WEBVTT

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good afternoon.

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Good afternoon everyone.
Welcome.
>> thank you all for being here

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toni.

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Let's take the role committees

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torez cohen here ortiz present
davis don candelas here foley
here barcia present committee

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here.
>> mahen here welcomes everyone

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to this.
>> oh, thank

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councilmember is here as
well as the open session of the

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city council for NOVEMBER 14th.
And now if you're able please

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stand and join me in the pledge

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of allegiance and the flag
states of america and to the

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republic for which it stands

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one nation under GOD,

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indivisible justice for today's
invocation will be given by

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san jose unmil satsang and

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councilmember will tell

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us more their mayor and council

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members for my second
invocation I have invited a

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neighborhood community satsang

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group from ditton the word
satsang from the sanscrit means

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the gathering of good people

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for the performance
of devotional activities this

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group believes in the knowledge
and wisdom and shrine in the

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indian scriptures on the
connectedness and

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interdependenc of all human

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beings that the world is
praying for peace, love and

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happiness for their families,

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community and all human beings.

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The invoker tion team will
invoke today the divine

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blessings to bestow wisdom on

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the city mayor and the council
members to make decisions for

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the well-being of all the
people of san jose, the country

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and the planet.

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This group was started in 1977

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by four indian families who
migrated to the us and settled
in the beautiful city of san

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jose.

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>> the informally formed group
did not construct a temple, did

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not build a gurdwara but has
regarded the homes of the

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members as temples gurdwaras
and rotate the monthly

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gatherings at each of the
members homes.

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>> the meetings are held on one

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sunday of every month to sing
devotional songs the members

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of this group often attend
hindu temples gurdwaras jain
temples formal places

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of worship available in the bay
area.

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>> now, however, the group
remains vibrant, attracting new

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members from the next

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generations as older members
move on or leave the practice

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of meeting once a month at the

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homes of the members continues

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even during the pandemic, the
group met regularly on zoome

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sabaneta satsang is have joined

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us in person or online to
witness and participate in this

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blissful event at the city
of san jose.

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I request the team of sheetal

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single are not sued and renew

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aurora to perform a invocation

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at our council chambers.
Thank you.

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On behalf of our satsang or
prayer group community and

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fellow residents of the
wonderful city of san jose we

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thank councilmember bartra

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mayor mehan all council
members, staff members for

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inviting us to pray together
with them as they begin the

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work of the people today as
longtime residents of the city

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our families have been part
of and witness to the highly

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commendable growth from a
sleepy small town to a vibrant

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city third largest in
california and the 12th largest

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in the usa.
>> we take pride in the fact

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that san jose has a diverse
population where people live in

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harmony and support each other
thus making this a great place

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to raise a family.
>> our city is also known as

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one of the world's greatest

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innovation hubs which makes it
attractive to live and work in
.

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>> we pray to the divine to
bestow upon us the wisdom and

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intellect to become a community

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that is just and compassionate
always standing up for good

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over evil and choosing

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knowledge over ignorance.
>> we pray that these virtues

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will help make our city the

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safest, cleanest and the
greenest city and will serve as

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a role model city for the world
today we will chant a few

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mantras first to lord ganesh
remover of all obstacles then

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the guide three mantra
considered to be one of the

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most powerful mantras and is an
expression of gratitude and

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praise to the powers

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of transformat, inner growth
and self realization provided
by the radiant light of the

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divine.
We pray for the well-being

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of our city and all of its

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residents of nemaha makhaya

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sude coati summer prayer part

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native american gurumayi leave

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work choose by the city the

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nishina oh to revitalize the

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nursery through early neom but

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to they said he imagi deal
you're now right.

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Oh yeah.

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Oh good I uh that's to through

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any by to go the I said he uh
he did you you know prior to

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that yeah.

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Oh go.

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I saw the three A.M. Vertical

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leave I said he my the know joe

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uh oh oh I thought oh my GOD

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my so I'm sure they coming up

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dude I'm coming oh shown the

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qanda shiny oh thank you thank

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you.

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I was beautiful.
All right we are on the

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ceremonial items we will start
with councilmember ortiz and

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councilmember if you
would join me at the podium we

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will recognize and proclaim

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american diabetes month.

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Welcome please welcome please.
Thank you.
>> hello everybody.

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Let me just raise this a little
bit.

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>> hello everyone.
NOVEMBER is american diabetes

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month a time to promote
awareness of a serious disease

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with potential life threatening
complications.

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>> one in ten americans have

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diabetes of that group.
>> one in five don't know that

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they have it and approximately
one in three american adults

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have pre diabetes.
>> these numbers are only

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increasing and diabetes doesn't
affect everyone equally.

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>> it is significantly more
prominent among communities

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of color and particularly the
black indigenous and latino

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communities.
>> so this month it is an
important time to raise

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awareness of diabetes,
encourage our residents to

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monitor their diabetes and
prediabetes betis risk and

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advocate that all of our
communities can afford and

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access insulin and the
resources they need to manage

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the disease.
>> I'm honored to present this

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proclamation to the community
health partnerships which
represents all our city and

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counties.
Amazing community health

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centers which are on the front
lines in giving our working

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families the robust care they

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need to fight diabetes and all
other health concerns.

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>> now I'd like to invite
dolores alvarado, ceo
of community health
partnerships to give a few

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words.
>> thank you right here very
much.
Thank you.

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Oh great.
Thank you.

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>> good afternoon everyone.
It's my pleasure and my honor

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to be here representing the
community health centers

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of both santa clara county and
san mateo county.
I'm humbled to address the

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honorable members of the
council including the mayor

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of course and special thanks to
you.
Excuse me, councilmember.

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I always call him assemblyman

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councilmember ortiz.
I know I like congressman

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acknowledging diabetes and
bringing to this level because

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that's what it's going to take
to take care of it.
With us today I'd like to

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introduce a couple of very
important groups today as the

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executive staff from geidner
family health center been in

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this county for over 60 years.
We're starting with the current

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ceo MR. Rafael carano who's
behind me, the past ceo, ceo
emeritus raymundo espinosa who

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was with it.

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Yes, who was with gardner for
over thirty five years as well
.
American medical director who's

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been their director for about
30 years and that's DR. Qanda

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mully.
I also have with me sarita

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koelie who's the ceo of a
community health center that

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was started 40 years ago to
serve some of the asian

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immigrants during the vietnam

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war etc. And then behind me is
the most excellent staff we
have several community health

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workers, community health
educators, masters repaired

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folks who conduct a lot
of self-manage in
pre prevention services for our

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community, particularly for the
patients of our clinics.

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>> so they are all in the back.

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If you could raise your hands
that diabetes is deadly and

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expensive chronic disease that
continues to impact our
community health centers,

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patients and all of us as you
well pointed it out for

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example, the rate of adults
diagnosed with diabetes at the

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community health centers is
higher than the county higher
than the state.

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The county is about nine point
six percent, roughly 10 percent

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not a good rate but better than
before.

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Our clinics range between 11
percent and 17 percent.

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Now what's noteworthy about
this is the fact that there's a

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strong relationship between
poverty and high rates
of diabetes.

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>> so that's where we really
need to target our efforts.

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Experts agree that the only way
to address diabetes and other

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chronic diseases is to mobilize
the communities that are most
impacted, have them own and

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come up with their own
decisions coupled with clinical

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intervention.
That's why the clinics are here
health education.

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That's why our health educators
are here and policy policy and

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legislation.
That's why you're all here.

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So perfect combination.
We refer this from the public
health perspective as a

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spectrum of prevention.
There is no one cure.

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There are many cures that have
to come together finally I've

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taken the liberty of bringing
fliers and announcing our next
cohort of diabetes

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self-managemen classes.

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Each of the office should have

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a packet as well as our most
recent directory.

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Happy to send you the e copy so
you can post it on your website

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shared with your constituents.
We provide services in many
languages for for

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self-managemen english,
spanish and vietnamese and

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again thank you very much to
the members of the city council
and special thanks to you.

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>> thank you.
Thank you.

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Thank you so much.
Soliris now I asked the mayor
to please present the

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commendation and we will take a
picture.

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Yes.

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That right.

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Yes.
I thank you for your ride

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councilmember if you'd
like to join me at the podium

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we will recognize and proclaim

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world day of remembrance.
I'm here to proclaim NOVEMBER

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19th as world day
of remembrance alongside well I

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was going to be alongside
vision zero vice chair B.N.

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Doong but he's unavailable
at the moment.
In 2005 the united nations

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adopted world day
of remembrance and
acknowledgment of victims

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of road traffic crashes and
their families.

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>> this event is a somber
remembrance of the lives that

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were needlessly lost in
preventable crashes within our

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city.
>> last year was the deadliest

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year on san jose's roads.
>> we lost sixty five community

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members in twenty twenty two
and have lost forty five

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community members this year all
to roadway fatality.

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These people are not just data

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points they're parents,
grandparents, children sidbury

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ing's friends and neighbors

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every live taken due to road
traffic crashes is a tragedy
that ripples out to many more

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people.
>> it's important to recognize

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that every single fatality on a

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roadway is a tragedy and that

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these crashes not accidents are
entirely preventable.
>> this is also an issue

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of equity as the corridors with
the highest number

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of pedestrian deaths are also
in some of our most

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disadvantaged communities in
2015 the city of san jose

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became a vision zero city with
a commitment to prioritize

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street safety with the goal
of reducing traffic fatalities

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to zero.
>> we're not even close.

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>> unfortunately we've not met
that promise and as a city we

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need to do better as this

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year's world day of remembrance
theme is remember support act

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we take the time today to

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remember those who who we have
lost to preventable crashes.

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We support the families and
communities personally impact

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we support all the crucial work
of our emergency services and
continue to advocate to

00:17:46.363 --> 00:17:48.363
increase funding to add

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additional traffic enforcement
units to our police force.

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>> we act by continuing to
advocate for increased funding

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for infrastructure changes to

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our streets designed to do
speeds and save lives to day we

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are presenting this
proclamation to genum leblanc

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who is a member of the families
for safe streets.

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>> she is joined by her husband

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steve and take a moment to
remember her son kyle leblanc.

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>> families for safe streets
was founded in 2014 by the

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families of loved ones who were

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killed or injured in crashes
and has grown into a national
movement.

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>> these individuals tirelessly
advocate for life saving

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changes to our roadways while
supporting others who have been

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impacted by crashes.
>> our work is far from

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complete as there is still much
more that we need to do to make

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our streets safer for everyone.
>> I hope that everyone will

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continue to be engaged while we

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work through making san jose a
city for people rather than a

00:18:59.537 --> 00:19:01.705
city for cars.
>> and remember san jose please

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slow down in closing let us
continue to hold dear and

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cherish the memories of those
we have lost.

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These needless deaths can be
prevented.

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The answer is in our control as
we continue to work together

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for a safer environment for all
of us.
>> mayor, would you please

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present the proclamation to
gina and steve leblanc and
gina, I'd like you to say a few

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words.
>> am I talking first?

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>> ok, I have to talk first.
Ok, thank you so much

00:19:35.374 --> 00:19:37.374
councilmember

00:19:38.243 --> 00:19:40.945
>> um, yes, we're we're here to
remember actually the hundreds
of people who've died since we

00:19:42.680 --> 00:19:44.649
adopted vision zero in twenty
fifteen hundreds and hundreds

00:19:46.785 --> 00:19:48.419
were over four hundred now I'm
sure and there's also thousands

00:19:50.322 --> 00:19:52.560
of members of our community
who've been injured in graphic

00:19:53.625 --> 00:19:56.160
violence that are suffering
from chronic pain.
You MAY not hear about them

00:19:57.429 --> 00:19:59.998
because they're not reported
but it's it's in the thousands
.

00:20:02.680 --> 00:20:04.680
But I wanted to tell you about

00:20:05.637 --> 00:20:08.390
my son kyle because I get this
opportunity this is a photo
of him.

00:20:09.775 --> 00:20:11.409
He had just turned 18 and was
looking forward to being the

00:20:13.412 --> 00:20:15.414
D.J. At his valentine's dance
prom and high school graduation

00:20:15.414 --> 00:20:17.414
coming up to I'd put together a

00:20:17.549 --> 00:20:19.518
slide show to play at his
graduation party.

00:20:21.487 --> 00:20:24.155
Kyle was creative and brilliant
full of endless energy.
It was like living with a
supernova.

00:20:25.825 --> 00:20:27.793
He was an inventor.
Our little thomas edison.

00:20:29.461 --> 00:20:32.630
He was only five when he built
his first electrical circuit
just like iron man he built

00:20:33.299 --> 00:20:35.534
twelve computers from scratch
from junk parts, network them
all together and his bedroom

00:20:37.690 --> 00:20:38.837
our lights went out.
He created his own cloud.

00:20:41.607 --> 00:20:43.442
He was looking forward to
studying computer networking in

00:20:44.844 --> 00:20:47.345
college and had the dream
of one day working for google.
Three weeks after his 18th

00:20:48.914 --> 00:20:50.782
birthday kyle was walking to
the kerchner light rail station

00:20:52.651 --> 00:20:54.586
in san jose when he was killed
by the driver of a tow truck.

00:20:55.956 --> 00:20:58.757
>> kyle never came home.
He left a half eaten bag
of popcorn on his bed that

00:20:59.892 --> 00:21:02.600
after seven years I still can't
throw away.

00:21:04.130 --> 00:21:06.598
>> it must be the mommy and
me wishing he will come home to
finish the popcorn but I know

00:21:08.101 --> 00:21:09.835
he never will.
And the slide show I just made

00:21:11.605 --> 00:21:13.939
for graduation was played
at his funeral.
>> I've always wondered what

00:21:15.808 --> 00:21:17.776
amazing creation kyle would
have invented for all of us and

00:21:18.811 --> 00:21:20.578
now we will never know as
councilmember said these

00:21:22.615 --> 00:21:25.170
crashes on our streets like
kyle's are not inevitable.
They're preventable and they're

00:21:26.786 --> 00:21:29.688
not accidents.
They're crashes.
>> there are three parts to

00:21:31.157 --> 00:21:33.226
world day of remembrance as you
heard remember support and act.

00:21:34.761 --> 00:21:36.829
It is not enough just to
remember.

00:21:38.631 --> 00:21:41.133
So I'm here to ask the city
leaders in san jose to act and
act urgently.

00:21:42.703 --> 00:21:45.304
>> a few months ago the city
of san mateo announced they
would reduce speeds in thirteen

00:21:46.840 --> 00:21:48.474
school zones to fifteen miles
per hour.

00:21:49.743 --> 00:21:51.710
Last month san francisco
declared they would institute

00:21:54.615 --> 00:21:56.448
no right turn on red citywide.
Well where is san jose's bold

00:21:58.719 --> 00:22:00.820
declaration we can do this to?
>> where is our action?

00:22:01.655 --> 00:22:04.356
Why is safe mobility not a top
priority in our city?
My son was just trying to

00:22:06.160 --> 00:22:08.227
access public transit and he
shouldn't have to be killed on

00:22:09.964 --> 00:22:11.797
the way this year I was in
sacramento advocating with

00:22:14.167 --> 00:22:16.167
families for safe streets for

00:22:18.720 --> 00:22:20.720
our speed camera pilot program

00:22:21.408 --> 00:22:24.210
which passed yay but I have
heard that because of city
bureaucracy it MAY not be till

00:22:25.246 --> 00:22:27.313
twenty twenty five or later
till we start this program and

00:22:29.383 --> 00:22:31.383
I urge you whatever we can do

00:22:32.987 --> 00:22:35.788
to get this going next year so
we can save lives we have the
tools to make our streets safer

00:22:37.458 --> 00:22:39.626
but we need the leaders on
board and we need to act with
urgency.

00:22:41.128 --> 00:22:43.363
All of these people who've lost
their lives or have been
injured by traffic violence on

00:22:45.265 --> 00:22:47.265
our streets matter.

00:23:24.806 --> 00:23:27.174
Kyle matters plesac now thank
you
.

00:23:29.644 --> 00:23:31.644
>> and councilmember dwan, if

00:23:32.547 --> 00:23:34.547
you'd like to stay here we will

00:23:36.718 --> 00:23:38.352
recognize selena and when
selena come on down.

00:23:51.600 --> 00:23:53.768
Thank you, ma'am.
Thank you for being here today
.

00:23:55.300 --> 00:23:56.670
It is my distinct honor to
present a commendation to a

00:23:59.441 --> 00:24:01.175
remarkable individual who has
exemplified the outstand

00:24:03.945 --> 00:24:05.879
leadership and community
dedication selena win, a

00:24:07.716 --> 00:24:09.716
student at androgel high school

00:24:11.386 --> 00:24:13.154
has not only set an inspiring
example for her peers but also

00:24:15.123 --> 00:24:16.857
made a significant impact on
our community through her

00:24:19.428 --> 00:24:21.428
initiative the gold star

00:24:23.310 --> 00:24:25.310
volleyball program for girl for

00:24:26.601 --> 00:24:28.536
girls age from 11 to 14 at 73
community center selena

00:24:31.307 --> 00:24:33.307
commitment to this program goes

00:24:34.420 --> 00:24:35.876
far beyond the technical aspect
of volleyball, she has taken

00:24:38.481 --> 00:24:40.381
upon herself to provide these
young girls the crucial

00:24:43.152 --> 00:24:45.152
emotional support and guidance

00:24:46.455 --> 00:24:48.560
nurturing their development and
not just athlete but as future

00:24:50.860 --> 00:24:52.693
leaders.
>> what truly set selena apart

00:24:55.264 --> 00:24:57.264
from her unyielding unyielding

00:24:57.533 --> 00:24:59.533
determination, she's actively

00:25:05.975 --> 00:25:07.975
raising funds for program

00:25:10.146 --> 00:25:12.146
essential showing over her

00:25:13.616 --> 00:25:15.350
visionary outlook extend beyond
the present see invision

00:25:17.420 --> 00:25:19.254
expanding this program in
upcoming years with the

00:25:21.524 --> 00:25:23.158
inclusion of professional coach
ensuring its sustainability and

00:25:24.828 --> 00:25:26.828
growth.

00:25:28.798 --> 00:25:30.798
But selena extraordinary

00:25:32.535 --> 00:25:34.436
contribution do not end there.
She is a dedicated girl scout

00:25:36.806 --> 00:25:38.540
actively participating in a
community organization that

00:25:41.444 --> 00:25:43.178
values service and leadership.
She also share her culture

00:25:45.147 --> 00:25:47.147
heritage by teaching the

00:25:48.918 --> 00:25:50.918
vietnamese language at the

00:25:52.689 --> 00:25:54.856
young vietnamese school bring
in generational and cultural
gaps.

00:25:57.227 --> 00:25:59.227
Her dedication to personal

00:25:59.796 --> 00:26:01.731
development is evidence in her
practice of auvinen martial

00:26:03.900 --> 00:26:05.434
arts a testament to her
commitment to physical and

00:26:08.205 --> 00:26:10.172
mental well-being.
>> furthermore, selena has

00:26:11.141 --> 00:26:13.141
taken the helm as a leader in

00:26:14.677 --> 00:26:16.646
her school health occupational
student of america

00:26:19.416 --> 00:26:21.416
demonstrating her commitment to

00:26:22.686 --> 00:26:24.854
a field that impact the
well-being of many as the icing

00:26:26.756 --> 00:26:28.757
on the cake she has been chosen
to lead and to heal high school

00:26:30.460 --> 00:26:32.460
present for the twenty twenty

00:26:34.331 --> 00:26:36.650
three to twenty twenty fourth
term a testament to her peers

00:26:38.635 --> 00:26:40.635
trust and her leadership

00:26:42.206 --> 00:26:44.206
ability selina win journey and

00:26:45.676 --> 00:26:47.643
achievements thus far as an
inspiration not just to young

00:26:50.414 --> 00:26:52.414
girls she mentor in the gold

00:26:53.984 --> 00:26:55.684
star volleyball program but to
all of us her motive forces

00:26:57.855 --> 00:26:59.689
approach to leadership
community involvement and

00:27:02.292 --> 00:27:04.260
personal development serve as a
shining example what a young

00:27:05.496 --> 00:27:07.130
leader can accomplish when guy
with passion, empathy and

00:27:09.990 --> 00:27:10.800
relentless drive to make
positive impact and recognition

00:27:14.204 --> 00:27:16.204
of selina win outstanding

00:27:16.974 --> 00:27:18.608
contribution and her unwavering
commitment to the to better our

00:27:21.812 --> 00:27:23.446
community.
>> I am proud to present

00:27:26.284 --> 00:27:28.284
accommodation to her.

00:27:28.819 --> 00:27:31.540
Selina, your achievement or a
source of inspiration to us all

00:27:33.758 --> 00:27:35.725
and your dedication serve as a
beacon of hope for the future.

00:27:38.262 --> 00:27:40.262
may you continue to shine

00:27:41.320 --> 00:27:42.733
brightly in your endeavors
guiding other with your

00:27:44.101 --> 00:27:46.101
exceptional leadership and

00:27:48.730 --> 00:27:50.730
unwavering commitment to our

00:27:52.477 --> 00:27:54.477
community.

00:28:03.488 --> 00:28:05.957
Thank you and would you like to
say a few words?
>> if I knew being would say

00:28:05.957 --> 00:28:08.526
all of that I would have
mentally prepared a little bit
more.
But thank you
councilmember afternoon

00:28:08.526 --> 00:28:10.294
esteemed council members and
everyone present my name is

00:28:11.796 --> 00:28:14.310
selina going and I'm a high
school student and I am a girl
scout and I'm working on

00:28:15.434 --> 00:28:17.468
my gold award.
Um, I'm here to recognize and

00:28:19.237 --> 00:28:21.380
give my thanks for this to
me or mahan and

00:28:22.941 --> 00:28:24.808
councilmember and his
team uh, I would also like to

00:28:26.144 --> 00:28:27.978
thank kim ross and even young
at the community center and

00:28:31.150 --> 00:28:32.983
also every individual that
helped me expand and give

00:28:34.319 --> 00:28:35.953
insight and also support
my program without their help

00:28:38.123 --> 00:28:40.958
without their support I
wouldn't have been here today.
I'm here because the gold star

00:28:42.527 --> 00:28:44.161
volleyball program which I have
stablish just this previous

00:28:47.245 --> 00:28:50.100
summer at my local community
center seven trees allowed
me to reach out to young
girls with the passion

00:28:50.169 --> 00:28:52.169
of volleyball.

00:28:53.304 --> 00:28:55.473
>> gold star taught me not just
how to coach my players and

00:28:57.943 --> 00:28:59.943
coach a team but also how

00:29:01.313 --> 00:29:03.470
important it is to have this
recreational program in order

00:29:05.384 --> 00:29:07.319
to establish this nurturing
environment especially for the

00:29:09.689 --> 00:29:11.723
young generation in my case
especially for the girls I try

00:29:13.726 --> 00:29:15.560
to build this program to build
a safe environment in a field

00:29:17.530 --> 00:29:19.464
where sports can be very male
dominated and in case

00:29:21.234 --> 00:29:23.670
of volleyball it can be very
expensive because goldstar

00:29:24.937 --> 00:29:27.105
isn't just a volleyball club,
it's a place where each
girls recogniz they are a

00:29:28.374 --> 00:29:30.308
star.
>> it's kind of corny I know,

00:29:33.212 --> 00:29:35.647
but it helps bring that energy
back beyond the court and into
their lives and back to the

00:29:36.983 --> 00:29:39.840
community.
So thank you so much for this
opportunity.

00:30:24.297 --> 00:30:26.399
>> thank you again for this
opportunity for
all right.

00:30:26.399 --> 00:30:28.399
>> we're on two orders of the

00:30:29.202 --> 00:30:31.570
day.
Does anyone on the council have
any changes to the printed

00:30:32.239 --> 00:30:35.141
agenda?
>> yes, mayor, I'd like to
defer item four point three as

00:30:36.477 --> 00:30:39.377
staff is going to bring back to
the public safety committee
back in APRIL.

00:30:43.416 --> 00:30:45.416
>> twenty twenty four.

00:30:47.187 --> 00:30:49.722
Ok, uh and uh so we need a
motion a second on that.
>> that was your motion all

00:30:50.857 --> 00:30:53.359
yeah.
So then the second point three
yes.

00:30:54.160 --> 00:30:57.620
>> moving to four or four point
three and you need a motion or
it's good and then I think we

00:30:57.931 --> 00:30:59.532
had a couple of seconds there.
>> thank you

00:31:02.369 --> 00:31:03.936
councilmember that.
>> uh any other changes the

00:31:06.974 --> 00:31:08.708
printed agenda.
Ok, do we have public comment

00:31:20.154 --> 00:31:22.154
on the order of the day?

00:31:23.724 --> 00:31:25.724
>> no, we have our hands cut

00:31:27.461 --> 00:31:30.970
you ready for me to start
voting yes.
>> sorry I thought you said you

00:31:30.970 --> 00:31:32.598
had one hand.
No, I said I had no hands.
No hands.
>> I apologize.

00:31:38.305 --> 00:31:40.173
Let's vote.
Thank you.

00:31:42.342 --> 00:31:44.277
>> motion passes unanimously
of those present.
Great.

00:31:45.146 --> 00:31:47.146
Thank you toni.

00:31:49.550 --> 00:31:51.852
Ok, we're on to the close
session report north.
>> thank you mayor.

00:31:51.852 --> 00:31:54.155
We do not have a report out
of closed session today.
Great.

00:31:54.155 --> 00:31:56.155
Thank onto the consent

00:31:57.592 --> 00:32:00.260
calendar.
Are there any items the council
would like to pull from the

00:32:00.728 --> 00:32:02.764
consent calendar?
And I believe we have to I

00:32:02.764 --> 00:32:05.299
don't know if there are others
but I'll just call out the two

00:32:05.299 --> 00:32:06.867
I'm aware of councilor that one
would like to pull two point

00:32:08.837 --> 00:32:10.837
eight councilor tears would

00:32:12.540 --> 00:32:14.540
like to pull fadem to ten.

00:32:16.611 --> 00:32:18.345
>> are there any other items?
Ok, let's take those and turn

00:32:20.315 --> 00:32:22.382
for comments and questions and
we'll see after the second item

00:32:23.471 --> 00:32:25.920
if we're able to make a motion
on the entire calendar.
Otherwise if we need to we'll
do separate motions and

00:32:28.220 --> 00:32:29.657
separate votes.
>> councilor one on item two

00:32:31.426 --> 00:32:33.600
point eight this is actions
related to activate two

00:32:35.263 --> 00:32:37.263
overnight warming locations

00:32:39.300 --> 00:32:41.340
during the cold weather season
and I know you had comments.

00:32:44.390 --> 00:32:46.340
Thank you, mayor.
Good afternoon, mayor and city
council member.

00:32:47.776 --> 00:32:49.910
>> thank you for taking this
time to discuss the activation
that the overnight warming

00:32:51.847 --> 00:32:53.847
location.

00:32:54.850 --> 00:32:56.617
>> I totally library I want our
community to know that we've

00:32:58.554 --> 00:33:00.421
been taking steps to respond to
the pressing needs of our

00:33:02.591 --> 00:33:04.591
residents both house and the

00:33:06.762 --> 00:33:08.696
house within our community the
talli branch library located in

00:33:11.660 --> 00:33:13.660
district seven is a site with

00:33:13.968 --> 00:33:15.536
historical relevance to the our
program due to its frequency

00:33:18.607 --> 00:33:20.607
activation.

00:33:21.343 --> 00:33:23.377
>> it's a warming location, its
proximity to nearby homeless

00:33:26.181 --> 00:33:27.915
encampments once again has been
chosen chosen to be as in our

00:33:29.451 --> 00:33:31.451
site for current and cold

00:33:34.900 --> 00:33:35.823
weather season.
It's a decision rooted in the

00:33:37.559 --> 00:33:39.827
commitment to support those in
need of adverse weather
condition.

00:33:42.798 --> 00:33:44.399
>> this initiative involved a
collective effort for multiple

00:33:45.701 --> 00:33:47.701
entities including scelzi

00:33:49.472 --> 00:33:51.305
housing department prns library
fire public service and

00:33:53.476 --> 00:33:55.577
san jose police department and
home first.

00:33:57.146 --> 00:33:59.470
>> what we are aware that home
first off is the first

00:34:00.650 --> 00:34:03.284
headlines with some of very
concerned allegation.
>> we must have faith in the

00:34:05.200 --> 00:34:06.888
process that the truth will
come out over time and we must

00:34:09.910 --> 00:34:11.910
address the needs of those who

00:34:12.628 --> 00:34:14.495
most need right now to help our
most vulnerable.

00:34:16.265 --> 00:34:18.633
>> we must also ensure the
safety and cleaning of the

00:34:19.969 --> 00:34:21.936
immediate area are met for all
of residents of san jose.

00:34:23.907 --> 00:34:25.907
>> the housing department has

00:34:27.577 --> 00:34:29.410
assured us that additional
measures have been taken to

00:34:31.547 --> 00:34:34.149
ensure the smooth functional
of the program and have
guarantee the cleanliness and

00:34:36.180 --> 00:34:37.652
maintenance of the site to
ensure a seamless transition to

00:34:39.923 --> 00:34:41.923
regular programing during

00:34:43.493 --> 00:34:45.427
daytime hours and that families
always feel safe.

00:34:47.797 --> 00:34:49.664
Humphries has stated that two
security guards would be

00:34:51.334 --> 00:34:53.100
optimal and are needed during
the time and it is my hope that

00:34:54.571 --> 00:34:56.405
the housing department find a
way to fund one additional

00:34:58.775 --> 00:35:00.810
security guard to meet this
important needs for this

00:35:03.180 --> 00:35:05.180
location during this the hour

00:35:06.316 --> 00:35:08.251
operation season test program
is a reflection of our

00:35:11.210 --> 00:35:13.210
commitment to the well-being

00:35:14.190 --> 00:35:16.125
of all of our community members
that stand as a beacon of hope

00:35:18.695 --> 00:35:21.310
and practical solution to
address immediate needs during

00:35:21.310 --> 00:35:23.310
the challenge of cold weather

00:35:25.603 --> 00:35:27.536
condition.
>> thank you.

00:35:29.306 --> 00:35:31.506
Thank you councilmember were
you I appreciate your comments
today.

00:35:33.176 --> 00:35:35.176
>> you want to direct a

00:35:36.946 --> 00:35:38.481
question to staff was that
sufficient on I'll move on

00:35:39.650 --> 00:35:41.484
unless you yeah.
>> just go ahead and allow

00:35:43.554 --> 00:35:45.888
councilmember to question
ok the good councilmember or
next on this item.

00:35:47.491 --> 00:35:49.225
Go ahead.
Thank you mayor.

00:35:52.195 --> 00:35:54.195
Thank you mayor.

00:35:54.799 --> 00:35:56.966
I want to thank staff from
housing wherever you guys are.
Thanks.

00:35:58.903 --> 00:36:00.870
Staff from housing puranas
library and all departments

00:36:02.806 --> 00:36:04.641
that worked hard to put these
locations together as

00:36:06.377 --> 00:36:08.344
councilmember had has
mentioned it's of utmost

00:36:10.815 --> 00:36:12.549
importance that we act swiftly
to provide this lifeline who

00:36:15.180 --> 00:36:17.180
are un housed residents.

00:36:19.980 --> 00:36:20.957
That being said, the approval
of another temporary contract
with home first comes at a time

00:36:23.600 --> 00:36:25.600
when there are serious

00:36:25.696 --> 00:36:27.430
allegations with regards to how
staff are being treated in in

00:36:29.534 --> 00:36:31.901
addition to previous
allegations of discriminatory
firing.

00:36:33.871 --> 00:36:35.505
A san jose spotlit article this
weekend reports on allegations

00:36:38.760 --> 00:36:39.910
from former home first
employees that that stated that

00:36:42.113 --> 00:36:43.847
an H.R. Manager complained that
home first hired too many

00:36:46.183 --> 00:36:48.183
mexicans quote unquote and

00:36:49.754 --> 00:36:51.321
tallit employees by race as
well as allegations of wage

00:36:53.224 --> 00:36:55.192
theft.
>> spotlight reports verifying

00:36:57.762 --> 00:37:00.640
these claims by reviewing the
employee's email records.

00:37:02.330 --> 00:37:04.330
>> so I have a question for a

00:37:04.468 --> 00:37:06.468
representative from home first

00:37:11.810 --> 00:37:13.810
if one is available.

00:37:16.130 --> 00:37:17.881
>> thank you.
Thank you councilmember.

00:37:20.852 --> 00:37:22.786
>> given new concerns laid out
about the culture and workplace

00:37:24.156 --> 00:37:26.560
environment, how are you
responding to reestablish trust

00:37:27.625 --> 00:37:30.328
with the workforce and the
community?
Well, our staff are here today

00:37:31.796 --> 00:37:34.231
to represent themselves and
many of them would like to
speak so I'll leave that to

00:37:35.768 --> 00:37:38.469
them.
>> we actually hired our
attorney to come in and review

00:37:40.105 --> 00:37:41.872
the records of the five
employees in question and she

00:37:43.410 --> 00:37:44.809
wrote a memo to our board
saying that if she found

00:37:47.780 --> 00:37:49.470
nothing wrong with the files
and that if she had to do it

00:37:51.216 --> 00:37:53.350
again we should do it the exact
same way my board felt very
comfortable with that number

00:37:54.753 --> 00:37:57.355
one.
>> number two, we've activated
our counsel.

00:37:59.910 --> 00:38:00.858
We have a very active diversity
equity and inclusion council

00:38:02.794 --> 00:38:05.960
and they review our policies
and procedures.
They reviewed our employee

00:38:06.432 --> 00:38:08.299
handbook.
They reviewed our hiring

00:38:10.369 --> 00:38:12.170
policies and our onboarding
policy so far and we're going

00:38:14.139 --> 00:38:16.607
to set them to reviewing our
termination policies so that we
can make sure we're completely

00:38:17.943 --> 00:38:19.510
equitable in everything that we
do.

00:38:20.880 --> 00:38:22.880
>> mm hmm.

00:38:24.883 --> 00:38:27.586
Ok, so it sounds like you're
going to have this dti
committee review your firing
practices.

00:38:29.880 --> 00:38:31.389
>> that's the one thing that
you're going to do to change.
Absolutely.

00:38:33.359 --> 00:38:35.760
And we'll also work with liebe
to check out our shelters and
get any feedback or

00:38:36.896 --> 00:38:39.630
recommendation we can from
them.
>> ok, all right.

00:38:40.320 --> 00:38:42.000
Thank you.
I have a follow question for

00:38:42.735 --> 00:38:44.735
staff as I remember from the

00:38:57.684 --> 00:38:59.684
housing department can be

00:39:04.791 --> 00:39:06.791
present.

00:39:08.995 --> 00:39:11.797
>> thank you.
During the OCTOBER twenty
fourth how has it gone during

00:39:12.732 --> 00:39:15.000
the OCTOBER 24th city council
meeting?
The memo passed by

00:39:16.970 --> 00:39:18.937
councilmember directed
staff to closely monitor home

00:39:21.307 --> 00:39:23.307
first performance in all city

00:39:24.677 --> 00:39:26.612
contracts including any issues
with their staff and ensure

00:39:28.781 --> 00:39:30.783
contract performance metrics is
are met.

00:39:30.783 --> 00:39:32.783
I wanted to ask how the housing

00:39:34.754 --> 00:39:36.754
department plans to to monitor

00:39:38.925 --> 00:39:40.860
these issues.
i councilmember reagan

00:39:42.829 --> 00:39:44.829
hettinger with the housing

00:39:45.866 --> 00:39:47.866
department.

00:39:50.270 --> 00:39:52.270
We monitor all of our contracts

00:39:53.807 --> 00:39:55.875
in the same way and the same
procedures.

00:39:57.845 --> 00:39:59.845
The first area that we monitor

00:40:02.160 --> 00:40:04.216
is there financial spending,
their progress on spending but
also what they're spending

00:40:06.286 --> 00:40:08.286
money on.

00:40:09.123 --> 00:40:10.890
So all of our contracts are
reimbursement based so every an

00:40:13.227 --> 00:40:14.994
entity submits an invoice for
payment to the city along with

00:40:17.130 --> 00:40:19.130
all of their backup

00:40:20.901 --> 00:40:22.901
documentation time sheets,

00:40:30.894 --> 00:40:32.410
receipts we review their
spending and their backup
documentation to ensure that
their spending on track not

00:40:33.113 --> 00:40:35.113
overspend or under spending but

00:40:37.485 --> 00:40:39.180
also that they're spending on
all allowable or eligible

00:40:41.188 --> 00:40:43.222
expenses.
>> so we review their spending

00:40:45.826 --> 00:40:47.826
monthly and then the second

00:40:50.164 --> 00:40:52.164
area that we monitor is on

00:40:53.330 --> 00:40:54.601
their outcome measures and
their activities that are in

00:40:57.471 --> 00:40:59.471
their contract.

00:41:01.420 --> 00:41:03.420
So an example of an activity I

00:41:04.110 --> 00:41:06.460
refer to it often as a widget
so it's things we can count.

00:41:07.815 --> 00:41:09.950
For example, a number of the
number of case management

00:41:13.321 --> 00:41:15.321
sessions those are the types

00:41:15.890 --> 00:41:18.225
of activities but all of our
contracts also have outcome
measures.

00:41:20.294 --> 00:41:22.294
So often those outcome measures

00:41:23.664 --> 00:41:26.132
are people connected to
permanent housing or interim
housing.

00:41:28.269 --> 00:41:29.869
Those are the things that are
most important to the housing

00:41:31.373 --> 00:41:33.206
department.
So we monitor and measure those

00:41:35.410 --> 00:41:37.410
activities and outcomes on a

00:41:39.180 --> 00:41:40.681
quarterly basis based on
reports provided by our

00:41:43.840 --> 00:41:44.918
contractor.
But we often go and verify the

00:41:47.550 --> 00:41:49.423
data in our homeless management
and information system database
.

00:41:51.392 --> 00:41:53.392
We'll do a review verification

00:41:54.963 --> 00:41:56.997
of the data submitted to us.
So those are the two areas

00:41:59.000 --> 00:42:01.569
where we're where we have a
contractual obligation to
monitor the amount that they're

00:42:03.538 --> 00:42:05.538
spending, how they're spending

00:42:06.808 --> 00:42:09.710
it and are they spending it
correctly and then are we the
city getting what we paid for

00:42:11.279 --> 00:42:13.279
in terms of the activities and

00:42:15.830 --> 00:42:17.830
the outcomes that we're

00:42:18.653 --> 00:42:20.653
contractually obligated and one

00:42:22.230 --> 00:42:23.991
last thing that we do is we
monitor what we consider high

00:42:26.940 --> 00:42:27.928
risk contracts and that can
often be with entities that

00:42:30.650 --> 00:42:31.699
have a high dollar figure
of money that they're receiving

00:42:34.403 --> 00:42:36.403
from the city.

00:42:38.173 --> 00:42:40.173
We monitor those contracts a

00:42:42.378 --> 00:42:44.412
bit more closely with onsite
desk monitoring of their files

00:42:46.149 --> 00:42:48.149
to make sure they have adequate

00:42:49.351 --> 00:42:51.720
backup documentation of all
of the contracts that they have
adequate time card records for

00:42:57.159 --> 00:42:59.270
example.
So we do that on site as well.

00:43:01.397 --> 00:43:02.931
But those are the primary ways
that we monitor her their

00:43:05.000 --> 00:43:07.101
performance.
So it sounds like to me correct

00:43:08.971 --> 00:43:10.806
me if I'm wrong, but the
department's interpretation

00:43:12.675 --> 00:43:14.275
of councilmemb tours is
directive for staff to closely

00:43:15.844 --> 00:43:18.547
monitor her home.
First performance is
essentially to do what you're

00:43:20.315 --> 00:43:22.785
already been doing and to not
change that pattern based on
them.

00:43:24.120 --> 00:43:25.987
>> well, that's what we have a
contractual obligation for

00:43:27.957 --> 00:43:30.920
councilmember what's written
in our contracts.

00:43:32.462 --> 00:43:34.462
I don't necessarily have the

00:43:36.199 --> 00:43:38.467
authority to intervene or
monitor their personnel
matters.

00:43:40.360 --> 00:43:42.300
Nobody's asking to do personal
matters.

00:43:43.373 --> 00:43:45.608
I never asked one second to
mention personnel matters so

00:43:47.477 --> 00:43:49.100
ok, well I got to admit that
I'm underwhelmed with both

00:43:51.380 --> 00:43:53.449
statements from the housing
department and from home first.

00:43:54.584 --> 00:43:57.520
I mean personally it seems like
things are just going to
continue the way they are and

00:43:58.154 --> 00:44:00.989
essentially ignore it.
And I appreciate staff being
here but I also saw the email

00:44:02.625 --> 00:44:04.827
from the executive director
asking to be here.

00:44:07.630 --> 00:44:09.598
So you know, I don't think this
is like oh, let's go out to the
city council meeting.

00:44:10.734 --> 00:44:12.401
>> you all were asked to be
here but I think it's important

00:44:14.505 --> 00:44:16.906
that these questions are asked
and that we're creating a sense
of transparenc for our

00:44:18.208 --> 00:44:21.430
community and advocates to
understand.
You know, hopefully we are

00:44:22.379 --> 00:44:24.413
going to be monitoring this
situation and you know,

00:44:24.948 --> 00:44:27.283
personally I feel like a lot
of our homeless service

00:44:29.886 --> 00:44:31.521
contracts need to go out for a
bit because we need to make

00:44:33.490 --> 00:44:35.570
sure that we're getting the
return on investment for our

00:44:37.394 --> 00:44:39.394
our taxpayer dollars.

00:44:40.998 --> 00:44:43.599
But I recognize the importance
of having this this contract
go through due to the short

00:44:44.835 --> 00:44:46.702
turnaround and that we are
going to need to put these our

00:44:48.238 --> 00:44:50.306
locations up sooner rather than
later.

00:44:52.409 --> 00:44:54.476
>> so I look forward to the
next competitive bid process.

