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. >> all right. Good afternoon, everyone. Welcome please to call to order this meeting of the sales city council for the afternoon may

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7th. >> toni, would you please call the roll hermanas present torres cohen present ortiz present davis here on don kendall this foley barcia

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present kamei here me in here. >> you have a quorum. Thank you very much.

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>> now if you're able please stand and join us in the pledge of allegiance organization

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whether it's thank you. Today's invocation will be given by viet hado, executive

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producer of viet hai entertainment councilmember ortiz will tell us more. >> thank you, mayor. Want to begin my month

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of invocations by honoring may as an important milestone for our vietnamese american

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community. This month 49 years ago marks the official admittance of the first group of vietnamese refugees to the city of san jose.

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>> to honor that legacy I want to introduce miss doe viet ha, a lifelong performer trained

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at the school of arts in saigon where she was valedictorian. Since arriving in san jose,

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ms.. Viet hai has dedicated her voice to campaigning for democratic and human rights in vietnam and commemorating the fall of saigon.

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>> throughout northern california. She's a regular fixture at events where her performance upholds the saigon's spirit. Now I'd like to introduce ms.

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viet ha to take it away and I believe my staff member will provide translation.

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>> thank you. This is one of the more recent stories of hundreds and

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hundreds of vietnamese women after the hanoi regime's of the south vietnam followed by the

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fall of saigon on april 30, 1975. It's always the woman the wife

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,the mother who takes the lead to safeguard her family. It's the woman accepted to be

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separated from her loved one so that he could be in a safer place.

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>> it's the woman who accepted to stay back to take care of the kids and the parents

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of both families. It's the woman who blamed for the prisoner of the war.

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>> her husband too escaped the persecution to fight liberty. She took the lead.

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she planned. She accepted the worst and that perhaps never ever being able

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to see each other again. Dame jones would be in the night.

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I buried the oil for your escape by mrs. North vietnam and mr. Lavin.

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she was. We just wanted to do long lines

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though to the time june o june only the good lord knew the will o I need june to avoid you

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to my loving to you you o o the beginning who knew no o knew no to hiv o o should be shipped to

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me he would choose no. O o me you o o o o the year knew no o o five only dublin

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morning o anybody is I for some benefit? No no no sun and no no no no

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me you fool you when no good men my ability o morning noon so still o noon my jimbo you do

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o zombie here no in some place o my stories o anyone do you know my songs o 0000dd my go to

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zombie no chains no go shoes oh no you who sing children's song no good you do not the new moon

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and o 0000 o I famously don't me do hymns my body some voices some no o new and new each one

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does this morning don't belong to food you sleep with when o o would be no more but not going

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stars the only movie we stood still no name change you o baby she will be gentle pleasing to

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the 000 some this is not my son's foot. O o foot o.

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000 the new known o o o the new no o o thank you very much. Thank you.

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thank you. Okay. Thank you so much for that

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invocation we're on to ceremonial items and counselor condos ortiz and on if you

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would join me at the podium we will recognize and proclaim national life tonight for fallen firefighters memorial weekend the power they will say yeah oh oh yeah awesome all

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right good afternoon and thank you for joining councilmembers peter ortiz councilmember being

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doan and I as we light the night for fallen fire firefighters a national memorial right here in the city of san jose. This proclamation honors and

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remembers the sacrifices of our heroic fallen firefighters and highlights the importance

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of increasing our efforts to reduce deaths and injuries from fire this past weekend pay

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tribute to the 226 men and women who died in the line of duty in the previous year.

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>> these fallen heroes. Yep. So it's very tragic sorry are a

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tragic reminder of the dangers that firefighters across nation face every day and how important they are to our local communities. We must honor and remember who

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they were and the lives they lived. This year marked the 25th anniversary of this memorial weekend where. Flags were lowered and sirens

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briefly sounded as tribute during. This time the national fallen firefighters foundation invited landmarks fire and community organizations, businesses and

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homes across the nation in participate in lighting the night since its creation the

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light the night for firefighters has expanded to include our san jose fire department and our very own local 230 firefighters representing the firefighters

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of our city to light their homes in red. >> now I'm going to ask

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my colleague councilmember bandwagon to say a few words before fire chief kpnx accepts the proclamation. Thank you. >> thank you.

