[Captioner] 19:00:45
>> Councilmember Keng: PLEASE 

[Captioner] 19:00:45
RISE.

[Captioner] 19:00:52
 I PLEDGE ALLEGIANCE TO THE FLAG 

[Captioner] 19:00:53
OF THE UNITED STATES OF AMERICA 

[Captioner] 19:00:53
AND TO THE REPUBLIC FOR WHICH IT 

[Captioner] 19:00:54
STANDS ONE NATION UNDER GOD, 

[Captioner] 19:00:55
INDIVISIBLE, WITH LIBERTY AND 

[Captioner] 19:01:02
JUSTICE FOR ALL.

[Captioner] 19:01:02
>> Mayor Mei: THANK YOU.

[Captioner] 19:01:05
ROLL CALL, PLEASE.

[Captioner] 19:01:09
>> Ms. Gauthier: COUNCILMEMBER 

[Captioner] 19:01:10
COX, HERE.

[Captioner] 19:01:12
COUNCILMEMBER SALWAN, PRESENT.

[Captioner] 19:01:14
COUNCILMEMBER KASSAN, HERE.

[Captioner] 19:01:17
COUNCILMEMBER CAMPBELL, HERE.

[Captioner] 19:01:19
COUNCILMEMBER KENG, HERE.

[Captioner] 19:01:20
VICE MAYOR SHAO, PRESENT.

[Captioner] 19:01:23
MAYOR MEI, HERE.

[Captioner] 19:01:24
>> Mayor Mei: AND ADD THIS TIME, 

[Captioner] 19:01:26
I'D LIKE TO ANNOUNCE THERE ARE 

[Captioner] 19:01:27
VACANCIES ON OUR BOARDS AND 

[Captioner] 19:01:28
COMMISSIONS AND THE CITY CLERK'S 

[Captioner] 19:01:31
OFFICE ACCEPTS APPLICATIONS FOR 

[Captioner] 19:01:32
BOARDS AND COMMISSIONS 

[Captioner] 19:01:32
THROUGHOUT THE YEAR.

[Captioner] 19:01:34
IF YOU'RE INTERESTED IN LEARNING 

[Captioner] 19:01:35
MORE ABOUT THOSE, PLEASE GO TO 

[Captioner] 19:01:38
OUR CITY'S WEBSITE AT 

[Captioner] 19:01:39
WWW.FREMONT.GOV TO OUR BOARDS, 

[Captioner] 19:01:40
COMMISSIONS AND COMMITTEES 

[Captioner] 19:01:40
PAGE.

[Captioner] 19:01:45
AND YOU HAVE ANY

[Captioner] 19:01:46
 QUESTIONS CONTACT THE CITY 

[Captioner] 19:01:49
CLERK AT 510-284-4060.

[Captioner] 19:01:51
PLEASE NOTE EMAILS SUBMITTED TO 

[Captioner] 19:01:52
CITY CLERK ARE COMPILED AND 

[Captioner] 19:01:54
DISTRIBUTED TO CITY COUNCIL AND 

[Captioner] 19:01:55
STAFF AND PUBLISHED IN OUR 

[Captioner] 19:01:57
CITY'S AGENDA CENTER ON 

[Captioner] 19:01:58
FREMONT.GOV AND ARE PLACED ON 

[Captioner] 19:02:00
FILE AND CONSIDERED PART OF 

[Captioner] 19:02:00
PUBLIC RECORD.

[Captioner] 19:02:03
I'D LIKE TO ANNOUNCE THE MEETING 

[Captioner] 19:02:05
WILL GO UP TO 11:30 P.M. THIS 

[Captioner] 19:02:06
EVENING IF NEEDED AND WE'LL 

[Captioner] 19:02:08
ALLOW FOR 30 MINUTES OF GENERAL 

[Captioner] 19:02:09
PUBLIC COMMENT IF THERE ARE 

[Captioner] 19:02:10
ADDITIONAL SPEAKERS AT THE END 

[Captioner] 19:02:12
OF ORAL COMMUNICATIONS, AFTER 

[Captioner] 19:02:13
THE INITIAL 30 MINUTES WE'LL 

[Captioner] 19:02:15
TAKE THOSE SPEAKERS AT THE END 

[Captioner] 19:02:16
OF THE MEETING IF TIME REMAINS.

[Captioner] 19:02:18
I WILL NOW TURN THE MEETING OVER 

[Captioner] 19:02:22
TO OUR CITY MANAGER KARENA

[Captioner] 19:02:26
 SHACKELFORD TO MAKE ANY

[Captioner] 19:02:27
 INTRODUCTIONS AND 

[Captioner] 19:02:27
ANNOUNCEMENTS.

[Captioner] 19:02:28
>> City Mgr. Shackelford: THANK 

[Captioner] 19:02:29
YOU, MAYOR MEI.

[Captioner] 19:02:32
GOOD EVENING TO YOU AND THE 

[Captioner] 19:02:32
COUNCILMEMBERS.

[Captioner] 19:02:34
THIS EVENING JOINING US AS OUR 

[Captioner] 19:02:36
CITY ATTORNEY, RAFAEL ALVARADO.

[Captioner] 19:02:39
ACROSS FROM RAFAEL AND I ARE 

[Captioner] 19:02:42
CITY CLERK SUSAN GAUTHIER, AND 

[Captioner] 19:02:43
ASSISTANT CITY CLERK, DINA 

[Captioner] 19:02:43
LEWIS.

[Captioner] 19:02:45
THANK YOU.

[Captioner] 19:02:48
>> Mayor Mei: THANK YOU.

[Captioner] 19:02:49
NEXT ON OUR AGENDA IS THE 

[Captioner] 19:02:50
CONSENT CALENDAR.

[Captioner] 19:02:52
CONSENT CALENDAR ARE ITEMS THAT 

[Captioner] 19:02:56
WILL PASS WITH ONE MOTION AND 

[Captioner] 19:02:57
THE STAFF RECOMMENDATION WILL 

[Captioner] 19:02:57
STAND.

[Captioner] 19:02:59
DOES ANY MEMBER OF THE COUNCIL 

[Captioner] 19:03:01
WISH TO REMOVE AN ITEM FROM THE 

[Captioner] 19:03:02
CONSENT CALENDAR?

[Captioner] 19:03:03
I SEE VICE MAYOR SHAO.

[Captioner] 19:03:09
>> Vice Mayor Shao: 2E.

[Captioner] 19:03:10
E AS IN ELEPHANT.

[Captioner] 19:03:13
>> Mayor Mei: OKAY.

[Captioner] 19:03:17
COUNCILMEMBER SALWAN?

[Captioner] 19:03:20
>> Councilmember Salwan: AND MY 

[Captioner] 19:03:24
NAY ON ITEM 2G FOR THE SECOND 

[Captioner] 19:03:24
READING.

[Captioner] 19:03:25
>> Mayor Mei: OKAY, THANK YOU.

[Captioner] 19:03:27
AND COUNCILMEMBER COX?

[Captioner] 19:03:29
>> Councilmember Cox: I WAS JUST 

[Captioner] 19:03:31
GOING TO MAKE COMMENTS AFTER THE 

[Captioner] 19:03:31
PUBLIC COMMENTS.

[Captioner] 19:03:32
>> Mayor Mei: OKAY.

[Captioner] 19:03:37
ARE THERE ANY SPEAKERS FOR

[Captioner] 19:03:40
 THE CONSENT CALENDAR FOR ITEMS 

[Captioner] 19:03:42
TO BE PULLED OR ADDRESSED?

[Captioner] 19:03:44
>> Ms. Gauthier: YES, WE HAVE A 

[Captioner] 19:03:47
SPEAKER CARD FOR ITEM 2F, F LIKE 

[Captioner] 19:03:47
FRED.

[Captioner] 19:03:47
>> Mayor Mei: OKAY.

[Captioner] 19:04:04
SO WE HAVE -- WE PULLED ITEMS 

[Captioner] 19:04:05
2E, F AND G.

[Captioner] 19:04:22
DO WE HAVE A MOTION FOR THE 

[Captioner] 19:04:23
CONSENT CALENDAR FOR THE OTHER 

[Captioner] 19:04:23
ITEMS, THOUGH?

[Captioner] 19:04:24
>> Councilmember Cox: YES, I 

[Captioner] 19:04:26
WOULD LIKE TO MOVE CONSENT 

[Captioner] 19:04:28
AGENDA ITEMS C AND D.

[Captioner] 19:04:33
>> Councilmember Keng: I WILL 

[Captioner] 19:04:33
SECOND.

[Captioner] 19:04:34
>> Ms. Gauthier: AND A?

[Captioner] 19:04:36
>> Mayor Mei: AND ALSO ITEM A 

[Captioner] 19:04:36
TOO.

[Captioner] 19:04:37
>> Councilmember Cox: I'M 

[Captioner] 19:04:37
SORRY.

[Captioner] 19:04:39
>> Mayor Mei: WHICH IS TO WAIVE 

[Captioner] 19:04:39
--

[Captioner] 19:04:40
>> Councilmember Cox: OH, I'M 

[Captioner] 19:04:41
SORRY, AND ALSO A.

[Captioner] 19:04:43
CORRECTION.

[Captioner] 19:04:45
SO A, C AND D.

[Captioner] 19:04:49
>> Mayor MEI:

[Captioner] 19:04:50
>> Mayor Mei: A THROUGH D.

[Captioner] 19:04:50
THANK YOU.

[Captioner] 19:04:52
MOTION BY COUNCILMEMBER COX AND 

[Captioner] 19:04:53
SECONDED BY COUNCILMEMBER KENG.

[Captioner] 19:04:58
CAN WE HAVE A VOTE, PLEASE?

[Captioner] 19:05:00
PLEASE PRESS YOUR BUTTONS.

[Captioner] 19:05:00
THANK YOU.

[Captioner] 19:05:05
AND THE MOTION PASSES 

[Captioner] 19:05:08
UNANIMOUSLY, NOTING THAT NAY 

[Captioner] 19:05:10
VOTE ALSO ON ONE ITEM FROM 

[Captioner] 19:05:11
COUNCILMEMBER SALWAN.

[Captioner] 19:05:16
HE PULLED IT, THAT'S RIGHT.

[Captioner] 19:05:16
THANK YOU.

[Captioner] 19:05:18
>> Councilmember Cox: WE DIDN'T 

[Captioner] 19:05:18
VOTE ON IT.

[Captioner] 19:05:19
>> Mayor Mei: OKAY.

[Captioner] 19:05:23
NEXT IS OUR CEREMONIAL ITEMS, 

[Captioner] 19:05:24
AND WE HAVE A FEW THIS EVENING.

[Captioner] 19:05:29
WE HAVE A PROCLAMATION ON FAIR

[Captioner] 19:05:34
 HOUSING

[Captioner] 19:05:35
 MONTH.

[Captioner] 19:05:37
PROJECT SENTINEL IS JOINING ME 

[Captioner] 19:05:39
WITH JOSIE FULTON, AND IF THEY 

[Captioner] 19:05:40
WANT TO MEET ME AT THE DAIS, 

[Captioner] 19:05:41
THAT WOULD BE GREAT.

[Captioner] 19:06:19
HI.

[Captioner] 19:06:21
I'M NOT SURE IF JOSIE IS HERE 

[Captioner] 19:06:21
FROM PROJECT SENTINEL?

[Captioner] 19:06:25
IF NOT, I'M GOING TO START WITH 

[Captioner] 19:06:27
THE NEXT ONE FIRST AND I'LL COME 

[Captioner] 19:06:29
BACK TO THAT, JUST IN CASE -- I 

[Captioner] 19:06:29
KNOW SOMETIMES TRAFFIC.

[Captioner] 19:06:33
NEXT IS OUR NATIONAL NIGHT OUT, 

[Captioner] 19:06:35
AND I BELIEVE WE HAVE MEMBERS OF 

[Captioner] 19:06:37
OUR TEAM JOINING US FOR NATIONAL 

[Captioner] 19:06:38
NIGHT OUT FROM OUR PD AND FIRE.

[Captioner] 19:06:44
THANK YOU, DEPUTY CHIEF BREDE 

[Captioner] 19:06:45
AND CHIEF DIAZ.

[Captioner] 19:06:45
THANK YOU.

[Captioner] 19:06:49
SO NATIONAL NIGHT OUT IS AUGUST 

[Captioner] 19:06:50
6TH OF TWEP 24.

[Captioner] 19:06:54
 2024.

[Captioner] 19:07:02
 WHEREAS, THE NATIONAL 

[Captioner] 19:07:04
ASSOCIATION OF TOWN WATCH IS 

[Captioner] 19:07:04
SPONSORING THE “41ST ANNUAL 

[Captioner] 19:07:04
NATIONAL NIGHT OUT,” A 

[Captioner] 19:07:05
NATIONWIDE COMMUNITY-BUILDING 

[Captioner] 19:07:05
AND CRIME PREVENTION AWARENESS 

[Captioner] 19:07:07
EVENT ON AUGUST 6, 2024; AND 

[Captioner] 19:07:10
WHEREAS, THE 41ST ANNIVERSARY OF 

[Captioner] 19:07:14
NATIONAL NIGHT OUT PROVIDES A 

[Captioner] 19:07:15
UNIQUE OPPORTUNITY FOR THE 

[Captioner] 19:07:15
FREMONT COMMUNITY TO JOIN WITH 

[Captioner] 19:07:17
THOUSANDS OF OTHER COMMUNITIES 

[Captioner] 19:07:18
ACROSS THE COUNTRY IN 

[Captioner] 19:07:22
CELEBRATING GRASSROOTS COMMUNITY 

[Captioner] 19:07:23
BUILDING THROUGH NEIGHBORHOOD 

[Captioner] 19:07:26
BLOCK PARTIES; AND WHEREAS, IT 

[Captioner] 19:07:29
IS ESSENTIAL THAT ALL COMMUNITY 

[Captioner] 19:07:30
MEMBERS OF FREMONT BE AWARE OF 

[Captioner] 19:07:33
THE IMPORTANCE OF CRIME 

[Captioner] 19:07:33
PREVENTION PROGRAMS AND THE 

[Captioner] 19:07:34
IMPACT THEIR PARTICIPATION CAN 

[Captioner] 19:07:35
HAVE ON REDUCING CRIME, DRUGS, 

[Captioner] 19:07:39
AND VIOLENCE IN FREMONT; AND 

[Captioner] 19:07:43
WHEREAS, THE CITY OF FREMONT’S 

[Captioner] 19:07:44
COMMUNITY ENGAGEMENT GOAL CALLS 

[Captioner] 19:07:46
FOR THE SUPPORT AND EXPANSION OF 

[Captioner] 19:07:49
NATIONAL NIGHT OUT AS AN 

[Captioner] 19:07:51
IMPORTANT TOOL IN DEVELOPING 

[Captioner] 19:07:55
NEIGHBORHOOD SPIRIT AND UNITY, 

[Captioner] 19:07:56
AND FOSTERING THE PARTNERSHIP 

[Captioner] 19:07:58
BETWEEN THE CITY OF FREMONT AND 

[Captioner] 19:07:59
THE COMMUNITY. NOW, THEREFORE, 

[Captioner] 19:08:00
THE CITY COUNCIL OF THE CITY OF 

[Captioner] 19:08:06
FREMONT, HEREBY PROCLAIMS 

[Captioner] 19:08:07
TUESDAY, AUGUST 6, 2024, AS 

[Captioner] 19:08:09
“NATIONAL NIGHT OUT” IN THE CITY 

[Captioner] 19:08:14
OF FREMONT AND CALL UPON ALL 

[Captioner] 19:08:16
RESIDENTS OF THE CITY OF FREMONT 

[Captioner] 19:08:17
TO JOIN THE CITY COUNCIL AND THE 

[Captioner] 19:08:17
NATIONAL ASSOCIATION OF TOWN 

[Captioner] 19:08:19
WATCH IN SUPPORTING AND 

[Captioner] 19:08:21
PARTICIPATING THE “41ST ANNUAL 

[Captioner] 19:08:23
NATIONAL NIGHT OUT.”

[Captioner] 19:08:24
I HOPE TO SEE MANY OF YOU 

[Captioner] 19:08:24
THERE.

[Captioner] 19:08:26
I THINK OVER THE YEARS I THINK 

[Captioner] 19:08:29
THE MOST WE'VE HAD IS 120 OR 130 

[Captioner] 19:08:29
IN ONE NIGHT.

[Captioner] 19:08:32
SO I HAVE TO REALLY THANK OUR 

[Captioner] 19:08:33
POLICE AND FIRE FOR THEIR 

[Captioner] 19:08:34
LEADERSHIP, AS WELL AS SO MANY 

[Captioner] 19:08:36
MEMBERS OF OUR CITY IN FREMONT 

[Captioner] 19:08:38
AND THE COMMUNITY MEMBERS 

[Captioner] 19:08:39
SPECIFICALLY WHO HOST US.

[Captioner] 19:08:40
SO THANK YOU.

[Captioner] 19:08:42
I'M GOING TO HAVE EACH OF YOU 

[Captioner] 19:08:43
SAY A FEW WORDS?

[Captioner] 19:09:02
>> THANK YOU, MAYOR MEI AND 

[Captioner] 19:09:03
FELLOW COUNCIL MEMBERS.

[Captioner] 19:09:07
I JUST WILL SAY A FEW BRIEF 

[Captioner] 19:09:08
WORDS ABOUT NATIONAL NIGHT OUT.

[Captioner] 19:09:10
AS THE MAYOR ALLUDED TO, 

[Captioner] 19:09:11
NATIONAL NIGHT OUT IS A 

[Captioner] 19:09:13
NATIONWIDE COMMUNITY BUILDING 

[Captioner] 19:09:14
AND CRIME PREVENTION AWARENESS 

[Captioner] 19:09:14
EVENT.

[Captioner] 19:09:16
IT HAS LONG BEEN SUPPORTED BY 

[Captioner] 19:09:17
THE CITY OF FREMONT.

[Captioner] 19:09:18
THIS YEAR'S NATIONAL NIGHT OUT 

[Captioner] 19:09:20
IS THE 41ST YEAR THAT IT WILL 

[Captioner] 19:09:21
TAKE PLACE AND IT WILL TAKE 

[Captioner] 19:09:24
PLACE ON TUESDAY, AUGUST 6TH, 

[Captioner] 19:09:27
2024 FROM 5:30 TO 7:30 P.M., SO 

[Captioner] 19:09:28
WE HOPE TO SEE MANY OF YOU THERE 

[Captioner] 19:09:30
AND A LOT OF OUR COMMUNITY 

[Captioner] 19:09:30
MEMBERS.

[Captioner] 19:09:32
THE EVENT PROVIDES A UNIQUE 

[Captioner] 19:09:33
OPPORTUNITY FOR THE COMMUNITY 

[Captioner] 19:09:36
BUILDING AND FOR OUR CITY STAFF 

[Captioner] 19:09:37
TO GET TO KNOW OUR NEIGHBORS.

[Captioner] 19:09:39
ADDITIONALLY, THE EVENT IS 

[Captioner] 19:09:42
IMPORTANT FOR DEVELOPING 

[Captioner] 19:09:42
NEIGHBORHOOD SPIRIT.

[Captioner] 19:09:44
WE'VE SEEN THAT FIRSTHAND THE 

[Captioner] 19:09:45
LAST FEW YEARS I'VE BEEN ABLE TO 

[Captioner] 19:09:46
ENGAGE WITH THE COMMUNITY.

[Captioner] 19:09:50
IT'S VERY INSIGHTFUL AND IT'S 

[Captioner] 19:09:51
ALWAYS JUST A GREAT EVENT.

[Captioner] 19:09:56
WITH THAT, IT FOSTERS A

[Captioner] 19:09:57
 PARTNERSHIP BETWEEN THE CITY OF 

[Captioner] 19:09:58
FREMONT AND THE COMMUNITY.

[Captioner] 19:10:00
SO THIS IS IMPORTANT TO 

[Captioner] 19:10:02
REMEMBER, SO PLEASE GO TO OUR 

[Captioner] 19:10:05
WEBSITE TO LEARN MORE AND TO 

[Captioner] 19:10:06
REGISTER FOR THE PARTY.

[Captioner] 19:10:11
FREMONTPOLICE.GOV/NNO, NATIONAL 

[Captioner] 19:10:11
NIGHT OUT.

[Captioner] 19:10:13
TURN IT OVER TO CHIEF DIAZ.

[Captioner] 19:10:15
>> GOOD EVENING.

[Captioner] 19:10:17
THANK YOU, MAYOR MEI AND 

[Captioner] 19:10:20
COUNCILMEMBERS FOR THIS 

[Captioner] 19:10:21
PROCLAMATION, AND I WANT TO 

[Captioner] 19:10:24
REALLY THANK THE POLICE 

[Captioner] 19:10:25
DEPARTMENT, WHO -- THEIR TEAM 

[Captioner] 19:10:26
MAKE A REALLY GOOD EFFORT OF 

[Captioner] 19:10:28
BRINGING US ALL TOGETHER, THE 

[Captioner] 19:10:29
FIRE DEPARTMENT IS ALWAYS 

[Captioner] 19:10:32
EXCITED TO GO OUT AND INTERACT 

[Captioner] 19:10:33
WITH THE CITIZENS OF FREMONT.

[Captioner] 19:10:37
THIS IS AN OPPORTUNITY FOR US TO 

[Captioner] 19:10:39
REALLY COLLABORATE AND FOCUS ON 

[Captioner] 19:10:40
THE SAFETY OF THE MEMBERS OF THE 

[Captioner] 19:10:40
COMMUNITY.

[Captioner] 19:10:42
SO I JUST WANT TO TAKE THIS TIME 

[Captioner] 19:10:46
TO THANK YOU AND THANK YOU, 

[Captioner] 19:10:47
DEPUTY CHIEF BREDE, FOR PUTTING 

[Captioner] 19:10:47
THIS TOGETHER.

[Captioner] 19:11:04
>> Mayor Mei: NEXT I WOULD LIKE 

[Captioner] 19:11:05
TO INVITE -- I'M TRYING TO 

[Captioner] 19:11:07
REMEMBER THE PEOPLE THAT ARE 

[Captioner] 19:11:09
ACCEPTING FOR NATIONAL VICTIMS 

[Captioner] 19:11:11
RIGHTS WEEK.

[Captioner] 19:11:14
FROM THE D.A.'S OFFICE.

[Captioner] 19:11:14
THANK YOU.

[Captioner] 19:11:18
IF YOU'D LIKE TO COME AND JOIN 

[Captioner] 19:11:18
ME.

[Captioner] 19:11:19
THANK YOU SO MUCH FOR COMING 

[Captioner] 19:11:20
THIS EVENING.

[Captioner] 19:11:29
AND NATIONAL VICTIMS RIGHTS WEEK 

[Captioner] 19:11:31
IS APRIL 21ST TO 27TH OF 2024.

[Captioner] 19:11:38
 WHEREAS, MORE THAN 26 MILLION 

[Captioner] 19:11:40
PEOPLE BECOME VICTIMS OF CRIME 

[Captioner] 19:11:42
EACH YEAR, AND THESE CRIMES ALSO 

[Captioner] 19:11:43
AFFECT FAMILY MEMBERS, FRIENDS, 

[Captioner] 19:11:46
NEIGHBORS, AND CO-WORKERS; AND 

[Captioner] 19:11:54
THE ALAMEDA COUNTY DISTRICT 

[Captioner] 19:11:54
ATTORNEY’S VICTIM/WITNESS 

[Captioner] 19:11:55
DIVISION IS DEDICATED TO 

[Captioner] 19:11:56
ENSURING THE RIGHTS OF CRIME 

[Captioner] 19:11:56
VICTIMS AND THEIR FAMILIES BY 

[Captioner] 19:11:56
PROVIDING SERVICES TO AID IN 

[Captioner] 19:11:57
THEIR RECOVERY FROM THE 

[Captioner] 19:12:00
EMOTIONAL, PSYCHOLOGICAL, SOCIAL 

[Captioner] 19:12:02
AND ECONOMIC IMPACT OF CRIME AS 

[Captioner] 19:12:04
THEY RECLAIM THEIR SENSE OF 

[Captioner] 19:12:06
SAFETY, WELL – BEING AND 

[Captioner] 19:12:09
DIGNITY. THE DA’S VICTIM/WITNESS 

[Captioner] 19:12:11
STAFF ASSISTS VICTIMS OF CRIME 

[Captioner] 19:12:15
WITHOUT REGARD TO A PERSON’S 

[Captioner] 19:12:16
RACE, GENDER, RELIGION, 

[Captioner] 19:12:18
NATIONALITY, SEXUAL ORIENTATION, 

[Captioner] 19:12:19
AND GENDER IDENTITY OR 

[Captioner] 19:12:23
IMMIGRATION STATUS; AND WHEREAS, 

[Captioner] 19:12:24
VICTIMS ARE FACED WITH MANY 

[Captioner] 19:12:26
CHALLENGES AS A RESULT OF CRIME; 

[Captioner] 19:12:27
OFTEN TIMES, VICTIMS ENTER 

[Captioner] 19:12:29
SYSTEMS THAT FAIL TO MEET THEIR 

[Captioner] 19:12:33
NEEDS, PROVIDE APPROPRIATE 

[Captioner] 19:12:37
SERVICES AND FAIL TO TREAT THEM 

[Captioner] 19:12:40
WITH THE DIGNITY AND RESPECT 

[Captioner] 19:12:41
THEY DESERVE; AND INVOLVING 

[Captioner] 19:13:00
SURVIVORS HELPS VICTIM SERVICE 

[Captioner] 19:13:00
PROVIDERS AND CRIMINAL JUSTICE 

[Captioner] 19:13:00
PROFESSIONALS UNDERSTAND THE 

[Captioner] 19:13:00
CULTURE, VALUES, AND 

[Captioner] 19:13:00
EXPECTATIONS OF UNDERSERVED AND 

[Captioner] 19:13:00
UNSERVED VICTIMS WHO SEEK 

[Captioner] 19:13:01
ASSISTANCE AND JUSTICE; AND 

[Captioner] 19:13:01
WHEREAS, IN 1984, THE CRIME 

[Captioner] 19:13:01
VICTIMS FUND WAS ESTABLISHED BY 

[Captioner] 19:13:01
THE VICTIMS OF CRIME ACT (VOCA) 

[Captioner] 19:13:02
TO PROVIDE A PERMANENT SOURCE OF 

[Captioner] 19:13:05
SUPPORT FOR CRIME VICTIM 

[Captioner] 19:13:07
SERVICES AND COMPENSATION. 