00:44:56.480 --> 00:44:58.214
>> councilmember ortiz, if I
could just also add russell, a

00:44:59.350 --> 00:45:01.651
deputy city manager in acting
housing director we certainly
understand the council's

00:45:03.387 --> 00:45:04.854
concerns about the allegations
particularly regarding

00:45:07.925 --> 00:45:10.600
discrimination
and I just wanted to point out

00:45:12.229 --> 00:45:14.164
that the city has a standard
grant agreement which requires

00:45:16.234 --> 00:45:18.234
compliance with all laws

00:45:20.437 --> 00:45:23.173
including discrimination
specifically section fourteen.
>> so I just wanted to point

00:45:24.709 --> 00:45:26.275
that out and obviously our
remedy if we find that

00:45:28.412 --> 00:45:30.647
something has been violated,
obviously the city has the
option to terminate the

00:45:32.183 --> 00:45:34.984
contract.
>> so I just want to assure the
mayor and the council that if

00:45:36.954 --> 00:45:39.220
anything should arise in the
future that there is a way with

00:45:43.227 --> 00:45:45.227
which the city the staff can

00:45:46.330 --> 00:45:48.330
can address it that you would

00:45:50.635 --> 00:45:52.369
councilmember choice.
>> good afternoon and thank you

00:45:54.380 --> 00:45:55.539
for for answering
councilmember question

00:46:04.949 --> 00:46:07.184
questions.
So my questions I think it's on

00:46:09.688 --> 00:46:11.455
and I know there's some serious
allegations that we've been

00:46:13.224 --> 00:46:15.392
hearing and continue to hear so
it's very unfortunate.

00:46:16.961 --> 00:46:18.961
>> but when I met with you

00:46:20.765 --> 00:46:22.700
yesterday, roslyn and ragan,
my question was does our city

00:46:28.139 --> 00:46:31.740
have the bandwidth to run these
owles and I know the answer but
we're in a public setting so I

00:46:31.610 --> 00:46:33.444
think it's important that I ask
it in a public setting.

00:46:35.514 --> 00:46:37.481
>> so thank you
councilmember and we

00:46:40.190 --> 00:46:42.219
responded that no the city star
city in does not have the
bandwidth.

00:46:43.922 --> 00:46:45.523
Our staff does not have the
bandwidth to run these to our

00:46:50.562 --> 00:46:53.464
locations this winter.
>> ok, and so I'm thank you for
your for your answer.

00:46:54.800 --> 00:46:56.800
>> I'm not I'm not happy with

00:46:58.904 --> 00:47:00.671
the internal issues happening
at home first but as an elected

00:47:09.949 --> 00:47:12.183
official I cannot in good
conscience strike down a

00:47:12.551 --> 00:47:14.653
contract without a plan b too
much is at stake and I will be
grudgingly voting yes on this

00:47:14.653 --> 00:47:16.653
contract overnight.

00:47:17.623 --> 00:47:19.157
Warming locations are critical
to the survival of our own

00:47:21.600 --> 00:47:23.562
health community.
>> as we saw last year we had
the coldest and the wettest

00:47:24.663 --> 00:47:27.298
winter.
It ended in JUNE.
>> right.

00:47:28.868 --> 00:47:30.868
And so you know, I'm going to

00:47:32.437 --> 00:47:34.437
continue to look forward on

00:47:36.275 --> 00:47:38.343
having more conversation and
hopefully that we can actually

00:47:39.880 --> 00:47:42.381
put some teeth to to the memo
that I submitted regarding the
concerns that we have with home

00:47:43.649 --> 00:47:45.649
first.

00:47:47.320 --> 00:47:49.320
>> so thank you.

00:47:51.391 --> 00:47:53.324
Thank you for bartra.
Thank you, mayor.

00:47:56.128 --> 00:47:58.128
In terms of this particular

00:47:59.899 --> 00:48:01.666
contract and this vendor, there
are two items which we are

00:48:04.236 --> 00:48:06.236
responsible for are the housing

00:48:08.107 --> 00:48:10.107
is responsible for one is their

00:48:11.578 --> 00:48:13.746
service which we contract with
them which means how they treat

00:48:15.800 --> 00:48:17.800
people who are coming to get

00:48:19.850 --> 00:48:20.919
the overnight warming services.
>> and second part is due your

00:48:23.990 --> 00:48:25.990
financial things which you

00:48:26.860 --> 00:48:28.860
describe how closely your

00:48:30.664 --> 00:48:32.364
monitor I want to know in terms
of choosing a vendor how was

00:48:34.934 --> 00:48:36.468
their performance last year
when they ran our warming

00:48:42.576 --> 00:48:44.576
session?

00:48:46.346 --> 00:48:48.181
>> plaisance when we
competitively bid for a service

00:48:50.584 --> 00:48:52.584
councilmember do typically

00:48:54.554 --> 00:48:56.554
score based on an entity's past

00:48:58.458 --> 00:49:00.458
performance.

00:49:01.729 --> 00:49:03.562
>> there is a scoring item for
that so that is factored in.

00:49:05.766 --> 00:49:07.766
How have they performed?

00:49:09.736 --> 00:49:11.736
Did they meet previous contract

00:49:12.640 --> 00:49:14.540
outcomes and objectives?
>> so this is a very difficult

00:49:17.344 --> 00:49:19.344
staffing kind of an operation.

00:49:20.681 --> 00:49:22.949
>> you know, for solving the
overnight warming session were

00:49:25.319 --> 00:49:27.487
they able to bring the staff as
required or were they short

00:49:32.293 --> 00:49:34.293
of staff most of the time or do

00:49:37.640 --> 00:49:39.640
you know any of those numbers

00:49:40.534 --> 00:49:42.268
hiring for our overnight
warming locations is tradition

00:49:44.838 --> 00:49:46.838
generally very difficult?

00:49:48.750 --> 00:49:50.750
You're looking for a part time

00:49:52.154 --> 00:49:53.679
seasonal worker and someone who
is willing and able to work an

00:49:55.783 --> 00:49:57.783
overnight shift.

00:49:59.754 --> 00:50:01.754
So that's not a it's not very

00:50:03.924 --> 00:50:05.559
easy to find individuals who
want that type of work so so we

00:50:08.162 --> 00:50:10.730
had satisfactory services for
the people who came to use the

00:50:18.973 --> 00:50:20.973
overnight stations lorenson but

00:50:22.760 --> 00:50:23.810
right home first has met their
obligations councilmember of

00:50:25.613 --> 00:50:27.447
that if that's what your
question is and I will add that

00:50:29.517 --> 00:50:31.652
the this particular type
of work it's an emergency

00:50:34.221 --> 00:50:36.221
response and we are putting

00:50:37.158 --> 00:50:39.158
home first in an imperfect

00:50:41.162 --> 00:50:42.762
situation and they perform
quite well and very difficult

00:50:44.666 --> 00:50:46.533
circumstances.
And what I mean by that is

00:50:48.603 --> 00:50:51.371
we're asking them to provide
shelter in a physical
environment that was not meant

00:50:53.141 --> 00:50:55.141
to be shelter a library or

00:50:56.644 --> 00:50:59.130
community center and there's
often just logistical hurdles
and difficulties with that

00:51:00.582 --> 00:51:02.716
alone.
But then we're also asking them

00:51:04.786 --> 00:51:06.554
to do run a shelter in ways
that are not best practices.

00:51:09.230 --> 00:51:10.992
Another example is asking
people to leave during the day

00:51:12.928 --> 00:51:15.396
that is not a national best
practice in terms of providing
shelter.

00:51:16.331 --> 00:51:18.299
So those are some examples
of what I mean I were asking

00:51:21.169 --> 00:51:22.837
home first to perform in an
imperfect environ and it's a

00:51:25.207 --> 00:51:27.241
very difficult service to offer
not to mention on top of that

00:51:29.210 --> 00:51:30.845
we ask that they provide very
excessive low barrier shelter

00:51:33.215 --> 00:51:34.849
meaning they'll take anyone
whether or not that person is

00:51:37.190 --> 00:51:39.186
currently using a substance or
has a behavior or health
challenge or a physical

00:51:41.790 --> 00:51:43.790
disability.

00:51:44.493 --> 00:51:46.493
We ask them to take anyone and

00:51:47.663 --> 00:51:49.797
everyone thank you for that
detailed explanation because

00:51:52.434 --> 00:51:54.434
what you're summarizing is that

00:51:56.205 --> 00:51:58.205
they are performing in a very,

00:52:00.376 --> 00:52:02.900
very difficult service and
they've been able to deliver it

00:52:03.312 --> 00:52:05.312
in spite of that.

00:52:14.923 --> 00:52:17.392
So can I ask one question to
the ceo or from the yes
councilmember
>> good afternoon.

00:52:18.661 --> 00:52:20.661
Good afternoon.

00:52:21.731 --> 00:52:23.731
The question for you is you

00:52:26.102 --> 00:52:27.736
have very serious allegations
about wrongful termination, not

00:52:30.390 --> 00:52:31.773
treating your employee
correctly even though we do not

00:52:34.143 --> 00:52:35.777
have the right to interfere
with your work in terms of your

00:52:37.914 --> 00:52:40.215
employees.
>> but as concerned
councilmember we do

00:52:41.150 --> 00:52:43.850
care about our fellow
colleagues who ever work

00:52:45.254 --> 00:52:46.988
wherever they work could you
told me that with these serious

00:52:49.358 --> 00:52:51.590
allegations there are
government agencies like equal

00:52:53.630 --> 00:52:55.630
employment opportunities and

00:52:57.200 --> 00:52:59.340
those and there are many pro
bono organizations which pursue

00:53:01.370 --> 00:53:02.771
the cause of the employees who
have been terminated not

00:53:05.275 --> 00:53:07.209
properly, not treated properly.
>> how many of those are trying

00:53:09.379 --> 00:53:10.946
to pursue anything about the
terminated candidates if you

00:53:12.983 --> 00:53:14.917
can?
>> none that I'm aware of and

00:53:17.187 --> 00:53:19.210
let me state very clearly
councilmember we take the

00:53:20.560 --> 00:53:22.457
safety of the people we serve
and our employees extremely
seriously.

00:53:23.994 --> 00:53:26.230
We need them to do this
critical work.

00:53:26.230 --> 00:53:28.230
We do the best we can to take

00:53:28.799 --> 00:53:30.666
care of them and if we're doing
something wrong we want to know

00:53:32.335 --> 00:53:34.403
about it so we can fix it.
>> yeah, all right.

00:53:36.473 --> 00:53:38.207
So so far you don't have
anybody asking you from the

00:53:40.377 --> 00:53:42.545
government agencies are private
agencies that are presenting
these people?

00:53:44.215 --> 00:53:45.981
>> no, we don't.
We just finished our department

00:53:47.952 --> 00:53:49.485
of labor audit two months ago
and it was clean on equal

00:53:52.556 --> 00:53:54.157
opportunity issues.
We also were re accredited by

00:53:56.226 --> 00:53:57.993
kaf and international
accreditation for three years

00:54:00.630 --> 00:54:02.231
they audited over a thousand
items and they found no
problems.

00:54:03.800 --> 00:54:05.735
They credit us right away and
we also were just recently

00:54:07.538 --> 00:54:10.730
audited by the city for our
city outreach program and came
back clear as well.

00:54:11.642 --> 00:54:13.642
>> ok, thank you very much.

00:54:15.312 --> 00:54:17.247
We'll be watching for any
action brought against you in

00:54:17.415 --> 00:54:19.415
that kind of thing because that

00:54:19.783 --> 00:54:21.783
would tell us we are not in a

00:54:22.853 --> 00:54:25.655
position to make a judgment but
I think these agencies are so
we will be monitoring that if

00:54:27.525 --> 00:54:29.492
any of those agencies come
forward and what your reaction

00:54:30.394 --> 00:54:32.495
is because that would be our
best way of knowing.
Yes.

00:54:34.865 --> 00:54:36.865
How you're treating those

00:54:38.235 --> 00:54:41.171
people and how we should look
at your company and we
appreciate that.
Thank you.
Thank you very much.

00:54:42.206 --> 00:54:43.874
Thank you.
Mayor.

00:54:45.343 --> 00:54:48.110
Thank you, don.
Thank you.
>> mayor, I just have one

00:54:49.914 --> 00:54:51.914
question for staff.

00:54:52.884 --> 00:54:54.884
Um, what can we do to find that

00:54:57.255 --> 00:54:59.189
funding for extra security for
that frequently visit the

00:55:00.792 --> 00:55:02.993
tallie library and for the
safety of our own house reson

00:55:05.563 --> 00:55:07.530
and for the staff that work
at the library, is there some

00:55:12.337 --> 00:55:14.838
way somehow we can find out
funding for extra security?
>> I'm sorry.

00:55:16.808 --> 00:55:18.808
Let me clarify that for you.

00:55:20.579 --> 00:55:22.380
Yeah, and I think the costs
that we've sort of been looking

00:55:24.582 --> 00:55:26.450
at is an additional seventy
five thousand somewhere in that

00:55:28.921 --> 00:55:30.955
area to add that additional
secure city and I believe we

00:55:34.325 --> 00:55:36.260
can do that councilmember thank
you so much.

00:55:38.730 --> 00:55:40.731
>> ok, thank you.
We'll second item pulled.

00:55:42.567 --> 00:55:44.970
I don't see any other hands up
on item two point eight.
I do want to see if we can take

00:55:44.970 --> 00:55:47.638
the consent calendar as a
whole.

00:55:50.108 --> 00:55:52.276
We had item two point ten
polled by councilmember ortiz.

00:55:54.446 --> 00:55:56.848
This was actions related to the
proposed fiscal year twenty
three through twenty five

00:55:58.617 --> 00:56:00.384
spending plan for the
supplemental law enforcement

00:56:02.121 --> 00:56:03.955
services grant and a revised
spending plan

00:56:06.357 --> 00:56:09.160
councilmember would you
like to comment or question?
Yeah, thank you mayor.

00:56:10.529 --> 00:56:12.630
Just one quick question
of their staff available.

00:56:20.339 --> 00:56:22.106
All right.
Thank you so much under the

00:56:24.510 --> 00:56:26.510
twenty twenty two twenty twenty

00:56:27.980 --> 00:56:29.914
four revised spending plan, the
memo mentions plans to purchase

00:56:32.485 --> 00:56:34.485
equipment replacements for the

00:56:35.954 --> 00:56:38.556
range unit and technology
devices for the covid response
unit.

00:56:40.626 --> 00:56:42.226
>> is there any way to provide
specifics on what equipment is

00:56:44.363 --> 00:56:46.432
essentially being purchased?
>> yes, councilmember paul
joseph, assistant chief

00:56:46.432 --> 00:56:48.432
of police.

00:56:48.601 --> 00:56:50.435
>> so for the range they're
actually rifles to replace

00:56:52.705 --> 00:56:54.740
rifles we already had who
outlived their useful life.

00:56:54.740 --> 00:56:56.975
>> you know, like any piece
of equipment they they have a

00:56:59.450 --> 00:57:01.450
life expectancy and need to be

00:57:03.125 --> 00:57:05.125
replaced periodically and then

00:57:07.278 --> 00:57:09.240
the other is a technology
device to help locate wanted
suspects.
>> ok, all right.
Thank you.

00:57:10.490 --> 00:57:13.580
That's it.
Ok, thank you
councilmember chief.

00:57:14.360 --> 00:57:16.995
>> think we're good on that
item counselor did you want to
move the consent calendar as a

00:57:18.731 --> 00:57:20.799
whole by any chance?
>> sure I now move the consent

00:57:23.102 --> 00:57:24.770
calendar as a whole as a second
grade ok I saw a couple

00:57:25.505 --> 00:57:27.439
of their hands I assume those
were all procedural no
questions.

00:57:30.243 --> 00:57:32.912
>> ok, great.
Just before we go to public
comment and then we'll and then

00:57:34.181 --> 00:57:36.181
we'll vote totally.

00:57:37.683 --> 00:57:39.652
>> how many cards do if I have
eighteen cards um for in person

00:57:42.121 --> 00:57:44.560
speakers and one hand up online
ok so the two things first will

00:57:45.592 --> 00:57:47.893
we have a number of members
of the home team here.

00:57:49.563 --> 00:57:51.530
I just want to thank you all on
the front lines those of you

00:57:53.990 --> 00:57:54.867
who are working every day with
our one of our most vulnerable

00:57:56.203 --> 00:57:58.637
populations and just setting
aside the question
of allegations through which I

00:58:00.574 --> 00:58:02.574
think we've determined there

00:58:04.644 --> 00:58:07.380
are some other avenues through
which to to adjudicate those if
it comes to that.

00:58:07.547 --> 00:58:10.449
>> I do just want to thank you
while you're here you are a
partner of the city and I know

00:58:12.118 --> 00:58:14.521
many of you do very difficult
work every day and I've had the
privilege as have many of my

00:58:15.656 --> 00:58:17.556
colleagues have coming out and
seeing you in action.

00:58:20.270 --> 00:58:22.328
We we appreciate the work you
do every day as we move to
public comment.

00:58:22.863 --> 00:58:24.530
>> we have a very full agenda
I'd like to limit public

00:58:26.534 --> 00:58:29.402
comment on the consent calendar
to one minute per speaker in
the interest of time.

00:58:31.720 --> 00:58:33.720
And so toni, I'll turn it to

00:58:34.341 --> 00:58:36.609
you to have folks come down and
share their perspective on any

00:58:37.578 --> 00:58:40.246
any of the items on the consent
calendar today.
>> this is for consent calendar

00:58:41.549 --> 00:58:43.549
as a whole.

00:58:49.357 --> 00:58:51.910
I have francis hurn elizabeth
mac mac panpan maggie crowder

00:58:53.794 --> 00:58:55.562
and mary on chadda.
If you can please make your way

00:59:05.440 --> 00:59:08.141
down and come down to the
speaker you have one minute
toni other folks so if your

00:59:09.310 --> 00:59:11.770
name was just called you can
make your way down toward the

00:59:12.446 --> 00:59:14.848
podium one at a time toni.
>> folks sit or line up in the
security.

00:59:17.118 --> 00:59:19.853
Well we'll tell people ok what
to do but just come the first
person to the microphone.

00:59:20.554 --> 00:59:22.322
>> you don't have to go in
order again.

00:59:24.725 --> 00:59:26.860
I have francis elizabeth,
maggie and mary and then I'll

00:59:35.303 --> 00:59:37.303
call the other names as we

00:59:39.774 --> 00:59:41.208
go forward.
Hello honorable

00:59:43.111 --> 00:59:44.678
mary ann counc
hi, I'm francis ananda's I'm

00:59:46.848 --> 00:59:49.182
outreach program manager for
home first and I've been at the
agency for eight years this

00:59:51.319 --> 00:59:53.988
month.
I am here today to represent
the incredible opportunity home

00:59:54.922 --> 00:59:56.557
first has connected me to
serving vulnerable neighbors

00:59:59.261 --> 01:00:00.827
who are often housed.
>> I did not start out as a

01:00:02.597 --> 01:00:04.631
program manager but because
home first invest in people I

01:00:05.500 --> 01:00:07.500
was able to grow to have growth

01:00:09.471 --> 01:00:11.973
and training to now serve in
this role.
Outreach is such a valuable

01:00:14.420 --> 01:00:15.643
component in connecting and
house purchase to services we

01:00:17.745 --> 01:00:19.580
see firsthand how individuals
form a community at their

01:00:21.450 --> 01:00:23.283
encampment especially the large
ones and some participants

01:00:25.554 --> 01:00:27.588
never leave this site which
means if outreach does not

01:00:29.658 --> 01:00:32.600
visit there MAY never they MAY
never receive the support or
services needed.

01:00:34.163 --> 01:00:36.163
I have seen connection so

01:00:37.900 --> 01:00:39.700
impactful such as a client who
was blind living outside and
closed.

01:00:41.670 --> 01:00:43.838
>> thank you.
Your time is up next speaker

01:00:48.844 --> 01:00:51.112
I'd also like to call down jay
stewart.
Good afternoon.

01:00:53.583 --> 01:00:56.517
Honorable mayor and esteemed
city council imag incriminatory
of our street based services.

01:00:56.652 --> 01:00:58.620
I'm here because I want to be
here.

01:01:00.389 --> 01:01:02.824
I want to talk about last
winter when floods and the
floods that caused evacuations

01:01:04.627 --> 01:01:07.495
of creeks and waterways.
My team worked endless hours
two weeks straight and gave up

01:01:09.980 --> 01:01:11.980
their weekends to save people

01:01:12.868 --> 01:01:15.570
from from the water to
incidents that happened like a
man they found in the creek

01:01:17.600 --> 01:01:18.773
with rapidly rising waters no
pants, no shoes.

01:01:19.441 --> 01:01:22.900
The home first team activated
swiftly recovering the man
warming him with dry clothes

01:01:23.979 --> 01:01:25.747
and transferring to the
evacuation center or the person

01:01:27.550 --> 01:01:30.352
they found wrapped in a tarp
convulsing from the elements
they saved them as well.

01:01:32.210 --> 01:01:34.189
Even in the worst conditions
this outreach team is
unstoppable.

01:01:35.324 --> 01:01:37.593
>> the passion keeps them going
whether cold, wet or
sweltering.

01:01:39.261 --> 01:01:41.129
>> they are forever mindful
of the people we serve and I

01:01:41.564 --> 01:01:43.131
ask you to be mindful of them
and their heroic efforts for

01:01:45.568 --> 01:01:47.135
the community.
>> thank you.

01:01:50.139 --> 01:01:52.139
>> thank you.

01:01:52.909 --> 01:01:54.543
Next speaker I'd also like to
call marcus.

01:01:57.413 --> 01:02:00.282
>> hi mary.
I am part of the outreach team
so we go out every day and meet

01:02:02.352 --> 01:02:04.119
the clients.
>> I would say I'm proud to be

01:02:05.550 --> 01:02:07.220
part of humpers and I'm proud
to be here.
>> thank you.

01:02:11.361 --> 01:02:13.361
Thank you.

01:02:15.932 --> 01:02:17.932
Next speaker I'd also like to

01:02:19.603 --> 01:02:21.705
hold on kelly hello.
My name is elizabeth mckibbon

01:02:21.705 --> 01:02:23.705
and for the past four years I

01:02:23.840 --> 01:02:26.800
have served my community as a
senior director of facilities

01:02:27.778 --> 01:02:29.946
for home first I was born and
raised in san jose.

01:02:32.150 --> 01:02:34.417
I built my career in the city.
My work history expands over 45
years.

01:02:34.918 --> 01:02:37.286
For the past 14 years I have
worked for non-profits
throughout my career.

01:02:39.856 --> 01:02:41.424
I've always heard my employers
talk about diversity single

01:02:43.460 --> 01:02:45.295
digits.
>> I now work for the first

01:02:47.970 --> 01:02:48.898
time in my career for an agency
that truly practices I during

01:02:51.902 --> 01:02:53.736
my first 90 days at home.
First it was stunning to see

01:02:55.720 --> 01:02:56.939
the staff diversity people
of color ethnicities.

01:02:58.909 --> 01:03:01.477
>> brianna myers, a design
expert says diversity is being
invited to the party.

01:03:03.460 --> 01:03:04.914
Inclusion is being asked to
dance.

01:03:06.483 --> 01:03:08.317
>> there's no other way to
describe home first they value

01:03:10.540 --> 01:03:12.555
each employee their uniqueness,
personalities and more
everything that makes us who we

01:03:14.324 --> 01:03:15.959
are.
>> my manager teams include a

01:03:17.728 --> 01:03:19.329
brilliant black woman that
serves as our property manager

01:03:21.932 --> 01:03:23.800
.
>> my thank you next speaker.

01:03:25.969 --> 01:03:27.904
>> just sorry I appreciate
everyone's enthusiasm just in

01:03:29.974 --> 01:03:32.760
the interest of time our our
customers to just do jazz hands
so toni can be calling the next

01:03:32.760 --> 01:03:34.760
folks down just to be

01:03:34.178 --> 01:03:36.460
efficient.
>> thank you, michel.

01:03:38.116 --> 01:03:39.982
>> come on down as well.
Michel d-
az.
Go ahead.

01:03:40.918 --> 01:03:43.486
All right.
Good afternoon, justin.
I'm with the permanent

01:03:45.290 --> 01:03:48.125
supportive housing division and
outreach specialist I'm
actually from I only been here

01:03:48.860 --> 01:03:50.794
about a year actually here in
san jose.

01:03:53.164 --> 01:03:55.980
>> I'm from south eastern
united states where diversity

01:03:57.340 --> 01:03:59.135
is still something that is
foreign.

01:03:59.771 --> 01:04:01.605
I can say coming to home first
is probably one of the most

01:04:04.208 --> 01:04:06.142
remarkable experience I've had
when it comes for diversity,

01:04:08.413 --> 01:04:10.180
inclusion or equity when it
comes to diversity, race is

01:04:12.830 --> 01:04:14.117
something that as you can see,
I'm not going to be the first
thing you can see.

01:04:15.520 --> 01:04:17.921
Right.
So it is it's not something I
felt warm.

01:04:19.891 --> 01:04:21.759
I felt warm welcome since day
one and I will continue to and

01:04:26.197 --> 01:04:28.132
I know they have their back and
we have this thank you.

01:04:33.138 --> 01:04:35.739
>> next speaker also andrea
artan.
>> good afternoon esteemed

01:04:37.709 --> 01:04:39.877
members of city council and
thank you for this opportunity
to speak today.

01:04:41.146 --> 01:04:43.848
My name is marc's prayer.
I'm one of the directors and
first I've been with agency for

01:04:45.417 --> 01:04:47.952
nearly three years as a
dedicated member of the home
first team I've been deeply

01:04:49.287 --> 01:04:51.889
inspired by the inclusive and
diverse atmosphere that we've
cultivated every day I'm

01:04:52.424 --> 01:04:54.825
greeted by a sense of unity and
collaboration, a testament to
the diverse backgrounds and

01:04:56.595 --> 01:04:58.195
perspectives that make our team
unique at our core we

01:05:00.365 --> 01:05:02.934
organization enriched by
diversity mirroring the vibrant
tapestry of our community, our

01:05:04.269 --> 01:05:06.470
teams rich blend of cultural
backgrounds and life
experiences positioned as well

01:05:08.240 --> 01:05:10.941
to effectively address the
diverse needs of those we
assist diversity to whom first

01:05:12.510 --> 01:05:14.812
is not just a value it's a
vital part of how we operate
empowers us to forge meaningful

01:05:16.381 --> 01:05:18.650
connections and provide
targeted support fostering an
atmosphere of inclusiveness and

01:05:19.818 --> 01:05:21.887
understanding.
I appreciate your time today in
considering this difficult
role.

01:05:21.887 --> 01:05:23.887
Diversity plays enhancing the

01:05:25.991 --> 01:05:27.525
work we do it first and its
impact on our community.

01:05:32.932 --> 01:05:34.932
>> thank you.

01:05:37.970 --> 01:05:39.237
Next speaker eddie viorel.
>> thank you honorable mayor
mehan and city council members.

01:05:40.906 --> 01:05:43.642
My name is andrea burton and
I'm the ceo for home first
thank you for the opportunity

01:05:44.210 --> 01:05:46.578
to meet with most of you over
the last couple of weeks after
an internal investigation we

01:05:49.449 --> 01:05:51.183
have determined that the
allegations of space are based

01:05:53.352 --> 01:05:55.352
on inaccurate and incomplete

01:05:56.756 --> 01:05:58.590
information provided to the
naacp by terminated employees

01:05:59.826 --> 01:06:02.527
home first cannot comment on
specific employee matters due
to privacy laws.

01:06:04.263 --> 01:06:05.930
>> however, we invite the
terminated employees to waive

01:06:07.801 --> 01:06:09.634
their privacy rights and make
their employee record public

01:06:19.445 --> 01:06:22.281
once public we are confident
that the employee files will
demonstrate the justified
reasons for the terminations

01:06:22.448 --> 01:06:24.517
and the rigor following and
during the process and I did
send the email to ask people to

01:06:24.517 --> 01:06:27.119
come because I was being
stopped in the hallway
constantly by staff asking if

01:06:27.220 --> 01:06:29.220
they could come and speak.

01:06:29.989 --> 01:06:32.570
>> so I wanted to make that
available to them using their

01:06:34.460 --> 01:06:37.196
voice is critical and I want to
teach them that it's ok to do
that.
>> thank you for your time.

01:06:38.310 --> 01:06:40.310
Thank you.

01:06:48.909 --> 01:06:50.876
Your time is up next speaker
I'm also calling rene ramirez

01:06:52.946 --> 01:06:55.282
can you hear me?
>> honorable mayor and
councilmember

01:06:55.282 --> 01:06:58.840
>> my name is kelly vasquez and
I'm home for chief program

01:06:58.840 --> 01:06:59.818
officer.
I'll take you a little bit

01:07:01.721 --> 01:07:03.721
through history we coined the

01:07:05.225 --> 01:07:06.825
term aulbach in our proposal to
begin operating in 2016 and it

01:07:09.629 --> 01:07:11.629
was a challenging program.

01:07:11.932 --> 01:07:13.867
Other providers shied away from
it but home first did not

01:07:15.870 --> 01:07:18.537
because we understood then as
we understand now that owles
save lives and there is nothing

01:07:20.807 --> 01:07:22.807
ultimately that's more

01:07:24.177 --> 01:07:26.177
important that so whether it be

01:07:26.947 --> 01:07:28.981
inclement weather floods fire
when the city needs a partner

01:07:31.850 --> 01:07:33.119
who will face the challenge and
step up to the plate home first

01:07:35.880 --> 01:07:37.230
has been there and we will be
there on behalf of our
neighbors experiencing

01:07:39.920 --> 01:07:41.394
homelessness.
>> thank you.
Thank you.

01:07:49.537 --> 01:07:52.104
Your next speaker I'm jessica.
also come down mayor and city
council.
Thank you for letting us be

01:07:52.540 --> 01:07:54.373
here.
My name is eddie villareal and

01:07:56.443 --> 01:07:58.211
I am a resident of san jose.
I have been an outreach

01:08:00.181 --> 01:08:01.782
specialist for one year through
home and I enjoy every moment

01:08:03.884 --> 01:08:06.553
of it.
The reason being is that we
help the homeless to identify

01:08:07.921 --> 01:08:09.556
specific resources and services
that help them to find

01:08:11.325 --> 01:08:13.293
solutions on their own that
helps them to succeed so where

01:08:14.996 --> 01:08:17.597
it leads them on a path to
growth, some outreach efforts
take shape as programs attempt

01:08:19.133 --> 01:08:21.235
to create opportunities and
prevent programs.

01:08:23.304 --> 01:08:25.138
If you see an immediate or long
term need outreach can is and

01:08:27.108 --> 01:08:29.509
can be used excuse me to
cultivate healthy habits,
skills and interest in your

01:08:30.312 --> 01:08:31.945
target population.
Thank you.

01:08:32.814 --> 01:08:34.814
>> thank you.

01:08:41.550 --> 01:08:42.589
Next speaker also jason ramos'
come on down.

01:08:45.260 --> 01:08:47.527
Good afternoon.
Honorable mayor and esteemed
council members.

01:08:47.595 --> 01:08:50.198
My name is michelle diaz.
I currently work as a program
manager within the outreach

01:08:50.198 --> 01:08:52.198
department at home first I've

01:08:52.967 --> 01:08:54.735
been in homeless services for
over ten years and I consider

01:08:56.404 --> 01:08:58.673
myself honored to be part
of the home first team.
I am from a smaller county

01:08:58.673 --> 01:09:01.408
where the decisions that are
made sometimes stem from

01:09:01.676 --> 01:09:03.676
traditional thinking.

01:09:04.450 --> 01:09:06.313
However, when I came to work in
san jose several years ago I
was impressed by the

01:09:07.882 --> 01:09:10.350
cohesiveness and collaborative
efforts of many organizations
like home first.

01:09:11.820 --> 01:09:14.154
I quickly noticed that people
here were driven to
collectively tackle serious

01:09:16.524 --> 01:09:18.590
issues such as homelessness,
government, nonprofit and

01:09:20.128 --> 01:09:22.696
partner agencies were focused
on addressing critical needs.
They had resources, they were

01:09:23.365 --> 01:09:25.200
visionaries and they possessed
a strong ability to manage

01:09:27.569 --> 01:09:30.271
effective partnerships with one
another equitably and fairly.
Currently san jose is facing

01:09:31.807 --> 01:09:33.708
one of the worst homeless
crisis in the city's history

01:09:35.244 --> 01:09:37.411
and it is vital that we all
work together harmoniously to
combat this complex social

01:09:39.810 --> 01:09:41.350
issue.
I am confident that effective
partnerships are not a thing

01:09:41.350 --> 01:09:43.350
of the past.

01:09:43.685 --> 01:09:46.354
>> I know in my heart that
we're all here to thank you

01:09:53.162 --> 01:09:55.290
next speaker and gary come on
down.

01:09:57.366 --> 01:09:59.767
>> good afternoon, honorable
mayor.
Members of the city council

01:10:01.137 --> 01:10:03.638
my name is rene ramirez.
I'm chief operating officer
at home first been with the

01:10:05.374 --> 01:10:08.242
agency for eight years.
I love this agency.
I love the work that we do and

01:10:09.278 --> 01:10:11.346
I love the people that are
doing this very difficult work
.

01:10:13.949 --> 01:10:15.584
>> we've been criticized quite
a bit recently and I ask you to

01:10:17.253 --> 01:10:19.120
hold judgment based on rumor
and one sided reporting and

01:10:20.590 --> 01:10:22.590
seek out facts to investigate

01:10:24.360 --> 01:10:26.961
all sides of the conversation.
>> the idea of telling mexican
people in our H.R. Department

01:10:28.531 --> 01:10:30.131
when a mexican man is
overseeing the department it's

01:10:32.535 --> 01:10:34.680
utterly ridiculous.
>> we welcome the call for

01:10:36.372 --> 01:10:38.774
accountability
we welcome the oversight.
>> we're happy to continue

01:10:40.976 --> 01:10:43.445
these conversations.
I also invite you get us to get
us to know better visit our

01:10:44.614 --> 01:10:46.548
site, visit our service
provider our our operations

01:10:48.918 --> 01:10:50.452
people right with our outreach
teams and get to know our

01:10:51.521 --> 01:10:53.154
culture firsthand.
Thank you.

01:10:54.824 --> 01:10:56.824
>> thank you.

01:11:02.765 --> 01:11:04.332
Speaker jasmine, come on down
to honorable mayor and city

01:11:06.569 --> 01:11:08.870
council members.
>> my name jessica manchaca,
current resident of district

01:11:10.774 --> 01:11:13.475
two.
I am current I've had the
privilege of being home at home

01:11:14.440 --> 01:11:15.677
first and working for them for
four years now dc privilege

01:11:17.481 --> 01:11:19.748
with heart where I'm currently
the talent development director
.

01:11:21.451 --> 01:11:23.850
>> to put it simply I help
staff understand the role and

01:11:25.255 --> 01:11:27.889
ending homelessness and equip
them with the tools to do so
during staff trainings.

01:11:28.858 --> 01:11:30.793
>> I often ask them why they
chose to work at home first and

01:11:32.796 --> 01:11:34.864
why they choose to stay, one
staff said I want people
experiencing homelessness to

01:11:36.733 --> 01:11:38.500
know that someone cares.
>> another staff said I'm happy

01:11:40.136 --> 01:11:42.805
to be part of an organization
that celebrates the diversity
and various backgrounds

01:11:44.775 --> 01:11:47.176
of staff of those we serve as
someone who is homeless in
san jose.

01:11:48.445 --> 01:11:51.130
I love that I get to show them
that this is possible to
overcome homelessness and quote

01:11:52.149 --> 01:11:53.783
and as a previous community
engagement co-ordinator for the

01:11:55.352 --> 01:11:58.187
bridge housing communities and
emergency interim housing sites
both in san jose, I had the

01:12:01.272 --> 01:12:03.920
pleasure of interviewing people
who moved into permanent
housing, many who attributed
their success to home.

01:12:03.593 --> 01:12:05.593
>> first off, thank you for

01:12:06.596 --> 01:12:08.596
your time.

01:12:11.401 --> 01:12:13.401
Um, cameron, come on down.

01:12:15.339 --> 01:12:17.273
>> and also next speaker hello
honorable mayor and city

01:12:18.542 --> 01:12:20.711
council members of san jose.
My name is jason ramos and I'm
a proud native of san jose

01:12:20.711 --> 01:12:22.711
having grown up in district

01:12:23.147 --> 01:12:25.810
one.
I'm an employee of home first

01:12:26.416 --> 01:12:29.520
as well as the chair of the
D.C. Council.
I thank you for this

01:12:30.421 --> 01:12:32.255
opportunity to speak and I hope
you've also had the chance to

01:12:33.691 --> 01:12:36.192
review the letter of support
submitted on the council.
>> my experience with home

01:12:37.929 --> 01:12:39.696
first has been absolutely
unparalleled compared to any

01:12:42.330 --> 01:12:44.868
other employer I've worked for
since my first day three and a
half years ago I was able to do

01:12:46.437 --> 01:12:48.437
something I haven't been able

01:12:49.306 --> 01:12:51.675
to do before and that was to be
myself as a proud filipino
american of the lgbtq plus

01:12:54.245 --> 01:12:56.113
community.
I have never felt so seen as an

01:12:57.882 --> 01:12:59.649
individual and I think the safe
space home has offered me I

01:13:01.585 --> 01:13:03.453
even connected home first to
the their first pride event

01:13:04.622 --> 01:13:06.891
silicon valley pride in twenty
twenty one.
>> I hope hearing the

01:13:06.891 --> 01:13:08.891
sentiments here today would

01:13:09.827 --> 01:13:11.695
implore you to have a more
balanced outlook on home first

01:13:12.330 --> 01:13:14.931
the work we do and the
nourishing environment we have
for our staff.
>> thank you.

01:13:17.234 --> 01:13:19.234
Thank you.

01:13:21.339 --> 01:13:23.339
Next speaker I think this is b

01:13:24.509 --> 01:13:26.243
ramos' I'm not sure so if that
sounds like it could your name

01:13:28.112 --> 01:13:30.112
please come on down.

01:13:31.583 --> 01:13:33.751
Go ahead on the ramia
councilmember want to thank

01:13:35.620 --> 01:13:37.687
you for giving us the time to
you know, give us the time to

01:13:39.257 --> 01:13:41.910
voice our I don't want to say
frustration but it's

01:13:44.463 --> 01:13:46.864
underprivilege working for
home first being from san jose
you see all these homeless

01:13:47.399 --> 01:13:49.399
people unfortunately are in the

01:13:51.270 --> 01:13:53.270
house and you know, opening up

01:13:54.773 --> 01:13:56.941
this el al program will give
them opportunity just for night

01:13:58.810 --> 01:14:01.712
to for one night to have a warm
bed, warm meal shower or
whatever it MAY be.

01:14:02.448 --> 01:14:05.820
>> and it's a it's an honor and
privilege I say to work our
home first.

01:14:06.952 --> 01:14:09.654
I know that I could go to any I
could go to our ceo and ask
them if I have a question on,

01:14:10.122 --> 01:14:11.689
you know, anything I'm working
on and they're there to help

01:14:13.458 --> 01:14:16.194
us.
>> they think for the time.
>> thank you.

01:14:21.100 --> 01:14:23.234
Next speaker kelly also come on
down mayor and city council

01:14:24.770 --> 01:14:26.806
members, thank you for allowing
me to be here.

01:14:26.806 --> 01:14:29.608
My name is karen finney and I'm
here because I want to be I

01:14:29.608 --> 01:14:31.476
have been a resident district
three for past eight years and

01:14:32.544 --> 01:14:34.544
have been a part of home first

01:14:36.631 --> 01:14:38.601
for two and a half years.
I started as a security guard
but I saw the great work being
done and wanted to be a part
of it.
I currently work in street

01:14:40.180 --> 01:14:41.987
based outreach services and i
just wanted to express how

01:14:43.655 --> 01:14:46.257
proud I am of all the hard work
our organization has done and
continue to do.
>> thank you.

01:14:48.600 --> 01:14:50.600
Thank you.

01:14:51.530 --> 01:14:53.640
Next speaker also you'll and
shawn come on down.

01:14:55.935 --> 01:14:58.403
Good afternoon.
Honorable mayor enlistee
members of the city council

01:14:59.772 --> 01:15:01.807
my name is viramontes and I'm
the vice present of emergency

01:15:02.608 --> 01:15:05.310
housing at home first I've been
a part of the homeowners team
for seven years.

01:15:07.279 --> 01:15:09.380
I am also a native of san jose
born and raised on the east
side of san jose.

01:15:11.150 --> 01:15:12.884
I currently reside in district
two and have had the privilege

01:15:14.754 --> 01:15:17.289
of welcoming sergio jimenez
councilmember our right
along with outreach and also

01:15:18.792 --> 01:15:20.925
overnight at one of our
overdetermined locations I have
dedicated two decades

01:15:22.796 --> 01:15:24.429
of service at various
non-profits focus on serving

01:15:26.399 --> 01:15:28.334
the marginalized communities
particularly communities color

01:15:29.903 --> 01:15:31.536
I stand before you today
represent home first a

01:15:33.406 --> 01:15:36.274
committed organization to dc
and addressing the critical
issues of homelessness for

01:15:37.811 --> 01:15:39.578
those not familiar with el al
stands overnight warming

01:15:41.314 --> 01:15:43.582
location al is a saving
initiative that involves
multiple partner agencies

01:15:45.252 --> 01:15:47.419
working collaboratively to
raise awareness, facilitate
referrals and enroll

01:15:48.955 --> 01:15:50.723
individuals in services.
The dedicated team from home

01:15:52.592 --> 01:15:54.727
first the city of san jose
housing response team piranesi

01:16:04.805 --> 01:16:06.805
hp home for lezotte thank you

01:16:08.608 --> 01:16:11.377
speaker dear honorable mayor
and his team council members.
My name is kelly kaip and I'm

01:16:12.746 --> 01:16:14.580
the director of diversity
equity and inclusion at home

01:16:16.149 --> 01:16:18.149
first cutting the funding to

01:16:20.121 --> 01:16:21.654
home first the largest provider
of critical housing aid in

01:16:23.290 --> 01:16:25.959
santa clara county is
guaranteed to cost lives
because of the systemic

01:16:27.494 --> 01:16:30.129
barriers in place in our
society.
These deaths when people are

01:16:30.764 --> 01:16:32.498
left without support are
historically disproportionately

01:16:35.690 --> 01:16:36.703
people of color redlining
systemic disinvestment, wage

01:16:38.372 --> 01:16:41.730
disparities, discriminatory
lending, inaccessible credit
gentrification, zoning policies

01:16:43.143 --> 01:16:44.777
and mass incarceration and more
are all historically active

01:16:46.747 --> 01:16:48.481
obstacles designed to keep
people of color out of homes

01:16:50.551 --> 01:16:52.952
at home first in streamlining
shelter services and direct aid
to navigating permanent

01:16:54.922 --> 01:16:56.489
housing, we are actively
dismantling these oppressive

01:16:58.392 --> 01:17:00.994
systems of discrimination,
maintaining low barrier
shelters and facilitating

01:17:01.929 --> 01:17:03.929
permanent housing is one of the

01:17:05.700 --> 01:17:08.100
most anti-racist pursuits
available in the society.
Thank you.