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>> ladies and gentlemen, thank you so much for being here. We gather to honor our fallen

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firefighters who made the ultimate sacrifice. >> I stand here before you not

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only as a member of the firefighting community but as a retired fire captain.

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so I understand what it is day in and day out what our firefighter sacrifice through

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their many years in my career as a fire captain. >> I've seen firsthand the

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incredible bravery, the selflessness and defined the firefighter profession right

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here in san jose. >> and not only do you do it in their job but they do it even when they're off duty. They go out there and be part of the community support our

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community. >> I had the privilege leading my team into many dangerous

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situation. Knowing that each member willing to sacrifice their life

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to support our residents and to protect each other through the toughest situation to and

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death. I just honor to be part of the great organization san jose

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fire department. >> I understand the profound of the lost of our firefighters

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that has on our colleagues or family in our community. >> scott fay recently just

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passed and his name will be memorialized up in sacramento in october.

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>> his sacrifice is right here in the present with us and every single day our

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firefighters do the same thing and we should not forget that the sacrifice.

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there firefighter give to our community day in and day out. >> it's not because jobs it

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because they love what they do. >> thank you. Good afternoon.

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my name is robert. Step in. It is my honor to serve as the

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fire chief in this great. Good afternoon mayor and council and to our for taking

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time today to recognize our firefighters and to in national light the night for fallen

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firefighters thank you in particular to council members domingo candela, peter ortiz

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and beyond for your leadership on this item today. >> a former fire chief in the

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city of phenix offered the fire service a of thumb when it comes to risk management for

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firefighters. >> very simply risk a lot to save a life risk a little to

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save property risk nothing to save nothing. >> the san jose fire department

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like many fire agencies across the nation take this approach to offer a general leader's

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intent and guidance as our fire first responders enter the zone.

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the fire ground is of course dynamic and fraught with unknowns and all report to

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duty. >> knowing that not all risks can be detected nor avoided.

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>> they also know that they will face risks other than physical trauma at higher

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levels than the general population including cancer heart effects of post-traumatic

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stress and, other dangers. Thankfully it this fire department's history because

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their commitment to our community that our firefighters report to duty every day and

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they deliver the department mission to protect its lives and property I will be reading

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the names of those who have been recognized to have lost their lives in the line of duty

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here in the city of san jose. >> miles mcdermott firefighter 1898 paul firefighter 19 oh six

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richard f brown fire chief 1910 fred w hamley fire captain 1921 peter consolation firefighter

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25 george welch fire captain 1929 star g hylton firefighter 1931 donald e corera

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firefighter 19 63 william andrew fire engineer 1921 robert sparks fire captain 1981

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timothy a strict school fire captain 22 robert francis fire captain 2004 michael jonasson

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battalion chief 2005 ed mcclanahan one firefighter 2006 felix medrano firefighter 2000

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and ten jack soloist firefighter or 2010 jose martinez captain 2012 rick

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wardell fire captain 2015 scott faye fire engineer 2022 I now invite local two 30 present

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matt tuttle. >> I want to thank city council and the mayor city manager for

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the proclamation today. I especially want to thank councilmembers ortiz candela

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and councilmember dumont who is a proud of san jose firefighters for a long time

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and a proud member of san jose firefighters local 230 for a long time.

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>> days and proclamations like these are on an incredible honor to the sacrifice san jose firefighters have lost their lives in line of duty. >> our job is inherently

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dangerous and we run the risk every day of showing up to work whether or not we're going to

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return home to our families, friends and loved ones. But that does not deter us from

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everything for the citizens of this great city the sacrifices should never go in vain and we never want to see another name placed on the wall when it comes to the things

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that have taken too many of our brothers and sisters in the line of duty. Things like cancer and mental health these are two realistic and terrible things that are

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preventable that we should all be fighting for to protect those that protect all of us in

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this city. So with this proclamation I hope we can all have a moment

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of peace and recognize the sacrifice for our brave san jose firefighters who lost their lives the line of duty giving it back to those in this city.