[Captioner] 19:13:09
ALAMEDA COUNTY DISTRICT 

[Captioner] 19:13:10
ATTORNEY’S OFFICE VICTIM-WITNESS 

[Captioner] 19:13:13
ASSISTANCE DIVISION PARTNERS 

[Captioner] 19:13:14
WITH SURVIVORS, COMMUNITY 

[Captioner] 19:13:16
SERVICE PROVIDERS, CRIMINAL 

[Captioner] 19:13:18
JUSTICE PROFESSIONALS AND VICTIM 

[Captioner] 19:13:18
ADVOCATES TO ENHANCE A CRIMINAL 

[Captioner] 19:13:19
JUSTICE SYSTEM RESPONSE THAT IS 

[Captioner] 19:13:20
ACCESSIBLE, CULTURALLY COMPETENT 

[Captioner] 19:13:26
AND APPROPRIATE FOR ALL VICTIMS 

[Captioner] 19:13:39
OF CRIME; AND OF CRIME; AND 

[Captioner] 19:13:39
WHEREAS, UNDER D.A. PAMELA 

[Captioner] 19:13:40
PRICE’S ADMINISTRATION, THE DA’S 

[Captioner] 19:13:41
VICTIM/WITNESS ASSISTANCE 

[Captioner] 19:13:42
DIVISION HAS BECOME MORE DIVERSE 

[Captioner] 19:13:43
AND MULTILINGUAL AND BETTER 

[Captioner] 19:13:45
REPRESENTS THE LIVED EXPERIENCES 

[Captioner] 19:13:47
OF OUR DIVERSE COMMUNITY, WHILE 

[Captioner] 19:13:48
RECEIVING A VARIETY OF 

[Captioner] 19:13:49
CULTURALLY RESPONSIVE AND TRAUMA 

[Captioner] 19:13:54
INFORMED TRAININGS; AND WHEREAS, 

[Captioner] 19:13:55
IN 2023, THE ALAMEDA COUNTY 

[Captioner] 19:13:56
DISTRICT ATTORNEY’S OFFICE 

[Captioner] 19:13:58
SERVED MORE THAN 22,500 

[Captioner] 19:14:00
SURVIVORS, PROVIDED OVER 60,000 

[Captioner] 19:14:03
SERVICES FOR VICTIMS AND THEIR 

[Captioner] 19:14:06
FAMILIES AND PAID MORE THAN 

[Captioner] 19:14:09
$750,000 IN COMPENSATION AND 

[Captioner] 19:14:11
BURIAL EXPENSES; INCLUDING BUT 

[Captioner] 19:14:14
NOT LIMITED TO, CHILD VICTIMS OF 

[Captioner] 19:14:15
VIOLENCE AND SEXUAL ABUSE, 

[Captioner] 19:14:16
STALKING VICTIMS, SURVIVORS OF 

[Captioner] 19:14:18
HOMICIDE VICTIMS, HUMAN 

[Captioner] 19:14:19
TRAFFICKING, CRIMES AGAINST 

[Captioner] 19:14:20
ELDERS AND DEPENDENT ADULTS, 

[Captioner] 19:14:21
SEXUAL ASSAULT, DOMESTIC 

[Captioner] 19:14:24
VIOLENCE, ROBBERY AND OTHER 

[Captioner] 19:14:26
CRIMES; AND FOR VICTIMS OF CRIME 

[Captioner] 19:14:27
WITHOUT INDEPENDENT FINANCIAL 

[Captioner] 19:14:29
MEANS, THE DISTRICT ATTORNEY’S 

[Captioner] 19:14:30
OFFICE FACILITATED FINANCIAL 

[Captioner] 19:14:35
SUPPORT THROUGH THE VICTIM 

[Captioner] 19:14:37
COMPENSATION PROGRAM; AND, 

[Captioner] 19:14:39
WHEREAS, NATIONAL CRIME VICTIMS’ 

[Captioner] 19:14:39
RIGHTS WEEK, APRIL 21-27, 2024, 

[Captioner] 19:14:40
PROVIDES AN OPPORTUNITY TO 

[Captioner] 19:14:41
CELEBRATE THE ENERGY, CREATIVITY 

[Captioner] 19:14:45
AND COMMITMENT OF ADVOCATES FOR 

[Captioner] 19:14:45
VICTIMS’ RIGHTS. NOW, THEREFORE, 

[Captioner] 19:14:48
THIS CITY COUNCIL, CITY OF 

[Captioner] 19:14:49
FREMONT, COUNTY OF ALAMEDA, 

[Captioner] 19:14:50
STATE OF CALIFORNIA HEREBY 

[Captioner] 19:14:51
PROCLAIMS APRIL 21-27, 2024, TO 

[Captioner] 19:14:52
BE VICTIMS’ RIGHTS WEEK IN THE 

[Captioner] 19:14:54
CITY OF FREMONT, AND REAFFIRMS 

[Captioner] 19:14:58
THE COMMITMENT TO RESPECT AND 

[Captioner] 19:15:01
ENFORCE VICTIMS’ RIGHTS AND 

[Captioner] 19:15:02
ADDRESSING THEIR NEEDS DURING 

[Captioner] 19:15:02
VICTIMS’ RIGHTS WEEKS AND 

[Captioner] 19:15:05
THROUGHOUT THE YEAR; AND EXPRESS 

[Captioner] 19:15:08
OUR APPRECIATION FOR THOSE 

[Captioner] 19:15:11
VICTIMS AND SURVIVORS OF CRIME 

[Captioner] 19:15:16
WHO HAVE TURNED PERSONAL TRAGEDY 

[Captioner] 19:15:19
INTO A MOTIVATING FORCE TO 

[Captioner] 19:15:19
IMPROVE THE RESPONSE TO VICTIMS 

[Captioner] 19:15:20
OF CRIME AND BUILD A MORE JUST 

[Captioner] 19:15:21
COMMUNITY.

[Captioner] 19:15:22
SO THANK YOU SO MUCH FOR 

[Captioner] 19:15:22
COMING.

[Captioner] 19:16:12
>> GOOD EVENING.

[Captioner] 19:16:21
ON BEHALF OF THE ALAMEDA

[Captioner] 19:16:21
 COUNTY DISTRICT ATTORNEY'S 

[Captioner] 19:16:22
OFFICE AND D.A. PRICE, I WOULD 

[Captioner] 19:16:23
LIKE TO THANK THE CITY COUNCIL 

[Captioner] 19:16:28
FOR PROCLAIMING VICTIMS RIGHTS

[Captioner] 19:16:50
 WEEK 2024 AND RECOGNIZING THE 

[Captioner] 19:16:50
OPTIONS, SERVICES AND HOPE FOR 

[Captioner] 19:16:50
CRIME VICTIMS.

[Captioner] 19:16:50
THANK YOU AGAIN FOR THIS 

[Captioner] 19:16:50
PROCLAMATION.

[Captioner] 19:16:50
THANK YOU.

[Captioner] 19:16:50
>> Mayor Mei: NEXT IS THE FAIR 

[Captioner] 19:16:50
HOUSING MONTH, WHICH I'M NOT 

[Captioner] 19:16:51
SURE IF WE HAVE PROJECT SENTINEL 

[Captioner] 19:16:53
HERE TO ACCEPT IT, BUT I'D LIKE 

[Captioner] 19:16:54
TO SHARE THE PROCLAMATION.

[Captioner] 19:16:59
THIS IS FOR FAIR HOUSING MONTH 

[Captioner] 19:17:00
FOR APRIL, 2024.

[Captioner] 19:17:04
 WHEREAS, ADEQUATE HOUSING IS A 

[Captioner] 19:17:06
BASIC NEED AND RIGHT OF ALL 

[Captioner] 19:17:07
PEOPLE; AND, THIS YEAR WE 

[Captioner] 19:17:08
CELEBRATE THE 56TH ANNIVERSARY 

[Captioner] 19:17:12
OF THE ENACTMENT OF THE FEDERAL 

[Captioner] 19:17:14
FAIR HOUSING ACT OF 1968 (TITLE 

[Captioner] 19:17:16
VIII OF THE CIVIL RIGHTS ACT), 

[Captioner] 19:17:19
WHICH STATES THAT DISCRIMINATION 

[Captioner] 19:17:21
IN THE SALE AND RENTAL OF 

[Captioner] 19:17:24
HOUSING IS ILLEGAL WHEN BASED ON 

[Captioner] 19:17:26
RACE, COLOR, RELIGION, SEX, OR 

[Captioner] 19:17:27
NATIONAL ORIGIN; AND WHEREAS, 

[Captioner] 19:17:29
THE FAIR HOUSING AMENDMENTS ACT 

[Captioner] 19:17:31
OF 1988 EXTENDS FAIR HOUSING 

[Captioner] 19:17:32
RIGHTS ON THE BASIS OF FAMILIAL 

[Captioner] 19:17:37
STATUS TO FAMILIES WITH 

[Captioner] 19:17:38
CHILDREN, AND ON THE BASIS OF 

[Captioner] 19:17:45
HANDICAP TO DISABLED PERSONS; 

[Captioner] 19:17:46
AND WHEREAS, CALIFORNIA STATUTES 

[Captioner] 19:17:47
ADDITIONALLY PROTECT CITIZENS ON 

[Captioner] 19:17:49
THE BASIS OF AGE, MARITAL 

[Captioner] 19:17:52
STATUS, SEXUAL ORIENTATION, 

[Captioner] 19:17:56
GENDER IDENTITY AND SOURCE OF 

[Captioner] 19:17:57
INCOME; AND CALIFORNIA 

[Captioner] 19:17:58
CELEBRATES THE 65TH ANNIVERSARY 

[Captioner] 19:17:59
OF THE FAIR EMPLOYMENT AND 

[Captioner] 19:18:02
HOUSING ACT (FEHA); AND WHEREAS, 

[Captioner] 19:18:05
THE CITY OF FREMONT SUPPORTS 

[Captioner] 19:18:06
FAIR HOUSING EFFORTS TO 

[Captioner] 19:18:08
ELIMINATE DISCRIMINATION IN 

[Captioner] 19:18:09
HOUSING AND RECOGNIZES THE 

[Captioner] 19:18:11
BENEFITS OF PROJECT SENTINEL TO 

[Captioner] 19:18:15
EDUCATE HOME SEEKERS, APARTMENT 

[Captioner] 19:18:16
MANAGERS, AND APARTMENT OWNERS 

[Captioner] 19:18:17
ON FEDERAL AND STATE HOUSING 

[Captioner] 19:18:19
LAWS, AND TO INVESTIGATE 

[Captioner] 19:18:23
COMPLAINTS OF ILLEGAL HOUSING 

[Captioner] 19:18:24
DISCRIMINATION IN FREMONT; AND 

[Captioner] 19:18:26
WHEREAS, IN ORDER TO HEIGHTEN 

[Captioner] 19:18:27
PUBLIC AWARENESS, THE CITY OF 

[Captioner] 19:18:29
FREMONT WISHES TO FOCUS PUBLIC 

[Captioner] 19:18:31
ATTENTION ON APRIL AS FAIR 

[Captioner] 19:18:32
HOUSING MONTH. NOW, THEREFORE, 

[Captioner] 19:18:35
THE CITY COUNCIL OF THE CITY OF 

[Captioner] 19:18:39
FREMONT, HEREBY PROCLAIMS THE 

[Captioner] 19:18:42
MONTH OF APRIL 2024 AS “FAIR 

[Captioner] 19:18:43
HOUSING MONTH,” AND DO ENCOURAGE 

[Captioner] 19:18:45
ALL RESIDENTS AND COMMUNITY 

[Captioner] 19:18:46
ORGANIZATIONS TO CELEBRATE THE 

[Captioner] 19:18:49
VALUE OF HARMONIOUS AND DIVERSE 

[Captioner] 19:18:51
COMMUNITIES OF NEIGHBORS AND TO 

[Captioner] 19:18:52
SUPPORT THE GOAL OF EQUAL 

[Captioner] 19:18:54
HOUSING OPPORTUNITY FOR ALL 

[Captioner] 19:18:57
PEOPLE.

[Captioner] 19:19:00
SO WE'LL PRESENT THAT TO -- 

[Captioner] 19:19:00
WE'LL SEND TO THEM.

[Captioner] 19:19:02
DAN, WOULD YOU LIKE TO COME AND 

[Captioner] 19:19:02
SHARE SOMETHING?

[Captioner] 19:19:43
THANK YOU.

[Captioner] 19:19:45
NOW WE'LL RETURN --

[Captioner] 19:19:47
>> Ms. Gauthier: WE HAVE ORAL 

[Captioner] 19:19:47
COMMUNICATIONS.

[Captioner] 19:19:47
>> Mayor Mei: SORRY.

[Captioner] 19:19:48
WE'LL DO THAT FIRST.

[Captioner] 19:19:51
DO WE HAVE SPEAKER CARDS?

[Captioner] 19:19:52
>> Ms. Gauthier: ONE SPEAKER 

[Captioner] 19:19:52
CARD.

[Captioner] 19:19:53
JOHN HINDS.

[Captioner] 19:19:55
>> Councilmember Cox: FOR WHICH 

[Captioner] 19:19:55
ONE?

[Captioner] 19:19:56
>> Ms. Gauthier: ORAL 

[Captioner] 19:19:56
COMMUNICATIONS.

[Captioner] 19:19:57
SO PUBLIC COMMUNICATIONS.

[Captioner] 19:19:59
THESE ARE FOR -- LET ME READ 

[Captioner] 19:20:01
THAT REAL QUICKLY IF IT'S OKAY, 

[Captioner] 19:20:01
JOHN.

[Captioner] 19:20:03
I KNOW YOU KNOW ALL THE INS AND 

[Captioner] 19:20:06
OUTS BUT -- AS YOU ARE A 

[Captioner] 19:20:06
FREQUENT FRIEND OF OUR COUNCIL.

[Captioner] 19:20:09
ANY PERSON DESIRING TO SPEAK ON 

[Captioner] 19:20:10
A MATTER WHICH IS NOT INCLUDED 

[Captioner] 19:20:12
IN THE AGENDA THIS EVENING MAY 

[Captioner] 19:20:15
DO SO UNDER ORAL COMMUNICATIONS 

[Captioner] 19:20:15
SECTION OF PUBLIC COMMENTS.

[Captioner] 19:20:17
COMMUNICATIONS RECEIVED VIA 

[Captioner] 19:20:18
EMAIL WILL BE PLACED ON FILE AND 

[Captioner] 19:20:19
CONSIDERED PART OF THE PUBLIC 

[Captioner] 19:20:20
RECORD.

[Captioner] 19:20:21
AND AGAIN, THIS IS AP 

[Captioner] 19:20:22
OPPORTUNITY TO SPEAK ON ITEMS 

[Captioner] 19:20:23
THAT ARE NOT AGENDIZED THIS 

[Captioner] 19:20:23
EVENING.

[Captioner] 19:20:28
AND WHEN SPEAKING ON BEHALF OF 

[Captioner] 19:20:28
AN ORGANIZATION PLEASE STATE 

[Captioner] 19:20:29
YOUR NAME OF THE ORGANIZATION 

[Captioner] 19:20:31
YOU ARE REPRESENTING.

[Captioner] 19:20:34
A BELL ARE REMAIN WHEN THERE ARE 

[Captioner] 19:20:36
30 SECONDS REMAINING AND A BELL 

[Captioner] 19:20:39
WILL RING AGAIN WHEN TIME HAS 

[Captioner] 19:20:39
ENDED.

[Captioner] 19:20:42
ITEMS THAT ARE BROUGHT UP, THE 

[Captioner] 19:20:43
COUNCIL CANNOT TAKE ACTION OR 

[Captioner] 19:20:45
RESPOND TO ITEMS THAT ARE 

[Captioner] 19:20:46
BROUGHT UP UNDER ORAL 

[Captioner] 19:20:46
COMMUNICATIONS.

[Captioner] 19:20:48
HOWEVER, THE ITEM COULD BE 

[Captioner] 19:20:49
AGENDIZED FOR A FUTURE MEETING 

[Captioner] 19:20:51
IF THE COUNCIL MAKES REFERRAL OR 

[Captioner] 19:20:52
STAFF FOR A REPORT BACK.

[Captioner] 19:20:56
SO WELCOME, MR. HINDS.

[Captioner] 19:20:58
WE'LL GIVE HIM THREE MINUTES.

[Captioner] 19:21:00
>> HELLO, EVERYONE.

[Captioner] 19:21:02
I GREW UP IN THREE DIFFERENT 

[Captioner] 19:21:03
STATES ALL CLOSE TO EACH OTHER.

[Captioner] 19:21:07
ONE OF THOSE STATES ALLOWED 

[Captioner] 19:21:08
FIREWORKS, THE OTHER TWO DID 

[Captioner] 19:21:08
NOT.

[Captioner] 19:21:12
AND YOU COULD TAKE ANY ROAD INTO 

[Captioner] 19:21:13
THAT STATE AND AS SOON AS YOU 

[Captioner] 19:21:15
GOT ACROSS THE LINE, THERE WERE 

[Captioner] 19:21:16
BILLBOARDS EVERYWHERE, 

[Captioner] 19:21:16
FIREWORKS!

[Captioner] 19:21:18
GET YOUR FIREWORKS HERE!

[Captioner] 19:21:20
CLEARLY, THEY WERE CATERING TO 

[Captioner] 19:21:21
THEIR NEIGHBORS IN THE NEXT 

[Captioner] 19:21:22
STATE OVER.

[Captioner] 19:21:26
I HEAR THERE'S A SIMILAR EFFECT 

[Captioner] 19:21:29
AROUND STATES THAT DON'T ALLOW 

[Captioner] 19:21:34
 PRIVATE

[Captioner] 19:21:35
 LIQUOR STORES.

[Captioner] 19:21:37
IT SEEMS THAT UNION CITY IS 

[Captioner] 19:21:39
ABOUT TO DO SOMETHING LIKE THAT 

[Captioner] 19:21:42
TO US, WITH A NEW WEED 

[Captioner] 19:21:45
DISPENSARY ON ALVARADO NILES 

[Captioner] 19:21:46
JUST ACROSS THE BART BRIDGE FROM 

[Captioner] 19:21:46
US.

[Captioner] 19:21:49
THEY CAN DO IT, IT'S LEGAL, BUT 

[Captioner] 19:21:50
IT'S NOT VERY NICE, AND IF 

[Captioner] 19:21:51
SOMEBODY HERE HAS A FRIEND ON 

[Captioner] 19:21:53
THE COUNCIL THERE AND COULD ASK 

[Captioner] 19:21:55
THEM POLITELY TO MAYBE ADJUST 

[Captioner] 19:21:56
THINGS A LITTLE BIT, THAT WOULD 

[Captioner] 19:21:56
BE COOL.

[Captioner] 19:21:59
WHILE WE'RE ON THIS SUBJECT, 

[Captioner] 19:22:01
I'VE BEEN VERY SURPRISED AT THE 

[Captioner] 19:22:03
WAY THE LEGAL WEED BUSINESS HAS 

[Captioner] 19:22:03
PLAYED OUT.

[Captioner] 19:22:08
I WAS EXPECTING SOMETHING MUCH

[Captioner] 19:22:09
 MORE LIKE ALCOHOL IN THE YEARS 

[Captioner] 19:22:10
AFTER PROHIBITION AND THERE WAS 

[Captioner] 19:22:12
SOME LINGERING INVOLVEMENT FROM 

[Captioner] 19:22:14
THE MOB BACK THEN BUT NOWADAYS 

[Captioner] 19:22:16
WHEN SOMEONE ROBS A LIQUOR 

[Captioner] 19:22:18
STORE, IT'S USUALLY AN 

[Captioner] 19:22:19
INDIVIDUAL JUST WANTING MONEY 

[Captioner] 19:22:19
FROM THE REGISTER.

[Captioner] 19:22:22
IN BIG CONTRAST, THE WEED 

[Captioner] 19:22:23
DISPENSARY BUSINESS HAS SPAWNED 

[Captioner] 19:22:26
A WHOLE NEW ORGANIZED CRIME -- 

[Captioner] 19:22:27
KIND OF ORGANIZED CRIME WHERE 

[Captioner] 19:22:28
PEOPLE WANT THE MERCHANDISE.

[Captioner] 19:22:32
AND THERE ARE SOME REALLY 

[Captioner] 19:22:33
RECKLESS FOLKS CRASHING VEHICLES 

[Captioner] 19:22:35
INTO BUILDINGS, GETTING INTO GUN 

[Captioner] 19:22:36
FIGHTS ON A REGULAR BASIS.

[Captioner] 19:22:39
IT'S ALMOST AS IF THE BUSINESS 

[Captioner] 19:22:41
IS MORE VIOLENT NOW THAN WHEN IT 

[Captioner] 19:22:43
WAS FULLY CONTROLLED BY GANGS.

[Captioner] 19:22:47
IF YOU LOOK AT ONE OF THOSE 

[Captioner] 19:22:49
ONLINE MAPS TO FIND WEED NEAR 

[Captioner] 19:22:51
ME, YOU'LL FIND THAT FREMONT IS 

[Captioner] 19:22:53
A CONSPICUOUS BIG BLANK SPACE ON 

[Captioner] 19:22:53
THAT MAP.

[Captioner] 19:22:55
I WAS NOT AWARE OF THAT, BUT 

[Captioner] 19:23:00
IT'S REALLY LOOKING LIKE WISDOM 

[Captioner] 19:23:01
NOW, SO PLEASE STICK WITH THAT 

[Captioner] 19:23:03
WISDOM AND DON'T BE TEMPTED TO 

[Captioner] 19:23:04
GIVE ANY PERMITS HERE.

[Captioner] 19:23:07
THAT INDUSTRY MAY SETTLE DOWN 

[Captioner] 19:23:07
SOMEDAY.

[Captioner] 19:23:09
IT'S NOT READY NOW.

[Captioner] 19:23:10
THANK YOU.

[Captioner] 19:23:14
>> THANK YOU.

[Captioner] 19:23:16
AND THAT WAS THE LAST PUBLIC 

[Captioner] 19:23:16
SPEAKER?

[Captioner] 19:23:17
>> Ms. Gauthier: CORRECT.

[Captioner] 19:23:18
>> Mayor Mei: THANK YOU.

[Captioner] 19:23:22
AT THIS TIME, I WILL CLOSE ORAL

[Captioner] 19:23:22
 COMMUNICATIONS.

[Captioner] 19:23:25
AND WE'LL RETURN TO THE ITEMS 

[Captioner] 19:23:26
PULLED FROM THE AGENDA.

[Captioner] 19:23:32
BEGINNING WITH ITEM 2E AS IN 

[Captioner] 19:23:32
ELEPHANT.

[Captioner] 19:23:37
>> Vice Mayor Shao: THANK YOU, 

[Captioner] 19:23:37
MADAME MAYOR.

[Captioner] 19:23:42
THE REASON I PULLED IT OUT WAS 

[Captioner] 19:23:46
FIRST, I WOULD LIKE

[Captioner] 19:23:51
 TO HELP THE PUBLIC BECOME AWARE 

[Captioner] 19:23:53
OF THE CONTINUING EFFORT AND THE 

[Captioner] 19:23:57
AMOUNT OF MONEY THAT CITY SPENT

[Captioner] 19:24:01
 TO ABATE THE ILLEGAL DUMPING 

[Captioner] 19:24:03
AND ALSO TO HELP CLEAN UP THE 

[Captioner] 19:24:05
HOMELESS ENCAMPMENT.

[Captioner] 19:24:10
IT IS AN UPHILL BATTLE, BECAUSE 

[Captioner] 19:24:14
WE SEE THE INCREASE OF THE 

[Captioner] 19:24:18
NUMBER OF PEOPLE IN THE 

[Captioner] 19:24:20
ENCAMPMENT POPULATION, BUT ON 

[Captioner] 19:24:26
THE OTHER HAND, THE CITY IS 

[Captioner] 19:24:29
TRYING TO PUT IN MORE RESOURCES 

[Captioner] 19:24:31
AND ALSO TRY TO HIRE CONSULTANTS 

[Captioner] 19:24:35
TO COME UP WITH THE HOMELESS

[Captioner] 19:24:38
 RESPONSE PLAN, SO THAT'S MY 

[Captioner] 19:24:42
FIRST COMMENT, IS TO THE PUBLIC 

[Captioner] 19:24:43
THAT THE CITY IS CONTINUING TO 

[Captioner] 19:24:47
DO ITS BEST TO ADDRESS THE 

[Captioner] 19:24:50
CONCERNS OF THE PUBLIC REGARDING 

[Captioner] 19:24:53
HOMELESS ENCAMPMENT AND ILLEGAL 

[Captioner] 19:24:53
DUMPING.

[Captioner] 19:24:58
THE SECOND COMMENT I WOULD LIKE 

[Captioner] 19:25:03
TO MAKE IS THAT WE ALWAYS HAVE 

[Captioner] 19:25:07
TO ADDRESS THE

[Captioner] 19:25:10
 HOMELESSNESS WITH BALANCE 

[Captioner] 19:25:12
BETWEEN RESOURCES AND 

[Captioner] 19:25:12
ENFORCEMENT.

[Captioner] 19:25:16
IT IS CERTAINLY GOING NOWHERE IF 

[Captioner] 19:25:21
WE JUST KEEP DUMPING MONEY

[Captioner] 19:25:25
 TO JUST HAVE THIS KIND OF LIKE 

[Captioner] 19:25:29
BAND-AID APPROACH, BUT WE REALLY 

[Captioner] 19:25:31
NEED TO LOOK INTO THE ISSUE AND 

[Captioner] 19:25:35
TRY TO SEE IF WE CAN ALSO AMEND 

[Captioner] 19:25:38
THE CITY ORDINANCE AS WELL AS 

[Captioner] 19:25:42
SOME OTHER REGULATIONS UNDER THE 

[Captioner] 19:25:44
CURRENT STATE AND FEDERAL LAW 

[Captioner] 19:25:48
THAT IS, AND ALSO TRY TO LOOK

[Captioner] 19:25:52
 INTO OPPORTUNITIES FOR MORE 

[Captioner] 19:25:56
STRICT ENFORCEMENT SO THAT 

[Captioner] 19:25:58
BALANCE CAN BE STRICKEN BETWEEN 

[Captioner] 19:25:59
RESOURCES AND ENFORCEMENT.

