --> 03:22:32,704
And finally, how does that impact the parks impact fee?

2909
03:22:39,921 --> 03:22:40,671
>> Council member?

2910
03:22:40,671 --> 03:22:40,674
>> Thank you.

2911
03:22:40,674 --> 03:22:41,591
Thanks for the report.

2912
03:22:41,591 --> 03:22:43,991
I have a question.

2913
03:22:44,319 --> 03:22:46,299
First question is how do we differentiate

2914
03:22:46,299 --> 03:22:51,699
between architecture and design guidelines for a single family

2915
03:22:53,239 --> 03:22:57,439
neighborhood and community design guidelines as mentioned?

2916
03:22:57,879 --> 03:23:00,879
Versus the objective design standards?

2917
03:23:05,401 --> 03:23:08,109
(inaudible) I know we're talking about objective design standards

2918
03:23:08,109 --> 03:23:09,579
as design guidelines.

2919
03:23:09,579 --> 03:23:12,759
How we distinguish between those two.

2920
03:23:12,759 --> 03:23:16,107
My other question, I had the same question

2921
03:23:16,107 --> 03:23:18,507
about the fire safety.

2922
03:23:18,847 --> 03:23:23,647
How the setbacks will make this development --

2923
03:23:33,694 --> 03:23:36,499
(inaudible) there's a fire next to chick fil A and --

2924
03:23:36,499 --> 03:23:38,983
we had very small setbacks.

2925
03:23:38,983 --> 03:23:44,465
I just want to confirm if fire department has approved it

2926
03:23:44,465 --> 03:23:47,399
and what are the basis for that.

2927
03:23:47,399 --> 03:23:52,184
My other request is I know you showed the elevations all

2928
03:23:52,184 --> 03:23:56,984
by themselves within -- for the new development.

2929
03:23:57,700 --> 03:24:01,207
And the board has some partial elevations

2930
03:24:01,399 --> 03:24:04,399
along with the existing developments.

2931
03:24:05,609 --> 03:24:11,609
I would like that you elaborate on that, show --

2932
03:24:11,771 --> 03:24:15,971
along with the existing single family houses.

2933
03:24:16,279 --> 03:24:18,279
Thank you.

2934
03:24:18,999 --> 03:24:20,679
>> Council member Park?

2935
03:24:20,679 --> 03:24:24,879
>> Thank you very much. (inaudible) I think

2936
03:24:25,896 --> 03:24:27,604
their questions are my questions as well.

2937
03:24:27,604 --> 03:24:31,185
I did have a note about side by side elevation map.

2938
03:24:31,185 --> 03:24:35,204
It looks to me like there's no sunlight from the south at all.

2939
03:24:35,204 --> 03:24:39,189
Or from the west after 1 p.m.

2940
03:24:39,189 --> 03:24:41,271
And especially during winter hours.

2941
03:24:41,271 --> 03:24:43,412
In England they used to have daylight laws

2942
03:24:43,412 --> 03:24:45,545
to prevent this kind of thing.

2943
03:24:45,545 --> 03:24:49,479
But I don't know that people remember what those are.

2944
03:24:49,479 --> 03:24:52,503
Looking at four storeys less than 20ft away,

2945
03:24:52,503 --> 03:24:55,329
even though you say it's a three storey site,

2946
03:24:55,329 --> 03:24:58,455
there's three storeys plus a wall which makes it more than

2947
03:24:58,455 --> 03:24:59,551
three storeys.

2948
03:24:59,551 --> 03:25:01,419
Less than 20ft away --

2949
03:25:01,419 --> 03:25:02,735
I thought about that.

2950
03:25:02,735 --> 03:25:05,945
That's from the back of this wall to the gate over here.

2951
03:25:05,945 --> 03:25:08,219
Away from two story residential.

2952
03:25:08,219 --> 03:25:12,207
And you've got windows on every elevation.

2953
03:25:12,207 --> 03:25:16,590
So it looks like there are privacy concerns

2954
03:25:16,590 --> 03:25:17,779
from every aspect.

2955
03:25:17,779 --> 03:25:20,990
This is a concern.

2956
03:25:20,990 --> 03:25:23,990
I'm looking at the waivers.

2957
03:25:25,479 --> 03:25:27,703
I appreciate council member's question

2958
03:25:27,703 --> 03:25:30,407
of could they just reduce everything to zero and get

2959
03:25:30,407 --> 03:25:31,699
the biggest largest thing?

2960
03:25:31,699 --> 03:25:34,279
What would prevent them from doing that?

2961
03:25:34,279 --> 03:25:39,339
Even the concessions like reducing from 10ft to 4ft from 5

2962
03:25:39,339 --> 03:25:45,939
to 10ft to 2.2ft nine inches -- reducing the commercial from

2963
03:25:46,839 --> 03:25:49,839
almost 2700ft² down to 715 --

2964
03:25:50,973 --> 03:25:53,863
what do you intend to do with that commercial space?

2965
03:25:53,863 --> 03:25:56,402
I feel at some point this is just

2966
03:25:56,402 --> 03:25:59,307
trying to inflate whatever's there

2967
03:25:59,307 --> 03:26:01,719
to the maximum allowable size.

2968
03:26:01,719 --> 03:26:04,105
I think at some point, it's unfortunate

2969
03:26:04,105 --> 03:26:07,359
that everything staff has stated is a state law or something.

2970
03:26:07,359 --> 03:26:09,845
This is a big problem where the state

2971
03:26:09,845 --> 03:26:12,599
is taking over local control.

2972
03:26:12,599 --> 03:26:15,292
It means any designs that the city has,

2973
03:26:15,292 --> 03:26:20,255
any vision for the way the city should look, any city standards,

2974
03:26:20,255 --> 03:26:22,799
any city style just goes out the window

2975
03:26:22,799 --> 03:26:25,607
because well, the state says you're just

2976
03:26:25,607 --> 03:26:27,812
like every other city next to you.

2977
03:26:27,812 --> 03:26:29,734
We don't care about details.

2978
03:26:29,734 --> 03:26:32,734
We understand you can tell how your neighborhood differs

2979
03:26:32,734 --> 03:26:35,192
from every other neighborhood and people who live in cities

2980
03:26:35,192 --> 03:26:38,119
can tell how your city differs from every other city,

2981
03:26:38,119 --> 03:26:39,351
but we don't care.

2982
03:26:39,351 --> 03:26:41,612
We're the straight and we'll treat everyone the same.

2983
03:26:41,612 --> 03:26:43,687
We don't care about your neighborhoods or cities

2984
03:26:43,687 --> 03:26:48,759
or the differences in style or differences -- we don't care.

2985
03:26:48,759 --> 03:26:50,839
I think this is a big problem.

2986
03:26:50,839 --> 03:26:52,807
We're supposed to be the Mission City.

2987
03:26:52,807 --> 03:26:55,790
The study of what's possible.

2988
03:26:55,790 --> 03:26:59,305
It looks like what's possible is we can fit a lot more --

2989
03:26:59,305 --> 03:27:03,505
>> If I might just remind council members,

2990
03:27:03,999 --> 03:27:06,959
it's important that this just be questions at this time

2991
03:27:06,959 --> 03:27:09,471
because we still have public testimony.

2992
03:27:09,471 --> 03:27:14,310
If council can be focused on questions as opposed to thoughts

2993
03:27:14,310 --> 03:27:16,204
-- which are certainly reasonable and appropriate

2994
03:27:16,204 --> 03:27:18,945
thoughts but not at this time.

2995
03:27:18,945 --> 03:27:21,799
>> I will also ask about the affordable housing ordinance

2996
03:27:21,799 --> 03:27:23,879
that the city has.

2997
03:27:23,879 --> 03:27:28,679
I think Council Member Jain brought this up.

2998
03:27:30,379 --> 03:27:32,879
Can you tell us more about the affordable housing ordinance?

2999
03:27:32,879 --> 03:27:35,871
It requires that developers put in affordable housing

3000
03:27:35,871 --> 03:27:38,439
in the amount that immediately come automatically

3001
03:27:38,439 --> 03:27:43,239
grants them a state bonus density law bonus.

3002
03:27:44,425 --> 03:27:47,189
I'd like to know a little bit more about that

3003
03:27:47,189 --> 03:27:50,789
until we counter something like that.

3004
03:27:50,831 --> 03:27:54,359
I'd also like to know about the timelines of why our El Camino

3005
03:27:54,359 --> 03:27:58,119
specific plan so late that it could have prevented something

3006
03:27:58,119 --> 03:27:58,999
like this.

3007
03:27:58,999 --> 03:28:02,511
We talk about our housing element --

3008
03:28:02,511 --> 03:28:07,449
and people in our window -- and I did talk to some

3009
03:28:07,449 --> 03:28:10,743
of the developers and some of the planning people that I

3010
03:28:10,743 --> 03:28:12,390
talked to previously.

3011
03:28:12,390 --> 03:28:14,654
I know staff has also talked to these people.

3012
03:28:14,654 --> 03:28:19,199
I'd like to know a little bit about all the city

3013
03:28:19,199 --> 03:28:24,399
city deadlines that were missed that allowed these kinds

3014
03:28:24,399 --> 03:28:26,439
of projects to come before us.

3015
03:28:26,439 --> 03:28:28,779
I'd like some answers there.

3016
03:28:28,779 --> 03:28:30,479
Thank you.

3017
03:28:30,479 --> 03:28:33,479
>> Do you have another question?

3018
03:28:40,539 --> 03:28:43,390
>> So in the timeline, you said that this project was deemed

3019
03:28:43,390 --> 03:28:49,639
complete a month before the El Camino real plan was approved.

3020
03:28:50,319 --> 03:28:56,175
I believe part of the reason is before the El Camino real plan,

3021
03:28:56,175 --> 03:28:59,775
we didn't have objective design standards.

3022
03:28:59,951 --> 03:29:04,151
Is that why there's no requirement for

3023
03:29:04,479 --> 03:29:08,190
articulation had this been approved after?

3024
03:29:08,190 --> 03:29:13,419
Would that have forced it to have some articulation?

3025
03:29:15,199 --> 03:29:22,399
I just want to make sure -- to understand better what is

3026
03:29:25,239 --> 03:29:30,639
different between this project and maybe some future projects.

3027
03:29:33,159 --> 03:29:36,655
Maybe let's have a couple questions.

3028
03:29:36,655 --> 03:29:42,536
As far as the terraces, are those on the third --

3029
03:29:42,536 --> 03:29:44,245
for some reason they look like they

3030
03:29:44,245 --> 03:29:49,450
were on the fourth story from the picture.

3031
03:29:53,319 --> 03:29:58,709
And the commercial -- is it going to be a warm show or just

3032
03:29:58,709 --> 03:30:00,709
a commercial building?

3033
03:30:01,239 --> 03:30:04,105
And with that, I don't know if you

3034
03:30:04,105 --> 03:30:08,305
are able to answer the questions now?

3035
03:30:08,799 --> 03:30:10,319
>> Vice Chair Gonzalez?

3036
03:30:10,319 --> 03:30:13,319
Council has his hand up.

3037
03:30:14,239 --> 03:30:16,239
Baby thank you.

3038
03:30:17,650 --> 03:30:24,265
I have a follow up question. (inaudible) but we did pass some

3039
03:30:37,499 --> 03:30:42,899
objective design standards for -- under our zoning board.

3040
03:30:45,478 --> 03:30:47,978
(inaudible) when the projector was deemed complete or was it

3041
03:30:47,978 --> 03:30:48,819
passed before that?

3042
03:30:48,819 --> 03:30:50,819
That's my question.

3043
03:30:52,399 --> 03:30:58,399
It looks like those are all the questions from Council.

3044
03:31:08,764 --> 03:31:09,639
>> Thank you so much.

3045
03:31:09,639 --> 03:31:11,367
Council member Hardy?

3046
03:31:11,367 --> 03:31:14,775
I will begin with your questions.

3047
03:31:14,775 --> 03:31:20,490
You asked that 715ft² is small and will it be a coffee house

3048
03:31:20,490 --> 03:31:23,379
and what kind of infrastructure will be required?

3049
03:31:23,379 --> 03:31:27,399
The developer is here tonight and so is the architect.

3050
03:31:27,399 --> 03:31:29,919
We can ask them on that one.

3051
03:31:29,919 --> 03:31:32,639
I'm just going to make a little note.

3052
03:31:32,639 --> 03:31:35,390
Fire needs five feet.

3053
03:31:35,945 --> 03:31:38,945
Y less than five feet?

3054
03:31:40,470 --> 03:31:43,647
The California Building Code regulates buildings

3055
03:31:43,959 --> 03:31:45,999
based on fire separation distance.

3056
03:31:45,999 --> 03:31:51,790
This is related to a zoning setback but --

3057
03:31:51,790 --> 03:31:54,615
depending on the distance between an exterior wall

3058
03:31:54,615 --> 03:31:57,383
and the relevant property line or --

3059
03:31:57,383 --> 03:31:59,639
between buildings on the same lot common

3060
03:31:59,639 --> 03:32:03,839
the California Building Code imposes progressively more

3061
03:32:03,959 --> 03:32:05,759
stringent requirements.

3062
03:32:05,759 --> 03:32:08,985
What the waiver is for is from the zoning regulations

3063
03:32:08,985 --> 03:32:11,421
and not from the California Building Code.

3064
03:32:11,421 --> 03:32:14,999
I also want to say that when projects come before

3065
03:32:14,999 --> 03:32:18,279
and they apply for an application,

3066
03:32:18,279 --> 03:32:24,279
they go through what's called a project review committee, PCC.

3067
03:32:25,714 --> 03:32:29,723
In that committee there are multiple departments

3068
03:32:29,723 --> 03:32:34,799
that all meet under a regular basis, planning and building

3069
03:32:34,799 --> 03:32:37,799
and SB and water, fire.

3070
03:32:37,919 --> 03:32:38,879
Police.

3071
03:32:38,879 --> 03:32:40,799
Public works.

3072
03:32:40,799 --> 03:32:43,959
And the multiple divisions from public

3073
03:32:43,959 --> 03:32:45,825
works including transportation.

3074
03:32:45,825 --> 03:32:48,479
They all review it against the code

3075
03:32:48,479 --> 03:32:50,959
to make sure the project can move forward.

3076
03:32:50,959 --> 03:32:56,991
Does the CBC in this case can't allow construction quite close

3077
03:32:56,991 --> 03:33:01,665
to or essentially at a -- provided that the construction

3078
03:33:01,665 --> 03:33:05,865
meets the applicable fire resistance opening requirements?

3079
03:33:06,790 --> 03:33:09,679
There isn't a general saying for example

3080
03:33:09,679 --> 03:33:11,572
that every residential building must

3081
03:33:11,572 --> 03:33:14,489
be five feet from the property line.

3082
03:33:14,489 --> 03:33:16,655
The code adjusts the required construction

3083
03:33:16,655 --> 03:33:18,949
based on the fire separation.

3084
03:33:18,949 --> 03:33:22,823
I wanted to comment about the terrace at the top

3085
03:33:22,823 --> 03:33:24,199
of the building's.

3086
03:33:24,199 --> 03:33:27,890
This came up from a couple different council members.

3087
03:33:27,890 --> 03:33:34,889
Can we go back to the elevation drawings so I can show that?

3088
03:33:41,919 --> 03:33:46,119
So the townhomes are four stories tall.

3089
03:33:48,479 --> 03:33:52,679
The terrace is at the fourth floor.

3090
03:33:54,327 --> 03:33:57,442
But essentially it sets back 15ft to.

3091
03:33:57,442 --> 03:34:00,775
At the fourth floor is where the terrace occurs

3092
03:34:00,775 --> 03:34:04,375
and it's a 15 foot deep setback.

3093
03:34:08,199 --> 03:34:12,999
You asked about the ADUs and generally we

3094
03:34:14,276 --> 03:34:16,568
think there should be separate from the main buildings.

3095
03:34:16,568 --> 03:34:18,351
They can be attached.

3096
03:34:18,351 --> 03:34:21,951
ADUs can come in multiple forms.

3097
03:34:24,327 --> 03:34:30,327
And what is the criteria to call this on ADU?

3098
03:34:32,782 --> 03:34:35,399
Essentially a bedroom, a bathroom and a kitchen.

3099
03:34:35,399 --> 03:34:37,379
It can be called an Adu.

3100
03:34:37,379 --> 03:34:41,913
It can be a minimum of -- a minimum of 500,

3101
03:34:41,913 --> 03:34:44,290
a little bit less.

3102
03:34:44,290 --> 03:34:47,890
It can be a minimum of 700.

3103
03:34:56,799 --> 03:35:01,790
There's a question regarding the overruled the appeal.

3104
03:35:01,790 --> 03:35:03,244
Should we save that for the end or do you

3105
03:35:03,244 --> 03:35:05,119
want to respond to that now?

3106
03:35:05,119 --> 03:35:09,892
Abbey is here and he's our assistant director.

3107
03:35:09,892 --> 03:35:12,292
Alexander Abbey, assistant attorney.

3108
03:35:12,299 --> 03:35:15,415
I think it's your question, why are we having a resolution

3109
03:35:15,415 --> 03:35:17,679
and why are we taking any action?

3110
03:35:17,679 --> 03:35:20,487
When you have an appeal it says a city council

3111
03:35:20,487 --> 03:35:25,661
must schedule a hearing within 60 to 120 days of the outset.

3112
03:35:25,661 --> 03:35:28,564
It doesn't specify what happens if we fail to do that.

3113
03:35:28,564 --> 03:35:30,389
It doesn't say then there's automatically

3114
03:35:30,389 --> 03:35:32,950
an approval or disapproval.

3115
03:35:32,950 --> 03:35:35,359
But it does say that all appeal hearings

3116
03:35:35,359 --> 03:35:38,714
are de Novo which you heard the director mention before.

3117
03:35:38,714 --> 03:35:40,599
It means you're basically starting anew.

3118
03:35:40,599 --> 03:35:42,959
It says you can consider evidence that

3119
03:35:42,959 --> 03:35:44,967
wasn't already in the record.

3120
03:35:44,967 --> 03:35:46,119
New evidence added.

3121
03:35:46,119 --> 03:35:48,599
The resolution you have before you,

3122
03:35:48,599 --> 03:35:51,879
it took into account the prior architectural approval

3123
03:35:51,879 --> 03:35:54,825
but it also incorporates additional information

3124
03:35:54,825 --> 03:35:59,159
that's been received since then, different analysis by staff.

3125
03:35:59,159 --> 03:36:02,659
You have a thick memo in your packet.

3126
03:36:02,659 --> 03:36:04,945
I think it's memo attachment number six

3127
03:36:04,945 --> 03:36:08,207
that contains a lot of facts behind staff decision.

3128
03:36:08,207 --> 03:36:11,183
That's why you have a new resolution today.

3129
03:36:11,183 --> 03:36:12,863
It's basically looking at those findings

3130
03:36:12,863 --> 03:36:17,630
again for the council with additional evidence.

3131
03:36:18,199 --> 03:36:24,199
I wanted to respond to Council member Jain and Park.

3132
03:36:26,427 --> 03:36:28,469
Jain, I believe you asked about commercial space.

3133
03:36:28,469 --> 03:36:30,932
This is going down to about 20% of their requirement.

3134
03:36:30,932 --> 03:36:33,379
Could this go to zero?

3135
03:36:33,379 --> 03:36:37,467
We have developers ask for that all the time.

3136
03:36:37,467 --> 03:36:41,545
We have never said yes except in one circumstance.

3137
03:36:41,545 --> 03:36:44,469
We're working on the station area plan right now

3138
03:36:44,469 --> 03:36:46,319
and we don't have a station area plan

3139
03:36:46,319 --> 03:36:49,631
although we do have a chart in the general plan that

3140
03:36:49,631 --> 03:36:53,139
says there has to be commercial square footage in the plan.

3141
03:36:53,139 --> 03:36:54,979
It doesn't have a number next to it.

3142
03:36:54,979 --> 03:36:57,583
It could be one square foot.

3143
03:36:57,583 --> 03:37:00,376
In that one circumstance for a project that

3144
03:37:00,376 --> 03:37:04,490
was in the stationary plan, we let them go from one square foot

3145
03:37:04,490 --> 03:37:05,968
down to zero square foot.

3146
03:37:05,968 --> 03:37:08,639
We've never granted a concession for commercial space

3147
03:37:08,639 --> 03:37:11,347
to go all the way down to zero.

3148
03:37:11,347 --> 03:37:14,369
In fact, at first grant Productions

3149
03:37:14,369 --> 03:37:16,279
in commercial square footage.

3150
03:37:16,279 --> 03:37:18,911
Unfortunately ACD has since issued

3151
03:37:18,911 --> 03:37:20,939
a series of advice letters saying

3152
03:37:20,939 --> 03:37:24,229
that commercial square footage is subject to concessions.

3153
03:37:24,229 --> 03:37:27,399
They can request reductions in square footage

3154
03:37:27,399 --> 03:37:29,229
of commercial space.

3155
03:37:29,229 --> 03:37:32,345
So begrudgingly we've started allowing reductions

3156
03:37:32,345 --> 03:37:34,110
in commercial square footage.

3157
03:37:34,110 --> 03:37:35,719
Except for that one limited circumstance,

3158
03:37:35,719 --> 03:37:39,399
we've never allowed it to go to zero.

3159
03:37:39,399 --> 03:37:42,945
Can they ask for anything, Council member Park?

3160
03:37:42,945 --> 03:37:45,179
They do ask for anything.

3161
03:37:45,179 --> 03:37:49,950
But again, we negotiate with every developer.

3162
03:37:49,950 --> 03:37:52,167
We sit down when they have these requests.

3163
03:37:52,167 --> 03:37:55,500
We make them show us diagrams and we've had many meetings

3164
03:37:55,500 --> 03:37:56,167
with developers.

3165
03:37:56,167 --> 03:37:58,719
I've sat in many of those where we've looked at,

3166
03:37:58,719 --> 03:38:02,831
did you have this 45 degree setback, how many

3167
03:38:02,831 --> 03:38:04,319
units will be eliminated?

3168
03:38:04,319 --> 03:38:07,309
How much of the project will be reduced by this?

3169
03:38:07,309 --> 03:38:10,467
We have a lot of back and forth and in many cases

3170
03:38:10,467 --> 03:38:13,511
we tell developers we are denying those waivers.

3171
03:38:13,511 --> 03:38:16,879
And many more cases we say we are granting them.

3172
03:38:16,879 --> 03:38:21,383
We have limited ability to say no as a director was mentioning.

3173
03:38:21,383 --> 03:38:25,465
In every case we do our best to hang on to as much

3174
03:38:25,465 --> 03:38:30,150
of the standards as we can and we all feel your frustration

3175
03:38:30,150 --> 03:38:33,159
at the erosion of local control because that's

3176
03:38:33,159 --> 03:38:34,999
something we are dealing with every day

3177
03:38:34,999 --> 03:38:36,860
and the state continues to pull it back

3178
03:38:36,860 --> 03:38:41,159
and all I can tell you is we are putting up as much of a fight

3179
03:38:41,159 --> 03:38:42,789
as we can.

3180
03:38:42,789 --> 03:38:45,573
That's the position we are in now.

3181
03:38:45,573 --> 03:38:46,872
We've got some commercial.

3182
03:38:46,872 --> 03:38:49,703
Is a site with a limited frontage

3183
03:38:49,703 --> 03:38:51,999
so we thought it was reasonable in this case

3184
03:38:51,999 --> 03:38:55,692
because the commercial viability wouldn't be that great given

3185
03:38:55,692 --> 03:39:01,239
how much of the lot area is behind the frontage.

3186
03:39:01,239 --> 03:39:05,650
That is where we are at on that.

3187
03:39:05,650 --> 03:39:07,529
>> I might follow up on one other legal aspect

3188
03:39:07,529 --> 03:39:09,423
of Councilmember Hardy's question.

3189
03:39:09,423 --> 03:39:14,987
You had asked for clarification on if no action is taken,

3190
03:39:14,987 --> 03:39:20,150
does the underlying action taken by the design Review officer

3191
03:39:20,150 --> 03:39:20,703
stand?

3192
03:39:20,703 --> 03:39:23,703
That in fact is correct.

3193
03:39:23,999 --> 03:39:27,599
Our appeal process contemplates the Council

3194
03:39:28,431 --> 03:39:32,470
as the final decision maker, as part

3195
03:39:32,470 --> 03:39:35,470
of the administrative appeal process.

3196
03:39:35,439 --> 03:39:38,990
You will typically have not always get

3197
03:39:38,990 --> 03:39:40,159
a recommendation for staff as to what staff

3198
03:39:40,159 --> 03:39:43,790
thinks your decision should be.

3199
03:39:43,790 --> 03:39:49,679
And so per attorney -- that's why you've got a full

3200
03:39:52,959 --> 03:39:55,159
recommendation for staff with additional information

3201
03:39:55,159 --> 03:39:59,959
to support what that action might be tonight.

3202
03:40:00,932 --> 03:40:06,919
If the council is unable to reach any agreement on what

3203
03:40:06,919 --> 03:40:11,639
that appropriate action should be, in effect thus no action

3204
03:40:11,639 --> 03:40:14,319
taken by you and the legal effect of that

3205
03:40:14,319 --> 03:40:18,903
would be that the administrative determination by the Design

3206
03:40:18,903 --> 03:40:21,319
Review Officer with respect to these projects which

3207
03:40:21,319 --> 03:40:26,719
was an approval would stand and stay in place.

3208
03:40:32,790 --> 03:40:34,400
>> Thank you to our attorneys.

3209
03:40:34,400 --> 03:40:37,262
Council member Jain, you asked about the state density bonus

3210
03:40:37,262 --> 03:40:39,679
law and the unlimited waivers and if there's a concession.

3211
03:40:39,679 --> 03:40:41,473
I believe that was a respondent to yes,

3212
03:40:41,473 --> 03:40:45,520
they can go down to zero commercial if they wanted to.

3213
03:40:45,520 --> 03:40:47,625
You also asked about the setbacks.

3214
03:40:47,625 --> 03:40:50,599
I think it responded to the setback question

3215
03:40:50,599 --> 03:40:53,303
through Council member Hardy's response.

3216
03:40:53,303 --> 03:40:55,852
You asked about the amenity space

3217
03:40:55,852 --> 03:40:57,519
and you wanted to know a little bit more

3218
03:40:57,519 --> 03:41:00,790
about what's included in that amenity space.

3219
03:41:00,790 --> 03:41:05,799
Can you please pull up the Powerpoint so I can show that?

3220
03:41:05,799 --> 03:41:07,799
Let me see.

3221
03:41:09,799 --> 03:41:13,281
So this is the Amenity space here.

3222
03:41:13,281 --> 03:41:18,940
This is building three and this is Alviso Street.

3223
03:41:18,940 --> 03:41:22,230
The townhomes come with a six story townhomes are here.

3224
03:41:22,230 --> 03:41:24,423
This is the amenity space and it's 2000ft².

3225
03:41:24,423 --> 03:41:30,819
It will have a seating area, table and chairs and a barbecue.

3226
03:41:30,819 --> 03:41:34,772
And a little lawn area as well.

3227
03:41:34,772 --> 03:41:37,619
You asked about if a park fee is applicable.

3228
03:41:37,619 --> 03:41:40,807
This will go through our park ordinance

3229
03:41:40,807 --> 03:41:43,207
and they will evaluate.

3230
03:41:43,359 --> 03:41:46,592
It will most likely not be a public park.

3231
03:41:46,592 --> 03:41:50,279
It will be a privately maintained space.

3232
03:41:50,279 --> 03:41:57,479
You asked -- >> I guess I'm saying will they get the half

3233
03:41:58,285 --> 03:42:00,685
credit for that space?

3234
03:42:00,892 --> 03:42:04,359
>> They will have to pay the In-lieu fee.

3235
03:42:04,359 --> 03:42:07,959
>> Yes but we give them a half credit if it meets certain

3236
03:42:07,959 --> 03:42:09,959
requirements.

3237
03:42:16,609 --> 03:42:19,151
>> I'm looking to my friends on the right for that assistance

3238
03:42:19,151 --> 03:42:21,551
about the half credit.

3239
03:42:24,439 --> 03:42:26,439
Yes.

3240
03:42:28,790 --> 03:42:32,759
We will get back to you on that one.

3241
03:42:32,759 --> 03:42:37,559
And I know they are busy researching answers.

3242
03:42:39,239 --> 03:42:44,559
You asked a question that if this project was deemed

3243
03:42:44,559 --> 03:42:48,759
complete, if the SCR was adopted maybe

3244
03:42:48,767 --> 03:42:52,967
a month before this project, would there

3245
03:42:54,503 --> 03:42:56,503
be more articulation?

3246
03:43:01,870 --> 03:43:03,212
In other words would the ACR apply to this project?

3247
03:43:03,212 --> 03:43:06,529
This was deemed complete and at the concurrently

3248
03:43:06,529 --> 03:43:09,252
we are running the ACR and it was

3249
03:43:09,252 --> 03:43:11,345
going through the multiple reviews including

3250
03:43:11,345 --> 03:43:13,745
the new Environmental Review.

3251
03:43:14,139 --> 03:43:18,939
I think what's important to know is --

3252
03:43:20,639 --> 03:43:23,764
because they are meeting our affordable housing ordinance

3253
03:43:23,764 --> 03:43:26,239
and providing the number of affordable units

3254
03:43:26,239 --> 03:43:27,831
that are required for this project,

3255
03:43:27,831 --> 03:43:33,831
they can do unlimited waivers and still apply and get

3256
03:43:33,849 --> 03:43:36,249
those waivers and concessions.

3257
03:43:37,199 --> 03:43:40,172
>> You're saying it doesn't matter whether that --

3258
03:43:40,172 --> 03:43:43,279
>> They can ask for waivers and concessions if they do

3259
03:43:43,279 --> 03:43:44,335
affordable units.

3260
03:43:44,335 --> 03:43:47,335
It is a state law.

3261
03:43:53,976 --> 03:43:56,434
>> I will pipe in, it's always dangerous to have Laura next

3262
03:43:56,434 --> 03:43:56,788
to you.