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thank you. May we present a proclamation for service

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? >> councilmember foley please join me at the podium and we will recognize and proclaim may as older americans month. >> thank you.

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before I begin I'd like to invite anyone who identifies as as an older.

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>> here we go as an older american to come down join me including aarp and I see some members of the senior commission here and anyone who is involved in our older

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americans lives please come down and join us. >> today I'm here to proclaim

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may as americans month in the city of san jose. First establish in 1963 I pause

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on that date because I consider myself now an older american born before 63.

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>> thank you very much. Older americans is celebrated each year to recognize older

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adults contributions and reaffirm commitments to serving the older adults in our

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communities. >> in recent years one in two adults in america reported experiencing and that was before covid 19 pandemic cut off so many of us from friends

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loved ones and support systems which exacerbated loneliness and isolation.

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>> this year's theme powered by connection focuses on the profound impact that

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connections have on the well-being and health of adults. >> this is not just about having someone chat with. >> this is about the impact we

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see in these individuals physical and emotional well-being when they access to

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regular community engagement and the folks me are are engaged in community activities

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all over the city of san jose. And I bet some of them can beat you in pickleball by

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recognizing the role that connectedness plays. >> we mitigate issues like

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loneliness and isolation to promote aging in our community. This isolation can lead to

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older adults becoming susceptible to financial scams and frauds.

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so what can we do to celebrate this month? >> host connections centric

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events and programs where older adults can connect with peers, younger adults or promote

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opportunities to engage like cultural activities or recreational activities at our

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community centers and interact virtual events to continue to connect our community to

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resources resources such as transportation options and counseling.

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as a city we must not forget our commitment to affordable housing options that allow our

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residents to age with dignity and independence in their own community.

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additionally, as we continue to improve jose's streets, we must ensure we continue to consider

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how we are making them safer and more accessible for our aging population. >> our entire community benefits when people of all ages, abilities and backgrounds

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have the opportunity to participate and live independently today I'd like to welcome joe glynn from aarp in accepting this proclamation. >> joe has been a volunteer

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aarp and its san jose advocacy team since 2020 and is also the aarp representative on

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san jose's vision zero task force. >> joe has a deep in caregiving

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and transportation issues especially how we can make it more convenient and safer for

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adults to move around in their communities. >> I'd like to invite joe up to say a few before mayor mehan presents the proclamation. Joe, where are you?

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there you are. Thank you, councilmember councilmember foley.

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mayor mehan and my vice mayor combet on a roll. Council members and city staff.

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my name is joe glenn, a longtime for the city of san jose and comes member foley

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indicated a proud volunteer for representing older adults in the san jose community with

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aarp. Along with my colleagues here today. Andy, bridget and deborah we serve as volunteers to advocate for this collective group

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of older americans and on behalf of 70,000 members of aarp in san jose.

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but all adults and residents we are honored to accept the city's proclamation for

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americans month in may. >> we have the ability to celebrate older americans

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challenges. Councilmember foley indicated social relationships meaningful

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connection in our community is essential the health and well-being of us older

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americans and as we try to age in place in this wonderful city it's gratifying to see the

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leadership in this city address issues that are important to older adults in and around our

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community. It's important that we have the ability to have every older

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resident safely have the ability to walk bike ride around our city safely have

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meaningful connections with people all ages. My grandchildren should be safe

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. My children also should be able to be housed and my fellow older americans should enjoy the benefits of aging in and in place in this wonderful city.

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so on behalf of older americans in san jose thank you city for this proclamation that we have

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made one more . >> all right well thank you all

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very much ron tea orders of the day. Does anyone on the council have any changes to the printed agenda? See none.

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we will move to the invocation today's meeting will be adjourned in memory of the incredible incredibly dedicated and outstanding work of pham phu nam who passed away on

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march 20th, 2020 for families of renowned and media figure from northern california who

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advocated for the voice of the vietnamese people with eloquence and, humility pham's

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legacy is one that will continue to inspire, motivate and support generations to come. Councilmember dogan please tell us more.