01:17:17.178 --> 01:17:19.579
Your time is up next.
Speaker.
Thank you.
Hello.

01:17:20.848 --> 01:17:23.616
How's everybody doing?
My name is your turner.
I'm with hunger at home ceo and

01:17:24.786 --> 01:17:27.387
founder.
I've been fortunate enough to
partner with homeless for the

01:17:29.123 --> 01:17:30.991
last ten years and fortunate
enough to is at the shelters,

01:17:32.927 --> 01:17:34.695
the different shelters and
little orchard and really

01:17:36.964 --> 01:17:39.199
joined beatrice on the outreach
program and see those that are
unhealth in the benefit that

01:17:40.502 --> 01:17:42.269
home first provides.
In fact their leadership is one

01:17:44.338 --> 01:17:46.106
of my mentors, someone that I
look up to and andrea is just

01:17:48.176 --> 01:17:51.111
one of the best and I can't
speak highly enough so I'm here
just to say what an advocate I

01:17:51.846 --> 01:17:54.681
am and they do so much good
work.
>> the community needs them.
Thank you.

01:18:05.493 --> 01:18:07.493
Thank you.

01:18:09.264 --> 01:18:10.731
Next speaker so this is two
point eight, correct?

01:18:13.201 --> 01:18:14.735
Yes.
Ok, so I'll talk about the

01:18:16.604 --> 01:18:18.940
owls.
I am grateful to see that the
owls are where two of the

01:18:18.940 --> 01:18:20.940
largest camps are roosevelt and

01:18:21.310 --> 01:18:23.177
tully.
So thank you very, very much.

01:18:23.946 --> 01:18:25.579
It's been long overdue for them
to be back at tully.

01:18:27.650 --> 01:18:29.383
>> much appreciated.
And that's where people can

01:18:31.853 --> 01:18:33.821
really access these hours
should there be more?

01:18:35.824 --> 01:18:38.626
>> heck yeah there should be
four there should be six should
definitely be near your area.

01:18:39.962 --> 01:18:41.929
The south side really needs
analagous.

01:18:43.980 --> 01:18:44.999
Sergio, you had one in your
area and that was popular.

01:18:46.835 --> 01:18:49.638
>> we should definitely the
south needs it high.
I would be remiss if I didn't

01:18:51.440 --> 01:18:53.440
address that fantastic

01:18:55.770 --> 01:18:57.679
publicity's behind me and I'm
curious how much did that come
out of the shelter management

01:18:59.140 --> 01:19:01.816
budget that come out of an
outreach budget?
>> I'm just curious and since

01:19:03.186 --> 01:19:04.986
the issue is the firing
of black people at sunnyvale

01:19:06.956 --> 01:19:08.923
sunnyville wasn't invited to
this publicity stunt.

01:19:10.860 --> 01:19:13.227
Neither was gilroy and the
majority of those people aren't
black.

01:19:15.230 --> 01:19:17.230
>> let's address the real thank

01:19:25.908 --> 01:19:27.908
you online I have surge

01:19:29.780 --> 01:19:30.912
followed by marietje oh by the
all of the overnight warming

01:19:33.282 --> 01:19:35.350
locations in order to truly
address homelessness we need

01:19:38.221 --> 01:19:40.622
all the tools in our toolbox
outreach shelter in a room
housing and more affordable

01:19:42.157 --> 01:19:44.426
housing need to be made
available to thousands
of people who are experiencing

01:19:45.462 --> 01:19:47.863
homelessness.
These services are essential
of life saving.

01:19:49.632 --> 01:19:51.466
>> the teams I supervise,
interact each day with people

01:19:53.570 --> 01:19:55.203
who are ready to embrace
services only to find out there

01:19:57.373 --> 01:19:59.341
no suitable options for the
needs and d needs will continue

01:20:00.276 --> 01:20:02.610
to grow as the housing crisis
deepens and extreme weather
patterns continue to be the

01:20:04.313 --> 01:20:06.313
norm.

01:20:07.885 --> 01:20:10.386
We have seen unusual hot
weather, heavy rains, floods
and intense cold.

01:20:12.322 --> 01:20:14.560
While these can be interviewed
for housed individuals for our

01:20:15.825 --> 01:20:17.559
neighbors that can be deadly.
Thank you for supporting a

01:20:17.928 --> 01:20:19.928
range of solutions including

01:20:22.990 --> 01:20:23.833
the one to marry followed by
brian.

01:20:26.836 --> 01:20:28.836
>> good afternoon.

01:20:29.806 --> 01:20:31.842
Ownable mayger mehan is team
city council members and staff
.

01:20:31.842 --> 01:20:33.842
My name is marie jackson and I

01:20:35.920 --> 01:20:37.154
am the marketing and public
affairs officer lefleur as a

01:20:38.810 --> 01:20:40.782
longstanding member of san
jose's nonprofit community life
moves wrote a letter of support

01:20:42.552 --> 01:20:44.186
for home first which you have
in your packet being one of the

01:20:46.156 --> 01:20:48.124
region's providers and interim
housing and support services.

01:20:49.893 --> 01:20:51.861
Life moves is grateful to work
alongside home first on the

01:20:53.831 --> 01:20:55.764
front lines of san jose's fight
to provide housing support and

01:20:55.865 --> 01:20:57.865
care for on house neighbors.

01:20:58.635 --> 01:21:00.236
>> we consider our home first a
key partner in a critical part

01:21:01.305 --> 01:21:02.938
of san jose's supportive
housing ecosystem.

01:21:05.142 --> 01:21:06.809
Our interim housing ecosystem
relies in collaboration and

01:21:09.813 --> 01:21:12.115
partnership across all agencies
with the city and county
working together to end

01:21:13.217 --> 01:21:16.152
homelessness knowing their
leadership team we are certain
that they will answer your
questions and embrace your

01:21:17.688 --> 01:21:19.688
feedback.

01:21:21.258 --> 01:21:22.993
Thank you for your time and
consideration brian.

01:21:26.297 --> 01:21:28.364
Thank you very much.
I give all of you the whole

01:21:28.699 --> 01:21:31.201
purpose try to do it really
good.
Just a suggestion to the

01:21:32.770 --> 01:21:34.770
employees please speak with

01:21:37.241 --> 01:21:38.842
megapolis before you give up
any of your employee rights to

01:21:40.811 --> 01:21:43.790
privacy.
Please be avid counsel from
people who are professional in

01:21:44.810 --> 01:21:46.349
the area.
Thank you.
Back to council.

01:21:48.820 --> 01:21:51.121
Thank you toni.
Once again, thank you to
everyone who attended today and

01:21:53.240 --> 01:21:54.991
spoke.
Appreciate the work you all do.

01:21:55.126 --> 01:21:57.126
I know it's very difficult but

01:22:06.237 --> 01:22:08.638
important work.
>> we're ready to vote toni.
>> motion passes unanimously

01:22:11.800 --> 01:22:12.643
of those present.
Ok, I just want to know for the

01:22:13.811 --> 01:22:15.479
record for those people who
can't see them, davis is absent

01:22:17.349 --> 01:22:19.716
for the entire meeting and
everybody else is present.
Great.

01:22:21.252 --> 01:22:23.420
Ok, consent calendar passes
unanimously.

01:22:25.289 --> 01:22:26.924
We are on to land use item
eight point one we approval.

01:22:29.628 --> 01:22:31.362
>> thank you.
We've approval of an exception

01:22:33.332 --> 01:22:35.366
to the city multifamily housing
revenue bond policy allowing

01:22:37.536 --> 01:22:39.736
madeira on the alameda to use
an alternate bond issuer.

01:22:41.720 --> 01:22:43.140
>> we do have a short staffed
presentation.

01:23:28.887 --> 01:23:31.560
>> we'll wait on staff to come
down to the box
.
>> yes, go ahead.

01:23:31.560 --> 01:23:33.560
Good.

01:23:33.392 --> 01:23:35.392
Good afternoon everyone.

01:23:36.661 --> 01:23:38.429
We are here today to request
approval of sir recommendations

01:23:41.400 --> 01:23:43.668
relating to the medair mandera
the alameda housing development
.

01:23:44.804 --> 01:23:47.172
My name is commitment maracana
division manager of the
residential development

01:23:48.507 --> 01:23:50.642
division for the city of san
jose housing department.

01:23:52.578 --> 01:23:54.578
I'm joined here today by

01:24:00.252 --> 01:24:02.954
my colleagues bantustan and
chigusa.
>> the media is located

01:24:03.456 --> 01:24:06.157
at seven eight seven the
alameda and san.
It consists of one hundred and

01:24:07.927 --> 01:24:09.795
sixty eight units with
commercial space on the ground

01:24:11.331 --> 01:24:14.320
level they are sixty four units
for families.
The developer and city agreed

01:24:15.802 --> 01:24:17.670
to a seventy five year
affordable city restriction.

01:24:20.600 --> 01:24:21.740
This this is important because
it advances one of the housing

01:24:23.309 --> 01:24:24.809
department's key goals
of maintaining long term

01:24:27.480 --> 01:24:29.147
affordability.
It also helps protect tenants

01:24:35.188 --> 01:24:37.356
from the development possibly
returning to market rate rents
.

01:24:38.224 --> 01:24:40.592
>> this is a unique deal
different from our normal
affordable housing deal in

01:24:43.996 --> 01:24:45.564
important ways.
For example, in our typical

01:24:47.500 --> 01:24:49.234
affordable housing deal there
would be guidelines for

01:24:51.204 --> 01:24:53.380
protections from cilacap play
and there would be additional

01:24:55.175 --> 01:24:57.109
underwriting by a commercial
lender here there is no celac

01:24:59.790 --> 01:25:00.746
and then there is no commercial
lender only the minimal

01:25:03.116 --> 01:25:05.500
requirements of the five to one
c three bonds the developer and

01:25:06.819 --> 01:25:08.354
city agreed to the city being
named administrator in the

01:25:10.424 --> 01:25:13.910
regulatory agreement.
This will advance another
of the city's important goals

01:25:22.469 --> 01:25:25.104
ensuring the upkeep of the
property over the long run.
It also will help to ensure the

01:25:26.730 --> 01:25:27.807
problems are minimized or
avoided at the property so the

01:25:30.811 --> 01:25:32.678
madera project does not have
any support net funding from

01:25:34.140 --> 01:25:36.615
the city in order to finance
the project.
A developer of the project will

01:25:38.785 --> 01:25:40.753
request the california maynards
minisub full finance authority

01:25:42.890 --> 01:25:44.890
to issue up to one hundred

01:25:45.660 --> 01:25:47.526
million dollars in unrated a
tax-exempt 501 c3 bonds through

01:25:49.663 --> 01:25:52.131
a public offering this prompt
staff to request council
approve exception to the

01:25:53.667 --> 01:25:55.667
multifamily housing revenue

01:25:57.571 --> 01:25:59.406
bond policy.
Our bond policy requires credit

01:26:01.776 --> 01:26:03.776
enhancement and a minimum a

01:26:05.880 --> 01:26:08.810
rating for all public issuance
as the as requested by by the
developer.

01:26:09.850 --> 01:26:11.818
The city would not be able to
issue such on the public
market.

01:26:13.755 --> 01:26:15.322
Additionally, the city also
does not have sufficient

01:26:17.859 --> 01:26:20.460
capacity and staffing to
prepare and manage the bond.
The issue is for this for this

01:26:21.328 --> 01:26:23.328
project.

01:26:24.532 --> 01:26:26.466
So in order to facilitate the
bond issuance and the city

01:26:28.836 --> 01:26:30.870
needs to approve the bond
issuance of by cmf and taffer

01:26:33.541 --> 01:26:35.541
hearing in accordance with a

01:26:36.210 --> 01:26:38.245
tax code we see that we finish
our presentation that requires

01:26:40.815 --> 01:26:43.551
a council approval for the
exception of the exception to
the multifamily housing revenue

01:26:44.686 --> 01:26:47.521
bond policy and we are open for
questions.
Right.

01:26:50.250 --> 01:26:52.250
Thank you.

01:26:58.466 --> 01:27:01.680
>> public comment cavalries
uspi are we at two minutes or
one?
Yeah.

01:27:05.674 --> 01:27:07.507
Let's go back to two minutes
for this is stalags shaw

01:27:09.478 --> 01:27:11.478
speaking personally on behalf

01:27:13.648 --> 01:27:15.549
of any organization or
commission or cme group just

01:27:17.819 --> 01:27:20.387
wanted to ask staff if they'd
be willing to share a little
bit more of the story of how

01:27:22.223 --> 01:27:23.858
this came about.
It's exciting news to have more

01:27:25.727 --> 01:27:27.795
affordable housing in our
community and having middle

01:27:29.264 --> 01:27:32.330
class folks be able to live on
the alameda speaking as a
neighbor, this is a bit of a

01:27:34.302 --> 01:27:35.969
surprise we haven't heard much
about this and so even though

01:27:36.838 --> 01:27:38.572
it's not a new development,
it's always good to have the

01:27:40.843 --> 01:27:43.770
community engaged in these
processes and I think memo left

01:27:45.347 --> 01:27:47.347
a little bit of a question mark

01:27:48.651 --> 01:27:51.219
on how this came about and how
the city is keeping an eye out
for these opportunities, how it

01:27:52.520 --> 01:27:54.355
hears about these opportunities
and how it matches with

01:27:55.691 --> 01:27:57.758
nonprofits like this one to
purchase the land.

01:27:59.929 --> 01:28:02.163
I think one of the great things
about this conversion is that
residents will get top notch

01:28:04.266 --> 01:28:06.266
amenities.

01:28:07.569 --> 01:28:10.438
There's a pool at this building
rooftop deck and that's exactly
the kind of equity we want to

01:28:11.740 --> 01:28:14.409
see where residents of san jose
who live in affordable housing
get great places.

01:28:16.145 --> 01:28:18.460
One of the great places they're
also getting in this building

01:28:20.249 --> 01:28:22.249
is the ground floor which is a

01:28:23.920 --> 01:28:25.654
core power yoga, a local pub
and a hardware store and I

01:28:27.123 --> 01:28:28.890
wonder if council members or
city staff would be willing to

01:28:31.394 --> 01:28:32.994
ask or talk about that dynamic
because we do want to see that

01:28:34.964 --> 01:28:36.731
ground floor activation
continue and I'm wondering if

01:28:39.402 --> 01:28:41.169
there's anything that city
staff can shed light on and how

01:28:42.939 --> 01:28:45.206
that will be managed to ensure
that this continues to add
vibrancy to the neighborhood

01:28:46.175 --> 01:28:48.543
and amenities for the
affordable housing residents
nearby.

01:28:51.147 --> 01:28:52.781
So kudos to staff for their
creativity in finding places

01:28:54.750 --> 01:28:56.750
where we can get affordable

01:28:58.834 --> 01:29:00.543
housing in buildings that
already exist.
And if you could tell us the
community more the story
of this how this came about

01:29:01.791 --> 01:29:03.359
that would be appreciated.
>> brian followed by brian,

01:29:05.695 --> 01:29:07.695
thank you.

01:29:10.900 --> 01:29:12.900
>> I don't know what the really

01:29:14.270 --> 01:29:16.270
not brian brian, as far as the

01:29:17.374 --> 01:29:19.341
other individuals who worked on
this are should be recognize

01:29:21.611 --> 01:29:23.179
this is hard work and we're
having to work between many

01:29:25.215 --> 01:29:27.215
different bureaucracies and

01:29:28.986 --> 01:29:30.720
between state law, local laws
and finding new ways to warm

01:29:33.290 --> 01:29:35.758
multifamily housing revenues
especially for people with
issues with that kind

01:29:37.327 --> 01:29:39.327
of critical and I think

01:29:40.497 --> 01:29:42.497
everybody agrees with that and

01:29:43.867 --> 01:29:45.935
the more long term sustainable
type of housing would be really

01:29:48.505 --> 01:29:50.540
good and I didn't think I'd say
this but I'm actually thinking

01:29:52.342 --> 01:29:54.376
of moving back over to by the
alameda area really has changed

01:29:56.746 --> 01:29:58.948
a lot and that's because of the
the the effort side of the
atlantic are much more for

01:30:06.990 --> 01:30:09.580
that.
Thank ryan.
Hi.
Thank you.

01:30:11.280 --> 01:30:12.996
Yeah.
So I was curious and looking

01:30:15.566 --> 01:30:17.400
at the presentation and noting
some of the rents that are

01:30:19.303 --> 01:30:21.605
proposed for the ama units, you
look to be very similar to what
the current rents are at the

01:30:23.273 --> 01:30:25.700
property.
>> so if you could just shed a

01:30:25.676 --> 01:30:27.377
little light on why does the
public benefit and why would be

01:30:29.780 --> 01:30:32.114
forgoing significant tax
revenue to support a project
that isn't actually supporting

01:30:34.117 --> 01:30:36.117
affordable housing?

01:30:37.988 --> 01:30:40.900
Thank you.
Back to county.
>> all right.

01:30:40.900 --> 01:30:42.900
Thank you.

01:30:45.196 --> 01:30:48.310
We will start with
councilmember.
>> thank you for that.

01:30:50.200 --> 01:30:52.200
I just want to get a

01:30:52.970 --> 01:30:55.105
clarification in terms of the
what's stated here.

01:30:57.875 --> 01:31:00.100
Are you just using a different
person different organization

01:31:02.780 --> 01:31:04.780
to issue the bond or your

01:31:05.650 --> 01:31:07.918
changing the how the financing
is happening because I what I

01:31:10.255 --> 01:31:12.255
read there shows that allow the

01:31:14.590 --> 01:31:16.527
approval for alternate
organization so help
me understand are we just using

01:31:18.129 --> 01:31:20.129
a different organization?

01:31:21.299 --> 01:31:23.100
Are we actually changing the
financing model here we are

01:31:26.705 --> 01:31:28.705
asking the city council

01:31:29.473 --> 01:31:31.408
approval the issuance of from a
different organization in the

01:31:33.378 --> 01:31:35.378
of the city most of the time

01:31:36.981 --> 01:31:39.549
the city issues bonds are
at ourselves but this one this
bonds will be issued by the

01:31:41.286 --> 01:31:43.454
california municipal financing
authority.

01:31:45.157 --> 01:31:47.157
>> so it is a different kind

01:31:49.127 --> 01:31:51.610
of organizatio than bonds in
terms of a bond.

01:31:53.464 --> 01:31:55.532
So it's really depend it's
between the detailed of the

01:32:00.305 --> 01:32:02.305
bond issue that will be between

01:32:04.210 --> 01:32:06.844
the cmf and the developer.
>> so so sorry sorry sorry.
I didn't understand whether it

01:32:08.714 --> 01:32:10.714
is still the change in

01:32:11.817 --> 01:32:14.485
organized nation are using or
is it a change in financing
model?

01:32:16.221 --> 01:32:18.189
>> it is a changing of our
organization.

01:32:20.920 --> 01:32:22.920
It's the amount will be issued

01:32:22.961 --> 01:32:24.562
by cmf not a city so it is a
changing of organization then

01:32:27.700 --> 01:32:30.201
financing model.
I can't really comment on that
is definitely the issue as

01:32:31.970 --> 01:32:33.805
models are different from the
city issuance.

01:32:34.440 --> 01:32:37.375
>> ok thank you
councilmember barousse
when he would if I could just

01:32:38.644 --> 01:32:40.378
add and I think new is also
going to add to provide some

01:32:42.470 --> 01:32:44.649
clarity so just wanted to make
sure the council understood
that this developer is actually

01:32:46.985 --> 01:32:48.985
catalyst's housing group

01:32:50.156 --> 01:32:52.957
approach the city with the
request for this bond ception.
So it it is different than what

01:32:54.226 --> 01:32:56.194
we would normally do.
So I just wanted to provide

01:32:58.640 --> 01:32:59.897
that clarity that this is
at the request of the developer

01:33:02.368 --> 01:33:05.103
indicating that they would like
the mfa to actually issue the
bonds and buy new.

01:33:05.438 --> 01:33:07.405
>> did you have anything else
that I MAY yes.

01:33:09.775 --> 01:33:11.775
I wanted to just explain that

01:33:13.479 --> 01:33:15.113
the city is mainly the issue
issuer for these uh, private

01:33:17.283 --> 01:33:19.151
placement you know, multifamily
residential notes.

01:33:21.120 --> 01:33:23.540
There are scenarios where there
are outside organizations that

01:33:25.325 --> 01:33:27.920
issue these bonds and the city
has a joint powers agreement

01:33:28.661 --> 01:33:31.130
with these organizations.
Mfa is one of these
organizations.

01:33:33.990 --> 01:33:35.990
>> so if we're not the direct

01:33:36.903 --> 01:33:38.870
issuer we will see cases where
the mfa MAY be the issuer and

01:33:40.640 --> 01:33:42.708
then they will come to the city
for approval and an exemption

01:33:44.778 --> 01:33:46.778
to to our bond policy which is

01:33:48.381 --> 01:33:50.381
exactly what this is today.

01:33:51.885 --> 01:33:53.819
>> ok, thank you very much.
Ok councilor did you want to

01:33:55.889 --> 01:33:57.889
move the staff recommendation

01:33:59.426 --> 01:34:01.494
about your recommendation to
approve?

01:34:18.178 --> 01:34:20.146
Ok, let's see the other hands.
Let's vote motion passes
unanimously.

01:34:22.416 --> 01:34:24.917
>> all right.
Thank you.
Ok, we're on to item three

01:34:25.452 --> 01:34:27.620
point one.
Thank you all report of the
city manager.

01:34:29.523 --> 01:34:31.590
>> thank you mayor.
I do have a report today as we

01:34:33.461 --> 01:34:35.361
are all very aware our san jose
is one of the most diverse

01:34:37.230 --> 01:34:39.299
large cities in the country and
our arts and cultural sector is

01:34:41.135 --> 01:34:42.869
a big part of what makes the
city so unique recently

01:34:45.390 --> 01:34:47.740
published data reports revealed
how much the sector supports
our economy and has contributed

01:34:49.544 --> 01:34:51.144
to the recovery and vibrancy
of our downtown supporting our

01:34:52.646 --> 01:34:54.581
attracting investments in jobs
and housing city council focus

01:34:56.750 --> 01:34:58.685
area the arts and economic
prosperity sek six report

01:35:00.755 --> 01:35:02.388
shares at san jose's nonprofit
arts and culture sector

01:35:04.458 --> 01:35:06.192
generated two hundred and
ninety two million in economic

01:35:07.194 --> 01:35:09.863
activity in the calendar year
twenty twenty two nearly one
hundred million in spending by

01:35:12.766 --> 01:35:15.268
nonprofit arts and cultural
organizations and one hundred
and ninety two million in event

01:35:16.404 --> 01:35:18.404
related expenditures by their

01:35:20.174 --> 01:35:21.942
audiences.
The report reconfirms that

01:35:23.478 --> 01:35:25.812
nonprofit arts and culture
organizations are businesses.
They employ people and keep

01:35:28.783 --> 01:35:30.417
printers, graphic designers,
accountants, babysitters and

01:35:32.386 --> 01:35:34.788
of course bellhops and waiters
busy this economic activity
supported four thousand seven

01:35:36.757 --> 01:35:38.792
hundred and thirty eight jobs
in san jose and generated forty

01:35:40.362 --> 01:35:42.228
six point four million in tax
revenue.

01:35:43.398 --> 01:35:45.231
>> san jose's arts and culture
also play a crucial role in the

01:35:47.402 --> 01:35:50.203
recovery and resurgence of our
downtown city staff estimates
by the end of calendar year

01:35:51.973 --> 01:35:53.807
twenty twenty three are
permitted outdoor events such

01:35:56.770 --> 01:35:57.911
as san jose jazz summer fest,
viva s.J and christmas in the

01:35:58.846 --> 01:36:00.681
park will attract a total
of one point nine eight million

01:36:02.851 --> 01:36:04.851
people to downtown representing

01:36:06.421 --> 01:36:08.890
ninety seven percent of our
pre pandemic attendance numbers
.
Our partners have seen an

01:36:08.890 --> 01:36:11.460
increase in attendance with
team san jose reporting the

01:36:11.460 --> 01:36:13.460
center for the performing arts

01:36:14.830 --> 01:36:16.764
civic auditorium california
theater and the montgomery

01:36:18.232 --> 01:36:19.833
theater are at one hundred and
two percent of pre pandemic

01:36:21.403 --> 01:36:23.437
levels overall downtown
activities trending up

01:36:25.607 --> 01:36:28.409
according to the new university
of toronto study based on
mobile phone data, the number

01:36:30.145 --> 01:36:32.145
of unique visitors in downtown

01:36:34.225 --> 01:36:35.620
during the months of MARCH to
JUNE twenty twenty three
reached ninety six percent

01:36:37.553 --> 01:36:40.210
of twenty nineteen levels
ranked third nationwide and
it's the best performing city

01:36:41.623 --> 01:36:44.425
in california.
Our arts and cultural events
have contributed to this trend.

01:36:46.195 --> 01:36:47.795
I want to thank our art
partners team san jose and our

01:36:49.431 --> 01:36:51.765
office of economic development
cultural affairs for their
passion and commitment to our

01:36:52.334 --> 01:36:54.680
city.
>> thank you.

01:36:56.538 --> 01:36:59.373
Thank you jennifer.
Appreciate you sharing your
good news.
We're certainly seeing a

01:37:00.843 --> 01:37:02.843
rebound in downtown which is

01:37:04.312 --> 01:37:07.480
which is a wonderful thing.
Know councilor torres agrees
still a long way to go but but

01:37:09.850 --> 01:37:11.352
it's very positive.
>> ok, we're on to item three
point three authorizing the

01:37:12.921 --> 01:37:14.422
departments of finance and
energy to evaluate the

01:37:16.591 --> 01:37:18.591
feasibility of energy

01:37:24.533 --> 01:37:26.535
pre-payment transaction and we
do have a staff presentation.

01:37:46.589 --> 01:37:48.589
feel free to jump in when

01:37:50.827 --> 01:37:53.528
you're ready.
Thank you.
>> mayor laurie mittal,

01:37:55.197 --> 01:37:57.132
director of energy and I'm very
pleased to be joined by that
strike.

01:37:58.501 --> 01:38:00.702
Our assistant director
of energy rick bruno, our
director of finance and luis

01:38:02.638 --> 01:38:04.139
karpovsky.
How barocio the director

01:38:06.209 --> 01:38:07.943
of finance.
So this is a quick reminder

01:38:09.712 --> 01:38:11.980
of the services that san jose
clean energy provides resource

01:38:14.151 --> 01:38:16.840
clean energy use you so that is
us at the start of this graphic

01:38:17.854 --> 01:38:19.588
that energy is typically solar
wind, hydro.

01:38:21.558 --> 01:38:23.926
It's delivered on the
california transmission grid
which is operated by the

01:38:26.195 --> 01:38:28.630
california independent system
operator and then pg&e delivers

01:38:29.899 --> 01:38:31.366
that energy over their lines
and is responsible for

01:38:33.703 --> 01:38:35.537
distribution.
>> just a quick overview of our

01:38:37.741 --> 01:38:40.309
products and our rates right
now as a reminder most of our
customers are saving one to

01:38:42.213 --> 01:38:44.180
three percent on their electric
generation and you can see that

01:38:45.449 --> 01:38:47.449
on this table as well as the

01:38:48.718 --> 01:38:51.421
other products that we offer in
comparison to pg&e important to
know that we offer a 10 percent

01:38:51.555 --> 01:38:53.555
discount to our low income

01:38:55.525 --> 01:38:58.127
residents through our state
cares program.
So now that we're entering

01:38:59.996 --> 01:39:01.764
almost our fifth year
of operations we have procured

01:39:03.933 --> 01:39:05.933
about four point one nine

01:39:07.704 --> 01:39:09.538
billion dollars in renewable
energy power products and that

01:39:11.808 --> 01:39:14.760
includes about two point four
billion in long term supply
agreements.

01:39:16.460 --> 01:39:18.460
so these are agreements with

01:39:19.583 --> 01:39:21.584
solar wind that span through
twenty forty five.

01:39:23.787 --> 01:39:26.389
Over the past year we have been
exploring a mechanism to reduce
our power supply costs a

01:39:27.991 --> 01:39:29.726
further save costs for our
customers and this involves

01:39:31.362 --> 01:39:33.830
prepaying a portion of those
long term power purchase
agreements.

01:39:35.299 --> 01:39:36.900
This is a pretty well
established transaction in the

01:39:38.903 --> 01:39:41.471
industry.
This really started in the
nineteen nineties with natural

01:39:43.240 --> 01:39:45.240
gas plants and now it's being

01:39:46.811 --> 01:39:48.846
used for a lot of renewable
energy supplies.

01:39:48.846 --> 01:39:50.846
>> so you can see here others

01:39:51.115 --> 01:39:52.749
is just over the past couple
of years that have used this

01:39:54.318 --> 01:39:56.318
financing mechanism to issue

01:39:57.722 --> 01:39:59.656
bonds or pay a portion of their
power supply agreements.

01:40:01.426 --> 01:40:03.293
So far they successfully have
issued seven point six billion

01:40:05.863 --> 01:40:08.465
dollars and collectively that
saved their organizations about
forty five million dollars.

01:40:10.335 --> 01:40:11.869
So we have been definitely
interested in this and are

01:40:16.608 --> 01:40:18.742
recommending continuing to
explore that for the energy and

01:40:21.746 --> 01:40:23.513
with that I'm going to turn it
over to luce to explain the

01:40:24.849 --> 01:40:26.717
details of the financing
mechanism.

01:40:28.920 --> 01:40:30.687
So I'm going to walk you
through the financing the

01:40:32.858 --> 01:40:34.558
current way that the clean
energy does it's its purchase

01:40:36.728 --> 01:40:38.595
power purchase agreements and
then explain how the new we

01:40:39.764 --> 01:40:42.332
would do it under a prepay
financing transaction scenario
.

01:40:44.436 --> 01:40:46.604
>> so just to talk about the
participants in the usual power
purchase agreement deal,

01:40:48.273 --> 01:40:49.907
of course it's clean energy.
The finance department and then

01:40:51.709 --> 01:40:54.478
it's an energy counterparty.
So the other party to an
agreement with the city for the

01:40:55.814 --> 01:40:57.815
purchase or sale of power
products.

01:40:59.584 --> 01:41:01.986
>> and so this is a graphic
that represents what that deal
looks like, that transaction

01:41:03.210 --> 01:41:04.755
looks like.
So it's clean energy on one

01:41:06.959 --> 01:41:08.593
side an energy counterparty or
a power generator on the other

01:41:10.795 --> 01:41:13.531
side of the transaction.
No one is a power purchasing
agreement and that is simply

01:41:15.267 --> 01:41:17.100
once again an agreement for
clean energy to procure power

01:41:19.371 --> 01:41:21.371
products from the power

01:41:22.808 --> 01:41:24.875
generators very, very straight
forward on a monthly basis.

01:41:26.245 --> 01:41:28.790
No to energy comes from the
energy counterparty to clean

01:41:30.682 --> 01:41:32.450
energy and once again on a
monthly basis clean energy pays

01:41:34.186 --> 01:41:36.186
a the power generators, the

01:41:37.657 --> 01:41:39.490
energy counterparty.
So what does a prepaid

01:41:41.260 --> 01:41:44.162
financing transaction look like
versus this one?
>> so we have a number

01:41:45.597 --> 01:41:47.899
of participant we still have
obviously clean energy in the
finance department.

01:41:50.469 --> 01:41:52.469
We still have our energy

01:41:53.139 --> 01:41:55.340
counterpart but we start adding
additional participants to this
.

01:41:57.142 --> 01:41:59.142
We add the conduit issuer which

01:42:01.147 --> 01:42:03.515
is a arm's length tax exempt
ish bond issuer to the deal we
had to prepare counterparty

01:42:05.285 --> 01:42:07.285
which is a financial

01:42:08.988 --> 01:42:11.456
institution or other investment
grade credit rated entity.
We had a tax exempt bond

01:42:11.924 --> 01:42:14.326
holders.
They are purchasers of this
prepay bonds in exchange for

01:42:16.496 --> 01:42:18.496
principal and interest payments

01:42:20.660 --> 01:42:22.668
which is debt service over the
term of the respective bond and
then we had the transaction

01:42:24.203 --> 01:42:25.937
consultants would support the
the structuring and the

01:42:27.707 --> 01:42:29.875
issuance of the prepay bonds.
These are folks like the bond

01:42:31.944 --> 01:42:34.112
tax council and municipal valid
financial advisors and others.

01:42:35.782 --> 01:42:37.983
So once again to use a graphic
to explain this, it's a little
bit more complicated as you

01:42:39.653 --> 01:42:41.219
might say.
So once again we have clean

01:42:43.956 --> 01:42:46.558
energy.
We have on the left hand side
we have the energy counterparty

01:42:47.293 --> 01:42:49.928
on the right hand side of the
power generators.
We have no want the power

01:42:51.464 --> 01:42:53.833
purchase agreements are still
in place.
But the difference about these

01:42:55.836 --> 01:42:57.503
power purchase agreements is
there is language in there that

01:42:59.573 --> 01:43:01.573
includes the ability to assign

01:43:03.543 --> 01:43:05.477
on a limited basis to a prepay
counterparty using a term that

01:43:08.515 --> 01:43:10.149
they they are a limited
agreement, a limited assignment

01:43:10.817 --> 01:43:13.286
agreement then that's number
two and that's the middle
towards the top.

01:43:15.189 --> 01:43:16.856
So that's one agreement the
next agreement is between clean

01:43:18.324 --> 01:43:20.359
energy and the conduit issuer
and that's the lower left hand

01:43:22.629 --> 01:43:25.131
side of the of the slide and
that is a clean energy purchase
contract and essentially it's

01:43:27.000 --> 01:43:29.235
the terms and conditions
between clean energy and the
conduit issuer.

01:43:31.400 --> 01:43:32.572
This point we're looking
at california, the community

01:43:34.641 --> 01:43:36.875
choice financing authority that
is a joint powers authority

01:43:38.645 --> 01:43:41.113
that is made up of I believe
five community choice
aggregators, similar scales

01:43:42.449 --> 01:43:44.417
that are similar to clean
energy.

01:43:46.687 --> 01:43:49.489
So it's a it's a familial
connection in that in that they
basically are in the same

01:43:50.157 --> 01:43:51.924
business that we are so that
the next agreement that happens

01:43:53.694 --> 01:43:56.950
is number four between the
prepay counterparty.
That's a financial institution

01:43:57.832 --> 01:43:59.365
that's generally the morgans
the the very large

01:44:02.136 --> 01:44:03.770
organizations jp morgan,
citigroup, royal bank of canada

01:44:05.740 --> 01:44:07.741
these are robust institutions.
They are investment grade.

01:44:09.477 --> 01:44:11.211
They are highly rated in this
business and that's master

01:44:13.214 --> 01:44:15.582
power supply agreement that is
entered into between the prepay
counterparty again the

01:44:17.551 --> 01:44:19.486
financial institution and the
conduit issuer that essentially

01:44:21.422 --> 01:44:23.490
once again lays out the terms
and conditions.

01:44:25.590 --> 01:44:27.127
>> number five is one the
conduit issuer issues the debt

01:44:28.662 --> 01:44:31.298
the tax exempt bond to the bond
holders.
This is it's important to note

01:44:40.675 --> 01:44:43.111
that these bonds are
nonrecourse to the cdo or clean
energy and what that means is

01:44:43.111 --> 01:44:45.380
that those bonds do not appear
on the city balance.
They do not appear in clean

01:44:45.380 --> 01:44:47.915
energy balance sheet.
They are not debt of the city
or clean energy.

01:44:48.383 --> 01:44:50.500
So in the future as we go out
for a credit rating for clean

01:44:51.819 --> 01:44:53.754
energy or when we're examining
our debt, our debt portfolio,

01:44:56.357 --> 01:44:58.357
these these bonds will not

01:45:00.228 --> 01:45:02.296
appear number six is those
dollars that come from those
bonds.

01:45:03.397 --> 01:45:05.432
>> the issuance of those bonds
those dollars are given to the

01:45:11.720 --> 01:45:13.720
are forwarded to the financial

01:45:14.809 --> 01:45:17.211
institution and sorry and then
seven and so finally the
transaction has happened.

01:45:18.714 --> 01:45:20.648
The funds have been transferred
to the financial institution

01:45:21.950 --> 01:45:24.318
and now here comes the energy.
So on the right hand side again
at number seven the energy

01:45:26.388 --> 01:45:28.322
counterparty is providing the
energy to the prepack

01:45:31.920 --> 01:45:32.993
counterparty, the prepack
counterparty pays the energy
counterparty.

01:45:34.229 --> 01:45:35.963
These transactions are
happening on a monthly basis.

01:45:38.333 --> 01:45:40.333
>> number nine, the

01:45:41.904 --> 01:45:43.737
counterparty moves that energy
to through the conduit issuer.

01:45:45.641 --> 01:45:48.109
The conduit issued at number
ten moves that to clean energy
and please think these are

01:45:49.378 --> 01:45:52.247
virtual transactions.
We're not actually these are
moved the energy is moving to
the grid.

01:45:53.115 --> 01:45:55.150
These are just payments that
are being transferred back and
forth.

01:45:55.150 --> 01:45:57.150
But we're demonstrating that it

01:45:57.285 --> 01:45:59.285
is paying for energy between

01:46:01.657 --> 01:46:04.291
these separate separate
entities and number eleven
which is the red arrow from

01:46:05.428 --> 01:46:07.162
clean energy to the conduit
issuer and this is where the

01:46:09.532 --> 01:46:11.990
importance of the discount is.
So in the memo we refer to a

01:46:12.868 --> 01:46:14.735
minimum eight percent discount
that we were looking for that

01:46:16.205 --> 01:46:18.172
we would consider a successful
transaction in a transaction we

01:46:20.242 --> 01:46:23.178
would entertain if we were able
to go forward on this.
And so effectively if I want to

01:46:24.130 --> 01:46:25.881
give you a simple example if I
have a power purchase agreement

01:46:28.651 --> 01:46:30.651
that's for one hundred dollars

01:46:32.736 --> 01:46:34.356
that that payment for number
eleven would be an end assuming
an eight percent minimum
essentially clean energy would

01:46:36.590 --> 01:46:37.925
be paying ninety two dollars
versus one hundred dollars.

01:46:40.290 --> 01:46:42.290
So that's where the discount

01:46:42.898 --> 01:46:45.701
happens and then finally the
last red arrow is the payment
from the conduit issuer once

01:46:48.710 --> 01:46:49.805
again nonrecourse to the city
as you can see on the graphic,

01:46:50.974 --> 01:46:52.808
there is no connection between
clean energy and the taxes

01:46:55.111 --> 01:46:57.111
bondholders that debt service

01:46:58.781 --> 01:47:01.500
is paid by the conduit issuer.
So what are some considerations
regarding these financing

01:47:02.919 --> 01:47:05.320
transactions?
The savings that we're talking
about, these eight percent

01:47:06.356 --> 01:47:08.957
savings are really only
available during the initial
pricing period or the what's

01:47:11.661 --> 01:47:13.429
called a tenor and that's for
the first five or ten years

01:47:14.998 --> 01:47:16.865
that we will eventually during
this 30 year bonds are for 30

01:47:18.134 --> 01:47:20.503
years but we have been cut up
into pieces in particular
downers.

01:47:20.570 --> 01:47:22.570
So there is potential in the

01:47:22.806 --> 01:47:24.473
future that we MAY not have an
ability to market these same

01:47:26.610 --> 01:47:28.477
these same purchase power
agreements again, it's

01:47:30.347 --> 01:47:33.149
important to note that while we
will realize savings during the
first five to 10 years we MAY

01:47:34.684 --> 01:47:36.351
not realize any additional
savings once again that's

01:47:38.321 --> 01:47:40.389
dependent on what the market
what the market will bear.

01:47:40.523 --> 01:47:42.859
>> so in summary, the economics
over the 30 year life of the

01:47:42.859 --> 01:47:44.859
bonds are fairly unknown.

01:47:45.629 --> 01:47:47.363
But for the first five to 10
years again the initial tenor

01:47:50.801 --> 01:47:52.434
we will realize those savings.
>> it is a complex is a lengthy

01:47:53.703 --> 01:47:55.437
transaction structure while it
has been in place since the

01:47:57.941 --> 01:47:59.909
1990s across the united states
mostly in gas right now in the

01:48:01.945 --> 01:48:03.579
last few years has been it's
been used for electrical energy

01:48:05.449 --> 01:48:07.383
as well.
And as we demonstrated on the

01:48:10.530 --> 01:48:11.787
chart before, communicate the
particulars of the jpa that

01:48:13.957 --> 01:48:15.625
we've been talking about issued
that seven point seven billion

01:48:17.940 --> 01:48:18.728
dollars worth of bonds and then
also there will be multiple

01:48:21.650 --> 01:48:23.650
remarketing marketings diridon

01:48:24.267 --> 01:48:26.202
life of the bonds and I'll turn
it over to rick bruno to finish
.