3263
03:43:56,788 --> 03:43:58,496
Again, we negotiate with every developer.

3264
03:43:58,496 --> 03:44:01,639
I wouldn't put it as blanket as the director where she's

3265
03:44:01,639 --> 03:44:03,519
being a little pessimistic.

3266
03:44:03,519 --> 03:44:06,759
I would say they would have the ability

3267
03:44:06,759 --> 03:44:09,959
to request additional waivers and we would hopefully

3268
03:44:09,959 --> 03:44:11,655
push back on that.

3269
03:44:11,655 --> 03:44:15,969
And likewise -- I will disagree with --

3270
03:44:15,969 --> 03:44:21,279
we will not agree to a zero square footage commercial.

3271
03:44:21,279 --> 03:44:24,967
>> But they would ask under the Affordable Housing Ordinance --

3272
03:44:24,967 --> 03:44:30,367
a required number which is 15% under our affordable housing

3273
03:44:31,159 --> 03:44:31,899
ordinance.

3274
03:44:31,899 --> 03:44:34,249
They can request unlimited waivers

3275
03:44:34,249 --> 03:44:36,399
and then they're required concessions.

3276
03:44:36,399 --> 03:44:41,114
And then we evaluated according to state law.

3277
03:44:41,114 --> 03:44:43,239
>> I'm still trying to understand what is the point

3278
03:44:43,239 --> 03:44:46,972
of objective design standards if they can get all the waivers

3279
03:44:46,972 --> 03:44:48,972
they want?

3280
03:44:55,443 --> 03:44:56,651
>> Why don't I take that one.

3281
03:44:56,651 --> 03:44:57,170
We totally understand the point you are making.

3282
03:44:57,170 --> 03:44:59,277
I think the reality of the situation,

3283
03:44:59,277 --> 03:45:00,985
not just for Santa Clara but other cities

3284
03:45:00,985 --> 03:45:03,225
is there's been a myriad of state laws

3285
03:45:03,225 --> 03:45:06,825
that have taken away local control.

3286
03:45:06,927 --> 03:45:09,959
With the express benefit to have more housing.

3287
03:45:09,959 --> 03:45:13,859
It's quite possible we will have more housing,

3288
03:45:13,859 --> 03:45:18,212
but communities built that don't reflect the intent of what

3289
03:45:18,212 --> 03:45:19,919
our local rules say.

3290
03:45:19,919 --> 03:45:23,150
The state knew that when they adopted a number of their laws.

3291
03:45:23,150 --> 03:45:25,415
The reasons are many.

3292
03:45:25,482 --> 03:45:28,375
We sit here with the legislative context

3293
03:45:28,375 --> 03:45:31,632
that we do with a number of state laws

3294
03:45:31,632 --> 03:45:33,663
and we're only talking about a few here today.

3295
03:45:33,663 --> 03:45:36,452
We haven't even talked about Senate Bill 330

3296
03:45:36,452 --> 03:45:40,520
which is your very next item.

3297
03:45:42,439 --> 03:45:46,390
Two (inaudible) like a specific plan.

3298
03:45:50,702 --> 03:45:53,327
Absolutely this community went through a very elongated process

3299
03:45:53,327 --> 03:45:56,499
to arrive at a vision for El Camino Real.

3300
03:45:56,499 --> 03:45:58,495
With this project for various reasons

3301
03:45:58,495 --> 03:46:01,599
has double dashed to get waivers from things

3302
03:46:01,599 --> 03:46:03,945
that the community and then council adopted.

3303
03:46:03,945 --> 03:46:06,945
Unfortunately that's where we are.

3304
03:46:25,814 --> 03:46:28,189
>> Council member Chahal you asked what is the difference

3305
03:46:28,189 --> 03:46:30,647
between design guidelines versus objective design standards

3306
03:46:30,647 --> 03:46:31,852
and how do we distinguish?

3307
03:46:31,852 --> 03:46:35,452
Design guidelines are just that, guidelines.

3308
03:46:35,927 --> 03:46:37,509
We cannot hold them.

3309
03:46:37,509 --> 03:46:38,659
Their suggestions.

3310
03:46:38,659 --> 03:46:41,590
And they are visions.

3311
03:46:41,789 --> 03:46:47,189
But objective design standards are under the state law

3312
03:46:47,619 --> 03:46:52,419
and if a community adopts objective design standards,

3313
03:46:52,879 --> 03:46:55,179
then we can work with the developer

3314
03:46:55,179 --> 03:46:58,999
to hold the developer to those standards.

3315
03:46:58,999 --> 03:47:02,989
So there's a lot of benefit when we talk about local control.

3316
03:47:02,989 --> 03:47:06,999
Local control comes from adopting objective design

3317
03:47:06,999 --> 03:47:09,559
standards which is why the staff has been bringing those

3318
03:47:09,559 --> 03:47:13,559
to you in specific plans or for multifamily.

3319
03:47:13,559 --> 03:47:18,969
And we're continuing to pursue those to keep some community

3320
03:47:18,969 --> 03:47:20,969
character.

3321
03:47:28,780 --> 03:47:31,567
>> I have a follow up on that. (inaudible) the conversation

3322
03:47:31,567 --> 03:47:33,734
regarding objective design standards and state laws.

3323
03:47:33,734 --> 03:47:38,950
I do remember as City Manager also mentioned --

3324
03:47:38,950 --> 03:47:42,612
we were always told that if we do have objective design

3325
03:47:42,612 --> 03:47:46,812
standards, that is the only way --

3326
03:47:47,799 --> 03:47:52,599
maintain control of land use and zoning decisions.

3327
03:47:53,183 --> 03:47:57,983
And I'm hearing today that state law --

3328
03:48:01,843 --> 03:48:03,593
(inaudible) I want a clarification on that

3329
03:48:03,593 --> 03:48:06,335
because we're always told -- design standard.

3330
03:48:06,335 --> 03:48:12,335
Yes, you can override the state laws with those basically.

3331
03:48:18,760 --> 03:48:20,159
(inaudible) but I want to have that clarification.

3332
03:48:20,159 --> 03:48:24,390
>> So objective design standards do give us,

3333
03:48:24,390 --> 03:48:27,599
help us set a certain vision for community character.

3334
03:48:27,599 --> 03:48:33,399
We did that for example in the El Camino real specific plan.

3335
03:48:33,399 --> 03:48:37,359
And the objective design standards kind of help

3336
03:48:37,359 --> 03:48:42,840
for example, if you have 100% blank wall, you cannot --

3337
03:48:42,840 --> 03:48:47,132
if you have a street frontage, we don't want 100% blank wall.

3338
03:48:47,132 --> 03:48:49,949
We want a facade that is pedestrian

3339
03:48:49,949 --> 03:48:52,559
friendly, transparent, open and creates

3340
03:48:52,559 --> 03:48:54,325
a dialog with the street.

3341
03:48:54,325 --> 03:48:59,896
And we put down standards such as -- let me explain.

3342
03:48:59,896 --> 03:49:04,265
Like every 25ft there needs to be an opening.

3343
03:49:04,265 --> 03:49:07,359
Or take some kind of articulation.

3344
03:49:07,359 --> 03:49:12,943
When a developer submits a waiver, they can reduce that.

3345
03:49:12,943 --> 03:49:16,339
And again, this is something that we,

3346
03:49:16,339 --> 03:49:21,119
as we're going and working with developers, we have a baseline.

3347
03:49:21,119 --> 03:49:25,639
And that is what they ask us for a waiver for

3348
03:49:25,639 --> 03:49:27,559
or a concession for.

3349
03:49:27,559 --> 03:49:31,759
But we are working with the vision

3350
03:49:31,819 --> 03:49:34,559
that the council has adopted.

3351
03:49:34,559 --> 03:49:37,440
And the vision and the input that the community

3352
03:49:37,440 --> 03:49:39,444
has given to us.

3353
03:49:41,119 --> 03:49:45,271
>> My point is the city has a right to strictly adhere

3354
03:49:45,271 --> 03:49:48,799
to objective design standards and not to --.

3355
03:49:48,799 --> 03:49:50,799
Is that correct?

3356
03:49:58,906 --> 03:50:00,864
>> This is a very nuanced conversation and yes,

3357
03:50:00,864 --> 03:50:06,459
we should adopt objective design standards because what will hold

3358
03:50:06,459 --> 03:50:08,415
is objective design standards.

3359
03:50:08,415 --> 03:50:12,305
And that is where we are all going.

3360
03:50:12,305 --> 03:50:14,863
All the cities are going.

3361
03:50:14,863 --> 03:50:19,119
But there can be waivers and there can be concessions.

3362
03:50:19,119 --> 03:50:23,879
Unlike the city attorney said, when a project comes in,

3363
03:50:23,879 --> 03:50:26,279
it's like a negotiating point.

3364
03:50:26,279 --> 03:50:29,364
We talk when we go back and forth

3365
03:50:29,364 --> 03:50:35,702
so we still retain a certain amount of control for the city.

3366
03:50:35,702 --> 03:50:36,994
>> Those will be discretionary.

3367
03:50:36,994 --> 03:50:40,445
If city doesn't want -- >> Council member,

3368
03:50:40,445 --> 03:50:45,239
if you have questions -- reiterate those questions.

3369
03:50:45,239 --> 03:50:50,639
We're not going to go back and forth here.

3370
03:50:53,503 --> 03:50:56,128
>> Vice-Mayor, this is -- it's pertaining to the same question.

3371
03:50:56,128 --> 03:50:59,128
That's why I'm discussing it.

3372
03:50:59,679 --> 03:51:02,919
>> Go ahead and ask your question.

3373
03:51:02,919 --> 03:51:07,367
>> My question is if the design standards --

3374
03:51:07,367 --> 03:51:13,790
is the city's discretion whether to give that or not.

3375
03:51:13,790 --> 03:51:18,365
>> I know my city attorney is coming but there is not

3376
03:51:18,365 --> 03:51:21,965
a discretion to grant these waivers.

3377
03:51:22,255 --> 03:51:27,319
Again, this is called the state density bonus law.

3378
03:51:27,319 --> 03:51:31,519
If they meet the criteria through the 15%

3379
03:51:32,749 --> 03:51:35,149
affordable housing compliance, we

3380
03:51:35,199 --> 03:51:39,399
have to grant those waivers or concessions.

3381
03:51:40,483 --> 03:51:41,775
>> Let me finish this sentence.

3382
03:51:41,775 --> 03:51:44,905
She teed it up for me well.

3383
03:51:44,905 --> 03:51:46,759
We have to grant those waivers.

3384
03:51:46,759 --> 03:51:50,569
If the waiver is necessary, to achieve the density

3385
03:51:50,569 --> 03:51:53,839
allowable under the density bonus law.

3386
03:51:53,839 --> 03:51:57,375
So it's about fitting the project on the site.

3387
03:51:57,375 --> 03:52:02,209
If the developer says hey, look double Dutch with this density

3388
03:52:02,209 --> 03:52:03,724
bonus, this isn't the biggest site,

3389
03:52:03,724 --> 03:52:07,105
I can't really fit the project I want on this site

3390
03:52:07,105 --> 03:52:09,259
unless you waive some of these standards.

3391
03:52:09,259 --> 03:52:12,719
If it's necessary for them to achieve the allowable density

3392
03:52:12,719 --> 03:52:14,989
including the bonus on the site, then we

3393
03:52:14,989 --> 03:52:18,719
have to grant the waiver unless there's public health and safety

3394
03:52:18,719 --> 03:52:19,535
findings.

3395
03:52:19,535 --> 03:52:24,335
You could say well, can't you just redesign

3396
03:52:25,695 --> 03:52:27,871
it come and get rid of a courtyard?

3397
03:52:27,871 --> 03:52:30,759
Those are the court said well, we're

3398
03:52:30,759 --> 03:52:34,376
not allowed to make them get rid of amenities in the process.

3399
03:52:34,376 --> 03:52:35,959
That's why it turns into a negotiation

3400
03:52:35,959 --> 03:52:39,565
because we always push back and they always say yeah well,

3401
03:52:39,565 --> 03:52:42,331
we've got to have this beautiful fountain in the middle.

3402
03:52:42,331 --> 03:52:44,167
It's too high.

3403
03:52:44,167 --> 03:52:47,167
There's a push and pull.

3404
03:52:55,162 --> 03:52:56,745
>> I think we covered Councilmember --

3405
03:52:56,745 --> 03:52:58,370
we also covered your setback reduction.

3406
03:52:58,370 --> 03:53:02,899
For the fire space, we've already covered that question.

3407
03:53:02,899 --> 03:53:05,899
Councilmember Chahal, you also asked

3408
03:53:06,471 --> 03:53:09,903
about the objective design standards for the El Camino

3409
03:53:09,903 --> 03:53:14,259
real specific plan and under the zoning code, do they apply?

3410
03:53:14,259 --> 03:53:17,143
In this case El Camino real specific plan

3411
03:53:17,143 --> 03:53:20,665
was adopted by council in May of 2026.

3412
03:53:20,665 --> 03:53:25,351
This project was deemed complete in April of 2026.

3413
03:53:25,351 --> 03:53:27,751
We cannot retroactively apply.

3414
03:53:30,159 --> 03:53:31,719
>> My question was different.

3415
03:53:31,719 --> 03:53:34,719
My question was we didn't have objective design standards

3416
03:53:34,719 --> 03:53:39,519
approved -- when was that passed in -- ?

3417
03:53:43,790 --> 03:53:45,479
>> Let me take this.

3418
03:53:46,119 --> 03:53:48,220
>> Councilmember, at a high level,

3419
03:53:48,220 --> 03:53:52,189
what I hear you saying is hey, we were told that if we have

3420
03:53:52,189 --> 03:53:55,539
objective design standards, that's a buttress and protection

3421
03:53:55,539 --> 03:53:58,559
for our community and the development community will have

3422
03:53:58,559 --> 03:54:00,732
to meet our objective design standards.

3423
03:54:00,732 --> 03:54:04,947
Not sure when you were told that but let me say at a high level,

3424
03:54:04,947 --> 03:54:08,239
I know that was the case in the past.

3425
03:54:08,239 --> 03:54:10,269
Cities thought that and I remember

3426
03:54:10,269 --> 03:54:14,439
working with council members in a different city on that topic

3427
03:54:14,439 --> 03:54:17,839
and everybody was moving to have objective design standards.

3428
03:54:17,839 --> 03:54:21,179
What has happened is the landscape of laws in California

3429
03:54:21,179 --> 03:54:22,499
has constantly changed.

3430
03:54:22,499 --> 03:54:27,292
So the density bonus law was amended in 2025,

3431
03:54:27,292 --> 03:54:30,892
October 10th 2025, to adjust this point.

3432
03:54:33,327 --> 03:54:38,995
The new changes took effect January 1st 2026 and it allows

3433
03:54:38,995 --> 03:54:43,319
for waivers, even when you have objective design standards.

3434
03:54:43,319 --> 03:54:46,319
And so there's just a constant changing landscape

3435
03:54:46,319 --> 03:54:51,719
that the legislature is doing to essentially provide tools

3436
03:54:52,149 --> 03:54:54,999
so that cities have less and less discretion

3437
03:54:54,999 --> 03:54:57,735
so we will have more housing.

3438
03:54:57,735 --> 03:55:01,345
There are still benefits to having objective design

3439
03:55:01,345 --> 03:55:03,390
standards absolutely.

3440
03:55:03,390 --> 03:55:05,951
We have done them in the El Camino real specific plan

3441
03:55:05,951 --> 03:55:07,871
and we'll keep doing them but we also

3442
03:55:07,871 --> 03:55:10,143
have state law that constrains us.

3443
03:55:10,143 --> 03:55:15,543
We are here with one of those >> Thank you.

3444
03:55:19,300 --> 03:55:21,295
>> Yet the other side of it is we have objective design

3445
03:55:21,295 --> 03:55:25,359
standards because we can no longer impose objective

3446
03:55:25,359 --> 03:55:29,119
subjective cannot be applied to multifamily residential

3447
03:55:29,119 --> 03:55:29,812
developments.

3448
03:55:29,812 --> 03:55:32,212
Things like neighborhood compatibility,

3449
03:55:33,159 --> 03:55:35,159
architectural design, subjectively.

3450
03:55:35,209 --> 03:55:38,232
So we have objective standards because that's

3451
03:55:38,232 --> 03:55:40,549
the only thing we can apply.

3452
03:55:40,549 --> 03:55:45,949
They can request waivers to some of those standards.

3453
03:55:47,279 --> 03:55:51,479
That's why we need the objective standards.

3454
03:55:52,919 --> 03:55:58,319
>> Council member Chahal, you also asked that we adopted

3455
03:55:58,439 --> 03:56:02,639
objective design standards for multifamily as part

3456
03:56:02,655 --> 03:56:05,879
of our zoning code and do they apply.

3457
03:56:05,879 --> 03:56:09,299
So the objective design standards for multifamily

3458
03:56:09,299 --> 03:56:13,729
were in effect in April and there is a provision

3459
03:56:13,729 --> 03:56:16,751
that application submitted prior to the adoption

3460
03:56:16,751 --> 03:56:20,265
are not subjected to those objective design standards

3461
03:56:20,265 --> 03:56:22,119
for multifamily.

3462
03:56:22,119 --> 03:56:25,879
This is separate from the ones that were adopted in the El

3463
03:56:25,879 --> 03:56:28,279
Camino real specific plan.

3464
03:56:29,650 --> 03:56:31,650
>> Thanks.

3465
03:56:31,919 --> 03:56:35,465
And then you asked about the elevations.

3466
03:56:35,465 --> 03:56:38,669
And partial elevations with existing development

3467
03:56:38,669 --> 03:56:41,785
and single family homes on both sides.

3468
03:56:41,785 --> 03:56:46,239
I don't know if we can bring those up.

3469
03:56:46,239 --> 03:56:48,639
I don't have those.

3470
03:56:48,959 --> 03:56:53,159
Let me see if I have them.

3471
03:56:59,599 --> 03:57:05,231
I know I have some images of the actual project site,

3472
03:57:05,231 --> 03:57:07,479
the one on the bottom is the collision center

3473
03:57:07,479 --> 03:57:11,579
where the project or the proposed project will go.

3474
03:57:11,579 --> 03:57:15,607
These are the commercial and the duplex

3475
03:57:15,607 --> 03:57:20,407
and then I have the townhome floor plans.

3476
03:57:24,439 --> 03:57:29,239
I don't have that context, the contextual ones.

3477
03:57:30,559 --> 03:57:35,359
Let me work on council member parks questions.

3478
03:57:36,299 --> 03:57:41,505
You commented that there's no sunlight from south and west.

3479
03:57:41,505 --> 03:57:46,905
A shadow study is not required for this project.

3480
03:57:47,559 --> 03:57:52,199
Council member Park, you also asked about four storeys less

3481
03:57:52,199 --> 03:57:55,865
than 20ft away and that there's windows on every elevation

3482
03:57:55,865 --> 03:57:57,479
and privacy concerns.

3483
03:57:57,479 --> 03:58:01,231
The only thing I would comment is

3484
03:58:01,231 --> 03:58:05,310
that yes, there are windows on all the elevations

3485
03:58:05,310 --> 03:58:11,310
but they are also building code requirements for life safety.

3486
03:58:11,823 --> 03:58:16,623
There's a reason that there's windows on elevations.

3487
03:58:20,959 --> 03:58:23,199
The new asked about the waivers.

3488
03:58:23,199 --> 03:58:24,829
We've covered that question.

3489
03:58:24,829 --> 03:58:29,511
You asked about reducing it from 2700 common the commercial space

3490
03:58:29,511 --> 03:58:31,270
down to 715ft².

3491
03:58:31,270 --> 03:58:33,270
We covered that.

3492
03:58:33,751 --> 03:58:39,751
You made a couple statements and those statements not questions

3493
03:58:40,999 --> 03:58:45,399
-- you also asked about the affordable housing ordinance.

3494
03:58:45,399 --> 03:58:48,999
And if there's affordable housing that

3495
03:58:52,152 --> 03:58:57,552
is provided in the amount required by the ordinance,

3496
03:59:00,239 --> 03:59:03,759
is the state Density Bonus law granted?

3497
03:59:03,759 --> 03:59:08,179
I think we've talked about this a few times.

3498
03:59:08,179 --> 03:59:14,179
Your question is how do we >> I can respond to.

3499
03:59:17,642 --> 03:59:19,225
So all of our density bonus provisions

3500
03:59:19,225 --> 03:59:19,835
are in chapter 18.64 of our code and suffice

3501
03:59:19,835 --> 03:59:22,152
to say there are a lot of tables in this section

3502
03:59:22,152 --> 03:59:24,583
and we have to amend it every couple years

3503
03:59:24,583 --> 03:59:26,299
when state law changes.

3504
03:59:26,299 --> 03:59:28,191
But basically it goes through a formula

3505
03:59:28,191 --> 03:59:30,179
and if you provide this many units

3506
03:59:30,179 --> 03:59:32,209
at this level of affordability, here's

3507
03:59:32,209 --> 03:59:34,427
the percentage density bonus you get

3508
03:59:34,427 --> 03:59:36,219
but more relevant for tonight's discussion,

3509
03:59:36,219 --> 03:59:39,439
it says exactly how many concessions

3510
03:59:39,439 --> 03:59:41,327
slash incentives you get.

3511
03:59:41,327 --> 03:59:42,932
For moderate income housing which

3512
03:59:42,932 --> 03:59:45,379
is what's being provided here, if you provide

3513
03:59:45,379 --> 03:59:47,807
10% of the units at moderate income

3514
03:59:47,807 --> 03:59:49,855
you get one incentive or concession.

3515
03:59:49,855 --> 03:59:54,169
If you provide 20% at moderate you get two incentives.

3516
03:59:54,169 --> 03:59:58,969
So they are providing exactly 15%, actually 14.2 because --

3517
04:00:00,951 --> 04:00:03,439
so they get one concession incentive.

3518
04:00:03,439 --> 04:00:06,229
Remember, something that reduces the cost of the project

3519
04:00:06,229 --> 04:00:08,710
overall and that's what they're using

3520
04:00:08,710 --> 04:00:10,119
for their commercial square footage.

3521
04:00:10,119 --> 04:00:14,649
Waivers are about -- and if they are subject to the bonus law

3522
04:00:14,649 --> 04:00:17,490
they get unlimited waivers.

3523
04:00:23,443 --> 04:00:25,860
>> Council, going back to your question on the elevations,

3524
04:00:25,860 --> 04:00:28,680
Leslie and Xavier our planning manager has brought up

3525
04:00:28,680 --> 04:00:31,680
the elevations on the screen.

3526
04:00:39,167 --> 04:00:42,167
>> I can't see but (inaudible).

3527
04:00:43,744 --> 04:00:45,494
>> They do show the elevations in context,

3528
04:00:45,494 --> 04:00:51,494
one on Civic Center Drive and the other is --.

3529
04:00:58,393 --> 04:01:00,508
>> A 4.5 page I think.

3530
04:01:00,508 --> 04:01:01,800
Thank you.

3531
04:01:01,800 --> 04:01:01,100
>> Yes.

3532
04:01:01,100 --> 04:01:03,930
Council member Park, you asked about the El Camino

3533
04:01:03,930 --> 04:01:06,119
real specific plan and why it was delayed.

3534
04:01:06,119 --> 04:01:11,150
There was an El Camino real specific plan first brought

3535
04:01:11,150 --> 04:01:15,431
to council but the council approved not to adopt it.

3536
04:01:15,431 --> 04:01:19,310
Staff came back after council direction was provided

3537
04:01:19,310 --> 04:01:23,470
to amend the El Camino Real specific plan

3538
04:01:23,470 --> 04:01:26,745
and that also entailed doing environmental review,

3539
04:01:26,745 --> 04:01:30,225
doing public outreach and this was all brought to you

3540
04:01:30,225 --> 04:01:32,239
when we came back in May and we also

3541
04:01:32,239 --> 04:01:35,705
did a study session with council and walked counsel

3542
04:01:35,705 --> 04:01:38,105
through the entire project.

3543
04:01:39,108 --> 04:01:43,279
So was there a specific question on this?

3544
04:01:43,279 --> 04:01:46,832
>> I specifically what were the timelines so we could see what

3545
04:01:46,832 --> 04:01:48,252
the times were.

3546
04:01:48,252 --> 04:01:50,520
When you say we talked about this

3547
04:01:50,520 --> 04:01:52,252
and we had work that needed to be done,

3548
04:01:52,252 --> 04:01:55,419
I don't think that tells the full story.

3549
04:01:55,419 --> 04:02:00,153
I asked other questions as well which is when you say --

3550
04:02:00,153 --> 04:02:04,390
the study is not required, my question was can you tell us

3551
04:02:04,390 --> 04:02:06,732
what the shadows would be if there were a shadow story like

3552
04:02:06,732 --> 04:02:08,579
are my statements correct?

3553
04:02:08,579 --> 04:02:11,549
Is there sunlight during winter?

3554
04:02:11,549 --> 04:02:15,149
Is there sunlight after 1 p.m.?

3555
04:02:15,319 --> 04:02:17,856
At any time of the year?

3556
04:02:17,856 --> 04:02:19,412
When we talked about the windows,

3557
04:02:19,412 --> 04:02:22,575
I understand you said that we've got some safety concerns.

3558
04:02:22,575 --> 04:02:26,790
We don't seem to have any fire safety concerns comment

3559
04:02:26,790 --> 04:02:28,639
meaning at some point you're saying this is a zoning

3560
04:02:28,639 --> 04:02:30,151
requirement that we don't have these

3561
04:02:30,151 --> 04:02:32,230
but there's no fire requirement.

3562
04:02:32,230 --> 04:02:36,379
You said they did -- what is the fire reports?

3563
04:02:36,379 --> 04:02:38,325
Can we hear what the report is?

3564
04:02:38,325 --> 04:02:43,125
All of the El Camino specific plan --

3565
04:02:44,495 --> 04:02:48,119
all the things brought before council seemed to be this much

3566
04:02:48,119 --> 04:02:48,899
too late.

3567
04:02:48,899 --> 04:02:52,920
Like I'd mentioned before and this is a comment,

3568
04:02:52,920 --> 04:02:56,279
but part of my question -- the housing element came before

3569
04:02:56,279 --> 04:02:59,399
Council for approval on the night it needed to be approved

3570
04:02:59,399 --> 04:03:01,190
by the state.

3571
04:03:01,190 --> 04:03:04,990
There was no chance that the housing element would

3572
04:03:04,990 --> 04:03:07,319
have been approved and not getting the housing element

3573
04:03:07,319 --> 04:03:10,990
approved has opened us up for a lot of things

3574
04:03:10,990 --> 04:03:11,919
like builders remedy coming in.

3575
04:03:11,919 --> 04:03:14,415
What I'm hearing and it's disappointing,

3576
04:03:14,415 --> 04:03:17,705
we are always this late for something and now you're telling

3577
04:03:17,705 --> 04:03:21,979
us even if we were in time, the state laws obviate

3578
04:03:21,979 --> 04:03:26,503
our requirements and this is -- can you tell us the timelines

3579
04:03:26,503 --> 04:03:28,191
that were in effect?

3580
04:03:28,191 --> 04:03:32,991
Can you tell the timelines that were --

3581
04:03:33,385 --> 04:03:36,159
for El Camino specific plan?

3582
04:03:36,159 --> 04:03:40,959
I remember these came before council in 2021. (inaudible)

3583
04:03:47,884 --> 04:03:49,983
this is the El Camino real specific plan.

3584
04:03:49,983 --> 04:03:53,333
This is one of the most important streets in our city.

3585
04:03:53,333 --> 04:03:58,235
For us to kind of delay -- four years later,

3586
04:03:58,235 --> 04:04:03,990
to have something like this -- seems out of character

3587
04:04:03,990 --> 04:04:04,791
for something important.

3588
04:04:04,791 --> 04:04:08,639
I want to know what those were.

3589
04:04:08,639 --> 04:04:11,519
>> I know we are dealing with this project today.

3590
04:04:11,519 --> 04:04:13,219
I understand the frustration.

3591
04:04:13,219 --> 04:04:17,599
I wasn't here in 2021 but even so, I can tell you that those

3592
04:04:17,599 --> 04:04:22,399
frustrations -- but as far as this project,

3593
04:04:25,610 --> 04:04:30,410
I think she's addressed the Camino real plan.

3594
04:04:30,759 --> 04:04:35,399
>> For this project, I still want the other questions about

3595
04:04:35,399 --> 04:04:38,807
-- is my thought about shadow correct?

3596
04:04:38,807 --> 04:04:41,650
The privacy -- I understand you're saying we have these

3597
04:04:41,650 --> 04:04:42,150
things.

3598
04:04:42,150 --> 04:04:44,647
Can you detail what those are and contrast them

3599
04:04:44,647 --> 04:04:48,390
with the fire safety concerns that the council members

3600
04:04:48,390 --> 04:04:49,790
have had?

3601
04:04:49,790 --> 04:04:50,191
You state them.

3602
04:04:50,191 --> 04:04:52,999
In some cases you've said we've talked about a lot

3603
04:04:52,999 --> 04:04:56,370
and we don't have to talk about that more.

3604
04:04:56,370 --> 04:04:59,727
That's fine but in those cases, can you reiterate the answer?

3605
04:04:59,727 --> 04:05:01,799
Is it yes or no?

3606
04:05:01,799 --> 04:05:04,607
But simply saying that we've talked about this a lot

3607
04:05:04,607 --> 04:05:07,859
doesn't actually tell the story or give the public the answers

3608
04:05:07,859 --> 04:05:08,959
they're looking for.

3609
04:05:08,959 --> 04:05:12,445
I can see them shaking their heads and nodding

3610
04:05:12,445 --> 04:05:15,221
and at some point we are not trying

3611
04:05:15,221 --> 04:05:17,871
to say we are stating everything in a checklist.

3612
04:05:17,871 --> 04:05:20,991
At some point we're trying to make communications clear

3613
04:05:20,991 --> 04:05:24,619
and if I'm repeating myself it's because communication is not

3614
04:05:24,619 --> 04:05:25,519
clear.