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>> thank you, mayor. Today we come together to pay tribute to the life and legacy

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of poonam, a cherished member of our community contribution have left an indelible on all

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of us. Born in 1955 in saigon, south vietnam, mr. Nam early years

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were shaped by the bonds of families and the resilience of the spirit amidst the

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turmoil of war. His selfless service the republic of south vietnam navy

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during those terminals time show his unwavering commitment to other fleeing his homeland

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pursuit of american dream. Nam journey to our was a testament to his courage and

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determination despite facing countless obstacle. He never lost sight his goal to

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build a better life for himself ,his family and his community .

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>> upon arrival in san jose now become a beacon of hope and a leader within the vietnamese

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american community. Through his tireless effort with organizations like the

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immigrant resettlement and cultural center and dancin nam worked tirelessly to uplift

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empower others beyond his public contribution. Nam was devoted as devoted

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husband, father and friend. His boundless love and generosity touches the life

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of all who knew him. Leaving a lasting legacy of compassion and kindness as

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we bid farewell to farm poonam ,let us carry forward his spirit of service and

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dedication though he may no longer be with us, his legacy continue to inspire us as

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strive to build a more inclusive and vibrant community for all.

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>> I had the pleasure to work with anam. He was an incredible kind and

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caring human being. I just want to say thank you for allowing us to honor life.

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the legacy of pham punam. May he rest in peace knowing that his impact will on in the

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hearts and minds of all who knew him. Thank you.

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>> a young man like you council member don. Thank you all city council members of the city of san jose . >> last friday I my birthday.

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I turned 28. I passed the california bar by. It was all bittersweet because

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this year my dad is not around anymore. He he passed away march 19,

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2020 in the hospital and I just remember even last year he was still around as he was battling

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brain cancer. He was still around inspiring me and though there was no

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celebration I still as councilmember don beautifully stated.

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his legacy lives on not just me but for all the the next generation of young

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vietnamese-americans who he helped pioneer as a community leader in san jose in the

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county of santa clara. So I hope to do proud. I know others will do him

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proud. I hope to like he did give back to my local community give back

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to the city of san jose the county of santa clara, the state of california and

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ultimately the united states of america. And of course I hope to and I

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know other people will too as well preserve the heritage and culture of vietnamese americans just as he did. Thank you and it's an honor for us to be here today to receive

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the commendation for my husband nam pham who passed away on march 19 and his funeral was

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just about two weeks ago. We have a lot of people coming in and honoring his life and

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last friday my son he just received a bittersweet thing. You know, he'd receive a good

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result from his bar exam and then it bring happiness to our family.

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I hope the two years struggle with my husband illness and then after eight and a half

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moments that I spend in a hospital with him. So thank you very much, major

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man. And then council member being gone for the recognition of my

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husband dedication to the community for over 30 years. So it's an honor for us to be

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here to a commendation on behalf on his behalf. >> thank you very much.

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thank you. We're so very sorry for your loss and.

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it's our honor to adjourn today's city council meeting and tom's honor and memory. Thank you for we are moving on to the closed session report. >> nora thank you, mayor we do

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not have a report out of closed session today. >> thank you, nora. Next is the consent calendar. Are there any items that members of the council would to

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pull from the consent calendar? I believe I have one note. Councilmember patra would like

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to pull item 2.14 for comment. >> is that correct? >> go ahead and feel free to

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make your comment now like you can make the motion as well. Thank you mayor.

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I wanted to pull this 2.14 which is the opportunity to welcome six new youth

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commissioners on our youth commission and it is a real pleasure to see that these

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young people are engaging themselves in the city government in their neighborhoods and really making a difference and positioning themselves where.

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they're going to be running our city governments and they're going to make series of our betters. So I welcome all the six new members who came to the

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commission. I also want to acknowledge that the commissioner from district

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ten nolan. He has been on the commission filling the term of the

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previous commissioner who left before completing two years and we have nominated him to be on

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the commission from district and again this year so he will be filling up the other two

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years and these are the pride of the bright and serving our city in a better way.

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>> so thank you for them for joining us and I welcome them to be able to have the

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opportunity. >> thank you. Council member would you like to move the calendar to prevent ? Okay yeah move to 70.

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consent calendar has a great second with councilmember torres.