[Captioner] 19:26:02
THAT IS MY COMMENT.

[Captioner] 19:26:05
>> Mayor Mei: THANK YOU.

[Captioner] 19:26:06
COUNCILMEMBER COX, DO YOU HAVE A 

[Captioner] 19:26:07
COMMENT ON THIS TOO?

[Captioner] 19:26:11
>> Councilmember Cox: NO, I WAS 

[Captioner] 19:26:14
JUST GOING TO -- I WOULD LIKE TO 

[Captioner] 19:26:15
MENTION THAT I KNOW THAT THERE'S 

[Captioner] 19:26:17
BEEN AN INCREASE IN COST, AND 

[Captioner] 19:26:19
THAT'S PRETTY MUCH ACROSS THE 

[Captioner] 19:26:21
BAY AREA THAT THERE IS INCREASE 

[Captioner] 19:26:23
BECAUSE OF THE CLEAN-UP, BUT I 

[Captioner] 19:26:25
THINK THAT I WOULD LIKE TO WAIT 

[Captioner] 19:26:28
TO HEAR MORE FROM THE HOMELESS 

[Captioner] 19:26:30
RESPONSE PLAN NEXT MONTH, AND 

[Captioner] 19:26:32
THEN PROVIDE MAYBE SOME 

[Captioner] 19:26:33
ADDITIONAL COMMENTS AFTER WE 

[Captioner] 19:26:37
HEAR FROM THE PLAN REPORT IN

[Captioner] 19:26:39
 MAY, THAT I KNOW THAT IS 

[Captioner] 19:26:39
UPCOMING.

[Captioner] 19:26:42
>> Mayor Mei: DO WE HAVE A 

[Captioner] 19:26:43
MOTION TO SUPPORT THIS?

[Captioner] 19:26:45
I WOULD SAY THAT I SUPPORT THIS 

[Captioner] 19:26:47
IDEA BECAUSE WE'VE HAD 

[Captioner] 19:26:49
TREMENDOUS IMPACT, AND WHEN WE 

[Captioner] 19:26:52
DID OUR CUSTOMER -- OR OUR 

[Captioner] 19:26:53
COMMUNITY FEEDBACK, THAT WAS ONE 

[Captioner] 19:26:55
OF THE KEY AREAS OF FOCUS, AND 

[Captioner] 19:26:56
SO I AM SUPPORTIVE OF THAT.

[Captioner] 19:26:58
COUNCILMEMBER -- MOVED BY 

[Captioner] 19:27:02
COUNCILMEMBER COX, SECONDED BY 

[Captioner] 19:27:02
COUNCILMEMBER CAMPBELL.

[Captioner] 19:27:02
THANK YOU.

[Captioner] 19:27:09
THIS IS FOR ITEM 2E AS IN

[Captioner] 19:27:10
 ENCAMPMENT.

[Captioner] 19:27:11
SO PLEASE VOTE.

[Captioner] 19:27:19
DID IT GO THROUGH?

[Captioner] 19:27:21
I SAW THAT CLEARED AFTER I 

[Captioner] 19:27:21
PUSHED.

[Captioner] 19:27:27
I THINK IF WE COULD REVOTE, 

[Captioner] 19:27:29
PLEASE, BECAUSE I SAW THE SCREEN 

[Captioner] 19:27:29
CLEARED.

[Captioner] 19:27:39
THANK YOU, THE MOTION PASSES 

[Captioner] 19:27:39
UNANIMOUSLY.

[Captioner] 19:27:41
NEXT IS ITEM 2F.

[Captioner] 19:27:43
I'M TRYING TO REMEMBER WHICH 

[Captioner] 19:27:44
COUNCIL PULLED --

[Captioner] 19:27:45
>> Ms. Gauthier: THIS WAS A 

[Captioner] 19:27:45
SPEAKER CARD.

[Captioner] 19:27:47
MR. HINDS.

[Captioner] 19:27:47
>> Mayor Mei: OKAY.

[Captioner] 19:27:50
WELCOME BACK, MR. HINDS.

[Captioner] 19:27:52
>> Ms. Gauthier: THE SAME THREE 

[Captioner] 19:27:53
MINUTES, MADAME MAYOR?

[Captioner] 19:27:54
>> TWO IS FINE.

[Captioner] 19:27:55
>> Mayor Mei: TWO IS FINE.

[Captioner] 19:27:56
>> Ms. Gauthier: THANK YOU.

[Captioner] 19:27:57
>> HELLO, EVERYONE.

[Captioner] 19:27:59
A FEW MONTHS AGO, I HEARD THAT 

[Captioner] 19:28:01
THE CITY WAS ABOUT DONE WITH 

[Captioner] 19:28:03
THESE MAJOR CHANGES TO 

[Captioner] 19:28:03
INTERSECTIONS.

[Captioner] 19:28:05
AND TONIGHT IT APPEARS THAT'S 

[Captioner] 19:28:06
NOT QUITE THE CASE.

[Captioner] 19:28:08
WE'VE BEEN IN THIS BIG, BIG 

[Captioner] 19:28:09
PROJECT FOR A FEW YEARS NOW WITH 

[Captioner] 19:28:12
SOME WHOLESALE REMAKING OF 

[Captioner] 19:28:13
INTERSECTIONS ALONG WITH SOME 

[Captioner] 19:28:15
OTHER CHANGES WITH THE GOAL OF 

[Captioner] 19:28:17
REDUCING FATALITIES AND OTHER 

[Captioner] 19:28:19
INJURIES, AND AS WE SEE THESE 

[Captioner] 19:28:19
CHANGES BECOME A REALITY IN 

[Captioner] 19:28:21
FRONT OF US, SOME OF THEM 

[Captioner] 19:28:22
REALLY, REALLY MAKES SENSE AND 

[Captioner] 19:28:24
WE CAN SEE THE VALUE.

[Captioner] 19:28:26
OTHERS, YOU HAVE TO WONDER IF WE 

[Captioner] 19:28:28
WANT TO MAKE DRIVERS MISERABLE 

[Captioner] 19:28:30
AND OCCASIONALLY YOU WONDER IF 

[Captioner] 19:28:34
WE RAN OUT OF STORAGE SPACE FOR

[Captioner] 19:28:36
 PAINT AND PLASTIC AND HAD TO 

[Captioner] 19:28:37
LAY IT DOWN SOMEWHERE.

[Captioner] 19:28:39
IT'S A BIG PROJECT.

[Captioner] 19:28:42
PROJECTS USUALLY HAVE START AND 

[Captioner] 19:28:42
ENDS.

[Captioner] 19:28:45
AND SO MY QUESTION IS, DO WE 

[Captioner] 19:28:48
HAVE AN END IN SIGHT FOR THIS?

[Captioner] 19:28:50
OBVIOUSLY MAINTENANCE GOES ON 

[Captioner] 19:28:52
FOREVER, BUT WILL WE REACH SOME 

[Captioner] 19:28:54
POINT WHERE WE CAN DECLARE 

[Captioner] 19:28:55
VICTORY, CELEBRATE HOW MUCH 

[Captioner] 19:28:56
IMPROVEMENT WE GOT AND THEN GO 

[Captioner] 19:28:58
BACK TO ROUTINE MAINTENANCE FOR 

[Captioner] 19:28:59
A WHILE, LET THINGS STABILIZE 

[Captioner] 19:29:01
FOR A FEW YEARS AND COME BACK 

[Captioner] 19:29:02
AND RE-ASSESS AFTERWARD.

[Captioner] 19:29:02
THANK YOU.

[Captioner] 19:29:12
DO WE HAVE A MOTION FOR THIS 

[Captioner] 19:29:13
ITEM, 2F AS IN FRANK?

[Captioner] 19:29:14
MOVED BY COUNCILMEMBER KASSAN.

[Captioner] 19:29:21
SECOND BY COUNCILMEMBER 

[Captioner] 19:29:21
CAMPBELL.

[Captioner] 19:29:21
THANK YOU.

[Captioner] 19:29:24
COULD WE PLEASE GET A VOTE?

[Captioner] 19:29:33
AND THE MOTION PASSES 

[Captioner] 19:29:33
UNANIMOUSLY.

[Captioner] 19:29:37
NEXT IS ITEM 2G AS IN GEORGE.

[Captioner] 19:29:43
I THINK THAT WAS PULLED BY 

[Captioner] 19:29:43
COUNCILMEMBER SALWAN.

[Captioner] 19:29:46
>> Councilmember Salwan: I 

[Captioner] 19:29:46
DIDN'T PULL IT.

[Captioner] 19:29:49
I JUST WANT TO VOTE NO ON IT, 

[Captioner] 19:29:50
SAME AS LAST TIME.

[Captioner] 19:29:50
>> Mayor Mei: OKAY.

[Captioner] 19:29:51
THANK YOU.

[Captioner] 19:29:56
SO CAN I GET A MOTION AND A 

[Captioner] 19:29:56
SECOND?

[Captioner] 19:29:59
MOTION BY COUNCILMEMBER COX.

[Captioner] 19:30:00
>> Councilmember Cox: SO MOVE.

[Captioner] 19:30:02
>> Mayor Mei: SECOND BY 

[Captioner] 19:30:02
COUNCILMEMBER KASSAN.

[Captioner] 19:30:02
THANK YOU.

[Captioner] 19:30:07
PLEASE VOTE.

[Captioner] 19:30:16
AND THE ITEM PASSES WITH THE 

[Captioner] 19:30:18
MAJORITY OF THE COUNCIL AND 

[Captioner] 19:30:19
COUNCILMEMBER SALWAN VOTING 

[Captioner] 19:30:19
NAY.

[Captioner] 19:30:20
THANK YOU.

[Captioner] 19:30:22
>> Cty. Attny. Alvarado: THROUGH 

[Captioner] 19:30:24
THE MAYOR, I'LL READ THE TITLE 

[Captioner] 19:30:25
INTO THE RECORD.

[Captioner] 19:30:25
THANK YOU.

[Captioner] 19:30:27
THE ORDINANCE IS AN ORDINANCE OF 

[Captioner] 19:30:28
THE CITY COUNCIL OF THE CITY OF 

[Captioner] 19:30:29
FREMONT AMENDING FREMONT 

[Captioner] 19:30:33
MUNICIPAL CODE SECTION 2.05.060 

[Captioner] 19:30:34
COMPENSATION OF MAYOR AND 

[Captioner] 19:30:35
COUNCILMEMBERS TO ADJUST THE 

[Captioner] 19:30:37
SALARIES OF THE MAYOR AND 

[Captioner] 19:30:37
COUNCILMEMBERS.

[Captioner] 19:30:37
THANK YOU.

[Captioner] 19:30:39
>> Mayor Mei: THANK YOU.

[Captioner] 19:30:41
AND JUST TO NOTE FOR THE PUBLIC 

[Captioner] 19:30:42
IN CASE THEY'RE WONDERING, THAT 

[Captioner] 19:30:43
HAPPENS AFTER THE NEXT ELECTION 

[Captioner] 19:30:43
CYCLE.

[Captioner] 19:30:47
SO LATER --

[Captioner] 19:30:52
>> Ms. Gauthier: EXCUSE ME

[Captioner] 19:30:52
 MADAME MAYOR, SOMEONE HAS 

[Captioner] 19:30:54
TURNED IN A SPEAKER CARD FOR 

[Captioner] 19:30:55
PUBLIC COMMUNICATIONS, WHICH 

[Captioner] 19:30:56
YOU'VE ALREADY CLOSED THAT 

[Captioner] 19:30:56
PERIOD.

[Captioner] 19:31:00
AND WE'VE ALREADY GOT A SPEAKER 

[Captioner] 19:31:05
CARD FOR 2F, AND DID YOU ALSO 

[Captioner] 19:31:09
TURN IN A SPEAKER CARD FOR ITEM 

[Captioner] 19:31:09
5?

[Captioner] 19:31:10
>> I HAD THE ONE CARD.

[Captioner] 19:31:13
>> Ms. Gauthier: IT SAYS 2F5.

[Captioner] 19:31:16
>> IT'S 2F AND 5.

[Captioner] 19:31:22
>> Ms. Gauthier: WE'RE PAST THAT 

[Captioner] 19:31:22
ITEM ALREADY.

[Captioner] 19:31:24
>> I KNOW.

[Captioner] 19:31:26
BECAUSE -- THERE'S NO REAL 

[Captioner] 19:31:30
INFORMATION ABOUT WHO GETS THE 

[Captioner] 19:31:30
CARDS.

[Captioner] 19:31:33
THE ONLY OTHER CITY FUNCTIONS 

[Captioner] 19:31:38
I'VE BEEN TO WITH RO KHANNA, 

[Captioner] 19:31:39
SOMEBODY PICKED THOSE -- SO I 

[Captioner] 19:31:40
HAD NO IDEA.

[Captioner] 19:31:41
AND THEN I HAVE 5.

[Captioner] 19:31:46
IT DIDN'T COME UP YET.

[Captioner] 19:31:51
THAT'S THE MIXED USE FOR THE

[Captioner] 19:31:52
 HUB.

[Captioner] 19:32:00
>> Ms. Gauthier: MAYOR, IT'S AT 

[Captioner] 19:32:01
YOUR DISCRETION ABOUT HAVING HER 

[Captioner] 19:32:02
SPEAK ON 2F.

[Captioner] 19:32:04
>> Mayor Mei: OKAY.

[Captioner] 19:32:06
>> Ms. Gauthier: WE'VE ALREADY 

[Captioner] 19:32:06
VOTED ON IT.

[Captioner] 19:32:07
>> Mayor Mei: WE'VE ALREADY 

[Captioner] 19:32:09
VOTED ON 2F BUT YOU'RE WELCOME 

[Captioner] 19:32:10
TO SHARE YOUR COMMENTS.

[Captioner] 19:32:12
>> Ms. Gauthier: FOR F?

[Captioner] 19:32:13
>> Mayor Mei: YES.

[Captioner] 19:32:14
WE'LL DO 2 MINUTES THEN.

[Captioner] 19:32:33
>> I'M GUESSING THIS IS WHERE I 

[Captioner] 19:32:34
SHOULD BE.

[Captioner] 19:32:35
>> Mayor Mei: YES.

[Captioner] 19:32:36
>> THIS IS MY FIRST TIME AT A 

[Captioner] 19:32:36
TOWN HALL.

[Captioner] 19:32:40
THE THING ABOUT THE -- I LOVE 

[Captioner] 19:32:43
THE BIKE LANES, SO I'M NOT HERE 

[Captioner] 19:32:44
TO COMPLAIN ABOUT THE BIKE 

[Captioner] 19:32:44
LANES.

[Captioner] 19:32:48
BUT WALNUT IS HORRIBLE.

[Captioner] 19:32:51
THE PEOPLE WHO DRIVE ON WALNUT 

[Captioner] 19:32:52
ARE ALL COMPLAINING BECAUSE I 

[Captioner] 19:32:56
MEET THEM IN COFFEE SHOPS AND AT 

[Captioner] 19:32:56
RESTAURANTS.

[Captioner] 19:33:00
THE DRIVING IS -- THE LANES ARE 

[Captioner] 19:33:00
VERY NARROW.

[Captioner] 19:33:03
YES, I KNOW, TO SLOW PEOPLE 

[Captioner] 19:33:03
DOWN.

[Captioner] 19:33:06
THERE'S A NO U-TURN ON THE 

[Captioner] 19:33:08
CORNER OF FREMONT AND WALNUT.

[Captioner] 19:33:10
EVERYONE MAKES A U-TURN.

[Captioner] 19:33:17
I DON'T KNOW WHAT IT IS, BUT IN 

[Captioner] 19:33:19
MY DAY, WE USED TO SAY THEY LOOK 

[Captioner] 19:33:22
LIKE DRUNK DRIVERS WHEN THEY 

[Captioner] 19:33:27
WOULD WEAVE

[Captioner] 19:33:28
 BACK AND FORTH BETWEEN THE TWO 

[Captioner] 19:33:29
LINES, THAT USED TO GET YOU A 

[Captioner] 19:33:29
TICKET.

[Captioner] 19:33:31
THEY DO THAT ON WALNUT.

[Captioner] 19:33:33
I'M AFRAID SOMEONE IS GOING TO 

[Captioner] 19:33:37
HIT ME ON -- SIDE-SWIPE ME, OR 

[Captioner] 19:33:38
EVEN WORSE, THAT SOMEONE WILL 

[Captioner] 19:33:40
MAKE ME THINK THEY'RE GOING TO 

[Captioner] 19:33:41
SIDE-SWIPE ME AND I'LL GO TO 

[Captioner] 19:33:43
MOVE OVER, AND HIT THE CAR IN 

[Captioner] 19:33:43
THE NEXT LANE.

[Captioner] 19:33:48
SO IT'S KIND OF SCARY FOR ME.

[Captioner] 19:33:51
I ALSO KNOW, YOU SEE MY GRAY 

[Captioner] 19:33:52
HAIR AND I'M OLD.

[Captioner] 19:33:55
AND I ALSO KNOW THAT PEOPLE LIKE 

[Captioner] 19:33:57
TO SAY, WELL, IT'S -- YOU'RE 

[Captioner] 19:33:57
OLD.

[Captioner] 19:33:58
IT'S NOT OLD.

[Captioner] 19:34:00
I'M A VERY SAFE DRIVER.

[Captioner] 19:34:02
SO THEY WOULD GET AWAY WITH IT 

[Captioner] 19:34:06
AND I WOULD SOMEHOW BE -- DOES

[Captioner] 19:34:07
 THAT MEAN MY TIME IS UP?

[Captioner] 19:34:09
>> Mayor Mei: NO, YOU HAVE 30 

[Captioner] 19:34:10
SECONDS LEFT.

[Captioner] 19:34:15
>> SO ANYWAY, I LOVE -- AS I

[Captioner] 19:34:18
 SAID, I LOVE THE BIKE LANES, 

[Captioner] 19:34:19
BUT I DON'T KNOW ABOUT THE 

[Captioner] 19:34:19
DRIVING.

[Captioner] 19:34:23
AND WE'VE GOT THOSE POLLS THAT 

[Captioner] 19:34:24
ARE ALSO STICKING UP.

[Captioner] 19:34:27
THEY'RE ALL -- ALWAYS TAKING 

[Captioner] 19:34:28
TURNS WHERE THEY'RE NOT SUPPOSED 

[Captioner] 19:34:31
TO, MAKING ILLEGAL U TURNS, 

[Captioner] 19:34:33
CUTTING PEOPLE OFF, GETTING 

[Captioner] 19:34:33
STUCK.

[Captioner] 19:34:35
>> Mayor Mei: THANK YOU, MA'AM.

[Captioner] 19:34:38
>> IT NEEDS TO BE LOOKED AT.

[Captioner] 19:34:39
AND I AGREE WITH HIM.

[Captioner] 19:34:42
[INAUDIBLE]

[Captioner] 19:34:42
>> Mayor Mei: THANK YOU.

[Captioner] 19:34:48
SO NEXT WE'LL RETURN TO OUR 

[Captioner] 19:34:49
REGULARLY SCHEDULED ITEMS.

[Captioner] 19:34:50
I APOLOGIZE.

[Captioner] 19:35:04
OUR REGULARLY SCHEDULED ITEMS 

[Captioner] 19:35:06
THIS EVENING ARE ITEM 5A AND 

[Captioner] 19:35:10
IT'S THE FREMONT HUB MIXED USE 

[Captioner] 19:35:14
APPEAL AT 39150 ARGONAUT WAY, 

[Captioner] 19:35:17
AND I BELIEVE OUR SENIOR 

[Captioner] 19:35:19
PLANNER, MARK HUNGERFORD, WILL 

[Captioner] 19:35:20
PROVIDE A STAFF PRESENTATION, 

[Captioner] 19:35:27
AND SCOTT

[Captioner] 19:35:30
 GREGORY, CEQA CONSULTANTS AND 

[Captioner] 19:35:32
DONOVAN LAZARO FROM ECONOMIC 

[Captioner] 19:35:33
DEVELOPMENT WILL ALSO BE 

[Captioner] 19:35:33
AVAILABLE FOR QUESTIONS.

[Captioner] 19:35:37
SO WE'LL BEGIN WITH THAT 

[Captioner] 19:35:37
PRESENTATION.

[Captioner] 19:36:11
>> ALL RIGHT, THANK YOU.

[Captioner] 19:36:13
GOOD EVENING, MAYOR AND MEMBERS 

[Captioner] 19:36:13
OF THE CITY COUNCIL.

[Captioner] 19:36:16
THIS ITEM PERTAINS TO A THIRD 

[Captioner] 19:36:17
PARTY APPEAL OF THE PLANNING 

[Captioner] 19:36:18
COMMISSION'S APPROVAL OF THE 

[Captioner] 19:36:19
FREMONT HUB MIXED USE PROJECT.

[Captioner] 19:36:24
THE PROJECT SITE IS THE FREMONT 

[Captioner] 19:36:26
HUB SHOPPING CENTER, 

[Captioner] 19:36:29
SPECIFICALLY A 5.86-ACRE PORTION 

[Captioner] 19:36:30
LOCATED AT ITS NORTHERN CORNER 

[Captioner] 19:36:32
NEAR THE MOWRY AVENUE AND 

[Captioner] 19:36:33
FREMONT BOULEVARD INTERSECTION.

[Captioner] 19:36:36
THE SITE HAS A GENERAL PLAN 

[Captioner] 19:36:37
DESIGNATION OF COMMERCIAL CITY 

[Captioner] 19:36:39
CENTER, WHICH IS THE DESIGNATION 

[Captioner] 19:36:41
THAT APPLIES TO THE 540 ACRES 

[Captioner] 19:36:44
THAT MAKES UP THE DOWNTOWN AND 

[Captioner] 19:36:44
CITY CENTER COMMUNITY PLAN 

[Captioner] 19:36:45
AREAS.

[Captioner] 19:36:50
A ZONING DESIGNATION OF CITY 

[Captioner] 19:36:52
CENTER URBAN NEIGHBORHOOD WHICH 

[Captioner] 19:36:55
IS A MIXED -- IN THE DOWNTOWN 

[Captioner] 19:36:57
AND AS MENTIONED IN THE GENERAL 

[Captioner] 19:36:58
PLAN DESCRIPTION, IS LOCATED 

[Captioner] 19:37:00
WITHIN THE CITY CENTER COMMUNITY 

[Captioner] 19:37:00
PLAN AREA.

[Captioner] 19:37:04
THE PROJECT WOULD RESULT IN THE 

[Captioner] 19:37:07
REMOVAL OF 69,308 SQUARE FEET OF 

[Captioner] 19:37:10
THE EXISTING SHOPPING CENTER AND 

[Captioner] 19:37:12
426 PARKING SPACES THAT SUPPORT 

[Captioner] 19:37:14
THAT REMOVED FLOOR SPACE.

[Captioner] 19:37:16
PHASE ONE OF THE PROJECT WOULD 

[Captioner] 19:37:17
INVOLVE THE CONSTRUCTION OF A 

[Captioner] 19:37:19
13,000 SQUARE FOOT RETAIL 

[Captioner] 19:37:20
PHARMACY BUILDING AND A 

[Captioner] 19:37:22
SUPPORTING PARKING FIELD ALONG 

[Captioner] 19:37:23
THE SITE'S MOWRY AVENUE 

[Captioner] 19:37:23
FRONTAGE.

[Captioner] 19:37:26
THE SECOND PHASE OF THE PROJECT 

[Captioner] 19:37:28
WOULD CONSIST OF THE 

[Captioner] 19:37:30
AFOREMENTIONED DEMOLITION WORK 

[Captioner] 19:37:32
AND DEVELOPMENT OF A SIX-STORY 

[Captioner] 19:37:34
MIXED USE BUILDING CONTAINING 

[Captioner] 19:37:39
314 MARKET RATE APARTMENT UNITS,

[Captioner] 19:37:41
 14,157 SQUARE FEET OF GROUND 

[Captioner] 19:37:43
FLOOR RETAIL COMMERCIAL SPACE, 

[Captioner] 19:37:47
AND A 420-SPACE PODIUM PARKING 

[Captioner] 19:37:47
GARAGE.

[Captioner] 19:37:50
ADDITIONAL IMPROVEMENTS IN PHASE 

[Captioner] 19:37:52
TWO INCLUDE ENHANCING THE SITE'S 

[Captioner] 19:37:53
CAPITOL AVENUE CONNECTION WITH 

[Captioner] 19:37:54
DRIVE AISLES THAT ARE FLANKED BY 

[Captioner] 19:37:56
OPEN SPACE AREAS AND OTHER 

[Captioner] 19:37:57
PEDESTRIAN AMENITIES AND 

[Captioner] 19:37:58
CONNECTIONS.

[Captioner] 19:38:00
THE DENSITY OF THE PROJECT COMES 

[Captioner] 19:38:04
OUT TO 55

[Captioner] 19:38:07
 DWELLING UNITS AND THE PROJECT 

[Captioner] 19:38:08
AREA RATIO IS 1.42.

[Captioner] 19:38:11
HERE IS A RENDERING OF THE MIXED 

[Captioner] 19:38:12
USE BUILDING AS SEEN FROM ACROSS 

[Captioner] 19:38:12
FREMONT BOULEVARD.

[Captioner] 19:38:15
ROUGHLY WHERE THE NEW FREMONT 

[Captioner] 19:38:15
BANK BUILD SOMETHING LOCATED.

[Captioner] 19:38:19
THE BUILDING PROVIDES AN 

[Captioner] 19:38:21
ATTRACTIVE AND MODERN TERMINUS 

[Captioner] 19:38:22
TO CAPITOL AVENUE AND FEATURES 

[Captioner] 19:38:25
SIGNIFICANT MASSING BREAKS AND 

[Captioner] 19:38:27
MATERIAL VARIATION AS WELL AS 

[Captioner] 19:38:28
TRANSPARENT GROUND FLOOR SPACES 

[Captioner] 19:38:31
THAT HELP SPATIALLY DEFINE THEIR 

[Captioner] 19:38:32
ABUDDING FRONTAGES AND PLAZA 

[Captioner] 19:38:32
AREAS.