01:48:28.872 --> 01:48:30.539
>> thank you.
Next I will cover the benefits

01:48:32.710 --> 01:48:34.310
risks mitigation the next steps
as it pertains the prepayment

01:48:36.514 --> 01:48:38.347
transaction overall this
financing mechanism provides

01:48:39.683 --> 01:48:41.651
the potential for san jose
clean energy to realize seven

01:48:43.321 --> 01:48:45.154
to 10 percent savings or four
to six million dollars per year

01:48:47.725 --> 01:48:49.625
over the existing power
purchase agreements pricing.

01:48:51.362 --> 01:48:53.863
This city is targeting an eight
percent savings threshold
during the initial pricing

01:48:56.000 --> 01:48:57.734
period which is typically five
to 10 years another benefit

01:48:59.704 --> 01:49:01.438
of proceeding with the
prepayment financing

01:49:03.708 --> 01:49:06.409
transaction is the bonds are
nonrecourse to the city or
san jose clean energy.

01:49:07.178 --> 01:49:09.680
As a result the bonds will not
be on the balance sheet meaning
that the debt will not be

01:49:11.415 --> 01:49:13.183
adversely affect any financial
ratios used by rating agencies

01:49:16.870 --> 01:49:17.620
in the future including the
debt capacity or the debt

01:49:19.557 --> 01:49:21.625
coverage ratio.
Finally, the savings noted

01:49:22.693 --> 01:49:24.728
above can help san jose clean
energy stay competitive with

01:49:27.799 --> 01:49:29.799
rates, build fund reserves,

01:49:31.879 --> 01:49:34.638
fund customer programs and or
energy related climate smart
work.
>> on the risk side there are

01:49:35.240 --> 01:49:36.874
four risk identified related to
energy prepayment transactions

01:49:39.244 --> 01:49:41.211
along with the mitigations
financial risk is minimized by

01:49:43.748 --> 01:49:45.382
utilizing the conduit issuer as
previously noted, the bonds are

01:49:46.885 --> 01:49:48.752
nonrecourse of the city so
there is little to no financial

01:49:51.223 --> 01:49:52.789
risk prepay counterparty risk
is minimized by selecting an

01:49:54.526 --> 01:49:56.394
experienced counterparty
through a competitive

01:49:58.464 --> 01:50:00.397
procurement process and by
requiring a termination payment

01:50:01.966 --> 01:50:03.901
sufficient to pay all bonds
should a default event occur.

01:50:07.305 --> 01:50:08.872
Volumetric risk is minimized by
assigning only a portion

01:50:09.808 --> 01:50:12.176
of eligible power purchase
agreements structuring the
transaction to allow

01:50:14.113 --> 01:50:15.679
substitution and addition
of other power purchase

01:50:18.490 --> 01:50:20.117
agreements and including a
provision to remove or replace
underperformin energy

01:50:22.254 --> 01:50:24.122
counterparts.
And finally, regulatory risk

01:50:25.570 --> 01:50:27.570
will be monitored for any irs

01:50:28.827 --> 01:50:31.950
changes that impact the
treatment of these transactions
.

01:50:32.865 --> 01:50:35.533
So looking at next steps
at this point in our assessment
we feel that there are adequate

01:50:37.403 --> 01:50:39.370
risk mitigation strategies in
place and the benefits outweigh

01:50:40.740 --> 01:50:43.740
the risk.
Today's action is to gain city
council's authorization to

01:50:45.430 --> 01:50:46.811
continue evaluating the
feasibility of energy repayment

01:50:49.148 --> 01:50:50.882
financing and authorization to
join the california community

01:50:53.520 --> 01:50:54.986
choice financing authority if
deemed feasible between

01:50:56.355 --> 01:50:58.890
december and MAY the city will
issue a request for proposal

01:51:00.259 --> 01:51:01.893
for prepay counter parties
amend power purchase agreements

01:51:04.363 --> 01:51:06.310
to include assignment language,
finalize the portfolio of power

01:51:07.399 --> 01:51:09.133
purchase agreements that would
be included in the transaction

01:51:11.710 --> 01:51:12.738
and join the california
community choice financing

01:51:15.108 --> 01:51:17.410
authority should the
transactions projected savings

01:51:19.311 --> 01:51:21.813
reach eight percent in JUNE
twenty twenty four we will
return to city council to

01:51:22.949 --> 01:51:25.250
present the results of the
feasibility valuation and
recommended present required

01:51:27.787 --> 01:51:29.387
agreements and documentation
documents at the city council

01:51:31.491 --> 01:51:33.925
for approval.
>> so the final site includes
the recommendation for
reference.

01:51:34.600 --> 01:51:36.600
This concludes our presentation

01:51:37.230 --> 01:51:39.531
and we're available for
questions.
Great.

01:51:41.301 --> 01:51:43.350
Thank you for taking the time
to walk us through that turn

01:51:44.938 --> 01:51:47.305
into a public comment.
>> we have no cards or hands
for this item.

01:51:48.875 --> 01:51:50.943
>> ok, great.
We're back to the council then

01:51:52.645 --> 01:51:54.645
maybe we'll kick off with just

01:51:56.150 --> 01:51:58.617
a quick question is is the
primary reason this would work
the difference essentially the

01:52:01.388 --> 01:52:02.954
difference we're just trying to
simplify was a lot of dense

01:52:05.592 --> 01:52:07.226
material.
The difference between the cost

01:52:09.296 --> 01:52:11.130
at which we can essentially
borrow money as a as a public

01:52:12.666 --> 01:52:14.734
entity versus the cost
of capital for the counterparty
out there.

01:52:17.504 --> 01:52:19.939
>> I mean that's essentially
where the arbitrage is not
enough not a bad sense but

01:52:21.308 --> 01:52:23.709
that's not the right word.
But that's where the gap is.
>> that's exactly where it

01:52:24.244 --> 01:52:25.811
exists.
So once again a real simple

01:52:28.281 --> 01:52:30.316
example.
I'm making up numbers again if

01:52:32.186 --> 01:52:34.186
we if the cost of capital for

01:52:36.357 --> 01:52:39.192
that financial institution is
five five five dollars on one
hundred dollars so that's five
percent.

01:52:40.861 --> 01:52:42.728
So you've got one hundred
dollar loan they need to get on

01:52:44.899 --> 01:52:47.166
board you need to do they pay
five dollars as tax-exempt we

01:52:48.335 --> 01:52:50.335
might issue that at my cost us

01:52:51.371 --> 01:52:53.239
four it's four percent so that
difference is the benefit right

01:52:53.407 --> 01:52:55.407
ok that's what I thought.

01:52:56.177 --> 01:52:57.811
>> I just wanted to make sure
that was correct and made sense

01:52:59.413 --> 01:53:01.130
to everyone.
>> ok great transferred one.

01:53:03.500 --> 01:53:05.180
Thank you mayor.
I have several questioner thank

01:53:10.224 --> 01:53:12.224
you staff for the report after

01:53:14.429 --> 01:53:16.163
the five or ten years
of getting reduced cost what

01:53:18.432 --> 01:53:20.432
happened after that the next

01:53:22.536 --> 01:53:25.238
twenty years or so.
So um as we can lose that's a
great question councilmember um

01:53:26.173 --> 01:53:28.173
as they explained um we could

01:53:29.777 --> 01:53:32.579
remarket if the market isn't
there and that isn't successful
then what happens is it reverts

01:53:33.515 --> 01:53:35.482
to the agreement that we have
today.

01:53:37.552 --> 01:53:39.720
So uh the status quo we
continue paying the price that

01:53:41.656 --> 01:53:43.490
we have agreed to as it stands
today.

01:53:44.292 --> 01:53:46.292
>> thank you, toni.

01:53:49.630 --> 01:53:51.630
Can you show the graphic that

01:53:51.632 --> 01:53:53.632
you have online?

01:54:02.610 --> 01:54:04.610
I can't but they can they're

01:54:06.715 --> 01:54:09.516
pulling it up in that case.
>> which graphic?
uh, that was sent over from

01:54:17.525 --> 01:54:19.993
my site.
Eighteen eight.

01:54:22.864 --> 01:54:24.864
No, no, it was it was a graphic

01:54:26.835 --> 01:54:28.336
sent over by my chief staff not
from the presentation.

01:54:29.305 --> 01:54:30.771
No.
Um oh I just got it in

01:54:37.579 --> 01:54:39.579
my email.

01:54:41.149 --> 01:54:43.170
Hold on.
>> ok, so here's a simple

01:54:45.187 --> 01:54:47.522
my staff spent hours just uh
creating this graphic and
showing their artistic value

01:54:49.580 --> 01:54:51.580
here.

01:54:52.795 --> 01:54:55.229
So if you literally destroyed
seven residents um when they
get their build they're not

01:54:56.765 --> 01:54:58.633
very happy.
>> they actually cost us last

01:55:00.636 --> 01:55:03.605
and the saving is above.
Where does that saving goes to
?
Does it go back to the

01:55:05.207 --> 01:55:07.207
residence where it should be

01:55:08.610 --> 01:55:11.120
because people pay for what
they get and not a penny more
and I wonder where's that

01:55:12.781 --> 01:55:14.716
saving forty six dollars
million per year go to?

01:55:16.185 --> 01:55:18.720
Yeah that's a very good
question councilmember so our
rates are based on our power

01:55:20.589 --> 01:55:22.423
supply costs.
So if we can lower those costs

01:55:23.992 --> 01:55:25.760
we can pass along rate savings
to customers.

01:55:27.930 --> 01:55:30.365
Um so typically we bring
forward a rate recommendation
annually this year we'll bring

01:55:32.601 --> 01:55:34.202
that forward in JANUARY.
>> um and so this will inform

01:55:36.672 --> 01:55:38.340
those rate recommendations.
So there's you know no one our

01:55:40.176 --> 01:55:42.477
power supply high cost inform
our rates and that's that's our
biggest cost.

01:55:43.946 --> 01:55:45.781
>> so that's why we're looking
at you know, every possibility

01:55:48.284 --> 01:55:50.418
of how to reduce those costs.
>> the other things that we
consider is building fund

01:55:51.588 --> 01:55:53.555
reserves.
So making sure we can keep

01:55:56.259 --> 01:55:58.827
rates competitive over the long
term and then also this year
we'll look at small amounts

01:56:00.563 --> 01:56:02.730
of program funding for our
customers as well and that all
will come to council for

01:56:04.534 --> 01:56:06.134
approval.
Um, so looking forward to that

01:56:08.137 --> 01:56:09.705
conversation in JANUARY but
it's a really good point.

01:56:11.975 --> 01:56:13.675
>> thank you.
Is part of the saving could

01:56:16.580 --> 01:56:18.547
go to general fund.
>> yeah, that's a very good
question.

01:56:20.317 --> 01:56:22.317
So unfortunately we cannot are

01:56:24.187 --> 01:56:26.187
the regulated um you know

01:56:28.910 --> 01:56:30.226
require us to use energy funds
um on uh the services we

01:56:32.596 --> 01:56:34.263
provide so we can fund energy
programs and related services

01:56:36.330 --> 01:56:37.867
and we can provide rate
discounts, discounts on

01:56:40.360 --> 01:56:42.538
customers but not directly to
the general fund.
>> thank you.

01:56:45.618 --> 01:56:46.847
I would imagine the result
would be very appreciative they

01:56:48.178 --> 01:56:50.580
get some type of refund or
credit towards their the bill.

01:56:51.915 --> 01:56:53.915
Thank you very much for your uh

01:56:56.286 --> 01:56:58.688
report.
Thank you councilmember I'd
like to move this stuff.

01:57:00.570 --> 01:57:01.890
>> uh, yes.
Um I'd like to move to uh

01:57:03.460 --> 01:57:05.460
accept the uh staff report

01:57:14.972 --> 01:57:16.973
second.
Ok, toni botsford uh motion
passes unanimously.

01:57:18.376 --> 01:57:20.376
>> great.
Thank you all right.

01:57:22.460 --> 01:57:24.800
We are on item three point four
which is the acceptance
of retirement plans

01:57:26.150 --> 01:57:27.784
comprehensive annual investment
fee reports for calendar twenty

01:57:50.974 --> 01:57:52.767
twenty two.
We do have a staff presentation
.

01:57:57.415 --> 01:57:59.583
All right.
Uh, welcome.
Thank you.

01:58:01.452 --> 01:58:03.520
Uh, good afternoon.
City council members.

01:58:05.490 --> 01:58:07.124
MR. Mayor, uh, the report
everyone's waiting for is the

01:58:09.127 --> 01:58:12.620
annual expense report of our
pension plans and uh it's
my privilege to present this to

01:58:13.397 --> 01:58:15.532
the council as I have done for
the last five years.

01:58:17.702 --> 01:58:19.536
And uh, just to preface
my remarks this is one of the

01:58:21.720 --> 01:58:23.440
most comprehensive, uh, reports
presented by any public
institution in the state

01:58:25.420 --> 01:58:27.210
of california.
>> so we have very, very few

01:58:29.580 --> 01:58:31.415
data points, uh, to compare to
and the credit for that should

01:58:33.284 --> 01:58:34.785
really go to my predecessor who
came up with this report

01:58:35.653 --> 01:58:37.653
several years ago.

01:58:43.694 --> 01:58:45.296
>> uh, with that I'm going to
uh and also to introduce sorry

01:58:47.131 --> 01:58:49.660
uh my apologies.
I'm here with the trustee

01:58:49.134 --> 01:58:51.134
andrew cardinia of the police

01:58:51.803 --> 01:58:54.710
and fire plan, a former chair
of the police and fire board.

01:58:55.807 --> 01:58:57.375
>> um, so we take our office
very seriously, our expenses

01:58:59.110 --> 01:59:01.879
very seriously.
We negotiated hard to reduce
our fees and fees are really a

01:59:03.682 --> 01:59:05.282
function of our asset
allocation more than anything

01:59:07.419 --> 01:59:10.540
else.
>> um but you know, we do we do
have to pay our managers and so

01:59:11.823 --> 01:59:13.458
this fee report includes not
just the fees that we pay our

01:59:14.426 --> 01:59:16.361
managers but it also includes
other expenses like operating

01:59:18.431 --> 01:59:21.332
expenses, incentive fees, uh
staff salaries, consultants,
custodian and so on.

01:59:23.202 --> 01:59:25.169
>> and so this fee report is
based on a calendar year basis

01:59:26.538 --> 01:59:28.720
as we have done in the past and
this is for calendar year

01:59:30.175 --> 01:59:32.410
twenty twenty two.
And as you can see from this

01:59:34.813 --> 01:59:37.315
slide here, the total fees paid
was sixty four point eight
million.

01:59:37.817 --> 01:59:39.350
You can see that on the top
half of this slide that's

01:59:42.755 --> 01:59:44.755
management incentive and

01:59:45.424 --> 01:59:48.920
operating expenses and as we
have asset base of eight point
one billion among all four

01:59:50.196 --> 01:59:52.497
plants that's the two pension
plans as well as the health
care trusts.

01:59:54.660 --> 01:59:56.660
And so that translates to about

01:59:57.337 --> 01:59:59.404
80 basis points in total and in
the bottom half of that slide

02:00:00.640 --> 02:00:02.273
you will see the other costs
of running our pension system

02:00:04.643 --> 02:00:06.411
at staff salary consultant
custodian and so on and that

02:00:08.581 --> 02:00:10.616
totals five point eight billion
for a total of seven basis
points.

02:00:10.616 --> 02:00:12.616
>> now to put this in

02:00:13.185 --> 02:00:15.185
perspective, I'll go to the

02:00:16.356 --> 02:00:18.223
next slide and as you can see
on the left hand side our fees

02:00:20.292 --> 02:00:22.794
decreased from twenty one to
twenty two from one point five
five percent to zero point

02:00:23.830 --> 02:00:26.231
eight percent.
Now this looks really
attractive but it's not all

02:00:27.400 --> 02:00:30.302
good.
>> so let's dig in uh to this
um so you can see there's

02:00:32.171 --> 02:00:33.806
really three components to it
management fees, incentive fees

02:00:36.275 --> 02:00:38.420
and operating expenses.
So management fees were fifty

02:00:39.613 --> 02:00:41.980
six basis points and those are
the fees that we can really
control.

02:00:44.351 --> 02:00:46.986
and so they've been going down
uh it's gone up from last year
slightly but you know over the

02:00:48.121 --> 02:00:50.121
long run that's actually gone

02:00:50.890 --> 02:00:52.758
down and there'll be another
slide that explains why now you

02:00:55.728 --> 02:00:58.230
can see that the biggest change
was in incentive fees and last
year incentive fees were ninety

02:00:58.999 --> 02:01:01.400
four basis points and this year
it's only seven basis points.

02:01:02.936 --> 02:01:04.804
>> and when I said this year I
mean twenty twenty two and the

02:01:06.572 --> 02:01:08.507
reason for that is you can see
the performance below that

02:01:10.677 --> 02:01:12.611
twenty twenty one calendar year
uh return of fourteen point

02:01:13.780 --> 02:01:15.715
nine percent and twenty twenty
two calendar year return was

02:01:17.851 --> 02:01:19.853
negative nine point two percent
so we ended up not being a lot
of incentive fees for our

02:01:19.853 --> 02:01:21.853
managers.

02:01:22.655 --> 02:01:24.323
>> so even though our fees have
come down you can see that was

02:01:26.293 --> 02:01:27.960
because the market was the
market was down and we ended up

02:01:30.129 --> 02:01:32.431
paying less in terms
of incentive fees and the third
component of it is operating

02:01:34.201 --> 02:01:35.768
expenses and operating expenses
actually went from ten basis

02:01:37.704 --> 02:01:40.206
points to seventeen basis
points and the reason for that
was twofold.

02:01:41.342 --> 02:01:43.743
One is our asset base was
slightly down because our
returns were negative for

02:01:45.646 --> 02:01:47.212
calendar year twenty twenty two
and so when your asset base

02:01:48.982 --> 02:01:51.500
goes down automatically your
fees as a percentage goes.

02:01:52.719 --> 02:01:54.955
>> so some of that was that and
also because we have you know
we do have a sophisticated

02:01:54.955 --> 02:01:56.955
investment program.

02:01:57.425 --> 02:01:58.958
We do invest in private market
assets and private market

02:02:01.328 --> 02:02:02.995
assets actually bear higher
fees so operating cost went up

02:02:04.765 --> 02:02:07.133
from ten basis points to
seventeen basis points.

02:02:08.603 --> 02:02:10.570
>> so for a total of so it went
down from one point five five

02:02:12.439 --> 02:02:14.407
percent to zero point eight
zero percent and on the right

02:02:16.277 --> 02:02:18.277
side you can see uh our

02:02:20.470 --> 02:02:21.781
comparison of fees to other
public agencies and this is

02:02:23.818 --> 02:02:25.885
from the cfr report.
>> now the cfr reported several
limitations.

02:02:28.560 --> 02:02:30.423
It only includes directly
invoiced fees and not separate
account fees.

02:02:32.393 --> 02:02:34.261
So while it's not entirely
accurate at gives you some idea

02:02:36.630 --> 02:02:38.630
of where we are, uh, compared

02:02:39.330 --> 02:02:41.935
to our public plan psps and you
can see auris is the green
bubble in there and we are

02:02:49.177 --> 02:02:51.779
somewhere in the middle of the
pack for our peers so I
mentioned before that the thing

02:02:53.681 --> 02:02:56.183
that we can really control is
management fees and how have we
done this?

02:02:57.850 --> 02:02:59.186
We've done this by uh two to
four.

02:03:00.956 --> 02:03:03.256
Uh, the first thing is by
adopting uh greater uh passive
strategies.

02:03:05.193 --> 02:03:07.661
So where possible we actually
hire passive managers and
passive managers and passive

02:03:09.865 --> 02:03:11.865
strategies are those that

02:03:13.235 --> 02:03:15.403
replicate an index and carry a
lot less in fees as an example,

02:03:17.372 --> 02:03:19.140
you know us large cap equity is
an asset class which is very

02:03:21.176 --> 02:03:23.477
efficient and very hard to add
value over the benchmark and
for those strategies we

02:03:25.847 --> 02:03:27.847
actually adopt uh, passive

02:03:29.510 --> 02:03:30.851
managers and so you can see
here roughly forty two percent

02:03:37.920 --> 02:03:39.694
of all our equity strategies
are actually passive so the fee
breakdown so the management

02:03:41.429 --> 02:03:43.397
fees in total is fifty nine
basis points of which fifty

02:03:52.875 --> 02:03:55.211
seven basis points are paid to
active managers and two basis
points to passive managers and

02:03:55.211 --> 02:03:57.212
what what is the breakdown
of that.
Uh fifty seven you can see the

02:03:57.212 --> 02:03:58.847
right side but eighteen basis
points goes to long only active

02:04:00.315 --> 02:04:03.170
managers and about eight basis
points goes to hedge fund
managers and about thirty two

02:04:04.787 --> 02:04:06.787
basis points which is the bulk

02:04:07.322 --> 02:04:09.322
of it goes to private asset

02:04:12.227 --> 02:04:14.363
managers.
Now our management fee ratio as

02:04:14.363 --> 02:04:16.765
a whole if you look at the last
any at eight years it has been

02:04:16.765 --> 02:04:18.332
trending down though it has
picked up in the last couple

02:04:20.769 --> 02:04:23.400
of years.
So in 2001 it was eighty two
basis points combined for our

02:04:23.806 --> 02:04:25.407
plan.
It's now about sixty one basis

02:04:27.209 --> 02:04:30.110
points.
The reason it's ticked up over
the last couple of years is the

02:04:31.347 --> 02:04:33.448
greater adoption of private
strategies.

02:04:36.352 --> 02:04:37.986
>> so we expect our fees to be
somewhat in this ballpark going

02:04:38.854 --> 02:04:40.854
forward unless the board's

02:04:42.424 --> 02:04:44.693
desire to make a radical change
in asset allocation.
>> that concludes

02:04:47.263 --> 02:04:49.698
my presentatio MR. Mayor.
Happy to take questions.
>> thank you.

02:04:50.433 --> 02:04:53.234
Probably let's go to public
comment first.
>> I have no cards are hands

02:04:55.204 --> 02:04:57.204
for this item ok?

02:04:58.740 --> 02:05:00.209
Coming back to council uh
councilor do want to have your

02:05:02.178 --> 02:05:04.178
hand up first I would accept

02:05:05.448 --> 02:05:08.350
the report.
Ok, you said you move
acceptance.
Yes.

02:05:13.356 --> 02:05:14.990
was there a second ok second
from bartra vice mayor in thank

02:05:18.610 --> 02:05:20.610
you.

02:05:21.632 --> 02:05:23.299
Um so one of the things that
you just mentioned is that um

02:05:25.369 --> 02:05:27.235
where you have control is
really on the management fees

02:05:29.439 --> 02:05:31.707
and we all know that twenty
twenty two was a very bad down

02:05:32.976 --> 02:05:34.976
year and there was not a lot a

02:05:36.346 --> 02:05:38.380
lot of information in the staff
report itself as a new person

02:05:40.750 --> 02:05:42.750
on this council it would be

02:05:44.120 --> 02:05:46.155
very helpful to have a little
bit more I will say that

02:05:49.159 --> 02:05:51.227
roberto did give an orientation
but for those of us who do not

02:05:52.195 --> 02:05:54.230
do this day in day out, I think
that it would be extremely

02:05:55.699 --> 02:05:57.699
helpful to have a little bit

02:06:00.834 --> 02:06:02.834
more detail in terms of how the

02:06:05.962 --> 02:06:08.310
two boards are able to take a
look at, you know, what the
what the fees are, the
structure, how it's going

02:06:11.281 --> 02:06:13.116
because you know, I can see
that the costs were reduced but

02:06:15.486 --> 02:06:17.520
that was basically because
of the incentives right?

02:06:19.290 --> 02:06:21.290
I mean the majority of it is

02:06:27.165 --> 02:06:29.899
really just the incentives and
the see if I could find the yes
,the majority of it was the

02:06:30.434 --> 02:06:32.268
incentives.
But you still went up in

02:06:34.272 --> 02:06:36.205
operating expenses so I don't
know how much more was going on

02:06:38.809 --> 02:06:40.809
and it just would be good

02:06:50.429 --> 02:06:52.303
information to know this is one
of the most important I think
in terms of looking
at retirement services and the
future of the dollars that are
spent in for our our workforce

02:06:54.192 --> 02:06:56.192
and those in retirement.

02:06:57.529 --> 02:06:59.363
>> so I'm just thinking that it
would be very helpful to have a

02:07:02.330 --> 02:07:04.330
little bit more description and

02:07:05.837 --> 02:07:07.837
knowing how it all happened the

02:07:09.207 --> 02:07:11.207
previous years from 2018, 2019,

02:07:12.376 --> 02:07:14.211
2020 seem to be a little bit
more regular and I know that it

02:07:16.581 --> 02:07:18.749
went up because of the
incentives in 2021.

02:07:20.518 --> 02:07:22.352
>> but you know, I'm just I'm
just curious as to as your

02:07:24.622 --> 02:07:26.991
board deliberates, you know,
what are the things that are
looking at?

02:07:27.526 --> 02:07:29.793
What are the things that we
could be informed?

02:07:32.364 --> 02:07:34.980
So I just say that by way
of this being tremendously

02:07:35.667 --> 02:07:37.701
important and you're right,
it's very comprehensive but I

02:07:40.105 --> 02:07:42.105
also believe that it would be

02:07:43.575 --> 02:07:45.575
much more at least for me it

02:07:47.545 --> 02:07:49.413
would be much more helpful to
know what are the you know what

02:07:49.581 --> 02:07:51.581
what more is going on.

02:07:52.250 --> 02:07:53.851
>> so I don't know if that
happens your board meetings or

02:07:55.754 --> 02:07:57.722
whatever.
I know we have a liaison to

02:08:00.191 --> 02:08:02.191
both boards but I just feel

02:08:03.762 --> 02:08:05.762
that it it does need a little

02:08:06.931 --> 02:08:08.533
bit more than what was in the
in the staff report which was

02:08:11.236 --> 02:08:13.537
not much ok.
>> and when you say the staff
report you don't mean this

02:08:14.706 --> 02:08:16.840
presentation but you mean the
other two very comprehensive

02:08:19.145 --> 02:08:20.978
reports that no no no no not
that not the reports itself but

02:08:21.913 --> 02:08:23.913
a little bit more analysis I

02:08:25.617 --> 02:08:27.552
think would be helpful.
>> ok, for example, for example

02:08:30.990 --> 02:08:32.990
,the incentives obviously were

02:08:34.326 --> 02:08:36.394
down simply because the the the
market was that I mean we all

02:08:38.164 --> 02:08:40.164
know that twenty twenty two was

02:08:41.901 --> 02:08:43.901
horrible but your operations

02:08:45.404 --> 02:08:47.404
went up y yeah.

02:08:50.537 --> 02:08:52.537
>> so as I mentioned before

02:08:55.669 --> 02:08:57.749
during my presentation it went
up for two reasons.
One is that the asset base went
down so if we pay the same
amount for a smaller asset base

02:08:58.170 --> 02:09:00.170
then the percentage increases

02:09:00.753 --> 02:09:03.688
and if you understand that yes
ok.
And secondly because we we are

02:09:05.570 --> 02:09:07.225
moving to a more complex
investment program.

02:09:08.795 --> 02:09:11.296
>> so we do have private market
investments of between twenty
one and twenty two.

02:09:12.665 --> 02:09:14.366
We had a further increase in
private market investments and

02:09:15.835 --> 02:09:17.769
private market investments have
a higher operating expenses and

02:09:21.273 --> 02:09:22.908
that provided greater returns
that we expect to provide

02:09:23.643 --> 02:09:25.611
greater returns going forward
because private market

02:09:27.680 --> 02:09:30.820
investments are typically 10 to
15 years in horizon.

02:09:31.817 --> 02:09:33.752
>> well I guess we will see we
will see.

02:09:35.955 --> 02:09:38.390
>> that's all I have.
Ok, thank you very we're
probably just a quick question

02:09:40.160 --> 02:09:42.270
for you.
Warren buffett famously uh did

02:09:44.297 --> 02:09:46.264
the million dollar bet with the
offered it up to hedge funds

02:09:47.434 --> 02:09:49.468
over what I believe was a ten
year period the see who could

02:09:51.570 --> 02:09:53.738
beat the market and uh I think
he pretty handily won that bet.

02:09:55.375 --> 02:09:57.430
So when we look at the active
management, the higher

02:09:59.346 --> 02:10:01.480
management fees over the last
ten years, have we have we beat
the market?

02:10:02.382 --> 02:10:04.983
>> yes, good question.
So I do have the numbers for
the last five years.

02:10:06.353 --> 02:10:08.488
>> I'll take the last five
although I think I think the
warren buffett bet was over

02:10:08.488 --> 02:10:10.488
ten.

02:10:10.757 --> 02:10:12.524
>> well that's when I know your
cherry taking a little bit

02:10:14.294 --> 02:10:17.196
because I know two years ago
was it was a banner year but
go ahead.
>> I said five years because

02:10:18.365 --> 02:10:20.833
that's when the current
investment team color and
that's the impact that I have.

02:10:22.536 --> 02:10:24.136
>> all right.
And so I should also say this

02:10:26.240 --> 02:10:28.475
right.
Um, last year you mentioned the
twenty twenty two was a

02:10:28.475 --> 02:10:30.610
horrible year.
It was in terms of absolute

02:10:30.610 --> 02:10:32.610
return but I should say that

02:10:33.380 --> 02:10:35.140
both plans finished in the top
38 percentile of our peers

02:10:37.384 --> 02:10:39.252
thirtieth thirty eight percent
in the entire country not just

02:10:41.421 --> 02:10:43.690
in california and on a five
year basis fiscal year ending
JUNE 30th.

02:10:45.659 --> 02:10:47.259
Twenty twenty three the
federated plan finished in the

02:10:49.263 --> 02:10:51.864
nineteen percentile of all
pension plans in the us and the
police and fire pension plan

02:10:53.500 --> 02:10:55.401
finished in the thirty nine
percentile of all pension plans

02:10:56.370 --> 02:10:58.437
and five years before when the
current investment team took

02:11:00.174 --> 02:11:02.675
over we were in the bottom one
percent of our peers so
whatever decisions the boards

02:11:04.412 --> 02:11:06.679
have done has actually worked
uh in our favor.

02:11:08.449 --> 02:11:10.416
>> so with that uh, to answer
your questions the police and

02:11:12.887 --> 02:11:14.520
fire plan after fees and all
costs on a five year basis

02:11:16.324 --> 02:11:18.158
ending JUNE 30th twenty twenty
three diridon six point seven

02:11:20.227 --> 02:11:23.300
percent which is the benchmark
of six point three percent.
>> so we added forty basis

02:11:24.365 --> 02:11:26.980
points annualized per year
after fees.

02:11:27.969 --> 02:11:29.703
>> that's from equity
management and the federated

02:11:31.710 --> 02:11:33.540
similarly the federated clannad
and seven point four percent
versus the benchmark of six

02:11:35.476 --> 02:11:37.677
point seven percent.
So good seventy basis points
over the benchmark so all

02:11:39.413 --> 02:11:41.814
right.
>> very good.
Thank you.
Well done.

02:11:43.184 --> 02:11:44.752
Thank you.
Uh councilmember foley thank

02:11:47.822 --> 02:11:49.822
you.

02:11:50.391 --> 02:11:53.126
Uh thank you and thank you drew
for being here.
>> I really appreciate it

02:11:54.662 --> 02:11:56.662
having sat in on those meetings

02:11:58.233 --> 02:12:00.670
and listening to these
presentations on the fund

02:12:02.637 --> 02:12:04.637
managers and their success over

02:12:06.700 --> 02:12:07.942
the years, I really appreciate
this detailed level of report

02:12:09.110 --> 02:12:11.245
and to the vice mayors
question, the trustees do look

02:12:13.615 --> 02:12:15.349
at this in detail and ask deep
questions about the financing.

02:12:17.753 --> 02:12:19.720
We have an oversight role.
This is a report that they give

02:12:21.656 --> 02:12:23.524
to us but the trustees have a
fiduciary role as they are

02:12:25.727 --> 02:12:27.727
looking at the benefit of the

02:12:29.297 --> 02:12:31.633
members and the both the health
care plan and the retirement
fund.

02:12:31.633 --> 02:12:33.633
So I have a lot of confidence

02:12:33.901 --> 02:12:36.738
in this report and the report
that's being presented to us.
>> so thank you for being here

02:12:37.239 --> 02:12:39.730
and thank you for the
presentation.

02:12:41.476 --> 02:12:43.978
>> thank thank you.
Councilmember.
>> ok, it looks like that

02:12:55.491 --> 02:12:57.558
exhausts our questions.
Let's vote motion passes
unanimously.

02:13:00.429 --> 02:13:02.630
>> thank you toni.
Thank you very much.

02:13:03.565 --> 02:13:05.299
>> ok, rhode island four point
one sales police department

02:13:06.335 --> 02:13:08.335
canvased regulations and we do

02:13:54.217 --> 02:13:55.783
have a staff presentation.
They do have a card for this

02:13:59.989 --> 02:14:01.989
but you all right.

02:14:02.325 --> 02:14:04.493
>> feel free to jump in when
you're ready.
All right.

02:14:06.563 --> 02:14:09.640
Good afternoon, mayor.
City council members are
members of the public.

02:14:09.799 --> 02:14:12.101
My name is wendy saluzzi and
I'm the division manager and
the police department's

02:14:14.370 --> 02:14:16.638
division of cannabis regulation
with me today is sergeant david
woolsey and rachel roberts,

02:14:20.410 --> 02:14:22.478
deputy director of diridon
forssmann.

02:14:24.447 --> 02:14:26.649
Well, we went to city council
on JUNE 13th for zoning and
regulatory changes.

02:14:28.585 --> 02:14:30.419
City council directed staff to
conduct a composite of review

02:14:32.589 --> 02:14:34.323
of the administrative citations
schedule fines for violations

02:14:35.659 --> 02:14:38.294
related to the cannabis
regulatory program.
We were directed to return

02:14:40.290 --> 02:14:41.998
first to the public safety
finance and strategic support

02:14:43.733 --> 02:14:45.901
committee and we were asked to
compare san jose's cannabis
fines to similar california

02:14:47.871 --> 02:14:49.505
cities and provide
recommendation to bring the

02:14:51.508 --> 02:14:54.109
cannabis fines more in line
with comparable cities.
We presented the proposed

02:14:56.112 --> 02:14:57.747
changes along with the city
comparisons to the committee on

02:14:58.381 --> 02:15:00.115
OCTOBER 19th and received the
committee's support for

02:15:03.120 --> 02:15:04.720
recommended changes fines
related to san jose's cannabis

02:15:06.690 --> 02:15:08.424
regulatory program were
originally drafted in 2014 to

02:15:10.293 --> 02:15:12.270
encourage compliance with the
new program and deter

02:15:14.798 --> 02:15:17.366
violations of the city's
municipal code when the fine
structure was developed, the

02:15:18.535 --> 02:15:21.103
city was one of the first in
the state to develop this type
of program and the state had

02:15:21.839 --> 02:15:23.673
not yet established a
regulatory program for adult

02:15:25.642 --> 02:15:27.477
use in medical medicinal
cannabis.

02:15:29.480 --> 02:15:31.715
The state began its regulatory
program in twenty eighteen and
sixteen cannabis businesses

02:15:33.830 --> 02:15:35.830
have been successfully

02:15:36.654 --> 02:15:39.155
registered and operating in
san jose since DECEMBER 2015.
Staff reviewed the fine

02:15:41.692 --> 02:15:43.459
schedules for cannabis related
violations for various

02:15:45.896 --> 02:15:47.663
california cities including
oakland, sacramento, redwood

02:15:48.766 --> 02:15:51.300
city, san francisco and
mountain view.
>> while there's no uniform

02:15:53.270 --> 02:15:55.270
approach to violations, many

02:15:56.774 --> 02:15:59.376
cities do apply an escalation
framework for repeat offenses.
Cities typically start with a

02:16:01.112 --> 02:16:03.213
courtesy notice and then
escalate to a citation similar
to san jose's violation

02:16:05.183 --> 02:16:06.783
framework.
However, san jose's fines were

02:16:07.785 --> 02:16:09.619
significantly higher.
One important distinguished

02:16:11.556 --> 02:16:14.123
distinction between some of the
cities reviewed in san jose
related to how the fines were

02:16:15.994 --> 02:16:17.728
enforced.
San jose uses administrative

02:16:19.497 --> 02:16:21.431
citations and other cities
approach compliance and

02:16:23.567 --> 02:16:25.602
terminate with severe legal
action.

02:16:27.973 --> 02:16:30.340
San jose's current fines for
cannabis violations is tiered
with the lowest offenses

02:16:32.110 --> 02:16:33.744
starting at twelve hundred
dollars and escalating to five

02:16:35.713 --> 02:16:38.181
thousand dollars with more
significant offenses starting
at ten thousand dollars and

02:16:38.717 --> 02:16:40.985
escalating to fifty thousand
dollars.

02:16:42.921 --> 02:16:44.888
When we looked at the fines for
violations related to offset
alcoholic beverage

02:16:47.250 --> 02:16:49.930
establishments and tobacco
retail violations in san jose

02:16:50.528 --> 02:16:52.528
we found those are typically

02:16:54.608 --> 02:16:57.534
tiered starting at two hundred
fifty dollars and five hundred
dollars respectively.
The purpose of establishing a

02:16:59.710 --> 02:17:01.238
fine schedule related to a
regulated activity is to
encourage compliance with the

02:17:03.800 --> 02:17:04.675
city's municipal
code complianc can improve

02:17:06.812 --> 02:17:09.513
when administrative fines are
reasonable and proportional to
the violation being cited and

02:17:10.448 --> 02:17:11.983
when fines are escalated for
repeat violations as the

02:17:14.319 --> 02:17:15.920
regulatory environment has
changed since the city's first

02:17:17.856 --> 02:17:20.324
established its cannabis
related violations in 2014,
staff recommends updating and

02:17:21.860 --> 02:17:24.362
decreasing the schedule
of fines.
We believe the updates proposed

02:17:26.131 --> 02:17:27.732
will still continue to
encourage compliance to deter

02:17:30.335 --> 02:17:32.103
violations.
Staff proposes four tiered

02:17:35.274 --> 02:17:36.841
framework within each category
violation will continue to

02:17:37.910 --> 02:17:40.611
escalate with the first
violation being the lowest
followed by increases for the

02:17:42.581 --> 02:17:44.415
second third and any subsequent
violations within a 12 month

02:17:46.185 --> 02:17:48.687
period from the date of the
previous violation.
Staff also recommends a change

02:17:50.222 --> 02:17:52.890
to fines for personal
cultivation.

02:17:54.260 --> 02:17:57.610
The current fines for personal
nonmedical cultivation over the
limit is a flat fine of twenty

02:17:58.196 --> 02:18:00.832
five hundred dollars for the
first violation.
Under this fine structure a

02:18:02.801 --> 02:18:05.103
person cultivating one or two
plants over the limit would be
fined the same amount as

02:18:06.538 --> 02:18:08.206
someone cultivating ten or
twenty plants over the limit.

02:18:10.510 --> 02:18:12.770
Staff recommend changing
violations to per plant fine

02:18:13.912 --> 02:18:15.647
for personal nonmedical
cultivation of more than six

02:18:18.351 --> 02:18:20.752
plants per residence allowed
under state law using per plant
fined would cause and

02:18:22.288 --> 02:18:24.356
individuals find a skill with
the egregiousness the violation

02:18:25.291 --> 02:18:27.291
versus a flat fine for this

02:18:28.862 --> 02:18:31.429
type of activity.
Staff reviewed the five
administrative citations issued

02:18:33.365 --> 02:18:35.334
in fiscal year twenty twenty
two twenty three.

02:18:37.303 --> 02:18:38.903
The fines totaled forty five
thousand dollars to are issued

02:18:40.807 --> 02:18:43.609
to illegal unregistered
businesses and three citations
are issued to registered
businesses.

02:18:45.478 --> 02:18:47.246
Staff from the police
department and code enforcement

02:18:48.982 --> 02:18:51.450
conduct regular inspections
of the regulated businesses and
respond to complaints from

02:18:53.420 --> 02:18:55.870
residents and businesses about
non-compliant businesses.

02:18:57.157 --> 02:18:59.157
Staff refer complaints about

02:19:01.127 --> 02:19:03.462
illegal businesses to the state
for enforcement staff proposal
having the city of lyon

02:19:05.265 --> 02:19:07.320
sanitizers allowed operating
hours with what the state

02:19:08.702 --> 02:19:10.702
regulations allow so that would

02:19:12.672 --> 02:19:14.406
change our hours to 6:00 A.M.
To 10:00 P.M. Staff strive for

02:19:16.576 --> 02:19:18.210
opportunities to make the
regulatory processes less

02:19:20.380 --> 02:19:22.215
burdensome for the industry.
So during the evaluation a

02:19:24.384 --> 02:19:26.351
violation fine amounts we
assess id requirements.

02:19:28.322 --> 02:19:29.956
We recommend updating the badge
collection process including

02:19:31.525 --> 02:19:33.458
time allowances for businesses
to return employee badges to a

02:19:35.528 --> 02:19:37.262
chief of police and we just
recently rolled out a new

02:19:43.604 --> 02:19:45.571
streamlined renewal process for
the identification badges.

02:19:47.775 --> 02:19:50.277
Staff held a meeting with the
businesses on OCTOBER 2nd and
here you see some of the

02:19:51.846 --> 02:19:53.479
feedback we received the
businesses supported softening

02:19:55.482 --> 02:19:58.510
the fine schedule and they
requested to have the city line
san jose's allowed operating

02:19:59.620 --> 02:20:01.654
hours with what the state
regulations allowed and
additionally the industry

02:20:03.424 --> 02:20:05.892
requested historical
information regarding
enforcement actions and staff

02:20:07.862 --> 02:20:09.495
worked with the requesting
parties in the city's public

02:20:10.263 --> 02:20:12.263
records act request team to

02:20:17.471 --> 02:20:19.539
provide that information on
OCTOBER 18.