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>> thank you toni. Do any public comment. Okay thank you. It's come back to the council ready to vote unanimously right.

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thank you no move on to the land use consent calendar. We have one item.

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item 10.1 a nomination of grace church as a city landmark to the motion so we do have some

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folks from grace baptist church who actually want to say some public comments so we'll go to

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we'll go to the clerk on oh well it looks like we have yep, I got you all right.

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>> I think we may have a hand or two about that but that's okay. Thank you councilmember torres for flagging that and just for anyone who wishes to speak on

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other items. There are a little comment cards down here at the bottom

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of the seating where you can fill out a card. The clerk will collect it but

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feel free. Hi. Good afternoon. I'm jean warder. >> I'm the moderator of grace baptist church.

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we have worked very hard to preserve our church. We had former leadership and a

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pastor who wanted to tear it down and we worked for six months to preserve it.

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>> so you can see how serious we are about this beautiful old building.

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what is new becomes old. >> it doesn't mean we throw it out.

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communities need places of worship as well housing. So we hope very much that you

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will vote to make grace baptist church a landmark it deserves it.

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>> great. Great. Toni do you have any other public that we're aware of? Anyone else line up okay. >> coming back to the council?

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no, that's it. Okay, great. >> so then I don't have any other hands. Let's vote motion passes unanimously on amazon.

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>> okay. Thank you very much. Run to item 3.1 report to the city manager. Thank you mayor, I do not have a report today.

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>> okay. Thank you, jennifer. We're on to item 3.3 amendment to city council policy zero dash 12 requests for policy analysis please we have a brief

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presentation here come sarah there. >> good afternoon, mayor

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councilmen members of the public. My name is sarah saturday.

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I'm the director of the city manager's office of administration policy and

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intergovernmental relations. >> I'm here to speak to you about updates to council policy zero dash 12 in 1980 city council establish council policy zero dash 12 titled

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request for policy analysis otherwise known as council referrals.

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>> this policy was last updated in 2001 and establishes uniform procedures to provide prompt

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and effective staff analysis to policy referrals up until january 2024.

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the process for evaluating proposed council referrals deviated from this council

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policy effectively providing staff insufficient time analyze proposals that provide council

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with thorough analysis a description of tradeoffs and any impacts caused diverting

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resources and staff time from accomplishing council work. >> for years rules was

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receiving a referral memo on friday and staff began its reviews on friday with people

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meeting over the weekend to quickly analyze and try to post an analysis by monday

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afternoon. >> but as you all know too well generally speaking referrals

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are highly complex reflecting the real challenges that your constituents and your districts

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are facing their interdepartmental their inter jurisdictional and often

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require resource allocations council policy zero dash 12 provides a framework to complete more robust analysis by offering a few benefits. >> first, it allows the rules

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committee to play its role in managing policy workload by allowing its members to decide

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staff time should be spent on the analysis before it begins. So while the deviation from

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policy had staff conducting immediately when the memorandums posted under this

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policy at the rules committee meeting, the committee decides to drop defer or requests staff

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analysis. >> second, if the rules committee requests a workload

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analysis staff generally have two weeks to complete their analysis and return to the

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committee for discussion although some may come back the following depending on the

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level of complexity. >> importantly should the referral be of an urgent nature

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the rules committee has a discretion to forward the item directly to city council this

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is something that the rules committee brought up in january and which we was reflected in

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the updated policy being nimble ,responsive to urgent needs is still very much a goal.

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>> also it's important to note that this step is an important is important in an environment

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where we're all operating with limited staff resources. >> third, by allowing staff

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time to complete the analysis the rules committee and council be better able to track and

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manage referrals and prioritize staff resources. >> that is if they direct a workload analysis to be completed, a more robust analysis will support better

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understanding of what is being given up and what the trade offs are.