[Captioner] 19:38:34
THE GROUND FLOOR OF THE BUILDING 

[Captioner] 19:38:38
CONTAINS A MIX OF USES INCLUDING 

[Captioner] 19:38:39
A ROW OF COMMERCIAL SPACES ALONG 

[Captioner] 19:38:40
THE CAPITOL AVENUE EXTENSION AND 

[Captioner] 19:38:42
A ROW OF TOWNHOUSE-STYLE UNITS 

[Captioner] 19:38:44
THAT OPEN ON TO THE FREMONT 

[Captioner] 19:38:45
BOULEVARD RIGHT-OF-WAY, WHICH 

[Captioner] 19:38:47
WOULD BE IMPROVED WITH NEW AND 

[Captioner] 19:38:48
EXPANDED SIDEWALK WITH STREET 

[Captioner] 19:38:48
TREES.

[Captioner] 19:38:56
THIS IS A VIEW OF THE SAME 

[Captioner] 19:38:57
BUILDING FROM THE SOUTH 

[Captioner] 19:38:58
OVERLOOKING THE DRIVEWAY 

[Captioner] 19:39:00
EXTENSION AND THE PROJECT'S 

[Captioner] 19:39:02
PUBLIC OPEN SPACE AREAS IN THE 

[Captioner] 19:39:02
FOREGROUND.

[Captioner] 19:39:05
ON TOP OF THE BUILDING'S PODIUM 

[Captioner] 19:39:06
STRUCTURE ARE A SERIES OF SMALL 

[Captioner] 19:39:08
AND LARGE COURTYARDS AND TERRACE 

[Captioner] 19:39:09
FOR RESIDENT ENJOYMENT.

[Captioner] 19:39:11
YOU CAN ALSO SEE THE SIGNIFICANT 

[Captioner] 19:39:12
BREAKS IN MASSING TO ALLOW LIGHT 

[Captioner] 19:39:14
AND AIR INTO THE BUILDING AND TO 

[Captioner] 19:39:14
MINIMIZE ITS BULK.

[Captioner] 19:39:20
ON THE SCREEN NOW ARE RENDERINGS 

[Captioner] 19:39:22
OF THE RETAIL PHARMACY BUILDING, 

[Captioner] 19:39:23
WHICH WOULD BE ON THE MOWRY 

[Captioner] 19:39:24
AVENUE SIDE OF THE PROJECT.

[Captioner] 19:39:31
THE BUILDING FEATURES A

[Captioner] 19:39:34
 CLEAN DESIGN THAT WOULD HELP 

[Captioner] 19:39:36
ACTIVATE THE PUBLIC REALM AND 

[Captioner] 19:39:37
ENHANCE THE PEDESTRIAN 

[Captioner] 19:39:37
EXPERIENCE.

[Captioner] 19:39:41
AS DETAILED IN THE PLANNING 

[Captioner] 19:39:42
COMMISSION'S STAFF REPORT 

[Captioner] 19:39:43
EXHIBIT, STAFF FINDS THAT THE 

[Captioner] 19:39:45
PROJECT IS IN CONFORMANCE WITH 

[Captioner] 19:39:47
THE GENERAL PLAN, THE SITE'S 

[Captioner] 19:39:49
COMMUNITY PLAN, AND THE 

[Captioner] 19:39:51
APPLICABLE CITY CENTER ZONING 

[Captioner] 19:39:52
STANDARDS, INCLUDING THOSE 

[Captioner] 19:39:54
RELATED TO PARKING, OPEN SPACE, 

[Captioner] 19:39:54
SETBACKS AND BUILDING HEIGHT.

[Captioner] 19:39:57
A HOUSING DEVELOPMENT THAT IS 

[Captioner] 19:40:00
FOUND TO BE IN CONFORMANCE WITH 

[Captioner] 19:40:01
THE CITY'S GENERAL PLAN AND 

[Captioner] 19:40:02
ZONING ORDINANCE MUST BE 

[Captioner] 19:40:03
APPROVED IN ACCORDANCE WITH 

[Captioner] 19:40:03
STATE LAW.

[Captioner] 19:40:05
SPECIFICALLY, PURSUANT TO THE 

[Captioner] 19:40:10
HOUSING ACCOUNTABILITY ACT, OUR 

[Captioner] 19:40:10
PROPOSED HOUSING DEVELOPMENT 

[Captioner] 19:40:12
PROJECT THAT COMPLIES WITH 

[Captioner] 19:40:14
GENERAL PLAN ZONING AND 

[Captioner] 19:40:15
SUBDIVISION STANDARDS AND 

[Captioner] 19:40:17
CRITERIA INCLUDING DESIGN REVIEW 

[Captioner] 19:40:18
STANDARDS MAY NOT BE DISAPPROVED 

[Captioner] 19:40:20
OR CONDITIONED IN SUCH A WAY AS 

[Captioner] 19:40:21
TO REQUIRE DEVELOPMENT AT A 

[Captioner] 19:40:23
LOWER DENSITY UNLESS WRITTEN 

[Captioner] 19:40:25
FINDINGS SUPPORTED BY A 

[Captioner] 19:40:26
PREPONDERANCE OF THE EVIDENCE IN 

[Captioner] 19:40:27
THE RECORD SHOWS THAT THE 

[Captioner] 19:40:28
HOUSING DEVELOPMENT PROJECT 

[Captioner] 19:40:31
WOULD HAVE A SPECIFIC ADVERSE 

[Captioner] 19:40:33
IMPACT UPON PUBLIC HEALTH OR 

[Captioner] 19:40:35
SAFETY UNLESS THE PROJECT IS 

[Captioner] 19:40:36
DISAPPROVED OR CONDITIONED AT A 

[Captioner] 19:40:38
LOWER DENSITY, AND THERE IS NO 

[Captioner] 19:40:40
FEASIBLE METHOD TO 

[Captioner] 19:40:43
SATISFACTORILY MITIGATE OR VOID 

[Captioner] 19:40:45
THE IDENTIFIED ADVERSE IMPACT 

[Captioner] 19:40:46
OTHER THAN BY DISAPPROVING THE 

[Captioner] 19:40:48
PROJECT OR IMPOSING CONDITIONS 

[Captioner] 19:40:50
THAT REQUIRE DEVELOPMENT AT A 

[Captioner] 19:40:50
LOWER DENSITY.

[Captioner] 19:40:54
THE LEGISLATIVE INTENT OF THE 

[Captioner] 19:40:55
LAW INDICATES THAT THE 

[Captioner] 19:40:56
CONDITIONS THAT WOULD GIVE RISE 

[Captioner] 19:40:58
TO SUCH A SPECIFIC ADVERSE 

[Captioner] 19:41:00
IMPACT UPON PUBLIC HEALTH AND 

[Captioner] 19:41:04
SAFETY WOULD OCCUR 

[Captioner] 19:41:04
INFREQUENTLY.

[Captioner] 19:41:06
ADDITIONALLY, THE PROJECT HAS 

[Captioner] 19:41:08
PROTECTION UNDER THE HOUSING 

[Captioner] 19:41:09
CRISIS ACT, WHICH PLACES GREATER 

[Captioner] 19:41:12
LIMITS ON DISCRETIONARY REVIEW 

[Captioner] 19:41:14
OF HOUSING PROJECTS LIKE THIS BY 

[Captioner] 19:41:15
PROHIBITING REDUCTION OF AN 

[Captioner] 19:41:18
ALLOWED DENSITY OR INTENSITY OF 

[Captioner] 19:41:18
A HOUSING PROJECT.

[Captioner] 19:41:22
THE PROJECT WAS SUBJECT OF A 

[Captioner] 19:41:23
SB330 PRELIMINARY APPLICATION 

[Captioner] 19:41:27
FILING IN DECEMBER 2022 THAT 

[Captioner] 19:41:28
VESTS DENSITY, DEVELOPMENT AND 

[Captioner] 19:41:29
DESIGN STANDARDS THAT WERE IN 

[Captioner] 19:41:30
EFFECT AT THE TIME.

[Captioner] 19:41:35
THE PROJECT WAS FOUND TO BE 

[Captioner] 19:41:38
ELIGIBLE FOR NO FURTHER ZIKA 

[Captioner] 19:41:41
REVIEW PURSUANT TO CEQA 

[Captioner] 19:41:42
GUIDELINE 15183 BECAUSE THE 

[Captioner] 19:41:43
PROJECT IS FULLY CONSISTENT WITH 

[Captioner] 19:41:45
THE DEVELOPMENT DENSITY AND LAND 

[Captioner] 19:41:46
USE CHARACTERISTICS FOR THE SITE 

[Captioner] 19:41:47
AS ESTABLISHED IN THE GENERAL 

[Captioner] 19:41:49
PLAN AND ANALYZED IN THAT 

[Captioner] 19:41:50
GENERAL PLAN'S EIR.

[Captioner] 19:41:52
THE PROJECT IS FURTHER EXEMPT 

[Captioner] 19:41:54
FROM ADDITIONAL CEQA REVIEW 

[Captioner] 19:41:58
PURSUANT TO SECTIONS 15162 AND

[Captioner] 19:42:00
 15164 BECAUSE NONE OF THE 

[Captioner] 19:42:01
CIRCUMSTANCES CALLING FOR 

[Captioner] 19:42:02
PREPARATION OF ADDITIONAL CEQA 

[Captioner] 19:42:03
ANALYSIS HAVE OCCURRED.

[Captioner] 19:42:07
THESE CEQA DETERMINATIONS WERE 

[Captioner] 19:42:10
INFORMED IN PART BY SEVERAL 

[Captioner] 19:42:12
TOPIC SPECIFIC TECHNICAL 

[Captioner] 19:42:13
STUDIES, COMMISSIONED BY STAFF.

[Captioner] 19:42:16
ANALYSIS OF THESE STUDIES IS 

[Captioner] 19:42:19
INCLUDED IN THE DETAILED CEQA 

[Captioner] 19:42:20
CONSISTENCY CHECKLIST THAT WAS 

[Captioner] 19:42:21
ATTACHED AS AN EXHIBIT TO THE 

[Captioner] 19:42:22
COUNCIL REPORT.

[Captioner] 19:42:25
THE FINDINGS AND ANALYSIS OF 

[Captioner] 19:42:27
STAFF'S CEQA WORK WAS REVIEWED 

[Captioner] 19:42:29
BY SCOTT GREGORY OF 

[Captioner] 19:42:30
LAMPHIER-GREGORY, WHO IS ONE OF 

[Captioner] 19:42:31
THE CITY'S ENVIRONMENTAL 

[Captioner] 19:42:32
CONSULTANTS.

[Captioner] 19:42:35
MR. GREGORY FOUND THAT CEQA WAS 

[Captioner] 19:42:35
CORRECTLY APPLIED FOR THE 

[Captioner] 19:42:35
PROJECT.

[Captioner] 19:42:38
THE INFORMATION AND ARGUMENTS 

[Captioner] 19:42:40
THAT THE APPELLANT INCLUDED IN 

[Captioner] 19:42:41
THEIR APPEAL FILING AND IN THE 

[Captioner] 19:42:43
CORRESPONDENCE RECEIVED TODAY DO 

[Captioner] 19:42:44
NOT CHANGE STAFF'S POSITION THAT 

[Captioner] 19:42:46
THE CEQA DETERMINATIONS WERE 

[Captioner] 19:42:46
CORRECT.

[Captioner] 19:42:52
THIS PROJECT HAS TWICE BEEN 

[Captioner] 19:42:54
APPROVED AT PUBLIC HEARING.

[Captioner] 19:42:57
THE FIRST APPROVAL WAS AT THE 

[Captioner] 19:42:58
DECEMBER 2023 ZONING 

[Captioner] 19:42:58
ADMINISTRATOR HEARING.

[Captioner] 19:43:03
DURING THE 10-DAY POST-HEARING 

[Captioner] 19:43:06
APEOPLE PERIOD, THEY FILED A 

[Captioner] 19:43:06
QUALIFYING APPEAL.

[Captioner] 19:43:10
ON FEBRUARY 22ND, 2024, THE 

[Captioner] 19:43:11
PLANNING COMMISSION HEARD THE 

[Captioner] 19:43:13
APPEAL AND VOTED UNANIMOUSLY TO 

[Captioner] 19:43:16
DENY THE APPEAL AND UPHOLD THE 

[Captioner] 19:43:17
ZONING ADMINISTRATOR'S APPROVAL 

[Captioner] 19:43:18
OF THE PROJECT.

[Captioner] 19:43:21
A SECOND ADAMS BROAD WELL APPEAL 

[Captioner] 19:43:24
WAS FILED WITHIN 10 DAYS OF THAT 

[Captioner] 19:43:25
HEARING, WHICH BRINGS US TO 

[Captioner] 19:43:26
TODAY.

[Captioner] 19:43:27
THE APPEAL ASSERTS THAT THE 

[Captioner] 19:43:29
CITY'S CEQA DETERMINATIONS ARE 

[Captioner] 19:43:31
NOT SUPPORTED BY EVIDENCE IN THE 

[Captioner] 19:43:33
RECORD, AND THAT THE FINDINGS 

[Captioner] 19:43:36
NECESSARY TO APPROVE THE 

[Captioner] 19:43:38
PROJECT'S DISCRETIONARY DESIGN 

[Captioner] 19:43:39
REVIEW PERMIT CANNOT BE MADE.

[Captioner] 19:43:43
STAFF STANDS BY THE ANALYSIS 

[Captioner] 19:43:44
THAT WAS PREPARED AND PERMIT 

[Captioner] 19:43:44
FINDINGS.

[Captioner] 19:43:47
MR. GREGORY IS HERE WITH US 

[Captioner] 19:43:48
TONIGHT TO ASSIST WITH ANY 

[Captioner] 19:43:50
RESPONSES TO QUESTIONS YOU MAY 

[Captioner] 19:43:51
HAVE RELATED TO THE CEQA 

[Captioner] 19:43:51
MATTERS.

[Captioner] 19:43:54
I WILL NOW TURN THE PRESENTATION 

[Captioner] 19:43:56
OVER TO DONOVAN LAZARO, ECONOMIC 

[Captioner] 19:43:57
DEVELOPMENT DIRECTOR, TO SHARE 

[Captioner] 19:43:58
HIS VIEWS ON THE PROJECT.

[Captioner] 19:44:01
>> THANK YOU, MARK.

[Captioner] 19:44:05
WELL, TONIGHT'S ITEM IS FOCUSED 

[Captioner] 19:44:06
ON THE PROJECT'S ENVIRONMENTAL 

[Captioner] 19:44:06
APPEAL.

[Captioner] 19:44:11
I WOULD LIKE TO SHARE SOME

[Captioner] 19:44:12
 ADDITIONAL ECONOMIC DEVELOPMENT COMPONENTS.

[Captioner] 19:44:14
THE PROPOSED PROJECT IS THE 

[Captioner] 19:44:16
CULMINATION OF A LONG-HELD AND 

[Captioner] 19:44:19
BOLD VISION TO REIMAGINE HOW THE 

[Captioner] 19:44:20
FREMONT HUB CAN SUPPORT THE 

[Captioner] 19:44:23
COMMUNITY'S ASPIRATIONS FOR A 

[Captioner] 19:44:24
THRIVING AND VIBRANT URBAN 

[Captioner] 19:44:24
CORE.

[Captioner] 19:44:26
WITH THE MOMENTUM THAT WE HAVE 

[Captioner] 19:44:28
BEEN ABLE TO DEMONSTRATE WITH 

[Captioner] 19:44:30
PROJECTS LIKE CAPITOL SQUARE AND 

[Captioner] 19:44:31
THE RECENTLY COMPLETED FREMONT 

[Captioner] 19:44:33
BANK HEADQUARTERS, WE ARE NOW AT 

[Captioner] 19:44:37
A PIVOTAL TIME IN THE STORY OF 

[Captioner] 19:44:38
DOWNTOWN AND KIMCO HAS BEEN ABLE 

[Captioner] 19:44:40
TO MAKE THE INVESTMENT CASE FOR 

[Captioner] 19:44:41
THIS PROPOSED PROJECT.

[Captioner] 19:44:45
AT OVER $250 MILLION OF 

[Captioner] 19:44:47
INVESTMENT, THE PROPOSAL WOULD 

[Captioner] 19:44:49
CONSTITUTE A SUBSTANTIAL 

[Captioner] 19:44:50
UNDERTAKING THAT WOULD BE ONE OF 

[Captioner] 19:44:53
THE LARGEST INVESTMENTS IN 

[Captioner] 19:44:57
KIMCO'S HISTORY, CREATING A 

[Captioner] 19:44:57
MAJOR ECONOMIC LIFT FOR FREMONT.

[Captioner] 19:44:58
IMPORTANTLY, THE PROPOSED 

[Captioner] 19:45:00
PROJECT WOULD ALSO MAKE 

[Captioner] 19:45:02
SIGNIFICANT INVESTMENTS IN 

[Captioner] 19:45:03
FREMONT'S COMMUNITY 

[Captioner] 19:45:05
INFRASTRUCTURE, INCLUDING OVER 

[Captioner] 19:45:06
$4 MILLION FOR AFFORDABLE 

[Captioner] 19:45:10
HOUSING, OVER $6 MILLION FOR 

[Captioner] 19:45:11
PARKLANDS AS WELL AS SIGNIFICANT 

[Captioner] 19:45:13
CONTRIBUTIONS TO THE CITY'S 

[Captioner] 19:45:14
CAPITAL, FIRE AND TRANSPORTATION 

[Captioner] 19:45:16
FACILITIES AS WELL AS PUBLIC ART 

[Captioner] 19:45:16
PROGRAMS.

[Captioner] 19:45:18
ALL TOLD, OVER $11 MILLION.

[Captioner] 19:45:23
THE PROJECT WOULD ALSO CONTRACT 

[Captioner] 19:45:24
$8.6 MILLION IN DEVELOPMENT FEES 

[Captioner] 19:45:28
FOR FREMONT UNIFIED, ACWD, AND 

[Captioner] 19:45:28
UNION SANITARY DISTRICT.

[Captioner] 19:45:31
WHEN COMPLETED, THE PROJECT 

[Captioner] 19:45:34
WOULD BE EXPECTED TO GENERATE 

[Captioner] 19:45:35
APPROXIMATELY $2 MILLION IN NEW 

[Captioner] 19:45:38
ANNUAL PROPERTY TAX REVENUE, 

[Captioner] 19:45:39
SPLIT BETWEEN FUSD, THE COUNTY 

[Captioner] 19:45:40
OF ALAMEDA, AND THE CITY.

[Captioner] 19:45:46
IN ADDITION TO THE FISCAL AND 

[Captioner] 19:45:48
ECONOMIC CONTRIBUTIONS OF THE 

[Captioner] 19:45:51
PROJECT, THE PROPOSAL WOULD 

[Captioner] 19:45:52
SERVE AS A MAJOR CATALYST FOR 

[Captioner] 19:45:54
ACHIEVING COMMUNITY'S LONG HELD 

[Captioner] 19:45:55
DESIRE FOR A DOWNTOWN, 

[Captioner] 19:45:57
TRANSFORMING WHAT TODAY IS 

[Captioner] 19:45:59
PREDOMINANTLY SURFACE PARKING 

[Captioner] 19:46:00
AND OUTDATED LARGE FORMAT RETAIL 

[Captioner] 19:46:02
INTO HUNDREDS OF UNITS OF 

[Captioner] 19:46:05
WORKFORCE ORIENTED HOUSING AND A 

[Captioner] 19:46:08
ROW OF CONTEMPORARY GROUND FLOOR 

[Captioner] 19:46:08
COMMERCIAL SPACES.

[Captioner] 19:46:10
EACH NEW SPACE WOULD BE EQUIPPED 

[Captioner] 19:46:12
TO SUPPORT RESTAURANTS AND WITH 

[Captioner] 19:46:14
EXPANSIVE OUTDOOR SEATING AREAS, 

[Captioner] 19:46:17
WITH THE DESIRE TO CREATE A 

[Captioner] 19:46:19
RESTAURANT ROW AND EFFECTIVELY 

[Captioner] 19:46:20
EXTEND CAPITOL AVENUE'S MAIN 

[Captioner] 19:46:21
STREET FEEL INTO THE SHOPPING CENTER.

[Captioner] 19:46:25
THE HIGH QUALITY ALL ELECTRIC 

[Captioner] 19:46:26
PROJECT DESIGN WOULD SET A NEW 

[Captioner] 19:46:28
BAR FOR FREMONT, AND IS 

[Captioner] 19:46:30
REFLECTIVE OF BOTH KIMCO'S 

[Captioner] 19:46:32
EXPENSE SIEVE COMMUNICATION WITH 

[Captioner] 19:46:33
CITY STAFF AND THEIR DEEP 

[Captioner] 19:46:34
KNOWLEDGE OF THE RETAIL 

[Captioner] 19:46:34
INDUSTRY.

[Captioner] 19:46:35
WITH THAT, I WILL TURN IT BACK 

[Captioner] 19:46:36
OVER TO MARK.

[Captioner] 19:46:37
THANK YOU.

[Captioner] 19:46:40
>> THANKS, DONOVAN.

[Captioner] 19:46:42
SO IN SUMMARY, STAFF RECOMMENDS 

[Captioner] 19:46:44
THAT THE PLANNING COMMISSION 

[Captioner] 19:46:47
DENY THE APPEAL, AND UPHOLD THE 

[Captioner] 19:46:49
-- EXCUSE ME, STAFF RECOMMENDS 

[Captioner] 19:46:51
THAT THE CITY COUNCIL DENY THE 

[Captioner] 19:46:52
APPEAL AND UPHOLD THE PLANNING 

[Captioner] 19:46:54
COMMISSION'S APPROVAL OF THE 

[Captioner] 19:46:56
PROJECT'S DISCRETIONARY DESIGN 

[Captioner] 19:46:57
REVIEW PERMIT AND FIND THAT NO 

[Captioner] 19:46:58
FURTHER ENVIRONMENTAL REVIEW IS 

[Captioner] 19:46:59
REQUIRED FOR THE PROJECT.

[Captioner] 19:47:01
THAT CONCLUDES STAFF'S 

[Captioner] 19:47:02
PRESENTATION, AND I'M AVAILABLE 

[Captioner] 19:47:02
FOR ANY QUESTIONS.

[Captioner] 19:47:03
THANK YOU.

[Captioner] 19:47:08
>> Mayor Mei: THANK YOU FOR THE 

[Captioner] 19:47:08
PRESENTATION.

[Captioner] 19:47:10
AT THIS TIME, I WOULD LIKE TO 

[Captioner] 19:47:12
ASK IF THERE ARE ANY CLARIFYING 

[Captioner] 19:47:12
QUESTIONS FROM THE COUNCIL.

[Captioner] 19:47:20
COUNCILMEMBER COX, YOUR BUTTON 

[Captioner] 19:47:20
IS STILL PUSHED.

[Captioner] 19:47:21
IS THAT FROM BEFORE?

[Captioner] 19:47:22
>> Councilmember Cox: THAT'S 

[Captioner] 19:47:23
FROM BEFORE.

[Captioner] 19:47:23
>> Mayor Mei: OKAY.

[Captioner] 19:47:24
COUNCILMEMBER KASSAN.

[Captioner] 19:47:27
>> Councilmember Kassan: THANK 

[Captioner] 19:47:27
YOU.

[Captioner] 19:47:30
OKAY, A FEW QUESTIONS.

[Captioner] 19:47:32
SO I HEARD YOU SAY THE 

[Captioner] 19:47:33
APARTMENTS ARE GOING TO BE 

[Captioner] 19:47:34
MARKET RATE APARTMENTS.

[Captioner] 19:47:36
ARE THEY GOING TO BE 100% MARKET 

[Captioner] 19:47:40
RATE OR WILL THERE BE ANY 

[Captioner] 19:47:42
SETASIDE APARTMENTS FOR 

[Captioner] 19:47:42
AFFORDABLE?

[Captioner] 19:47:46
>> ALL THE UNITS WITHIN THE 

[Captioner] 19:47:47
PROJECT WOULD BE MARKET RATE.

[Captioner] 19:47:49
THERE ARE NO DEED-RESTRICTED 

[Captioner] 19:47:49
UNITS PROPOSED.

[Captioner] 19:47:51
>> Councilmember Kassan: GOT 

[Captioner] 19:47:51
IT.

[Captioner] 19:47:53
AND THEN I NOTICED IN THE 

[Captioner] 19:47:55
REPORT, THERE WAS A STUDY DONE 

[Captioner] 19:47:58
RELATED TO VEHICLE MILES 

[Captioner] 19:48:00
TRAVELED, BUT I JUST WONDERED IF 

[Captioner] 19:48:02
YOU COULD GIVE A LITTLE BIT MORE 

[Captioner] 19:48:05
COLOR TO ANY INFORMATION WE HAVE 

[Captioner] 19:48:06
ABOUT THE EFFECT THAT THIS 

[Captioner] 19:48:07
PROJECT WOULD HAVE ON TRAFFIC IN 

[Captioner] 19:48:08
THAT AREA.

[Captioner] 19:48:12
>> THANKS FOR THE QUESTION.

[Captioner] 19:48:15
SO THE CEQA METRIC RELATED TO 

[Captioner] 19:48:18
TRAFFIC IMPACTS IS VEHICLE MILES 

[Captioner] 19:48:20
TRAVELED, AND THIS PARTICULAR 

[Captioner] 19:48:23
LOCATION IS WITHIN A LOW VMD 

[Captioner] 19:48:24
AREA, AND SO IT'S PRESUMED TO 

[Captioner] 19:48:25
HAVE A LESS THAN SIGNIFICANT 

[Captioner] 19:48:28
IMPACT FROM A CEQA STANDPOINT.

[Captioner] 19:48:30
A TRANSPORTATION ANALYSIS WAS 

[Captioner] 19:48:32
PREPARED TO IDENTIFY WHAT THE 

[Captioner] 19:48:33
SERVICE LEVEL IMPACTS OF THE 

[Captioner] 19:48:36
PROJECT WOULD BE THAT WAS 

[Captioner] 19:48:39
OVERSEEN BY OUR TRANSPORTATION 

[Captioner] 19:48:41
DIVISION AND AS A RESULT OF THE 

[Captioner] 19:48:44
REVIEW OF THAT, THERE WERE NO 

[Captioner] 19:48:48
SIGNIFICANT CHANGES THAT WERE 

[Captioner] 19:48:48
DEEMED NECESSARY FOR CIRCULATION 

[Captioner] 19:48:50
IN THE AREA.