02:20:21.809 --> 02:20:23.443
One of the things that became
clear to us during the public

02:20:25.646 --> 02:20:27.581
safety committee meeting was
that it was unclear to people

02:20:29.550 --> 02:20:31.551
where to go for resources if
you had questions or concerns.

02:20:33.587 --> 02:20:35.755
So we wanted to include in our
presentation here and we plan

02:20:35.790 --> 02:20:37.790
to include this also on our web

02:20:40.395 --> 02:20:42.395
page where to go if you have

02:20:44.165 --> 02:20:46.990
concerns for in san jose for
our for our police department,

02:20:47.869 --> 02:20:49.936
if you see if you witnessed
drug dealing occurring outdoors

02:20:51.906 --> 02:20:53.540
or on the street such as
sales of cannabis, mushrooms,

02:20:55.710 --> 02:20:57.778
fentanyl, other illegal
substances, substances,

02:20:58.847 --> 02:21:01.414
of course we want you to call
nine one one if you suspect
drug dealing but don't actually

02:21:02.851 --> 02:21:04.818
see it.
There's a online contact form

02:21:06.988 --> 02:21:08.988
and under that dropdown we ask

02:21:10.858 --> 02:21:12.693
that you drop select drug
enforcement, narcotics and if

02:21:14.863 --> 02:21:17.831
you have concerns about the
regulated businesses that are
registered in our city,

02:21:18.867 --> 02:21:20.867
of course you can come to the

02:21:22.738 --> 02:21:24.472
division of cannabis regulation
and if you have concerns about

02:21:27.420 --> 02:21:28.675
cannabis violations including
unregistered cannabis

02:21:30.879 --> 02:21:32.579
businesses, cannabis cultivated
for personal use or odor from

02:21:34.849 --> 02:21:36.684
cannabis, the city's
code enforceme division will

02:21:38.653 --> 02:21:40.653
handle those and the contact

02:21:42.558 --> 02:21:44.292
information is there.
And then if the state is our

02:21:46.610 --> 02:21:48.610
biggest partner when it comes

02:21:49.932 --> 02:21:52.633
to illegal cannabis business
activity in our cities so we
would request that you file a

02:21:54.537 --> 02:21:56.370
complaint with the state they
have a website where you file

02:21:57.540 --> 02:21:59.373
your concerns and you can
include your name or be

02:22:01.577 --> 02:22:03.143
anonymous and then they take as
much information as you have

02:22:05.981 --> 02:22:08.820
including pictures of products
you've purchased somewhere or
pictures of an illegally

02:22:09.318 --> 02:22:11.318
operating business.

02:22:12.888 --> 02:22:15.357
Again, any information you have
they'll take it and then also
when it comes to tobacco

02:22:17.293 --> 02:22:19.293
enforcement, there's a

02:22:25.167 --> 02:22:27.101
department of public health
food and drug branch and our

02:22:29.672 --> 02:22:31.639
staff recommendations are here
as well as in the memo.

02:22:33.900 --> 02:22:35.477
And so with that that concludes
our presentation.
>> we're available for
questions.

02:22:36.245 --> 02:22:38.246
Great.
Thank you.
Appreciate that.

02:22:40.183 --> 02:22:42.183
Good.

02:23:07.943 --> 02:23:10.212
A public comment first dan and
shawn mehan, council members.
Good afternoon.

02:23:10.212 --> 02:23:13.148
My name is dan georgiades for
the past ten years I have
represented purple lotus.
It's cannabis business and

02:23:17.353 --> 02:23:20.220
district three near highway one
one interstate 80 interchange.
During this time I've had the

02:23:21.891 --> 02:23:23.525
honor to work with dedicated
public servants such as former

02:23:26.662 --> 02:23:28.662
mayor chuck reed, sergeant

02:23:30.334 --> 02:23:32.934
david woolsey, division manager
wendys alousi in building what
the city has built is a gold

02:23:34.671 --> 02:23:36.205
standard for cannabis
regulatory programs in the

02:23:37.340 --> 02:23:39.340
united states.

02:23:45.182 --> 02:23:47.549
We are here today to maintain
that position sjp, sjp, dcr
along with the current

02:23:49.720 --> 02:23:51.720
operators prevent youth

02:23:53.189 --> 02:23:55.891
cannabis access while providing
lab tested doulis taxed
cannabis products to the
public.

02:23:57.427 --> 02:23:59.395
>> these goals have
overwhelmingly been supported

02:24:00.764 --> 02:24:02.498
by the people of the state time
and time again papillote is

02:24:04.467 --> 02:24:06.402
enthusiastical supports the
softening of the fine schedule

02:24:08.472 --> 02:24:10.573
and the aligning of the allowed
operating hours with the state
regulations.

02:24:12.442 --> 02:24:14.510
>> these are very positive
changes to the program.

02:24:16.446 --> 02:24:18.314
>> purple us also supports a
robust division of cannabis

02:24:19.449 --> 02:24:21.617
regulation with perhaps even a
larger regulatory enforcement
scope.

02:24:23.421 --> 02:24:25.422
This scope especially be
related to two issues of great
public safety and health

02:24:25.422 --> 02:24:27.422
concern.

02:24:28.292 --> 02:24:30.600
The first is the proliferation
of smoke shops across the city

02:24:33.146 --> 02:24:35.465
who flout state and federal law
by selling hemp and in
synthetic thc products that are

02:24:35.465 --> 02:24:37.100
inhalable and edible.
They also sell still sell

02:24:39.690 --> 02:24:40.904
flavored tobacco these
synthetic products are not

02:24:42.973 --> 02:24:44.941
tracked, not lab tested, not
taxed and are very likely being

02:24:46.777 --> 02:24:49.412
sold a person's age 18 to 20
which we know will go to the
community's high schools.

02:24:50.547 --> 02:24:53.183
>> the second issue is that a
state licensed cannabis
businesses outside the city

02:24:54.852 --> 02:24:56.852
of san jose who are not

02:24:57.788 --> 02:25:00.490
registered with dcr coming into
the city's jurisdiction.
>> anything that can be done to

02:25:01.859 --> 02:25:03.960
change this enforcement
landscape would be welcomed by
papillote.

02:25:12.837 --> 02:25:15.172
>> thank you that your time
next speaker.
>> good afternoon mayor and

02:25:16.707 --> 02:25:18.542
council sean kelly silicon
valley cannabis alliance.

02:25:20.845 --> 02:25:23.346
We've been working with staff
and the league from the city
manager's office and had a

02:25:24.882 --> 02:25:27.717
robust dialog about this
particular issue.
I have four point one which is

02:25:29.287 --> 02:25:31.210
about the fine reduction
increase in the hours and the

02:25:32.289 --> 02:25:34.124
other regulatory changes and
the industry is wholeheartedly

02:25:36.194 --> 02:25:38.395
in support of the staff
recommendation we hope that you
will move approval of this

02:25:39.765 --> 02:25:41.631
item.
>> item four point three was

02:25:43.869 --> 02:25:46.470
deferred or actually I should
say referred back to face
committee and that will be

02:25:46.571 --> 02:25:48.773
coming back to you and that's
going to be a much more robust

02:25:48.773 --> 02:25:50.773
conversation about what the

02:25:52.143 --> 02:25:54.946
prior speaker was talking about
is youth access to cannabis and
some of the other perils that

02:25:55.880 --> 02:25:58.816
we are now seeing with the
increased.
But for this particular item,

02:26:00.285 --> 02:26:02.586
since this is the item in front
of us, we would move approval
and thank staff for their

02:26:03.922 --> 02:26:06.357
further work in reaching out
with the industry and we
wholeheartedly support the fine

02:26:07.910 --> 02:26:08.825
reduction increase in hours and
the other regulatory changes.

02:26:11.296 --> 02:26:13.164
>> thank you.
Back to council.

02:26:15.330 --> 02:26:17.101
>> great thank you customer.
I MISS You.

02:26:18.971 --> 02:26:21.173
>> I think it's all been said.
I think shaun touched on four
point three that if you were

02:26:21.173 --> 02:26:23.440
following the agenda it was
deferred.

02:26:26.211 --> 02:26:28.646
It at the beginning of the
meeting and certainly here to
answer any questions about the

02:26:30.649 --> 02:26:32.649
memo that came before his

02:26:33.785 --> 02:26:35.754
office but I want to move steps
recommendation thank you.
>> great.

02:26:37.122 --> 02:26:39.122
Thank you.

02:26:41.893 --> 02:26:44.610
Uh councilmember ts thank you
mayor.

02:26:44.830 --> 02:26:46.764
>> um, I want to share
my thanks to staff for bringing

02:26:49.335 --> 02:26:51.370
for the recommendations that
should hopefully help the

02:26:52.938 --> 02:26:55.173
cannabis industry here and in
san jose.
>> unfortunately the

02:26:57.376 --> 02:26:59.376
overregulation of legal

02:27:00.847 --> 02:27:02.914
cannabis has allowed for
illegal markets to flourish and

02:27:04.683 --> 02:27:07.251
given space for many of the
fears that our community has
regarding kind of cannabis.

02:27:08.321 --> 02:27:10.321
>> I'm especially concerned

02:27:12.492 --> 02:27:14.492
about the overconcentration

02:27:15.961 --> 02:27:18.290
of smoke and vape shops which
have been illegally selling

02:27:20.366 --> 02:27:22.334
cannabis nitrous oxide and in
some occasions even mushrooms.

02:27:24.770 --> 02:27:26.770
>> and I've seen this

02:27:28.700 --> 02:27:30.142
personally I believe we need to
advocate for the regulation

02:27:31.911 --> 02:27:33.911
of these items in the smoke

02:27:35.214 --> 02:27:37.149
shop and vapor shop settings
instead of overregulating legal

02:27:39.519 --> 02:27:41.553
cannabis which I believe has
many safeguards in place.

02:27:43.323 --> 02:27:45.957
>> I'm also supportive of this
idea that's been floating
around about having the

02:27:47.927 --> 02:27:49.927
division of cannabis control

02:27:51.531 --> 02:27:53.366
take in smoke shops into their
regulatory purview armed with

02:27:55.401 --> 02:27:57.503
compliance tools from our
code enforceme department.

02:27:59.138 --> 02:28:01.273
>> I also want to raise it
further as I'm deeply

02:28:03.643 --> 02:28:05.211
interested in a moratorium on
business licenses for smoke

02:28:07.648 --> 02:28:09.715
shops.
You can throw a stone in east

02:28:12.850 --> 02:28:13.953
san jose and hit a smoke shop
then right next to the smoke

02:28:16.183 --> 02:28:17.489
shop is a liquor store and then
shortly a short distance away

02:28:19.359 --> 02:28:21.927
from that is a fast food joint
on any given street in
my district and that shouldn't

02:28:23.863 --> 02:28:25.863
be the reality for our

02:28:27.670 --> 02:28:28.901
residents in east san jose.
>> lastly, we've seen legal

02:28:31.471 --> 02:28:33.339
cannabis underperform and the
illegal markets flourish partly

02:28:35.475 --> 02:28:37.543
due to steep regulation and
arbitrary penalties like the

02:28:39.480 --> 02:28:41.313
ones we are amending today and
the misalignment of what is

02:28:43.984 --> 02:28:46.386
truly the issue at hand.
>> today's action is a step in
the right direction and I look

02:28:46.720 --> 02:28:48.720
forward to further

02:28:50.624 --> 02:28:52.558
conversations on this topic.
>> thank you so much.

02:28:54.762 --> 02:28:56.830
I can councilmember tell us
what to do on thank you mayor.

02:28:57.364 --> 02:28:59.364
>> thank you staff for the

02:29:01.468 --> 02:29:03.603
report.
>> I've have a few question on

02:29:05.539 --> 02:29:07.539
the find the last year total

02:29:09.576 --> 02:29:11.644
of forty five thousand dollars
to work illegal businesses and
three were registered

02:29:13.881 --> 02:29:15.482
businesses.
>> can you break down and have

02:29:16.117 --> 02:29:18.251
a breakdown on that?
What was their violation and

02:29:20.421 --> 02:29:22.421
what was the total amount for

02:29:24.392 --> 02:29:26.392
the illegal versus the

02:29:28.897 --> 02:29:30.764
registered business?
Um, I'm guessing I think that

02:29:32.990 --> 02:29:33.666
for the illegal businesses it
starts a ten thousand dollar

02:29:36.137 --> 02:29:38.137
fine for being unregistered.

02:29:42.344 --> 02:29:44.344
So I would say that those two

02:29:47.148 --> 02:29:49.148
were were ten thousand each.

02:29:49.317 --> 02:29:51.251
Do you have rachel say and then
the three for the registered

02:29:53.421 --> 02:29:55.489
businesses they were related to
doing some construction without

02:29:58.293 --> 02:30:00.293
permits, not having a valid

02:30:02.372 --> 02:30:03.616
badge, working with an expired
badge, having an officer work

02:30:05.534 --> 02:30:07.301
for the business without being
backgrounded and so typically

02:30:09.971 --> 02:30:11.905
those start with warnings but
then if if they continue to not

02:30:13.474 --> 02:30:15.474
follow the rules then we will

02:30:17.211 --> 02:30:19.914
issue citations.
And I I want to say those were
I think well actually I think

02:30:21.850 --> 02:30:23.483
for the illegal businesses I
think it was escalated which

02:30:24.786 --> 02:30:26.754
caused the dollar amount.
Do we have the charges.

02:30:27.589 --> 02:30:29.589
Yeah sorry I can pull up the

02:31:15.237 --> 02:31:16.483
chart if you just give me a
second

02:31:23.445 --> 02:31:25.280
so sorry there were two
violations per each illegal

02:31:26.549 --> 02:31:29.217
business so each one was
fifteen thousand dollars so
that added up to the thirty

02:31:30.820 --> 02:31:32.820
thousand and then the other

02:31:34.590 --> 02:31:36.357
fifteen thousand were for the
three registered businesses.

02:31:38.527 --> 02:31:40.395
>> ok thank you.
What is considered more

02:31:44.634 --> 02:31:46.668
egregious violation were ten to
fifty thousand dollar fine that

02:31:48.804 --> 02:31:50.804
would be well not being

02:31:51.574 --> 02:31:53.574
registered so operating

02:31:55.778 --> 02:31:57.712
illegally or selling to someone
who's under twenty one so

02:31:59.482 --> 02:32:01.482
besides fined for the illegal

02:32:03.452 --> 02:32:05.520
businesses do we have a process
where we not only the find but

02:32:07.390 --> 02:32:09.390
we also shut them down and not

02:32:14.300 --> 02:32:16.164
allow them to ever apply for
another application?
>> thank you

02:32:17.633 --> 02:32:19.669
councilmember roberts,
deputy director of enforcement
.

02:32:19.669 --> 02:32:21.669
So if it's um are you referring

02:32:21.804 --> 02:32:24.390
to illegally operating
businesses?
Yes.

02:32:25.809 --> 02:32:27.976
Um so for that we normally
would start with a citation as

02:32:30.313 --> 02:32:32.415
far as we know those fines are
pretty hefty if we were not
getting compliance.

02:32:33.149 --> 02:32:35.418
However through the citations
we would begin our
administrative remedy process

02:32:37.287 --> 02:32:39.287
which includes a compliance

02:32:40.890 --> 02:32:43.792
order where they could face
fines per day if we continue to
see that they are not closing

02:32:45.229 --> 02:32:47.829
down as a result of that
compliance those citations than
we would work with our

02:32:48.966 --> 02:32:50.933
attorney's office to do us a
legal action.
>> right.

02:32:53.303 --> 02:32:55.303
Thank you.

02:32:56.473 --> 02:32:58.307
And then if you part of your
presentation if you witness a

02:33:01.278 --> 02:33:03.278
illegal drug transaction, you

02:33:04.248 --> 02:33:06.248
dial nine one one I just want

02:33:06.716 --> 02:33:08.751
to know is the actually get
dispatch but that is the police

02:33:14.958 --> 02:33:17.160
officer going to respond to
that.
>> good afternoon, sergeant

02:33:17.160 --> 02:33:19.160
david wolseley with the police

02:33:19.362 --> 02:33:21.631
department.
It would depend on call volume
and the priority of calls

02:33:21.866 --> 02:33:24.334
at the time.
So there is absolutely nothing
going on.
Absolutely.

02:33:24.334 --> 02:33:26.334
Officers could be dispatched to

02:33:27.204 --> 02:33:29.472
that if there are higher
priority crimes in progress.
The things that they're

02:33:30.841 --> 02:33:33.343
investigating crimes
of violence, crimes against
children, anything like that

02:33:36.429 --> 02:33:39.215
that call might have happened
until the officers available.
>> thank you.

02:33:42.420 --> 02:33:44.487
And regarding meeting the state
requirement as any other pros

02:33:52.430 --> 02:33:53.996
and cons when we accept this
report for the operating our

02:33:55.533 --> 02:33:57.533
change.

02:33:58.702 --> 02:34:00.570
>> yes or any other pros and
cons besides the operating our

02:34:03.441 --> 02:34:05.420
complying with the state um
with similarity and so on and

02:34:06.978 --> 02:34:08.845
on our specifically we're
coming into the I'm sorry into

02:34:11.182 --> 02:34:12.950
uh compliance with or alignment
I should say coming into

02:34:15.850 --> 02:34:17.200
alignment with the state's
current regulations ours is
that correct?

02:34:17.222 --> 02:34:19.222
>> yeah.

02:34:19.791 --> 02:34:21.357
So by making the change for the
six am to 10 pm we would be

02:34:22.727 --> 02:34:24.895
matching with the state
regulations currently allow.

02:34:27.265 --> 02:34:29.867
That's that's the one that we
looked at right now we have
been directed to go back to the

02:34:30.535 --> 02:34:32.535
public safety committee which

02:34:33.705 --> 02:34:35.739
will be going back in FEBRUARY
with a more thorough evaluation

02:34:38.109 --> 02:34:40.177
of the rest of our regs and
regulations compared to the
state.

02:34:42.347 --> 02:34:44.281
But by allowing the businesses
to be operating at the hours

02:34:45.817 --> 02:34:47.551
that the state allows, then
that puts them at more

02:34:50.122 --> 02:34:51.988
competitive advantage with
other businesses and that

02:34:53.859 --> 02:34:55.993
allows people to go on their
way to work and on their home

02:34:57.963 --> 02:34:59.964
if they are choosing to buy
cannabis products.

02:35:01.800 --> 02:35:03.800
So it just puts them more in

02:35:05.700 --> 02:35:07.438
alignment with with what other
cities do allow I thank you.
Thank you.

02:35:07.773 --> 02:35:09.606
councilmember exhausts our
questions.

02:35:19.218 --> 02:35:21.619
>> thank you all.
Let's vote motion passes
unanimously.
>> great.

02:35:23.188 --> 02:35:25.857
Thank you.
So councilmember as noted uh
voted at the beginning the

02:35:27.726 --> 02:35:29.760
meeting to under orders of the
day to defer item four point

02:35:31.230 --> 02:35:33.230
three which will go to a future

02:35:34.700 --> 02:35:37.502
meeting of the public safety
and strategic support services
committee.

02:35:38.637 --> 02:35:40.637
>> so we were on our four point

02:35:42.441 --> 02:35:44.410
two with a staff presentation.
>> this is the response to the

02:35:46.512 --> 02:35:48.512
investigations of police

02:35:57.560 --> 02:35:59.560
misconduct in san is a report

02:36:01.660 --> 02:36:03.361
by moule law and fakhoury.
Good afternoon mayor council

02:36:05.130 --> 02:36:06.864
willcocks assistant city
manager and joining me in the

02:36:08.934 --> 02:36:10.535
box today is karen sununu
tahiri, our acting independent

02:36:13.139 --> 02:36:15.139
police auditor.

02:36:16.943 --> 02:36:18.877
We're here today to present uh
this the city's M.F. Report

02:36:20.846 --> 02:36:22.547
which makes recommendations for
improving the independent

02:36:24.417 --> 02:36:25.950
oversight of law enforcement
within san jose as well as

02:36:28.121 --> 02:36:30.355
policy alternatives around
strengthening police oversight.

02:36:32.225 --> 02:36:33.859
And we're here to present the
recommendation the public

02:36:35.828 --> 02:36:37.462
safety finance and strategic
support committee made last

02:36:40.660 --> 02:36:41.901
month as background.
>> this project was initiated

02:36:43.936 --> 02:36:46.437
in AUGUST of twenty twenty when
the city council directed the
city manager and independent

02:36:47.407 --> 02:36:49.341
police auditor to provide the
city council with

02:36:51.511 --> 02:36:53.450
recommendation for how the
ippei would take over

02:36:55.382 --> 02:36:57.150
investigations of police
misconduct from the

02:36:59.685 --> 02:37:01.419
department's internal affairs
unit city manager and ipa

02:37:03.423 --> 02:37:05.257
return to council in MARCH
of twenty twenty one with a

02:37:06.927 --> 02:37:09.195
work plan as well as direction
that included procuring a
consultant to develop

02:37:10.764 --> 02:37:12.264
recommendation to be
considered around police

02:37:15.135 --> 02:37:17.135
oversight.

02:37:19.306 --> 02:37:21.306
>> ultimately in JANUARY

02:37:22.275 --> 02:37:24.100
of twenty twenty two uh a
consultant was selected of the

02:37:26.180 --> 02:37:28.214
firm M.F. And started work
underway in JUNE of twenty

02:37:30.250 --> 02:37:32.752
twenty two for context the
selection of consultants did
take considerable time as most

02:37:34.521 --> 02:37:36.422
cities throughout the united
states during that period

02:37:37.791 --> 02:37:39.392
of time were looking at similar
recommendation as well as the

02:37:42.630 --> 02:37:44.263
city's own consultants.
Um or I was running consulting

02:37:45.833 --> 02:37:48.801
agreements and procurements for
the use force as well as our

02:37:52.172 --> 02:37:54.400
after action reports from MAY
of twenty twenty.

02:37:55.108 --> 02:37:56.809
>> ultimately last month the
public safety and finance

02:37:59.130 --> 02:38:00.646
strategic support committee
accepted the malev report and

02:38:02.916 --> 02:38:05.518
rejected the report's
recommended hybrid model and
directed staff to pursue policy

02:38:07.454 --> 02:38:09.220
alternatives to strengthen the
existing model of oversight

02:38:11.124 --> 02:38:13.393
mostly around additional
resources and possible process
improvements which we'll

02:38:15.163 --> 02:38:17.897
go into.
They also cross-reference this
matter to the full council

02:38:19.466 --> 02:38:21.466
which is why we're here in

02:38:23.637 --> 02:38:25.637
front of you today as far as

02:38:27.722 --> 02:38:29.132
background our current model
there's three entities that
oversee and review police

02:38:31.450 --> 02:38:33.613
misconduct allegations.
The first is our own internal
affairs department and the

02:38:35.583 --> 02:38:37.217
san jose police department that
investigate police misconduct

02:38:39.186 --> 02:38:40.821
while our independent police
auditor audits those

02:38:43.910 --> 02:38:44.825
investigations to ensure that
they are complete thorough,

02:38:46.194 --> 02:38:48.270
objective and fair.
As part of that work the epa

02:38:50.198 --> 02:38:51.965
can give input regarding the
allegations to be investigated

02:38:54.135 --> 02:38:56.803
,participate in all
investigation and interview
components as well as request

02:38:58.873 --> 02:39:00.873
additional witnesses to be

02:39:01.910 --> 02:39:03.844
interviewed and have access to
all recordings and documents

02:39:06.247 --> 02:39:08.281
which make up the investigation
in its entirety.

02:39:09.450 --> 02:39:11.184
>> the city manager's office
of employee relations also

02:39:14.355 --> 02:39:16.123
investigates alleged misconduct
of city employees and includes

02:39:17.459 --> 02:39:18.993
the police department sworn and
non sworn employees.

02:39:21.162 --> 02:39:23.970
We are investigates
investigations typically focus

02:39:25.100 --> 02:39:27.768
on violations of the city's
administrative policy manual
and or other investigations

02:39:29.504 --> 02:39:31.504
deemed appropriate by the city

02:39:33.108 --> 02:39:35.242
manager director of employee
relations or the police chief

02:39:36.778 --> 02:39:38.446
in addition to the city's own
oversight model san jose police

02:39:40.382 --> 02:39:42.783
to san jose police department
officers are subject oversight
from the california state

02:39:44.719 --> 02:39:46.719
commission on peace officer

02:39:48.624 --> 02:39:50.624
standards training or post.

02:39:52.294 --> 02:39:54.162
>> similarly and in california
one year or two years ago

02:39:56.532 --> 02:39:58.365
senate bill to pass and became
effective in JANUARY of twenty

02:40:00.335 --> 02:40:02.803
twenty two and that established
new oversight mechanism by
empowering posts to receive and

02:40:04.673 --> 02:40:06.673
investigate complaints

02:40:07.343 --> 02:40:09.243
of officer misconduct from the
public if post deems that

02:40:11.814 --> 02:40:13.814
serious misconduct occurred it

02:40:15.584 --> 02:40:17.451
can direct law enforcement
officers revoking their ability

02:40:19.622 --> 02:40:21.356
to work in law enforcement
agencies throughout the entire

02:40:23.225 --> 02:40:25.225
state of california and post

02:40:27.229 --> 02:40:29.497
started to do this in JUNE
of this year statewide.

02:40:31.660 --> 02:40:33.660
>> the report in front of you

02:40:35.438 --> 02:40:37.172
today from M.F. Analyzes the
advantages and disadvantages

02:40:38.507 --> 02:40:40.375
of three potential oversight
models.

02:40:42.445 --> 02:40:44.179
The first is san jose's current
model, which is our internal

02:40:46.249 --> 02:40:48.183
affairs model which under this
model the police department

02:40:50.553 --> 02:40:52.553
internal affairs unit does

02:40:54.323 --> 02:40:56.323
investigate misconduct within

02:40:58.494 --> 02:41:00.462
the police department through
as we've talked about um, the

02:41:01.297 --> 02:41:02.965
ipa is a part of these and
audits those investigations

02:41:05.335 --> 02:41:06.868
investigative functions while
we are takes a role in

02:41:09.439 --> 02:41:12.730
investigations deemed
appropriate outside of normal
chain of command.

02:41:13.409 --> 02:41:15.760
>> this is san jose's current
model.

02:41:16.446 --> 02:41:19.140
It also investigated or
researched and analyzed a
civilian oversight model and

02:41:21.517 --> 02:41:23.517
under this model all police

02:41:24.487 --> 02:41:26.822
misconduct investigations would
be conducted by civilians who
are independent of the police

02:41:29.125 --> 02:41:30.692
department.
>> it also analyzed and gave

02:41:32.695 --> 02:41:34.764
recommendation ultimately
giving a final recommendation

02:41:36.933 --> 02:41:38.767
of a hybrid model or some
investigation prns continue by

02:41:40.837 --> 02:41:42.571
the law enforcement agency or
internal affairs while other

02:41:44.741 --> 02:41:46.475
investigations could be
completed by the independent

02:41:48.845 --> 02:41:50.446
police auditor and M.F.
Ultimately cited and made this

02:41:52.449 --> 02:41:54.584
recommendation that it really
combined both the best of both

02:41:56.553 --> 02:41:58.553
worlds where we could rely on

02:42:00.123 --> 02:42:02.580
training experience of police
officers specifically around

02:42:11.936 --> 02:42:13.936
use of force and other

02:42:15.108 --> 02:42:16.705
misconduct while the inclusion
of civilians brought a certain
level of independence outside
of the normal chain of command.

02:42:19.142 --> 02:42:21.770
As I mentioned this was
reported to the public safety

02:42:23.447 --> 02:42:25.915
finance committees um last
month.
>> ultimately the committee

02:42:27.684 --> 02:42:29.652
gave direction to cross
references and look
specifically at policy

02:42:31.540 --> 02:42:32.889
alternatives.
So this is one of the council

02:42:34.658 --> 02:42:36.392
in DECEMBER of twenty twenty
two ultimately counsel had

02:42:38.929 --> 02:42:40.929
directed that staff come back

02:42:42.399 --> 02:42:44.467
to the committee in the spring
with not only additional

02:42:46.503 --> 02:42:49.339
analysis of the M.F. Report but
around implementation.
What would it take in the way

02:42:50.207 --> 02:42:52.241
of implementin this and if
there are implementation

02:42:54.378 --> 02:42:56.378
hurdles also give the council

02:42:58.282 --> 02:43:00.282
additional policy alternatives

02:43:01.452 --> 02:43:03.555
to look through and I should
say so move forward that we're
going to walk through some

02:43:03.555 --> 02:43:05.555
of these and these policy

02:43:05.690 --> 02:43:07.657
alternatives aren't mutually
exclusive.

02:43:09.460 --> 02:43:12.262
It's not an either or some
of these can be pursued even
the council wanted to pursue

02:43:13.932 --> 02:43:15.532
the hybrid model and in some
of these cases which I'll walk

02:43:17.235 --> 02:43:20.137
through we've started to
implement some of them already
as they were mostly found with

02:43:21.972 --> 02:43:23.972
recommendation from the mla

02:43:25.777 --> 02:43:27.378
report I.M.F. Proposed the
hybrid model so it did change

02:43:28.746 --> 02:43:30.280
ipsus function while leaving
the cities other oversight

02:43:32.550 --> 02:43:35.520
entities unchanged.
>> so under the hybrid model
the ipa would have the

02:43:36.621 --> 02:43:38.355
discretion to independently
conduct police misconduct

02:43:41.426 --> 02:43:43.394
investigations on their own.
This report recommends that

02:43:44.529 --> 02:43:46.397
three investigators be added to
the epa's office to perform

02:43:48.667 --> 02:43:51.235
this role internal affairs unit
and the police department and
we are we continue to conduct

02:43:52.970 --> 02:43:55.138
investigations into alleged
misconduct as well.

02:43:56.808 --> 02:43:58.576
>> so one of the steps that we
would need to do under this

02:44:00.645 --> 02:44:03.313
model is internal affairs as
well as the ipa.
We need to coordinate and come

02:44:05.717 --> 02:44:08.850
up with a framework.
So how complaints would be
received and determine which

02:44:08.620 --> 02:44:10.688
entity would investigate those
complaints.

02:44:13.459 --> 02:44:15.392
>> as noted in the memorandum,
there are several major

02:44:18.396 --> 02:44:20.396
obstacles to implementing this

02:44:20.632 --> 02:44:22.367
proposal, one of them being the
mean kanfer process as well as

02:44:24.870 --> 02:44:27.472
the budgetary process depending
on what the budget scenario is
in the coming year.

02:44:29.141 --> 02:44:31.141
So it's difficult to predict

02:44:32.411 --> 02:44:34.378
how long to meet and confer
process or what the budget will

02:44:36.548 --> 02:44:38.450
look like in the coming years,
which is one of the reasons the

02:44:39.418 --> 02:44:41.552
council in DECEMBER of twenty
twenty two asked for policial

02:44:44.222 --> 02:44:45.690
alternatives for the council to
consider the staff has

02:44:47.626 --> 02:44:50.228
developed policy alternatives
that are designed to strengthen
the current oversight model.

02:44:52.197 --> 02:44:54.197
These come around and follow

02:44:55.968 --> 02:44:57.568
really into three categories uh
increasing ipa staff staffing

02:44:59.605 --> 02:45:01.605
the office of employee

02:45:03.776 --> 02:45:05.409
relations as well as process
improvements for increasing the

02:45:08.810 --> 02:45:09.614
ipa staff.
Uh, ultimately the policy

02:45:10.849 --> 02:45:12.717
alternative the staff would
recommend if the council wanted

02:45:14.454 --> 02:45:16.955
to explore this would be one
additional analyst and
independent police auditor's

02:45:19.292 --> 02:45:21.292
office and we'd add two

02:45:22.662 --> 02:45:24.296
additional staff in the office
of employee relations for

02:45:26.465 --> 02:45:29.134
process improvements and
largely where a bulk of these
improvements have been located

02:45:31.237 --> 02:45:32.904
again do come from the
malapropos port and could be

02:45:34.974 --> 02:45:36.942
included in the current model.
>> the first is recommendation

02:45:38.378 --> 02:45:40.450
eleven from the report which
recommends the ipa be given

02:45:41.981 --> 02:45:44.283
unfettered access to any
documents related to an
incident being investigated.

02:45:47.287 --> 02:45:49.522
The administration and the
department you agree with this
recommendation and have already

02:45:50.890 --> 02:45:51.657
implemented this in
coordination with the acting

02:45:53.793 --> 02:45:55.627
ipa.
Second is recommendation seven

02:45:58.231 --> 02:45:59.965
from the M.F. Report recommends
that the uh internal affairs in

02:46:01.734 --> 02:46:03.269
the ipa work closely to
ensuring joint operating

02:46:04.637 --> 02:46:07.339
procedures are documented.
Both the administration and ipa
agree with this and are in

02:46:10.110 --> 02:46:11.844
close alignment around
coordinating the need for

02:46:13.213 --> 02:46:15.470
coordination between the two is
essential and important for

02:46:18.251 --> 02:46:20.319
transparency as well as timely
reports and audit reports and
investigations

02:46:25.559 --> 02:46:27.493
this effort is currently
underway to ensure both ipa

02:46:29.763 --> 02:46:32.331
guidelines are finished and I
am sorry iaea guidelines are
finished in ipa procedures

02:46:34.670 --> 02:46:36.350
manual is finished in the
coming weeks.

02:46:37.371 --> 02:46:39.205
recommendation two from the
malev report recommends that

02:46:41.175 --> 02:46:43.175
steps taken to reduce turnover

02:46:44.979 --> 02:46:46.812
and ia to enhance the
continuity of operations in the

02:46:48.749 --> 02:46:50.749
internal affairs unit of the

02:46:51.952 --> 02:46:53.986
police department.
>> the department does agree um

02:46:55.656 --> 02:46:57.692
of a two year term or tenure
for an officer or sergeant and
internal affairs is very

02:46:57.692 --> 02:46:59.692
crucial for institutional

02:47:00.827 --> 02:47:02.796
memory and for those
investigations.

02:47:03.664 --> 02:47:06.432
So if directed by the council
to pursue this, this would
confer issue that we would meet

02:47:08.436 --> 02:47:10.170
with the police officers
association and last but not

02:47:12.439 --> 02:47:14.207
least the fourth recommendation
which is also a recommendation

02:47:16.143 --> 02:47:17.810
for from the report that both
the ipa and internal affairs

02:47:19.947 --> 02:47:21.948
unit co-ordinate and undertake
regular community outreach to
increase community

02:47:24.510 --> 02:47:26.510
understanding of the

02:47:27.521 --> 02:47:29.880
investigation process and staff
is currently in the process

02:47:31.559 --> 02:47:33.494
of doing that.
So again we're here to present

02:47:35.963 --> 02:47:37.931
this report and seek feedback.
Counsel can give direction to

02:47:39.534 --> 02:47:41.368
pursue the the hybrid model and
we would kick that off by the

02:47:43.471 --> 02:47:45.205
city manager needing to meet
and confer with the police

02:47:47.675 --> 02:47:49.509
officers association over that
and like I said, the policy

02:47:51.345 --> 02:47:53.113
alternatives um it's not an
either or you can give

02:47:55.116 --> 02:47:57.651
direction on those as well.
>> what we recommend so that
you guys can make an informed

02:47:59.520 --> 02:48:01.488
decision around policy
alternatives if you would like

02:48:03.658 --> 02:48:06.600
to pursue those is the ones uh
with staffing that you asked us
to bring forward a manager's

02:48:07.395 --> 02:48:09.620
budget addendum as part of the
budget process those steps out

02:48:11.650 --> 02:48:12.899
those costs outlined so that
you can make that decision um

02:48:15.270 --> 02:48:17.104
in the scope of the entire
budget and then for most of the

02:48:19.307 --> 02:48:21.410
process improvements other than
the ten and the internal

02:48:23.511 --> 02:48:25.145
affairs unit staff has
discretion to move forward with

02:48:26.447 --> 02:48:28.282
those process improvements now.
So with that staff is available

02:48:30.180 --> 02:48:31.752
for any questions the council
MAY have.

02:48:34.550 --> 02:48:36.230
>> thank you.
I appreciate the report toni.

02:48:53.750 --> 02:48:55.109
>> have any public comment you
have kept alvarez and steve uh

02:48:56.245 --> 02:48:58.946
,good afternoon, mayor and
council.
>> I'm catherine alvarez, vice

02:49:00.515 --> 02:49:02.350
present of the san jose upwey
using your ability to establish

02:49:04.120 --> 02:49:06.787
policy with regard of how the
office of the independent this
auditor conducts its important

02:49:08.690 --> 02:49:10.424
work and we'll allow the new
ipa to hit the ground running

02:49:11.894 --> 02:49:13.828
and we'll provide a clearer
picture of what the city

02:49:15.998 --> 02:49:18.566
council expects in any ippei
applicant the poway supports
adding additional staff to

02:49:20.136 --> 02:49:22.690
expedite case review and meet
statutory guidelines.

02:49:24.240 --> 02:49:26.574
The epa supports the creation
of policy and procedures,
annual and ongoing training

02:49:28.610 --> 02:49:30.345
of ipa staff.
>> the supports a formal mlu

02:49:32.140 --> 02:49:33.981
between the department and the
ipa on meeting important

02:49:36.850 --> 02:49:38.553
timelines so the ipa can have
ample time to do its job and
that supports the council

02:49:40.122 --> 02:49:41.757
determining how far back the
unethical practice

02:49:44.260 --> 02:49:46.761
of automatical categorizing
cases without reviewing them.
What the epa does not support

02:49:47.296 --> 02:49:48.930
is the elimination of our
internal affairs and replacing

02:49:52.302 --> 02:49:54.903
it with private contractors.
This is a solution in search
of a problem and will have a

02:49:55.238 --> 02:49:58.390
chilling impact on our
recruiting.
>> please do not put this item

02:50:00.243 --> 02:50:01.977
another day.
We respectfully request that

02:50:03.146 --> 02:50:05.800
you reject the hybrid model
today it's time to take steps

02:50:07.517 --> 02:50:09.118
to strengthen the current ipa
model by doing so you set up a

02:50:10.286 --> 02:50:11.820
new ipa for success.
>> thank you.

02:50:22.432 --> 02:50:24.432
>> thank you.

02:50:26.636 --> 02:50:28.571
Next speaker their afternoon
mayor and council.

02:50:30.673 --> 02:50:32.508
>> I'm steve sargent, present
of the spca and as you all very

02:50:34.578 --> 02:50:36.211
much aware spdm the national
struggle to recruit and retain

02:50:38.382 --> 02:50:41.830
police officers are
understaffing ria's its ugly
head when our officers must

02:50:42.519 --> 02:50:44.820
work overtime just to perform
basic patrol functions daily.

02:50:46.523 --> 02:50:48.257
>> I remind you of this as you
contemplate keeping alive the

02:50:50.193 --> 02:50:51.827
hybrid option model for
investigating alleged police

02:50:54.398 --> 02:50:57.266
misconduct this private
contractor model hanging over
the heads of those of us that

02:50:57.600 --> 02:50:59.235
remain the san jose pd harms
morale and it provides

02:51:01.400 --> 02:51:03.772
additional uncertainty in the
lives of police officers
kicking the can down the road

02:51:05.342 --> 02:51:08.144
on this private contractor
hybrid model.
It will have a chilling impact

02:51:09.313 --> 02:51:12.114
on the recruitment of new
officers.
They're in such high demand by

02:51:13.884 --> 02:51:15.518
every police department in the
state there is no trust for

02:51:17.588 --> 02:51:19.222
private contractors to take
over the important work that's

02:51:20.357 --> 02:51:22.225
performed by our dedicated
internal affairs unit.

02:51:24.228 --> 02:51:26.162
>> the data does not support
moving to a hybrid model.

02:51:27.831 --> 02:51:29.999
Keeping this idea alive will
harm retention and will
negatively impact our

02:51:32.270 --> 02:51:34.637
recruiting.
>> I humbly ask the mayor and
council to accept

02:51:36.206 --> 02:51:38.375
recommendation two and three
contained
councilmember memo

02:51:39.243 --> 02:51:42.110
regarding staffing and the
police and policy procedure
manual for their office and to

02:51:43.681 --> 02:51:45.582
explicitly reject the hybrid
model from any future
consideration.

02:51:47.250 --> 02:51:49.250
>> I appreciate the time.

02:51:51.322 --> 02:51:53.390
Thank you.
Back to council.
>> great.

02:51:58.195 --> 02:52:00.797
Thank you toni.
Ok councilmember or ts thank
you mayor.

02:52:01.932 --> 02:52:03.700
I also want to share our
gratitude to the firm that

02:52:06.700 --> 02:52:08.700
worked to produce today's

02:52:09.240 --> 02:52:11.508
report and the staff uh lee for
giving that report.

02:52:13.945 --> 02:52:15.546
>> there's a lot to unpack here
so I'm looking forward to the

02:52:17.810 --> 02:52:18.715
comments of my colleagues and
wanted to pose my own questions

02:52:20.584 --> 02:52:22.385
as well.
>> it's my understanding that

02:52:24.556 --> 02:52:26.556
in twenty twenty san jose

02:52:28.360 --> 02:52:29.960
voters aim to strengthen
civilian oversight of sjp

02:52:32.263 --> 02:52:34.970
through measure g.
>> to that end would it be

02:52:36.267 --> 02:52:38.267
necessary to amend the city

02:52:40.238 --> 02:52:42.172
charter to proceed with
implementing the hybrid model

02:52:44.342 --> 02:52:47.211
if anybody can answer that
thank you.
>> ok thank you.