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>> so in summary by aligning to council policies zero dash 12 you are empowering the rules

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committee to better manage policy workload. >> you're giving staff more time to complete analysis, better interacts with the existing larger council and

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budget direction and you're helping ensure the most important work gets prioritized by allowing for trade off discussions at committee city council today you're also being

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asked to adopt a resolution to amend council policy zero dash 12 we have made any substantive

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changes to the policy rather we've just redundant and outdated terminology and

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included language that allows rules to make findings to expedite a to the city council

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as well as direct the city manager or their designee to bring an annual council

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referral status report to the rules committee. >> lastly, as directed by the

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rules committee in january staff reviewed the existing council referral list and

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identified two council referrals that the administration is recommending to drop those were included in your memorandum as attachment. That concludes my remarks and I

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am happy to any questions? >> great. Thank you toni.

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to every public comment I have cards okay. >> coming back to the council

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40 minutes. >> yeah. Thank you for the presentation. I had a question about one of the items on attachment b the reason of innovation.

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it seems like the agreement has expired. I'm about if you can share what the implications of that is as it relates that project moving forward.

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I know there they actively have meetings and are contemplating sort of what that's going to

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look like. >> thank you councilmember neill rufino from

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petronas is here to speak to that. >> thanks for the question neil

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rufino assistant director for the parks neighborhood services department in of the

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implications of that it does not dissuade us as a department or as a community toward our

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commitment and investment to what we want or would love to be able to do.

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cesar chavez park but we do not have an existing agreement with the preserve innovation group

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and they have asked us to return the money them which we have already done. >> so in terms of this drop we won't be continuing the work with three years of innovation

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as a general organization but there are some efforts already continuing around cesar chavez

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plaza that we are participating in and that we will be involved in and think as most people are

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aware, you know, through broad partnerships some of the improvements that were

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envisioned were already done this past spring. So we want to continue with the

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improvements of cesar chavez plaza but we want to ensure that we have the funding and the time ability to get there done. >> okay.

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all right. >> thank you and I'll move approval second right. Thank seen in another hands toni let's vote motion passes unanimously great thank you.

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>> okay we're on to item 3.4 independent police auditor appointment and compensation and package to have any public comment toni there are no cards .

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okay coming back to the council. Thank you let's vote who made

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the motion on that kills her foley thank you motion passes unanimously great thank you on

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item 5.1 report on bids and award of contract to any public comment there are no cards

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coming back to the council. Great. Thank you.

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let's vote motion pass it motion passes unanimously. >> great.

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thank you. And we're on to item 5.2 report on bids and award of contract any public comment? >> there are no cards. Okay, back to the council.

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do them. >> thank you. Great. Toni you choose. >> let's vote. Okay.

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have a oh that's councilor mendez had a question that second.

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yeah. I'm sorry I fell asleep at the wheel the first find that went to correct but yeah exactly I mean there's similar and what I was curious about is can you

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remind me well before I go there if we're driving down the street there were a lot

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of rain there was a lot of rain not too long ago obviously and some of the conditions of the recently resurfaced streets I see just the conditions were horrible and I know we go out

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there and patch things up and such but can you talk a little bit about what the sort of one

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winces when this is done sort of the warranty if will as it relates to some of the work that's been done and just the how we manage it. Thanks for the question,

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councilmember mendez. Rick scott assistant director do you warranties at least a year so if anything I've never seen anything like please report to us our contractors

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will go out and fix it. Most of the retention has released so we still have a lot of leverage to get those things fixed quickly. >> okay.

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my recollection I think from past questions to 2 to 2 the director of the department is that you all don't do like proactive let's you know identify streets that are but

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but usually they're moving on in the next year of construction so but if there

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are issues again we we can get those fixed for sure okay. All right okay. Thank you. Okay. Thank you very much.

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uh, sir batra's your hand up on this item. Okay.

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5.2 go ahead, councilor. About you just wanted to get a quick question answered when

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you're repaving or resurfacing ,is it automatically that you're putting now high

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visibility crosswalks especially near the schools for yeah, typically it will be high

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visibility crosswalks. >> I mean at the schools. >> yes. Okay. Thank you. That's what I wanted.

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all right. Q what's in the other hands, toni now it's for you.

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>> motion passes. >> great. Thank you very much.

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we're on the open forum opportunity for members of the public to comment on any city

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business that not on today's agenda. >> do we have any cards? I have no cards. >> no cards. Wonderful.

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then we are adjourned. Thank you all very much