[Captioner] 19:48:50
>> Councilmember Kassan: OKAY.

[Captioner] 19:48:54
AND THEN ONE MORE QUESTION.

[Captioner] 19:48:58
SO THERE WAS A SITUATION A FEW 

[Captioner] 19:48:59
YEARS AGO WHERE THERE WAS A 

[Captioner] 19:49:00
SMALLER PROJECT PROPOSED THAT 

[Captioner] 19:49:03
WAS DEEMED NOT TO REQUIRE AN EIR 

[Captioner] 19:49:06
AND THE COMMUNITY ENDED UP SUING 

[Captioner] 19:49:08
THE DEVELOPER AND IT TURNED OUT 

[Captioner] 19:49:10
THE JUDGE RULED THAT THERE WAS 

[Captioner] 19:49:11
AN EIR REQUIRED.

[Captioner] 19:49:13
SO I'M JUST WONDERING IF WE 

[Captioner] 19:49:14
COULD GET A LITTLE MORE 

[Captioner] 19:49:16
INFORMATION AND POSSIBLY CITY 

[Captioner] 19:49:17
ATTORNEY ALVARADO MIGHT SHARE, 

[Captioner] 19:49:20
YOU KNOW, HOW DO WE -- HOW CAN 

[Captioner] 19:49:21
WE BE CERTAIN THAT WE'RE NOT 

[Captioner] 19:49:25
GOING TO JUST ULTIMATELY HAVE TO 

[Captioner] 19:49:29
DEAL WITH A LAWSUIT BECAUSE

[Captioner] 19:49:31
 WE'VE -- BY OUR CRITERIA, THIS 

[Captioner] 19:49:32
DOESN'T REQUIRE AN EIR BUT MAYBE 

[Captioner] 19:49:34
A JUDGE WOULD LOOK AT IT 

[Captioner] 19:49:34
DIFFERENTLY?

[Captioner] 19:49:43
>> WE CAN START AND THEN IF THE 

[Captioner] 19:49:44
CITY ATTORNEY WANTS TO WEIGH IN, 

[Captioner] 19:49:44
HE CAN WEIGH IN.

[Captioner] 19:49:47
BUT IN GENERAL, THE CITY DOES 

[Captioner] 19:49:48
THE ENVIRONMENTAL REVIEW LEVEL 

[Captioner] 19:49:50
THAT WE DETERMINE IS APPROPRIATE 

[Captioner] 19:49:51
BASED ON STATE LAW.

[Captioner] 19:49:55
WE'RE ACTUALLY INSTRUCTED BY THE 

[Captioner] 19:49:57
STATE TO FOLLOW THE STANDARD 

[Captioner] 19:49:58
THAT'S APPROPRIATE FOR THE 

[Captioner] 19:50:00
PROJECT, AND DOING MORE THAN 

[Captioner] 19:50:02
WHAT IS NECESSARY ISN'T THE 

[Captioner] 19:50:02
OBJECTIVE.

[Captioner] 19:50:07
AND SO IN THIS CASE, LOOKING AT 

[Captioner] 19:50:10
THE EXISTING ENVIRONMENTAL -- 

[Captioner] 19:50:14
THAT HAD BEEN DONE FOR THE PLAN 

[Captioner] 19:50:15
THAT WENT INTO OUR DOWNTOWN AND 

[Captioner] 19:50:17
CITY CENTER, WE FELT THE 

[Captioner] 19:50:18
ADDENDUM WAS THE APPROPRIATE 

[Captioner] 19:50:20
CEQA REVIEW LEVEL, AND THAT'S 

[Captioner] 19:50:20
WHY THAT'S BEFORE YOU.

[Captioner] 19:50:22
I DON'T KNOW IF THERE'S ANYTHING 

[Captioner] 19:50:23
ELSE THE CITY ATTORNEY WOULD 

[Captioner] 19:50:24
LIKE TO ADD.

[Captioner] 19:50:27
>> Cty. Attny. Alvarado: 

[Captioner] 19:50:27
BRIEFLY.

[Captioner] 19:50:29
THERE'S NEVER A GUARANTEE WE 

[Captioner] 19:50:33
WON'T BE SUED BASED ON AN

[Captioner] 19:50:36
 APPROVAL, IF -- AND STAFF'S 

[Captioner] 19:50:38
POSITION THERE IS AND CERTAINLY 

[Captioner] 19:50:39
WE'LL RESPOND TO QUESTIONS TO 

[Captioner] 19:50:40
DEMONSTRATE THAT THAT RECORD 

[Captioner] 19:50:41
EXISTS THIS EVENING.

[Captioner] 19:50:43
>> Councilmember Kassan: THANK 

[Captioner] 19:50:43
YOU.

[Captioner] 19:50:47
>> Mayor Mei: THANK YOU.

[Captioner] 19:50:48
NEXT IS VICE MAYOR SHAO.

[Captioner] 19:50:51
>> Vice Mayor Shao: THANK YOU, 

[Captioner] 19:50:51
MADAME MAYOR.

[Captioner] 19:50:52
MY QUESTION IS VERY SIMPLE IN 

[Captioner] 19:50:55
TERMS OF THE BENEFIT FROM THE 

[Captioner] 19:50:58
ECONOMIC POINT OF VIEW.

[Captioner] 19:51:02
IS THERE ANY ESTIMATE FOR THE 

[Captioner] 19:51:06
INCREASE OF SALES TAX REVENUE 

[Captioner] 19:51:08
AFTER THIS PROJECT IS DONE AND 

[Captioner] 19:51:10
THE BUSINESSES MOVE INTO THE 

[Captioner] 19:51:10
FIRST FLOOR?

[Captioner] 19:51:14
>> THANK YOU FOR YOUR QUESTION, 

[Captioner] 19:51:14
COUNCILMEMBER.

[Captioner] 19:51:18
IT'S HARD TO ESTIMATE THE SALES 

[Captioner] 19:51:21
TAX CONTRIBUTION JUST BECAUSE OF 

[Captioner] 19:51:24
THE POTENTIAL MIX OF DIFFERENT 

[Captioner] 19:51:25
TENANTS THAT COULD ULTIMATELY 

[Captioner] 19:51:28
OCCUPY THE GROUND FLOOR.

[Captioner] 19:51:31
WHAT WE DIDN'T CAPTURE HERE IS 

[Captioner] 19:51:33
THAT TYPICALLY WITH A MAJOR 

[Captioner] 19:51:34
DEVELOPMENT PROJECT, THERE'S 

[Captioner] 19:51:34
ACTUALLY LIKE A POINT OF SALE 

[Captioner] 19:51:36
FOR THE BUILDING MATERIALS.

[Captioner] 19:51:40
AND BECAUSE THERE ARE TENS OF 

[Captioner] 19:51:42
MILLIONS OF DOLLARS OF EXPENSES 

[Captioner] 19:51:43
FOR THOSE BUILDING MATERIALS, 

[Captioner] 19:51:44
THERE'S CERTAINLY SOME 

[Captioner] 19:51:46
OPPORTUNITY TO CAPTURE SOME OF 

[Captioner] 19:51:47
THAT ONE-TIME INVESTMENT.

[Captioner] 19:51:51
AND THEN WITH THE FULL BUILDOUT 

[Captioner] 19:51:52
AND LEASING OF THE PROJECT, WE 

[Captioner] 19:51:56
WOULD EXPECT TO HAVE MEANINGFUL 

[Captioner] 19:51:59
CONTRIBUTIONS FROM SALES TAX 

[Captioner] 19:52:00
PROBABLY IN THE LOW HUNDREDS OF 

[Captioner] 19:52:01
THOUSANDS FROM THE PROJECT.

[Captioner] 19:52:04
BUT IT WOULD BE HARD TO PUT A 

[Captioner] 19:52:06
SPECIFIC DOLLAR VALUE TO IT.

[Captioner] 19:52:06
>> Vice Mayor Shao: THANK YOU.

[Captioner] 19:52:08
>> Mayor Mei: THANK YOU.

[Captioner] 19:52:10
CLARIFYING QUESTIONS, 

[Captioner] 19:52:10
COUNCILMEMBER CAMPBELL.

[Captioner] 19:52:15
>> Councilmember Campbell: THANK 

[Captioner] 19:52:15
YOU FOR THE PRESENTATION.

[Captioner] 19:52:19
I HAVE A COUPLE OF QUESTIONS.

[Captioner] 19:52:21
IT GOES BACK TO THE EIR BECAUSE 

[Captioner] 19:52:23
THAT ACTUALLY IS THE NATURE OF 

[Captioner] 19:52:27
WHY WE ARE HERE TONIGHT, BECAUSE 

[Captioner] 19:52:28
THERE'S A DISPUTE ON WHETHER ONE 

[Captioner] 19:52:29
SHOULD OR SHOULD NOT BE DONE.

[Captioner] 19:52:33
SO I HAVE A COUPLE OF QUESTIONS 

[Captioner] 19:52:34
THAT'S PART OF THE RESOLUTION.

[Captioner] 19:52:39
ONE OF THEM SAYS THAT THE URBAN 

[Captioner] 19:52:41
NEIGHBORHOOD ZONING DISTRICT 

[Captioner] 19:52:43
FOUND THAT NO FURTHER 

[Captioner] 19:52:45
ENVIRONMENTAL REVIEW IS REQUIRED 

[Captioner] 19:52:51
FOR THE PROJECT PURSUANT TO CEQA

[Captioner] 19:52:53
 SECTION 15.183 AS THE PROJECT 

[Captioner] 19:52:57
IS CONSISTENT WITH THE DENSITY 

[Captioner] 19:52:58
ESTABLISHED BY THE GENERAL PLAN 

[Captioner] 19:53:00
FOR WHICH AN ENVIRONMENTAL 

[Captioner] 19:53:02
IMPACT REPORT WAS PREVIOUSLY 

[Captioner] 19:53:03
PREPARED AND CERTIFIED.

[Captioner] 19:53:06
DOES THAT MEAN THAT IT WAS THE 

[Captioner] 19:53:09
ONE THAT WAS PREPARED IN 2013, I 

[Captioner] 19:53:09
THINK IT WAS?

[Captioner] 19:53:15
IS THAT WHAT THAT MEANS?

[Captioner] 19:53:16
>> THANK YOU FOR THE QUESTION.

[Captioner] 19:53:19
SO THE GENERAL PLAN UPDATE THAT 

[Captioner] 19:53:22
TOOK PLACE IN 2011 HAD A 

[Captioner] 19:53:23
CORRESPONDING PROGRAMMATIC EIR 

[Captioner] 19:53:28
THAT EVALUATED THE IMPACTS OF 

[Captioner] 19:53:31
BUILDOUT IN ACCORDANCE WITH THE 

[Captioner] 19:53:32
CHANGES TO SORT OF LAND USE 

[Captioner] 19:53:33
POLICY THAT WERE WITHIN THAT 

[Captioner] 19:53:33
UPDATE.

[Captioner] 19:53:37
SO THE PROJECT WAS EVALUATED 

[Captioner] 19:53:40
BASED UPON THOSE IDENTIFIED AND 

[Captioner] 19:53:43
DISCLOSED IMPACTS, AND WITH THE 

[Captioner] 19:53:44
STUDIES THAT WERE PREPARED WITH 

[Captioner] 19:53:45
THE PROJECT, IT WAS FOUND THAT 

[Captioner] 19:53:47
THERE WERE NO ADDITIONAL IMPACTS 

[Captioner] 19:53:48
BEYOND THOSE THAT WERE 

[Captioner] 19:53:50
PREVIOUSLY IDENTIFIED, AND, 

[Captioner] 19:53:52
THEREFORE, NO FURTHER CEQA WAS 

[Captioner] 19:53:54
REQUIRED FOR THIS PROJECT.

[Captioner] 19:53:55
>> Councilmember Campbell: I 

[Captioner] 19:53:55
GUESS THAT'S MY QUESTION.

[Captioner] 19:53:57
PREVIOUSLY IDENTIFIED.

[Captioner] 19:53:58
WHAT DOES THAT MEAN?

[Captioner] 19:54:00
THAT SOMETHING -- THAT THERE 

[Captioner] 19:54:02
WERE SOME TYPE OF AN 

[Captioner] 19:54:03
ENVIRONMENTAL IMPACT AT THE TIME 

[Captioner] 19:54:04
OR NO?

[Captioner] 19:54:06
>> YEAH, SO THAT GENERAL PLAN 

[Captioner] 19:54:10
UPDATE EIR DID IDENTIFY 

[Captioner] 19:54:12
SIGNIFICANT IMPACTS THAT WOULD 

[Captioner] 19:54:14
BE BORN OUT OF IMPLEMENTATION OF 

[Captioner] 19:54:17
THE GENERAL PLAN, WHICH WOULD 

[Captioner] 19:54:19
COME IN THE FORM OF FUTURE 

[Captioner] 19:54:20
DEVELOPMENT THAT WAS IN 

[Captioner] 19:54:21
ACCORDANCE WITH THE POLICIES AND 

[Captioner] 19:54:24
LAND USE CHANGES THAT INCLUDED 

[Captioner] 19:54:27
-- SO THERE WERE MITIGATION 

[Captioner] 19:54:28
MEASURES, AND THIS PROJECT IS 

[Captioner] 19:54:30
SUBJECT TO THOSE SAME MITIGATION 

[Captioner] 19:54:31
MEASURES AS WELL AS THE STANDARD 

[Captioner] 19:54:32
DEVELOPMENT REQUIREMENTS THAT WE 

[Captioner] 19:54:34
HAVE WITHIN OUR CODE THAT 

[Captioner] 19:54:37
ADDRESS THINGS LIKE CONSTRUCTION 

[Captioner] 19:54:39
PERIOD NOISE, CONSTRUCTION 

[Captioner] 19:54:40
PERIOD VIBRATION, CONSTRUCTION 

[Captioner] 19:54:41
PERIOD AIR QUALITY IMPACTS AND 

[Captioner] 19:54:42
SO FORTH.

[Captioner] 19:54:43
>> Councilmember Campbell: 

[Captioner] 19:54:43
OKAY.

[Captioner] 19:54:47
SO DO THOSE ENVIRONMENTAL 

[Captioner] 19:54:48
IMPACTS CHANGE OVER TIME?

[Captioner] 19:54:50
OR DO THEY STAY CONSISTENT?

[Captioner] 19:54:54
SO SINCE THIS WAS 2011, AND 

[Captioner] 19:54:58
WE'RE IN 2024 NOW, 13 YEARS 

[Captioner] 19:55:01
LATER, ARE THERE ANY MITIGATING 

[Captioner] 19:55:04
FACTORS WITH TIME CHANGE THAT 

[Captioner] 19:55:06
MAY IMPACT THE ENVIRONMENT, 

[Captioner] 19:55:08
PARTICULARLY IN THAT AREA IF THE 

[Captioner] 19:55:12
BUILDING, LET SAY, IS 30 YEARS 

[Captioner] 19:55:14
OLD, PERHAPS IT MAY -- IT MAY 

[Captioner] 19:55:17
HAVE ASBESTOS OR SOME OTHER 

[Captioner] 19:55:18
ENVIRONMENTAL CONCERNS.

[Captioner] 19:55:19
DOES THAT CHANGE OVER TIME?

[Captioner] 19:55:25
>> I CAN SPEAK TO THAT, AND I 

[Captioner] 19:55:26
THINK THE ANSWER IS ACTUALLY 

[Captioner] 19:55:30
WRAPPED UP IN THAT 15162 AND 

[Captioner] 19:55:30
15164.

[Captioner] 19:55:32
IN THIS PARTICULAR PART OF THE 

[Captioner] 19:55:34
 RESOLUTION, IT DOESN'T EXPLAIN 

[Captioner] 19:55:36
WHAT THOSE ARE, BUT WHAT THOSE 

[Captioner] 19:55:37
ARE, THEY'RE TESTS IN CEQA TO 

[Captioner] 19:55:39
DETERMINE IF CHANGES HAVE 

[Captioner] 19:55:39
OCCURRED.

[Captioner] 19:55:42
AND SO YES, OVER TIME, THINGS DO 

[Captioner] 19:55:42
CHANGE SOMETIMES.

[Captioner] 19:55:45
IN THIS CASE, WE'VE FOUND 

[Captioner] 19:55:47
THROUGH THE ANALYSIS THAT WE 

[Captioner] 19:55:48
DON'T BELIEVE THEY HAVE CHANGED 

[Captioner] 19:55:50
TO A POINT WHERE WE CAN NO 

[Captioner] 19:55:52
LONGER RELY ON THAT EIR.

[Captioner] 19:55:53
>> Councilmember Campbell: I 

[Captioner] 19:55:53
SEE.

[Captioner] 19:55:55
AND THEN ONE OF THE OTHER 

[Captioner] 19:55:57
COMPONENTS OF THE COMPLAINT THAT 

[Captioner] 19:56:00
I WAS READING IS THE NOISE 

[Captioner] 19:56:01
IMPACT, THE IMPACT OF NOISE.

[Captioner] 19:56:04
AND THERE WAS SOME ALLEGATION 

[Captioner] 19:56:09
THAT THERE WAS NO STUDY

[Captioner] 19:56:10
 DONE AROUND THE NOISE, 

[Captioner] 19:56:13
PARTICULARLY GIVEN THE PROXIMITY 

[Captioner] 19:56:13
TO KAISER.

[Captioner] 19:56:16
AND WHAT THAT MIGHT BE FOR 

[Captioner] 19:56:17
PATIENTS THAT ARE IN THE 

[Captioner] 19:56:17
HOSPITAL.

[Captioner] 19:56:21
CAN YOU SPEAK TO THAT?

[Captioner] 19:56:21
THAT'S A QUESTION.

[Captioner] 19:56:23
I WAS SUPPOSED TO BE ASKING 

[Captioner] 19:56:24
QUESTIONS, I'M SORRY.

[Captioner] 19:56:27
SO THE QUESTION IS, WAS THERE A 

[Captioner] 19:56:30
NOISE IMPACT THAT MAY HAVE AN 

[Captioner] 19:56:31
IMPACT ON KAISER?

[Captioner] 19:56:33
>> THAT QUESTION, I BELIEVE 

[Captioner] 19:56:34
WOULD BE MOST APPROPRIATE FOR 

[Captioner] 19:56:36
THE NEXT ITEM, WHICH IS THE 

[Captioner] 19:56:38
APPEAL OF THE GATEWAY PLAZA 

[Captioner] 19:56:38
PROJECT.

[Captioner] 19:56:39
>> Councilmember Campbell: OKAY, 

[Captioner] 19:56:40
I'LL SAVE IT UNTIL THEN.

[Captioner] 19:56:42
ALL RIGHT.

[Captioner] 19:56:46
AND THEN I THINK THERE WAS -- I 

[Captioner] 19:56:50
HAD ONE OTHER QUESTION

[Captioner] 19:56:51
 ABOUT -- NOPE, I'M GOOD FOR 

[Captioner] 19:56:51
NOW.

[Captioner] 19:56:52
THANK YOU.

[Captioner] 19:56:57
>> Mayor Mei: THANK YOU.

[Captioner] 19:56:58
COUNCILMEMBER COX, JUST TO 

[Captioner] 19:56:59
CLARIFY THAT WE'RE TALKING RIGHT 

[Captioner] 19:57:01
NOW ABOUT -- THERE ARE TWO 

[Captioner] 19:57:01
APPEAL ITEMS THIS EVENING.

[Captioner] 19:57:06
THIS ONE IS FOR THE FREMONT HUB,

[Captioner] 19:57:07
 ARGONAUT WAY.

[Captioner] 19:57:09
COUNCILMEMBER COX, YOU HAVE 

[Captioner] 19:57:09
CLARIFYING QUESTIONS?

[Captioner] 19:57:10
>> Councilmember Cox: YES.

[Captioner] 19:57:12
I WOULD LIKE TO FIND OUT, FIRST 

[Captioner] 19:57:16
I DID MEET WITH KIMCO, I'D LIKE

[Captioner] 19:57:17
 TO DISCLOSE THAT.

[Captioner] 19:57:21
MY QUESTION IS, WAS THERE YOU

[Captioner] 19:57:24
 ANY THOUGHT IN TERMS OF 

[Captioner] 19:57:26
AFFORDABLE HOUSING, BECAUSE I 

[Captioner] 19:57:29
THOUGHT THAT THAT WAS ALWAYS 

[Captioner] 19:57:30
SOMETHING OF CONSIDERATION AND 

[Captioner] 19:57:32
WOULD THE DEVELOPER BE WILLING 

[Captioner] 19:57:34
TO CONSIDER PUTTING IN FOR 

[Captioner] 19:57:36
AFFORDABLE HOUSING AT THIS 

[Captioner] 19:57:36
POINT?

[Captioner] 19:57:43
>> PERHAPS KIMCO COULD RESPOND 

[Captioner] 19:57:43
TO THAT.

[Captioner] 19:57:45
>> Councilmember Cox: WAIT UNTIL 

[Captioner] 19:57:45
THEY COME, YES.

[Captioner] 19:57:47
>> I CAN SPEAK TO THE AFFORDABLE 

[Captioner] 19:57:48
HOUSING REQUIREMENT, THOUGH, 

[Captioner] 19:57:49
THAT WOULD BE APPLICABLE TO THIS 

[Captioner] 19:57:49
PROJECT.

[Captioner] 19:57:55
SO FOR

[Captioner] 19:57:57
 A -- AFFORDABLE HOUSING 

[Captioner] 19:57:58
ORDINANCE HAS A BASIC 

[Captioner] 19:58:01
REQUIREMENT OF 10% ON-SITE 

[Captioner] 19:58:01
AFFORDABILITY, MEANING 10% OF 

[Captioner] 19:58:04
THE PROJECT UNITS WOULD BE 

[Captioner] 19:58:06
DEED-RESTRICTED, OR THERE'S AN 

[Captioner] 19:58:08
ALTERNATIVE TO PAY AN IN LIEU 

[Captioner] 19:58:09
FEE, AND THAT IS WHAT THE 

[Captioner] 19:58:11
APPLICANT IS PROPOSING TO DO FOR 

[Captioner] 19:58:11
THIS PROJECT.

[Captioner] 19:58:16
>> Councilmember Cox: SO IF I 

[Captioner] 19:58:17
UNDERSTOOD YOU CORRECTLY, YOU 

[Captioner] 19:58:19
SAID THE APPLICANT HAS PUT IN 

[Captioner] 19:58:22
FOR IN LIEU.

[Captioner] 19:58:23
>> THAT IS CORRECT, THE 

[Captioner] 19:58:24
APPLICANT IS PROPOSING TO PAY IN 

[Captioner] 19:58:27
LIEU FEES RATHER THAN PROVIDE 

[Captioner] 19:58:28
ON-SITE AFFORDABILITY AT THAT 

[Captioner] 19:58:31
10% RATE REQUIRED BY CODE.

[Captioner] 19:58:33
>> Planner Pullen: AND I DO WANT 

[Captioner] 19:58:34
TO CLARIFY TO MARK'S COMMENT 

[Captioner] 19:58:37
THAT BOTH ARE OPTIONS FOR 

[Captioner] 19:58:38
COMPLIANCE WITH OUR CODE.

[Captioner] 19:58:40
SO AT THE APPLICANT'S OPTION, 

[Captioner] 19:58:43
THEY CAN DO ONE OR THE OTHER AND 

[Captioner] 19:58:45
BOTH BE COMPLIANT OBJECTIVELY 

[Captioner] 19:58:46
WITH OUR STANDARDS.

[Captioner] 19:58:49
>> Councilmember Cox: DOES THAT 

[Captioner] 19:58:51
EVER SPELL ANYTHING MORE 

[Captioner] 19:58:52
SPECIFIC, DOES IT SHOW 

[Captioner] 19:58:53
CATEGORIES OF ALOHA INCOME OR 

[Captioner] 19:58:56
LOW INCOME, DOES IT BREAK IT OUT 

[Captioner] 19:58:58
INTO THAT DETAIL WITH THAT 10% 

[Captioner] 19:58:58
NUMBER?

[Captioner] 19:59:00
>> I CAN'T SPEAK TO THAT, I 

[Captioner] 19:59:01
DON'T HAVE THOSE NUMBERS IN 

[Captioner] 19:59:03
FRONT OF ME, BUT PERHAPS 

[Captioner] 19:59:06
AFFORDABLE HOUSING STAFF COULD 

[Captioner] 19:59:08
-- I DON'T KNOW IF DAN WOULD BE 

[Captioner] 19:59:08
PREPARED TO GIVE THAT 

[Captioner] 19:59:08
INFORMATION.

[Captioner] 19:59:21
>> Councilmember Cox: BUT THERE 

[Captioner] 19:59:23
IS SOMETHING CALLED OUT TO THE 

[Captioner] 19:59:24
DIFFERENT LEVELS IS WHAT I'M 

[Captioner] 19:59:25
JUST TRYING TO SECURE AND A 

[Captioner] 19:59:25
UNDERSTAND.

[Captioner] 19:59:28
>> Mayor Mei: WE HAD OUR HOUSING 

[Captioner] 19:59:28
--

[Captioner] 19:59:30
>> SO OUR ON-SITE AFFORDABILITY 

[Captioner] 19:59:31
REQUIREMENT, IF YOU CHOOSE TO DO 

[Captioner] 19:59:35
THE BASIC REQUIREMENT, THERE IS 

[Captioner] 19:59:36
A RANGE.

[Captioner] 19:59:37
I DO NOT KNOW SPECIFICALLY WHAT 

[Captioner] 19:59:39
THE RANGE IS FOR A RENTAL 

[Captioner] 19:59:39
DEVELOPMENT.

[Captioner] 19:59:39
SORRY.

[Captioner] 19:59:40
BUT THERE IS A RANGE.

[Captioner] 19:59:41
>> Councilmember Cox: BUT THERE 

[Captioner] 19:59:42
IS A RANGE, OKAY.

[Captioner] 19:59:43
JUST AS LONG AS I KNOW THERE'S A 

[Captioner] 19:59:43
RANGE.

[Captioner] 19:59:44
THANK YOU.

[Captioner] 19:59:46
>> Mayor Mei: THANK YOU.

[Captioner] 19:59:48
CLARIFYING QUESTIONS, 

[Captioner] 19:59:48
COUNCILMEMBER SALWAN.