3615
04:05:25,519 --> 04:05:28,191
You may have asked them in the Or answered them in the past

3616
04:05:28,191 --> 04:05:29,899
but if you can distill what the answer is

3617
04:05:29,899 --> 04:05:31,567
that would be better than telling us

3618
04:05:31,567 --> 04:05:33,225
that we've discussed it in the past.

3619
04:05:33,225 --> 04:05:35,225
Thank you.

3620
04:05:36,239 --> 04:05:39,172
>> As far as the shadow study, that wasn't done --

3621
04:05:39,172 --> 04:05:41,752
I don't think I'll ask our director to sit here and tell me

3622
04:05:41,752 --> 04:05:44,147
exactly at 1:00 what the shadow is.

3623
04:05:44,147 --> 04:05:47,639
If you can just address the questions as best you can,

3624
04:05:47,639 --> 04:05:49,452
we'll move forward.

3625
04:05:49,452 --> 04:05:55,452
>> I'm not asking for a shadow study but -- >> (inaudible)

3626
04:06:05,230 --> 04:06:05,242
>> Why don't I take the one about fire and be brief.

3627
04:06:05,242 --> 04:06:06,112
The question was with the proposed setback,

3628
04:06:06,112 --> 04:06:07,983
is there a fire at risk?

3629
04:06:07,983 --> 04:06:12,919
The answer that was provided was fire looked at it

3630
04:06:12,919 --> 04:06:18,919
and has approved it and there is no set required

3631
04:06:19,745 --> 04:06:22,990
setback for fire risk.

3632
04:06:22,990 --> 04:06:27,499
The California Building Code will allow buildings to about

3633
04:06:27,911 --> 04:06:31,991
each other if the construction type is --

3634
04:06:31,991 --> 04:06:32,992
we see it all the time.

3635
04:06:32,992 --> 04:06:34,409
You see buildings above each other

3636
04:06:34,409 --> 04:06:36,459
and there's no precise required setback.

3637
04:06:36,459 --> 04:06:38,265
There's a construction methodology

3638
04:06:38,265 --> 04:06:39,739
that would need to be met depending

3639
04:06:39,739 --> 04:06:41,539
on how close the buildings are.

3640
04:06:41,539 --> 04:06:43,539
It is allowed.

3641
04:06:43,759 --> 04:06:46,985
Your fire department has review this application

3642
04:06:46,985 --> 04:06:48,985
and hasn't objected.

3643
04:07:02,812 --> 04:07:03,312
>> Okay.

3644
04:07:03,312 --> 04:07:03,319
Councilmember Park, are there any remaining questions

3645
04:07:03,319 --> 04:07:04,652
you would like me to respond to?

3646
04:07:04,652 --> 04:07:06,764
>> The ones I just asked.

3647
04:07:06,764 --> 04:07:09,487
I mean are my thoughts correct about shade

3648
04:07:09,487 --> 04:07:11,919
when I'm asking for a shadow study?

3649
04:07:11,919 --> 04:07:16,545
I'm just asking if there's a general -- we've got again,

3650
04:07:16,545 --> 04:07:22,391
for story units, less than 20ft away from two story residential.

3651
04:07:22,391 --> 04:07:27,839
My concern is there -- we're looking for standards from

3652
04:07:27,839 --> 04:07:30,971
objective design which don't seem to matter but we don't have

3653
04:07:30,971 --> 04:07:33,235
standards for fire safety or privacy.

3654
04:07:33,235 --> 04:07:35,119
We talked about fire safety.

3655
04:07:35,119 --> 04:07:38,513
I don't know if there was a study done.

3656
04:07:38,513 --> 04:07:40,501
Is it only on one side?

3657
04:07:40,501 --> 04:07:43,539
As long as one side is built to certain fire

3658
04:07:43,539 --> 04:07:45,505
safety standards and everything's okay?

3659
04:07:45,505 --> 04:07:48,276
What are the privacy concerns?

3660
04:07:48,276 --> 04:07:51,190
What are the concerns that staff considered

3661
04:07:51,190 --> 04:07:52,392
when approving this project?

3662
04:07:52,392 --> 04:07:56,599
I want to know what those aspects of this project.

3663
04:07:56,599 --> 04:07:58,319
Thank you.

3664
04:07:58,319 --> 04:08:00,799
>> As stated, we can only consider those items

3665
04:08:00,799 --> 04:08:03,199
in the development standards.

3666
04:08:03,252 --> 04:08:08,865
A shadow study is not a required part of that standard.

3667
04:08:08,865 --> 04:08:12,967
So I want to make it abundantly clear, that's not required

3668
04:08:12,967 --> 04:08:14,399
and it's not objective.

3669
04:08:14,399 --> 04:08:16,459
So we cannot include it.

3670
04:08:16,459 --> 04:08:21,790
Plus we did do a shadow study if you recall as part of the El

3671
04:08:21,790 --> 04:08:24,809
Camino real specific plan where we looked at certain --

3672
04:08:24,809 --> 04:08:25,767
some of the properties.

3673
04:08:25,767 --> 04:08:27,919
We didn't look at every property.

3674
04:08:27,919 --> 04:08:30,609
We demonstrated how it would apply.

3675
04:08:30,609 --> 04:08:34,209
Councilmember, that was shown in --

3676
04:08:35,895 --> 04:08:39,609
shown in illustrated in diagrams and shown to council,

3677
04:08:39,609 --> 04:08:43,150
both of the study section as well as the final approval

3678
04:08:43,150 --> 04:08:46,543
for the El Camino real specific plan.

3679
04:08:46,543 --> 04:08:49,543
For this specific project, a shadow study

3680
04:08:49,543 --> 04:08:51,387
was not required as stated.

3681
04:08:51,387 --> 04:08:54,725
Is not part of the development standards.

3682
04:08:54,725 --> 04:08:58,890
We can ask if the developer or the architect

3683
04:08:58,890 --> 04:09:00,489
conducted any shadow studies.

3684
04:09:02,790 --> 04:09:03,632
>> Again, with the privacy studies --

3685
04:09:03,632 --> 04:09:06,999
it's funny to hear you say that shadow studies weren't required

3686
04:09:06,999 --> 04:09:08,659
and they're not objective.

3687
04:09:08,659 --> 04:09:11,119
There's nothing more objective than a shadow

3688
04:09:11,119 --> 04:09:12,207
study at some point.

3689
04:09:12,207 --> 04:09:14,319
If somebody does a shadow study and somebody

3690
04:09:14,319 --> 04:09:16,925
wants to refute that they can refute that.

3691
04:09:16,925 --> 04:09:22,325
But at some point (inaudible) the sun is there

3692
04:09:26,242 --> 04:09:27,325
and the shadows are there.

3693
04:09:27,325 --> 04:09:29,783
Maybe I'll just add Council member Park, our zoning code --

3694
04:09:29,783 --> 04:09:31,849
they don't require shadow studies.

3695
04:09:31,849 --> 04:09:36,199
There is a requirement for them in the planned area which

3696
04:09:36,199 --> 04:09:42,799
requires that if there is public open space nearby in some

3697
04:09:43,190 --> 04:09:44,990
circumstances --

3698
04:09:44,990 --> 04:09:47,647
four storey buildings may need a shadow study.

3699
04:09:47,647 --> 04:09:51,471
But there's no public open space of this project.

3700
04:09:51,471 --> 04:09:54,739
With respect to the privacy concerns,

3701
04:09:54,739 --> 04:09:57,252
these were raised with the developer

3702
04:09:57,252 --> 04:10:00,519
on a number of circumstances including at the development

3703
04:10:00,519 --> 04:10:01,559
review hearing.

3704
04:10:01,559 --> 04:10:04,252
The developer did make certain adjustments

3705
04:10:04,252 --> 04:10:08,452
to the project throughout the application process.

3706
04:10:08,572 --> 04:10:12,831
But declined to make additional changes related to privacy

3707
04:10:12,831 --> 04:10:14,831
and response --.

3708
04:10:15,239 --> 04:10:19,332
So developer can address that more specifically.

3709
04:10:19,332 --> 04:10:23,289
But we've brought that issue up with the developer

3710
04:10:23,289 --> 04:10:26,119
and they are complying with development standards

3711
04:10:26,119 --> 04:10:28,119
that we have.

3712
04:10:29,999 --> 04:10:34,505
>> My questions were along the lines of what is the city doing,

3713
04:10:34,505 --> 04:10:36,285
what kinds of things are we doing.

3714
04:10:36,285 --> 04:10:40,952
Even if not required, what work is the city doing to ensure that

3715
04:10:40,952 --> 04:10:44,839
the public is being protected, that the residents that are

3716
04:10:44,839 --> 04:10:49,439
there are being -- that we are considering them?

3717
04:10:49,439 --> 04:10:52,559
We are not sacrificing existing residents

3718
04:10:52,559 --> 04:10:58,524
because of what the state seems to allow for future development.

3719
04:10:58,524 --> 04:11:02,109
My question is how are we double Dutch we're supposed

3720
04:11:02,109 --> 04:11:03,335
to represent the residents.

3721
04:11:03,335 --> 04:11:06,409
At some point we have a financial fiscal responsibility

3722
04:11:06,409 --> 04:11:10,245
but I think that comes after our responsibility to our residents.

3723
04:11:10,245 --> 04:11:16,379
I want to know how -- how our defense of the residents came

3724
04:11:16,379 --> 04:11:18,379
to this conclusion?

3725
04:11:19,492 --> 04:11:20,711
>> Let me take that.

3726
04:11:20,711 --> 04:11:23,861
Part of the concerns you have raised is privacy.

3727
04:11:23,861 --> 04:11:28,999
I will say at its core, privacy is subjective.

3728
04:11:28,999 --> 04:11:30,879
We've said why we are not allowed

3729
04:11:30,879 --> 04:11:32,585
to have subjective standards.

3730
04:11:32,585 --> 04:11:36,785
An objective standard is building heights, setbacks,

3731
04:11:37,375 --> 04:11:39,775
and we have those.

3732
04:11:40,359 --> 04:11:44,719
When the city developed the El Camino real specific plan,

3733
04:11:44,719 --> 04:11:48,250
privacy -- when those items were talked about --

3734
04:11:48,250 --> 04:11:50,823
I know it was forefront among many issues.

3735
04:11:50,823 --> 04:11:55,150
Again calling to town we have is our objective standards

3736
04:11:55,150 --> 04:11:58,535
that are in part given because of privacy

3737
04:11:58,535 --> 04:12:02,207
can be waived due to state law and the density bonus.

3738
04:12:02,207 --> 04:12:05,871
So I wouldn't say that the city did not consider privacy.

3739
04:12:05,871 --> 04:12:09,695
We do not think about that, we didn't have that as a criteria.

3740
04:12:09,695 --> 04:12:14,230
We just sit here once again with the context of state law

3741
04:12:14,230 --> 04:12:18,305
giving an applicant the ability to waive standards,

3742
04:12:18,305 --> 04:12:22,405
objective standards that the city has put into its long term

3743
04:12:22,405 --> 04:12:24,359
plan.

3744
04:12:24,359 --> 04:12:26,290
>> I want to be clear what I heard.

3745
04:12:26,290 --> 04:12:28,771
I think what you said earlier and I'll check the video later,

3746
04:12:28,771 --> 04:12:31,247
is this privacy can be waived due to state law.

3747
04:12:31,247 --> 04:12:33,279
This is an important point but I want

3748
04:12:33,279 --> 04:12:37,479
to verify that that's what was stated.

3749
04:12:45,877 --> 04:12:48,169
>> Objective standards related to privacy may be waived

3750
04:12:48,169 --> 04:12:48,685
depending on the circumstances.

3751
04:12:48,685 --> 04:12:50,599
Subjective standards related to privacy

3752
04:12:50,599 --> 04:12:52,599
are likely unenforceable.

3753
04:13:04,000 --> 04:13:05,458
>> Do we have a few more questions?

3754
04:13:05,458 --> 04:13:05,464
>> Let me take one look.

3755
04:13:05,464 --> 04:13:07,154
Councilmember Gonzalez?

3756
04:13:07,154 --> 04:13:11,535
Your questions were are there terraces on the third floor

3757
04:13:11,535 --> 04:13:12,709
or the fourth floor?

3758
04:13:12,709 --> 04:13:14,700
I think I've clarified.

3759
04:13:14,700 --> 04:13:16,839
They are on the fourth floor.

3760
04:13:16,839 --> 04:13:21,639
And you asked if there's one commercial requirements.

3761
04:13:21,887 --> 04:13:26,479
We can ask the developer and the architect.

3762
04:13:26,479 --> 04:13:28,479
They're here tonight.

3763
04:13:29,959 --> 04:13:31,519
>> Thank you.

3764
04:13:31,519 --> 04:13:35,659
I think those are the questions the council had of staff.

3765
04:13:35,659 --> 04:13:38,639
Next we're going to hear from the appellant.

3766
04:13:38,639 --> 04:13:41,525
We'll move on to Michael and Cheryl

3767
04:13:41,525 --> 04:13:44,447
Fisher who have up to ten minutes

3768
04:13:44,447 --> 04:13:46,847
and give their presentation.

3769
04:13:48,679 --> 04:13:53,590
The hearing has been open since the beginning.

3770
04:13:53,590 --> 04:13:55,590
Sorry.

3771
04:14:05,802 --> 04:14:06,302
>> Hello?

3772
04:14:06,302 --> 04:14:09,902
>> She's going to speak? >> Good evening.

3773
04:14:12,407 --> 04:14:16,105
Thank you Council members. (inaudible) I'm a senior partner

3774
04:14:16,105 --> 04:14:16,183
who has focused on only environmental land use law

3775
04:14:16,183 --> 04:14:18,663
for the past 26 years and then looking at this and hearing

3776
04:14:18,663 --> 04:14:22,271
about the state density bonus and how much the state has taken

3777
04:14:22,271 --> 04:14:25,439
away at discretion, from the city,

3778
04:14:25,439 --> 04:14:31,367
it's frustrating that not one person has addressed our letter

3779
04:14:31,367 --> 04:14:34,423
from this morning dated August 25th,

3780
04:14:34,423 --> 04:14:37,951
and looking more at these issues.

3781
04:14:37,951 --> 04:14:42,479
The main problem with this project is that the two

3782
04:14:42,479 --> 04:14:47,479
accessory dwelling units which are a mere 520ft² each,

3783
04:14:47,479 --> 04:14:52,799
one bedroom, will not be able to be sold.

3784
04:14:52,799 --> 04:14:56,950
The conditions of approval for the project --

3785
04:14:56,950 --> 04:14:59,319
requiring an affordable housing agreement density bonus

3786
04:14:59,319 --> 04:15:03,299
agreement -- which would establish the affordable sales

3787
04:15:03,299 --> 04:15:08,119
price under condition H three and under the city's own density

3788
04:15:08,119 --> 04:15:13,519
Bonus agreement, provisions and 18.64 of the city code --

3789
04:15:14,759 --> 04:15:19,159
there are provisions requiring that there's a deed restriction

3790
04:15:19,159 --> 04:15:22,725
being recorded and that the initial purchasers be low

3791
04:15:22,725 --> 04:15:23,372
income.

3792
04:15:23,372 --> 04:15:26,991
These are all the requirements in order

3793
04:15:26,991 --> 04:15:30,607
to back into an affordable housing component

3794
04:15:30,607 --> 04:15:33,719
and part of the ability for the developer

3795
04:15:33,719 --> 04:15:37,359
allegedly to be getting all those waivers

3796
04:15:37,359 --> 04:15:40,692
and concessions under the state density bonus law.

3797
04:15:40,692 --> 04:15:44,899
No one has mentioned the separate accessory dwelling

3798
04:15:44,899 --> 04:15:47,868
law which is in chapter 13 of the Planning and Zoning

3799
04:15:47,868 --> 04:15:52,668
which precludes ADUs from being sold or conveyed

3800
04:15:57,284 --> 04:15:59,826
absent an ordinance pursuant to 1033, Government Code section

3801
04:15:59,826 --> 04:16:05,226
66342, that ADUs be allowed to be conveyed as condominium

3802
04:16:10,213 --> 04:16:10,713
units.

3803
04:16:10,713 --> 04:16:10,829
There's a bunch of requirements.

3804
04:16:10,829 --> 04:16:13,279
So the city does not have such an ordinance.

3805
04:16:13,279 --> 04:16:17,175
Those units cannot be conveyed in that manner.

3806
04:16:17,175 --> 04:16:20,799
Also the developer could be a nonprofit

3807
04:16:20,799 --> 04:16:26,799
in order to allow for ADUs to be conveyed separately

3808
04:16:30,770 --> 04:16:31,603
from the main units.

3809
04:16:31,603 --> 04:16:33,103
Again, there's nothing in the record

3810
04:16:33,103 --> 04:16:35,630
that shows they're a nonprofit.

3811
04:16:35,630 --> 04:16:37,455
The initial appeal letter was focused mainly

3812
04:16:37,455 --> 04:16:40,679
on a scanty record and lack of evidence

3813
04:16:40,679 --> 04:16:43,715
that was before the administrative decision making

3814
04:16:43,715 --> 04:16:44,215
body.

3815
04:16:44,215 --> 04:16:47,972
And looking at this further, and as your city manager noted,

3816
04:16:47,972 --> 04:16:52,612
this is an ever evolving, constantly changing landscape.

3817
04:16:52,612 --> 04:16:54,612
Basically it's unenforceable.

3818
04:16:57,209 --> 04:17:03,568
HCD has also recommended against the use of deed restricted ADUs

3819
04:17:03,568 --> 04:17:05,360
to qualify for the state Density Bonus law,

3820
04:17:05,360 --> 04:17:08,951
if the proposed primary units as here are for sale,

3821
04:17:08,951 --> 04:17:13,899
and the deed restricted ADUs would be only for rent.

3822
04:17:13,899 --> 04:17:17,199
Unless there's a robust, adequately funded monitoring

3823
04:17:17,199 --> 04:17:19,390
program put into place.

3824
04:17:19,390 --> 04:17:22,719
Because otherwise we can't track who actually is

3825
04:17:22,719 --> 04:17:25,299
occupying these units for rent.

3826
04:17:25,299 --> 04:17:29,932
And the city lacks such well-funded monitoring programs.

3827
04:17:29,932 --> 04:17:33,412
The council, reviewing this de Novo,

3828
04:17:33,412 --> 04:17:38,452
has a discretion to deny the project and grant the appeal,

3829
04:17:38,452 --> 04:17:41,375
send it back to staff, send it back to the developer

3830
04:17:41,375 --> 04:17:43,879
and make them look at a smaller project

3831
04:17:43,879 --> 04:17:47,783
and maybe make them do actual affordable units that

3832
04:17:47,783 --> 04:17:51,300
are of average bedroom size which is also required

3833
04:17:51,300 --> 04:17:54,874
by the city code, and which are dispersed throughout the project

3834
04:17:54,874 --> 04:17:55,879
site.

3835
04:17:55,879 --> 04:18:00,191
The site is so oddly shaped and maybe that's

3836
04:18:00,191 --> 04:18:02,239
why they've taken the approach they have

3837
04:18:02,239 --> 04:18:04,612
to try to squeeze as much in.

3838
04:18:04,612 --> 04:18:07,479
But the council is not required to approve this.

3839
04:18:07,479 --> 04:18:10,271
Unless you have questions for me,

3840
04:18:10,271 --> 04:18:14,192
I'd request that the Council grant the appeal or hand

3841
04:18:14,192 --> 04:18:15,999
the project to staff and the developer

3842
04:18:15,999 --> 04:18:23,199
and I will cede the rest of my time to my client.

3843
04:18:28,143 --> 04:18:30,518
>> I shouldn't have to use my ten minutes correcting city

3844
04:18:30,518 --> 04:18:30,525
errors and there's a lot of them.

3845
04:18:30,525 --> 04:18:30,682
First off, this is that neighborhood context

3846
04:18:30,682 --> 04:18:31,559
we're talking about.

3847
04:18:31,559 --> 04:18:35,871
I saw no images of this in the January of 2020 council

3848
04:18:35,871 --> 04:18:38,790
meeting I presented a case that this

3849
04:18:38,790 --> 04:18:42,330
is the most significant nod to the mission of Santa Clara,

3850
04:18:42,330 --> 04:18:43,827
if you look at the lines.

3851
04:18:43,827 --> 04:18:46,905
It's a clear nod to our emblem.

3852
04:18:46,905 --> 04:18:50,619
I shouldn't have to use my time for all this nonsense.

3853
04:18:50,619 --> 04:18:54,259
This should be presented as the context of the neighborhood.

3854
04:18:54,259 --> 04:18:57,520
This is the house and this is the neighborhood,

3855
04:18:57,520 --> 04:18:58,465
the single family homes.

3856
04:18:58,465 --> 04:19:02,136
This is the most significantly impacted and it's not 12ft away.

3857
04:19:02,136 --> 04:19:05,249
It's 5 or 10 or less than ten.

3858
04:19:05,249 --> 04:19:08,639
The attorneys need to be educated.

3859
04:19:08,639 --> 04:19:11,239
My project was not double dashed same zoning.

3860
04:19:11,239 --> 04:19:13,692
My project was not allowed to have commercial.

3861
04:19:13,692 --> 04:19:17,791
Development across the street, not allowed to have commercial.

3862
04:19:17,791 --> 04:19:22,455
So lots of education needs to be recurring here.

3863
04:19:22,455 --> 04:19:27,819
So the Mission estates project, it was previously -- sorry.

3864
04:19:27,819 --> 04:19:34,419
I have a whole speech but I've only got four minutes.

3865
04:19:35,359 --> 04:19:36,776
Let's see.

3866
04:19:36,776 --> 04:19:40,976
So I want to speak to staff.

3867
04:19:41,520 --> 04:19:43,942
There's a lot of staff problems here.

3868
04:19:43,942 --> 04:19:46,634
I don't know if I have time to speak of it.

3869
04:19:46,634 --> 04:19:49,312
The overall problem we want to address

3870
04:19:49,312 --> 04:19:51,119
is modern high density development

3871
04:19:51,119 --> 04:19:53,923
next to existing neighborhood and create a scene.

3872
04:19:53,923 --> 04:19:56,270
That scene needs to be addressed.

3873
04:19:56,270 --> 04:19:57,792
No staff seems to give a damn.

3874
04:19:57,792 --> 04:20:00,292
Attorneys don't seem to give a damn and city manager doesn't

3875
04:20:00,292 --> 04:20:01,768
seem to give a damn.

3876
04:20:01,768 --> 04:20:04,519
There's a problem and it's way bigger than my project.

3877
04:20:04,519 --> 04:20:05,679
Goodness.

3878
04:20:05,679 --> 04:20:10,145
This is all over the city, not just me.

3879
04:20:10,145 --> 04:20:14,545
So my project was based on the concept

3880
04:20:14,545 --> 04:20:17,519
of a eligibility equals listed.

3881
04:20:17,519 --> 04:20:21,399
That means historical resource, if it's eligible,

3882
04:20:21,399 --> 04:20:24,687
it's the same legal standing as listed.

3883
04:20:24,687 --> 04:20:26,687
Fast forward today.

3884
04:20:26,832 --> 04:20:28,415
The whole development in the standards

3885
04:20:28,415 --> 04:20:31,927
are in concrete and stucco and tile.

3886
04:20:31,927 --> 04:20:35,719
I was originally proposing to build an eight unit three story

3887
04:20:35,719 --> 04:20:39,960
townhome in city staff said heck no.

3888
04:20:39,960 --> 04:20:43,139
I eventually got a four unit development based on this

3889
04:20:43,139 --> 04:20:46,399
concept, this legal determination from city staff

3890
04:20:46,399 --> 04:20:49,999
that listed -- eligible equals listed.

3891
04:20:50,692 --> 04:20:56,699
It's my house which is eligible to be historically listed is --

3892
04:20:56,699 --> 04:21:00,951
the same legal standing as an actual listed resource.

3893
04:21:00,951 --> 04:21:03,769
My house is clearly a resource.

3894
04:21:03,769 --> 04:21:06,159
Nobody's talked about it and it's a resource,

3895
04:21:06,159 --> 04:21:09,639
and whether it's eligible or listed is a discrepancy here.

3896
04:21:09,639 --> 04:21:13,191
It was beaten into me so many times

3897
04:21:13,191 --> 04:21:15,669
in these meetings with my planner,

3898
04:21:15,669 --> 04:21:19,384
whom apparently lied to me and was inept,

3899
04:21:19,384 --> 04:21:22,972
but this case, this eligibility equals listed.

3900
04:21:22,972 --> 04:21:26,372
So much so that we were just bled dry.

3901
04:21:26,372 --> 04:21:31,759
We spent over a quarter million dollars in $2,017 or whatever

3902
04:21:31,759 --> 04:21:36,269
approving each of these units just nothing to do with private

3903
04:21:36,269 --> 04:21:36,769
property.

3904
04:21:36,769 --> 04:21:39,639
This was city satisfaction dollars.

3905
04:21:39,639 --> 04:21:46,239
And finally, at the end of our process we had --

3906
04:21:46,513 --> 04:21:52,513
after a much longer process than these folks are enduring,

3907
04:21:54,139 --> 04:21:59,763
at the end we had our approval set up for a meeting at the PCC

3908
04:21:59,763 --> 04:22:00,519
meeting.

3909
04:22:00,519 --> 04:22:02,243
We were due for staff approval.

3910
04:22:02,243 --> 04:22:06,879
Far more effort than these folks have put into it.

3911
04:22:06,879 --> 04:22:10,719
My planner comes to me in the hallway and says hey Michael,

3912
04:22:10,719 --> 04:22:12,159
I need to --

3913
04:22:12,159 --> 04:22:16,700
we need to postpone periods over two years of involvement

3914
04:22:16,700 --> 04:22:17,399
and lots of dollars.

3915
04:22:17,399 --> 04:22:20,663
We need to give another developer this slot.

3916
04:22:20,663 --> 04:22:23,440
I didn't come to learn until later

3917
04:22:23,440 --> 04:22:26,519
that this was to make me the first Guinea

3918
04:22:26,519 --> 04:22:29,149
pig under the premise that eligible

3919
04:22:29,149 --> 04:22:32,355
equals listed and eligible resource has

3920
04:22:32,355 --> 04:22:34,719
the same legal standing as a listed resource.

3921
04:22:34,719 --> 04:22:39,129
They called my project complicated and then they made

3922
04:22:39,129 --> 04:22:42,952
us the first Guinea pigs of the $50,000 parking fee.

3923
04:22:42,952 --> 04:22:46,479
It was a simple and non-controversial project

3924
04:22:46,479 --> 04:22:49,767
and we agreed to everything the city said.

3925
04:22:49,767 --> 04:22:53,899
So this erroneous legal counsel to the city --

3926
04:22:53,899 --> 04:22:56,690
furthermore, we scheduled and paid

3927
04:22:56,690 --> 04:23:00,250
for a fee to register our house as a historical resource.

3928
04:23:00,250 --> 04:23:03,387
But because the city staff was so rude and beat this

3929
04:23:03,387 --> 04:23:07,983
in and took so much money and time from us, we decided well,

3930
04:23:07,983 --> 04:23:10,892
since historical eligible resource --

3931
04:23:10,892 --> 04:23:15,140
which my house is a resource -- it's exactly the same legal

3932
04:23:15,140 --> 04:23:19,745
standing as a listed resource, why bother with the fee and with

3933
04:23:19,745 --> 04:23:20,512
the listing?

3934
04:23:20,512 --> 04:23:23,912
We would love to list our house.

3935
04:23:23,912 --> 04:23:25,462
This is nuts.

3936
04:23:25,462 --> 04:23:27,247
Staff needs to be educated.

3937
04:23:27,247 --> 04:23:31,649
I got 47 seconds left and it's like two hours and 50 people

3938
04:23:31,649 --> 04:23:34,859
against ten minutes and double Dutch a few people.

3939
04:23:34,859 --> 04:23:36,599
It's ridiculous.

3940
04:23:36,599 --> 04:23:40,799
Furthermore, I've dedicated my life to this.

3941
04:23:42,278 --> 04:23:44,225
Originally we're going to tear down a house

3942
04:23:44,225 --> 04:23:46,639
and build three story townhomes.

3943
04:23:46,639 --> 04:23:49,739
We were restricted and not allowed commercial and over two

3944
04:23:49,739 --> 04:23:50,279
story.

3945
04:23:50,279 --> 04:23:53,225
The development across the street was also restricted

3946
04:23:53,225 --> 04:23:57,387
double dashed eligible historic resource which is --

3947
04:23:57,387 --> 04:24:01,587
I don't know if you've seen it.

3948
04:24:02,879 --> 04:24:08,879
Lots more to say but you should fund my 152 --

3949
04:24:09,105 --> 04:24:12,999
June 17th approval date for this project and the June 18th

3950
04:24:12,999 --> 04:24:15,399
specific plan was approved.

3951
04:24:15,431 --> 04:24:17,831
I smell a rat.

3952
04:24:27,469 --> 04:24:28,110
>> Thank you.

3953
04:24:28,110 --> 04:24:28,160
Any questions for the appellant?

3954
04:24:28,160 --> 04:24:29,839
Council?

3955
04:24:29,839 --> 04:24:33,439
I don't see any hands up.

3956
04:24:39,559 --> 04:24:43,964
So with that we are going to -- we will move

3957
04:24:43,964 --> 04:24:45,829
on to the applicant.

3958
04:24:45,829 --> 04:24:49,429
The applicant will have ten minutes.

3959
04:24:49,543 --> 04:24:52,543
Mr. Damien Ospino, Ospino enterprises.

3960
04:24:54,159 --> 04:24:57,759
We'll get that presentation here together.

3961
04:24:58,332 --> 04:24:59,953
>> A good evening.

3962
04:24:59,953 --> 04:25:01,159
Damien Spino.

3963
04:25:01,159 --> 04:25:02,759
Family business.

3964
04:25:02,759 --> 04:25:07,559
My mother and father brought this property in 1972

3965
04:25:07,679 --> 04:25:13,790
and operated it as a machine shop for 30 years.

3966
04:25:13,834 --> 04:25:18,169
Father's dream was someday it will develop the property.