02:52:48.914 --> 02:52:50.514
Thank you councilmember I think
that's probably a question for

02:52:52.717 --> 02:52:54.452
me.
um a meet and confer process

02:52:56.621 --> 02:52:58.489
would be required but our
office has opined that it would

02:53:00.258 --> 02:53:02.250
not be necessary to amend the
charter so we would not but you

02:53:03.995 --> 02:53:05.963
would need a meeting for ok
thank you and based on the memo

02:53:07.499 --> 02:53:09.466
presented to the peers of his
committee policy alternatives

02:53:11.937 --> 02:53:13.937
to consider if the council

02:53:14.472 --> 02:53:16.206
chooses not to proceed with the
hybrid model include process

02:53:18.377 --> 02:53:20.979
improvements to the to the
current existing model.
>> page eight of the memo

02:53:22.514 --> 02:53:24.114
establishes that standard
operating procedures currently

02:53:26.418 --> 02:53:28.252
stand as pending.
>> what steps will the

02:53:30.589 --> 02:53:32.890
independent police auditor and
internal affairs take to

02:53:33.992 --> 02:53:36.227
coordinate establishing
standard operating procedures

02:53:37.596 --> 02:53:39.596
and what MAY that timeline look

02:53:41.667 --> 02:53:43.735
like?
I think I can answer that.
Yeah.

02:53:45.638 --> 02:53:47.638
Thank you councilmember.

02:53:49.408 --> 02:53:51.776
Um, I have along with
lieutenant zuniga of internal
affairs.

02:53:54.546 --> 02:53:56.515
We have started the draft
process of that.

02:53:58.818 --> 02:54:00.818
I was very surprised to find

02:54:02.210 --> 02:54:03.654
there was nothing in place and
we are both very anxious to get

02:54:06.559 --> 02:54:08.594
that in place.
And I this morning told the
chief it would be done by the

02:54:08.594 --> 02:54:10.929
end of the year.
>> oh ok.

02:54:10.929 --> 02:54:12.929
I appreciate that.

02:54:13.867 --> 02:54:16.801
I think that goes down to like
making sure that reports are
passed over at the right time

02:54:18.137 --> 02:54:20.137
and I know that we were talking

02:54:21.307 --> 02:54:23.275
about how you know, sometimes
those reports are passed over

02:54:24.743 --> 02:54:27.612
clipped to that very close to
the time in which you know,
complaints would need to be
raised.

02:54:28.581 --> 02:54:31.116
So I'm really happy to hear
that we'll see some progress on
that before the end of the

02:54:33.486 --> 02:54:36.210
year.
It's also come to my attention
as discussed during the prns

02:54:37.190 --> 02:54:39.570
office committee meeting that
the epa currently does not have

02:54:41.227 --> 02:54:43.227
the capacity to participate and

02:54:44.397 --> 02:54:46.165
witness interviews with that in
mind, what is the feasibility

02:54:48.835 --> 02:54:50.769
of adding additional staff to
ensure the epa has the capacity

02:54:52.939 --> 02:54:54.507
to participate in all witness
interviews and fulfill other

02:54:55.742 --> 02:54:57.576
essential tasks?
>> well and the addition

02:54:59.946 --> 02:55:01.946
of another auditor would make

02:55:03.517 --> 02:55:05.117
an enormous difference to our
ability to attend 100 percent

02:55:07.321 --> 02:55:09.488
of the interviews.
>> currently we are not able

02:55:11.557 --> 02:55:13.159
between the work we have to do
and the written materials and

02:55:14.761 --> 02:55:16.495
taking in complaints.
I would I would guess right now

02:55:18.365 --> 02:55:20.399
we're attending about eighty
percent of the interviews and

02:55:22.502 --> 02:55:24.370
it's one of the strongest tools
we've been given by the city is

02:55:26.439 --> 02:55:28.175
to attend every interview and
not only be at the interview

02:55:30.977 --> 02:55:32.977
but to proactively ask

02:55:34.448 --> 02:55:36.182
questions and so to have that
additional auditor would really

02:55:38.685 --> 02:55:40.753
complete our tool box.
>> ok, I appreciate that.

02:55:41.588 --> 02:55:43.989
And is are you aware of any
measures that we can take to
secure these funding?

02:55:45.592 --> 02:55:48.194
Is there grants out there?
What would this have to wait
till I guess we'd have to

02:55:49.796 --> 02:55:52.164
go through the budget cycle?
>> yeah, I think you would have
go through the budgets that

02:55:54.680 --> 02:55:56.836
would be general fund funded.
Ok, well you that being said,
thank you.
Thank you for your answers.

02:55:56.837 --> 02:55:58.837
Really appreciate that.

02:56:00.841 --> 02:56:02.708
Also appreciate my colleagues
memo asking for the deferment.

02:56:04.978 --> 02:56:06.946
I personally just I don't know
if it would change the outcome

02:56:09.316 --> 02:56:10.950
honestly if we defer this item
I personally feel like it's a

02:56:13.200 --> 02:56:15.889
little bit of kicking kicking
the can down the road and I MAY
think differently, you know, if

02:56:16.957 --> 02:56:18.892
this room was filled with like
advocates asking for this

02:56:20.561 --> 02:56:22.329
policy change but I don't
really see anybody here in the

02:56:25.412 --> 02:56:26.819
room asking for it and
demanding it.
So I'll listen to my colleagues

02:56:28.200 --> 02:56:30.403
talk.
But that's kind like what
my thoughts are.

02:56:30.404 --> 02:56:32.874
>> I don't necessarily want to
kick it down the road because I

02:56:32.874 --> 02:56:34.874
don't know the decision would

02:56:35.743 --> 02:56:37.877
would change by doing that.
>> thank you.
Thank you.

02:56:47.155 --> 02:56:48.889
Councilmember councilmember
bartra all all right.

02:56:53.394 --> 02:56:55.950
>> thank you.
In the first na pitman's

02:56:58.990 --> 02:57:00.990
committee we discussed

02:57:01.803 --> 02:57:03.737
at length that how the process
has been working currently and

02:57:06.107 --> 02:57:08.107
what the deficiencies were and

02:57:09.244 --> 02:57:11.244
even the privileges which were

02:57:12.847 --> 02:57:15.282
available to ipa were not being
foley utilized for various
reasons.

02:57:16.551 --> 02:57:18.551
And one of the reasons you

02:57:20.489 --> 02:57:22.489
discussed councilmember right

02:57:24.492 --> 02:57:26.727
now that adequacy of resources
and four to one that committee

02:57:28.597 --> 02:57:30.597
made the decision that what we

02:57:32.101 --> 02:57:34.101
need is not a new model.

02:57:35.804 --> 02:57:37.738
We need to just make our model
which we currently have work

02:57:40.408 --> 02:57:42.376
better, work more effectively
and overcome the gaps which we

02:57:44.346 --> 02:57:46.346
have identified in terms of the

02:57:48.616 --> 02:57:50.616
processes not being documented.

02:57:52.187 --> 02:57:54.187
>> I seen the memo written by

02:57:54.956 --> 02:57:57.900
my colleagues asking for the
deferment.

02:57:59.600 --> 02:58:01.600
>> let's look at it what the

02:58:02.731 --> 02:58:04.731
deferment will do for us.

02:58:07.302 --> 02:58:09.302
>> the deferment will make

02:58:11.390 --> 02:58:13.274
uncertain how the ipa is going
to work in future and when we

02:58:15.644 --> 02:58:17.644
have to hire an ipa we will not

02:58:19.982 --> 02:58:21.616
be describe being to the ipa
what the job in the role model

02:58:23.785 --> 02:58:25.854
is going to be.
>> we're going to be asking

02:58:27.923 --> 02:58:29.891
that person to take a leap
of faith that the model which

02:58:32.161 --> 02:58:34.950
we choose to work under would
be the model with that person

02:58:36.599 --> 02:58:38.599
is comfortable with it and MAY

02:58:39.368 --> 02:58:41.136
not really like to work for us
it is the responsibility of the

02:58:44.307 --> 02:58:45.974
council to make the decision
now I believe it's a golden

02:58:48.544 --> 02:58:50.544
opportunity that when we don't

02:58:52.148 --> 02:58:54.820
have a permanent ipa to be able
to make the right choice we do

02:58:56.510 --> 02:58:57.786
not have to worry about at the
moment whether dispersed likes

02:59:00.391 --> 02:59:02.391
that model or not.

02:59:02.859 --> 02:59:04.826
We get the ipa after we have
made the choice what model we

02:59:04.861 --> 02:59:06.861
are going to be comfortable

02:59:07.730 --> 02:59:09.730
with what the city of san jose

02:59:10.900 --> 02:59:12.834
likes to be and then we
interview and hire a person

02:59:15.438 --> 02:59:17.505
giving them the proper job
description and hence they only

02:59:20.410 --> 02:59:22.410
take the job if they are

02:59:22.979 --> 02:59:24.914
comfortable with the proposal
we have in front of them

02:59:27.284 --> 02:59:29.117
kicking the can down the road,
creating an uncertainty of the

02:59:30.987 --> 02:59:32.955
job description for the person
who is going to be coming isn't

02:59:35.224 --> 02:59:37.359
really the right thing to do.
We have enough information.

02:59:39.563 --> 02:59:41.129
>> we have discussed it enough
and what more are we waiting

02:59:42.633 --> 02:59:44.633
for?

02:59:46.350 --> 02:59:47.636
we have the experts given the
opinion we have to deliberated

02:59:50.140 --> 02:59:52.740
frisbees.
It's a time to take the

02:59:54.545 --> 02:59:56.145
decision and I like the
recommendation written in the

02:59:58.315 --> 03:00:00.316
memo.
>> no.

03:00:02.353 --> 03:00:04.353
>> two and three but I totally

03:00:06.156 --> 03:00:08.156
disagree with the one no one.

03:00:09.827 --> 03:00:11.861
>> so I would move the motion
to accept the recommendation

03:00:16.267 --> 03:00:18.534
along with the memo the
recommendation two and three.

03:00:20.604 --> 03:00:22.438
Ok, so we have a motion to
support the recommendation

03:00:24.374 --> 03:00:26.308
coming out of the public safety
and strategic support public

03:00:28.479 --> 03:00:30.479
safety, finance and strategic

03:00:32.216 --> 03:00:34.717
support committee seconded by
the vice mayor.
>> anything else

03:00:36.253 --> 03:00:38.121
councilmember to conclude
my comment so the primary

03:00:40.791 --> 03:00:42.791
reason why I'm objecting to

03:00:43.461 --> 03:00:45.595
that deferment is I do not want
to have the opportunity to give

03:00:47.865 --> 03:00:49.865
a person who is going to get

03:00:51.568 --> 03:00:54.700
hired not know what his or her
job description is going to be
that will not be productive for

03:00:56.140 --> 03:00:58.140
us.

03:00:58.943 --> 03:01:00.777
Will not be productive for the
person who comes forward and

03:01:01.450 --> 03:01:03.450
thank you, councilmember and

03:01:03.614 --> 03:01:05.382
just to clarify that is the uh
the recommendation was the

03:01:07.418 --> 03:01:09.486
staff alternative so not a
hybrid model and then it

03:01:11.388 --> 03:01:13.323
sounded like and I just want to
clarify of the group memo put
forward by

03:01:15.226 --> 03:01:17.293
councilmember torres
cohen and foley sounded like

03:01:19.430 --> 03:01:20.964
you supported rex two and three
which included an mba on

03:01:23.534 --> 03:01:25.369
evaluating additional positions
for the ipa and directing the

03:01:27.538 --> 03:01:30.140
ipa to create policy and
procedures manual before hiring
a new ipa.

03:01:31.709 --> 03:01:33.643
>> yes, you include those
recommendation 100 percent ok

03:01:35.379 --> 03:01:37.130
is the style that was
at seconders understanding yes.

03:01:38.550 --> 03:01:41.184
Great.
Ok we have a motion by mayor.
Did you have any additional

03:01:46.190 --> 03:01:48.225
comments or questions or should
I continue um please.

03:01:50.829 --> 03:01:52.529
Um this was discussed
extensively at uh public safety

03:01:54.833 --> 03:01:56.833
finance the strategic support

03:01:57.602 --> 03:01:59.670
committee and I think that one
of the things that we realized

03:02:02.640 --> 03:02:05.309
is that if you went down the
road of a hybrid and yes, you
know, it's going to take a lot

03:02:06.811 --> 03:02:08.846
longer number one.
Number two, sometimes you know,

03:02:09.781 --> 03:02:11.783
I've been asking myself how do
you audit the auditor?

03:02:13.552 --> 03:02:15.619
How do you get an auditor to
audit the auditor and it
becomes a little bit

03:02:17.856 --> 03:02:19.856
cumbersome.

03:02:21.227 --> 03:02:23.494
You with with that kind
of potential model.

03:02:25.897 --> 03:02:27.866
So I think that the the best
options right now is really to

03:02:29.835 --> 03:02:31.835
strengthen the ipa, give it the

03:02:32.404 --> 03:02:34.439
support it needs as has been
mentioned in item number two

03:02:37.800 --> 03:02:39.800
of the memo from jimenez torres

03:02:40.712 --> 03:02:43.614
colon foley and I think that
that'll help tremendously so
thank you for that.
>> right.

03:02:46.385 --> 03:02:48.385
Thank you berryessa

03:02:50.255 --> 03:02:52.223
transformer's yeah.
Thank you.

03:02:53.726 --> 03:02:55.693
So I'm on the public safety
committee that day that we had

03:02:57.363 --> 03:02:59.363
a very well I wouldn't say we

03:03:01.444 --> 03:03:03.335
well we I guess the committee
had a very robust discussion
about the topic.

03:03:03.503 --> 03:03:05.270
I didn't say a whole lot just
because I knew it was going to

03:03:05.705 --> 03:03:07.972
be cross reference and so you
know, it wasn't a unanimous
vote.

03:03:09.241 --> 03:03:11.943
Uh, I didn't support sort
of moving forward with the
recommendation just a few

03:03:13.412 --> 03:03:15.780
things that come to mind and I
want to share with you why I
mean I'm interested in

03:03:17.449 --> 03:03:19.651
deferring I'm not sure really
if it would give us a different
outcome quite frankly to some

03:03:19.651 --> 03:03:21.651
of the points that have been

03:03:21.887 --> 03:03:23.555
made.
I realize that but I think it's

03:03:25.491 --> 03:03:27.458
important just to share some
perspectives and to to remind

03:03:28.594 --> 03:03:31.229
us about some of the work that
the consultant did.
The first thing I would say is

03:03:34.310 --> 03:03:35.706
that there's been mention
of this is the right approach,
this is the right thing to do

03:03:36.369 --> 03:03:39.271
and I think that's very
subjective as it relates to
what's the right thing.

03:03:41.140 --> 03:03:42.975
>> and so I just wanted to
point that out because right to

03:03:44.744 --> 03:03:46.745
me can be wrong to someone else
and you know, so on and so
forth.

03:03:48.648 --> 03:03:50.949
The other thing I wanted to
share is that when we talk
about having experts in the

03:03:51.685 --> 03:03:53.551
room, certainly the police
officers are experts, I.A.

03:03:56.122 --> 03:03:57.990
Folks doing the investigations
but the other person I think

03:03:59.559 --> 03:04:01.293
would be an expert in the room
once hired is our next and

03:04:03.563 --> 03:04:05.431
that's that's the reason I
think it is important is that

03:04:07.600 --> 03:04:09.600
we actually get that expert

03:04:10.700 --> 03:04:12.604
that we're going to hire as a
counsel to come in and run the
office and get their

03:04:14.474 --> 03:04:16.508
perspective as to what model
they think we should be

03:04:18.478 --> 03:04:21.380
utilizing or what can be more
effective in.
>> additionally, I think if we

03:04:22.882 --> 03:04:24.650
did it that way it would create
by and by the person that we're

03:04:25.386 --> 03:04:28.221
hiring in that it would give
them the opportunity to shape
the office to a certain extent.

03:04:29.890 --> 03:04:31.757
>> and the other the other
thing that I think is important

03:04:33.527 --> 03:04:36.328
to remember as we go down the
road in making this decision is
that what I fear?

03:04:38.132 --> 03:04:39.965
>> obviously it's very clear to
all of us that there's been

03:04:41.502 --> 03:04:44.300
some turbulence within the epa
office.
I know there's been comments

03:04:44.271 --> 03:04:46.338
from some of the folks that,
you know, we need to look back

03:04:48.609 --> 03:04:51.344
and evaluate an audit I guess
what's been happening and I
agree with you I think it's

03:04:52.579 --> 03:04:55.414
important to see what has been
legitimate and what you and
what has gone wrong in the

03:04:56.950 --> 03:04:58.417
office with some of the reports
and the yearly reports

03:05:00.387 --> 03:05:03.289
specifically.
>> but I also what I don't want
to see is the damage to the

03:05:05.590 --> 03:05:06.592
office because I also similarly
to when we have a police

03:05:08.895 --> 03:05:11.764
officer that does something
wrong I don't want to taint the
whole department and I know it
doesn't take the whole

03:05:12.466 --> 03:05:15.101
department because I know
there's a lot of great officers
out there but there are some

03:05:15.870 --> 03:05:17.637
folks that do something wrong
and so likewise I'm not

03:05:20.408 --> 03:05:23.210
interested in having the epa
office be damaged by behavior
by former ipas.

03:05:24.913 --> 03:05:26.913
And so I fear that when we when

03:05:27.381 --> 03:05:29.315
we begin to use language that,
you know, to to sort of suggest

03:05:31.485 --> 03:05:34.287
that the that everything that
the former epa has touch is
sort of gone to and isn't

03:05:35.623 --> 03:05:38.558
worth anything is just the
wrong approach.
and I think we need to be very

03:05:39.494 --> 03:05:41.595
thoughtful as to how we move
forward in that.

03:05:43.264 --> 03:05:45.932
>> the other thing that I worry
about is that we here are
interested in deferring and

03:05:48.200 --> 03:05:50.700
certainly I'm partial to to the
hybrid model but I think we

03:05:51.306 --> 03:05:52.872
here are what I hear us doing
and what I see us doing is

03:05:54.809 --> 03:05:57.544
making long term decisions
based on temporary hurt that
the office is going through.

03:05:59.113 --> 03:06:00.681
>> and I have real concerns
that that is in fact what's

03:06:02.817 --> 03:06:04.551
potentially no one has
expressed that but driving some

03:06:06.654 --> 03:06:09.356
of these decisions that are
going to really shape the
office for years to come based

03:06:11.590 --> 03:06:12.994
on some of the immediate issues
that we've encountered as an

03:06:14.563 --> 03:06:17.364
office as the epa, the epa
office.
>> the other thing I just

03:06:17.933 --> 03:06:20.534
wanted to read a few things
that were in the report that I
think are worth lifting up and

03:06:22.300 --> 03:06:24.304
as I was going through the
report it had been some time
because we've been kicking this

03:06:26.474 --> 03:06:28.844
around since NOVEMBER.
Twenty two I think it's been
some time.

03:06:28.844 --> 03:06:31.445
>> and so I just wanted to read
a little bit about what the
consultant put in here to

03:06:33.414 --> 03:06:35.683
refresh our memory as to where
how we got here and why this is
important.

03:06:37.252 --> 03:06:38.719
So just one of the things on
page 15 it's as proper

03:06:41.220 --> 03:06:42.857
investigation of officer
misconduct allegations is the

03:06:44.493 --> 03:06:46.994
cornerstone of demonstrating to
the public an internal
stakeholders that the

03:06:49.197 --> 03:06:51.265
department is committed to the
highest level of integrity when
it comes to serving

03:06:53.435 --> 03:06:55.435
communities.

03:06:56.738 --> 03:06:58.573
>> the other thing I wanted to
share is on page 19 you because

03:07:00.976 --> 03:07:02.910
the epa office has been in
existence since 1990 three and

03:07:04.713 --> 03:07:06.547
I know MR. Sununu tory has
expressed her perspective which

03:07:07.816 --> 03:07:10.518
I appreciate and respect you.
>> I think maybe at some point
you even try to refresh

03:07:11.887 --> 03:07:14.789
my memory as to what you said
that the auditing function
similarly is what we need and

03:07:16.458 --> 03:07:18.626
those are we have the tools
essentially already to do a
job.

03:07:20.195 --> 03:07:21.963
>> but I wanted to sort
of hearken back to what they

03:07:23.932 --> 03:07:26.367
put in this report and the
consultant said this and again
we've had an epa office since

03:07:28.103 --> 03:07:29.837
nineteen ninety three.
>> it's been a little while

03:07:31.207 --> 03:07:32.840
they said past epa's believe
strongly that having civilian

03:07:35.143 --> 03:07:36.978
investigators housed in the
epa's office or elsewhere in

03:07:38.748 --> 03:07:40.281
the city would be an important
way to strengthen the

03:07:42.552 --> 03:07:45.186
investigative process and
ensure objective investigations
.
>> the input collected from

03:07:46.189 --> 03:07:47.789
civilian oversight
professionals indicated that a

03:07:50.125 --> 03:07:52.394
skilled dedicated investigatory
unit would provide a more
objective review than personnel

03:07:53.929 --> 03:07:56.265
with professional and
potentially personal
connections to the subjects

03:07:58.100 --> 03:07:59.835
of investigati
>> it was also suggested that

03:08:01.871 --> 03:08:03.404
at minimum at minimum the
existence of independent

03:08:05.975 --> 03:08:08.376
civilian investigators could
mitigate the perception or
concern that officers MAY be

03:08:09.713 --> 03:08:12.180
motivated to disregard or
downplay allegations
of misconduct.

03:08:13.984 --> 03:08:15.718
>> to me that's sort of in a
nutshell tells us why going

03:08:17.787 --> 03:08:20.522
down the road and exploring
different models is important.
>> it's important and and so

03:08:22.492 --> 03:08:24.893
I'll leave it at that.
I think I've said enough I'd
like to hear from other

03:08:26.563 --> 03:08:28.563
colleagues but I just think
it's wrong to to sort of put

03:08:29.399 --> 03:08:32.000
this on the shelf and not do it
because to be honest, I fear
that we're never going to have

03:08:33.469 --> 03:08:35.237
another opportunity as a city
to go down this road and

03:08:37.206 --> 03:08:38.974
explore a different model and I
think we're forgoing this very

03:08:41.512 --> 03:08:43.512
special place in time in which

03:08:44.615 --> 03:08:47.450
we can open up and figure out
with the best approaches and so
I think today if we vote this

03:08:48.585 --> 03:08:50.219
down rather than deferred,
we're essentially forgoing that

03:08:52.589 --> 03:08:54.356
opportunity not allowing the
future ipa who's going to be

03:08:56.260 --> 03:08:58.728
hired sometime in the not too
distant future from chiming in
and expressing to us as the

03:09:00.197 --> 03:09:02.310
expert, as the professional not
us but as the professional what

03:09:04.401 --> 03:09:06.368
they think should be the
approach of the office.

03:09:08.338 --> 03:09:10.441
And so with that again I'm not
going to I was inclined to do a
substitute motion but I have a

03:09:10.441 --> 03:09:13.100
sense as to where the votes
are.

03:09:13.100 --> 03:09:14.744
But I appreciate the comments,
respect all opinions from the

03:09:15.779 --> 03:09:17.947
police department, everyone up
here but I just think that, you

03:09:19.820 --> 03:09:21.184
know, I think we could do
better.
>> thank you.

03:09:22.753 --> 03:09:24.753
Thank you.

03:09:26.924 --> 03:09:29.559
Councilmember councilmember one
you thank you mayor.

03:09:32.863 --> 03:09:34.697
>> I appreciate
councilmember

03:09:37.301 --> 03:09:39.301
rationalizing and I think it's

03:09:40.671 --> 03:09:42.605
it's important that we at this
point support ourselves a

03:09:44.541 --> 03:09:46.541
police department and and

03:09:48.145 --> 03:09:50.145
encourage our robust ippei

03:09:53.951 --> 03:09:55.985
officers to continue the
diligent work at this point it

03:09:58.589 --> 03:10:01.224
we're not it doesn't mean what
we make a decision today.
It can't be changed in the

03:10:05.963 --> 03:10:08.765
future if there's something
wrong I believe there are I/
in
our police department doing a

03:10:10.701 --> 03:10:12.701
great job and it doesn't

03:10:14.305 --> 03:10:16.305
mean that I can't look at some

03:10:18.760 --> 03:10:20.760
of these complaints and reports

03:10:20.311 --> 03:10:22.311
and dig into it and give it

03:10:24.115 --> 03:10:26.115
their recommendation and I

03:10:28.520 --> 03:10:30.220
think it's important that while
encouraging the best practice,

03:10:35.793 --> 03:10:37.661
we give our ippei a clear
expectation what they're

03:10:38.997 --> 03:10:40.997
procedure and jobs that they

03:10:43.535 --> 03:10:45.535
need to do.

03:10:46.905 --> 03:10:48.905
But it's also allow our police

03:10:49.908 --> 03:10:52.309
department to have the trust,
the integrity that they deserve
.

03:10:54.979 --> 03:10:57.147
>> and so I just want to
clarify that today we are

03:11:07.590 --> 03:11:09.995
rejecting the staff memo and we
reaffirming a decision in pipis
to keep the ippei as is

03:11:09.995 --> 03:11:12.897
currently correct and also to
accept item two and three from
our council members I think

03:11:14.366 --> 03:11:16.634
would be the rejection of the
hybrid model proposed by a
consultant.

03:11:18.436 --> 03:11:20.604
I don't think it's a rejection
of the staff memo just to
clarify.

03:11:22.374 --> 03:11:24.374
>> but but the suggestion here

03:11:26.440 --> 03:11:28.313
is to go with staff's proposed
alternative which was supported

03:11:29.470 --> 03:11:30.882
by I believe four to one vote a
majority vote of the public

03:11:33.252 --> 03:11:34.986
safety finance and strategic
support committee.

03:11:37.155 --> 03:11:38.889
that alternative is an
alternative to the hybrid model

03:11:42.294 --> 03:11:44.620
that the consultant had
proposed and instead focuses on

03:11:46.970 --> 03:11:47.965
the other investments that were
outlined in the presentation we

03:11:50.335 --> 03:11:51.969
just saw that could be actioned
through the budget next year

03:11:54.507 --> 03:11:56.574
also includes clarifying
process mutually between the

03:11:58.430 --> 03:11:59.778
department and the epa in a way
that I certainly think would be

03:12:01.280 --> 03:12:03.214
would be very helpful to all
just to make sure the epa has

03:12:04.490 --> 03:12:06.490
adequate time and access to the

03:12:09.255 --> 03:12:11.489
information they need to
perform their audit function.
>> thank you for that

03:12:13.250 --> 03:12:15.627
clarification.
Ok, yes, you're welcome.
Any other questions?
No, that's it.

03:12:16.295 --> 03:12:17.996
All right.
Thank you.

03:12:20.366 --> 03:12:22.234
>> councilmember councilmember
foley thank you.

03:12:24.537 --> 03:12:26.537
Thank you for the presentation

03:12:28.617 --> 03:12:30.157
and karen, thank for the
briefing that I had with you a
couple of weeks ago.
That was really helpful in

03:12:31.678 --> 03:12:33.678
understanding the issue not

03:12:35.248 --> 03:12:36.881
having sat on passivism,
listening to what seems like a

03:12:39.385 --> 03:12:41.385
robust conversation there.

03:12:43.550 --> 03:12:44.890
I did have a couple clarifying
questions for you regarding the

03:12:47.460 --> 03:12:49.528
participating in the witness
interviews is that a capacity

03:12:51.698 --> 03:12:53.899
issue more so than you've been
denied access to the
interviews?

03:12:54.835 --> 03:12:56.835
>> I just want to clear that

03:12:58.205 --> 03:13:00.205
clarify that we have never been

03:13:02.309 --> 03:13:04.376
denied access to an interview
san is that gives us notice and

03:13:06.746 --> 03:13:09.248
before measure g we were in the
room and after measure g we
were allowed to ask questions

03:13:10.584 --> 03:13:12.584
with agreement with the

03:13:14.888 --> 03:13:16.888
san jose police department.

03:13:17.257 --> 03:13:19.425
>> so um its lack of staff that
we haven't been able so we are

03:13:21.795 --> 03:13:23.662
kind of triaging it if it's a
very minor offense we are going

03:13:25.799 --> 03:13:27.399
if it's something we think is
more egregious we're in there

03:13:29.803 --> 03:13:31.671
or more complicated.
>> so and we're asking

03:13:33.607 --> 03:13:35.674
questions and I think we're
making a difference.

03:13:37.244 --> 03:13:39.378
I spoke to the chief this
morning and he quoted some

03:13:41.548 --> 03:13:43.616
questions I had raised at one
of the interviews so I think

03:13:44.351 --> 03:13:46.553
we're making a difference a big
difference.
>> great.

03:13:46.553 --> 03:13:48.553
I I appreciate that and the

03:13:49.823 --> 03:13:51.690
same thing with any
documentation that you want to

03:13:52.426 --> 03:13:54.693
see, you have access to that
that's not being withheld.

03:13:56.630 --> 03:13:58.564
You have total access to any
of the cases that internal

03:14:00.534 --> 03:14:02.568
affairs is looking at if you've
triaged it interchurch and that

03:14:05.339 --> 03:14:07.106
it's something risen to the
level that you want to take a

03:14:08.442 --> 03:14:10.944
look at given the capacity that
you have.
>> that's correct.

03:14:12.120 --> 03:14:13.846
We are currently auditing every
complaint that comes in whether

03:14:15.816 --> 03:14:17.984
it comes in to the police
department or to our ipa.

03:14:20.755 --> 03:14:22.755
>> we actually have a shared

03:14:23.424 --> 03:14:25.158
database and we have unfettered
access to everything so that

03:14:28.262 --> 03:14:30.196
includes body worn camera
footage, any photographs,

03:14:32.733 --> 03:14:34.733
police reports, complaints the

03:14:36.504 --> 03:14:38.705
inner the complaint tape
recorded interview.

03:14:40.241 --> 03:14:42.750
>> so we have full access to
everything.

03:14:42.243 --> 03:14:44.578
>> thank you so well.
So it seems to me that the

03:14:44.645 --> 03:14:46.645
system is working.

03:14:48.116 --> 03:14:49.749
>> you just don't have enough
staff so are you in the process

03:14:51.319 --> 03:14:53.920
of hiring staff?
>> I recall our conversation
that you were in the process

03:14:55.389 --> 03:14:57.324
of hiring.
Was it to staff people you were

03:14:59.694 --> 03:15:01.762
looking to hire that are
already are funded or.

03:15:03.631 --> 03:15:05.631
>> yeah, so we have we were

03:15:07.135 --> 03:15:10.300
funded under measure g so that
we could do data analytics on
the use of force cases.

03:15:11.906 --> 03:15:13.541
Now the use of force cases
don't necessarily come to us as

03:15:15.477 --> 03:15:17.878
complaints.
San jose police department has
made all those reports

03:15:19.648 --> 03:15:21.716
available to us even though
they don't as complaints

03:15:24.319 --> 03:15:25.953
measure g allowed us to do
analytic on that and no one was

03:15:27.823 --> 03:15:29.823
ever hired.

03:15:31.626 --> 03:15:33.361
So we just posted for that and
we will have another analyst to

03:15:35.530 --> 03:15:37.497
help us with data analytics.
>> ok, great.

03:15:39.668 --> 03:15:41.402
And once you hire them then
you'll be able to analyze the

03:15:43.872 --> 03:15:45.872
data of especially because

03:15:46.741 --> 03:15:48.741
of force and probably the other

03:15:50.345 --> 03:15:52.380
data that we are we are
collecting I mean we are really

03:15:54.516 --> 03:15:57.285
this I can't explain how strong
this model is.
>> we're we're in it from the

03:15:57.953 --> 03:15:59.787
beginning.
We're giving we're asked about

03:16:02.791 --> 03:16:04.258
the allegations because the
allegations define the

03:16:06.495 --> 03:16:08.897
investigation centers.
>> apd takes our input.
>> thank you.

03:16:09.398 --> 03:16:11.398
Your comments are really

03:16:13.402 --> 03:16:15.537
compelling to me having jumped
into the office that had some

03:16:18.106 --> 03:16:20.106
issues when you jumped in

03:16:21.711 --> 03:16:23.946
having analyzed what needs to
be done and I think you're the
one who mentioned that we need

03:16:23.946 --> 03:16:25.946
a policy and procedures manual.

03:16:26.215 --> 03:16:27.782
yes.
And that would help you and

03:16:29.518 --> 03:16:31.486
help the future.
>> ippei.

03:16:33.388 --> 03:16:35.223
>> so with that I'm going to
support the motion on the table

03:16:36.492 --> 03:16:38.760
even though initially I did
coauthor the memo to defer I

03:16:40.629 --> 03:16:43.640
see no need to do that as it
seems the system is working
except we need a couple

03:16:44.867 --> 03:16:47.369
of things.
You need more staffing and you
need and which we need to

03:16:49.272 --> 03:16:50.872
analyze through the budget
process and you need a policy

03:16:52.508 --> 03:16:54.877
and procedures manual.
>> thank you with that I'm I'm
finished.
>> thank you mayor.

03:16:54.877 --> 03:16:57.312
Thank you
councilmember bartra

03:17:00.820 --> 03:17:01.649
back to you again.
>> I did want to comment on

03:17:03.886 --> 03:17:05.620
my colleague
councilmember brought

03:17:07.991 --> 03:17:09.991
up some very important point

03:17:12.294 --> 03:17:14.294
and his biggest point was for

03:17:15.966 --> 03:17:17.966
deferring is that we will have

03:17:20.360 --> 03:17:21.770
the buy in of the new ipa who
comes on board and that is

03:17:24.140 --> 03:17:26.140
normally a very good

03:17:27.544 --> 03:17:29.544
requirement except in this case

03:17:31.248 --> 03:17:33.248
once we make the decision we

03:17:35.352 --> 03:17:37.486
will be hiring the new ipa that
ipa is going to know before

03:17:38.821 --> 03:17:40.823
hand what model this council
chose.

03:17:43.930 --> 03:17:45.930
What the city would like to see

03:17:46.763 --> 03:17:49.310
would happen if that ipa does
not have a buy in of his desire

03:17:50.968 --> 03:17:53.236
to work in that model he or she
won't take her job.

03:17:55.239 --> 03:17:57.720
>> so in this case we will be
very fortunate that we will be

03:17:59.142 --> 03:18:01.142
getting an ipa who really

03:18:02.713 --> 03:18:04.546
believes in the system they
will be working in.

03:18:06.717 --> 03:18:08.885
So I'm not concerned at this
particular point about not

03:18:11.210 --> 03:18:13.890
being able to have the buy in
of the person who is actually

03:18:14.157 --> 03:18:16.191
going to be performing the job
otherwise councilmember havanas

03:18:18.362 --> 03:18:20.430
I would have certainly tried to
do something to achieve that

03:18:22.433 --> 03:18:24.200
but in this case I feel pretty
confident in fact I consider it

03:18:26.360 --> 03:18:28.360
to be a golden opportunity to

03:18:29.640 --> 03:18:31.474
be able to make this decision
and then go and hire the ipa

03:18:34.440 --> 03:18:35.911
who foley understands how we
are going to be working or what

03:18:37.347 --> 03:18:39.347
they will be expected to do.

03:18:40.718 --> 03:18:42.152
>> thank you.
>> ok, we're back to

03:18:45.223 --> 03:18:46.990
councilmember
yeah thank you mr matari.

03:18:48.959 --> 03:18:51.661
I know you've mentioned time
and again sort of your your
perspective it seems like and

03:18:53.531 --> 03:18:55.531
correct me if I'm wrong as I

03:18:57.134 --> 03:18:58.969
say this we have all the tools
this is a sort of model that

03:19:02.673 --> 03:19:05.541
currently exists give that that
is that is ideal for for really
auditing and making sure that

03:19:07.845 --> 03:19:09.845
everything's done sort of as it

03:19:10.915 --> 03:19:13.583
should is that is that is that
your sense of the current model
that we have?

03:19:15.553 --> 03:19:17.553
>> well, it's correct and I

03:19:19.123 --> 03:19:21.123
I've enjoyed that as far as

03:19:22.826 --> 03:19:24.627
appealing some decisions and
having a back and forth and

03:19:26.697 --> 03:19:28.832
having the police department
changed the outcome of cases so

03:19:31.802 --> 03:19:33.802
it's yes, it's very powerful

03:19:35.373 --> 03:19:37.340
auditing tool and and do you
assuming because I'm of the

03:19:39.410 --> 03:19:42.245
mind like I assume everyone up
here is that we need a resource
the office we need more bodies.

03:19:43.181 --> 03:19:45.150
We need to be doing some
of that work and that would

03:19:47.485 --> 03:19:49.153
only strengthen what you
perceive to be a good model

03:19:51.924 --> 03:19:53.557
which I assume that's correct.
>> and I and I think that would

03:19:55.460 --> 03:19:57.227
certainly strengthen the model.
>> but but have you given any

03:19:59.970 --> 03:20:01.165
thought to what would make the
improve the model even more?

03:20:02.100 --> 03:20:04.368
>> believe me, I've given a
lot of thought to it.

03:20:07.405 --> 03:20:09.405
So that's one of the reasons I

03:20:09.808 --> 03:20:11.842
suggested to the city manager
that another person on board

03:20:13.979 --> 03:20:16.147
because being in the interviews
is key.

03:20:18.830 --> 03:20:20.117
And number two, we need
policies and agreements with

03:20:22.487 --> 03:20:24.487
the police department and we're

03:20:26.591 --> 03:20:28.591
working on that right now.

03:20:29.600 --> 03:20:31.950
>> so those are those are the
two things I've given a lot

03:20:33.565 --> 03:20:35.565
of thought to and the current

03:20:37.235 --> 03:20:39.103
staff is is so professional and
working so hard and we just

03:20:41.273 --> 03:20:43.207
need one or two more people
like that and san jose will be

03:20:45.177 --> 03:20:47.345
very proud of their system
of police oversight.

03:20:49.115 --> 03:20:51.115
>> and do you think that giving

03:20:53.318 --> 03:20:55.530
you know, adding a company or
an ingredient of in in the mind

03:20:56.755 --> 03:20:58.390
of the public objectivity and
independence as it relates to

03:21:00.920 --> 03:21:01.960
investigators within the ipa in
the hybrid model would that

03:21:04.430 --> 03:21:06.430
wouldn't that enhance the model

03:21:08.201 --> 03:21:10.201
in your mind or the the model

03:21:11.904 --> 03:21:14.572
in my mind is muddled.
It would take so long to figure
out the details.

03:21:16.342 --> 03:21:17.976
There's a back and forth I
don't understand I don't

03:21:20.312 --> 03:21:22.380
understand who would be
overseeing what ipa does.

03:21:24.250 --> 03:21:26.418
I don't know what kind
of investigato would come in.

03:21:28.388 --> 03:21:30.122
I don't know how you would
coordinate that rare case when

03:21:31.490 --> 03:21:33.490
officer misconduct is also

03:21:35.762 --> 03:21:37.996
criminal where civilians
wouldn't have any authority

03:21:40.767 --> 03:21:42.734
over the criminal part of it or
so I find it a muddled model.

03:21:43.169 --> 03:21:45.905
>> yeah, I don't disagree with
you that there are components
of it that I don't foley

03:21:47.474 --> 03:21:49.508
understand but but I think we
as a city need to choose to

03:21:51.177 --> 03:21:53.946
go down that road before we
go sort of deconstructed and
figure out ok, they're going to

03:21:53.946 --> 03:21:56.416
do this and they don't do that
and they investigate this and

03:21:56.416 --> 03:21:58.416
so but anyway so I appreciate

03:21:59.419 --> 03:22:01.753
your comments.
>> I'll just leave everyone
with this.

03:22:03.223 --> 03:22:04.957
I don't know if anyone else has
any comments but the in the

03:22:07.227 --> 03:22:09.950
consultant report they have a
section that says rationale for

03:22:10.864 --> 03:22:13.298
recommendation and it says
this allowing for more robust
independent oversight and

03:22:15.268 --> 03:22:17.136
independent investigations when
appropriate within the

03:22:19.720 --> 03:22:21.674
discretion of the ipa can help
temper some perceptions
of police officers
investigating their peers,

03:22:22.809 --> 03:22:24.543
partners and possible
associates is a direct conflict

03:22:26.790 --> 03:22:28.148
of interest or at best subject
to the perception of partiality
.

03:22:28.148 --> 03:22:30.148
>> and so I think that is the

03:22:30.717 --> 03:22:32.285
spirit in which they recommend
this model where you get a

03:22:34.454 --> 03:22:36.880
third party investigator, if
you will, that would oversee

03:22:38.158 --> 03:22:39.992
some of these investigations.
>> and so thank you appreciate

03:22:42.162 --> 03:22:43.996
that you councilmember customer
con.

03:22:46.990 --> 03:22:48.234
>> yeah, thank you.
First I just want to thank um
my colleague

03:22:50.400 --> 03:22:52.605
councilmember for his
thoughtful input on this topic
.

03:22:54.541 --> 03:22:56.509
>> um, you know he's been I
consider him my sort of expert

03:22:57.678 --> 03:23:00.120
on on this topic over the years
he's he's been here for this
conversation which is going on

03:23:01.648 --> 03:23:04.183
for a long time.
This isn't something new.
This is something that's been a

03:23:05.452 --> 03:23:08.121
question about how the city
should proceed and and it's
complicated to the point

03:23:09.757 --> 03:23:12.592
at which we always kind of had
a conversation, deferred it,
had a conversation and deferred

03:23:13.761 --> 03:23:16.300
it because we I don't think any
of us know what the right
answer is to what the model to

03:23:16.300 --> 03:23:18.698
a perfect model.
>> I don't think there is such

03:23:18.832 --> 03:23:20.832
a thing the perfect model but

03:23:20.968 --> 03:23:22.602
you know you know many of the
folks have weren't haven't been

03:23:24.405 --> 03:23:26.773
on council on previous
conversations that we've had
over the years and even

03:23:28.376 --> 03:23:30.910
conversations that were there
before I came on council I
mean as has been part of those

03:23:32.746 --> 03:23:34.514
for a long time.
So that's why I joined the

03:23:35.483 --> 03:23:38.385
group with him writing a memo
that I thought, you know, had a
lot of thought behind it.

03:23:39.854 --> 03:23:41.688
I also want to thank our
interim ipa because I think

03:23:43.891 --> 03:23:45.625
actually having that fresh set
of eyes now somebody who has a

03:23:47.896 --> 03:23:49.896
lot of experience and is really

03:23:50.264 --> 03:23:53.670
good at this to come in and say
and give us some perspective
maybe how how good our model

03:23:54.835 --> 03:23:57.300
really is because it was really
hard for us to tell that
before.