[Captioner] 19:59:52
AND JUST TO LET PEOPLE KNOW, 

[Captioner] 19:59:54
TONIGHT'S AGENDA IS NOT 

[Captioner] 19:59:55
NECESSARILY THE PROJECT BUT THE 

[Captioner] 19:59:57
APPEAL OF THE PROJECT AND CEQA.

[Captioner] 19:59:57
THANK YOU.

[Captioner] 19:59:58
COUNCILMEMBER SALWAN.

[Captioner] 19:59:59
>> Councilmember Salwan: THANK 

[Captioner] 19:59:59
YOU.

[Captioner] 20:00:01
THERE'S ALSO SOME MENTION ABOUT 

[Captioner] 20:00:04
SOME KIND OF I GETS OPEN-ENDED 

[Captioner] 20:00:04
AGREEMENT OR THERE'S SOME 

[Captioner] 20:00:05
CONCERN ABOUT THAT.

[Captioner] 20:00:07
COULD STAFF EXPLAIN THAT?

[Captioner] 20:00:16
I SAW A LETTER COME IN TODAY 

[Captioner] 20:00:17
ABOUT -- THE REIMBURSEMENT.

[Captioner] 20:00:18
>> Councilmember Cox: THE 

[Captioner] 20:00:19
REIMBURSEMENT AGREEMENT.

[Captioner] 20:00:21
>> THE REIMBURSEMENT AGREEMENT 

[Captioner] 20:00:24
IS A TOPIC OF CONCERN STATED IN 

[Captioner] 20:00:26
THE APPELLANT'S LETTER THAT WAS 

[Captioner] 20:00:28
RECEIVED TODAY, AND ALSO IN 

[Captioner] 20:00:29
PREVIOUS ITERATIONS OF THE 

[Captioner] 20:00:29
LETTER.

[Captioner] 20:00:31
AND SO THE CONCERNS EXPRESSED BY 

[Captioner] 20:00:35
THE APPELLANT IS THAT THEY DON'T 

[Captioner] 20:00:39
BELIEVE THE COST THAT

[Captioner] 20:00:42
 THE CITY REQUIRES THEM TO BEAR 

[Captioner] 20:00:45
TO START AN APPEAL IS 

[Captioner] 20:00:46
APPROPRIATE FOR VARIOUS 

[Captioner] 20:00:46
REASONS.

[Captioner] 20:00:48
THE FIRST IS WE'VE REVIEWED OUR 

[Captioner] 20:00:49
FRAMEWORK AND WE THINK THAT OUR 

[Captioner] 20:00:51
FRAMEWORK IS IN CONFORMANCE WITH 

[Captioner] 20:00:52
THE APPLICABLE LAWS.

[Captioner] 20:00:54
THE SECOND IS THAT THAT'S 

[Captioner] 20:00:55
ACTUALLY THE PROCEDURE FOR 

[Captioner] 20:00:56
CHALLENGING THOSE FEES IS 

[Captioner] 20:00:59
THROUGH A SEPARATE PROCESS, AND 

[Captioner] 20:01:00
NOT BEFORE THE COUNCIL TONIGHT.

[Captioner] 20:01:02
>> Councilmember Salwan: OKAY.

[Captioner] 20:01:03
THANK YOU.

[Captioner] 20:01:03
>> Mayor Mei: THANK YOU.

[Captioner] 20:01:07
CLARIFYING QUESTIONS, 

[Captioner] 20:01:07
COUNCILMEMBER CAMPBELL, DO YOU 

[Captioner] 20:01:08
HAVE ANOTHER ONE?

[Captioner] 20:01:10
>> Councilmember Campbell: NO, I 

[Captioner] 20:01:11
FORGOT TO DO WHAT I WAS ASKED TO 

[Captioner] 20:01:11
DO.

[Captioner] 20:01:14
I WAS ASKED TO MAKE SURE THAT I 

[Captioner] 20:01:16
SAID THAT I, TOO, HAD MET WITH 

[Captioner] 20:01:19
THE DEVELOPERS AND GOT A BRIEF 

[Captioner] 20:01:20
OVERVIEW OF BOTH OF THESE 

[Captioner] 20:01:20
PROJECTS.

[Captioner] 20:01:20
OKAY.

[Captioner] 20:01:20
THANK YOU.

[Captioner] 20:01:21
>> Mayor Mei: THANK YOU.

[Captioner] 20:01:29
AT THIS TIME, THANK YOU FOR ALL 

[Captioner] 20:01:30
THE CLARIFYING QUESTIONS.

[Captioner] 20:01:32
THE APPELLANT WILL HAVE A 

[Captioner] 20:01:33
PRESENTATION, AND THEY HAVE 10 

[Captioner] 20:01:33
MINUTES.

[Captioner] 20:01:42
IF YOU WOULD LIKE TO BRING THEM 

[Captioner] 20:01:43
UP, THAT WOULD BE WONDERFUL.

[Captioner] 20:01:48
I THINK REPRESENTING THE 

[Captioner] 20:01:49
APPELLANT WILL BE ARIANA 

[Captioner] 20:01:51
ABEDIFARD WHO WILL PROVIDE AN OVERVIEW.

[Captioner] 20:01:51
>> GOOD EVENING.

[Captioner] 20:01:54
MY NAME IS ARIANA ABEDIFARD, AN 

[Captioner] 20:01:55
ATTORNEY REPRESENTING EAST BAY 

[Captioner] 20:01:56
RESIDENTS FOR RESPONSIBLE 

[Captioner] 20:01:58
DEVELOPMENT OR EAST BAY 

[Captioner] 20:01:58
RESIDENTS.

[Captioner] 20:02:01
FIRST, WE'D LIKE TO RESPECTFULLY 

[Captioner] 20:02:03
REQUEST THAT THE CITY COUNCIL 

[Captioner] 20:02:05
CONTINUE TONIGHT'S HEARING BY AT 

[Captioner] 20:02:06
LEAST 60 DAYS TO ALLOW THE CITY 

[Captioner] 20:02:08
TO RESPOND TO THE ISSUES RAISED 

[Captioner] 20:02:10
IN OUR APPEAL AND TO ALLOW EAST 

[Captioner] 20:02:13
BAY RESIDENTS TO COMPLETE ITS 

[Captioner] 20:02:15
INVESTIGATION INTO THE CITY'S 

[Captioner] 20:02:16
ILLEGAL REIMBURSEMENT POLICY 

[Captioner] 20:02:20
WHICH IS BEING USED TO INVOICE 

[Captioner] 20:02:21
APPELLANTS FOR STAFF TIME 

[Captioner] 20:02:23
RELATING TO ITS CITY COUNCIL AND 

[Captioner] 20:02:24
PLANNING COMMISSION APPEALS.

[Captioner] 20:02:26
EAST BAY RESIDENCE IS AN 

[Captioner] 20:02:28
ASSOCIATION OF LOCAL RESIDENTS 

[Captioner] 20:02:29
AND LABOR ORGANIZATIONS WHOSE 

[Captioner] 20:02:30
MEMBERS LIVE, WORK AND RAISE 

[Captioner] 20:02:33
THEIR FAMILIES IN FREMONT AND 

[Captioner] 20:02:33
ALAMEDA COUNTY.

[Captioner] 20:02:35
THEY WILL BE ADVERSELY AFFECTED 

[Captioner] 20:02:37
BY THE PUBLIC HEALTH AND 

[Captioner] 20:02:38
ENVIRONMENTAL IMPACTS OF THIS 

[Captioner] 20:02:40
PROJECT UNLESS PROPER 

[Captioner] 20:02:42
ENVIRONMENTAL REVIEW IS 

[Captioner] 20:02:43
CONDUCTED PURSUANT TO THE 

[Captioner] 20:02:45
CALIFORNIA ENVIRONMENTAL QUALITY 

[Captioner] 20:02:45
ACT, OR CEQA.

[Captioner] 20:02:49
THE APPEAL HAS TWO BASES.

[Captioner] 20:02:52
FIRST, EAST BAY RESIDENTS ASK 

[Captioner] 20:02:54
THAT THE CITY COUNCIL UPHOLD THE 

[Captioner] 20:02:56
APPEAL AND REQUIRE STAFF TO 

[Captioner] 20:03:00
PREPARE A PROJECT-LEVEL

[Captioner] 20:03:01
 CEQA ENVIRONMENTAL IMPACT 

[Captioner] 20:03:03
REPORT OR EIR TO ADDRESS THE 

[Captioner] 20:03:04
PROJECT'S SIGNIFICANT 

[Captioner] 20:03:05
ENVIRONMENTAL IMPACTS THAT ARE 

[Captioner] 20:03:06
PECULIAR TO THE PROJECT, HAVE 

[Captioner] 20:03:08
NOT BEEN FULLY DISCLOSED TO THE 

[Captioner] 20:03:10
PUBLIC AND ARE NOT ADEQUATELY 

[Captioner] 20:03:12
MITIGATED BY EXISTING MITIGATION 

[Captioner] 20:03:14
MEASURES AND STANDARD 

[Captioner] 20:03:14
DEVELOPMENT REQUIREMENTS 

[Captioner] 20:03:16
DESCRIBED IN THE CEQA 

[Captioner] 20:03:16
CHECKLIST.

[Captioner] 20:03:18
THESE INCLUDE SIGNIFICANT AIR 

[Captioner] 20:03:21
QUALITY IMPACTS FROM REACTIVE 

[Captioner] 20:03:23
ORGANIC COMPOUND EMISSIONS AND 

[Captioner] 20:03:25
CONSTRUCTION NOISE AND VIBRATION 

[Captioner] 20:03:25
IMPACTS.

[Captioner] 20:03:28
SECOND, THE APPEAL ASKS CITY 

[Captioner] 20:03:29
COUNCIL TO DIRECT THE CITY 

[Captioner] 20:03:31
MANAGER TO VOID THE 

[Captioner] 20:03:33
REIMBURSEMENT AGREEMENT AND 

[Captioner] 20:03:34
ASSOCIATED INVOICE RECEIVED AS A 

[Captioner] 20:03:36
RESULT OF EAST BAY RESIDENTS' 

[Captioner] 20:03:38
APPEAL AS THE PRACTICE OF 

[Captioner] 20:03:41
REQUIRING APPELLANTS TO SIGN AN 

[Captioner] 20:03:42
OPEN-ENDED REIMBURSEMENT 

[Captioner] 20:03:43
AGREEMENT IS A DUE PROCESS 

[Captioner] 20:03:45
VIOLATION CONTRARY TO STATE LAW 

[Captioner] 20:03:46
AND AGAINST PUBLIC POLICY.

[Captioner] 20:03:49
I WILL ADDRESS THESE TWO BASES 

[Captioner] 20:03:50
IN TURN MORE SPECIFICALLY.

[Captioner] 20:03:55
FIRST I'LL ADDRESS THE 

[Captioner] 20:03:55
CEQA-RELATED ISSUES.

[Captioner] 20:03:59
THE CITY IS RELYING ON CEQA 

[Captioner] 20:04:00
STREAMLINING RELATING TO THE 

[Captioner] 20:04:03
2011 GENERAL PLAN EIR AND 2015 

[Captioner] 20:04:05
CITY CENTER COMMUNITY PLAN EIR 

[Captioner] 20:04:07
TO PROVIDE PREPARING AN EIR FOR 

[Captioner] 20:04:08
THE PROJECT.

[Captioner] 20:04:11
HOWEVER, THE CEQA CHECKLIST DOES 

[Captioner] 20:04:13
NOT ACCURATELY DISCLOSE THE 

[Captioner] 20:04:14
SEVERITY OF THE PROJECT'S 

[Captioner] 20:04:15
ENVIRONMENTAL IMPACTS AND THE 

[Captioner] 20:04:17
MITIGATION MEASURES PROPOSED FOR 

[Captioner] 20:04:20
THE PRIOR EIRs DO NOT 

[Captioner] 20:04:20
SUBSTANTIALLY MITIGATE THE 

[Captioner] 20:04:24
PROJECT IMPACTS BY CEQA.

[Captioner] 20:04:26
THE CITY'S MORE RECENT STANDARD 

[Captioner] 20:04:27
DEVELOPMENT REQUIREMENTS ADD 

[Captioner] 20:04:28
ADDITIONAL MITIGATION BUT ALSO 

[Captioner] 20:04:30
DO NOT ADDRESS THE SPECIFIC 

[Captioner] 20:04:32
IMPACTS ATISH YOU'LL IN THIS 

[Captioner] 20:04:32
APPEAL.

[Captioner] 20:04:34
THESE IMPACTS INCLUDE AIR 

[Captioner] 20:04:35
QUALITY AND NOISE IMPACTS.

[Captioner] 20:04:39
FIRST WITH RESPECT TO AIR 

[Captioner] 20:04:40
QUALITY, THE CITY PREPARED AB 

[Captioner] 20:04:43
AIR QUALITY ANALYSIS FOR THE 

[Captioner] 20:04:44
PROJECT'S CONSTRUCTION AND 

[Captioner] 20:04:45
OPERATIONAL EMISSIONS WHICH 

[Captioner] 20:04:47
CONCLUDED THAT THE IMPACTS WERE 

[Captioner] 20:04:48
LESS THAN SIGNIFICANT.

[Captioner] 20:04:50
HOWEVER, OUR EXPERTS FOUND THAT 

[Captioner] 20:04:53
THE CONSTRUCTION-RELATED REEK 

[Captioner] 20:04:58
ACTIVE ORGANIC COMPOUND OR WOULD

[Captioner] 20:05:00
 BE APPROXIMATELY 158.8 POWNTDZ 

[Captioner] 20:05:03
PER DAY, FAR ECK SIDING THE 

[Captioner] 20:05:06
APPLICABLE AIR QUALITY DISTRICT 

[Captioner] 20:05:07
THRESHOLD OF 54 POUNDS PER DAY.

[Captioner] 20:05:10
THIS IMPACT IS SIG TO THE 

[Captioner] 20:05:12
PROJECT, CONSTITUTES NEW 

[Captioner] 20:05:13
INFORMATIONING ABOUT A 

[Captioner] 20:05:14
SIGNIFICANT EFFECT THAT WAS NOT 

[Captioner] 20:05:17
KNOWN OR ANALYZED IN THE 2011 

[Captioner] 20:05:19
GENERAL PLAN EIR OR 2015 CITY 

[Captioner] 20:05:21
CENTER COMMUNITY PLAN EIR, AND 

[Captioner] 20:05:24
IS NOT FULLY MITIGATED BY THE 

[Captioner] 20:05:25
MITIGATION MEASURES OR THE 

[Captioner] 20:05:26
CITY'S STANDARD DEVELOPMENT 

[Captioner] 20:05:26
REQUIREMENTS.

[Captioner] 20:05:31
ADDITIONAL MITIGATION IS 

[Captioner] 20:05:32
REQUIRED TO PROTECT NEARBY 

[Captioner] 20:05:36
RESIDENTS AND WOARKERS SUCH AS 

[Captioner] 20:05:37
TIER 4 FINAL EMISSIONS 

[Captioner] 20:05:38
TECHNOLOGY WHICH OUR EXPERTS 

[Captioner] 20:05:42
CONCLUDED IS NECESSARY TO REDUCE 

[Captioner] 20:05:43
THE -- IMPACTS TO LESS THAN 

[Captioner] 20:05:43
SIGNIFICANT LEVELS.

[Captioner] 20:05:47
A SUBSEQUENT OR PROJECT LEVEL 

[Captioner] 20:05:51
EIR IS REQUIRED BY THE

[Captioner] 20:05:51
 GUIDELINES.

[Captioner] 20:05:56
MOVING ON TO NOISE AND VIBRATION 

[Captioner] 20:05:58
IMPACTS, OUR EXPERT IDENTIFIED 

[Captioner] 20:06:00
ERRS AND OMISSIONS IN THE NOISE 

[Captioner] 20:06:01
ANALYSIS CONDUCTED FOR THE 

[Captioner] 20:06:03
PROJECT, INCLUDING AN IMPROPER 

[Captioner] 20:06:05
CONSTRUCTION NOISE MODEL AND 

[Captioner] 20:06:06
UNCLEAR NOISE THRESHOLDS.

[Captioner] 20:06:09
AS A RESULT, THE CITY MISSED 

[Captioner] 20:06:09
POTENTIALLY SIGNIFICANT 

[Captioner] 20:06:09
IMPACTS.

[Captioner] 20:06:11
FURTHER, OUR EXPERT FOUND THAT 

[Captioner] 20:06:13
THE MITIGATION MEASURES PROPOSED 

[Captioner] 20:06:16
FOR THE PROJECT'S VIBRATION 

[Captioner] 20:06:17
IMPACTS ARE INSUFFICIENT.

[Captioner] 20:06:19
THEIR COMMENTS EXPLAIN THAT THE 

[Captioner] 20:06:20
CONSTRUCTION MANAGEMENT PLAN, 

[Captioner] 20:06:22
CMP FOR THE PROJECT, WILL NOT BE 

[Captioner] 20:06:24
SUFFICIENT TO MITIGATE THE 

[Captioner] 20:06:26
POTENTIALLY SIGNIFICANT 

[Captioner] 20:06:27
VIBRATION LEVELS RESULTING FROM 

[Captioner] 20:06:29
CONSTRUCTION ACTIVITIES 

[Captioner] 20:06:30
UTILIZING HEAVY EQUIPMENT 

[Captioner] 20:06:33
BECAUSE IT LACKS EXPLICIT 

[Captioner] 20:06:35
MEASURES TO ADDRESS POTENTIAL 

[Captioner] 20:06:36
VIBRATION DAMAGE TO NEARBY 

[Captioner] 20:06:36
BUILDINGS.

[Captioner] 20:06:40
THE GENERAL PROCEDURES DO NOT 

[Captioner] 20:06:42
SPECIFICALLY TARGET VIBRATION 

[Captioner] 20:06:43
MITIGATION AND, THEREFORE, DO 

[Captioner] 20:06:44
NOT ADEQUATELY MITIGATE THIS 

[Captioner] 20:06:44
IMPACT.

[Captioner] 20:06:46
NEW AND MORE STRINGENT 

[Captioner] 20:06:48
MITIGATION IS REQUIRED TO REDUCE 

[Captioner] 20:06:49
THESE VIBRATION IMPACTS.

[Captioner] 20:06:52
EXAMPLES OF VIABLE MITIGATION 

[Captioner] 20:06:54
MEASURES ARE OUTLINED IN OUR 

[Captioner] 20:06:55
NOISE CONSULTANT'S COMMENT.

[Captioner] 20:06:58
ULTIMATELY CEQA REQUIRES THE 

[Captioner] 20:07:00
CITY TO PREPARE SUBSEQUENT 

[Captioner] 20:07:02
PROJECT LEVEL EIR WHEREAS IN 

[Captioner] 20:07:05
THIS CASE, THE PROJECT'S IMPACTS 

[Captioner] 20:07:07
WERE NOT PREVIOUSLY KNOWN OR ARE 

[Captioner] 20:07:08
MORE SEVERE THAN PREVIOUSLY 

[Captioner] 20:07:08
ANALYZED.

[Captioner] 20:07:11
A PROJECT LEVEL EIR ON THESE 

[Captioner] 20:07:12
ISSUES COULD BE PREPARED AND 

[Captioner] 20:07:14
CIRCULATED FOR PUBLIC REVIEW 

[Captioner] 20:07:17
DURING APPELLANT'S PROPOSED 

[Captioner] 20:07:17
60-DAY CONTINUANCE.

[Captioner] 20:07:19
NOW I'LL TURN TO THE ISSUES 

[Captioner] 20:07:21
REGARDING THE REIMBURSEMENT 

[Captioner] 20:07:22
AGREEMENT AND ASSOCIATED 

[Captioner] 20:07:22
INVOICE.

[Captioner] 20:07:25
IN ORDER TO SUBMIT OUR APPEAL, 

[Captioner] 20:07:27
THE CITY REQUIRED EAST BAY 

[Captioner] 20:07:30
RESIDENTS TO SIGN AN ILLEGAL AND 

[Captioner] 20:07:32
OPEN-ENDED CONTRACT, THE 

[Captioner] 20:07:32
REIMBURSEMENT AGREEMENT, WHICH 

[Captioner] 20:07:34
REQUIRES US TO PROMISE TO PAY 

[Captioner] 20:07:37
UNKNOWN FEES FOR STAFF TIME 

[Captioner] 20:07:39
INCURRED TO RESPOND TO OUR 

[Captioner] 20:07:39
APPEAL.

[Captioner] 20:07:45
IT'S VOID AND UNENFORCEABLE AS 

[Captioner] 20:07:46
IT GOES AGAINST PUBLIC POLICY.

[Captioner] 20:07:47
AFTER THE APPEAL WAS FILED THE 

[Captioner] 20:07:51
CITY SENT US AN INVOICE FOR 

[Captioner] 20:07:53
$5,426 FOR STAFF TIME ASSOCIATED 

[Captioner] 20:07:54
WITH THE PLANNING COMMISSION 

[Captioner] 20:07:54
APPEAL HEARING.

[Captioner] 20:07:57
FOR THE GATEWAY PLAZA APARTMENTS 

[Captioner] 20:07:59
PROJECT, THE CITY SENT US AN 

[Captioner] 20:08:04
INVOIGT FOR $4,500.91.

[Captioner] 20:08:06
THE STAFF TIME CHARGES INCLUDE 

[Captioner] 20:08:08
HIGHLY IMPROPER ITEMS SUCH AS 

[Captioner] 20:08:09
CLERICAL TIME TO SET UP AND 

[Captioner] 20:08:11
BREAK DOWN THE HEARING ROOM FOR 

[Captioner] 20:08:13
THE HEARING, PREPARING 

[Captioner] 20:08:14
POWERPOINT SLIDES, AND TIME 

[Captioner] 20:08:17
SPENT RESPONDING TO APPELLANT'S 

[Captioner] 20:08:19
PUBLIC RECORDS ACTS REQUEST 

[Captioner] 20:08:20
WHICH IS A CHARGE THAT IS PRO 

[Captioner] 20:08:22
HITTED BY THE PUBLIC RECORDS ACT 

[Captioner] 20:08:24
IN ADDITION TO BEING A DUE 

[Captioner] 20:08:25
PROCESS VIOLATION.

[Captioner] 20:08:27
THESE COSTS ARE TYPICALLY PAID 

[Captioner] 20:08:29
FOR BY THE PROJECT APPLICANT, 

[Captioner] 20:08:30
AND APPLICANT KIMCO HAS ALREADY 

[Captioner] 20:08:33
AGREED TO PAY THEM AS PART OF 

[Captioner] 20:08:33
ITS PROJECT APPLICATION.

[Captioner] 20:08:36
EAST BAY RESIDENTS PAID AN 

[Captioner] 20:08:38
$1,800 FILING FEE TO APPEAL TO 

[Captioner] 20:08:41
THE PLANNING COMMISSION, AND AN 

[Captioner] 20:08:43
ADDITIONAL $3,000 TO APPEAL TO 

[Captioner] 20:08:44
THE CITY COUNCIL PURSUANT TO THE 

[Captioner] 20:08:47
CITY'S PUBLISHED FEE SCHEDULE.

[Captioner] 20:08:49
ANY CHARGES BEYOND THOSE FILING 

[Captioner] 20:08:50
FEES ARE AN UNREASONABLE BURDEN 

[Captioner] 20:08:53
ON THE RIGHT TO APPEAL.

[Captioner] 20:08:54
REQUIRING EAST BAY RESIDENTS OR 

[Captioner] 20:08:57
ANY MEMBERS OF THE PUBLIC TO PAY 

[Captioner] 20:08:58
EXORBITANT OPEN-ENDED APPEAL 

[Captioner] 20:09:01
FEES IS A VIOLATION OF THEIR DUE 

[Captioner] 20:09:02
PROCESS RIGHTS, BECAUSE IT PUTS 

[Captioner] 20:09:06
TOO GREAT A BURDEN ON --

[Captioner] 20:09:08
 TO EXHAUST ADMINISTRATIVE 

[Captioner] 20:09:11
REMEDIES, WHICH IS A LEGAL 

[Captioner] 20:09:12
PREREQUISITE TO FILE A LAWSUIT.

[Captioner] 20:09:14
EAST BAY RESIDENTS, THEREFORE, 

[Captioner] 20:09:16
ASK CITY COUNCIL TO DIRECT THE 

[Captioner] 20:09:19
CITY MANAGER TO VOID THE 

[Captioner] 20:09:21
REIMBURSEMENT AGREEMENTS AND 

[Captioner] 20:09:22
ASSOCIATED INVOICES AS CONTRARY 

[Captioner] 20:09:23
TO STATE LAW AND AGAINST PUBLIC 

[Captioner] 20:09:23
POLICY.

[Captioner] 20:09:27
IN CONCLUSION, EAST BAY 

[Captioner] 20:09:29
RESIDENTS RESPECTFULLY ASK THAT 

[Captioner] 20:09:31
CITY COUNCIL UPHOLD THIS APPEAL 

[Captioner] 20:09:34
AND, A, REMAND THE PROJECT TO 

[Captioner] 20:09:35
STAFF TO COMPLY WITH CEQA AND 

[Captioner] 20:09:37
PREPARE A PROJECT-LEVEL EIR FOR 

[Captioner] 20:09:38
THE PROJECT BEFORE APPROVING THE 

[Captioner] 20:09:38
PROJECT.

[Captioner] 20:09:41
AND B, DIRECT THE CITY MANAGER 

[Captioner] 20:09:44
TO VOID THE REIMBURSEMENT 

[Captioner] 20:09:45
AGREEMENTS AND ASSOCIATED 

[Captioner] 20:09:47
INVOICES, AS CONTRARY TO STATE 

[Captioner] 20:09:47
LAW AND AGAINST PUBLIC POLICY.