3967
04:25:18,169 --> 04:25:23,810
While this coming Friday we had a memorial for our father.

3968
04:25:23,810 --> 04:25:26,681
We lost him a year ago.

3969
04:25:26,759 --> 04:25:29,279
My family says we're through.

3970
04:25:29,279 --> 04:25:32,279
We're going to develop it.

3971
04:25:32,519 --> 04:25:39,119
This is my 60th year working real estate with my family.

3972
04:25:39,919 --> 04:25:44,719
So I appreciate what you do for me.

3973
04:25:45,799 --> 04:25:49,185
My name is Kurt and I'm a principle

3974
04:25:49,185 --> 04:25:50,351
of Anderson Architects.

3975
04:25:50,351 --> 04:25:58,151
Can you pull my -- we started this project in 2024 and we said

3976
04:25:58,639 --> 04:26:01,999
double Dutch if you could pull it double Dutch you can see

3977
04:26:01,999 --> 04:26:03,999
right here --

3978
04:26:11,304 --> 04:26:12,554
(inaudible) February 1st 2024.

3979
04:26:12,554 --> 04:26:12,560
We did the initial pre op.

3980
04:26:12,560 --> 04:26:14,871
And then we did the formal submittal in October 2024.

3981
04:26:14,871 --> 04:26:17,519
We had seven revisions we went through.

3982
04:26:17,519 --> 04:26:19,759
Staff held our feet to the grindstone.

3983
04:26:19,759 --> 04:26:23,532
Part of that commercial space -- that's what we agreed

3984
04:26:23,532 --> 04:26:26,710
to on a concession and that commercial space is strictly

3985
04:26:26,710 --> 04:26:29,961
for -- available to the community and for the --

3986
04:26:29,961 --> 04:26:31,324
and that's all.

3987
04:26:31,324 --> 04:26:34,192
So that whole negotiation with staff.

3988
04:26:34,192 --> 04:26:36,279
They did a great job.

3989
04:26:36,279 --> 04:26:41,519
Our team talked about -- they really worked with us to get

3990
04:26:41,519 --> 04:26:42,719
where we're at.

3991
04:26:42,719 --> 04:26:46,919
So then you see -- it was 929.

3992
04:26:53,529 --> 04:26:56,290
(inaudible) the appellant was at our community meeting at --

3993
04:26:56,290 --> 04:26:59,719
we didn't hear from them until the date -- they had issues.

3994
04:26:59,719 --> 04:27:01,639
The day of the direct hearing they came

3995
04:27:01,639 --> 04:27:04,247
and they read a letter by their attorney.

3996
04:27:04,247 --> 04:27:08,119
We didn't have a chance to respond to either comment.

3997
04:27:08,119 --> 04:27:10,229
So let me talk about a couple things.

3998
04:27:10,229 --> 04:27:11,619
We talk about commercial.

3999
04:27:11,619 --> 04:27:16,124
We work with Fire and they reviewed it and these units will

4000
04:27:16,124 --> 04:27:19,805
be a tight, three A building that will be --

4001
04:27:19,805 --> 04:27:23,751
we've agreed to increase fire activity units to make the fire

4002
04:27:23,751 --> 04:27:24,855
department happy.

4003
04:27:24,855 --> 04:27:29,153
As 80 years are actually part of the condo above.

4004
04:27:29,153 --> 04:27:31,392
Is basically a three story unit.

4005
04:27:31,392 --> 04:27:35,172
The Adu is part of that and they'll be sold as a stack.

4006
04:27:35,172 --> 04:27:38,599
Those condoms will have them as part of it.

4007
04:27:38,599 --> 04:27:42,577
The ducks are at the fourth level.

4008
04:27:42,577 --> 04:27:47,977
(inaudible) can you go to the next slide please?

4009
04:27:50,791 --> 04:27:51,458
Next one please.

4010
04:27:51,458 --> 04:27:54,119
You can see the building steps down

4011
04:27:54,119 --> 04:27:57,765
on the outer edges to the east and to the west.

4012
04:27:57,765 --> 04:28:00,943
The building is only three stories, not four.

4013
04:28:00,943 --> 04:28:03,735
The four stories on the Civic Center side.

4014
04:28:03,735 --> 04:28:06,735
We talk about terrace fees.

4015
04:28:07,379 --> 04:28:12,779
We talked about the fire review and the ADU.

4016
04:28:16,850 --> 04:28:18,582
We work very closely with staff.

4017
04:28:18,582 --> 04:28:20,249
A lot of revisions to get to this point.

4018
04:28:20,249 --> 04:28:23,959
Now we'll turn it over to our attorney.

4019
04:28:23,959 --> 04:28:25,790
>> How are you?

4020
04:28:25,790 --> 04:28:28,310
Good evening mayor mayor vice mayor and Council member.

4021
04:28:28,310 --> 04:28:29,212
Thank you for your time.

4022
04:28:29,212 --> 04:28:32,341
I don't want to belabor and tell you all the bad news

4023
04:28:32,341 --> 04:28:34,279
of laws at play here.

4024
04:28:34,279 --> 04:28:36,399
I submitted a letter earlier today

4025
04:28:36,399 --> 04:28:38,419
that plays out the state laws at play

4026
04:28:38,419 --> 04:28:40,839
and that protect my client's project.

4027
04:28:40,839 --> 04:28:45,544
In response to the attorney for the appellate that

4028
04:28:45,544 --> 04:28:50,344
spoke before, I do want to make clear,

4029
04:28:50,389 --> 04:28:55,789
the affordable units will not be the ADUs proposed.

4030
04:28:59,778 --> 04:29:02,700
My understanding is one of the affordable units offered

4031
04:29:02,700 --> 04:29:02,760
for sale separately is a townhome

4032
04:29:02,760 --> 04:29:05,320
and the other will be one of the condominium units.

4033
04:29:05,320 --> 04:29:07,919
Those will be distributed throughout the development

4034
04:29:07,919 --> 04:29:12,119
and will be offered for sale. (inaudible)

4035
04:29:18,621 --> 04:29:21,790
will be comparable to the market rate units in the project.

4036
04:29:21,790 --> 04:29:27,605
So they will be sold as part of the condominium units and state

4037
04:29:27,605 --> 04:29:31,470
housing law and -- state Adu law is clear.

4038
04:29:31,470 --> 04:29:32,841
You can't use the presence of ADUs

4039
04:29:32,841 --> 04:29:36,979
being sold with primary units as a basis to disapprove of project

4040
04:29:36,979 --> 04:29:40,579
or find it inconsistent with zoning.

4041
04:29:41,999 --> 04:29:45,790
I work on housing development projects throughout the state

4042
04:29:45,790 --> 04:29:48,945
and I've worked on dozens if not hundreds at this point.

4043
04:29:48,945 --> 04:29:51,727
In every jurisdiction I go into, I

4044
04:29:51,727 --> 04:29:53,972
hear similar concerns and concerns

4045
04:29:53,972 --> 04:29:55,589
about neighborhood character.

4046
04:29:55,589 --> 04:29:57,359
I hear concerns from neighbors that

4047
04:29:57,359 --> 04:30:00,334
would prefer different heights come on different articulation

4048
04:30:00,334 --> 04:30:01,223
and colors.

4049
04:30:01,223 --> 04:30:04,419
And the type of subjective concerns

4050
04:30:04,419 --> 04:30:08,623
that were enforceable to us for decades upon decades.

4051
04:30:08,623 --> 04:30:12,790
Really up until the last seven years.

4052
04:30:12,790 --> 04:30:15,729
Unfortunately comet while I understand how passionate people

4053
04:30:15,729 --> 04:30:19,111
are, people are passionate about their neighbors and the way

4054
04:30:19,111 --> 04:30:21,679
their views look from the backyards --

4055
04:30:21,679 --> 04:30:25,265
the state has recognized that we have a severe illness and that

4056
04:30:25,265 --> 04:30:28,159
illness is a severe housing supply shortage.

4057
04:30:28,159 --> 04:30:31,759
That shortage is worse in California

4058
04:30:32,700 --> 04:30:34,425
than most states in the Union and worse

4059
04:30:34,425 --> 04:30:38,545
in Santa Clara than most counties in the state.

4060
04:30:38,545 --> 04:30:43,439
The HHA and density bonus law have been described by various

4061
04:30:43,439 --> 04:30:48,609
courts as strong medicine, which for you unfortunately means that

4062
04:30:48,609 --> 04:30:53,559
where our project complies with the applicable objective general

4063
04:30:53,559 --> 04:30:57,599
plan zoning, subdivision design standards adopted and in effect

4064
04:30:57,599 --> 04:31:01,225
at the time -- housing Development project application

4065
04:31:01,225 --> 04:31:02,759
is deemed complete.

4066
04:31:02,759 --> 04:31:08,159
You cannot disapprove that project unless very rare health

4067
04:31:08,438 --> 04:31:11,591
and safety findings which have to be based on objective

4068
04:31:11,591 --> 04:31:14,694
and adopted health and safety standards can be found.

4069
04:31:14,694 --> 04:31:17,847
Those findings can be made here.

4070
04:31:17,847 --> 04:31:20,429
Also the density bonus law comes into play

4071
04:31:20,429 --> 04:31:22,679
because there's such a shortage of affordable housing.

4072
04:31:22,679 --> 04:31:25,819
My client's project benefits from significant protection

4073
04:31:25,819 --> 04:31:31,819
of the Density Bonus law which staff did every single

4074
04:31:37,132 --> 04:31:40,132
(inaudible) aspect of that law.

4075
04:31:40,134 --> 04:31:41,551
I just say the project is entitled

4076
04:31:41,551 --> 04:31:41,556
to unlimited number of waivers.

4077
04:31:41,556 --> 04:31:43,139
I've worked on multiple projects where

4078
04:31:43,139 --> 04:31:47,215
62 100 waivers are requested in those projects and are approved.

4079
04:31:47,215 --> 04:31:52,285
In my experience, I will say this design does a pretty darn

4080
04:31:52,285 --> 04:31:54,839
good job comparably with complying

4081
04:31:54,839 --> 04:31:57,919
with the objective standards that you have

4082
04:31:57,919 --> 04:32:01,715
or that weren't effects when that application was deemed

4083
04:32:01,715 --> 04:32:02,422
complete.

4084
04:32:02,422 --> 04:32:06,183
The only finding you can make to disapprove a waiver,

4085
04:32:06,183 --> 04:32:10,359
which can be requested for any development standard that would

4086
04:32:10,359 --> 04:32:14,118
physically preclude the development as designed --

4087
04:32:14,118 --> 04:32:15,929
developer does get to choose their design

4088
04:32:15,929 --> 04:32:17,879
and their configuration and unfortunately,

4089
04:32:17,879 --> 04:32:21,469
if we request a waiver to allow for that configuration

4090
04:32:21,469 --> 04:32:25,287
and design, the courts have constrained cities significantly

4091
04:32:25,287 --> 04:32:29,559
and I can assure you that no findings are available here

4092
04:32:29,559 --> 04:32:32,847
to disapprove the waivers we've requested, the limited

4093
04:32:32,847 --> 04:32:34,359
number of waivers.

4094
04:32:34,359 --> 04:32:36,570
We talked about concessions and I

4095
04:32:36,570 --> 04:32:38,379
can assure you that the concessions requested

4096
04:32:38,379 --> 04:32:41,111
by my client would result in actual cost reductions

4097
04:32:41,111 --> 04:32:47,111
and would not result in health and safety impacts. (inaudible)

4098
04:32:49,926 --> 04:32:53,526
we we've requested waivers and concessions

4099
04:32:53,927 --> 04:32:56,219
to completely eliminate commercial footage requirements

4100
04:32:56,219 --> 04:32:57,543
on the ground floor.

4101
04:32:57,543 --> 04:33:00,239
The that this project is providing

4102
04:33:00,239 --> 04:33:05,535
a viable commercial space I think sets it apart from others.

4103
04:33:05,535 --> 04:33:10,425
I'm trying to think what else I want to address here.

4104
04:33:10,425 --> 04:33:14,399
>> There's two points I wanted to make.

4105
04:33:14,399 --> 04:33:17,132
We keep talking about El Camino Real.

4106
04:33:17,132 --> 04:33:20,855
If we were under El Camino specific plan,

4107
04:33:20,855 --> 04:33:23,432
you would use double density stacking.

4108
04:33:23,432 --> 04:33:28,855
I can put 42 units on this site and I can go 70ft tall,

4109
04:33:28,855 --> 04:33:31,855
four stories plus a 35 --

4110
04:33:32,489 --> 04:33:34,889
I can put 44 units.

4111
04:33:35,539 --> 04:33:41,719
If we chose to go under SB 79 which is just adopted July 21st,

4112
04:33:41,719 --> 04:33:45,275
that density would be 100 dwelling units.

4113
04:33:45,275 --> 04:33:50,239
That means I can put 61 units on this site and double the state

4114
04:33:50,239 --> 04:33:53,239
density double stacking, 122 units --

4115
04:33:54,145 --> 04:33:55,519
100ft tall.

4116
04:33:55,519 --> 04:33:59,839
This is under the density that would be allowed under the El

4117
04:33:59,839 --> 04:34:01,639
Camino real specifically.

4118
04:34:01,639 --> 04:34:03,100
I want to share that.

4119
04:34:03,100 --> 04:34:04,767
That's important to know because we keep

4120
04:34:04,767 --> 04:34:07,767
talking about El Camino Real.

4121
04:34:09,790 --> 04:34:12,569
>> I'll conclude I understand appellant is frustrated.

4122
04:34:12,569 --> 04:34:17,520
He proposed a project when the world was different in 20 17.

4123
04:34:17,520 --> 04:34:20,999
The critical factor there is that was before 2019

4124
04:34:20,999 --> 04:34:24,639
where the crescendo of housing laws began to pass.

4125
04:34:24,639 --> 04:34:26,458
We're in a different world.

4126
04:34:26,458 --> 04:34:30,879
For secret purposes all we're concerned with are actual listed

4127
04:34:30,879 --> 04:34:32,879
historical buildings .

4128
04:34:37,700 --> 04:34:41,300
We appreciate your time and appreciate

4129
04:34:41,892 --> 04:34:44,170
staff's hard It's a difficult place for staff to be

4130
04:34:44,170 --> 04:34:44,200
in right now.

4131
04:34:44,200 --> 04:34:45,202
But state law is what it is.

4132
04:34:45,202 --> 04:34:48,879
It's enforceable and a CD is enforcing state law

4133
04:34:48,879 --> 04:34:50,905
as are our applicants.

4134
04:34:50,905 --> 04:34:52,719
Thank you.

4135
04:34:52,719 --> 04:34:54,785
>> Any questions for the applicant?

4136
04:34:54,785 --> 04:34:56,785
Council member Jain?

4137
04:35:04,635 --> 04:35:06,927
>> I you'd mentioned that it's viable commercial space,

4138
04:35:06,927 --> 04:35:09,302
then you had said that it would be only a community room.

4139
04:35:09,302 --> 04:35:11,639
I'm trying to understand what that means.

4140
04:35:11,639 --> 04:35:15,118
If it's a community room, will it have a restroom?

4141
04:35:15,118 --> 04:35:18,390
How will it be reserved?

4142
04:35:18,390 --> 04:35:20,632
By members of the public?

4143
04:35:20,632 --> 04:35:25,432
And then if it's a viable commercial space,

4144
04:35:25,958 --> 04:35:29,558
will it have straps and vents?

4145
04:35:30,719 --> 04:35:33,119
Grease traps and vents?

4146
04:35:33,812 --> 04:35:36,212
>> Any other council members?

4147
04:35:36,412 --> 04:35:37,628
>> Good questions.

4148
04:35:37,628 --> 04:35:40,479
What we've agreed with staff is that it

4149
04:35:40,479 --> 04:35:44,199
would be a community meeting room available by appointment.

4150
04:35:44,199 --> 04:35:47,790
It would be fully furnished.

4151
04:35:47,790 --> 04:35:50,399
Is a restroom in the space.

4152
04:35:50,399 --> 04:35:54,278
That's available by rental through the HOA.

4153
04:35:54,278 --> 04:35:57,598
It's also where the HOA has their monthly meetings

4154
04:35:57,598 --> 04:35:58,535
or quarterly meetings.

4155
04:35:58,535 --> 04:36:01,294
It is available to give you on a --

4156
04:36:01,294 --> 04:36:06,694
but it's not going to be (inaudible) an office

4157
04:36:12,163 --> 04:36:12,788
for a business.

4158
04:36:12,788 --> 04:36:12,796
It won't be a restaurant in those things.

4159
04:36:12,796 --> 04:36:14,390
Part of that was -- we worked with staff was part was

4160
04:36:14,390 --> 04:36:16,607
the trash collection and everything else.

4161
04:36:16,607 --> 04:36:21,520
That was important to determine how much trash bins that we'll

4162
04:36:21,520 --> 04:36:23,118
have to supply for that space.

4163
04:36:23,118 --> 04:36:29,118
It's going to be limited to a limited use. (inaudible)

4164
04:36:35,473 --> 04:36:38,473
then for the HOA itself.

4165
04:36:41,418 --> 04:36:43,835
>> Number of meetings per month -- one month, two a month,

4166
04:36:43,835 --> 04:36:43,846
three a month -- >> We'd be happy to limit that.

4167
04:36:43,846 --> 04:36:44,951
Once a month or whatever.

4168
04:36:44,951 --> 04:36:49,751
It's not going to be every day obviously.

4169
04:36:51,502 --> 04:36:55,702
(inaudible) But whatever is it reasonable --

4170
04:37:04,581 --> 04:37:05,581
>> Can I propose number?

4171
04:37:05,581 --> 04:37:05,583
>> Yeah.

4172
04:37:05,583 --> 04:37:05,588
>> Three a month?

4173
04:37:05,588 --> 04:37:07,213
>> That's what I was thinking but sure.

4174
04:37:07,213 --> 04:37:08,606
That's fine.

4175
04:37:08,606 --> 04:37:10,465
Okay?

4176
04:37:10,465 --> 04:37:11,773
>> Will there be --

4177
04:37:11,773 --> 04:37:14,520
I know you said there's a restroom in there.

4178
04:37:14,520 --> 04:37:17,919
If it were to be converted to a coffee shop,

4179
04:37:17,919 --> 04:37:20,983
does it have grease traps or vents?

4180
04:37:20,983 --> 04:37:22,983
>> We don't have the infrastructure for any type

4181
04:37:22,983 --> 04:37:27,175
of restaurant and it's not a viable location for that.

4182
04:37:27,175 --> 04:37:29,438
You have a narrow street --

4183
04:37:29,438 --> 04:37:33,280
I'm in my 50th year doing architecture.

4184
04:37:33,280 --> 04:37:35,572
It's a crappy place for a commercial facility

4185
04:37:35,572 --> 04:37:37,811
or for a type of retail.

4186
04:37:37,811 --> 04:37:41,411
It wouldn't make sense or last.

4187
04:37:42,719 --> 04:37:43,781
>> Thank you.

4188
04:37:43,781 --> 04:37:47,255
I don't see any other council members questions so thank you.

4189
04:37:47,255 --> 04:37:49,599
We'll go to the public at this time.

4190
04:37:49,599 --> 04:37:53,433
We'll do public testimony and each member of public

4191
04:37:53,433 --> 04:37:55,672
will have two minutes to speak.

4192
04:37:55,672 --> 04:37:57,705
I see a hand up.

4193
04:37:57,705 --> 04:38:00,772
Is there anybody here from the public that wants to speak

4194
04:38:00,772 --> 04:38:04,972
or address -- >> We have cards. (inaudible)

4195
04:38:13,815 --> 04:38:15,315
>> Thank you for taking my question.

4196
04:38:15,315 --> 04:38:15,322
So council members I have two minutes.

4197
04:38:15,322 --> 04:38:17,280
I'm actually the one right next to the building

4198
04:38:17,280 --> 04:38:21,480
which is blocking all the windows. (inaudible)

4199
04:38:25,396 --> 04:38:28,690
they are the two story single family homes.

4200
04:38:28,690 --> 04:38:28,770
I'm pretty frustrated listening to this whole conversation.

4201
04:38:28,770 --> 04:38:29,639
I understand the developers have their laws in the city approves

4202
04:38:29,639 --> 04:38:31,759
it but it seems like the city never

4203
04:38:31,759 --> 04:38:35,959
consider the residents already live there. (inaudible)

4204
04:38:38,705 --> 04:38:40,705
blocking the windows.

4205
04:38:42,753 --> 04:38:44,450
They're not talking about 20ft.

4206
04:38:44,450 --> 04:38:44,510
They're talking less than three feet.

4207
04:38:44,510 --> 04:38:45,426
We send a letter to city and city

4208
04:38:45,426 --> 04:38:47,559
says the setback could be zero.

4209
04:38:47,559 --> 04:38:49,150
That's in the letter to US.

4210
04:38:49,150 --> 04:38:50,650
Basically they say they can build it

4211
04:38:50,650 --> 04:38:51,915
all the way to the wall.

4212
04:38:51,915 --> 04:38:55,672
So there's no sunlight in all the windows will be blocked.

4213
04:38:55,672 --> 04:39:01,799
And on top of that, the parking -- right now obviously --

4214
04:39:01,799 --> 04:39:05,559
it's fairly limited and people parking illegally next

4215
04:39:05,559 --> 04:39:07,559
to my driveway.

4216
04:39:07,639 --> 04:39:12,439
Now with these additional townhomes and commercial spaces,

4217
04:39:14,679 --> 04:39:19,363
I'm sure not everybody going to park their cars on the parking

4218
04:39:19,363 --> 04:39:21,279
garage every day.

4219
04:39:21,279 --> 04:39:24,279
There's no way to park.

4220
04:39:24,936 --> 04:39:29,463
So all these things -- it's really impacting us.

4221
04:39:29,463 --> 04:39:31,914
One of the neighbors already moved.

4222
04:39:31,914 --> 04:39:35,119
We are thinking are we going to stay here or move somewhere

4223
04:39:35,119 --> 04:39:35,775
else?

4224
04:39:35,775 --> 04:39:40,959
So the city didn't consider any of the existing

4225
04:39:40,959 --> 04:39:42,774
people who live there.

4226
04:39:42,774 --> 04:39:44,399
They couldn't even figure out if that's

4227
04:39:44,399 --> 04:39:45,711
townhome or single family.

4228
04:39:45,711 --> 04:39:48,105
I'm so frustrated on that.

4229
04:39:48,105 --> 04:39:53,519
I know there's city laws and county laws and frankly I

4230
04:39:53,519 --> 04:39:57,415
don't follow all the differences but it seems like all

4231
04:39:57,415 --> 04:40:00,319
the decision making is -- of course the developer has

4232
04:40:00,319 --> 04:40:05,465
their rights but the person who tried to approve this project

4233
04:40:05,465 --> 04:40:08,443
or not really has to consider the people who live there

4234
04:40:08,443 --> 04:40:08,943
overall.

4235
04:40:08,943 --> 04:40:11,943
Thank you for your time.

4236
04:40:12,390 --> 04:40:14,390
>> Thank you.

4237
04:40:25,759 --> 04:40:28,134
>> My name is Jane and I'm next door which is 1530 aviso.

4238
04:40:28,134 --> 04:40:29,510
I'm the owner of that.

4239
04:40:29,510 --> 04:40:31,959
So I have just three questions.

4240
04:40:31,959 --> 04:40:36,263
So what is the cumulative impact for all

4241
04:40:36,263 --> 04:40:39,815
of those waivers together for the residents of that?

4242
04:40:39,815 --> 04:40:43,204
We're in the single family homes,

4243
04:40:43,204 --> 04:40:49,390
so now all of a sudden you're blocking all of our windows.

4244
04:40:49,390 --> 04:40:55,390
We really respectfully request the city and the provider --

4245
04:40:56,927 --> 04:41:00,871
analysis showing the impacts on the adjacent home and then

4246
04:41:00,871 --> 04:41:05,671
privacy analysis -- identify upper storey windows come

4247
04:41:05,839 --> 04:41:10,412
a balcony and other area facing the neighborhood residents

4248
04:41:10,412 --> 04:41:14,799
and also comment like building cross sections and visual

4249
04:41:14,799 --> 04:41:18,239
simulations showing the proposed projects in relation

4250
04:41:18,239 --> 04:41:20,639
to the adjacent homes.

4251
04:41:20,932 --> 04:41:26,932
We also need the exact dimension of the proposed setback.

4252
04:41:27,428 --> 04:41:33,428
And also we need the explanation of whether alternative design

4253
04:41:34,199 --> 04:41:37,199
could achieve the housing objective

4254
04:41:37,991 --> 04:41:42,191
with less impact on this existing neighborhood

4255
04:41:42,599 --> 04:41:43,215
residences.

4256
04:41:43,215 --> 04:41:46,215
Thank you for your consideration.

4257
04:41:58,525 --> 04:42:00,925
>> Thank you Cheryl Fisher.

4258
04:42:04,883 --> 04:42:06,841
>> Thank you for having me and letting me talk.

4259
04:42:06,841 --> 04:42:09,383
Michael is my husband and we built that development for 2017.

4260
04:42:09,383 --> 04:42:11,639
At the request of basically the city.

4261
04:42:11,639 --> 04:42:15,999
They asked us to make two story homes.

4262
04:42:15,999 --> 04:42:18,575
They asked us to have setbacks.

4263
04:42:18,575 --> 04:42:22,190
They asked us to maintain the character.

4264
04:42:22,190 --> 04:42:24,199
They said no, you can't have commercial.

4265
04:42:24,199 --> 04:42:25,672
You have to have setback.

4266
04:42:25,672 --> 04:42:30,429
We had to do several redesigns, even move our whole house back.

4267
04:42:30,429 --> 04:42:32,977
We had to move it back because they

4268
04:42:32,977 --> 04:42:35,479
decided to implement a setback.

4269
04:42:35,479 --> 04:42:39,484
We widened the street and did so much for that.

4270
04:42:39,484 --> 04:42:44,284
So I think you guys have more authority

4271
04:42:44,799 --> 04:42:46,830
than you think you have.

4272
04:42:46,830 --> 04:42:50,574
Do not be bullied by somebody saying oh, the state says this

4273
04:42:50,574 --> 04:42:52,836
and we have no discretion.

4274
04:42:52,836 --> 04:42:54,335
That's not true.

4275
04:42:54,335 --> 04:42:56,279
You do have discretion.

4276
04:42:56,279 --> 04:43:01,790
In this particular case, those particular ADU units

4277
04:43:04,735 --> 04:43:08,339
and all that stuff for affordable housing

4278
04:43:08,339 --> 04:43:09,470
that doesn't fit.

4279
04:43:09,470 --> 04:43:09,500
That's not true.

4280
04:43:09,500 --> 04:43:09,337
The affordable housing units they said they have their

4281
04:43:09,337 --> 04:43:11,367
are not the way they're supposed to be.

4282
04:43:11,367 --> 04:43:18,567
It should be two townhomes, not just one ADU and one townhome.

4283
04:43:25,545 --> 04:43:26,628
You should not be bullied.

4284
04:43:26,628 --> 04:43:26,695
If we have to be the test case to go to court

4285
04:43:26,695 --> 04:43:29,439
and have the state ferret out this issue, we can.

4286
04:43:29,439 --> 04:43:32,879
But it would be an issue where the state sits there and says

4287
04:43:32,879 --> 04:43:35,903
how much control does the local government have

4288
04:43:35,903 --> 04:43:37,711
over its own city?

4289
04:43:37,711 --> 04:43:40,892
El Camino specific plan double Dutch how much control

4290
04:43:40,892 --> 04:43:41,652
do you have?

4291
04:43:41,652 --> 04:43:44,332
All these objective standards -- are you going to sit there

4292
04:43:44,332 --> 04:43:47,732
and spin your wheels forever and get nothing accomplished

4293
04:43:47,732 --> 04:43:51,599
because we're afraid of this state thing that hasn't even

4294
04:43:51,599 --> 04:43:54,122
been tested in the courts yet?

4295
04:43:54,122 --> 04:43:56,112
And maybe it needs to.

4296
04:43:56,112 --> 04:44:01,479
That's what happened with the 80 used to begin with.

4297
04:44:01,479 --> 04:44:02,559
>> Thank you.

4298
04:44:02,559 --> 04:44:06,159
Now we'll go to Catherine Romano.

4299
04:44:07,239 --> 04:44:09,639
Maybe this is Kathleen.

4300
04:44:09,895 --> 04:44:12,990
Can you hear me?

4301
04:44:12,990 --> 04:44:14,939
Thank you for your time and I apologize

4302
04:44:14,939 --> 04:44:17,284
that I'm not there in person.

4303
04:44:17,284 --> 04:44:19,203
I'm a historical landmarks commissioner

4304
04:44:19,203 --> 04:44:21,810
and I would have been there in person

4305
04:44:21,810 --> 04:44:23,815
if I had realized this was coming up today.

4306
04:44:23,815 --> 04:44:29,447
It seems to be confusion around the fact of whether 820 Civic

4307
04:44:29,447 --> 04:44:32,439
Center is historical or not.

4308
04:44:32,439 --> 04:44:37,839
I did a simple Google search and found the minutes from the HLC

4309
04:44:37,839 --> 04:44:42,390
commission from 11/1/2018 where they recognized Civic Center

4310
04:44:50,575 --> 04:44:51,783
Drive as a historic landmark.

4311
04:44:51,783 --> 04:44:54,325
I cannot find any records of this development coming in front

4312
04:44:54,325 --> 04:44:55,639
for approval.

4313
04:44:55,639 --> 04:44:57,895
And I believe I heard the development say

4314
04:44:57,895 --> 04:45:01,345
that only one of the reasons that this could be denied

4315
04:45:01,345 --> 04:45:04,911
was because of a historical property and it's not.

4316
04:45:04,911 --> 04:45:06,695
It is a historical property.

4317
04:45:06,695 --> 04:45:10,972
I'm confused as to why this was missed.

4318
04:45:10,972 --> 04:45:14,407
You can't go strictly off of the HR I pdf

4319
04:45:14,407 --> 04:45:16,399
document on the website.