03:23:58.206 --> 03:24:01.700
And so I I appreciate that and
that that helps give me some
more confidence in in what

03:24:02.777 --> 03:24:04.711
we're doing in the model we
currently have and you know,

03:24:06.781 --> 03:24:08.949
makes me think let's you know
let's let's not continue to
drag this conversation out

03:24:10.618 --> 03:24:13.210
longer.
That needs to be but let's try
to figure out how to give the

03:24:13.210 --> 03:24:15.989
epa the tools it needs to be
more successful.
I want to thank our police

03:24:17.759 --> 03:24:20.694
department powa for being so
cooperative in this whole
process.
I do think we have a model that

03:24:21.830 --> 03:24:24.264
works because our police
department and our police
officers care about oversight

03:24:26.134 --> 03:24:27.968
and care about accountability
and work well with our ipa when

03:24:29.304 --> 03:24:31.472
the ippei office is functioning
well.

03:24:34.420 --> 03:24:35.909
>> so I want to appreciate
everybody in this part of this

03:24:38.246 --> 03:24:41.810
process and you know, talking
to me about in talking to all
of us about it and helping us

03:24:41.115 --> 03:24:43.717
kind of get to a point where I
think we can feel comfortable
that we have a process that can

03:24:45.187 --> 03:24:47.187
work if it's resourced

03:24:48.656 --> 03:24:50.524
adequately and then we can move
forward with with with with

03:24:52.894 --> 03:24:54.628
figuring out how to you know,
how to make maybe adjust the

03:24:56.398 --> 03:24:58.366
policies, procedures, manuals
and things that we need to make

03:25:00.536 --> 03:25:03.139
sure it does continue to work.
So even though I again like
councilmember I was on the

03:25:03.139 --> 03:25:05.440
memo I thought it made sense
for us to sort of keep think

03:25:05.440 --> 03:25:07.375
about it the longer I'm happy
to support the motion on the

03:25:07.910 --> 03:25:10.611
floor and allow us to move
forward from here.
>> great.

03:25:12.281 --> 03:25:14.182
Thank you councilmember and I
think great comments for us to
wrap up on.

03:25:15.751 --> 03:25:18.152
Good summary.
I also want to thank everybody
has been engaged in this

03:25:19.889 --> 03:25:22.290
conversation now for quite a
few years including city
manager's office.

03:25:24.159 --> 03:25:26.661
I know karen, you're newer to
the role but I think you've
really helped give us quite a

03:25:27.763 --> 03:25:30.310
bit of insight into how the
process works and where we can
optimize it.

03:25:31.801 --> 03:25:33.902
Also want to thank the
department and our bargaining

03:25:35.838 --> 03:25:37.838
unit the poa for engaging in a

03:25:39.842 --> 03:25:42.210
robust conversation about how
we continue to improve how we
how we carry out these

03:25:44.790 --> 03:25:46.790
investigations and maintain

03:25:47.349 --> 03:25:49.284
public public trust in the
process and the department I

03:25:51.354 --> 03:25:53.354
think we have exhausted all

03:26:02.431 --> 03:26:04.599
of the comments and questions.
>> so toni, let's vote.

03:26:09.606 --> 03:26:11.608
>> I'm still waiting on one
vote.
>> I'm still waiting on one

03:26:11.608 --> 03:26:13.608
vote.

03:26:14.477 --> 03:26:16.477
There we go.

03:26:18.248 --> 03:26:19.848
We got eight motion passes with
havanas and tories voting no.

03:26:22.520 --> 03:26:24.520
All right.

03:26:25.521 --> 03:26:27.521
We thank you.

03:26:29.426 --> 03:26:31.894
Thank you all.
>> ok, we are on to item six
point one long term renewable

03:26:32.962 --> 03:26:35.197
energy agreement with sun pond.
There is no staff
recommendation as I understand

03:26:35.298 --> 03:26:37.298
it.

03:26:39.469 --> 03:26:41.469
So we will go to public comment

03:26:42.606 --> 03:26:44.606
first.

03:26:46.710 --> 03:26:48.878
I have no cards or hands.
>> ok, back to the council
colleagues.

03:26:50.470 --> 03:26:52.470
Do we have any comments,

03:26:56.653 --> 03:26:58.788
questions or a on item six
point one vice mayor?

03:26:58.788 --> 03:27:00.788
>> yeah, I just want to say

03:27:01.391 --> 03:27:03.391
that I had a great opportunity

03:27:03.660 --> 03:27:05.595
to meet with staff and I'd like
to move approval so I can
great.

03:27:07.264 --> 03:27:09.264
>> thank you.

03:27:15.105 --> 03:27:16.705
Could not their hands let's
vote motion passes unanimously

03:27:18.675 --> 03:27:21.177
great.
>> thank you.
fadem seven point one putrefy

03:27:23.113 --> 03:27:25.113
rsj neighborhood blight

03:27:26.317 --> 03:27:28.452
reduction status report one
of my favorite topics as is our
senior staff is going to

03:27:28.452 --> 03:27:30.787
interview yes I'm going to kick
it off.

03:27:31.540 --> 03:27:32.822
>> sure.
I just want to say a few words

03:27:33.557 --> 03:27:35.825
as they're getting in and
getting ready.

03:27:37.494 --> 03:27:39.795
As you know the city has a long
history and commitment to
beautification and blight

03:27:40.932 --> 03:27:42.565
reduction efforts since the
early 1980s when graffiti

03:27:44.935 --> 03:27:46.770
removal efforts started six
years ago with the launch

03:27:48.939 --> 03:27:51.241
of the beautify s.J initiative,
the city recommitted itself to
galvanizing volunteers and

03:27:52.776 --> 03:27:54.544
neighborhood leaders to be a
part of the solution for

03:27:55.947 --> 03:27:58.214
keeping our city clean through
the years and today with the
city council's strategic

03:27:59.584 --> 03:28:01.517
investment in the last two
fiscal years, the blight

03:28:03.587 --> 03:28:05.422
reduction team has grown to
forty four full time staff with

03:28:06.791 --> 03:28:09.125
several vendors and partners
all dedicated to enhancing the
cleanliness of our streets,

03:28:11.195 --> 03:28:13.630
neighborhoods and waterways.
I'm very proud of our many

03:28:15.734 --> 03:28:18.235
departments and their staff who
with our inner jurisdiction
partners address trash dumping

03:28:20.400 --> 03:28:21.572
and graffiti through prevention
eradication and enforcement

03:28:23.707 --> 03:28:25.642
efforts.
Today we are going to focus on

03:28:27.120 --> 03:28:29.613
those blight concerns and we're
not going to be reporting on
encampment services today which

03:28:31.483 --> 03:28:33.683
will come to the council more
comprehensivel in the spring.

03:28:35.453 --> 03:28:37.187
Now I'd like to turn it over to
john ciarelli, our fearless

03:28:39.357 --> 03:28:41.759
prns leader and the pianist
beautify sjt who lead and
coordinate citywide cleanliness

03:28:42.994 --> 03:28:44.961
efforts to review last year's
accomplishment.

03:28:47.231 --> 03:28:49.600
>> thank you all you're john.
Thank you.
City manager john sensorially,

03:28:50.869 --> 03:28:52.904
director of parks recreation
services neighborhood services
.

03:28:52.904 --> 03:28:54.904
Next to me is andreyev for

03:28:55.400 --> 03:28:56.873
shelton, our deputy director
over community services.

03:28:59.277 --> 03:29:01.411
Philip williams, our beautiful
rsj division manager and ed
ramirez, our supervising

03:29:02.947 --> 03:29:05.916
environmental services
specialist.
As the city manager said, we're

03:29:06.170 --> 03:29:08.518
here to talk to you about our
blak program.
So that's graffiti illegal

03:29:10.488 --> 03:29:11.956
dumping neighborhood community
cleanups, those sorts

03:29:13.892 --> 03:29:16.693
of things.
It's not cleaning up and
cartman's are doing abatements

03:29:18.430 --> 03:29:20.197
as she said will be back in the
spring for those with that we

03:29:21.766 --> 03:29:24.435
will talk about the last year
and what our accomplishments
are and what we're heading for

03:29:26.438 --> 03:29:29.106
in the future.
>> good evening, everyone.
Mayor, council members and

03:29:30.675 --> 03:29:32.843
members of the public my name
is olympe williams and I'm the
beautify sj division manager

03:29:34.546 --> 03:29:36.381
the beautiful yes.
Neighborhood bike program team

03:29:38.417 --> 03:29:40.510
continues to increase services
and make strides towards

03:29:42.254 --> 03:29:43.855
beautifying our city by
eradicating blight while a new

03:29:45.858 --> 03:29:48.593
program program structure has
better aligned and consolidate
programs to address blight.

03:29:50.329 --> 03:29:52.630
The program has an opportunity
to continue to increase

03:29:54.232 --> 03:29:55.800
effectiveness by utilizing the
comprehensive three approach

03:29:58.337 --> 03:30:00.104
that includes education,
eradication and enforcement.

03:30:02.241 --> 03:30:04.800
This best practice model is
used by several large cities

03:30:05.777 --> 03:30:08.460
within the state of california
and throughout the nation to
combat blight and improve

03:30:09.281 --> 03:30:11.749
neighborhood livability and
quality of life in the three
e's model, the education

03:30:13.620 --> 03:30:15.354
component helps to increase
pride in one city reduces

03:30:25.264 --> 03:30:27.600
blight by educating residents
on how to address and
combat blight and therefore
reduce the need for increased

03:30:27.600 --> 03:30:29.802
eradication efforts.
The enforcement component
serves to also help reduce the

03:30:29.802 --> 03:30:31.436
need for eradication by holding
those that would illegally dump

03:30:33.172 --> 03:30:35.240
or graffiti taggers accountable
for their actions.

03:30:36.676 --> 03:30:39.110
This model uses a more balanced
approach to delivering blight
reduction and beautification

03:30:40.313 --> 03:30:42.147
services.
Currently ninety nine percent

03:30:44.160 --> 03:30:45.517
of all budgeted funds for
beautify sj are directed

03:30:48.210 --> 03:30:50.823
towards eradication.
To put it simply, the bsg team
has mastered the art of picking

03:30:52.591 --> 03:30:54.591
up trash and painting over

03:30:56.696 --> 03:30:58.263
graffiti knowing the importance
of education efforts in the

03:31:00.199 --> 03:31:02.101
fight against blight, bsg
launched the bsa proud campaign

03:31:03.836 --> 03:31:05.904
one time funding in the twenty
two twenty three budget allow

03:31:07.173 --> 03:31:09.341
the bsa proud campaign to reach
nearly one million impressions
through a multilingual

03:31:12.245 --> 03:31:13.946
education and outreach plan
that use both traditional and

03:31:15.815 --> 03:31:18.840
digital media platforms to
build awareness of neighborhood
blight reduction programs

03:31:19.352 --> 03:31:21.720
including graffiti removal,
anti litter efforts,
neighborhood beautification

03:31:23.256 --> 03:31:26.225
efforts and illegal dumping
removal.
The billboards seen here was in

03:31:27.360 --> 03:31:30.195
the first phase of the campaign
launch.
I would now like to turn it

03:31:31.331 --> 03:31:33.232
over to ed ramirez who will
discuss eradication and

03:31:35.201 --> 03:31:37.570
enforcement efforts here in
council.
The beautifies the neighborhood

03:31:39.239 --> 03:31:40.907
blight reduction programs
implemented strategies to

03:31:42.943 --> 03:31:45.544
improve eradication efforts and
their response to reported
issues of blight as well as

03:31:47.180 --> 03:31:49.150
proactive monitoring and
removal within neighborhoods.

03:31:51.385 --> 03:31:53.119
>> these efforts have resulted
in the following the graffiti

03:31:54.889 --> 03:31:56.622
removal program removed over
two point million square feet

03:31:58.693 --> 03:32:00.827
of graffiti citywide a 14
percent increase in the past
year.

03:32:02.830 --> 03:32:04.564
Our engagement strategies led
to an increase in volunteer

03:32:06.333 --> 03:32:08.670
service hours resulting in the
collection of over twenty

03:32:10.137 --> 03:32:11.905
thousand bags of trash and
debris collecting over nine and

03:32:13.730 --> 03:32:15.508
thirty six thousand pounds.
These service hours are
extremely valuable contribution

03:32:18.813 --> 03:32:20.813
to the program's eradication

03:32:21.281 --> 03:32:23.650
efforts as a volunteer hour in
california is currently valued
at thirty one dollars and

03:32:25.850 --> 03:32:26.719
eighty cents per hour.
The neighborhood blight

03:32:29.323 --> 03:32:31.124
reduction programs removed
approximately nine point four

03:32:33.294 --> 03:32:35.896
million pounds of trash and
debris citywide.
This included over seven

03:32:37.698 --> 03:32:39.833
million pounds of trash and
debris collected by the rapid
team.

03:32:41.602 --> 03:32:43.903
forty five percent of overall
incidents were completed
through proactive monitoring,

03:32:45.740 --> 03:32:47.474
which is nearly double the
efforts from the previous year.

03:32:49.444 --> 03:32:51.511
These are illegal dumping
incidents not reported with the

03:32:53.470 --> 03:32:55.582
san jose three one one at the
dumpster deprogramming
increased the overall number

03:32:56.618 --> 03:32:58.218
of hosted events from eighty
three in the previous year to

03:33:00.121 --> 03:33:02.456
96.
The dump city program also
implemented proactive cleanups

03:33:04.325 --> 03:33:06.660
of the participating
neighborhoods to collect
illegal dumping following each

03:33:08.963 --> 03:33:10.798
event.
This contribute to two point

03:33:15.436 --> 03:33:17.337
one million pounds of debris
collected by the program to

03:33:19.741 --> 03:33:21.675
beautify san jose program is
appreciative of all key

03:33:23.645 --> 03:33:25.479
partnerships and we are in
constant communication with

03:33:27.415 --> 03:33:29.182
partners to address black
concerns beautifies san jose

03:33:31.319 --> 03:33:33.387
works closely with caltrans
union pacific railroad valley

03:33:34.356 --> 03:33:36.900
water and the county of santa
clara as well as three

03:33:38.460 --> 03:33:40.600
community based organizations
focused on the cleanup of our

03:33:42.363 --> 03:33:44.980
waterways.
>> in addition to the bsa

03:33:46.901 --> 03:33:48.503
campaign, the beautifies
program had just two staff

03:33:50.472 --> 03:33:52.240
dedicated to education efforts
in 2002.

03:33:54.209 --> 03:33:56.610
Twenty three this staff engaged
with over six thousand students
across forty four schools

03:33:58.747 --> 03:34:00.481
focusing on kindergarten
through eighth grade age

03:34:01.550 --> 03:34:04.351
levels, introducing steps to
prevent blight in the
communities and how to report
it.

03:34:05.521 --> 03:34:07.155
Their efforts also included
eighty-seven presentations

03:34:09.724 --> 03:34:11.359
at neighborhoo association
meetings citywide and by

03:34:14.130 --> 03:34:15.864
attending thirty eight resource
fairs in regards to enforcement

03:34:17.500 --> 03:34:19.234
beautifies san it continues to
work with code enforcement by

03:34:21.504 --> 03:34:24.500
vetting and forwarding evidence
submitted by the public.
The program continue to

03:34:25.574 --> 03:34:27.241
implement the use of deterrents
such as surveillance cameras

03:34:29.211 --> 03:34:31.479
and no illegal dumping.
Signage had identified hotspots
citywide.

03:34:34.490 --> 03:34:36.117
The program bolstered deterrent
efforts this year by adding new
methods such as the

03:34:37.853 --> 03:34:39.520
installation of bollards,
boulders and solar powered

03:34:41.456 --> 03:34:43.240
motion sensor lighting where
applicable moving forward

03:34:45.795 --> 03:34:47.963
beautification and landscaping
methods will be a part of the
deterrence strategy against

03:34:51.467 --> 03:34:53.501
illegal dumping citywide and
through the clean waste pilot

03:34:55.872 --> 03:34:58.707
for twenty two four twenty
three twenty four.
There are three key programs

03:34:59.642 --> 03:35:01.376
that will be adding to further
supplement our neighborhood

03:35:02.845 --> 03:35:05.647
engagement and beautification
efforts and blight reduction.
The first of these programs is

03:35:08.117 --> 03:35:09.718
beautify your block which is a
pilot program that will focus

03:35:11.821 --> 03:35:14.220
on neighborhood engagement.
This program will focus on
engaging with neighborhood

03:35:15.558 --> 03:35:17.759
associations and groups to
implement strategies to
increase participation and

03:35:19.896 --> 03:35:21.664
cleanup efforts, provide
workshops to educate

03:35:23.432 --> 03:35:25.567
neighborhoods on how to access
city service work to strengthen
neighborhood association

03:35:27.136 --> 03:35:28.870
participation and support
implementation of the beautify

03:35:31.174 --> 03:35:32.808
s.J neighborhood grants our
clean gateways pilot is really

03:35:35.512 --> 03:35:38.470
focused on beautifying our
gateway areas in corridors that
lead into key city areas such

03:35:39.148 --> 03:35:40.783
as the downtown.
This program will use

03:35:42.552 --> 03:35:45.187
beautification strategy as the
main deterrent to work on
residents and guests into our

03:35:47.123 --> 03:35:48.991
main gateway areas instead
of always using think about

03:35:50.760 --> 03:35:53.129
bollards or fencing, we want to
use decorative bolger's for
strategic plantings to reduce

03:35:53.396 --> 03:35:55.396
illegal dumping and access to

03:35:57.735 --> 03:36:00.369
areas that are typically
graffiti.
I would like to take this

03:36:01.538 --> 03:36:03.940
opportunity to thank those who
are essential in the success
of this program.

03:36:05.509 --> 03:36:07.443
First beautify sj would not be
successful without great

03:36:09.613 --> 03:36:11.447
leaders angel rios sister reli
annual move roadblocks which

03:36:12.716 --> 03:36:15.518
allows the team to concentrate
on delivering results and
ramirez in sochi is ensure that

03:36:16.886 --> 03:36:18.621
our teams on the ground have
what they need to best serve

03:36:20.390 --> 03:36:22.425
our residents daily.
My boss andrea applause shelton

03:36:24.528 --> 03:36:26.896
not only has a leadership style
that has allowed us to thrive
but her deep commitment to

03:36:28.498 --> 03:36:30.568
serving our residents and
increasing quality of life in
our neighborhoods has led to

03:36:30.568 --> 03:36:32.568
these an increase in our

03:36:32.569 --> 03:36:34.537
services.
Mayor matt has continued to be

03:36:36.106 --> 03:36:37.740
a champion for beautify sj and
combating our council members

03:36:39.843 --> 03:36:42.312
and their staff have really
helped us to amplify efforts
and reach into communities

03:36:43.847 --> 03:36:45.482
throughout the city to fight
blight neighborhood business

03:36:48.520 --> 03:36:50.654
associations litter volunteers
and partner organizations and
group groups.

03:36:52.189 --> 03:36:54.156
I am in all of your continued
volunteerism to make san jose

03:36:56.940 --> 03:36:57.860
clean and beautiful and to
my bsg team my band of greek

03:36:59.730 --> 03:37:01.998
argonauts I appreciate the work
you do each day to beautify
san jose.

03:37:04.101 --> 03:37:06.102
None of this would be possible
without you with that we are
ready for questions.

03:37:07.939 --> 03:37:10.374
>> great.
Thank you.
Just before we go to public

03:37:10.374 --> 03:37:12.877
comment I just want to add
my thanks.

03:37:12.877 --> 03:37:14.877
I joked one of my favorite

03:37:15.646 --> 03:37:18.448
topics but really I am
extremely grateful to our staff
for the great work you all do

03:37:20.218 --> 03:37:21.918
and it's been a privilege to
partner with now I think each

03:37:23.288 --> 03:37:25.550
of my council colleagues
at least once although I think

03:37:26.724 --> 03:37:29.392
councilmember and I hold
the record for eight thus far
in district five together but

03:37:31.896 --> 03:37:33.630
every saturday morning you will
find some of my team and I out

03:37:35.000 --> 03:37:37.670
and more importantly a lot
of volunteers out cleaning up

03:37:39.237 --> 03:37:41.405
the city and I know that's just
a subset of what our team is
facilitating through partners

03:37:43.740 --> 03:37:45.142
across the city.
It's been very impressive and

03:37:46.678 --> 03:37:49.146
it's great to see the the
broadening of civic
participation that we have

03:37:50.915 --> 03:37:52.482
rebounded and then gone beyond
over twelve thousand nearly

03:37:54.619 --> 03:37:56.487
thirteen thousand individuals
who have come out in

03:37:58.656 --> 03:38:01.359
participated in one or another
clean up road beautification
activity also just have to give

03:38:02.928 --> 03:38:04.861
a shout out to the nonprofits
who we partner with.

03:38:07.265 --> 03:38:08.932
You mentioned the clean creeks
coalition keep kyra creek

03:38:11.200 --> 03:38:13.170
beautiful trash parks and many
other groups out there just do

03:38:14.305 --> 03:38:16.475
a tremendous job so I could
go on and on.
>> but let's hear from the

03:38:16.475 --> 03:38:18.475
public.

03:38:32.324 --> 03:38:34.292
Toni, do we have any comments?
Yes, sean and jordan I just

03:38:36.361 --> 03:38:38.361
wanted to address so this is

03:38:40.131 --> 03:38:42.500
the sweep's department and we
used to have meetings all the
time between the housing

03:38:44.470 --> 03:38:46.300
department and the sweep's
department and the swedish

03:38:48.274 --> 03:38:50.675
department got their feelings
hurt and stopped having these
meetings with us and we've

03:38:52.244 --> 03:38:53.878
talked to housing and housing
seems some animals are having

03:38:54.847 --> 03:38:56.982
these meetings and the meetings
were great because it was
what's going on?

03:38:56.982 --> 03:38:58.550
What are we seeing on the
streets?

03:38:59.651 --> 03:39:02.200
What do you see on the streets?
What do you sing on the streets
?

03:39:03.389 --> 03:39:05.256
And we would we would be told,
hey, there's a sweep coming up

03:39:07.693 --> 03:39:09.661
here and then we go to your
area and say hey, you guys are

03:39:10.930 --> 03:39:13.266
about to get swabs, how can we
help that ended up and then it
was just we don't talk to you

03:39:13.266 --> 03:39:15.969
anymore.
Our feelings got hurt and the

03:39:15.969 --> 03:39:17.502
meetings ended.
It would be great if those

03:39:18.972 --> 03:39:20.739
meetings started again.
It was all the advocates and

03:39:22.775 --> 03:39:25.477
the sweep's department and the
housing department and now
there's no communication and

03:39:26.212 --> 03:39:29.800
that just seems a little bit
ridiculous.
If we would all talk to each

03:39:30.160 --> 03:39:32.684
other it would help the people
that we're trying to serve the
most which are the people who

03:39:33.686 --> 03:39:35.520
are outside.
So if it would go back to

03:39:37.890 --> 03:39:39.926
having those meetings with
advocates beautify and housing

03:39:39.926 --> 03:39:42.228
,I think that would really,
really help the people who are

03:39:42.228 --> 03:39:44.830
out there.
>> we would be able to tell
people, ok, you're going to get

03:39:45.965 --> 03:39:48.300
swept.
How we help how can we help
move you?

03:39:49.435 --> 03:39:51.370
>> how can we help talk him
into a tiny whatever it might

03:39:53.439 --> 03:39:55.206
be instead of now it's just you
find out about sweep when you

03:39:55.942 --> 03:39:58.643
somebody calls you or you
happen to run into an area and
stuff like that.

03:39:59.646 --> 03:40:01.580
So it would be much better if
it went back to the other way

03:40:04.650 --> 03:40:06.418
and that would be nice.
>> um, I there are different

03:40:08.154 --> 03:40:09.655
stories of whether people are
being swept humanely or

03:40:10.857 --> 03:40:12.457
inhumanely.
That's going to be an ongoing

03:40:15.950 --> 03:40:17.597
issue forever.
But it was done a lot better
when it was previously under

03:40:19.132 --> 03:40:20.900
somebody who had a better
relationship with people and

03:40:23.170 --> 03:40:25.837
treated them nicer and always
had time to talk to people.
But it would be great if we

03:40:26.773 --> 03:40:29.274
could get those meetings
started again a lot more
collaboration.

03:40:30.109 --> 03:40:31.744
>> I think that would be a
better way to go about things.

03:40:34.515 --> 03:40:36.515
Thank you.

03:40:38.218 --> 03:40:39.952
Next speaker jordan muldrow
district three I just wanted to

03:40:41.822 --> 03:40:43.690
thank beautifies sj and the
city council and the mayor for

03:40:45.158 --> 03:40:46.993
engaging with the residents
of san jose to you know, work

03:40:49.463 --> 03:40:51.197
together with staff to help
clean up the city and thanks to

03:40:53.601 --> 03:40:55.335
beautify san jose who brought
the free trash pickers to the

03:40:57.304 --> 03:40:59.339
state of the city event.
I brought mine to clean out

03:41:01.208 --> 03:41:03.843
that bernell park a few weeks
ago with councilmember torres.
If you guys have any leftover

03:41:04.779 --> 03:41:06.645
trash pickers I think it'd be
great to bring them to more

03:41:08.248 --> 03:41:10.820
city events to give them out to
more people or perhaps

03:41:11.852 --> 03:41:14.421
proactively reaching out to the
various neighborhood
associations to make sure that

03:41:17.910 --> 03:41:18.858
each neighborhood association
has a few on hand so that they

03:41:20.227 --> 03:41:22.629
can run their own events
without coordinating events
with the city.

03:41:24.299 --> 03:41:27.670
>> I don't know exactly how
they adopt the program works
but I got the impression from

03:41:28.770 --> 03:41:30.770
the event that they have to

03:41:32.390 --> 03:41:34.207
arrangement vance for the green
trash pickers and the trash
bags.

03:41:36.430 --> 03:41:37.911
But if the neighborhood
association already had some

03:41:39.547 --> 03:41:41.315
their orange beautify sj trash
pickers on hands they whenever

03:41:43.685 --> 03:41:46.186
they want more people could
just volunteer to pick them up
from a community center and

03:41:47.955 --> 03:41:49.955
go walk around on their own.

03:41:50.910 --> 03:41:51.725
So consider giving out more
trash pickers.

03:42:00.701 --> 03:42:02.769
>> that's all.
Thank you, gail.
>> hi.

03:42:05.273 --> 03:42:06.840
Good evening dale.
I'm just calling in support

03:42:08.943 --> 03:42:10.943
of unified salvaje.

03:42:12.113 --> 03:42:14.248
I have been to hundreds
of abatement and cleanup and

03:42:16.117 --> 03:42:18.117
staff members have been so

03:42:20.188 --> 03:42:22.188
respectful and to myself and

03:42:24.590 --> 03:42:26.293
I'm an old and to be upheld
most of the problems come from

03:42:27.228 --> 03:42:29.196
tucker but we need to find
my staff.

03:42:31.366 --> 03:42:33.433
The people are ready to move.
they have helped him.

03:42:34.570 --> 03:42:36.704
They have helped them put their
belonging together.

03:42:39.775 --> 03:42:41.775
So I'm really in support

03:42:42.344 --> 03:42:44.845
of unified not like some people
but I've seen them cap
wonderful.

03:42:48.160 --> 03:42:50.160
I want to comment on the public

03:42:50.586 --> 03:42:52.586
record company about radio.

03:42:54.889 --> 03:42:56.924
My councilperson MR.
Councilmember was

03:42:59.327 --> 03:43:01.610
out there on the little radio
DR. Kampai they said there's a

03:43:02.798 --> 03:43:04.798
stretch of home and two

03:43:07.168 --> 03:43:08.770
thousand people not to this
camp on radio you can eat off

03:43:10.572 --> 03:43:12.340
the dirt.
It's so clean and beautiful I

03:43:15.844 --> 03:43:17.612
come by once a week.
The bags yes I do live by the

03:43:18.381 --> 03:43:20.314
track but there's a chance it's
not going to it's not hurting

03:43:22.284 --> 03:43:24.219
anybody and but there's no way
out really.

03:43:26.488 --> 03:43:28.488
There's nobody goes out there

03:43:29.257 --> 03:43:31.192
and offer them services or
housing and or to alternative

03:43:33.362 --> 03:43:35.296
so that there's no outreach
efforts going out.

03:43:37.866 --> 03:43:39.866
Some people have got housing

03:43:41.236 --> 03:43:43.710
for another woman that has been
very involved out there and

03:43:45.541 --> 03:43:47.275
also this group has been
together for a long time

03:43:49.645 --> 03:43:51.645
differing opinions and I've

03:43:52.548 --> 03:43:54.382
been with them ever since.
Also they've been able to find

03:43:57.287 --> 03:43:59.287
they've been together like I've

03:44:00.356 --> 03:44:02.724
said many times that the family
and other people have right to
counsel.
>> great.

03:44:02.892 --> 03:44:04.892
Thank you.

03:44:05.227 --> 03:44:07.227
And just before I turn to

03:44:08.597 --> 03:44:11.990
my colleagues, I wanted to just
make one point ask one
question.

03:44:12.869 --> 03:44:14.869
>> so I think we've really

03:44:16.472 --> 03:44:19.341
developed some great processes
and now have staff capacity
eradication as was noted, we

03:44:20.910 --> 03:44:23.212
can always do better but I
think we're getting better
better through on one's getting

03:44:24.280 --> 03:44:26.949
better.
Residents are taking advantage
of the services we provide.

03:44:27.484 --> 03:44:30.285
I'm feeling really good about
that.
>> glad to see we're starting

03:44:31.955 --> 03:44:33.722
to invest more in education
though I would really encourage

03:44:35.458 --> 03:44:37.426
us to make sure that we're
using evidence based approaches

03:44:39.796 --> 03:44:41.664
and that we have some some
actual field research out there

03:44:42.399 --> 03:44:45.234
to indicate that as we spend
more and more dollars there
that we're reaching the people

03:44:46.503 --> 03:44:48.671
we need to reach and that it's
actually likely to change
behavior.

03:44:50.607 --> 03:44:52.607
>> I frankly have some

03:44:54.687 --> 03:44:56.449
skepticism that the billboards
are going to do that but I
think it's worth it's worth a
try.
>> I understand the importance

03:44:58.849 --> 03:45:01.170
of setting expectations,
creating a culture, et cetera,

03:45:02.786 --> 03:45:04.420
but just would love to know if
there is evidence based

03:45:06.189 --> 03:45:08.158
research out there to support
the methods we're using the

03:45:09.526 --> 03:45:11.828
question I haven't all started
with a comment is it feels to
me that we have really

03:45:14.298 --> 03:45:16.332
underdeveloped and under
invested in the enforcement

03:45:18.402 --> 03:45:20.570
piece and obviously we want to
do that thoughtfully but the

03:45:21.706 --> 03:45:23.706
truth is we have a small number

03:45:25.676 --> 03:45:27.244
of bad actors out there who are
engaging in a level of very

03:45:29.480 --> 03:45:31.447
intentional lawbreaking that
harms our community from

03:45:34.318 --> 03:45:36.850
illegal dumping to avoid
typically avoid doing the right

03:45:37.755 --> 03:45:39.589
thing and going down to the
dump even for haulers who have

03:45:41.725 --> 03:45:43.660
made a business out
of basically working around the

03:45:44.595 --> 03:45:46.330
system and not doing disposing
of their materials properly

03:45:49.434 --> 03:45:52.350
repeat graffiti artists who
have taken it to a point
of endangering public safety by

03:45:53.371 --> 03:45:55.104
covering up signs and doing
hundreds of thousands

03:45:56.574 --> 03:45:58.608
of dollars worth of damage.
>> and I guess I just want to

03:46:00.411 --> 03:46:02.446
make the point and then and
then ask you all to comment on
where do you see the greatest

03:46:02.446 --> 03:46:04.446
opportunities.

03:46:04.816 --> 03:46:06.783
I know we're having some
offline conversations caltrans

03:46:08.853 --> 03:46:10.453
and chp and pd and others but
where do you see the greatest

03:46:12.557 --> 03:46:14.490
opportunities for this council
to support target enforcement

03:46:17.228 --> 03:46:18.896
strategies that particularly on
graffiti and illegal dumping

03:46:21.990 --> 03:46:23.166
can ensure that we're not
creating a moral hazard around
investing so much in

03:46:24.636 --> 03:46:26.770
eradication that we're just
cleaning up after bad actors

03:46:28.539 --> 03:46:30.707
who are taking advantage of our
community.

03:46:33.100 --> 03:46:35.100
>> so I'll start I'd like to

03:46:36.714 --> 03:46:39.416
remind people up until about
twenty eighteen sixteen we used
to have a sergeant in officers

03:46:39.985 --> 03:46:42.686
that were assigned to the
graffiti program.
We used to have an average

03:46:44.456 --> 03:46:46.223
of about 600000 square feet
of graffiti a year or so to put

03:46:47.892 --> 03:46:50.527
that in context or two point
nine million square feet I can
tell you best practices with

03:46:51.863 --> 03:46:53.998
all of the large cities and
counties around.
They have a couple of things.

03:46:53.998 --> 03:46:56.834
They have dedicated
code officers.
They have someone who's
investigating illegal dumping

03:46:58.637 --> 03:47:01.238
following up.
they have the da's office
community prosecutors who will

03:47:03.108 --> 03:47:05.243
make sure that people get a
fine or they have to do some
type of restitution and

03:47:06.945 --> 03:47:09.546
volunteer service.
Same thing with graffiti.
They have dedicated officers

03:47:11.820 --> 03:47:14.510
that say this is the night
we're going to go out and look
for taggers.
When we get someone we hold

03:47:15.387 --> 03:47:17.221
them accountable whether it's
restitution or doing some type

03:47:18.757 --> 03:47:21.592
of volunteer service to pay the
restitution.
Those are the things that we

03:47:22.961 --> 03:47:25.296
just don't have built into our
model at this time.
Can you comment on use

03:47:26.131 --> 03:47:28.733
of cameras?
I saw just eight in the in the
presentation which seemed like

03:47:30.690 --> 03:47:32.904
a very small number so I'll
start with that.
We have eight cameras around

03:47:34.272 --> 03:47:36.600
the city and when we do find
someone who has illegally

03:47:37.676 --> 03:47:40.345
dumped we take that video,
go through it and make sure we
get it over to our

03:47:42.113 --> 03:47:44.315
code enforceme department who
actually does the citation.

03:47:46.452 --> 03:47:48.320
I do like to tell folks that
people are very smart because

03:47:49.254 --> 03:47:52.890
even when we have a camera
people often cover up the
license plate because we have a

03:47:53.250 --> 03:47:55.161
camera on a license plate
reader.
Right.

03:47:55.161 --> 03:47:57.161
They'll cover up the side

03:47:57.296 --> 03:47:59.865
of the doors if they have any
kind of business name on there.
So what we typically find is

03:48:01.300 --> 03:48:03.902
the person is dumped.
We know exactly where we go,
pick up the debris but we don't

03:48:05.370 --> 03:48:07.339
have much else.
>> yeah, ok.
well appreciate you

03:48:09.308 --> 03:48:10.942
highlighting a few things that
we're seeing dhs, pds, others

03:48:13.346 --> 03:48:14.979
do in other cities.
I look forward to continuing

03:48:15.982 --> 03:48:18.150
this conversation as we get
into the budget cycle next year
.

03:48:18.150 --> 03:48:20.150
I think we are going to need to

03:48:20.319 --> 03:48:22.187
invest more in enforcement to
hold people accountable so that

03:48:24.357 --> 03:48:26.124
we don't have to continue to
see usage and cost escalation

03:48:28.940 --> 03:48:30.896
in the double digits every year
on the eradication front once
again I want to thank staff,

03:48:31.464 --> 03:48:33.965
our partners, all of my
colleagues who really rolled up
their sleeves and been working

03:48:35.101 --> 03:48:37.536
to eradicate blight in their
districts.
And also I want to thank

03:48:39.306 --> 03:48:41.606
council members candelas and
ortiz for the group memo let
them speak to that but

03:48:42.942 --> 03:48:45.177
appreciated collaborating with
them on that.

03:48:45.845 --> 03:48:47.646
>> so let me go to
councilmember.

03:48:50.150 --> 03:48:52.384
Thank you, mayor.
Appreciate your comments.

03:48:54.888 --> 03:48:56.888
I also want to share a deep

03:48:57.958 --> 03:49:00.692
gratitude and thank you to the
staff of beautify sj for the
important work that you do

03:49:02.462 --> 03:49:04.462
every day but also the great

03:49:06.320 --> 03:49:08.500
report on a major quality
of life issue that is impacting
our city.

03:49:10.103 --> 03:49:11.904
>> the work of the beautifies
team is incredibly impactful

03:49:14.274 --> 03:49:16.241
and residents report that
interaction's with the teams

03:49:18.378 --> 03:49:20.412
are among the most positive
especially at dumpster days or

03:49:22.482 --> 03:49:24.482
one of our eight cleanups that

03:49:24.952 --> 03:49:26.752
I've done with the mayor and
the caltrain freeway cleanup's

03:49:29.356 --> 03:49:31.900
and my team also appreciates
the support that one of our

03:49:40.567 --> 03:49:43.336
monthly cleanups or helping to
address those hotspots
of illegal dumping in east

03:49:43.336 --> 03:49:45.706
san jose to that end I was
happy to work with the mayor
and councilmember candelas to
put forward our memmo which

03:49:45.706 --> 03:49:48.400
moves us in a direction
of collaborati
>> far too often we're stuck

03:49:49.709 --> 03:49:51.709
pointing fingers about whose

03:49:52.790 --> 03:49:54.113
job it is to address blight in
our neighborhoods.

03:49:56.317 --> 03:49:57.950
Is it the city, the county
caltrans vta though ultimately

03:50:00.120 --> 03:50:02.422
our residents don't care whose
job it is right.

03:50:03.691 --> 03:50:05.291
>> all they want to do is live
in a clean and beautiful city

03:50:07.728 --> 03:50:09.562
and short.
Our memo is about breaking down

03:50:11.632 --> 03:50:13.566
silos in government and finding
the space for partnerships

03:50:15.102 --> 03:50:17.837
because ultimately we all serve
the same residents.
>> taking it back to the report

03:50:19.206 --> 03:50:20.940
I really appreciate the move
towards a proactive approach

03:50:22.710 --> 03:50:25.478
especially in those areas
of our city where neighbors are
doing their due diligence and

03:50:27.581 --> 03:50:29.149
reporting and even trying to
catch illegal dumpers in the

03:50:30.985 --> 03:50:32.853
act.
>> I asked this question during

03:50:35.550 --> 03:50:36.689
the nsc meeting and think it
MAY be a value for a greater

03:50:38.860 --> 03:50:40.793
council to hear especially
considering the recent news

03:50:41.829 --> 03:50:43.763
article which raised the
question of is our program

03:50:45.933 --> 03:50:47.933
contributing to a culture

03:50:50.104 --> 03:50:51.939
of more illegal dumping quote
unquote in terms of education?

03:50:53.908 --> 03:50:55.842
Have we considered the
installation of signage that

03:50:58.413 --> 03:51:00.380
teaches folks that there are
options instead of just illegal

03:51:02.551 --> 03:51:05.218
dumping in for example not to
be prescriptive but I could
picture some sort of signage

03:51:05.753 --> 03:51:07.753
with the qr code to download

03:51:09.457 --> 03:51:11.457
three and one or have the

03:51:16.931 --> 03:51:18.931
number on on the signage of how

03:51:20.301 --> 03:51:22.637
to get the junk picked up.
Thank you councilmember ortiz
for your support in your

03:51:25.640 --> 03:51:27.607
question.
Yeah, what we do want to

03:51:29.544 --> 03:51:31.544
consider based on your feedback

03:51:32.947 --> 03:51:35.516
at committee as we look at our
remaining deterrent budget and
look at different strategies

03:51:37.586 --> 03:51:39.586
always looking for innovative

03:51:40.488 --> 03:51:42.488
creative ways to get the word

03:51:43.959 --> 03:51:45.793
out and also through our proud
campaign how can we ensure

03:51:48.864 --> 03:51:51.332
whether it's in our
multilingual way or through
technology through the qr

03:51:52.801 --> 03:51:54.801
code that we're driving people

03:51:56.271 --> 03:51:58.305
to waze that they can get
involved and or report.

03:52:01.900 --> 03:52:03.900
So we're looking at those ways

03:52:04.379 --> 03:52:06.514
to and I just want to thank ed
and his team whether it's the

03:52:08.517 --> 03:52:10.517
cape horn area and before or

03:52:11.786 --> 03:52:13.421
some of these other areas where
we've been really trying to get

03:52:15.825 --> 03:52:18.192
at illegal dumping.
We've been putting up signs in
many places.

03:52:19.361 --> 03:52:21.229
But to your point there's
simply saying, you know, no

03:52:23.398 --> 03:52:25.800
illegal dumping and there's a
fine so we'll look into sort
of making that a more robust

03:52:26.235 --> 03:52:28.235
sign in the future.

03:52:30.239 --> 03:52:31.872
>> I just really love the idea
of putting out, uh, anti

03:52:34.643 --> 03:52:36.410
illegal dumping propaganda
really like hammering it home

03:52:37.790 --> 03:52:39.113
and to our residents sorry I
saw you were going to speak

03:52:42.251 --> 03:52:44.452
where I was actually just going
to add we do a local very
localized when we're seeing

03:52:45.288 --> 03:52:47.989
illegal dumping in a
neighborhood consistently we do
hand out fliers about the junk

03:52:49.125 --> 03:52:51.193
program that you can call for
junk pick up.

03:52:53.695 --> 03:52:55.832
>> you know, sadly that program
takes a little time to do it
and I think that's part of our

03:52:55.832 --> 03:52:57.832
issue.