[Captioner] 20:09:52
WE ALSO WANT TO CLARIFY 

[Captioner] 20:09:54
UPHOLDING THIS APPEAL WOULD NOT 

[Captioner] 20:09:55
VIOLATE THE HOUSING 

[Captioner] 20:09:56
ACCOUNTABILITY ACT OR THE 

[Captioner] 20:09:58
HOUSING CRISIS ACT BECAUSE THE 

[Captioner] 20:10:00
HOUSING ACCOUNTABILITY ACT 

[Captioner] 20:10:01
MANDATES AGENCIES COMPLY WITH 

[Captioner] 20:10:04
CEQA BEFORE APPROVING HOUSING 

[Captioner] 20:10:05
PROJECTS, AND A CONTINUATION 

[Captioner] 20:10:06
WOULD NOT VIOLATE THE ACT 

[Captioner] 20:10:07
BECAUSE THERE HAVE ONLY BEEN 

[Captioner] 20:10:12
THREE HEARINGS THUS FAR AND, 

[Captioner] 20:10:13
THEREFORE, WOULD NOT VIOLATE THE 

[Captioner] 20:10:15
FIVE HEARING LIMIT.

[Captioner] 20:10:17
THANK YOU FOR YOUR TIME AND 

[Captioner] 20:10:17
CONSIDERATION.

[Captioner] 20:10:21
>> Mayor Mei: CLARIFYING 

[Captioner] 20:10:21
QUESTIONS?

[Captioner] 20:10:23
ARE THERE ANY?

[Captioner] 20:10:27
VICE MAYOR SHAO.

[Captioner] 20:10:29
>> Vice Mayor Shao: THANK YOU, 

[Captioner] 20:10:29
MADAME MAYOR.

[Captioner] 20:10:33
THIS QUESTION IS FOR THE 

[Captioner] 20:10:33
APPELLANT.

[Captioner] 20:10:35
ACCORDING TO THE INTRODUCTION, 

[Captioner] 20:10:38
THE EAST BAY RESIDENT 

[Captioner] 20:10:40
ORGANIZATION IS THE 

[Captioner] 20:10:42
REPRESENTATIVE OF UNIONS.

[Captioner] 20:10:45
CAN YOU SPECIFY WHICH UNION OR 

[Captioner] 20:10:47
UNIONS YOU SPECIFICALLY 

[Captioner] 20:10:47
REPRESENT?

[Captioner] 20:10:49
ESPECIALLY IN THIS APPEAL.

[Captioner] 20:10:53
>> SO THIS APPEAL IS ACTUALLY A 

[Captioner] 20:10:54
COALITION OF DIFFERENT UNION 

[Captioner] 20:10:54
MEMBERS.

[Captioner] 20:10:58
THERE'S DIFFERENT UNIONS THAT 

[Captioner] 20:11:00
BASICALLY MAKE UP THIS 

[Captioner] 20:11:00
COALITION.

[Captioner] 20:11:03
AND PRIMARILY THESE MEMBERS ARE 

[Captioner] 20:11:05
ACTUALLY RESIDENTS OF THE CITY 

[Captioner] 20:11:07
OF FREMONT AND ARE PRIMARILY 

[Captioner] 20:11:08
CONCERNED ABOUT THE HEALTH 

[Captioner] 20:11:10
IMPACTS THAT WILL ENSUE AS A 

[Captioner] 20:11:12
RESULT ON THIS PROJECT, BECAUSE 

[Captioner] 20:11:14
THEY ARE RESIDENTS OF THE CITY 

[Captioner] 20:11:14
OF FREMONT.

[Captioner] 20:11:16
>> Vice Mayor Shao: LET ME 

[Captioner] 20:11:16
REPEAT MY QUESTION AGAIN.

[Captioner] 20:11:19
CAN YOU GET ME THE NAMES OF 

[Captioner] 20:11:23
THOSE UNIONS THAT YOU JUST 

[Captioner] 20:11:25
REFERRED TO AND SPECIFICALLY 

[Captioner] 20:11:27
SAID THAT UNIONS ARE RESIDENTS 

[Captioner] 20:11:29
OF FREMONT, WHICH I DON'T 

[Captioner] 20:11:29
UNDERSTAND.

[Captioner] 20:11:31
TYPICALLY UNION MEMBERS CAN BE 

[Captioner] 20:11:35
RESIDENTS, BUT UNIONS CAN NOT BE 

[Captioner] 20:11:36
RESIDENTS IN THE CITY OF 

[Captioner] 20:11:36
FREMONT.

[Captioner] 20:11:37
>> RIGHT.

[Captioner] 20:11:38
>> Vice Mayor Shao: SO PLEASE 

[Captioner] 20:11:40
ONCE AGAIN, SPECIFY THE IDENTITY 

[Captioner] 20:11:44
OF THE UNIONS THAT YOU REPRESENT 

[Captioner] 20:11:45
IN THIS APPEAL.

[Captioner] 20:11:52
>> THERE ARE SEVERAL DIFFERENT 

[Captioner] 20:11:53
UNION MEMBERS A PART OF THE 

[Captioner] 20:11:54
CLIENT GROUP EAST BAY RESIDENTS 

[Captioner] 20:11:55
THAT WE REPRESENT.

[Captioner] 20:11:59
SOME ARE FROM THE UNION GROUP 

[Captioner] 20:12:00
IBEW, SOME ARE FROM THE GROUP SMW.

[Captioner] 20:12:03
I'M NOT PARTICULARLY CLEAR ON 

[Captioner] 20:12:08
THE ABBREVIATIONS AT THIS TIME,

[Captioner] 20:12:09
 BUT EACH MEMBER OF THE 

[Captioner] 20:12:10
COALITION ARE INDIVIDUAL MEMBERS 

[Captioner] 20:12:12
THAT RESIDE IN THE CITY OF 

[Captioner] 20:12:12
FREMONT.

[Captioner] 20:12:15
IT IS A COALITION OF UNION 

[Captioner] 20:12:15
MEMBERS.

[Captioner] 20:12:23
>> Vice Mayor Shao: I STILL UNDERSTAND.

[Captioner] 20:12:25
GIVE ME YOUR BEST SPECULATION ON 

[Captioner] 20:12:28
THE ACRONYM THAT YOU JUST 

[Captioner] 20:12:30
REFERRED TO.

[Captioner] 20:12:33
AND ALSO BE AS SPECIFIC AS YOU 

[Captioner] 20:12:36
CAN BY JUST IDENTIFYING THOSE 

[Captioner] 20:12:36
UNIONS.

[Captioner] 20:12:39
>> OKAY.

[Captioner] 20:12:41
A LOT OF THE UNION MEMBERS ARE 

[Captioner] 20:12:44
THE PEOPLE WHO ARE GOING TO BE 

[Captioner] 20:12:47
TYPICALLY CONSTRUCTION WORKERS, 

[Captioner] 20:12:49
STEEL AND IRONWORKERS.

[Captioner] 20:12:53
SO IBEW, IF I'M JUST GOING OFF

[Captioner] 20:12:56
 CONJECTURE, WOULD BE 

[Captioner] 20:12:56
IRONWORKERS.

[Captioner] 20:12:58
AND ELECTRICAL.

[Captioner] 20:13:08
>> Vice Mayor Shao: I JUST WANT 

[Captioner] 20:13:09
TO MAKE SURE I UNDERSTAND YOU.

[Captioner] 20:13:14
SO YOU'RE SAYING THAT YOU'RE

[Captioner] 20:13:16
 REPRESENTING THOSE IRONWORKER 

[Captioner] 20:13:20
UNIONS AND ELECTRICIAN UNIONS OF 

[Captioner] 20:13:24
WHICH SOME MEMBERS MIGHT LIVE IN 

[Captioner] 20:13:27
FREMONT AS RESIDENTS AS THE CITY 

[Captioner] 20:13:27
COUNCILMEMBERS.

[Captioner] 20:13:28
IS THAT CORRECT?

[Captioner] 20:13:29
>> YES, CORRECT.

[Captioner] 20:13:32
THE MEMBERS OF THOSE UNIONS THAT 

[Captioner] 20:13:34
DO LIVE AND RESIDE IN THE CITY 

[Captioner] 20:13:35
OF FREMONT MAKE UP THE COALITION 

[Captioner] 20:13:37
EAST BAY RESIDENTS FOR 

[Captioner] 20:13:38
RESPONSIBLE DEVELOPMENT.

[Captioner] 20:13:45
>> Vice Mayor Shao: OKAY, 

[Captioner] 20:13:45
UNDERSTOOD.

[Captioner] 20:13:47
THANK YOU.

[Captioner] 20:13:47
>> Mayor Mei: THANK YOU.

[Captioner] 20:13:48
NEXT COUNCILMEMBER KASSAN.

[Captioner] 20:13:50
>> Councilmember Kassan: I DID 

[Captioner] 20:13:51
JUST WANT TO MENTION THAT THE 

[Captioner] 20:13:53
NAMES OF THE UNIONS, I BELIEVE, 

[Captioner] 20:13:56
ARE IN THE LETTER.

[Captioner] 20:13:57
>> Mayor Mei: APPELLANT 

[Captioner] 20:13:57
BACKGROUND.

[Captioner] 20:13:58
>> Councilmember Kassan: SO I 

[Captioner] 20:14:02
DON'T THINK WE NEED TO BE 

[Captioner] 20:14:03
BADGERING THE YOUNG WOMAN.

[Captioner] 20:14:08
ANYWAY, MY QUESTION IS FOR 

[Captioner] 20:14:08
STAFF.

[Captioner] 20:14:11
YOU HAD MENTIONED EARLIER THAT 

[Captioner] 20:14:15
THERE WAS A PROCESS -- A 

[Captioner] 20:14:17
DIFFERENT PROCESS THAT SHOULD BE 

[Captioner] 20:14:19
PURSUED TO COMPLAIN ABOUT THE 

[Captioner] 20:14:19
FEES.

[Captioner] 20:14:21
COULD YOU SAY MORE ABOUT THAT 

[Captioner] 20:14:25
WHAT PROCESS IS AND WHY --

[Captioner] 20:14:26
 WHAT YOUR RECOMMENDATION IS 

[Captioner] 20:14:28
REGARDING HOW WE MIGHT ADDRESS 

[Captioner] 20:14:29
THAT ISSUE.

[Captioner] 20:14:31
>> Mayor Mei: ACTUALLY COULD WE 

[Captioner] 20:14:32
FINISH WITH THE APPELLANT FIRST 

[Captioner] 20:14:34
AND WE ALSO HAVE -- SO WE CAN 

[Captioner] 20:14:36
ASK THE STAFF TET?

[Captioner] 20:14:38
BECAUSE I THINK WE HAVE THE 

[Captioner] 20:14:40
APPELLANTS AND THEN WE HAVE THE 

[Captioner] 20:14:41
OTHER PRESENTATION FROM KIMCO 

[Captioner] 20:14:43
BEFORE WE --

[Captioner] 20:14:44
>> Councilmember Kassan: BUT 

[Captioner] 20:14:47
IT'S A QUESTION RELATED TO THE 

[Captioner] 20:14:47
APPELLANT'S CLAIM.

[Captioner] 20:14:58
>> IT GOES TO A STAFF PERSON AS 

[Captioner] 20:15:01
OPPOSED TO COUNCIL, BUT IF CITY 

[Captioner] 20:15:04
ATTORNEY ALVARADO CAN PROVIDE A 

[Captioner] 20:15:05
MORE GENERAL LEGAL RESPONSE, I'D 

[Captioner] 20:15:07
APPRECIATE IT.

[Captioner] 20:15:08
>> Cty. Attny. Alvarado: IF I 

[Captioner] 20:15:10
MAY, MAYOR, IT IS ACTUALLY A 

[Captioner] 20:15:14
GOOD MOMENT TO ADDRESS THIS 

[Captioner] 20:15:15
QUESTION BECAUSE I THINK IT HAS 

[Captioner] 20:15:18
THE POTENTIAL OF SIDETRACKING 

[Captioner] 20:15:19
THE COUNCIL MOVING FORWARD ON 

[Captioner] 20:15:20
THIS PARTICULAR ITEM AND THE 

[Captioner] 20:15:20
NEXT ONE.

[Captioner] 20:15:22
THIS IS NOT THE APPROPRIATE 

[Captioner] 20:15:25
VENUE TO ADDRESS THAT CONCERN.

[Captioner] 20:15:30
NUMBER ONE, IT'S NOT PART OF THE 

[Captioner] 20:15:31
AGENDA ITEM, SO THERE'S A BROWN 

[Captioner] 20:15:32
ACT CONCERN.

[Captioner] 20:15:36
SEPARATELY, IT'S A REQUIREMENT 

[Captioner] 20:15:39
UNDER LOCAL LAW FOR US TO IMPOSE 

[Captioner] 20:15:41
THESE FEES AS PART OF THE APPEAL 

[Captioner] 20:15:42
PROCESS AND, THEREFORE, THE 

[Captioner] 20:15:43
SEPARATE PROCESS THAT WOULD BE 

[Captioner] 20:15:45
REQUIRED WOULD BE A CHANGE TO 

[Captioner] 20:15:45
LOCAL LAW.

[Captioner] 20:15:47
IN FACT, THERE'S AN ARGUMENT 

[Captioner] 20:15:48
THAT THE COUNCIL LACKS THE 

[Captioner] 20:15:50
AUTHORITY TO DIRECT THE CITY 

[Captioner] 20:15:51
MANAGER AS IS BEING REQUESTED 

[Captioner] 20:15:53
BECAUSE THE ORDINANCE HAS 

[Captioner] 20:15:55
ALREADY -- OUR LOCAL LAW HAS 

[Captioner] 20:15:56
ALREADY DELEGATED THAT 

[Captioner] 20:15:57
RESPONSIBILITY TO THE CITY 

[Captioner] 20:16:00
MANAGER OR THE CITY MANAGER'S 

[Captioner] 20:16:00
DELEGEE.

[Captioner] 20:16:02
THEREFORE, I THINK THE CORRECT 

[Captioner] 20:16:04
RESPONSE TO THIS PARTICULAR LINE 

[Captioner] 20:16:06
OF INQUIRY IS THAT THE COUNCIL 

[Captioner] 20:16:08
CANNOT ACT ON THAT REQUEST, AND 

[Captioner] 20:16:10
IS NOT THE FOCUS OF TONIGHT'S 

[Captioner] 20:16:10
APPEAL.

[Captioner] 20:16:12
THERE'S NOTHING IN LAW THAT 

[Captioner] 20:16:13
PREVENTS THE COUNCIL FROM 

[Captioner] 20:16:14
CONSIDERING THE APPEAL THIS 

[Captioner] 20:16:17
EVENING, AND IN FACT CAN REACH A 

[Captioner] 20:16:18
CONCLUSION, WHICH IS I THINK 

[Captioner] 20:16:19
WHAT EVERYBODY -- EXCUSE ME -- 

[Captioner] 20:16:23
IS WHAT THE APPLICANT WOULD 

[Captioner] 20:16:24
LIKE, AND ALTHOUGH THE LETTER 

[Captioner] 20:16:26
FROM THE APPELLANT INDICATES 

[Captioner] 20:16:27
THAT -- GIVES THE IMPRESSION 

[Captioner] 20:16:29
THAT THE COUNCIL IS GOING TO 

[Captioner] 20:16:30
WITHHOLD A FINAL DECISION UNTIL 

[Captioner] 20:16:33
THE PAYMENT OF THAT FEE IS MADE, 

[Captioner] 20:16:34
THAT'S NOT NECESSARILY TRUE, IN 

[Captioner] 20:16:36
FACT, THERE IS A RECOMMENDATION 

[Captioner] 20:16:37
THIS EVENING THAT INCLUDES THE 

[Captioner] 20:16:39
ADOPTION OF A RESOLUTION THAT, 

[Captioner] 20:16:41
IN FACT, WOULD BE CONSIDERED 

[Captioner] 20:16:42
FINAL ACTION ON PART OF THE 

[Captioner] 20:16:42
CITY.

[Captioner] 20:16:45
SO MY RECOMMENDATION WOULD BE TO 

[Captioner] 20:16:48
CONSIDER THE APPEAL, AND TAKE 

[Captioner] 20:16:49
EVIDENCE AND IF THE COUNCIL 

[Captioner] 20:16:50
DESIRES, TO REACH A CONCLUSION 

[Captioner] 20:16:52
AND JUST PUT ASIDE THIS ISSUE 

[Captioner] 20:16:53
REGARDING THE FEES BECAUSE IT'S 

[Captioner] 20:16:54
NOT SOMETHING THAT WE CAN 

[Captioner] 20:16:54
RESOLVE THIS EVENING.

[Captioner] 20:16:58
>> Mayor Mei: THANK YOU.

[Captioner] 20:17:01
I'LL HAVE A QUICK QUESTION TOO 

[Captioner] 20:17:01
FOR THIS.

[Captioner] 20:17:05
I KNOW THAT WE TALK ABOUT THE 

[Captioner] 20:17:06
DIFFERENT ASSOCIATION WHICH 

[Captioner] 20:17:07
INCLUDES -- I'LL JUST CITE IT 

[Captioner] 20:17:09
FROM THE THE LETTER, UA PLUMBERS 

[Captioner] 20:17:11
AND SHEET METAL WORKERS 104, 

[Captioner] 20:17:15
PIPE FITTERS LOCAL 342, SPRINKLE 

[Captioner] 20:17:21
FITTERS LOCAL 483, IBEW

[Captioner] 20:17:21
 LOCAL 595 AND A COUPLE OTHERS.

[Captioner] 20:17:23
YOU MENTIONED THEY'RE RESIDENTS 

[Captioner] 20:17:24
OF FREMONT, AND SO I WAS 

[Captioner] 20:17:25
WONDERING IF YOU COULD TELL ME, 

[Captioner] 20:17:26
WE DON'T NEED DETAILS OF NAMES, 

[Captioner] 20:17:28
HOW MANY PEOPLE IS IT THAT LIVE 

[Captioner] 20:17:28
IN FREMONT?

[Captioner] 20:17:31
THAT YOU'RE REPRESENTING.

[Captioner] 20:17:36
>> I THINK IT'S ABOUT 20 

[Captioner] 20:17:36
INDIVIDUALS.

[Captioner] 20:17:40
>> Mayor Mei: SO 20 FROM ACROSS 

[Captioner] 20:17:41
ALL THE UNIONS THAT ARE THERE?

[Captioner] 20:17:42
>> YES.

[Captioner] 20:17:42
>> Mayor Mei: OKAY.

[Captioner] 20:17:46
AND WHEN YOU MENTIONED THE 

[Captioner] 20:17:49
MITIGATION AND THE DISTANCE, I'D 

[Captioner] 20:17:52
SEEN THE PREVIOUS -- SO IN 

[Captioner] 20:17:53
DISCLOSURE, I WATCHED THE 

[Captioner] 20:17:55
PREVIOUS HEARINGS TOO, SO I 

[Captioner] 20:17:56
BELIEVE THAT ONE OF THE 

[Captioner] 20:17:58
QUESTIONS WAS THE PROXIMITY OF 

[Captioner] 20:17:59
DISCLOSURE IN TERMS OF THE 

[Captioner] 20:18:02
IMPACT FOR AIR AND OTHER 

[Captioner] 20:18:02
THINGS.

[Captioner] 20:18:04
I THINK THERE WAS SOME 

[Captioner] 20:18:05
DIFFERENCES IN WHAT THE STAFF 

[Captioner] 20:18:07
HAD PREPARED VERSUS WHAT YOU HAD 

[Captioner] 20:18:08
PREPARED AND FROM YOUR EXPERT.

[Captioner] 20:18:10
AND YOUR EXPERT HAD PREPARED IT 

[Captioner] 20:18:11
FROM STREET TO STREET.

[Captioner] 20:18:14
WHEREAS I BELIEVE WHEN I'M 

[Captioner] 20:18:17
LOOKING AT SOME OF THE PROJECTS, 

[Captioner] 20:18:18
THEY ARE NOT DIRECTLY ON THE 

[Captioner] 20:18:20
SIDEWALK, THEY ARE SET BACK, SO 

[Captioner] 20:18:23
THERE'S SOME DISTANCE, AND SO I 

[Captioner] 20:18:24
GUESS I WAS LOOKING AT SOME OF 

[Captioner] 20:18:25
THE VALIDITY.

[Captioner] 20:18:27
IT'S COMPARING SOMETHING THAT 

[Captioner] 20:18:28
MAY BE NOT APPLES TO ORANGES 

[Captioner] 20:18:30
COMPARISON, SO I JUST WANTED TO 

[Captioner] 20:18:31
SEE IF YOU WOULD COMMENT ON THAT 

[Captioner] 20:18:33
IN TERMS OF HOW YOU SET THE 

[Captioner] 20:18:34
STANDARD OF WHAT WOULD BE AIR 

[Captioner] 20:18:36
QUALITY AND NOISE DISTANCE FOR 

[Captioner] 20:18:37
YOUR STUDIES.

[Captioner] 20:18:40
>> IF I'M RECALLING CORRECTLY, I 

[Captioner] 20:18:42
THINK THERE WAS A DIFFERENCE IN 

[Captioner] 20:18:44
THE DISTANCE MEASUREMENTS FOR 

[Captioner] 20:18:45
THE NOISE IMPACTS I THINK THAT 

[Captioner] 20:18:49
WAS DISCUSSED, BUT I THINK WITH 

[Captioner] 20:18:51
THE AIR QUALITY IMPACTS, THE 

[Captioner] 20:18:54
DISTANCE WAS NOT -- I DON'T 

[Captioner] 20:18:55
RECALL A DISCUSSION ON THE 

[Captioner] 20:18:56
DIFFERENCE IN DISTANCES, BUT FOR 

[Captioner] 20:19:00
THE AIR QUALITY IMPACT, OUR 

[Captioner] 20:19:02
EXPERTS CONDUCTED THEIR OWN 

[Captioner] 20:19:03
ANALYSIS IN THE COMMENT LETTER 

[Captioner] 20:19:05
THAT WE SUBMITTED TODAY AND FOR 

[Captioner] 20:19:07
THE PLANNING COMMISSION.

[Captioner] 20:19:08
WE HAVE THEIR COMMENT LETTER AS 

[Captioner] 20:19:11
WELL AS ALL THEIR ATTACHMENTS ON 

[Captioner] 20:19:13
THE SPECIFICS OF THEIR 

[Captioner] 20:19:15
CALCULATION, BUT THE WAY THAT 

[Captioner] 20:19:17
THEY FOUND THE SORT OF 

[Captioner] 20:19:20
DIFFERENCE THAT THE CITY DID NOT 

[Captioner] 20:19:23
IS THAT THEY ADJUSTED THE 

[Captioner] 20:19:24
CONSTRUCTION PHASE LENGTHS 

[Captioner] 20:19:25
ACCORDING TO THEIR EXPERTISE OF 

[Captioner] 20:19:27
WHAT IT SHOULD HAVE 

[Captioner] 20:19:28
PROPORTIONATELY BEEN ENTERED 

[Captioner] 20:19:31
INTO THE AIR QUALITY -- IT'S 

[Captioner] 20:19:31
CALLED CAL EE MOD.

[Captioner] 20:19:34
IT'S THE AIR QUALITY ANALYSIS 

[Captioner] 20:19:37
MODEL, AND USING THOSE 

[Captioner] 20:19:38
CONSTRUCTION PHASE LENGTHS, THEY 

[Captioner] 20:19:40
FOUND THAT IT WOULD RESULT IN 

[Captioner] 20:19:44
THAT REACTIVE ORGANIC COMPOUND 

[Captioner] 20:19:45
EMISSIONS AMOUNT THAT EXCEEDED 

[Captioner] 20:19:45
THE THRESHOLD.

[Captioner] 20:19:53
BUT WITH REGARD TO NOISE, I 

[Captioner] 20:19:57
GUESS THERE WAS A

[Captioner] 20:19:58
 DISAGREEMENT -- CALCULATIONS 

[Captioner] 20:19:59
FOUND IN THEIR COMMENTS THE WAYS 

[Captioner] 20:20:03
THAT THEY BELIEVE THAT THE STAFF 

[Captioner] 20:20:07
NOISE ANALYSIS WAS INCORRECT AND 

[Captioner] 20:20:09
OUTLINED THAT IN THEIR LETTER AS 

[Captioner] 20:20:09
WELL.

[Captioner] 20:20:10
>> Mayor Mei: SO YOU REFERENCE 

[Captioner] 20:20:12
THE TIME FRAME FOR THE PROJECTS 

[Captioner] 20:20:13
AND THE DIFFERENT FAWZS.

[Captioner] 20:20:15
HOW MUCH LONGER WOULD THE PHASES 

[Captioner] 20:20:17
THAT YOU WERE TALKING ABOUT BE 

[Captioner] 20:20:18
REFERENCED COMPARED TO THE ONES 

[Captioner] 20:20:19
THAT ARE BEING PROPOSED?

[Captioner] 20:20:21
>> SO IT'S A TOTAL -- THE TOTAL 

[Captioner] 20:20:26
PHASE OF CONSTRUCTION FROM 

[Captioner] 20:20:27
BEGINNING TO END IS THE SAME, 

[Captioner] 20:20:30
THEY'RE NOT ADJUSTING THE TOTAL 

[Captioner] 20:20:30
CONSTRUCTION LENGTH.

[Captioner] 20:20:34
THEY JUST FOUND THAT THE CITY 

[Captioner] 20:20:36
ADJUSTED THE PROPORTIONAL PHASES 

[Captioner] 20:20:39
THAT IT'S BROKEN UP BETWEEN, FOR 

[Captioner] 20:20:41
EXAMPLE, JUST CONJECTURE, 

[Captioner] 20:20:43
DEMOLITION VERSUS CONSTRUCTION, 

[Captioner] 20:20:46
AND THERE'S DIFFERENT PHASES OF 

[Captioner] 20:20:49
CONSTRUCTION, AND SO THE WAY 

[Captioner] 20:20:51
THAT THAT WAS INPUT IN THE CAL 

[Captioner] 20:20:53
EE MOD WAS DIFFERENT FROM THE 

[Captioner] 20:20:58
DEFAULT VALUES, AND THE AIR 

[Captioner] 20:20:59
QUALITY CONSULTANTS FOUND THAT 

[Captioner] 20:21:01
THERE WAS NO JUSTIFICATION FOR 

[Captioner] 20:21:03
THAT DEVIATION FROM THE DEFAULT 

[Captioner] 20:21:04
CONSTRUCTION PHASE LENGTHS.

[Captioner] 20:21:07
SO THEY ADJUSTED IT 

[Captioner] 20:21:10
PROPORTIONATELY TO HOW THE 

[Captioner] 20:21:12
DEFAULT CAL EE MOD, THE WAY THAT 

[Captioner] 20:21:15
IT SHOULD BE IN THEIR OPINION 

[Captioner] 20:21:16
ENTERED INTO CAL EE MOD.