4320
04:45:16,399 --> 04:45:19,339
That is a stale document and you have to go through the minutes

4321
04:45:19,339 --> 04:45:22,339
and look for supplemental additions.

4322
04:45:22,625 --> 04:45:25,100
I would like to recommend that this

4323
04:45:25,100 --> 04:45:28,896
needs to come in front of HLC first before anything else can

4324
04:45:28,896 --> 04:45:29,572
be decided.

4325
04:45:29,572 --> 04:45:30,247
Thank you.

4326
04:45:30,247 --> 04:45:33,252
I yield the rest of my time.

4327
04:45:33,252 --> 04:45:34,465
>> Thank you.

4328
04:45:34,465 --> 04:45:37,919
Are there any speakers here in the audience?

4329
04:45:37,919 --> 04:45:42,719
And we have no one else online, correct?

4330
04:45:46,199 --> 04:45:47,387
Hold on.

4331
04:45:47,387 --> 04:45:50,939
So now we'll have the applicant rebuttal

4332
04:45:50,939 --> 04:45:53,995
so the applicant will have five minutes.

4333
04:45:53,995 --> 04:45:59,359
Damien and -- has the opportunity to make a rebuttal.

4334
04:45:59,359 --> 04:46:02,959
You have up to five minutes.

4335
04:46:04,959 --> 04:46:06,959
The applicant.

4336
04:46:09,279 --> 04:46:12,950
Did you have any rebuttal statements

4337
04:46:12,950 --> 04:46:15,950
that you want to address.

4338
04:46:20,759 --> 04:46:23,159
You have five minutes.

4339
04:46:23,439 --> 04:46:27,194
>> Yeah just to clarify, my understanding is that 820 is not

4340
04:46:27,194 --> 04:46:29,594
part of this project.

4341
04:46:43,151 --> 04:46:44,943
>> All right.

4342
04:46:44,943 --> 04:46:46,776
>> I don't have any rebuttals at this point.

4343
04:46:46,776 --> 04:46:46,783
Typically I think the appellate would speak

4344
04:46:46,783 --> 04:46:48,866
but I think we've made our discussion pretty clear

4345
04:46:48,866 --> 04:46:51,327
and I've laid out the state laws at play.

4346
04:46:51,327 --> 04:46:54,559
This project would not impact and would not

4347
04:46:54,559 --> 04:46:56,719
demolish any historic structures listed

4348
04:46:56,719 --> 04:47:00,430
in the state or local registry.

4349
04:47:00,430 --> 04:47:04,759
That's not a basis to disapprove the project.

4350
04:47:04,759 --> 04:47:05,859
>> Thank you.

4351
04:47:05,859 --> 04:47:08,665
With that we will go to the appellate Pemex

4352
04:47:08,665 --> 04:47:11,139
so the appellate will have five minutes.

4353
04:47:11,139 --> 04:47:13,539
Michael and Cheryl Fisher.

4354
04:47:15,399 --> 04:47:15,941
>> Thank you.

4355
04:47:15,941 --> 04:47:18,511
I don't know if anyone wants to speak.

4356
04:47:18,511 --> 04:47:22,111
First off, 820 civic is within 150ft.

4357
04:47:23,450 --> 04:47:25,445
So it is relevant.

4358
04:47:27,720 --> 04:47:30,720
The 42 townhomes across the street

4359
04:47:30,790 --> 04:47:34,279
were also brought into that historical requirement.

4360
04:47:34,299 --> 04:47:36,699
As far as --

4361
04:47:37,204 --> 04:47:42,990
I was blown away by -- not I'm okay with state laws.

4362
04:47:42,990 --> 04:47:48,990
I'm blown away by city staff horrible and awful treatment

4363
04:47:48,287 --> 04:47:51,979
of myself and then switching the totally opposite direction

4364
04:47:51,979 --> 04:47:56,845
and horrible awful treatment on the flip side of myself.

4365
04:47:56,845 --> 04:48:00,390
We got both ends in this one.

4366
04:48:00,390 --> 04:48:03,390
So staff's behavior was abhorrent.

4367
04:48:03,559 --> 04:48:05,390
In general.

4368
04:48:05,390 --> 04:48:08,639
Give me 5000 minutes to be specific.

4369
04:48:09,303 --> 04:48:12,540
Did you want double Dutch I want to say a couple

4370
04:48:12,540 --> 04:48:14,415
things about the public meeting process which

4371
04:48:14,415 --> 04:48:17,939
is one of the specific things I was appalled at.

4372
04:48:17,939 --> 04:48:20,298
First public meeting was voluntary.

4373
04:48:20,298 --> 04:48:23,279
I didn't even think it counted so I didn't take it seriously.

4374
04:48:23,279 --> 04:48:26,439
I thought okay here comes the robust meeting

4375
04:48:26,439 --> 04:48:28,439
process after this.

4376
04:48:28,505 --> 04:48:29,439
Never came.

4377
04:48:29,439 --> 04:48:32,399
So I was shocked and disgusted.

4378
04:48:32,399 --> 04:48:36,919
The first public meeting was -- they'd already made up

4379
04:48:36,919 --> 04:48:38,139
their mind.

4380
04:48:38,139 --> 04:48:40,390
Horrible stuff.

4381
04:48:40,390 --> 04:48:43,958
The planning -- what's the word --

4382
04:48:43,958 --> 04:48:47,487
the planning captain or whatever the guy's name is --

4383
04:48:47,487 --> 04:48:54,870
whatever the position is, the guy in charge of approval --

4384
04:49:02,372 --> 04:49:03,247
I'll try to be brief.

4385
04:49:03,247 --> 04:49:03,258
They presented the project and when the citizens of Santa Clara

4386
04:49:03,258 --> 04:49:05,599
spoke, he became physically uncomfortable and awkward.

4387
04:49:05,599 --> 04:49:11,599
When I personally spoke, I think -- maybe it's recorded.

4388
04:49:11,839 --> 04:49:13,732
I think I was reasonable and brief

4389
04:49:13,732 --> 04:49:18,199
but I ended with excuse me, I lost my train of thought.

4390
04:49:18,199 --> 04:49:19,999
That was my quote.

4391
04:49:19,999 --> 04:49:24,511
This person became giddy like a school child.

4392
04:49:24,511 --> 04:49:28,385
It was disgusting and he quoted and said,

4393
04:49:28,385 --> 04:49:31,159
no, we'll just move on.

4394
04:49:31,159 --> 04:49:32,686
He used that to cut me off.

4395
04:49:32,686 --> 04:49:34,855
It was disgusting and not acceptable

4396
04:49:34,855 --> 04:49:39,550
in the city of Santa Clara staff.

4397
04:49:39,879 --> 04:49:44,741
Also, one of the things they say is that --

4398
04:49:44,741 --> 04:49:48,151
one of the things they say is sequa is not required

4399
04:49:48,151 --> 04:49:50,959
and there's no public health and all that other stuff.

4400
04:49:50,959 --> 04:49:55,390
In all honesty, it's an auto body repair place

4401
04:49:55,390 --> 04:49:57,824
right next to us and there's no environmental study.

4402
04:49:57,824 --> 04:49:59,952
It's an auto body shop.

4403
04:49:59,952 --> 04:50:02,837
Logic will tell you hey, you might need to do that.

4404
04:50:02,837 --> 04:50:05,379
But they're saying we don't need to do an environmental study

4405
04:50:05,379 --> 04:50:09,947
and that is a health risk and that is in the law of.

4406
04:50:09,947 --> 04:50:15,143
So there are -- there's lots of things that we're trying to put

4407
04:50:15,143 --> 04:50:18,743
this development as this great ADU,

4408
04:50:25,843 --> 04:50:27,510
affordable housing project but it's not.

4409
04:50:27,510 --> 04:50:27,520
It's like putting a square peg in a round hole.

4410
04:50:27,520 --> 04:50:30,425
You guys are doing well when it comes

4411
04:50:30,425 --> 04:50:33,359
to trying to meet your government and state

4412
04:50:33,359 --> 04:50:37,559
quotas for building these houses and developments.

4413
04:50:37,729 --> 04:50:39,753
You want to do it right.

4414
04:50:39,753 --> 04:50:45,387
I mean -- you remember the development agency back in --

4415
04:50:45,387 --> 04:50:49,129
they had this great idea to make it all wonderful and partner

4416
04:50:49,129 --> 04:50:51,964
with developers and all this other stuff and it turned out

4417
04:50:51,964 --> 04:50:57,102
just to be -- it got banished because it was --

4418
04:50:57,102 --> 04:50:59,519
it basically was a scam and a lot of people took advantage

4419
04:50:59,519 --> 04:51:00,900
of it.

4420
04:51:00,900 --> 04:51:03,679
I don't want that to happen here with all of these things going

4421
04:51:03,679 --> 04:51:08,349
on and with all the objective evidence and all the objective

4422
04:51:08,349 --> 04:51:10,349
standards, with --

4423
04:51:11,347 --> 04:51:15,239
with sequa and all of these -- all of these things.

4424
04:51:15,239 --> 04:51:17,119
Everyone is jumping into it and I

4425
04:51:17,119 --> 04:51:19,319
don't want it to end up as a scam which

4426
04:51:19,319 --> 04:51:22,147
is what the redevelopment Agency turned out to be.

4427
04:51:22,147 --> 04:51:26,863
You guys have the opportunity to thoroughly look at this,

4428
04:51:26,863 --> 04:51:30,199
to thoroughly examine the law and to thoroughly

4429
04:51:30,199 --> 04:51:34,271
examine what was said and how you're doing it.

4430
04:51:34,271 --> 04:51:36,495
You don't have to turn over a project like that just

4431
04:51:36,495 --> 04:51:38,259
because they say yeah, you have to

4432
04:51:38,259 --> 04:51:40,279
because that's what the state says.

4433
04:51:40,279 --> 04:51:42,885
The state doesn't necessarily say that.

4434
04:51:42,885 --> 04:51:46,159
If you look into state law it doesn't say that.

4435
04:51:46,159 --> 04:51:48,722
You have to make sure there's health and safety.

4436
04:51:48,722 --> 04:51:54,722
If it's an auto body thing they should do CEQA.

4437
04:51:59,405 --> 04:52:02,300
You want to make sure affordable housing is actually affordable

4438
04:52:02,300 --> 04:52:02,560
and can be sold separately and it's not just an Adu which

4439
04:52:02,560 --> 04:52:03,514
isn't the same as a townhome that's

4440
04:52:03,514 --> 04:52:05,581
three bedrooms two baths and all that other stuff

4441
04:52:05,581 --> 04:52:10,379
and that's what they're using as their affordable housing thing.

4442
04:52:10,379 --> 04:52:12,651
You can't even sell that separately.

4443
04:52:12,651 --> 04:52:15,889
It comes in the same thing.

4444
04:52:15,889 --> 04:52:21,553
Those townhomes that have to be -- they have to be --.

4445
04:52:21,553 --> 04:52:23,953
There's a lot there.

4446
04:52:23,999 --> 04:52:25,999
>> Thank you.

4447
04:52:35,733 --> 04:52:36,983
>> Now we'll go back to staff.

4448
04:52:36,983 --> 04:52:36,985
City manager?

4449
04:52:36,985 --> 04:52:36,989
>> We'll come forward.

4450
04:52:36,989 --> 04:52:39,871
There's a couple items we'd like to correct for the record.

4451
04:52:39,871 --> 04:52:44,671
And respond to one of the public comments.

4452
04:52:59,990 --> 04:52:59,641
>> Thank you.

4453
04:52:59,641 --> 04:52:59,647
Just to briefly correct the record,

4454
04:52:59,647 --> 04:53:00,550
you already heard in the applicant's response,

4455
04:53:00,550 --> 04:53:03,230
the accessory dwelling units are not

4456
04:53:03,230 --> 04:53:05,120
the affordable units for this.

4457
04:53:05,120 --> 04:53:08,394
You heard a lot of testimony from the appellate attorney

4458
04:53:08,394 --> 04:53:10,569
about concern over the transferability

4459
04:53:10,569 --> 04:53:14,919
of the accessory dwelling units because she mistakenly

4460
04:53:14,919 --> 04:53:16,985
thought those were the affordable units

4461
04:53:16,985 --> 04:53:20,552
and just to be crystal clear, one of the affordable units

4462
04:53:20,552 --> 04:53:22,999
is one of the townhouses and another one of the units

4463
04:53:22,999 --> 04:53:26,452
is one of the two condos in the duplex.

4464
04:53:26,452 --> 04:53:30,743
The ADUs are not part of that analysis.

4465
04:53:30,743 --> 04:53:34,343
Another speaker mentioned well, maybe it's

4466
04:53:34,362 --> 04:53:36,719
time to test these laws.

4467
04:53:36,719 --> 04:53:39,951
Why don't we just go to court and test them just to be clear,

4468
04:53:39,951 --> 04:53:45,390
they're actually is a rather robust body of laws upholding

4469
04:53:45,390 --> 04:53:46,695
the density bonus statutes.

4470
04:53:46,695 --> 04:53:52,467
They change year to year but there's a robust body of cases

4471
04:53:52,467 --> 04:53:55,839
and unfortunately a lot of enforcement letters

4472
04:53:55,839 --> 04:53:58,225
governing the density bonus statutes

4473
04:53:58,225 --> 04:54:00,109
and how they apply to cities.

4474
04:54:00,109 --> 04:54:02,879
And they are frequently most of the time

4475
04:54:02,879 --> 04:54:04,551
not favorable to city discretion.

4476
04:54:04,551 --> 04:54:09,351
There's a lot of discussion about historic eligibility,

4477
04:54:10,612 --> 04:54:13,999
historic nature of an adjoining property.

4478
04:54:13,999 --> 04:54:17,179
To be crystal clear, there is no property

4479
04:54:17,179 --> 04:54:21,902
that is on the city's historic resource inventory.

4480
04:54:21,902 --> 04:54:24,319
If there were it would have affected whether we could have

4481
04:54:24,319 --> 04:54:30,919
used the exemption and it would have required a referral HLC>

4482
04:54:37,323 --> 04:54:39,406
the applicant filed an application for designation

4483
04:54:39,406 --> 04:54:39,607
years ago and that application was withdrawn.

4484
04:54:39,607 --> 04:54:42,799
It's not on the registry and therefore it's not relevant.

4485
04:54:42,799 --> 04:54:48,199
Finally, somebody mentioned there's an auto body shop here.

4486
04:54:49,411 --> 04:54:53,409
Shouldn't this be a case where we do some hazmat analysis?

4487
04:54:53,409 --> 04:54:56,767
The project is conditioned by the fire department

4488
04:54:56,767 --> 04:54:59,671
to do both phase one and actually

4489
04:54:59,671 --> 04:55:02,879
even phase two environmental assessment if the department

4490
04:55:02,879 --> 04:55:04,879
determines it's warranted.

4491
04:55:06,569 --> 04:55:09,471
The letter the appellant submitted today

4492
04:55:09,471 --> 04:55:14,720
said there wasn't enough of a condition requiring a phase one

4493
04:55:14,720 --> 04:55:15,114
environmental assessment.

4494
04:55:15,114 --> 04:55:18,803
They are concerned it wouldn't be enforceable

4495
04:55:18,803 --> 04:55:20,499
and that's one of the requirements

4496
04:55:20,499 --> 04:55:27,990
to use the CEQA exemption that there'd be a phase one

4497
04:55:31,170 --> 04:55:32,212
environmental assessment.

4498
04:55:32,212 --> 04:55:32,220
This is for smaller projects not moving --

4499
04:55:32,220 --> 04:55:32,710
phase one environmental assessment may be adequate

4500
04:55:32,710 --> 04:55:35,319
in they're saying no, you should have been more overt

4501
04:55:35,319 --> 04:55:37,972
in your condition require the phase one.

4502
04:55:37,972 --> 04:55:40,445
To be clear, the condition says do

4503
04:55:40,445 --> 04:55:46,167
a phase two and the second part says it's possible only

4504
04:55:46,167 --> 04:55:48,607
phase one would be required.

4505
04:55:48,607 --> 04:55:49,775
Here's the thing.

4506
04:55:49,775 --> 04:55:53,599
Phase one is already done and was completed in August of 2025

4507
04:55:53,599 --> 04:55:55,751
and already submitted to the city.

4508
04:55:55,751 --> 04:56:00,759
There's no risk that phase one will not be done.

4509
04:56:00,759 --> 04:56:04,359
Do you have anything to add?

4510
04:56:05,790 --> 04:56:09,279
>> I had some -- just as background,

4511
04:56:09,779 --> 04:56:13,979
there was no historic preservation ordinance back

4512
04:56:16,407 --> 04:56:21,207
in 2014 when the appellant's project was coming through.

4513
04:56:21,779 --> 04:56:25,979
The Historic preservation ordinance was adopted in 2017

4514
04:56:27,219 --> 04:56:32,190
and if they would submit an application today

4515
04:56:32,499 --> 04:56:37,899
for a designation, staff would look at that application

4516
04:56:38,159 --> 04:56:41,887
and most likely go through the steps in the process.

4517
04:56:41,887 --> 04:56:43,887
For designation.

4518
04:56:44,999 --> 04:56:46,649
>> One more correction for the record.

4519
04:56:46,649 --> 04:56:49,739
This is an architectural review approval.

4520
04:56:49,739 --> 04:56:53,190
The city code identifies what we can and cannot include

4521
04:56:53,190 --> 04:56:57,199
as conditions of approval in an architectural review approval.

4522
04:56:57,199 --> 04:57:00,999
Typically things like the way parking is laid out.

4523
04:57:00,999 --> 04:57:05,341
Regrettably we cannot condition two way commercial space is used

4524
04:57:05,341 --> 04:57:08,559
as part of an architectural review.

4525
04:57:08,559 --> 04:57:13,959
It's not germane to the jurisdiction you have tonight.

4526
04:57:14,539 --> 04:57:16,539
>> Thank you.

4527
04:57:16,569 --> 04:57:19,857
So with that we'll close public hearing.

4528
04:57:19,857 --> 04:57:24,319
If we can get a motion to close?

4529
04:57:24,319 --> 04:57:26,419
>> Motion to close public hearing.

4530
04:57:26,419 --> 04:57:26,919
>> Second.

4531
04:57:26,919 --> 04:57:29,570
We have a motion and a second.

4532
04:57:29,570 --> 04:57:32,570
This is the city clerk.

4533
04:57:32,709 --> 04:57:34,709
Can we --

4534
04:57:58,777 --> 04:58:00,777
[taking votes]

4535
04:58:14,289 --> 04:58:15,414
>> Now we will go to the --

4536
04:58:15,414 --> 04:58:18,414
I see Council member Jain.

4537
04:58:23,498 --> 04:58:24,748
>> I had a question for staff.

4538
04:58:24,748 --> 04:58:27,331
HLC Commissioner Kathleen Romano mentioned

4539
04:58:27,331 --> 04:58:30,277
there were minutes from the HLC designating 820

4540
04:58:30,277 --> 04:58:33,280
as a historic property but apparently

4541
04:58:33,280 --> 04:58:34,697
it didn't show up in the registry.

4542
04:58:34,697 --> 04:58:35,639
>> The applicant withdrew the application and it never made it

4543
04:58:35,639 --> 04:58:37,639
to Council.

4544
04:58:37,759 --> 04:58:39,759
>> I see.

4545
04:58:39,847 --> 04:58:41,847
Thank you.

4546
04:58:53,526 --> 04:58:54,151
>> Anyone else?

4547
04:58:54,151 --> 04:58:54,651
>> Twice.

4548
04:58:54,651 --> 04:58:58,251
Any other -- comments and debate?

4549
04:59:01,790 --> 04:59:03,790
Council member Jain?

4550
04:59:17,900 --> 04:59:17,906
>> I learned a lot today.

4551
04:59:17,906 --> 04:59:17,915
I learned that our hands are really tied here.

4552
04:59:17,915 --> 04:59:19,915
Based on these new state laws that have gone in.

4553
04:59:19,915 --> 04:59:23,207
These automatic waivers come unlimited waivers, concession --

4554
04:59:23,207 --> 04:59:28,700
I don't see any room to wiggle here.

4555
04:59:29,359 --> 04:59:35,359
And I will make a motion to overrule the appeal.

4556
04:59:39,120 --> 04:59:43,792
>> I will second that and I will say my state Senator

4557
04:59:43,792 --> 04:59:50,392
and my state Assembly member are going to get an earful.

4558
04:59:50,679 --> 04:59:53,599
>> Staff recommendation was to overrule the appeal and there

4559
04:59:53,599 --> 04:59:58,399
was also the determination for the CEQA exemption?

4560
05:00:06,600 --> 05:00:07,638
Staff recommendation?

4561
05:00:07,638 --> 05:00:10,130
>> It might be worth reading that into the record comment

4562
05:00:10,130 --> 05:00:10,117
member chair comment member chair --

4563
05:00:10,117 --> 05:00:11,652
that's a new title for you.

4564
05:00:11,652 --> 05:00:14,520
Staff's recommendation is determine

4565
05:00:14,219 --> 05:00:20,219
the project be exempt from CEQA pursuant to Public Resources

4566
05:00:25,997 --> 05:00:27,789
Code 2108066 and conduct the public hearing

4567
05:00:27,789 --> 05:00:27,804
and consider all evidence presented

4568
05:00:27,804 --> 05:00:30,262
and unless you determine that the exemption is inapplicable

4569
05:00:30,262 --> 05:00:33,289
or that the project would result in a specific adverse public

4570
05:00:33,289 --> 05:00:35,399
health or safety impact, as you've

4571
05:00:35,399 --> 05:00:37,709
heard about your discretion, staff's

4572
05:00:37,709 --> 05:00:40,807
recommending that the resolution be adopted which would overrule

4573
05:00:40,807 --> 05:00:43,300
the appeal and uphold the decision

4574
05:00:43,300 --> 05:00:47,495
to approve the Architectural review permit for the project

4575
05:00:47,495 --> 05:00:48,669
as described.

4576
05:00:48,669 --> 05:00:52,269
Subject to the conditions of approval.

4577
05:00:53,759 --> 05:00:54,719
>> Thank you.

4578
05:00:54,719 --> 05:00:57,719
We have Council member Chahal?

4579
05:01:07,356 --> 05:01:09,356
go ahead.

4580
05:01:18,646 --> 05:01:19,646
>> Thank you Vice mayor.

4581
05:01:19,646 --> 05:01:19,654
So I will not be supporting the motion

4582
05:01:19,654 --> 05:01:21,487
and I'll give you multiple reasons for that.

4583
05:01:21,487 --> 05:01:24,105
If you look at the resolution, let's go point by point.

4584
05:01:24,105 --> 05:01:26,639
The resolution clause three B, it

4585
05:01:26,639 --> 05:01:31,119
states that the design and location of the proposed

4586
05:01:31,119 --> 05:01:34,359
development and its relationship to neighboring developments

4587
05:01:34,359 --> 05:01:37,952
and traffic is such that it will not

4588
05:01:37,952 --> 05:01:41,339
impact the desirability of investment or occupation

4589
05:01:41,339 --> 05:01:43,329
in that neighborhood.

4590
05:01:43,329 --> 05:01:49,929
It will not interfere with the -- that is completely wrong.

4591
05:01:51,519 --> 05:01:54,590
It is impacting the neighborhood.

4592
05:01:54,590 --> 05:01:58,399
It is impacting the residents and existing residents

4593
05:01:58,399 --> 05:02:00,799
on that development basically.

4594
05:02:01,279 --> 05:02:06,790
So I don't think that's a true statement.

4595
05:02:06,165 --> 05:02:12,890
Let me go to clause three C, that the design and location

4596
05:02:12,890 --> 05:02:14,399
of the proposed development is such

4597
05:02:14,399 --> 05:02:18,151
that it is in keeping with the character of the neighborhood.

4598
05:02:18,151 --> 05:02:23,665
And it's such that not to be determined -- the harmonious --

4599
05:02:23,665 --> 05:02:25,919
by the zoning code.

4600
05:02:25,919 --> 05:02:27,919
Again, that's not right.

4601
05:02:27,919 --> 05:02:32,599
This is a impact in the neighborhood in the harmony.

4602
05:02:32,599 --> 05:02:35,190
A couple of neighbors have come forward.

4603
05:02:35,190 --> 05:02:41,159
It's stressful for them to have living in a shaded houses where

4604
05:02:41,159 --> 05:02:45,967
-- they own that property and in the context that they had

4605
05:02:45,967 --> 05:02:47,944
a different view when they owned it.

4606
05:02:47,944 --> 05:02:52,565
If I had that property in that location right now,

4607
05:02:52,565 --> 05:02:55,565
I too would be stressed.

4608
05:02:56,559 --> 05:03:00,159
So I don't agree with that.

4609
05:03:00,639 --> 05:03:05,159
Let's go to 3D, that the granting of such approval will

4610
05:03:05,159 --> 05:03:10,559
not under that circumstances -- effect adversely the health,

4611
05:03:10,849 --> 05:03:15,334
comfort and general welfare of persons residing or working

4612
05:03:15,334 --> 05:03:16,319
in the neighborhood.

4613
05:03:16,319 --> 05:03:17,599
That's wrong.

4614
05:03:17,599 --> 05:03:19,999
Residents have come forward that it

4615
05:03:19,999 --> 05:03:25,999
will impact their comfort and their welfare and the mentally.

4616
05:03:29,790 --> 05:03:34,109
Let's go to three, that the proposed development --

4617
05:03:34,109 --> 05:03:39,509
and drawings are consistent with the set of --

4618
05:03:40,505 --> 05:03:45,905
for architecture review as approved and updated from time

4619
05:03:45,972 --> 05:03:47,545
to time by the Council.

4620
05:03:47,545 --> 05:03:51,852
If you go further on that, the last sentence of that paragraph

4621
05:03:51,852 --> 05:03:56,559
says incorporate a design compatible with the surrounding

4622
05:03:56,559 --> 05:03:58,559
pattern.

4623
05:03:59,559 --> 05:04:04,699
And convenient layout of -- it is not compatible with

4624
05:04:04,699 --> 05:04:06,269
the existing surrounding development.

4625
05:04:06,269 --> 05:04:09,372
For those reasons I will not be supporting the motion.

4626
05:04:09,372 --> 05:04:11,372
Thank you.

4627
05:04:11,999 --> 05:04:13,991
>> Council member.?

4628
05:04:13,991 --> 05:04:16,799
>> I have a couple questions about historic preservation

4629
05:04:16,799 --> 05:04:19,873
and resource inventory which I've been told it's not up

4630
05:04:19,873 --> 05:04:25,367
to date and that -- that the website is not accurate.

4631
05:04:25,367 --> 05:04:28,250
I want to know if that's true and why.

4632
05:04:28,250 --> 05:04:34,625
I've been told that there is a meeting on November 1st 2018

4633
05:04:38,949 --> 05:04:41,303
recognized Civic Center Drive --

4634
05:04:41,303 --> 05:04:44,572
I'm being told that the applicant withdrew

4635
05:04:44,572 --> 05:04:46,332
the historic application twice.

4636
05:04:46,332 --> 05:04:50,532
I kind of want to understand that.

4637
05:04:51,719 --> 05:04:57,119
I want to know -- we kind of clarified.

4638
05:04:58,670 --> 05:05:01,299
I had a question about what the affordable units would be.

4639
05:05:01,299 --> 05:05:07,665
I know there was a lot of confusion around the ADUs

4640
05:05:07,665 --> 05:05:13,650
but I was told the affordable units are basically

4641
05:05:14,772 --> 05:05:15,939
one townhouse and one condo.

4642
05:05:15,939 --> 05:05:16,336
I'm also aware that they don't meet the 15% of affordable units

4643
05:05:16,336 --> 05:05:17,847
with that number of.

4644
05:05:17,847 --> 05:05:20,755
I want to know how much below the 15% affordable units

4645
05:05:20,755 --> 05:05:22,755
can developers build?

4646
05:05:23,390 --> 05:05:29,447
Before -- and augment with fees before we don't allow this.

4647
05:05:29,447 --> 05:05:30,721
It's important.

4648
05:05:30,721 --> 05:05:37,230
I also think and this is my comment that legally required

4649
05:05:37,230 --> 05:05:39,423
or not, the city needs to consider

4650
05:05:39,423 --> 05:05:41,655
the welfare of its residents.

4651
05:05:41,655 --> 05:05:44,884
At some point double Dutch and I've said this,

4652
05:05:44,884 --> 05:05:47,203
every development comes in and every big developer

4653
05:05:47,203 --> 05:05:49,220
comes in and says we'll be your future neighbors

4654
05:05:49,220 --> 05:05:51,120
and I'll say you're not our friends and not

4655
05:05:51,120 --> 05:05:52,550
our future neighbor.

4656
05:05:52,550 --> 05:05:52,951
You're a.

4657
05:05:52,951 --> 05:05:57,495
At some point there needs to be some consideration of the actual

4658
05:05:57,495 --> 05:06:02,295
friends come with the actual neighbors because --

4659
05:06:02,772 --> 05:06:07,390
nobody likes this but I'll tell a story and it's about a farmer

4660
05:06:07,390 --> 05:06:09,941
that had 50 sheep and his son I 50 sheep and said I'd like

4661
05:06:09,941 --> 05:06:12,499
to add that 50 sheep to my flock.

4662
05:06:12,499 --> 05:06:16,271
So he treated those 50 sheep well and gave them

4663
05:06:16,271 --> 05:06:17,932
the food from the original 50 sheep

4664
05:06:17,932 --> 05:06:19,765
and after wiki said what do you think kimchi

4665
05:06:19,765 --> 05:06:20,939
you want to join the flock?

4666
05:06:20,939 --> 05:06:25,950
They said you've treated us well but in treating us well

4667
05:06:25,950 --> 05:06:27,667
we've seen how you treated your original flock.

4668
05:06:27,667 --> 05:06:32,331
And we feel that when a new flock comes, we join their flock

4669
05:06:32,331 --> 05:06:34,559
and another flock and another 50 sheep came along

4670
05:06:34,559 --> 05:06:37,292
and we were worried about how you would treat us

4671
05:06:37,292 --> 05:06:40,319
since we've seen how you treated your original flock.