03:52:57.867 --> 03:52:59.535
So we are in discussions with
esd where that program goes

03:53:01.404 --> 03:53:04.172
through goes through our trash
haulers on we all recognize
this is a problem and the

03:53:05.808 --> 03:53:08.410
question is how do you solve it
and how do we change that sort
of learned behavior, if you

03:53:08.845 --> 03:53:10.912
will, that we've kind of taught
people we're going to come

03:53:12.682 --> 03:53:14.416
quickly and pick it up and if
you look at the illegal dumping

03:53:16.786 --> 03:53:19.621
metrics, they're good we're
we're good at doing it quickly,
especially all the hot spots.

03:53:20.790 --> 03:53:22.457
I think if you read the report
something like fifty percent or

03:53:23.827 --> 03:53:26.796
so are proactively picked up.
We don't even need three one
one call.
We know where we know where

03:53:27.297 --> 03:53:30.132
this happens and a lot
of places so we automatically
go there every week to pick it

03:53:31.368 --> 03:53:34.303
up because we know things are
going to show up.
So those are kind of the more

03:53:35.872 --> 03:53:37.640
localized things but it is a
difficult behavior change that

03:53:39.209 --> 03:53:41.176
we're trying to figure out on
the back end and the hard part

03:53:44.256 --> 03:53:45.860
what I've seen is I have
specific neighborhoods that are
like in the corners places
where nobody looks and people

03:53:47.250 --> 03:53:48.984
drive there to dump.
It's not necessarily the

03:53:51.255 --> 03:53:53.824
neighborhoods or the residents.
Maybe somebody's moving out
of their apartment and they

03:53:53.824 --> 03:53:56.559
have a whole bunch of stuff
they want to get rid of or like

03:53:56.559 --> 03:53:58.559
the mayor said, contractors who

03:53:59.496 --> 03:54:02.431
you know aren't doing their due
diligence.
I remember when before I took

03:54:03.901 --> 03:54:05.901
office there was like a mailer

03:54:07.170 --> 03:54:09.137
sent to all the homes in
regards to like how to properly

03:54:10.807 --> 03:54:13.176
recycle or how to like make
sure you're not putting, you
know, garbage in your recycling

03:54:14.278 --> 03:54:16.312
or something like that.
We thought about doing a mailer

03:54:18.182 --> 03:54:20.449
similar to like similar to the
to this but about illegal
dumping.

03:54:22.219 --> 03:54:24.860
>> I think that's where we
partner with.

03:54:26.556 --> 03:54:28.624
>> right because that's where
we get to our businesses as

03:54:30.161 --> 03:54:32.161
well as our residents who you

03:54:33.730 --> 03:54:36.532
know what we have what we do
think is one of the reasons is
also just the cost of going to
the dump.

03:54:38.101 --> 03:54:39.969
Right.
So there are all sorts of ways

03:54:41.438 --> 03:54:43.740
that we can get the word out
and we can partner with esta on
potentially doing a mailer.

03:54:45.175 --> 03:54:48.770
>> wonderful.
And then finally I did hear
that there was a commercial in

03:54:49.847 --> 03:54:52.415
the works bringing back keep it
clean and I'll start.
>> stan, do we have any

03:54:53.584 --> 03:54:55.652
progress?
Olympia's dream yes.

03:54:57.120 --> 03:54:58.755
>> and I know our P.A. Comms
team is is that I'm excited for

03:55:00.825 --> 03:55:03.459
that because part of the
propaganda yeah yeah oh yeah I
was that was really hammered

03:55:04.829 --> 03:55:07.960
into me as a as a kid.
>> you know if I was even in
school I remember telling

03:55:08.866 --> 03:55:10.801
kids oh don't be illiterate
lucy so you it worked for

03:55:11.969 --> 03:55:13.637
me and my friends but thank you
for your thoughtful answers

03:55:15.506 --> 03:55:17.609
again thank you for doing
really important work for our
residents.

03:55:17.609 --> 03:55:19.609
>> you know the number one

03:55:20.178 --> 03:55:22.812
thing they say in my district
is blit in cleaning up the
district.
So thank you.

03:55:23.781 --> 03:55:26.160
And with that I'd like to move
the memo written by mayor
mohanned councilmember candelas

03:55:27.885 --> 03:55:30.520
and myself.
>> thank you councilmember and
that memo does include the

03:55:32.490 --> 03:55:34.124
staff recommendation just if
anyone is curious but thank you

03:55:34.558 --> 03:55:36.558
councilmember that

03:55:38.696 --> 03:55:41.499
councilor kandos.
Thank you, mayor and thank
staff for the presentation.

03:55:43.368 --> 03:55:45.435
You know, before I touched on
on the memo we wrote I wanted

03:55:46.771 --> 03:55:48.939
to give a sincere thanks to the
beautifies team.

03:55:51.309 --> 03:55:52.876
I know the bsa proud campaign
and I know it's been a great

03:55:54.512 --> 03:55:56.546
educational model.
You know, I've seen I've seen

03:55:57.916 --> 03:55:59.717
you all out at the schools
at the resource fairs or at one

03:56:01.787 --> 03:56:03.653
of the 23 different cleanups
that I've done or nine dumpster

03:56:05.390 --> 03:56:07.558
days since I took office nearly
five hundred and fifty bags

03:56:09.427 --> 03:56:11.962
garbage to over 200 tons
of garbage by my estimations
it's just throwing that out

03:56:12.797 --> 03:56:14.531
there.
But you know, with with the

03:56:16.601 --> 03:56:19.690
educational aspect of our
approach, you know, it's
my hope that we can

03:56:21.439 --> 03:56:23.400
incorporate, you know, some
some sort of how to use three

03:56:24.843 --> 03:56:27.278
one one app.
>> I think I think there's an
appetite for that within our

03:56:29.448 --> 03:56:31.215
community because you know, as
easy as it is for us, I think

03:56:31.850 --> 03:56:34.552
that's still an opportunity for
us to to better connect with
with with folks because I still

03:56:36.222 --> 03:56:38.956
get plenty of calls from
my office saying hey, can you
can you remove you know, this

03:56:40.920 --> 03:56:41.826
this mattress that's on the
sidewalk or they text

03:56:44.396 --> 03:56:46.640
me directly my residence which
is great but I think there's an

03:56:47.832 --> 03:56:49.832
opportunity to find some

03:56:51.403 --> 03:56:53.371
efficiencies there.
And then there was a question

03:56:55.340 --> 03:56:57.275
the mayor posed a great
question with regards to you

03:56:59.611 --> 03:57:02.447
graffiti and or some
enforcement mechanisms.
I know a few years ago the

03:57:03.816 --> 03:57:05.850
california highway patrol had a
task force set up specifically

03:57:07.820 --> 03:57:09.755
to to try to catch some
of those prolific artists,

03:57:12.125 --> 03:57:14.192
street artists, if you will,
that tagged up the overpasses.

03:57:15.327 --> 03:57:17.395
And we've we've all seen an
influx in that.

03:57:18.964 --> 03:57:20.964
So I'm curious to to see what

03:57:22.634 --> 03:57:24.368
beautifies james opinion is
with regards to engaging folks

03:57:24.903 --> 03:57:26.903
who have jurisdiction over

03:57:29.800 --> 03:57:31.430
caltrans the freeways, the
highway patrol councilmember we

03:57:33.413 --> 03:57:35.180
meet with caltrans every other
thursday and we have been

03:57:36.849 --> 03:57:39.217
engaged with them with the chp
in doing that project.
They're looking at doing

03:57:40.887 --> 03:57:43.689
something in twenty twenty four
for the bay area.
So we've asked and they it

03:57:44.857 --> 03:57:46.591
they're looking at doing a
san jose san francisco oakland

03:57:48.762 --> 03:57:51.264
because too late has become
very popular in the area.
So that's one person they're

03:57:51.264 --> 03:57:53.967
looking at and there's a few
other folks that they have on

03:57:53.967 --> 03:57:56.100
the list but it's something
that we have been asking for.

03:57:56.369 --> 03:57:58.237
I'm just going to say our
challenge is that once taggers

03:58:00.600 --> 03:58:02.708
are caught we need to make sure
that people are paying some
type of restitution whether

03:58:04.644 --> 03:58:06.612
it's cash or doing some type
of volunteer service without

03:58:08.281 --> 03:58:09.949
question and I think integral
to to having you of the chp.

03:58:11.718 --> 03:58:13.785
It's conversations with the
district attorney's office so

03:58:15.655 --> 03:58:17.489
they so they know that we are
working on this and you know,

03:58:19.859 --> 03:58:21.593
with regards to restitution and
or some some sort

03:58:22.862 --> 03:58:25.264
of remediation with with the
folks who are actually doing it
,whether it's community

03:58:26.900 --> 03:58:29.501
service, we always need
volunteers for the cleanups
that we do.

03:58:31.700 --> 03:58:32.705
So making sure that we leupp
that the district attorney's

03:58:35.420 --> 03:58:37.776
office ended these
conversations or the chp with
the meetings with caltrans

03:58:39.546 --> 03:58:41.546
because they MAY or MAY not be

03:58:42.749 --> 03:58:44.483
present I think is a good way
to operationalize and get some

03:58:47.287 --> 03:58:48.921
efficiencies out of this.
You know, nexon on the on the

03:58:49.690 --> 03:58:52.391
memo that written by
my colleagues and I you know, I
wanted to provide some some

03:58:54.161 --> 03:58:56.462
color and some context about a
decade ago state law actually
changed and transferred those

03:58:58.131 --> 03:59:00.131
sound while barriers and

03:59:01.602 --> 03:59:03.869
similar infrastructures back to
our local jurisdictions and so

03:59:05.739 --> 03:59:07.340
for the better part of a decade
most of these infrastructures

03:59:09.410 --> 03:59:11.177
were not funded.
So because of money in programs

03:59:12.914 --> 03:59:14.948
like stamp or the state
transportation improvement

03:59:16.651 --> 03:59:18.985
program, we are now able to
build these sound walls
historically disadvantaged that

03:59:20.921 --> 03:59:23.856
advantaged communities and
corridors.
And so this is an issue that

03:59:25.580 --> 03:59:26.993
we're going to see more and
more on whose responsibility it

03:59:30.164 --> 03:59:32.365
is after vta, for example,
builds the sanwal who's going
to maintain it.

03:59:34.202 --> 03:59:36.202
So I appreciate the

03:59:38.380 --> 03:59:39.873
collaboration effort and and
staff working with the mayor

03:59:41.775 --> 03:59:44.578
councilmember in my office
to try to figure out how we can
figure out a solution and I

03:59:46.147 --> 03:59:47.781
look forward to hearing back on
conversations with a memorandum

03:59:50.151 --> 03:59:52.652
of agreement or understanding
to that effect because I know
that's going to be a

03:59:52.987 --> 03:59:55.220
responsibility that is going to
be shifting.

03:59:55.220 --> 03:59:57.220
And so while while we're all

03:59:57.459 --> 03:59:59.250
glad to see you no sound
barriers go up, it's very

04:00:02.108 --> 04:00:03.597
disheartening to see beautiful
sound walls then get street
street art on them for lack

04:00:05.533 --> 04:00:07.701
of a better term.
So I look forward to
collaborating and look forward

04:00:08.690 --> 04:00:09.702
to hearing the report.
>> thank you.

04:00:12.273 --> 04:00:13.907
>> great.
Thank you councilmember and

04:00:17.311 --> 04:00:19.179
completely agree on engaging
the D.A. And I have reached out

04:00:20.480 --> 04:00:22.216
to him and we have an assurance
that they will prosecute.

04:00:23.985 --> 04:00:26.353
>> I think we need to your
point to formalize a process
with with all the agencies

04:00:27.822 --> 04:00:29.690
involved.
So I know that's in the works

04:00:32.260 --> 04:00:34.260
but I appreciate that point.

04:00:35.463 --> 04:00:37.531
>> councilmember torres, was
that from the last item?

04:00:39.234 --> 04:00:40.868
>> oh, you're ok right now.
I just I wanted to say thank

04:00:43.372 --> 04:00:45.372
you to beautify sj.

04:00:47.142 --> 04:00:48.943
I think it's this type of work
is extremely important as it

04:00:50.311 --> 04:00:52.311
has other councilmember members

04:00:54.150 --> 04:00:56.150
has said right d our neighbors
want clean clean streets clean
parks, clean clean

04:00:58.153 --> 04:01:00.388
neighborhoods etc. Right.
>> and it actually starts with

04:01:02.391 --> 04:01:04.240
all of us I think many of us on
this council got started by you

04:01:06.394 --> 04:01:08.429
know, being a neighborhood
activist and going to that
first community cleanup.

04:01:09.297 --> 04:01:11.165
Right.
That's super exciting.

04:01:13.335 --> 04:01:14.869
>> and so that's why these
these programs are are

04:01:17.720 --> 04:01:19.140
extremely important.
>> but I just wanted to one say

04:01:21.309 --> 04:01:23.177
thank you but also I know that
I've mentioned it on and e and

04:01:25.581 --> 04:01:27.581
I've mentioned it more than a

04:01:28.951 --> 04:01:30.951
few times but I have a very,

04:01:32.210 --> 04:01:34.823
very busy corner and in
my district right on julians
street right before the one on

04:01:36.959 --> 04:01:38.959
one right across the street

04:01:40.330 --> 04:01:42.163
from from those businesses I
think it's north twenty sixth

04:01:44.767 --> 04:01:46.767
or twenty seventh and east

04:01:48.237 --> 04:01:50.171
julian and so when there's a
well also tenth street and 11th

04:01:52.275 --> 04:01:54.900
street and whatnot but if we
can keep an eye on on that

04:01:56.111 --> 04:01:58.147
little corner that will be
great because I see a mattress

04:01:59.949 --> 04:02:01.683
two hours later I come back and
it's like a castle of illegally

04:02:04.353 --> 04:02:06.388
stuff so great.
>> thank you.
Thank you

04:02:15.640 --> 04:02:17.640
councilmember

04:02:19.236 --> 04:02:20.936
buttram the fact that we have
named beautiful s.J as the

04:02:23.707 --> 04:02:25.707
department allocated people

04:02:27.210 --> 04:02:29.445
allocated budget sends a very
strong and clear message that

04:02:31.414 --> 04:02:33.414
we are warning our city to be

04:02:35.185 --> 04:02:36.818
clean beautiful.
So thank you very much for that

04:02:38.388 --> 04:02:40.388
.

04:02:42.158 --> 04:02:44.226
>> now did I hear that you
calculated the volunteer value

04:02:46.363 --> 04:02:48.230
at thirty one dollar and 80
cents?

04:02:50.333 --> 04:02:52.333
>> yes that is correct.

04:02:54.700 --> 04:02:56.380
That's per hour per volunteer
mayor and I were at a volunteer

04:02:58.800 --> 04:02:59.941
recognition event and one
of the things I told the

04:03:02.278 --> 04:03:04.278
volunteers that they were

04:03:06.150 --> 04:03:07.950
priceless.
>> so I'm not too sure that I

04:03:10.119 --> 04:03:12.119
want the thirty one dollar

04:03:13.256 --> 04:03:15.324
price to be communicated to
them by.

04:03:16.493 --> 04:03:18.493
>> but I appreciate that you

04:03:20.263 --> 04:03:22.498
are trying to keep track of the
hours the volunteers are giving

04:03:24.668 --> 04:03:26.535
and I think in my mind they're
still priceless.

04:03:31.742 --> 04:03:33.476
They're priceless to us that
for sure that's ok now in terms

04:03:35.446 --> 04:03:37.446
of proactive monitoring so you

04:03:39.450 --> 04:03:41.351
have two jobs proactive
monitoring and then removing or

04:03:43.321 --> 04:03:45.688
taking care of whatever you
happen.

04:03:47.958 --> 04:03:49.958
>> my hope is that the pilot

04:03:51.661 --> 04:03:53.661
project we are about to start

04:03:55.432 --> 04:03:56.933
which you are part with the
eite automatic detection

04:03:59.503 --> 04:04:01.503
of these objects.

04:04:02.774 --> 04:04:04.774
Oh the pilot which is supposed

04:04:06.777 --> 04:04:08.912
to go on and next some couple
of months and I'm hoping that

04:04:11.181 --> 04:04:13.181
that pilot is going to be so

04:04:14.451 --> 04:04:16.451
successful that will be able to

04:04:17.821 --> 04:04:19.821
get away from manuel detection

04:04:21.992 --> 04:04:24.600
of these particles and the
illegal dumping trash and all

04:04:26.430 --> 04:04:28.430
those kind of things in a few

04:04:29.300 --> 04:04:31.468
months, maybe a year we will
not have to spend any energy

04:04:34.500 --> 04:04:36.500
detection work and action and

04:04:37.809 --> 04:04:39.809
automated reporting into three

04:04:41.512 --> 04:04:43.647
one one with that I.T. Systems
to be able to pick up those and

04:04:45.283 --> 04:04:46.883
all our resources at that point
should be going into actually

04:04:48.920 --> 04:04:51.880
taking care of the problem.
>> ok, that's my optimistic

04:04:53.258 --> 04:04:55.258
feeling that we will be able to

04:04:56.661 --> 04:04:58.295
take our job away and will not
have to put in more and more

04:05:00.965 --> 04:05:02.699
resources into that one.
>> so I'm hoping that that

04:05:05.103 --> 04:05:07.103
pilot will be extremely

04:05:08.390 --> 04:05:10.390
successful and will get away

04:05:12.277 --> 04:05:14.277
from that in dumpster days

04:05:16.214 --> 04:05:18.214
which I held in my through

04:05:19.885 --> 04:05:21.752
my staff uh, one of the recent
requests I've gone is that it's

04:05:23.855 --> 04:05:25.855
ok for you to do this furniture

04:05:26.525 --> 04:05:29.260
thing and they love and there's
a lot of trash right there some
of it brought by the

04:05:31.960 --> 04:05:32.697
contractors but I don't know
for sure but we need to check

04:05:34.899 --> 04:05:37.340
on that one.
But one of the groups came and

04:05:39.370 --> 04:05:40.638
asked, hey, can you have one
of the dumpster to at least an

04:05:43.342 --> 04:05:45.342
evilest dumpster?

04:05:46.645 --> 04:05:48.713
Ok, and and we didn't have the
answers so I like to work with

04:05:50.416 --> 04:05:52.349
you how to add into like we
have five six numazu I like to

04:05:53.952 --> 04:05:55.687
have one of them to be and he
was numazu how to get that done

04:05:58.257 --> 04:06:00.257
what the legal ramifications

04:06:01.994 --> 04:06:03.994
there are not and the second

04:06:05.765 --> 04:06:08.400
request I got was the expired
medicines et cetera.
>> people hang on to them

04:06:09.268 --> 04:06:11.268
forever and then they dispose

04:06:12.471 --> 04:06:14.438
it off in a garbage which is
not the right place so help us

04:06:16.508 --> 04:06:18.477
figure out something in that
area how we should make that

04:06:20.613 --> 04:06:22.781
part of the cleanliness thing.
Ok so those are my requests

04:06:24.750 --> 04:06:26.685
needs which I learned from
my constituent.

04:06:29.588 --> 04:06:31.588
Otherwise everything you are

04:06:32.759 --> 04:06:34.826
doing we just need more of it
and thank you very much for

04:06:37.597 --> 04:06:39.597
taking care of the city the way

04:06:40.433 --> 04:06:42.267
we are and we have to have our
cities san jose beautiful and

04:06:44.837 --> 04:06:46.971
mayor I appreciate all the
volunteerism you started in

04:06:48.141 --> 04:06:50.800
that area and I inherited some
of those volunteers.

04:06:51.944 --> 04:06:53.678
>> I continue to cherish them
and work with.

04:06:55.481 --> 04:06:58.150
>> ok, great.
well thank you for doing that
councilmember certainly

04:06:59.919 --> 04:07:01.687
been a long, long legacy that
predates me as well.

04:07:02.822 --> 04:07:04.456
>> um great thank you.
Ok, councilor dawn.

04:07:10.797 --> 04:07:12.631
Thank you mayor.
Thank you staff fadem or

04:07:15.201 --> 04:07:17.203
councilmember the mayor uh
from our citizen out there.

04:07:18.772 --> 04:07:20.806
>> thank you for your hard work
and beautifying or community

04:07:23.610 --> 04:07:25.778
and I can't count how many
times I've gone out there and

04:07:26.345 --> 04:07:28.981
do clean up and uh not only in
my district in another district
as well.

04:07:31.584 --> 04:07:33.584
>> and I think all of us here

04:07:34.254 --> 04:07:36.880
um, agree that having our city
clean and less blight, less

04:07:41.294 --> 04:07:43.294
graffiti it showed the pride

04:07:45.198 --> 04:07:47.198
within our community I I think

04:07:48.602 --> 04:07:50.436
the enforcement part about
illegal dumping I know that

04:07:52.106 --> 04:07:54.106
they're getting pretty sharp

04:07:55.976 --> 04:07:58.430
about it but I think somewhere
code enforceme hopefully will

04:08:00.130 --> 04:08:02.181
catch one or two and then we
can publicize that on to um you

04:08:04.452 --> 04:08:06.452
know, our social media or the

04:08:07.120 --> 04:08:09.120
newspaper that saying that we

04:08:10.891 --> 04:08:12.891
we no longer tolerate, um,

04:08:15.162 --> 04:08:17.162
illegal dumping in san jose.

04:08:18.310 --> 04:08:20.533
We have many homeless
encampment in our creeks and
many other areas.

04:08:22.303 --> 04:08:24.303
>> have you ever thought about

04:08:25.973 --> 04:08:27.973
putting a small dumpster in

04:08:29.943 --> 04:08:31.911
like for example tallie library
in the creek area some of the

04:08:33.481 --> 04:08:35.248
house residents that I walk
down there and talk to, they

04:08:37.180 --> 04:08:39.285
would be more than happy to
manage just a small dumpster

04:08:41.489 --> 04:08:43.123
for a week so they can pick up
the garbage, have other on the

04:08:52.133 --> 04:08:54.634
house and throw the garbage
into that particular container

04:08:54.735 --> 04:08:56.904
to keep the area clean.
Thank you councilmember for the
question.

04:08:56.904 --> 04:08:58.904
Um, as you know, we do provide

04:08:59.874 --> 04:09:01.708
the uh the weekly trash service
and and along our waterways

04:09:03.778 --> 04:09:05.946
that will be increasing to
three days a week.

04:09:08.316 --> 04:09:10.316
What we have found is that by

04:09:12.394 --> 04:09:14.540
putting out dumpsters while we
of course expect people to use

04:09:15.824 --> 04:09:17.357
it the way they're supposed to,
it unfortunately attracts

04:09:19.861 --> 04:09:21.895
illegal dumping.
So when our hauler comes out to

04:09:24.265 --> 04:09:25.999
remove a dumpster that we have
scheduled and placed out there

04:09:28.570 --> 04:09:30.304
for these type of purposes,
they can't they can't empty it

04:09:31.390 --> 04:09:33.240
because it's surrounded by
garbage.

04:09:35.210 --> 04:09:37.177
So we have had these in other
places where we then have to

04:09:38.947 --> 04:09:41.549
send out the beautify team to
go pick up all the garbage
surrounding the dumpster so

04:09:43.752 --> 04:09:45.519
that then the hauler can take
the dumpster away which MAY not

04:09:47.550 --> 04:09:49.856
even be filled and sometimes
they're overloaded.
So it ends up not really

04:09:51.593 --> 04:09:53.194
getting at the objective which
is cleanliness as I understand

04:09:55.630 --> 04:09:57.464
that.
>> but some some area I think

04:09:59.534 --> 04:10:01.302
there is a hierarchy of house
resident if you will, uh, that

04:10:02.938 --> 04:10:04.772
they have asked me and they
they would and made promises

04:10:07.976 --> 04:10:09.743
that they would monitor and
control the area and and let's

04:10:10.312 --> 04:10:12.247
say that one is overloaded or
overfield they'll move the

04:10:12.314 --> 04:10:14.314
garbage bag out of the way so

04:10:14.883 --> 04:10:16.883
that way the truck can pick it

04:10:18.654 --> 04:10:20.187
up and some of these areas or
um is unaccept the bull by

04:10:23.271 --> 04:10:25.271
vehicle if you will.

04:10:26.162 --> 04:10:28.162
So I would imagine someone who

04:10:30.532 --> 04:10:32.400
really want to be illegally
dumping have to travel into an

04:10:34.770 --> 04:10:36.770
area that's surrounded by our

04:10:38.841 --> 04:10:40.841
in-house residents and um I

04:10:42.920 --> 04:10:44.920
think might deter some but um I

04:10:45.948 --> 04:10:47.982
would hope that we we try again
and just and hope that someone

04:10:49.852 --> 04:10:51.852
house residents can can help us

04:10:52.922 --> 04:10:55.590
monitor and and keep the area
clean because I've got to talli
libraries and many other

04:10:57.760 --> 04:10:59.728
residents around that area I'm
starting to complain that you

04:11:01.897 --> 04:11:03.897
know because of the garbage out

04:11:04.233 --> 04:11:06.101
there there is huge amount
of infestation of rats I've had

04:11:07.136 --> 04:11:09.136
slowly creeping on to the

04:11:11.307 --> 04:11:13.307
neighborhoods and that is one

04:11:15.110 --> 04:11:16.745
of my concern.
On the other hand, I do have a

04:11:18.414 --> 04:11:20.582
do appreciate that
councilmember did mention

04:11:23.753 --> 04:11:25.521
about the mailers um if you
colaba great with the or

04:11:27.591 --> 04:11:29.591
recycling the put out the

04:11:31.695 --> 04:11:33.662
message not only the proper way
to recycle but also you can use

04:11:34.998 --> 04:11:36.998
three one one for the one time

04:11:38.467 --> 04:11:41.403
pick up and I think I think
that does um recycling would be
more than happy to collaborate

04:11:43.720 --> 04:11:45.720
so that way we can reduce our

04:11:45.642 --> 04:11:47.642
cost of setting out to to our

04:11:49.412 --> 04:11:51.412
residents what are your

04:11:53.283 --> 04:11:55.885
thoughts on that?
>> well I would imagine
councilmember the sd

04:11:55.953 --> 04:11:58.354
putting it in the bills in the
mail or in the bills and things

04:11:58.354 --> 04:11:59.989
like that.
So they have all these

04:12:01.558 --> 04:12:03.492
addresses all over the city
that you can get to is probably

04:12:05.462 --> 04:12:07.963
an effective way at least to
try again.
It's a behavior change kind

04:12:09.990 --> 04:12:11.660
of campaign.
So sometimes you got to look

04:12:12.902 --> 04:12:15.171
for ways other than just a sign
or a flier or those kind
of things.

04:12:16.740 --> 04:12:18.708
People sometimes aren't looking
at those or they're not

04:12:20.444 --> 04:12:23.245
inspired by them enough to do
it.
That's why we were just saying,

04:12:23.380 --> 04:12:26.820
you know, we thought putting
dumpsters around homeless
encampments might make sense

04:12:27.951 --> 04:12:30.653
but in the end it didn't which
is why we stopped doing it.
Um, it made more work for us,

04:12:32.220 --> 04:12:34.857
not less.
It made more trash, not less.
Now you could argue that trash

04:12:35.792 --> 04:12:37.560
is going to end up somewhere
else in the city.

04:12:39.429 --> 04:12:42.165
That's probably true but we're
certainly creating a magnet.
I'll tell you people who live

04:12:43.834 --> 04:12:45.834
near there don't like what

04:12:47.138 --> 04:12:49.139
happens when when everybody
else starts coming by to pile

04:12:49.139 --> 04:12:51.139
trash and big and it's a lot

04:12:51.909 --> 04:12:53.676
of big stuff to, you know,
chairs and couches and washers

04:12:55.946 --> 04:12:58.448
and dryers all that good stuff.
>> so it's a difficult problem.
We don't have great answers for

04:12:59.830 --> 04:13:01.551
it.
Again, because it's human
behavior.
>> it's very problematic to

04:13:03.487 --> 04:13:05.487
figure out yeah.

04:13:06.657 --> 04:13:08.792
I hear you and I remember there
used to be um you small
dumpster not the large

04:13:10.928 --> 04:13:13.729
dumpster.
>> um and and I walked that
area and I drive by almost

04:13:14.899 --> 04:13:16.466
every single day so I haven't
noticed any large appliance

04:13:18.402 --> 04:13:20.402
items.

04:13:22.774 --> 04:13:24.774
>> I see a lot of garbage bag

04:13:25.343 --> 04:13:27.277
so uh I would hope we give it
another shot uh specifically

04:13:29.980 --> 04:13:31.980
that uh coyote creek area.

04:13:33.684 --> 04:13:35.684
>> um the other part I'm asking

04:13:37.421 --> 04:13:39.289
is this that I've gone out
there to see the beautiful

04:13:41.559 --> 04:13:43.559
san they clean up and also

04:13:45.262 --> 04:13:47.298
abatement and I noticed that
there's only one truck and so

04:13:47.332 --> 04:13:49.332
you got a bunch in place.

04:13:49.601 --> 04:13:51.368
>> you got one truck load up
the truck in the truck has to

04:13:52.837 --> 04:13:54.772
go to a dump versus a second
truck pull up and it's kind

04:13:56.708 --> 04:13:58.776
of like a domino effect, a
continuous process.

04:14:00.712 --> 04:14:02.712
Um, have you look at funding

04:14:04.916 --> 04:14:06.916
for another dumpster dump truck

04:14:07.318 --> 04:14:09.553
or is it I can work with you to
uh perhaps to to get a donation

04:14:12.124 --> 04:14:14.124
from one of the largest uh you

04:14:15.694 --> 04:14:18.196
know um company out there um
that willing to support us.
>> yes.
Councilmember this is a problem

04:14:18.196 --> 04:14:20.865
that's frustrating for us as
well.

04:14:20.865 --> 04:14:22.865
We have a backlog I think

04:14:23.335 --> 04:14:26.270
of fourteen or so vehicles on
order right now that we can't
get you know we have a lot

04:14:26.805 --> 04:14:29.273
of supply chain issues going on
in this country.
We're leasing vehicles to try

04:14:31.143 --> 04:14:32.877
to make it different.
It's very expensive way for us

04:14:34.580 --> 04:14:36.615
to try to solve that problem.
But just so we can put people

04:14:36.615 --> 04:14:38.615
on the street if we had all our

04:14:39.385 --> 04:14:41.520
vehicles that might make some
more sense if we knew we were

04:14:43.455 --> 04:14:45.490
going into a big area.
But right now if you took a
bunch of vehicles and went to

04:14:45.490 --> 04:14:47.526
one area that means other areas
don't get it.

04:14:47.526 --> 04:14:49.493
So we're kind of trapped a
little bit while we're waiting

04:14:50.829 --> 04:14:53.597
for vehicles to push through a
pipeline.
We have funding to buy them
all.

04:14:53.966 --> 04:14:55.833
We have them on order.
It's just a problem.

04:14:57.536 --> 04:14:59.637
>> the pipeline well thank you.
And I just want to say again

04:15:01.940 --> 04:15:04.900
from the citizen to our
councilmember mayor, we

04:15:05.778 --> 04:15:08.379
thank you for all the work that
you do.
>> thank you.
Thanks, councilor.

04:15:12.685 --> 04:15:15.530
Appreciate that.
Vice mayor, thank you very much
.

04:15:17.220 --> 04:15:18.557
>> I also wanted to extend
my thank you to the entire

04:15:20.626 --> 04:15:22.594
team.
You do such important work and

04:15:25.264 --> 04:15:27.264
um you know, it's complex.

04:15:28.634 --> 04:15:30.702
We know that and you are always
responsive.

04:15:31.637 --> 04:15:33.805
I mean I have heard so many
good things, you know,

04:15:35.475 --> 04:15:37.175
sometimes it takes a little bit
of time but I will say that

04:15:40.790 --> 04:15:42.790
it's just incredible.

04:15:43.750 --> 04:15:45.750
>> so I think that on behalf

04:15:46.919 --> 04:15:48.987
of, you know, all of us I
think really thank you.
>> awesome.

04:15:51.457 --> 04:15:53.925
Thank you.
Vice mayor, uh, once again,
thank you for the great work.

04:15:55.628 --> 04:15:57.295
Great report.
I think we got to everybody are

04:15:58.865 --> 04:16:00.499
exhausted that issue I look
forward to continuing our

04:16:09.776 --> 04:16:11.776
conversation offline and we're

04:16:14.470 --> 04:16:16.470
ready to vote.

04:16:18.251 --> 04:16:20.686
Motion passes unanimously with
absent ok, great into our
public comment or jordan I

04:16:22.222 --> 04:16:24.290
failed to note we will follow
up with some more litter
sticks.

04:16:24.357 --> 04:16:27.226
Your councilmember and I are
going to make sure you get all

04:16:29.229 --> 04:16:31.730
the litter sticks you need.
>> ok, we are on to open forum
which is an opportunity for

04:16:33.366 --> 04:16:35.366
members of the public to

04:16:37.170 --> 04:16:39.471
comment on city business that
was not on today's agenda toni.
>> to have comment.

04:16:56.560 --> 04:16:57.623
Yes, yes.
I'm jordan and steve jordan

04:16:59.793 --> 04:17:01.728
muldowney district three.
I wanted to thank you for the

04:17:03.831 --> 04:17:06.499
proclamation for the world day
of remembrance and just speak a
little bit more to that.

04:17:08.368 --> 04:17:10.970
You know, there's been
unfortunate too many people who
have been killed on our

04:17:12.339 --> 04:17:13.873
roadways and even more who have
been injured or have near

04:17:16.209 --> 04:17:18.377
misses.
So thanks for the proclamation.

04:17:19.646 --> 04:17:21.214
I hope we can all together work
to get results as quickly as

04:17:23.450 --> 04:17:25.318
possible.
I think jena for her comments

04:17:27.588 --> 04:17:29.222
and for being here and for
urging everyone who work to get

04:17:31.425 --> 04:17:33.193
the speed enforcement cameras
in place next year, I'd like to

04:17:35.362 --> 04:17:37.362
similarly urge to try and get

04:17:39.446 --> 04:17:41.234
the ab three six one cameras
for identifying cars parked in
bike lanes also delivered

04:17:41.970 --> 04:17:44.704
hopefully sometime next year as
well.
That'll be really important for

04:17:46.674 --> 04:17:48.408
our bicyclists community who
sees cars parked in the bike

04:17:50.478 --> 04:17:52.245
lane an unfortunate amount
of time and it can be a

04:17:54.815 --> 04:17:56.817
virtuous or vicious cycle
depending on which way you look
at it.

04:17:58.485 --> 04:18:00.220
If our streets are safer than
more people will want to walk

04:18:01.922 --> 04:18:04.524
and bike instead of being in
cars then there'll be less cars
and less traffic accidents and

04:18:05.993 --> 04:18:07.827
it'll be safer and more people
will walk and bike.

04:18:10.970 --> 04:18:12.699
And of course the reverse is
true as well when people are
parking in bike lanes or

04:18:13.735 --> 04:18:15.735
leaving their trash in bike

04:18:17.405 --> 04:18:19.372
lanes it sends the message that
I can't safely be on the street

04:18:21.800 --> 04:18:23.711
or I can't send my kids to
school on a bike because
they're going to have to be

04:18:24.450 --> 04:18:26.813
waving around all these
obstacles.
so I hope everyone in the city

04:18:28.316 --> 04:18:30.316
can work towards doing

04:18:32.394 --> 04:18:34.154
everything they can possibly do
to close the loop on this as
quickly as possible if we can

04:18:35.890 --> 04:18:37.825
somehow tighten the loop
between the vision zero task

04:18:39.895 --> 04:18:41.729
force tourny city council bipac
so that they can have

04:18:44.320 --> 04:18:46.266
conversations in a tighter loop
and get things delivered more
quickly.

04:18:48.470 --> 04:18:50.700
Some of our cyclists are asking
for more options in three one

04:18:51.206 --> 04:18:54.800
one for reporting issues.
I did hear there's going to be
a new function in MARCH for

04:18:55.743 --> 04:18:58.612
reporting cars parked in bike
lanes but there's lots of other
things that block bike lanes

04:18:59.748 --> 04:19:01.949
all the time that we need to be
able to report so that there
can be follow up action.

04:19:10.926 --> 04:19:13.428
>> thank you.
Next speaker good evening,
steve cohen.

04:19:14.596 --> 04:19:16.431
>> I'm a thirty three year
resident of district three.

04:19:18.000 --> 04:19:20.434
I have five properties in
district three.
Forty year residents in

04:19:22.605 --> 04:19:24.605
san jose.

04:19:25.774 --> 04:19:28.476
I need the help of the mayor's
office and of the city manager
.
>> the department

04:19:29.744 --> 04:19:31.746
of transportat refuses to do
any public outreach as far as

04:19:34.716 --> 04:19:36.716
the bike lanes and the road

04:19:38.287 --> 04:19:40.287
dietze there was a meeting in a

04:19:41.457 --> 04:19:43.457
meeting in APRIL for two small

04:19:45.428 --> 04:19:47.428
projects and they did.

04:19:48.698 --> 04:19:50.532
>> I got one postcard for a ten
unit building and no one else

04:19:53.802 --> 04:19:55.337
got anything for two blocks.
I there were twenty three

04:19:57.306 --> 04:19:59.474
attendees at one of the
meetings on zoome five of which
were staff.

04:20:01.100 --> 04:20:02.644
They promised me another
meeting in JUNE.

04:20:04.647 --> 04:20:06.582
I got nothing.
I spoke with mike brillo and

04:20:08.784 --> 04:20:10.452
mike berlo said that we did
meeting six years ago for the

04:20:12.521 --> 04:20:14.521
bike lanes and that's enough.

04:20:16.192 --> 04:20:18.260
It's not just district three,
it's through the city I'm on a

04:20:19.895 --> 04:20:21.930
lot of the neighborhood emails.
They just did another project

04:20:23.399 --> 04:20:25.267
on lee and del rose avenue
where they changed it from one

04:20:27.537 --> 04:20:29.537
lane to two lane people that
live on a blind curve had no

04:20:31.808 --> 04:20:34.310
idea what was going on and I'm
not even sure how that ended
up.
They all they know is they

04:20:35.478 --> 04:20:37.478
changed our roads.

04:20:39.820 --> 04:20:41.500
They changed our markings.
I've dealt with mike ryan who

04:20:43.850 --> 04:20:45.687
promised me a meeting in JUNE.
I got nothing.
This is now almost the end

04:20:47.570 --> 04:20:49.570
of the year.

04:20:50.600 --> 04:20:52.940
It just goes on and on and on.
I contacted nathan wainstein

04:20:54.970 --> 04:20:56.399
MAY, JUNE and JULY eight
different emails back and forth
.

04:20:58.268 --> 04:21:00.469
He said I'll get back to you.
I heard nothing from him.

04:21:02.840 --> 04:21:04.473
>> the last I got was jessica
zonkey who said that oh don't

04:21:06.143 --> 04:21:08.744
worry about it because we're
already going to contract and
I'm like how can you go to

04:21:09.980 --> 04:21:11.980
contract?

04:21:17.421 --> 04:21:19.421
You haven't done any public

04:21:21.492 --> 04:21:23.580
thank you, sean.
Have two things about access

04:21:26.300 --> 04:21:27.596
maybe equity.
So every time I need to get

04:21:29.466 --> 04:21:32.168
validated tell me I'm pretty
and that you like me and I'm
smart but every time that I

04:21:33.837 --> 04:21:35.838
need to get validated I need
somebody else security guard or

04:21:37.740 --> 04:21:38.808
police to go up to the top and
do it because I come into the

04:21:41.440 --> 04:21:42.645
disabled entrance there should
be a way to get validated down

04:21:45.148 --> 04:21:46.883
here.
I shouldn't have to be reliance

04:21:48.585 --> 04:21:50.520
on these two options.
So right now he's guarding that
spot.

04:21:53.224 --> 04:21:55.291
He's guarding that spot.
I have to wait until there's

04:21:56.426 --> 04:21:59.328
somebody to do this for me and
I'm always reliant on somebody
to do this for me.

04:22:00.664 --> 04:22:02.632
So I'm just bringing up an
issue of access again.

04:22:04.435 --> 04:22:06.435
It's got to be like five years.

04:22:08.139 --> 04:22:10.139
I pointed this out.

04:22:11.309 --> 04:22:13.910
>> secondly, police have been
really enforcing vehicles on
roads like in the parks and

04:22:15.446 --> 04:22:17.313
stuff like that.
I understand.

04:22:19.184 --> 04:22:22.850
But I also think that there
should be a way for you guys to
come up with some sort

04:22:23.855 --> 04:22:25.689
of placard that those of us who
feed on house people bring them

04:22:27.858 --> 04:22:29.858
tents and tarps and sleeping

04:22:30.328 --> 04:22:32.830
bags that it's some sort
of placard that we can be there
.

04:22:34.999 --> 04:22:36.833
I, I others have been out there
for years and we haven't run

04:22:38.703 --> 04:22:41.380
any over anybody yet but
especially in inclement weather
we are bringing them necessary

04:22:42.507 --> 04:22:45.420
supplies.
We're bringing them nourishment
things to keep them warm and

04:22:46.378 --> 04:22:48.979
things that keep them dry
especially during winter.
There's no reason that we

04:22:50.515 --> 04:22:52.583
should be getting harassed
multiple times.

04:22:53.785 --> 04:22:55.785
It's like you're the cop that

04:22:57.689 --> 04:23:00.524
knows me hassling us especially
when you know like who we are
like we have you know who we
are.

04:23:01.926 --> 04:23:03.928
There's something on the door
we can give a card whatever it
is.

04:23:05.564 --> 04:23:07.531
So hopefully you guys can come
up with some sort memo that

04:23:09.700 --> 04:23:11.535
says these people with this
sort of placa that you guys

04:23:14.339 --> 04:23:16.874
come up with have access
because if it's a good cop they
hassle you and then they go oh

04:23:16.874 --> 04:23:19.476
ok, I know what you're doing.
Thank you.
It's good.
That's great.

04:23:20.379 --> 04:23:23.460
It's a bad cop.
They make you leave and now you
feed people you didn't give

04:23:23.682 --> 04:23:25.682
them tents, tarps, sleeping

04:23:31.223 --> 04:23:33.225
bags, whatever it is you can't
bring it in on back to council
.

04:23:33.225 --> 04:23:35.225
Right that you all have a great