4672
05:06:40,319 --> 05:06:43,287
No, we will not be joining your flock.

4673
05:06:43,287 --> 05:06:45,815
I think this kind of story was made exactly

4674
05:06:45,815 --> 05:06:47,679
for things like this.

4675
05:06:47,679 --> 05:06:50,896
And staff is not going to look out for the welfare

4676
05:06:50,896 --> 05:06:54,119
of the residents -- at some point it looks like Mr.

4677
05:06:54,119 --> 05:06:57,119
Fisher was not treated well but I can't talk to that.

4678
05:06:57,119 --> 05:07:01,559
But at some point I can talk to the residents.

4679
05:07:01,559 --> 05:07:04,919
When we're saying that we've got no sunlight come what

4680
05:07:04,919 --> 05:07:07,415
we're trying to avoid saying there's no sunlight by saying

4681
05:07:07,415 --> 05:07:10,339
there's no requirement for a shadow study --

4682
05:07:10,339 --> 05:07:14,670
shouldn't need to be a shadow study to see how the light would

4683
05:07:14,670 --> 05:07:15,769
be affected.

4684
05:07:15,769 --> 05:07:18,789
It's kind of a shame that staff won't come out

4685
05:07:18,789 --> 05:07:19,935
and just say that.

4686
05:07:19,935 --> 05:07:23,639
When we look at privacy, I think it's

4687
05:07:23,639 --> 05:07:26,239
a shame that staff will not just come out

4688
05:07:26,239 --> 05:07:28,652
and say privacy won't be affected.

4689
05:07:28,652 --> 05:07:32,615
It's a shame that we don't have any kinds of considerations

4690
05:07:32,615 --> 05:07:34,800
for privacy.

4691
05:07:34,800 --> 05:07:39,175
We go back to state law and we go back to the waivers

4692
05:07:39,175 --> 05:07:42,639
and minimum requirements and I think it's a shame that we are

4693
05:07:42,639 --> 05:07:48,159
looking at so many waivers and ignoring the feedback --

4694
05:07:48,159 --> 05:07:50,231
I think it's justified.

4695
05:07:50,231 --> 05:07:54,111
And the argument coming against it is a legal argument.

4696
05:07:54,111 --> 05:07:57,769
I've said this many times that the legal argument is the lowest

4697
05:07:57,769 --> 05:07:58,269
bar.

4698
05:07:58,269 --> 05:08:02,190
At some point legal requirements don't guarantee

4699
05:08:02,190 --> 05:08:04,670
that people are served.

4700
05:08:04,670 --> 05:08:08,412
In fact I'd say in some cases when the legal requirement goes

4701
05:08:08,412 --> 05:08:12,230
against people's welfare, and the legal requirement

4702
05:08:12,230 --> 05:08:13,709
is not a good requirement.

4703
05:08:13,709 --> 05:08:16,537
Legal does not mean good and good does not mean legal.

4704
05:08:16,537 --> 05:08:19,775
I've stated this many times, even to the city attorney.

4705
05:08:19,775 --> 05:08:25,175
Even the worst attorney, in the worst city attorney

4706
05:08:25,663 --> 05:08:28,630
would still be legal.

4707
05:08:28,239 --> 05:08:32,505
This is not a bar that we should be touting as we're doing well.

4708
05:08:32,505 --> 05:08:37,599
It's something we need to look at as well, this is a baseline

4709
05:08:37,599 --> 05:08:40,914
but even though it's theoretically good,

4710
05:08:40,914 --> 05:08:43,163
what is the actual effect?

4711
05:08:43,163 --> 05:08:45,839
The actual effect on the people has been ignored

4712
05:08:45,839 --> 05:08:47,920
and that's a shame.

4713
05:08:47,920 --> 05:08:51,185
I would like my other questions answered.

4714
05:08:51,185 --> 05:08:52,619
Historic preservation.

4715
05:08:52,619 --> 05:08:57,419
If the applicant submitted an application for Historic

4716
05:08:58,737 --> 05:09:01,602
to be on the historic inventory list,

4717
05:09:01,602 --> 05:09:03,595
it seems like they were told they

4718
05:09:03,595 --> 05:09:06,190
didn't need to because eligibility was

4719
05:09:06,190 --> 05:09:08,959
the same as being on the list.

4720
05:09:08,959 --> 05:09:10,751
That's not exactly true.

4721
05:09:10,751 --> 05:09:15,145
How would that change the calculus of this?

4722
05:09:15,145 --> 05:09:19,945
And how much below 15% affordable can developers build?

4723
05:09:21,310 --> 05:09:23,972
And still augment with fees?

4724
05:09:23,972 --> 05:09:27,492
It seems that's just a trick, which

4725
05:09:27,492 --> 05:09:32,143
is I can build whatever I want and I can augment it with fees.

4726
05:09:32,143 --> 05:09:34,399
Because as long as I hit that 15% I'm

4727
05:09:34,399 --> 05:09:37,352
going to get my density bonus and then we're

4728
05:09:37,352 --> 05:09:40,924
going to have discussions about what the state law requires

4729
05:09:40,924 --> 05:09:42,210
us to do.

4730
05:09:42,210 --> 05:09:45,210
I appreciate Councilmember Chahal's comments.

4731
05:09:56,819 --> 05:09:58,986
Planning commissioners are supposed to make findings

4732
05:09:58,986 --> 05:09:58,997
and I think it's difficult to make findings in this case.

4733
05:09:58,997 --> 05:09:59,400
The findings don't matter because well, we've

4734
05:09:59,400 --> 05:10:00,546
got this state law legal requirement.

4735
05:10:00,546 --> 05:10:03,247
But I'll leave the answers for staff.

4736
05:10:03,247 --> 05:10:05,247
Thank you.

4737
05:10:24,394 --> 05:10:25,602
>> Thank you Council member..

4738
05:10:25,602 --> 05:10:25,611
First, we just checked regarding the historic resources inventory

4739
05:10:25,611 --> 05:10:27,751
and the inventory is up to date.

4740
05:10:27,751 --> 05:10:30,919
In fact we updated it back in February 2026

4741
05:10:30,919 --> 05:10:36,615
as a city Council meeting and that did come to council

4742
05:10:36,615 --> 05:10:39,985
and the website should also be up to date.

4743
05:10:39,985 --> 05:10:42,794
So wanted to make a note.

4744
05:10:42,794 --> 05:10:47,990
You also asked why did the applicant withdraw twice.

4745
05:10:47,990 --> 05:10:48,136
We don't know.

4746
05:10:48,136 --> 05:10:50,179
They put in an application and it's

4747
05:10:50,179 --> 05:10:53,943
up to the applicant to proceed forward and in that case

4748
05:10:53,943 --> 05:10:54,599
they withdrew.

4749
05:10:54,599 --> 05:10:57,459
I think we've already responded to the question

4750
05:10:57,459 --> 05:10:59,220
about the affordable units.

4751
05:10:59,220 --> 05:11:04,190
One is in the townhome and the other is a duplex.

4752
05:11:04,190 --> 05:11:10,390
And regarding the comment about how much affordable are they

4753
05:11:10,390 --> 05:11:16,639
proposing, they are proposing and I have that written down --

4754
05:11:27,302 --> 05:11:29,677
the two moderate income units comprise 14.2% of the units

4755
05:11:29,677 --> 05:11:29,688
and the fee represents the other 0.8% and that is per

4756
05:11:29,688 --> 05:11:31,630
our affordable housing ordinance.

4757
05:11:31,630 --> 05:11:35,399
So they are meeting it and they can do it as a combination.

4758
05:11:35,399 --> 05:11:38,101
>> When the 15% would result in a fractional unit,

4759
05:11:38,101 --> 05:11:43,501
we allow them to take care of that fractionally.

4760
05:11:44,719 --> 05:11:47,199
>> And with regards to the architectural findings,

4761
05:11:47,199 --> 05:11:50,911
I understand the frustration that some of the council members

4762
05:11:50,911 --> 05:11:52,150
have voiced.

4763
05:11:52,150 --> 05:11:55,839
We still have a code that has to be

4764
05:11:55,839 --> 05:11:58,239
robust, subjective architectural findings

4765
05:11:58,372 --> 05:12:02,399
and they're very important for our noncommercial developments.

4766
05:12:02,399 --> 05:12:05,465
We haven't really caught up to state law

4767
05:12:05,465 --> 05:12:08,967
in revising them for multifamily residential buildings.

4768
05:12:08,967 --> 05:12:12,229
So we have this awkward resolution here

4769
05:12:12,229 --> 05:12:15,119
where staff believes you can make these findings.

4770
05:12:15,119 --> 05:12:17,615
We can make them in the affirmative.

4771
05:12:17,615 --> 05:12:20,263
But we've heard from two who believe they can't

4772
05:12:20,263 --> 05:12:22,359
make the subjective findings.

4773
05:12:22,359 --> 05:12:26,479
That's not consistent with the Housing Accountability Act.

4774
05:12:26,479 --> 05:12:29,479
You need to make your decisions based on objective standards

4775
05:12:29,479 --> 05:12:31,612
and tonight I've heard two of you

4776
05:12:31,612 --> 05:12:35,199
say you're not going to support the motion because

4777
05:12:35,199 --> 05:12:37,585
of the subjective standards.

4778
05:12:37,585 --> 05:12:39,359
That's attention related to the fact

4779
05:12:39,359 --> 05:12:42,739
that our code hasn't quite caught up with state law

4780
05:12:42,739 --> 05:12:47,359
and we're asking you to make subjective findings.

4781
05:12:47,359 --> 05:12:49,869
>> I don't believe I heard two council members say that they

4782
05:12:49,869 --> 05:12:51,202
were going to vote against this.

4783
05:12:51,202 --> 05:12:54,559
I don't believe I heard that at all.

4784
05:12:54,559 --> 05:12:56,530
>> I apologize if I jumped the gun.

4785
05:12:56,530 --> 05:13:01,239
I heard one say he wasn't going to support the motion

4786
05:13:01,239 --> 05:13:03,639
and another expressed reservations.

4787
05:13:05,390 --> 05:13:06,263
>> Thank you.

4788
05:13:06,263 --> 05:13:08,685
Council member Park, anything else?

4789
05:13:08,685 --> 05:13:12,139
I do want to have comments for that which is again,

4790
05:13:12,139 --> 05:13:16,972
I think that staff is jumping the gun making assumptions

4791
05:13:16,972 --> 05:13:18,687
which shouldn't be made.

4792
05:13:18,687 --> 05:13:20,879
At some point I think council members

4793
05:13:20,879 --> 05:13:24,379
do understand that whether they agree or disagree

4794
05:13:24,379 --> 05:13:27,220
with something that there are findings,

4795
05:13:27,220 --> 05:13:30,879
there are decisions that need to be made.

4796
05:13:30,879 --> 05:13:32,439
This is very true.

4797
05:13:32,439 --> 05:13:34,575
I voted for or against things that I

4798
05:13:34,575 --> 05:13:40,559
don't agree with because well, it seems it was necessary.

4799
05:13:40,559 --> 05:13:43,839
I think it's bad practice to make that kind of assumption

4800
05:13:43,839 --> 05:13:46,163
and that kind of statement in a response

4801
05:13:46,163 --> 05:13:47,399
to council member question.

4802
05:13:47,399 --> 05:13:49,399
These are questions.

4803
05:14:00,384 --> 05:14:02,217
>> I'll go back and listen to the recording.

4804
05:14:02,217 --> 05:14:02,222
>> I suggest you do.

4805
05:14:02,222 --> 05:14:02,233
I take notes and I'll say that usually the reason why

4806
05:14:02,233 --> 05:14:03,700
I speak even as clearly as I do is because I write down

4807
05:14:03,700 --> 05:14:05,590
almost every single thing I'm going to say so that when people

4808
05:14:05,590 --> 05:14:07,590
misquote me,

4809
05:14:08,479 --> 05:14:09,845
>> Public hearing is over.

4810
05:14:09,845 --> 05:14:11,845
I'm sorry.

4811
05:14:12,190 --> 05:14:14,679
>> So when people accuse me of saying something I didn't say

4812
05:14:14,679 --> 05:14:20,679
come I can go back and say that's not likely.

4813
05:14:31,460 --> 05:14:32,850
>> I apologize.

4814
05:14:32,850 --> 05:14:32,980
>> By all means go back and take a look at the video.

4815
05:14:32,980 --> 05:14:33,560
>> I trust you on this.

4816
05:14:33,560 --> 05:14:35,879
>> The other thing I want to say is that I know you're saying

4817
05:14:35,879 --> 05:14:38,890
that the code has subjective findings and I think

4818
05:14:38,890 --> 05:14:41,143
there's some objective findings that we say are not required.

4819
05:14:41,143 --> 05:14:44,870
I almost feel like they should be

4820
05:14:44,870 --> 05:14:47,479
done because there's nothing more objective than a shadow

4821
05:14:47,479 --> 05:14:47,979
study.

4822
05:14:47,979 --> 05:14:51,926
There's nothing more objective than the sun in the sky

4823
05:14:51,926 --> 05:14:54,551
being able to go into windows or not go into windows.

4824
05:14:54,551 --> 05:14:58,263
When you say that's the basis of subjective finding

4825
05:14:58,263 --> 05:15:01,807
that is not allowed, that doesn't make any sense to me.

4826
05:15:01,807 --> 05:15:04,305
When you tell me that, we don't have

4827
05:15:04,305 --> 05:15:06,844
to do that and that's the reason we're not going to do that

4828
05:15:06,844 --> 05:15:08,372
and we don't have to do that and that's why

4829
05:15:08,372 --> 05:15:09,732
we're not going to consider it.

4830
05:15:09,732 --> 05:15:14,665
I feel that is again ignoring the welfare of our residents.

4831
05:15:14,665 --> 05:15:17,665
Throughout history, sunlight, the availability

4832
05:15:18,419 --> 05:15:21,710
to have sunlight has been an issue.

4833
05:15:21,710 --> 05:15:23,892
Not just here but throughout civilizations.

4834
05:15:23,892 --> 05:15:26,390
And for us to throw it out because

4835
05:15:26,390 --> 05:15:31,147
of how state law seems like a very bad use of a very

4836
05:15:31,147 --> 05:15:32,205
big stick.

4837
05:15:32,205 --> 05:15:35,667
Again, I have to think about this.

4838
05:15:35,667 --> 05:15:41,670
I feel when we say affordability, if when the 15%

4839
05:15:41,159 --> 05:15:43,539
would be a fractional unit and not

4840
05:15:43,539 --> 05:15:45,524
require that that unit be full, I think

4841
05:15:45,524 --> 05:15:47,372
it should be a minimum 15%.

4842
05:15:47,372 --> 05:15:51,983
Maybe we need to revise the housing ordinance because stuff

4843
05:15:51,983 --> 05:15:53,479
like this --

4844
05:15:53,479 --> 05:15:56,345
when you've got projects this small,

4845
05:15:56,345 --> 05:16:00,449
it is possible that you will lose units

4846
05:16:00,449 --> 05:16:03,656
because they're just going to pay for this in fees

4847
05:16:03,656 --> 05:16:05,859
and I'd like that fee double Dutch

4848
05:16:05,859 --> 05:16:07,629
if they have to pay a fee like that fee

4849
05:16:07,629 --> 05:16:13,152
to be commensurate with being able to double Dutch having

4850
05:16:13,152 --> 05:16:16,752
a unit for an affordable unit.

4851
05:16:16,799 --> 05:16:19,684
You'd have to subtract out a market rate unit

4852
05:16:19,684 --> 05:16:22,999
and add in an affordable unit and take more

4853
05:16:22,999 --> 05:16:24,115
than the difference.

4854
05:16:24,115 --> 05:16:27,230
In order to make up for this.

4855
05:16:27,230 --> 05:16:32,319
This is an affordable unit you're never going to get.

4856
05:16:32,319 --> 05:16:34,719
Anyways, I don't have more to say.

4857
05:16:34,719 --> 05:16:36,279
Thank you.

4858
05:16:36,279 --> 05:16:38,390
>> Thank you city manager.

4859
05:16:38,390 --> 05:16:45,839
With that I was just going to remind council that it is now

4860
05:16:52,500 --> 05:16:54,550
11:12 and we're on the first of five regular business items.

4861
05:16:54,550 --> 05:16:54,562
Certainly robust discussion but if we can proceed to a vote that

4862
05:16:54,562 --> 05:16:55,270
would be helpful.

4863
05:16:55,270 --> 05:16:59,159
>> I want to mention I understand the frustration.

4864
05:16:59,159 --> 05:17:03,709
I can tell you my almost year and a half and two years --

4865
05:17:03,709 --> 05:17:07,559
we have lost local control because of the state issues

4866
05:17:07,559 --> 05:17:13,287
and some of that is maybe -- and they're doing what they can

4867
05:17:13,287 --> 05:17:14,708
to get that done.

4868
05:17:14,708 --> 05:17:19,599
But I can tell you that there's apartment houses here

4869
05:17:19,599 --> 05:17:24,607
an apartment houses for sure that have zero direct sunlight

4870
05:17:24,607 --> 05:17:29,279
into their apartments which are not much bigger than 500ft².

4871
05:17:29,279 --> 05:17:32,879
And it is what it is.

4872
05:17:33,839 --> 05:17:39,727
Unfortunately we have laws today that are allowing this building

4873
05:17:39,727 --> 05:17:45,695
and I think that's something that we can look forward

4874
05:17:45,695 --> 05:17:48,735
to seeing how this will develop.

4875
05:17:48,735 --> 05:17:54,735
I believe the applicant has made some level of --

4876
05:17:57,439 --> 05:18:01,669
tried to make it less hi, three stories closer to those two

4877
05:18:01,669 --> 05:18:02,849
story houses.

4878
05:18:02,849 --> 05:18:08,859
There's never going to be a great way of doing multi-story

4879
05:18:08,859 --> 05:18:13,590
versus -- single story or two stories.

4880
05:18:22,300 --> 05:18:23,420
I live on district one and we have

4881
05:18:23,420 --> 05:18:23,425
20 story buildings right now.

4882
05:18:23,425 --> 05:18:23,433
We're looking at building more and obviously they're

4883
05:18:23,433 --> 05:18:23,441
not directly next to 1 or 2 story

4884
05:18:23,441 --> 05:18:26,483
but it's a different environment that we are in today.

4885
05:18:26,483 --> 05:18:33,830
I think our residents -- all of our residents are impacted.

4886
05:18:33,239 --> 05:18:36,909
For our landowner who's been there for --

4887
05:18:36,909 --> 05:18:40,553
I think 50 years or something -- we care about all

4888
05:18:40,553 --> 05:18:45,190
of our residents and trying to make sure that we do what we can

4889
05:18:45,190 --> 05:18:47,805
for the residents that are here in the city.

4890
05:18:47,805 --> 05:18:52,319
And with that we can take a vote.

4891
05:18:52,319 --> 05:18:57,719
I believe Council member parks hand is up still.

4892
05:19:07,307 --> 05:19:09,974
>> I will request to speak after this which is my point I wanted

4893
05:19:09,974 --> 05:19:09,989
to make is we have a lot of issues ahead of us and we are

4894
05:19:09,989 --> 05:19:10,117
at 1115 and this is not a failure of council.

4895
05:19:10,117 --> 05:19:11,855
This is a failure of meeting management.

4896
05:19:11,855 --> 05:19:14,759
There was no way that all of these items

4897
05:19:14,759 --> 05:19:16,679
were going to make it through tonight to.

4898
05:19:16,679 --> 05:19:20,927
When we look at all the meetings that have gone long,

4899
05:19:20,927 --> 05:19:24,959
the one that occurred at the end of July,

4900
05:19:24,959 --> 05:19:27,143
there was no way that these meetings were

4901
05:19:27,143 --> 05:19:30,211
going to end before midnight if you just did a simple meeting

4902
05:19:30,211 --> 05:19:32,172
analysis of the agenda items.

4903
05:19:32,172 --> 05:19:35,999
And I think at this point to try to hurry the votes --

4904
05:19:35,999 --> 05:19:38,745
I agree that we should hurry the votes but at some point

4905
05:19:38,745 --> 05:19:41,390
if this meeting goes long, it's not

4906
05:19:41,390 --> 05:19:42,689
because of robust discussion.

4907
05:19:42,689 --> 05:19:44,231
This meeting is for robust discussion

4908
05:19:44,231 --> 05:19:46,692
and it's the first and only time that a lot of residents

4909
05:19:46,692 --> 05:19:49,599
in a a lot of council members get to hear and address

4910
05:19:49,599 --> 05:19:52,387
an issue that will affect people for the rest of their lives.

4911
05:19:52,387 --> 05:19:54,391
At that point that robust discussion

4912
05:19:54,391 --> 05:19:56,743
is not just valid but justified.

4913
05:19:56,743 --> 05:20:01,263
At some point an acknowledgment of the late time --

4914
05:20:01,263 --> 05:20:03,545
that is kind of due to we really need

4915
05:20:03,545 --> 05:20:05,989
to look at how we agendize items and how

4916
05:20:05,989 --> 05:20:08,589
we estimate how long items will take because we've

4917
05:20:08,589 --> 05:20:12,679
got a number of really big and pretty big, controversial items

4918
05:20:12,679 --> 05:20:14,679
on this agenda.

4919
05:20:28,115 --> 05:20:31,115
>> We will take the vote.

4920
05:20:32,782 --> 05:20:34,387
>> Council member Chahal?

4921
05:20:34,387 --> 05:20:34,887
>> No.

4922
05:20:34,887 --> 05:20:34,888
Hardy?

4923
05:20:34,888 --> 05:20:34,889
Yes.

4924
05:20:34,889 --> 05:20:35,389
Park?

4925
05:20:35,389 --> 05:20:36,900
Abstain.

4926
05:20:36,900 --> 05:20:38,900
Jain?

4927
05:20:38,911 --> 05:20:40,911
Yes.

4928
05:20:40,922 --> 05:20:42,922
Vice mayor Gonzalez?

4929
05:20:44,446 --> 05:20:44,946
Yes.

4930
05:20:44,946 --> 05:20:44,950
>> The motion fails.

4931
05:20:44,950 --> 05:20:47,589
So the development review officers decision stands

4932
05:20:47,589 --> 05:20:50,385
and so the architectural review is approved --

4933
05:20:50,385 --> 05:20:56,385
with that we will take -- what time is it?

4934
05:20:56,919 --> 05:20:59,767
>> If this motion failed and the motion was

4935
05:20:59,767 --> 05:21:05,150
for the recommendation, there could be an ultimate motion made

4936
05:21:05,150 --> 05:21:08,119
rather than simply saying that this is over.

4937
05:21:08,119 --> 05:21:11,644
This literally happened with -- and I think this is one

4938
05:21:11,644 --> 05:21:15,343
of the things why we need better input from executive staff

4939
05:21:15,343 --> 05:21:19,625
to tell us what our options are because the fact that this vote

4940
05:21:19,625 --> 05:21:22,625
failed does not mean anything.

4941
05:21:23,719 --> 05:21:25,979
There's still a lot more to this item.

4942
05:21:25,979 --> 05:21:29,919
There's still possibility of a lot more to this item.

4943
05:21:29,919 --> 05:21:33,190
>> Mr. Chair and council member Park, I was about to speak.

4944
05:21:33,190 --> 05:21:39,190
And so to clarify, the legal effect of this item

4945
05:21:40,385 --> 05:21:44,799
and to confirm member park's statements that potentially

4946
05:21:44,799 --> 05:21:48,124
there are other options, if in fact any one of you

4947
05:21:48,124 --> 05:21:51,720
want to make a different motion, you could.

4948
05:21:51,720 --> 05:21:57,720
So the legal effect of this action is generally --

4949
05:22:01,396 --> 05:22:02,347
as a chair described.

4950
05:22:02,347 --> 05:22:04,129
I still don't know what to call you.

4951
05:22:04,129 --> 05:22:09,529
And Presiding officer described, that because there was not

4952
05:22:09,999 --> 05:22:14,209
four affirmative votes for the motion, no action was taken,

4953
05:22:14,209 --> 05:22:18,479
and the legal effect of that is that the underlying decision

4954
05:22:18,479 --> 05:22:21,423
to approve the project stands.

4955
05:22:21,423 --> 05:22:26,663
And so if another council member at this point wanted to make

4956
05:22:26,663 --> 05:22:30,263
a different motion for Council's consideration,

4957
05:22:30,589 --> 05:22:36,255
that would be in order and -- presiding officer --

4958
05:22:36,255 --> 05:22:41,419
you could certainly solicit that as part of your handling of this

4959
05:22:41,419 --> 05:22:42,519
matter.

4960
05:22:42,519 --> 05:22:46,959
>> Is there any other one that wants to make a motion?

4961
05:22:46,959 --> 05:22:48,959
Council member Park?

4962
05:22:50,790 --> 05:22:51,532
>> A couple questions.

4963
05:22:51,532 --> 05:22:55,399
If we go back and ask staff to relook at some of the issues,

4964
05:22:55,399 --> 05:22:58,132
some of the items that have come up, for example,

4965
05:22:58,132 --> 05:23:02,700
if we had the appellant look into historical --

4966
05:23:02,700 --> 05:23:05,598
being added to historical landmarks list,

4967
05:23:05,598 --> 05:23:11,895
if we looked into the welfare issues like what is our ability

4968
05:23:11,895 --> 05:23:14,679
to ask for additional information --

4969
05:23:14,679 --> 05:23:19,790
meaning when I'm told things such as this is not legally

4970
05:23:19,790 --> 05:23:22,339
required, that's fine but if we're asking for it,

4971
05:23:22,339 --> 05:23:27,739
at what point can we ask for additional information?

4972
05:23:27,791 --> 05:23:31,263
I would like a fire report.

4973
05:23:31,263 --> 05:23:33,663
I would like --

4974
05:23:46,762 --> 05:23:48,762
[no audio]

4975
05:25:12,955 --> 05:25:14,955
[NO AUDIO]

4976
05:27:47,165 --> 05:27:49,623
>> If Attorney Abby thinks I got that wrong or wants to add

4977
05:27:49,623 --> 05:27:54,423
anything to that, I would invite that readily.

4978
05:27:58,253 --> 05:28:00,954
>> I don't see any hands as far as anybody wants to make

4979
05:28:00,954 --> 05:28:02,356
a motion if.

4980
05:28:02,356 --> 05:28:07,403
And with that we're going to take a six minute break and then

4981
05:28:07,403 --> 05:28:11,649
we'll bring the mayor back to address item six.

4982
05:28:11,649 --> 05:28:13,649
Thank you.

4983
05:37:21,615 --> 05:37:23,615
[in recess]

4984
05:37:42,500 --> 05:37:45,330
Before we move on I want to tell the council, item number seven,

4985
05:37:45,330 --> 05:37:48,330
consideration of historic resource designation

4986
05:37:48,330 --> 05:37:51,110
for the Vasquez gravesite location

4987
05:37:51,110 --> 05:37:53,690
located in Santa Clara Mission Cemetery.

4988
05:37:53,690 --> 05:37:55,778
His family was here and had to leave.

4989
05:37:55,778 --> 05:38:01,178
I'll ask council to make or consider a continuation.

4990
05:38:04,143 --> 05:38:07,516
>> I'd like to make the motion to continue item number seven

4991
05:38:07,516 --> 05:38:11,716
for the historic designation for the gravesite.

4992
05:38:12,490 --> 05:38:13,530
>> Second.

4993
05:38:13,530 --> 05:38:18,250
>> We have a motion by Hardy and Council member by double second

4994
05:38:18,250 --> 05:38:19,650
by Park to consider.

4995
05:38:19,650 --> 05:38:21,690
They're okay with the 15th or 22nd,

4996
05:38:21,690 --> 05:38:23,735
whatever is more appropriate.

4997
05:38:23,735 --> 05:38:25,940
They would like it to be towards the beginning.

4998
05:38:25,940 --> 05:38:28,857
They don't like to drive at night.

4999
05:38:28,857 --> 05:38:32,596
So we have a motion and second on that continuance.

5000
05:38:32,596 --> 05:38:34,596
When you're ready.

5001
05:38:34,758 --> 05:38:36,500
>> Council members should call.

5002
05:38:36,500 --> 05:38:38,500
Hardy? .?

5003
05:38:39,330 --> 05:38:41,330
Vice mayor Gonzalez?

5004
05:38:42,600 --> 05:38:44,600
Mayor Gilmore?

5005
05:38:45,370 --> 05:38:50,650
>> Yes and that passes was unanimously by those present.

5006
05:38:50,650 --> 05:38:53,954
We'll move to item number six, public hearing,

5007
05:38:53,954 --> 05:38:59,354
action on a vesting tentative subdivision map (PLN24-00665)

5008
05:39:00,000 --> 05:39:02,375
for 147 Units and One Commercial Building Located at 3521

5009
05:39:02,375 --> 05:39:02,386
and 3591 Homestead Road, Subject to Senate Bill (SB) 330 (2019).

5010
05:39:02,386 --> 05:39:02,394
CEQA: Determine that the Vesting Tentative Map Application

5011
05:39:02,394 --> 05:39:04,852
is Within the Scope of the Adopted MND located one and 3591

5012
05:39:04,852 --> 05:39:09,652
Homestead Road subject to Senate Bill 330 2019 Sequa determined

5013
05:39:10,398 --> 05:39:13,390
that the best tentative map application is

5014
05:39:13,390 --> 05:39:17,795
within the scope of the adopted and and this

5015
05:39:17,795 --> 05:39:21,730
is a public hearing so it is open um city Manager thank you

5016
05:39:21,730 --> 05:39:23,490
mayor in the interest of time

5017
05:39:23,490 --> 05:39:26,463
>> In the interest of time, you set up a good introduction.

5018
05:39:26,463 --> 05:39:30,522
The staff presentation will be provided by --

5019
05:39:30,522 --> 05:39:33,879
our assistant Director of Community Development.

5020
05:39:33,879 --> 05:39:38,679
I will invite her to the >> Thank you.

5021
05:39:40,610 --> 05:39:43,185
>> Welcome and thank you for your patience staying this late.

5022
05:39:43,185 --> 05:39:45,185
We appreciate it.

5023
05:39:45,370 --> 05:39:48,620
>> Good evening mayor Vice Mayor and members of the Council

5024
05:39:48,620 --> 05:39:50,160
and public.

5025
05:39:50,160 --> 05:39:52,590
Assistant Director of Community Development.

5026
05:39:52,590 --> 05:39:57,740
Before you today -- before you today is a request.

5027
05:39:57,740 --> 05:40:01,530
Find the proposed subdivision is within the scope

5028
05:40:01,530 --> 05:40:06,330
of the adopted negative declaration or the MND

5029
05:40:06,743 --> 05:40:10,890
and no further environmental analysis is required and adopted

5030
05:40:10,890 --> 05:40:13,690
resolution approving the vesting tentative subdivision

5031
05:40:13,690 --> 05:40:17,980
map for the reconfiguration of existing adjacent parcels

5032
05:40:17,980 --> 05:40:20,950
and to create a subdivision for condominium purposes

5033
05:40:20,950 --> 05:40:24,480
for 147 units and for one commercial building.

5034
05:40:24,480 --> 05:40:28,800
This project is subject to SB330.

5035
05:40:31,819 --> 05:40:37,316
And city Council review and file approval of the map is required.

5036
05:40:37,316 --> 05:40:43,470
So moving on to the existing site, the existing 5.5 acre site

5037
05:40:43,470 --> 05:40:47,700
is located on 3521 and 3591 Homestead Road

5038
05:40:48,396 --> 05:40:52,186
at the intersection of Lawrence Expressway on Homestead Road.

5039
05:40:52,186 --> 05:40:55,210
This site is designated neighborhood mixed

5040
05:40:55,210 --> 05:40:58,490
use in General plan and is zoned mixed use neighborhood

5041
05:40:58,490 --> 05:41:01,650
commercial and surrounded by multifamily residential and

5042
05:41:01,650 --> 05:41:03,630
commercial uses.

5043
05:41:03,630 --> 05:41:08,430
As I mentioned previously, the tentative subdivision map

5044
05:41:09,170 --> 05:41:13,580
includes the reconfiguration of two existing adjacent parcels

5045
05:41:13,580 --> 05:41:16,760
to create a subdivision for condominium purposes.

5046
05:41:16,760 --> 05:41:20,550
This project was cleared by the project committee

5047
05:41:20,550 --> 05:41:24,750
and the Subdivision Committee on October 7th 2025.

5048
05:41:25,122 --> 05:41:28,722
This slide shows the existing parcels

5049
05:41:28,730 --> 05:41:32,530
that are proposed to be reconfigured through this map.

5050
05:41:32,530 --> 05:41:37,556
This shows the project that was subject for the Architectural

5051
05:41:37,556 --> 05:41:41,640
review process through the development review hearing

5052
05:41:41,640 --> 05:41:45,840
and the approved project includes 94 story stacked

5053
05:41:46,800 --> 05:41:51,810
condominium units and 573 story town hall units the development

5054
05:41:51,810 --> 05:41:55,410
also includes approximately 4900ft² commercial building

5055
05:41:57,400 --> 05:42:01,240
a parking, driveways, and common open space.

5056
05:42:01,290 --> 05:42:05,490
In terms of project timeline, I just

5057
05:42:05,590 --> 05:42:11,930
want to draw your attention to key milestones in this timeline.

5058
05:42:11,930 --> 05:42:14,743
The project application for both the Architectural review

5059
05:42:14,743 --> 05:42:18,100
and the subdivision map was submitted in September 2024

5060
05:42:18,100 --> 05:42:22,210
and the applicant filed SB 330 preliminary application

5061
05:42:22,663 --> 05:42:26,255
to make sure that the applicable fees and development

5062
05:42:26,255 --> 05:42:28,643
standards at that time apply.

5063
05:42:28,643 --> 05:42:33,316
In October 7 to 2025 the BBC and the Subdivision Committee

5064
05:42:33,316 --> 05:42:36,750
deemed the SB 330 application and subdivision

5065
05:42:36,750 --> 05:42:39,810
complete and clear and there were

5066
05:42:39,810 --> 05:42:43,780
two community meetings held, one in November 2025

5067
05:42:43,780 --> 05:42:45,780
and February 2026.

5068
05:42:45,932 --> 05:42:49,593
The development review hearing for the Architectural Review

5069
05:42:49,593 --> 05:42:53,610
was approved in June and a Planning Commissioner review

5070
05:42:53,610 --> 05:42:56,610
recommended approval in August of 2026.

5071
05:42:57,578 --> 05:43:01,500
In further slides I'll go over feedback received

5072
05:43:01,500 --> 05:43:02,923
from the community community and how

5073
05:43:02,923 --> 05:43:04,548
the applicant worked with the community

5074
05:43:04,548 --> 05:43:06,948
to address their concerns.

5075
05:43:07,100 --> 05:43:11,810
At the development Review meeting on June 17th 2026,

5076
05:43:11,880 --> 05:43:16,986
seven community members attended the meeting and public comment

5077
05:43:16,986 --> 05:43:20,730
was received in opposition and five comment letters were

5078
05:43:20,730 --> 05:43:22,450
received in support of the project.

5079
05:43:22,450 --> 05:43:25,450
Comments focused on privacy impacts

5080
05:43:25,470 --> 05:43:28,370
due to heights, balcony placement,

5081
05:43:28,370 --> 05:43:31,962
lack of multistory setbacks, off site parking concerns

5082
05:43:31,962 --> 05:43:34,600
and lack of transitional development.

5083
05:43:34,600 --> 05:43:37,550
The project was approved by the Development Review Officer

5084
05:43:37,550 --> 05:43:41,750
with additional conditions the conditions include requiring

5085
05:43:43,943 --> 05:43:46,943
additional landscape between the property,

5086
05:43:47,600 --> 05:43:50,322
the garages should be only used for parking

5087
05:43:50,322 --> 05:43:53,714
and this is included as part of the conditions of approval

5088
05:43:53,714 --> 05:43:58,540
of the architectural review, congestion B7 and all the garage

5089
05:43:58,540 --> 05:44:00,250
doors should include windows.

5090
05:44:00,250 --> 05:44:04,680
So to address any kind of off site parking concerns.

5091
05:44:04,680 --> 05:44:08,863
At the Planning Commission meeting on August 12th 2026,

5092
05:44:08,863 --> 05:44:11,820
the Planning Commission discussed the process

5093
05:44:11,820 --> 05:44:14,250
and emphasized that the applicant should work with

5094
05:44:14,250 --> 05:44:16,750
the city to make sure that the demolition is carried

5095
05:44:16,750 --> 05:44:20,620
on in a way to prevent deterioration of the site

5096
05:44:20,620 --> 05:44:25,660
and they also encourage the applicant to work to possibly

5097
05:44:25,660 --> 05:44:29,860
increase service at the Homestead bus stop.

5098
05:44:30,290 --> 05:44:35,690
Finally the Planning Commission recommended approval of the map.

5099
05:44:35,770 --> 05:44:40,570
A quick overview of SB330 and the requirements

5100
05:44:42,360 --> 05:44:43,663
for Affordable Housing Ordinance.

5101
05:44:43,663 --> 05:44:47,263
The applicant did use SB330 pre-application

5102
05:44:49,185 --> 05:44:51,450
and it allows for streamline review with compliance

5103
05:44:51,450 --> 05:44:54,930
for objective standards and at the time the application was

5104
05:44:54,930 --> 05:44:55,700
deemed complete.

5105
05:44:55,700 --> 05:45:01,410
In addition the project proposes affordable units and would also

5106
05:45:01,410 --> 05:45:06,800
-- a fee for the 0.05 remaining fraction that's consistent with

5107
05:45:06,800 --> 05:45:09,570
the city's affordable housing ordinance requirement.

5108
05:45:09,570 --> 05:45:12,300
So pursuant to state density bonus law,

5109
05:45:12,300 --> 05:45:16,230
the project requests include (inaudible) for waiving

5110
05:45:19,310 --> 05:45:21,570
the multi-story setback requirements,

5111
05:45:21,570 --> 05:45:25,170
the 45 degree daylight requirements and increasing

5112
05:45:25,202 --> 05:45:28,276
the number of stories and increasing the --

5113
05:45:28,276 --> 05:45:32,863
and the concession was to reduce the commercial -- requirement.

5114
05:45:32,863 --> 05:45:36,170
The subdivision map, staff do you

5115
05:45:36,170 --> 05:45:38,900
find that the subdivision map complies

5116
05:45:38,900 --> 05:45:40,754
with all the applicable zoning code standards

5117
05:45:40,754 --> 05:45:43,721
and also has been processed consistent with the Subdivision

5118
05:45:43,721 --> 05:45:46,530
Map Act and the city code requirements.

5119
05:45:46,530 --> 05:45:50,122
The subdivision map is also consistent with the general plan

5120
05:45:50,122 --> 05:45:53,770
because it supports the general Plan's mixed labor designation

5121
05:45:53,770 --> 05:45:57,690
by providing additional housing near jobs and services

5122
05:45:57,690 --> 05:46:00,740
and also advances the city's mixed use and housing

5123
05:46:00,740 --> 05:46:04,130
goals by delivering new residential opportunities

5124
05:46:04,130 --> 05:46:07,586
including affordable homes within an established mixed use

5125
05:46:07,586 --> 05:46:08,202
area.

5126
05:46:08,202 --> 05:46:11,802
Moving to public outreach, public notice

5127
05:46:12,410 --> 05:46:15,880
included standard agenda posting, newspaper notice

5128
05:46:15,880 --> 05:46:20,680
and mailing the public hearing notice to 1331 property

5129
05:46:21,394 --> 05:46:26,770
owners and tenants within half a mile radius of the project site.

5130
05:46:26,770 --> 05:46:29,700
And moving on to community meetings,

5131
05:46:29,700 --> 05:46:34,535
the first community meeting was held on November 13th 2025 which

5132
05:46:34,535 --> 05:46:37,634
was held in a hybrid format.

5133
05:46:37,634 --> 05:46:41,863
38 members of public attended in person and 11 online.

5134
05:46:41,863 --> 05:46:45,250
At that meeting the community members

5135
05:46:45,250 --> 05:46:47,506
raised several concerns related to loss

5136
05:46:47,506 --> 05:46:49,703
of retail and existing commercial space

5137
05:46:49,703 --> 05:46:52,290
and displacement of small businesses

5138
05:46:52,290 --> 05:46:53,850
come a traffic concerns and they had

5139
05:46:53,850 --> 05:46:57,430
questions about who initiated the redevelopment process.

5140
05:46:57,430 --> 05:47:00,820
The applicant since the first meeting actually worked

5141
05:47:00,820 --> 05:47:03,250
with the property owner and the management company

5142
05:47:03,250 --> 05:47:05,720
to address tenant concerns regarding

5143
05:47:05,720 --> 05:47:09,450
the relocation of these small businesses which included

5144
05:47:09,450 --> 05:47:13,650
extension of leases, broker assistance and other 16

5145
05:47:13,770 --> 05:47:17,810
businesses, approximately nine were relocated within Santa

5146
05:47:17,810 --> 05:47:20,483
Clara and three have relocated out

5147
05:47:20,483 --> 05:47:25,283
and three retired or went out of business.

5148
05:47:25,690 --> 05:47:30,490
So moving on to CEQA evaluation, medicated declaration

5149
05:47:34,232 --> 05:47:36,448
was prepared for this project and it

5150
05:47:36,448 --> 05:47:37,990
did not find any substantial evidence

5151
05:47:37,990 --> 05:47:40,566
that the project will have significant effect

5152
05:47:40,566 --> 05:47:44,205
on the environment and the proposed subdivision

5153
05:47:44,205 --> 05:47:47,298
map is consistent with the approved MND

5154
05:47:47,298 --> 05:47:51,250
and will not result in any new environmental impacts

5155
05:47:51,250 --> 05:47:55,530
or increase the severity of any previously identified impact.

5156
05:47:55,530 --> 05:47:58,760
Therefore no additional environmental analysis

5157
05:47:58,760 --> 05:47:59,190
is required.

5158
05:47:59,190 --> 05:48:03,910
So in conclusion, staff recommended the City Council

5159
05:48:03,910 --> 05:48:07,596
find the proposed subdivision is within the scope --

5160
05:48:07,596 --> 05:48:12,663
it's within the scope of the -- and determined that no further

5161
05:48:12,663 --> 05:48:16,350
environmental review is required and adopt a resolution approving

5162
05:48:16,350 --> 05:48:17,930
the map.

5163
05:48:17,930 --> 05:48:22,410
This concludes my presentation and I'm available for questions.

5164
05:48:22,410 --> 05:48:26,630
>> Before we go to the applicant I'll ask the council if they

5165
05:48:26,630 --> 05:48:28,500
have questions.

5166
05:48:28,500 --> 05:48:30,500
Council member Hardy?

5167
05:48:30,436 --> 05:48:31,380
>> Thank you.

5168
05:48:31,380 --> 05:48:34,196
Very quickly comment you said something very --

5169
05:48:34,196 --> 05:48:37,196
I did not truly understand.

5170
05:48:37,235 --> 05:48:41,418
You said you needed to have windows in the garage doors

5171
05:48:41,418 --> 05:48:43,890
because off site parking concerns?

5172
05:48:43,890 --> 05:48:47,490
That didn't make sense to me.

5173
05:48:48,490 --> 05:48:51,756
Maybe I had a question about demolition.

5174
05:48:51,756 --> 05:48:56,193
The applicant -- I know you raised your hand.

5175
05:48:56,193 --> 05:49:00,155
Gym, we don't call on you yet.

5176
05:49:00,155 --> 05:49:01,724
I got that.

5177
05:49:01,724 --> 05:49:06,750
One of the concerns I have is about demolition.

5178
05:49:06,750 --> 05:49:10,350
When we have vacant shopping centers

5179
05:49:10,434 --> 05:49:15,210
and we see that on the El Camino now with the project that we

5180
05:49:15,210 --> 05:49:20,930
approved, feels like eight years ago, with the vacant buildings,

5181
05:49:20,930 --> 05:49:23,330
can't demolition occur early?

5182
05:49:24,802 --> 05:49:29,756
Can we require that or does that interfere with SB330?

5183
05:49:29,756 --> 05:49:38,156
I want to know what we can do in terms of requiring the developer

5184
05:49:38,720 --> 05:49:44,430
to demolish because that's going to be an attractive nuisance --

5185
05:49:44,430 --> 05:49:45,776
if it isn't already.

5186
05:49:45,776 --> 05:49:48,460
So that's my question on demolition.

5187
05:49:48,460 --> 05:49:50,996
Does anybody else have questions?

5188
05:49:50,996 --> 05:49:52,996
Council member.?

5189
05:49:54,370 --> 05:49:57,345
I have a question about demolition.

5190
05:49:57,345 --> 05:50:01,362
We've seen at least in my district that anytime we have

5191
05:50:01,362 --> 05:50:04,270
demolition of a large project, whether it's remodeling

5192
05:50:04,270 --> 05:50:08,810
of a apartment complex or a shopping site that --

5193
05:50:08,810 --> 05:50:12,956
that usually pushes a lot of rats into the neighborhood.

5194
05:50:12,956 --> 05:50:16,180
Is there anything that can be done to ensure the demolition

5195
05:50:16,180 --> 05:50:17,476
in that remodel --

5196
05:50:17,476 --> 05:50:23,170
do not have this kind of effect on the neighborhood's?

5197
05:50:23,170 --> 05:50:27,930
You can see your bite marks on the trash cans and --

5198
05:50:27,930 --> 05:50:30,506
I want to make sure when we do things comment maybe

5199
05:50:30,506 --> 05:50:32,816
we fumigate and do something in advance

5200
05:50:32,816 --> 05:50:39,416
of a demolition because we have seen this time and time

5201
05:50:40,320 --> 05:50:41,570
>> Anyone else on the council?

5202
05:50:41,570 --> 05:50:43,970
Those are the questions.

5203
05:50:44,170 --> 05:50:47,770
You're getting off easy right now.

5204
05:50:49,876 --> 05:50:52,418
>> Council Hardy's questions comment based on the feedback we

5205
05:50:52,418 --> 05:50:55,290
heard from the community meetings and the feedback we

5206
05:50:55,290 --> 05:50:58,810
heard from the hearing, that residents were concerned about

5207
05:50:58,810 --> 05:51:02,650
parking off site and garages should be used only to park

5208
05:51:02,650 --> 05:51:04,476
their cars and not for storage.

5209
05:51:04,476 --> 05:51:07,690
The development review officer added a condition

5210
05:51:07,690 --> 05:51:10,996
that windows be added to the garage door

5211
05:51:10,996 --> 05:51:15,796
so that to alleviate off street parking concerns.

5212
05:51:16,723 --> 05:51:18,980
>> So you can see in the windows?

5213
05:51:18,980 --> 05:51:20,498
Is that the purpose?

5214
05:51:23,821 --> 05:51:24,321
>> Yes.

5215
05:51:24,321 --> 05:51:26,321
>> Through the window?

5216
05:51:29,447 --> 05:51:31,530
>> To make sure a car is parked inside the garage.

5217
05:51:31,530 --> 05:51:32,778
Not used for storage.

5218
05:51:32,778 --> 05:51:36,430
So the garage door will have some kind of windows

5219
05:51:36,430 --> 05:51:39,818
so they can see a car is parked inside the garage

5220
05:51:39,818 --> 05:51:42,818
and not used for storage.

5221
05:51:47,969 --> 05:51:51,940
>> So you had a question about when we can't acquire demolition

5222
05:51:51,940 --> 05:51:54,823
to occur and what we can acquire.

5223
05:51:54,823 --> 05:51:58,650
The applicant has to apply for a demolition permit

5224
05:51:58,650 --> 05:52:00,493
with the building division.

5225
05:52:00,493 --> 05:52:04,295
As part of that, we could include conditions

5226
05:52:04,295 --> 05:52:07,895
on how it would be faced.

5227
05:52:09,730 --> 05:52:15,130
And then council member parks question was about pests.

5228
05:52:15,226 --> 05:52:18,826
Did I get the question right?

5229
05:52:18,843 --> 05:52:23,378
So can we require -- >> How do we prevent pests,

5230
05:52:23,378 --> 05:52:27,900
rats from going into the neighborhoods from demolition,

5231
05:52:27,900 --> 05:52:31,563
especially for buildings including a market that have

5232
05:52:31,563 --> 05:52:35,163
been abandoned for a long time?

5233
05:52:39,210 --> 05:52:42,210
How can we mitigate that?

5234
05:52:43,490 --> 05:52:45,986
>> Maybe the question can go also to the applicant

5235
05:52:45,986 --> 05:52:50,670
because one of the questions would be is there still material

5236
05:52:50,670 --> 05:52:52,281
inside the market.

5237
05:52:52,281 --> 05:52:55,863
And how are they going to plan to deal with that?

5238
05:52:55,863 --> 05:52:59,970
I would point that to the applicant.

5239
05:52:59,970 --> 05:53:02,802
>> If I can circle back to Hardy's question,

5240
05:53:02,802 --> 05:53:06,930
also on the parking garage -- the garage requiring windows,

5241
05:53:06,930 --> 05:53:10,350
we also have a conditional approval and the architectural

5242
05:53:10,350 --> 05:53:14,490
review standards that -- that these conditions B seven that

5243
05:53:14,490 --> 05:53:17,674
the garage should be used only for vehicle parking use

5244
05:53:17,674 --> 05:53:22,474
and could not be used for storage. (inaudible)

5245
05:53:35,100 --> 05:53:39,210
and following up on Councilmember Parks question,

5246
05:53:39,610 --> 05:53:43,130
the environmental services division oversees this

5247
05:53:43,130 --> 05:53:47,610
and they would also include this as a condition.

5248
05:53:47,610 --> 05:53:48,660
>> Very good.

5249
05:53:48,660 --> 05:53:49,360
Thank you.

5250
05:53:49,360 --> 05:53:54,530
Now we will hear from the applicant and you have I think

5251
05:53:54,530 --> 05:53:55,756
--

5252
05:53:55,756 --> 05:53:57,756
Council member Jain?

5253
05:54:01,157 --> 05:54:03,490
>> I wanted to ask you come with the commercial space --

5254
05:54:03,490 --> 05:54:06,130
are we requiring events and grease traps?

5255
05:54:06,130 --> 05:54:10,330
I didn't see that in the conditions.

5256
05:54:13,869 --> 05:54:14,658
>> Yes.

5257
05:54:14,658 --> 05:54:15,841
Now the applicant?

5258
05:54:15,841 --> 05:54:16,569
Ten minutes.

5259
05:54:16,569 --> 05:54:18,210
Please come forward.

5260
05:54:18,210 --> 05:54:20,610
Do you have that?

5261
05:54:24,130 --> 05:54:25,130
>> Is this Jim Sullivan?

5262
05:54:25,130 --> 05:54:26,210
>> Yes.

5263
05:54:26,210 --> 05:54:29,900
>> Thank you Madam Mayor and members of the Council.

5264
05:54:29,900 --> 05:54:31,796
I had actually a Powerpoint slideshow

5265
05:54:31,796 --> 05:54:33,636
but staff did such a great job.

5266
05:54:33,636 --> 05:54:37,570
Before I begin I want to say that my project

5267
05:54:37,570 --> 05:54:41,770
planner, her supervisor Leslie and Afshan were

5268
05:54:42,250 --> 05:54:45,586
great to work with throughout this entire process.

5269
05:54:45,586 --> 05:54:52,186
I know Council member Jain was at the November 13th community

5270
05:54:52,744 --> 05:54:53,244
meeting.

5271
05:54:53,244 --> 05:54:55,954
I think it was the second meeting that we had,

5272
05:54:55,954 --> 05:55:00,783
director Hamid was there as well and the 38 people at --

5273
05:55:00,783 --> 05:55:02,230
it was chaotic.

5274
05:55:02,230 --> 05:55:06,223
The vast majority of them were the tenants and going to some

5275
05:55:06,223 --> 05:55:08,338
of the earlier comments that were made,

5276
05:55:08,338 --> 05:55:11,490
even though there wasn't a legal obligation --

5277
05:55:11,490 --> 05:55:15,250
all the tenants were given the knowledge of okay,

5278
05:55:15,250 --> 05:55:18,100
you have a year to vacate.

5279
05:55:18,100 --> 05:55:23,100
I push -- and Pulte pushed for the property owner who complied

5280
05:55:23,100 --> 05:55:25,410
with hiring relocation specialist,

5281
05:55:25,770 --> 05:55:29,630
extending terms and helping out with assistance.

5282
05:55:29,630 --> 05:55:34,278
So 13 of the tenants were relocated and nine here

5283
05:55:34,278 --> 05:55:35,650
in the city of Santa Clara.

5284
05:55:35,650 --> 05:55:39,783
I think two others in Sunnydale and one in San Mateo and one

5285
05:55:39,783 --> 05:55:40,596
in Fremont.

5286
05:55:40,596 --> 05:55:44,961
The other thing -- and it came up in --

5287
05:55:44,961 --> 05:55:51,561
more in the DRH meeting or for home that actually cited

5288
05:55:52,210 --> 05:55:53,530
to our site.

5289
05:55:53,530 --> 05:55:55,866
And they had some privacy concerns

5290
05:55:55,866 --> 05:56:00,450
and so I thought that Pulte Homes did a great job going out

5291
05:56:00,450 --> 05:56:03,900
of their way, not a legal obligation

5292
05:56:03,900 --> 05:56:06,900
but saying let's see if we can provide more screening

5293
05:56:06,900 --> 05:56:08,530
trees either within your backyards

5294
05:56:08,530 --> 05:56:10,900
or if we can do it on our site.

5295
05:56:10,900 --> 05:56:12,818
We were able to do it on our site

5296
05:56:12,818 --> 05:56:15,923
and we work with them on the species of trees

5297
05:56:15,923 --> 05:56:19,623
and they were very happy with us moving forward.

5298
05:56:19,623 --> 05:56:24,960
So all in all, the four story product we have primarily along

5299
05:56:24,960 --> 05:56:27,674
the expressway and the three story products we have along

5300
05:56:27,674 --> 05:56:31,723
our Western hedge which is the school,

5301
05:56:31,723 --> 05:56:34,296
the four homeowners as well as McDonald's.

5302
05:56:34,296 --> 05:56:38,610
Touching on some of the questions that came up,

5303
05:56:38,610 --> 05:56:42,938
the two things that were added -- the windows of the garage --

5304
05:56:42,938 --> 05:56:46,810
it's mainly for staff, planning staff likes them because they

5305
05:56:46,810 --> 05:56:50,200
look better and I agree with them.

5306
05:56:50,200 --> 05:56:52,490
Pulte didn't want to do it but we

5307
05:56:52,490 --> 05:56:55,506
agreed to do it just to make sure people didn't use their two

5308
05:56:55,506 --> 05:56:57,554
garage space as storage, which they're not

5309
05:56:57,554 --> 05:57:00,666
allowed to do under the cars putting in effect.

5310
05:57:00,666 --> 05:57:04,670
With regard to the demolition permit,

5311
05:57:04,670 --> 05:57:07,667
Pulte we'll close escrow 30 days after,

5312
05:57:09,345 --> 05:57:10,970
assuming that this project is approved.

5313
05:57:10,970 --> 05:57:13,826
They are in for a demo permit and they've

5314
05:57:13,826 --> 05:57:15,484
been in for some time.

5315
05:57:15,484 --> 05:57:18,780
I know we are also trying to work with the police and fire

5316
05:57:18,780 --> 05:57:18,578
department.

5317
05:57:18,578 --> 05:57:22,810
They like to use it before we demo it for their activities.

5318
05:57:22,810 --> 05:57:27,373
Do Council member parks concern on the rats,

5319
05:57:27,373 --> 05:57:30,610
I know that all of that stuff --

5320
05:57:30,610 --> 05:57:34,290
if we foresee a problem, we have in the past

5321
05:57:34,290 --> 05:57:36,290
had traps along the outside but it

5322
05:57:36,290 --> 05:57:39,900
sounds like the building department will work on

5323
05:57:39,900 --> 05:57:40,878
fumigation requests if necessary.

5324
05:57:40,878 --> 05:57:45,780
With that I'm open to any questions.

5325
05:57:45,114 --> 05:57:50,647
I'm very happy by the way that after DRH, there

5326
05:57:50,647 --> 05:57:51,564
was no appeal to this.

5327
05:57:51,564 --> 05:57:54,226
We did a great job with the tenants on the site

5328
05:57:54,226 --> 05:57:57,956
and with the homeowners that were nearby.

5329
05:57:57,956 --> 05:57:59,133
>> Thank you.

5330
05:57:59,133 --> 05:58:03,933
Council, do you have questions from the applicant?

5331
05:58:03,970 --> 05:58:06,370
We've got 6.5 minutes left.

5332
05:58:07,650 --> 05:58:09,700
Are you sure?

5333
05:58:09,700 --> 05:58:11,875
I'm not forcing you to take it all.

5334
05:58:11,875 --> 05:58:12,375
Okay.

5335
05:58:12,375 --> 05:58:13,324
He's done.

5336
05:58:13,324 --> 05:58:14,592
Very good.

5337
05:58:14,592 --> 05:58:18,777
Now it is a public hearing so I'm going to the public.

5338
05:58:18,777 --> 05:58:20,250
Is there any member of the public

5339
05:58:20,250 --> 05:58:22,906
that would like to speak on this issue?

5340
05:58:22,906 --> 05:58:25,906
Anyone here in the audience?

5341
05:58:25,930 --> 05:58:27,690
Anyone online?

5342
05:58:27,690 --> 05:58:29,556
No one online?

5343
05:58:29,556 --> 05:58:36,756
May I have a motion from Council to close the public hearing?

5344
05:58:37,350 --> 05:58:39,350
Council Member Hardy?

5345
05:58:39,900 --> 05:58:42,100
>> Motion to close public hearing.

5346
05:58:42,100 --> 05:58:45,100
>> Motion by Council Member Hardy and second by Gonzalez

5347
05:58:45,100 --> 05:58:46,500
to close.

5348
05:58:46,500 --> 05:58:49,500
Clerk, when you are ready.

5349
05:58:58,471 --> 05:58:59,983
Chahal?

5350
05:58:59,983 --> 05:59:01,495
Yes.

5351
05:59:01,495 --> 05:59:03,800
Park?

5352
05:59:03,800 --> 05:59:05,800
Yes Jain?

5353
05:59:06,300 --> 05:59:08,300
Yes Gonzalez?

5354
05:59:08,527 --> 05:59:10,527
Yes and Gillmor?

5355
05:59:11,994 --> 05:59:12,494
Yes.

5356
05:59:12,494 --> 05:59:13,910
>> That passes unanimously.

5357
05:59:13,910 --> 05:59:14,885
Council member Hardy?

5358
05:59:14,885 --> 05:59:17,250
I'll make a motion for the recommendation

5359
05:59:17,250 --> 05:59:20,430
from staff to determine the proposed subdivisions

5360
05:59:20,430 --> 05:59:25,830
within the scope of the adopted negative declaration, adopted

5361
05:59:27,650 --> 05:59:31,250
resolution improving the tentative subdivision map

5362
05:59:31,775 --> 05:59:35,282
and I will say when a developer does their work,

5363
05:59:35,282 --> 05:59:36,513
it really helps.

5364
05:59:36,513 --> 05:59:41,547
And it makes us a little more superfluous which is nice.

5365
05:59:41,547 --> 05:59:47,570
And I was thrilled to hear -- go closer to my house

5366
05:59:47,570 --> 05:59:48,730
in my district.

5367
05:59:48,730 --> 05:59:51,130
We didn't lose them.

5368
05:59:51,556 --> 05:59:54,458
>> We have a motion by Council Member Hardy and second

5369
05:59:54,458 --> 05:59:56,458
by Gonzalez.

5370
06:00:01,900 --> 06:00:04,650
>> My question for staff is what actually can we do here?

5371
06:00:04,650 --> 06:00:08,263
This is just the approval of --

5372
06:00:08,263 --> 06:00:11,190
I feel there isn't anything we can do.

5373
06:00:11,190 --> 06:00:12,434
Everything has been done.

5374
06:00:12,434 --> 06:00:15,450
This is just a ministerial approval.

5375
06:00:15,450 --> 06:00:16,863
That's the first question.

5376
06:00:16,863 --> 06:00:20,996
Second thing is I have comments which I remember a time

5377
06:00:20,996 --> 06:00:23,810
when in order to add high density residential,

5378
06:00:23,810 --> 06:00:27,410
we had to justify that residential

5379
06:00:28,700 --> 06:00:30,700
with supportive retail.

5380
06:00:30,860 --> 06:00:34,310
We use a lot of tricky things like horizontal zoning

5381
06:00:34,310 --> 06:00:40,310
and things like that to show that the people we

5382
06:00:40,636 --> 06:00:43,890
are bringing in were being served by the retail.

5383
06:00:43,890 --> 06:00:47,440
And now we're adding high density residential --

5384
06:00:47,440 --> 06:00:49,400
we're removing the support of retail.

5385
06:00:49,400 --> 06:00:51,400
Including a market.

5386
06:00:53,170 --> 06:00:56,670
And we used to have requirements that

5387
06:00:56,670 --> 06:01:00,546
said you have to justify how the retail supports

5388
06:01:00,546 --> 06:01:03,250
the people that you bring in, not just open space.

5389
06:01:03,250 --> 06:01:05,162
But we had a retail requirements and I

5390
06:01:05,162 --> 06:01:07,236
don't know when that went away.

5391
06:01:07,236 --> 06:01:10,130
In this area we lost Save Mart which

5392
06:01:10,130 --> 06:01:13,474
is going to come up later in our year.

5393
06:01:13,474 --> 06:01:15,400
We lost the Galleria.

5394
06:01:15,400 --> 06:01:20,170
We lost Cosentino's and moved from El Camino and took over --

5395
06:01:20,170 --> 06:01:22,303
now we've lost that too.

5396
06:01:22,303 --> 06:01:25,303
But the area here --

5397
06:01:25,830 --> 06:01:29,830
I'm worried about even the -- because it looks like

5398
06:01:29,830 --> 06:01:35,690
the landowners in that area are letting the stores go to pot

5399
06:01:35,690 --> 06:01:36,963
because --

5400
06:01:36,963 --> 06:01:40,630
you go there and the floors are breaking

5401
06:01:40,630 --> 06:01:43,300
and things aren't working calm electrical things aren't

5402
06:01:43,300 --> 06:01:43,530
working.

5403
06:01:43,530 --> 06:01:46,630
It looks like it's ripe for removal and replacement

5404
06:01:46,630 --> 06:01:48,834
with another high density project.

5405
06:01:48,834 --> 06:01:51,723
When I look at the general plan, that

5406
06:01:51,723 --> 06:01:53,754
was supposed to be a mixed use area.

5407
06:01:53,754 --> 06:01:56,990
That's what the zoning was as well.

5408
06:01:56,990 --> 06:02:01,100
One of the reasons I'm on council is because almost 20

5409
06:02:01,100 --> 06:02:04,890
years ago or 15 years ago I was on the General Plan steering

5410
06:02:04,890 --> 06:02:09,627
committee so I know intimately a lot of the high density

5411
06:02:09,627 --> 06:02:15,658
and mixed use places and all the places that we used to have --

5412
06:02:15,658 --> 06:02:17,663
the biggest regional mixed use hub

5413
06:02:17,663 --> 06:02:21,183
that was supposed to also support San Jose

5414
06:02:21,183 --> 06:02:25,120
went to single storey retail with no housing whatsoever.

5415
06:02:25,120 --> 06:02:27,485
There was no mixed use there and I think unfortunately

5416
06:02:27,485 --> 06:02:31,786
that pushed a lot of housing into places where housing

5417
06:02:31,786 --> 06:02:34,186
wasn't the only consideration.

5418
06:02:37,530 --> 06:02:40,850
My concern is by approving this project and projects like this

5419
06:02:40,850 --> 06:02:43,110
and not having a supportive retail plan,

5420
06:02:43,110 --> 06:02:45,830
that we're going to lose retail.

5421
06:02:45,830 --> 06:02:48,706
A lot of council members have already expressed their opinion

5422
06:02:48,706 --> 06:02:51,230
that retail is dead and I'm going to say

5423
06:02:51,230 --> 06:02:53,500
that's only true in the city.

5424
06:02:53,500 --> 06:02:56,103
We look at Sunnyvale, you look at Cupertino --

5425
06:02:56,103 --> 06:02:59,920
Sunnyvale if you look at their budget,

5426
06:02:59,920 --> 06:03:02,770
their number two budget priority is residential supportive retail

5427
06:03:02,770 --> 06:03:05,154
and I think they've done a tremendous job

5428
06:03:05,154 --> 06:03:08,198
but then again, they have a downtown.

5429
06:03:08,198 --> 06:03:10,218
These are the things I worry about when

5430
06:03:10,218 --> 06:03:11,603
we're just bringing in homes.

5431
06:03:11,603 --> 06:03:14,903
The fact that we are bringing in homes and getting rid

5432
06:03:14,903 --> 06:03:18,770
of the retail that was there, I don't know why but I've talked

5433
06:03:18,770 --> 06:03:23,194
to the store owners and they've told me about increasing --

5434
06:03:23,194 --> 06:03:26,683
we lost Baskin Robbins and that was like oh my goodness.

5435
06:03:26,683 --> 06:03:28,990
We lost the pizza place and restaurants.

5436
06:03:28,990 --> 06:03:30,930
How is this possible?

5437
06:03:30,930 --> 06:03:33,750
I feel that we're not doing enough

5438
06:03:33,750 --> 06:03:36,154
to make sure that the people we are bringing in

5439
06:03:36,154 --> 06:03:39,100
are supported by services and retail.

5440
06:03:39,100 --> 06:03:42,426
This attitude of well, people don't want retail.

5441
06:03:42,426 --> 06:03:44,658
People want to shop at Amazon.

5442
06:03:44,658 --> 06:03:46,756
Nobody wants to eat at Amazon.

5443
06:03:46,756 --> 06:03:48,510
I guarantee that's the case.

5444
06:03:48,510 --> 06:03:51,274
When we say we can put more density here because it's being

5445
06:03:51,274 --> 06:03:56,340
served by transportation, I looked at the Clare district

5446
06:03:56,340 --> 06:03:58,580
and they use the fact that there's a train station

5447
06:03:58,580 --> 06:04:05,326
to justify -- very few people take the train to work and like

5448
06:04:05,326 --> 06:04:07,970
nobody takes the train to the market.

5449
06:04:07,970 --> 06:04:10,900
These are the kinds of things I worry about.

5450
06:04:10,900 --> 06:04:15,266
I wish staff would do more to preserve their retail.

5451
06:04:15,266 --> 06:04:20,218
You can't just bring people in and give them nowhere to shop,

5452
06:04:20,218 --> 06:04:21,426
nowhere to go.

5453
06:04:21,426 --> 06:04:23,470
We talk about walkable neighborhoods

5454
06:04:23,470 --> 06:04:26,500
and we don't have places for them to walk.

5455
06:04:26,500 --> 06:04:29,836
Nobody wants to walk to housing places where they don't live.

5456
06:04:29,836 --> 06:04:32,714
At some point we worry about the rats

5457
06:04:32,714 --> 06:04:35,114
going into the neighborhoods.

5458
06:04:37,810 --> 06:04:42,250
But we are not giving the residents any place to go.

5459
06:04:42,250 --> 06:04:46,370
It's unfortunate that all we can do at this point come on I

5460
06:04:46,370 --> 06:04:48,970
talked to Mr. Sullivan and met him outside --

5461
06:04:48,970 --> 06:04:52,750
we didn't go into these issues because it wasn't the time

5462
06:04:52,750 --> 06:04:53,590
or place.

5463
06:04:53,590 --> 06:04:58,263
We talked -- I talked about this a couple years ago but these are

5464
06:04:58,263 --> 06:04:59,330
my concerns.

5465
06:04:59,330 --> 06:05:02,630
At some point we have the applicants here.

5466
06:05:02,630 --> 06:05:06,830
I think the applicants have done what they can with a project

5467
06:05:06,830 --> 06:05:08,558
that they proposed.

5468
06:05:08,558 --> 06:05:12,187
But I'm really talking to staff, to the city

5469
06:05:12,187 --> 06:05:15,746
and asking, how do we make the residents lives better?

5470
06:05:15,746 --> 06:05:19,330
At some point we're supposed to have a planning department, not

5471
06:05:19,330 --> 06:05:20,630
an approval department.

5472
06:05:20,630 --> 06:05:23,430
And through the years I feel and with state law

5473
06:05:23,430 --> 06:05:27,170
and all these other things, that's what we have become.

5474
06:05:27,170 --> 06:05:30,170
>> I would just stop it there because I think someone needs

5475
06:05:30,170 --> 06:05:34,180
to explain to council member Park what Senate Bill 330 means.

5476
06:05:34,180 --> 06:05:38,980
Can someone from the planning department talk about that?

5477
06:05:38,980 --> 06:05:40,756
Our authority over this development

5478
06:05:40,756 --> 06:05:42,730
is significantly limited.

5479
06:05:42,730 --> 06:05:46,943
It doesn't sound like you understand, Council member..

5480
06:05:46,943 --> 06:05:49,778
It significantly limited and the developer

5481
06:05:49,778 --> 06:05:52,240
has chosen to use the state housing

5482
06:05:52,240 --> 06:05:54,700
law that allows waivers and concessions

5483
06:05:54,700 --> 06:05:56,470
from our local development standards.

5484
06:05:56,470 --> 06:06:01,290
That is not something that our planning department or community

5485
06:06:01,290 --> 06:06:03,130
development department invented.

5486
06:06:03,130 --> 06:06:05,800
It's a state of California.

5487
06:06:05,800 --> 06:06:09,362
It doesn't sound like you understand that.

5488
06:06:09,362 --> 06:06:12,643
Can someone clearly explain to him --

5489
06:06:12,643 --> 06:06:14,330
if you understand that we can move on.

5490
06:06:14,330 --> 06:06:18,586
But what you're doing is blaming our department

5491
06:06:18,586 --> 06:06:22,806
and our staff for something that the state has passed.

5492
06:06:22,806 --> 06:06:24,806
It's Senate Bill 330.

5493
06:06:25,250 --> 06:06:27,543
Our hands are tied.

5494
06:06:27,543 --> 06:06:30,730
So all this pontificating about commercial

5495
06:06:30,730 --> 06:06:33,413
and we're doing a terrible job and everything else,

5496
06:06:33,413 --> 06:06:35,960
tell that to the state of California

5497
06:06:35,960 --> 06:06:39,500
but severely limits what we can do for these properties.

5498
06:06:39,500 --> 06:06:43,140
I will move on unless there is a question in there somewhere.

5499
06:06:43,140 --> 06:06:45,610
We need to move on.

5500
06:06:45,610 --> 06:06:50,461
I don't want to hear repeats because I, it's 12:03.

5501
06:06:53,000 --> 06:06:54,583
I'll stop and ask the council how long

5502
06:06:54,583 --> 06:06:56,946
you want to continue moving on this evening.

5503
06:06:56,946 --> 06:06:59,466
We won't stop the meeting now obviously.

5504
06:06:59,466 --> 06:07:02,466
And make you come back.

5505
06:07:02,560 --> 06:07:06,690
Council member Hardy, can you make a motion

5506
06:07:06,690 --> 06:07:09,690
or a vice mayor Gonzalez?

5507
06:07:09,730 --> 06:07:13,930
>> Motion to continue the meeting only until 12:30

5508
06:07:16,582 --> 06:07:18,582
or less.

5509
06:07:18,869 --> 06:07:19,884
>> Is there a second?

5510
06:07:19,884 --> 06:07:21,176
>> We might want to amend that.

5511
06:07:21,176 --> 06:07:23,738
The next couple of items in front of you

5512
06:07:23,738 --> 06:07:27,500
actually require action by you in order

5513
06:07:27,500 --> 06:07:31,194
to be timely back to the grand jury.

5514
06:07:31,194 --> 06:07:33,423
>> What do you mean back to the grand jury?

5515
06:07:33,423 --> 06:07:35,569
And we're not staying past that.

5516
06:07:35,569 --> 06:07:38,222
There's no way we're going to get through those items.

5517
06:07:38,222 --> 06:07:41,130
I'll tell you right now.

5518
06:07:41,130 --> 06:07:42,930
>> They're pretty straightforward.

5519
06:07:42,930 --> 06:07:44,930
>> Nothing is straightforward with this council.

5520
06:07:44,930 --> 06:07:46,500
I'm sorry to argue.

5521
06:07:46,500 --> 06:07:48,500
There's nothing straightforward.

5522
06:07:51,824 --> 06:07:52,407
>> (inaudible)

5523
06:07:52,407 --> 06:07:58,751
>> I'll amend my motion for we will not go past 1:00am.

5524
06:07:58,751 --> 06:08:01,376
>> Even if we don't finish those we're done whether we finished

5525
06:08:01,376 --> 06:08:01,950
or not.

5526
06:08:01,950 --> 06:08:04,906
I would ask to send a notice to the grand jury

5527
06:08:04,906 --> 06:08:06,267
that ours will be delayed.

5528
06:08:06,267 --> 06:08:09,810
We can hear it on the 15th.

5529
06:08:09,810 --> 06:08:13,170
>> Appreciate that and I was informed we have an option

5530
06:08:13,170 --> 06:08:16,578
potentially before that because you've got a special meeting set

5531
06:08:16,578 --> 06:08:18,570
up for interviews on September 1st.

5532
06:08:18,570 --> 06:08:21,943
If we don't finish we can add this to that.

5533
06:08:21,943 --> 06:08:22,896
>> Very good.

5534
06:08:22,896 --> 06:08:25,896
So now we're back to 12:30.

5535
06:08:27,833 --> 06:08:29,833
Thank you.

5536
06:08:31,559 --> 06:08:33,226
we have a motion by Council Member Hardy

5537
06:08:33,226 --> 06:08:36,826
and seconded by Vice Mayor Gonzalez.

5538
06:08:37,910 --> 06:08:39,910
12:30 finishing this item.

5539
06:08:40,623 --> 06:08:42,623
>> Council member Chahal?

5540
06:08:45,263 --> 06:08:46,750
Hardy?

5541
06:08:46,750 --> 06:08:48,238
Yes.

5542
06:08:48,238 --> 06:08:49,726
Park?

5543
06:08:49,726 --> 06:08:51,270
Abstain.

5544
06:08:51,270 --> 06:08:52,216
Jain?

5545
06:08:52,216 --> 06:08:53,163
Yes.

5546
06:08:53,163 --> 06:08:54,109
Gonzalez?

5547
06:08:54,109 --> 06:08:56,109
Yes.

5548
06:08:57,391 --> 06:08:57,891
Gillmor?

5549
06:08:57,891 --> 06:08:58,391
Yes.

5550
06:08:58,391 --> 06:09:00,250
>> That passes five with one abstention.

5551
06:09:00,250 --> 06:09:01,370
Thank you.

5552
06:09:01,370 --> 06:09:02,370
I'm sorry.

5553
06:09:02,370 --> 06:09:05,326
There was a question in there in the beginning

5554
06:09:05,326 --> 06:09:09,526
if you'd like to answer that please.

5555
06:09:09,690 --> 06:09:13,116
>> I believe council member parks question was about retail

5556
06:09:13,116 --> 06:09:17,316
and how much retail the applicant provides.

5557
06:09:19,690 --> 06:09:23,250
The applicant used the state density Bonus concession

5558
06:09:23,250 --> 06:09:26,520
analysis because they provided the affordable housing

5559
06:09:26,520 --> 06:09:31,920
as required by our economist. (inaudible) so they were

5560
06:09:32,249 --> 06:09:38,210
required to provide 22,215ft² of retail and using this concession

5561
06:09:38,210 --> 06:09:40,538
they are currently providing 4091,

5562
06:09:40,538 --> 06:09:45,338
close to 5000ft² of retail which is -- .

5563
06:09:47,930 --> 06:09:49,836
>> And that's what they can legally --

5564
06:09:49,836 --> 06:09:53,300
>> That's what we can legally require.

5565
06:09:53,300 --> 06:09:57,996
To use the concession -- granted by the state density --

5566
06:09:57,996 --> 06:10:02,258
>> And it's state law like -- thank you very much.

5567
06:10:02,258 --> 06:10:03,943
Council member Park?

5568
06:10:03,943 --> 06:10:05,943
Without repeating?

5569
06:10:07,210 --> 06:10:10,900
>> At some point this is for robust discussion and I can talk

5570
06:10:10,900 --> 06:10:12,900
about other things.

5571
06:10:12,996 --> 06:10:15,463
>> There's discussion and then there's --

5572
06:10:15,463 --> 06:10:18,463
and yours is a monologue.

5573
06:10:23,395 --> 06:10:24,895
>> Mine is a discussion and it is --

5574
06:10:24,895 --> 06:10:28,198
it is instructional to staff which is when we look

5575
06:10:28,198 --> 06:10:33,450
at Sunnyvale, Sunnyvale tells people what they want to.

5576
06:10:33,450 --> 06:10:36,642
They've got zoning, which tells people what they want to.

5577
06:10:36,642 --> 06:10:41,540
They advertise this is what we want the city to look like.

5578
06:10:41,540 --> 06:10:46,454
The zoning such as ITR< industrial to residential they

5579
06:10:46,808 --> 06:10:49,350
have things where they say this is currently this but this is

5580
06:10:49,350 --> 06:10:50,970
what we would like to be.

5581
06:10:50,970 --> 06:10:55,661
They have a vision for their city which is not just we have

5582
06:10:55,661 --> 06:10:58,876
a general plan come up we have this general plan they have --

5583
06:10:58,876 --> 06:11:00,850
they have zoning which tells people this is

5584
06:11:00,850 --> 06:11:02,820
what we would like to be there.

5585
06:11:02,820 --> 06:11:04,412
This is what they do.

5586
06:11:04,412 --> 06:11:10,290
When we say well, we're just going to look at our city

5587
06:11:10,290 --> 06:11:16,890
and accept any state law backed project that comes to us,

5588
06:11:23,130 --> 06:11:27,194
I think it's a shame that we're not

5589
06:11:27,194 --> 06:11:29,736
managing our expectations and vision for the city in a better

5590
06:11:29,736 --> 06:11:30,530
way.

5591
06:11:30,530 --> 06:11:33,450
There's so many different ways we can do that.

5592
06:11:33,450 --> 06:11:35,934
I wants to know come on how do we tell developers

5593
06:11:35,934 --> 06:11:38,386
that this is a mixed use place?

5594
06:11:38,386 --> 06:11:43,215
Even though you can come you can use state laws to go around

5595
06:11:43,215 --> 06:11:46,930
this, how do we encourage the developers

5596
06:11:46,930 --> 06:11:50,262
and how do we advertise to developers that this

5597
06:11:50,262 --> 06:11:52,544
is what we want to do?

5598
06:11:52,544 --> 06:11:58,810
Other cities do this and for the mayor to cut me off and say that

5599
06:11:58,810 --> 06:12:02,850
these are not relevant -- it's very rude.

5600
06:12:02,850 --> 06:12:04,400
Is unfortunate.

5601
06:12:04,400 --> 06:12:05,623
When we say nothing is straightforward

5602
06:12:05,623 --> 06:12:09,470
with the council, I think it starts with the chair.

5603
06:12:09,470 --> 06:12:13,866
I'd like to know how we can tell people come developers

5604
06:12:13,866 --> 06:12:18,307
that this is what we want and how we can do a better

5605
06:12:18,307 --> 06:12:21,710
job to hold onto the vision we made for our City

5606
06:12:21,710 --> 06:12:23,850
and General plan which has been overstated

5607
06:12:23,850 --> 06:12:27,618
and overrun with housing problems with minimal retail.

5608
06:12:27,618 --> 06:12:30,346
I can promise you the city of Sunnyvale

5609
06:12:30,346 --> 06:12:32,130
and the cities you mentioned also

5610
06:12:32,130 --> 06:12:34,870
follows state law exactly like we do.

5611
06:12:34,870 --> 06:12:36,870
City manager?

5612
06:12:46,808 --> 06:12:49,100
>> Don't want to debate the sentiment you're expressing

5613
06:12:49,100 --> 06:12:50,684
because I agree with part of it.

5614
06:12:50,684 --> 06:12:53,114
I will say, we have a zoning code

5615
06:12:53,114 --> 06:12:55,290
just like our neighboring municipalities.

5616
06:12:55,290 --> 06:12:59,170
We have a general plan just like our neighboring municipalities

5617
06:12:59,170 --> 06:13:03,740
and Santa Clara has adopted a number of specific plans

5618
06:13:03,740 --> 06:13:09,740
that I think we actually have seven, where we specifically

5619
06:13:10,630 --> 06:13:16,210
studied parts of the city and envisioned a different future.

5620
06:13:16,210 --> 06:13:18,598
Unfortunately we have the reality

5621
06:13:18,598 --> 06:13:21,283
that Sunnyvale has as well where state law has taken away

5622
06:13:21,283 --> 06:13:23,242
a lot of our local control.

5623
06:13:23,242 --> 06:13:26,836
We oftentimes like to compare ourselves to other cities.

5624
06:13:26,836 --> 06:13:29,836
Certainly revitalizing and rebuilding these

5625
06:13:30,490 --> 06:13:35,356
is a big important thing that we all know we are focused on.

5626
06:13:35,356 --> 06:13:39,622
Other cities are actually -- for some of the things that we have

5627
06:13:39,622 --> 06:13:40,122
to.

5628
06:13:40,122 --> 06:13:44,290
I share your sentiment but know that it is an unfortunate

5629
06:13:44,290 --> 06:13:47,330
landscape that we find ourselves in.

5630
06:13:47,330 --> 06:13:49,940
>> Assistant city Clerk, whenever you're ready.

5631
06:13:49,940 --> 06:13:54,534
A motion by Council member Hardy and second by Gonzalez.

5632
06:13:54,534 --> 06:13:58,134
For the recommendation of approval of.

5633
06:14:14,282 --> 06:14:16,282
[calling vote]

5634
06:14:28,521 --> 06:14:30,934
>> And that passes five yes, one abstention.

5635
06:14:30,934 --> 06:14:32,751
And it passes.

5636
06:14:32,751 --> 06:14:34,626
Thank you and thank you all for your patience

5637
06:14:34,626 --> 06:14:35,970
and staying so late.

5638
06:14:35,970 --> 06:14:37,930
We appreciate it.

5639
06:14:37,930 --> 06:14:40,930
We're moving after number seven.

5640
06:14:41,640 --> 06:14:43,640
We have continued.

5641
06:14:44,770 --> 06:14:47,586
Number eight, action on city Council's response to the Santa

5642
06:14:47,586 --> 06:14:50,730
Clara County Civil Grand jury report

5643
06:14:50,730 --> 06:14:54,330
entitled Pothole Damage Improving Claims processes

5644
06:14:54,440 --> 06:14:56,840
within Santa Clara County.

5645
06:14:57,170 --> 06:14:59,170
City manager?

5646
06:15:04,970 --> 06:15:05,555
>> Chief assistant city attorney --

5647
06:15:05,555 --> 06:15:08,500
so he will present on this item.

5648
06:15:08,500 --> 06:15:08,770
>> Hi Sue.

5649
06:15:08,770 --> 06:15:09,800
Thank you for staying.

5650
06:15:09,800 --> 06:15:11,800
We appreciate it.

5651
06:15:16,770 --> 06:15:18,900
Good evening.

5652
06:15:18,900 --> 06:15:21,690
Good morning. (inaudible) is this better?

5653
06:15:24,663 --> 06:15:27,434
Good morning mayor and council members.

5654
06:15:27,434 --> 06:15:34,450
This evening we are going to be discussing the civil grand jury

5655
06:15:34,450 --> 06:15:38,650
report (inaudible) and it was issued countywide.

5656
06:15:46,990 --> 06:15:50,590
It reviewed data and had findings

5657
06:15:51,802 --> 06:15:56,666
and issued recommendations that were applicable to the county

5658
06:15:56,666 --> 06:16:02,666
as well as all of the cities within the county.

5659
06:16:03,570 --> 06:16:10,410
Civil Grand jury -- the county over a five year period from

5660
06:16:10,410 --> 06:16:12,410
2020 to 2025.

5661
06:16:13,980 --> 06:16:16,298
Public agencies were asked to provide

5662
06:16:16,298 --> 06:16:18,850
the claims and their responses to the claims.

5663
06:16:18,850 --> 06:16:20,146
Among other things.

5664
06:16:20,146 --> 06:16:24,490
The civil grand jury concluded that public agencies

5665
06:16:24,490 --> 06:16:28,300
should make the claims process simpler and more accessible

5666
06:16:28,300 --> 06:16:30,300
for members of public.

5667
06:16:30,300 --> 06:16:32,758
The grand jury identified four primary areas

5668
06:16:32,758 --> 06:16:35,760
in which they believe improvements can be found

5669
06:16:35,760 --> 06:16:40,210
and the response processes used by the cities.

5670
06:16:40,210 --> 06:16:46,210
First, make online claims forms available or easier to find.

5671
06:16:51,760 --> 06:16:53,426
I thought I had already advanced to that slide.

5672
06:16:53,426 --> 06:16:54,102
My apologies.

5673
06:16:54,102 --> 06:16:57,722
The first is to make online claims forms available

5674
06:16:57,722 --> 06:17:01,930
or easier to find and include clear instructions

5675
06:17:01,930 --> 06:17:02,911
and timelines.

5676
06:17:02,911 --> 06:17:07,210
The second is to provide forms in multiple languages that

5677
06:17:07,210 --> 06:17:09,556
reflect their specific demographics,

5678
06:17:09,556 --> 06:17:11,556
city specific demographics.

5679
06:17:12,100 --> 06:17:14,990
The third is to make it easier for plaintiffs

5680
06:17:14,990 --> 06:17:19,160
to determine which jurisdiction is responsible for any given

5681
06:17:19,160 --> 06:17:19,516
roadway.

5682
06:17:19,516 --> 06:17:25,516
And the last was city should update rejection letters on

5683
06:17:25,870 --> 06:17:28,938
to specify why claims have been denied.

5684
06:17:28,938 --> 06:17:33,547
Not all of these issues or findings apply to the city.

5685
06:17:33,547 --> 06:17:35,970
As we go through the findings and recommendations

5686
06:17:35,970 --> 06:17:43,170
you'll see we are already in a plants with some of these.

5687
06:17:53,501 --> 06:17:58,301
>> There are four sets of findings and recommendations.

5688
06:18:04,170 --> 06:18:09,458
So as a bit of background, the penal code

5689
06:18:09,458 --> 06:18:13,276
is what governs responses to this with these grand jury

5690
06:18:13,276 --> 06:18:13,970
reports.

5691
06:18:13,970 --> 06:18:19,138
So that is all -- just one set of options for responses

5692
06:18:19,138 --> 06:18:22,602
to the findings section of the report and another set

5693
06:18:22,602 --> 06:18:26,202
of options for -- the recommendations.

5694
06:18:26,380 --> 06:18:30,326
We'll discuss first the findings section of the Grand Jury

5695
06:18:30,326 --> 06:18:30,826
report.

5696
06:18:30,826 --> 06:18:33,900
We have two options.

5697
06:18:33,900 --> 06:18:35,620
Number one, that we as a respondent

5698
06:18:35,620 --> 06:18:38,314
agree with the findings or number two,

5699
06:18:38,314 --> 06:18:41,970
that we as a respondent disagree, either in full

5700
06:18:41,970 --> 06:18:44,150
or in part, with the finding.

5701
06:18:44,150 --> 06:18:47,256
And if we disagree either in full or in part,

5702
06:18:47,256 --> 06:18:51,423
we have to specify which portion of the finding --

5703
06:18:51,423 --> 06:18:54,970
and explain why we are disagreeing with it.

5704
06:18:54,970 --> 06:18:58,570
With respect to the recommendations section

5705
06:18:59,223 --> 06:19:03,746
of Grand jury report, we have four options.

5706
06:19:03,746 --> 06:19:08,240
The first is that the recommendation has already

5707
06:19:08,240 --> 06:19:09,420
been implemented.

5708
06:19:09,420 --> 06:19:12,629
We are already in compliance with the recommended action.

5709
06:19:12,629 --> 06:19:15,570
The second is that the recommendation has not yet

5710
06:19:15,570 --> 06:19:21,570
been implemented but will be with the expected time frame.

5711
06:19:22,690 --> 06:19:25,770
The third is essentially we're not sure.

5712
06:19:25,770 --> 06:19:31,146
We require 330oz of an exclamation of that analysis,

5713
06:19:31,146 --> 06:19:35,130
smoke and counter of what we intend to study,

5714
06:19:35,130 --> 06:19:38,730
timeline and things of that nature.

5715
06:19:46,612 --> 06:19:46,622
>> We're saying we're not going to implement the recommendation

5716
06:19:46,622 --> 06:19:50,270
because it's not warranted or reasonable and then our reasons

5717
06:19:50,270 --> 06:19:51,400
why.

5718
06:19:51,400 --> 06:19:55,250
So in terms of the findings and recommendations in this report,

5719
06:19:55,250 --> 06:19:59,770
the first finding -- we had to provide a response.

5720
06:19:59,770 --> 06:20:01,850
There's no associated recommendations.

5721
06:20:01,850 --> 06:20:07,850
Essentially the findings stating -- their review of the --

5722
06:20:08,970 --> 06:20:10,970
claims dated --

5723
06:20:11,223 --> 06:20:13,223
2022 2025.

5724
06:20:22,500 --> 06:20:25,370
This figure is based on the countywide data

5725
06:20:25,370 --> 06:20:28,314
we haven't seen so we're relying on the grand jury's

5726
06:20:28,314 --> 06:20:29,890
analysis of it.

5727
06:20:29,890 --> 06:20:33,266
We're trying to respond to the grand jury's analysis

5728
06:20:33,266 --> 06:20:37,466
but it's not our data and not.