[Captioner] 20:21:17
>> Mayor Mei: I GUESS I'M TRYING 

[Captioner] 20:21:19
TO UNDERSTAND, THOUGH, IF IT'S A 

[Captioner] 20:21:20
QUESTION NOT OF A DIFFERENT 

[Captioner] 20:21:22
LENGTH OF TIME AND IT JUST THE 

[Captioner] 20:21:23
PHASES, WOULDN'T THE PROJECT 

[Captioner] 20:21:25
MOVING FORWARD STILL WITH THE 

[Captioner] 20:21:27
CEQA APPROVAL STILL BE 

[Captioner] 20:21:28
ADJUSTABLE BY THE PHASES TO 

[Captioner] 20:21:28
ADDRESS THAT?

[Captioner] 20:21:30
BECAUSE IT SEEMS LIKE RIGHT NOW 

[Captioner] 20:21:31
WHAT WE'RE TRYING TO DO IS A I 

[Captioner] 20:21:34
 APPEAL THIS PROJECT AND DELAY 

[Captioner] 20:21:36
IT BY 60 DAYS AND YOU'RE SAYING 

[Captioner] 20:21:37
TO HAVE MORE TIME TO ANALYZE THE 

[Captioner] 20:21:37
PHASES.

[Captioner] 20:21:39
I GUESS MY CONCERN IS THAT ALSO 

[Captioner] 20:21:41
WHEN YOU LOOK AT THINGS LIKE 

[Captioner] 20:21:42
TIME LENGTH, TIME IS MONEY 

[Captioner] 20:21:43
CERTAINLY IN CONSTRUCTION AND 

[Captioner] 20:21:45
THE IMPACT AND WE CERTAINLY WANT 

[Captioner] 20:21:46
TO MITIGATE THINGS.

[Captioner] 20:21:48
BECAUSE ONE OF OUR BIGGEST 

[Captioner] 20:21:49
CHALLENGES WHEN IT COMES TO 

[Captioner] 20:21:50
CONSTRUCTION AND WHY PROJECTS 

[Captioner] 20:21:53
AREN'T BEING BUILT RIGHT NOW IN 

[Captioner] 20:22:12
THE STATE OF CALIFORNIA WHICH 

[Captioner] 20:22:12
THE GOVERNOR HAS BEEN PUSHING ON 

[Captioner] 20:22:12
THE CITIES IS THE COST OF 

[Captioner] 20:22:12
MATERIALS AND THE COST OF LABOR 

[Captioner] 20:22:12
AND THE TIMING, SO THAT'S WHY 

[Captioner] 20:22:12
I'M TRYING TO UNDERSTAND HOW 

[Captioner] 20:22:12
THAT WOULD MITIGATE IN TERMS OF 

[Captioner] 20:22:12
THIS PROCESS AND HOW, YOU KNOW, 

[Captioner] 20:22:12
OUR GOAL IS TO BUILD SOME OF THE 

[Captioner] 20:22:12
AFFORDABLE HOUSING AND WHAT 

[Captioner] 20:22:12
WE'RE NOT QUESTIONING TODAY IS 

[Captioner] 20:22:12
THAT PIECE OF IT BUT MORE THE 

[Captioner] 20:22:12
APPEAL SPECIFICALLY TO CEQA.

[Captioner] 20:22:13
HOW WOULD THIS BE DIFFERENT 

[Captioner] 20:22:13
THEN?

[Captioner] 20:22:14
>> SO IT'S MORE OF A DIFFERENCE 

[Captioner] 20:22:16
BETWEEN WHAT HAS BEEN DISCLOSED 

[Captioner] 20:22:17
AND WHAT HAS BEEN ANALYZED.

[Captioner] 20:22:21
SO THE ARGUMENT THAT WE'RE 

[Captioner] 20:22:23
MAKING IS THAT IF THERE IS AN 

[Captioner] 20:22:25
ANALYSIS THAT OUR EXPERTS HAVE 

[Captioner] 20:22:29
FOUND TO BE SORT OF THE CORRECT 

[Captioner] 20:22:30
AND ACCURATE WAY TO DISCLOSE THE 

[Captioner] 20:22:32
ENVIRONMENTAL IMPACTS AND WE SEE 

[Captioner] 20:22:34
THAT THAT FAR EXCEEDS THE 

[Captioner] 20:22:38
THRESHOLD SET BY THE BAY AREA 

[Captioner] 20:22:40
QUALITY MANAGEMENT DISTRICT, 

[Captioner] 20:22:41
THAT NEEDS TO BE DISCLOSED AND 

[Captioner] 20:22:42
ANALYZED.

[Captioner] 20:22:43
SO IT'S NOT NECESSARILY SAYING 

[Captioner] 20:22:45
THAT SPECIFICALLY THE 

[Captioner] 20:22:45
CONSTRUCTION SHOULD TAKE THIS 

[Captioner] 20:22:47
AMOUNT OF TIME AND THE 

[Captioner] 20:22:49
CONSTRUCTION PHASES SHOULD BE 

[Captioner] 20:22:49
THIS LONG.

[Captioner] 20:22:50
IT'S MORE THAT THE ANALYSIS 

[Captioner] 20:22:52
SHOULD DISCLOSE THAT ACCURATELY, 

[Captioner] 20:22:55
AND PROVIDE TO THE PUBLIC AN 

[Captioner] 20:22:58
ANALYSIS OF THOSE AIR QUALITY 

[Captioner] 20:23:00
IMPACTS THAT OUR EXPERT ALSO 

[Captioner] 20:23:00
IDENTIFIED.

[Captioner] 20:23:02
>> Mayor Mei: OKAY, I THINK 

[Captioner] 20:23:04
THAT'S ALL I HAVE FOR CLARIFYING 

[Captioner] 20:23:05
QUESTIONS AT THIS TIME AND THEN 

[Captioner] 20:23:06
I'LL HEAR FROM THE APPLICANT AND 

[Captioner] 20:23:07
I KNOW WE ALSO HAVE A PUBLIC 

[Captioner] 20:23:08
HEARING.

[Captioner] 20:23:15
COUNCILMEMBER CAMPBELL, DID YOU 

[Captioner] 20:23:16
HAVE A CLARIFYING QUESTION?

[Captioner] 20:23:18
>> Councilmember Campbell: I 

[Captioner] 20:23:20
JUST WANTED TO PIGGY BACK ON 

[Captioner] 20:23:21
WHAT YOU WERE ASKING JUST NOW.

[Captioner] 20:23:25
BECAUSE YOU'RE TALKING ABOUT 

[Captioner] 20:23:26
STANDARDS, AND I WANTED TO MAKE 

[Captioner] 20:23:30
SURE I UNDERSTOOD THE DIFFERENCE 

[Captioner] 20:23:30
BETWEEN STANDARDS AND LAW.

[Captioner] 20:23:35
SO IF CEQA IS THE LAW AND WE 

[Captioner] 20:23:40
HAVE ALREADY OBTAINED THE EIR

[Captioner] 20:23:44
 IN THAT 2011 AND

[Captioner] 20:23:46
 2015 PLANS, BUT THEN YOU'RE 

[Captioner] 20:23:48
SUGGESTING THAT WE NEED TO 

[Captioner] 20:23:50
CHANGE THE LAW TO THE 

[Captioner] 20:23:50
STANDARDS.

[Captioner] 20:23:53
SO I'M JUST CONFUSED ABOUT 

[Captioner] 20:23:55
STANDARDS BECAUSE STANDARDS 

[Captioner] 20:23:57
COULD BE -- WE STANDARDIZE STUFF 

[Captioner] 20:23:57
ALL THE TIME.

[Captioner] 20:24:00
WE COULD SAY WE WANT ALL OF THE 

[Captioner] 20:24:01
BATHROOMS TO BE TOUCHLESS IN THE 

[Captioner] 20:24:01
CITY OF FREMONT.

[Captioner] 20:24:06
AND SO I'M TRYING TO UNDERSTAND 

[Captioner] 20:24:11
HOW YOUR STANDARDS ROSE AGAINST 

[Captioner] 20:24:13
WHAT WAS CURRENTLY IN PLACE 

[Captioner] 20:24:13
RIGHT NOW.

[Captioner] 20:24:17
>> SO WE ARE NOT TRYING TO 

[Captioner] 20:24:17
CHANGE THE LAW.

[Captioner] 20:24:20
WE ARE ACTUALLY SAYING THAT 

[Captioner] 20:24:23
UNDER CEQA ITSELF, SPECIFICALLY 

[Captioner] 20:24:28
THE STREAMLINING EXEMPTION, 

[Captioner] 20:24:32
SECTION 15183 AND THE 15162 AND

[Captioner] 20:24:33
 15163 ADDENDUM EXEMPTIONS, 

[Captioner] 20:24:35
WE'RE SAYING BASICALLY UNDER 

[Captioner] 20:24:37
THOSE STREAMLINING EXEMPTIONS, 

[Captioner] 20:24:40
IT STATES THAT A PROJECT EIR 

[Captioner] 20:24:44
DOES NOT HAVE TO BE PREPARED IF 

[Captioner] 20:24:46
-- IT WAS ALREADY ANALYZED, 

[Captioner] 20:24:48
DEEMED ANALYZED IN A PRIOR 

[Captioner] 20:24:49
ENVIRONMENTAL IMPACT REPORT, AND 

[Captioner] 20:24:51
THERE'S NO EVIDENCE, FOR 

[Captioner] 20:24:53
EXAMPLE, THAT THERE IS 

[Captioner] 20:24:54
SUBSTANTIAL SIGNIFICANT IMPACTS 

[Captioner] 20:24:58
THAT ARE PECULIAR TO THE PROJECT 

[Captioner] 20:25:00
ITSELF, AND THERE'S MITIGATION 

[Captioner] 20:25:02
THAT IS PRESENT THAT CAN 

[Captioner] 20:25:04
MITIGATE IT THAT WAS NOT 

[Captioner] 20:25:06
CONTEMPLATED WHEN THE PRIOR EIR 

[Captioner] 20:25:06
WAS CERTIFIED.

[Captioner] 20:25:08
SO WE ARE SAYING THAT THAT IS 

[Captioner] 20:25:09
THE CASE HERE, THAT YOU CANNOT 

[Captioner] 20:25:12
RELY ON THAT EXEMPTION, BECAUSE 

[Captioner] 20:25:13
WE FOUND, FOR EXAMPLE, THROUGH 

[Captioner] 20:25:17
THIS REACTIVE ORGANIC COMPOUND 

[Captioner] 20:25:20
IMPACT, THAT THERE ARE GOING TO 

[Captioner] 20:25:22
BE SIGNIFICANT ENVIRONMENTAL 

[Captioner] 20:25:23
IMPACTS FOR THIS PROJECT THAT 

[Captioner] 20:25:26
ARE PECULIAR TO THIS PROJECT 

[Captioner] 20:25:28
THAT HAS MITIGATION THAT COULD 

[Captioner] 20:25:30
MITIGATE THE IMPACT THAT WAS NOT 

[Captioner] 20:25:32
INCLUDED IN THAT PRIOR EIR, AND 

[Captioner] 20:25:33
THAT COULD NOT HAVE BEEN KNOWN.

[Captioner] 20:25:36
SO WE'RE ESSENTIALLY -- WE ARE 

[Captioner] 20:25:38
NOT WANTING TO CHANGE CEQA.

[Captioner] 20:25:40
WE ARE GOING WITH CEQA IN OUR 

[Captioner] 20:25:41
ARGUMENT.

[Captioner] 20:25:45
WE ARE FOLLOWING THE CEQA 

[Captioner] 20:25:47
GUIDELINE SECTION IN SAYING THAT 

[Captioner] 20:25:48
IT'S NOT MET.

[Captioner] 20:25:49
>> Councilmember Campbell: OKAY, 

[Captioner] 20:25:50
I HEAR THAT.

[Captioner] 20:25:51
SO IF YOU ALREADY DID THE WORK, 

[Captioner] 20:25:53
WHY DO WE HAVE TO DO IT AGAIN?

[Captioner] 20:25:57
I MEAN, WHY WOULD YOU -- WHY 

[Captioner] 20:25:58
COULDN'T YOU JUST SHARE WHAT YOU 

[Captioner] 20:26:00
HAVE WITH US AND WE JUST USE 

[Captioner] 20:26:05
WHAT WE HAVE AS OPPOSED TO 

[Captioner] 20:26:05
EXPENDING ADDITIONAL RESOURCES, 

[Captioner] 20:26:07
HOLDING UP THE PROJECT WHEN 

[Captioner] 20:26:09
YOU'VE ALREADY DISCOVERED IT IN 

[Captioner] 20:26:09
WRITING?

[Captioner] 20:26:13
>> BECAUSE A CORE PART OF CEQA 

[Captioner] 20:26:14
IS THESE MITIGATION MEASURES 

[Captioner] 20:26:15
THAT WE'RE TALKING ABOUT.

[Captioner] 20:26:18
IF THERE'S AN EIR PROPOSED, THEN 

[Captioner] 20:26:21
THE LEAD AGENCY WOULD HAVE TO 

[Captioner] 20:26:23
PROPOSE SPECIFIC MITIGATION 

[Captioner] 20:26:24
MEASURES TO MITIGATE THE 

[Captioner] 20:26:24
IMPACT.

[Captioner] 20:26:29
SO OUR AIR CONSULTANT PROVIDED 

[Captioner] 20:26:30
SOME EXAMPLES OF MITIGATION 

[Captioner] 20:26:31
MEASURES THAT THEY FOUND WOULD 

[Captioner] 20:26:32
MITIGATE THAT IMPACT, BUT 

[Captioner] 20:26:33
THERE'S NO ENFORCEMENT FOR 

[Captioner] 20:26:33
THAT.

[Captioner] 20:26:36
SO IF THERE'S AN EIR THAT'S 

[Captioner] 20:26:37
PREPARED, IT'S NOT ONLY 

[Captioner] 20:26:39
DISCLOSED TO THE GENERAL PUBLIC, 

[Captioner] 20:26:40
THERE'S OPPORTUNITY FOR PUBLIC 

[Captioner] 20:26:41
COMMENT, BUT THERE'S ALSO THIS 

[Captioner] 20:26:44
ELEMENT OF MITIGATION THAT CAN 

[Captioner] 20:26:48
BE ENFORCED THROUGH CEQA RATHER 

[Captioner] 20:26:49
THAN SORT OF JUST US BRINGING 

[Captioner] 20:26:50
THESE COMMENTS TO THE CITY 

[Captioner] 20:26:50
COUNCIL.

[Captioner] 20:26:54
THERE'S NO ASSURANCE OF 

[Captioner] 20:26:54
ENFORCEMENT.

[Captioner] 20:26:57
>> Mayor Mei: THANK YOU.

[Captioner] 20:27:00
COUNCILMEMBER SALWAN, CLARIFYING 

[Captioner] 20:27:00
QUESTIONS.

[Captioner] 20:27:02
>> Councilmember Salwan: SO JUST 

[Captioner] 20:27:05
KIND OF ON A HIGH LEVEL, I 

[Captioner] 20:27:06
UNDERSTAND THE CONCERNS YOU'RE 

[Captioner] 20:27:07
RAISING, AND YOU KNOW, AS THE 

[Captioner] 20:27:09
MAYOR SAID, TIME IS MONEY.

[Captioner] 20:27:11
WHAT HIGH LEVEL THINGS DO YOU 

[Captioner] 20:27:14
FEEL ARE MISSING IN THIS EIR?

[Captioner] 20:27:19
>> IN THE 2011 GENERAL PLAN 

[Captioner] 20:27:19
EIR?

[Captioner] 20:27:20
>> Councilmember Salwan: YEAH, 

[Captioner] 20:27:22
AND I MEAN, HOW DO WE -- HOW 

[Captioner] 20:27:24
WOULD THAT BE ADDRESSED IN A 

[Captioner] 20:27:24
QUICK MANNER?

[Captioner] 20:27:26
BECAUSE I DO KNOW THESE STUDIES 

[Captioner] 20:27:27
TAKE A LONG TIME.

[Captioner] 20:27:31
>> SO I THINK WHAT WE FIND 

[Captioner] 20:27:33
MISSING ARE SORT OF THE IMPACTS 

[Captioner] 20:27:35
THAT I DISCUSSED EARLIER, 

[Captioner] 20:27:37
SPECIFICALLY THE REACTIVE 

[Captioner] 20:27:39
ORGANIC COMPOUND IMPACT, AIR 

[Captioner] 20:27:41
QUALITY IMPACT, AND THE IMPROPER 

[Captioner] 20:27:44
NOISE THRESHOLDS, AND IMPROPER 

[Captioner] 20:27:46
NOISE ANALYSIS AS HIGHLIGHTED BY 

[Captioner] 20:27:47
OUR NOISE EXPERT.

[Captioner] 20:27:52
SO THOSE EXPERT LETTERS 

[Captioner] 20:27:53
SPECIFICALLY DESCRIBE HOW THE 

[Captioner] 20:27:55
EIR DID NOT EVEN CONTEMPLATE OR 

[Captioner] 20:27:58
COULD HAVE CONTEMPLATED CERTAIN 

[Captioner] 20:27:59
MITIGATION FOR THOSE TYPE OF 

[Captioner] 20:27:59
IMPACTS.

[Captioner] 20:28:03
SO FOR EXAMPLE THE ROG REACTIVE 

[Captioner] 20:28:04
ORGANIC COMPOUND EMISSIONS OUR 

[Captioner] 20:28:06
EXPERT FOUND TIER 4 EMISSIONS 

[Captioner] 20:28:07
TECHNOLOGY COULD REDUCE THAT 

[Captioner] 20:28:07
IMPACT.

[Captioner] 20:28:09
BUT THAT COULD NOT HAVE BEEN 

[Captioner] 20:28:11
KNOWN AT THE TIME OF THE 2011 

[Captioner] 20:28:11
GENERAL PLAN EIR.

[Captioner] 20:28:17
SO ESSENTIALLY WHAT IS MISSING 

[Captioner] 20:28:20
FROM THAT EIR IS THESE PECULIAR 

[Captioner] 20:28:23
PROJECT LEVEL IMPACTS THAT OUR 

[Captioner] 20:28:24
CONSULTANTS FOUND THE PROJECT 

[Captioner] 20:28:25
MAY RESULT IN.

[Captioner] 20:28:28
>> Councilmember Salwan: THANK 

[Captioner] 20:28:28
YOU.

[Captioner] 20:28:29
>> Mayor Mei: THANK YOU.

[Captioner] 20:28:31
I THINK THAT'S ALL FOR THE 

[Captioner] 20:28:31
CLARIFYING QUESTIONS AT THIS 

[Captioner] 20:28:31
TIME.

[Captioner] 20:28:35
CLARIFYING QUESTION AGAIN?

[Captioner] 20:28:35
OKAY.

[Captioner] 20:28:37
WE'RE ABOUT TO TAKE A BREAK.

[Captioner] 20:28:38
OKAY.

[Captioner] 20:28:40
>> Councilmember Cox: I DIDN'T 

[Captioner] 20:28:41
ASK -- DO YOU WANT TO WAIT UNTIL 

[Captioner] 20:28:42
WE COME BACK?

[Captioner] 20:28:44
>> Mayor Mei: FINISH YOUR 

[Captioner] 20:28:45
CLARIFYING QUESTIONS BECAUSE WE 

[Captioner] 20:28:46
HAVE TO TAKE A BREAK SOON.

[Captioner] 20:28:47
>> Councilmember Cox: MY 

[Captioner] 20:28:47
QUESTION IS THIS.

[Captioner] 20:28:50
YOU TALK ABOUT CONSTRUCTION, THE 

[Captioner] 20:28:52
NOISE ELEMENT, AND THEN YOU TALK 

[Captioner] 20:28:55
ABOUT THE ROC, I WAS WONDERING, 

[Captioner] 20:28:56
WAS THERE ANY CONSIDERATION WITH 

[Captioner] 20:28:58
YOUR EXPERT TO LOOK AT THE 

[Captioner] 20:29:01
UNDERGROUNDWATER OR ANY CHANGES 

[Captioner] 20:29:03
THAT OCCURRED FROM 2011 TO NOW?

[Captioner] 20:29:07
BECAUSE THAT WOULD BE MORE OF MY 

[Captioner] 20:29:08
CONCERN, JUST THINKING OUTSIDE 

[Captioner] 20:29:11
THE BOX AND, YOU KNOW, I'M JUST 

[Captioner] 20:29:12
ASKING, YOU MAY NOT BE THE 

[Captioner] 20:29:14
EXPERT BUT I JUST THOUGHT I'D 

[Captioner] 20:29:17
ASK ABOUT THAT ELEMENT PART OF 

[Captioner] 20:29:20
THAT WOULD BE PART OF THE EIR 

[Captioner] 20:29:22
PROJECT LEVEL I'D BE THINKING 

[Captioner] 20:29:22
ABOUT.

[Captioner] 20:29:24
>> I DON'T BELIEVE WE HAD 

[Captioner] 20:29:25
EXPERTS LOOK INTO THAT SPECIFIC 

[Captioner] 20:29:25
ISSUE.

[Captioner] 20:29:30
>> Councilmember Cox: OKAY.

[Captioner] 20:29:30
THANK YOU.

[Captioner] 20:29:34
>> Mayor Mei: WELL, I KNOW WE'RE 

[Captioner] 20:29:36
GOING TO BE DUE FOR A BREAK IN A 

[Captioner] 20:29:37
LITTLE BIT AND WE HAVE THE 

[Captioner] 20:29:38
APPELLANTS IF THEY WANT TO MAKE 

[Captioner] 20:29:39
THE PRESENTATION, THEN WE CAN 

[Captioner] 20:29:42
THINK OF THE QUESTIONS BECAUSE 

[Captioner] 20:29:43
WE'RE OKAY ON TIMING, I'D LOVE 

[Captioner] 20:29:45
TO MOVE FORWARD AND GET THE 

[Captioner] 20:29:47
APPLICANT TO HAVE A 

[Captioner] 20:29:47
PRESENTATION.

[Captioner] 20:29:48
IT 10 MINUTES.

[Captioner] 20:29:50
IF WE COULD HAVE THAT, PLEASE.

[Captioner] 20:29:52
THANK YOU SO MUCH.

[Captioner] 20:29:57
I KNOW YOU

[Captioner] 20:29:58
 HAVE APPEAL -- TOO AFTERWARDS.

[Captioner] 20:30:03
SO -- AND WELCOME TO THE 

[Captioner] 20:30:06
APPLICANT, WHO IS I THINK EITHER 

[Captioner] 20:30:11
MARK RICKARDS OF KIMCO

[Captioner] 20:30:15
 OR MICHAEL

[Captioner] 20:30:22
>> THANK YOU MAYOR, THANK YOU SO 

[Captioner] 20:30:23
MUCH.

[Captioner] 20:30:24
CLERK GAUTHIER.

[Captioner] 20:30:26
I APPRECIATE THAT.

[Captioner] 20:30:29
SO HOM HONORABLE MAYOR, MR. VICE 

[Captioner] 20:30:30
MAYOR, MEMBERS OF THE CITY 

[Captioner] 20:30:31
COUNCIL STAFF AND MEMBERS OF THE 

[Captioner] 20:30:34
PUBLIC, MY NAME IS MICHAEL 

[Captioner] 20:30:34
STRAUSS.

[Captioner] 20:30:36
I AM VICE PRESIDENT OF 

[Captioner] 20:30:39
DEVELOPMENT AT KIMCO REALTY FOR 

[Captioner] 20:30:41
CIXG'S WESTERN REGION.

[Captioner] 20:30:45
WE ARE A LARGE RETAIL AND MIXED 

[Captioner] 20:30:46
USE FOCUS OWED INVESTMENT TRUST 

[Captioner] 20:30:50
WHICH IS PUBLICLY TRADED COMPANY 

[Captioner] 20:30:52
WHICH OWNS AND OPERATES THE 

[Captioner] 20:30:54
SHOPPING CENTERING INCLUDING THE 

[Captioner] 20:30:56
TWO THAT WE ARE DISCUSSING THIS 

[Captioner] 20:30:56
EVENING.

[Captioner] 20:30:59
I HAVE OUR LAND ATTORNEY BRIAN 

[Captioner] 20:31:04
WINTER, OUR ARCHITECT, AND OUR

[Captioner] 20:31:05
 

[Captioner] 20:31:07
ENVIRONMENTAL CONSULTANT IN CASE 

[Captioner] 20:31:08
THERE ARE QUESTIONS.

[Captioner] 20:31:10
IF WE COULD GO TO THE NEXT 

[Captioner] 20:31:10
SLIDE.

[Captioner] 20:31:11
MADAM CLERK, THANK YOU SO MUCH.

[Captioner] 20:31:20
CIMG OWNS THREE SHOPPING CENTERS 

[Captioner] 20:31:23
IN FREMONT AND WE HAVE FOR QUITE 

[Captioner] 20:31:23
SOME TIME.

[Captioner] 20:31:25
WE ARE NOT NEW ADDITIONS TO THE 

[Captioner] 20:31:26
FREMONT COMMUNITY.

[Captioner] 20:31:28
WE HAVE TALKED ABOUT FREMONT HUB 

[Captioner] 20:31:31
WHICH WE HAVE OWNED SINCE 26 H 

[Captioner] 20:31:31
2006.

[Captioner] 20:31:33
THAT IS IN CITY COUNCIL DISTRICT 

[Captioner] 20:31:36
3, COUNCILMEMBER KASSAN'S 

[Captioner] 20:31:37
DISTRICT.

[Captioner] 20:31:39
WE HAVE GATEWAY PLAZA, LATER 

[Captioner] 20:31:41
THIS EVENING, THAT'S IN DISTRICT 

[Captioner] 20:31:43
4.

[Captioner] 20:31:45
VICE MAYOR SHAO'S DISTRICT AND 

[Captioner] 20:31:49
WE HAVE THE LUCKY GROCERY STORE 

[Captioner] 20:31:50
FURTHER DOWN FREMONT BOULEVARD 

[Captioner] 20:31:54
IN DISTRICT 5, COUNCILMEMBER 

[Captioner] 20:31:58
SALWAN'S DISTRICT.

[Captioner] 20:32:01
>> Councilmember Cox:   NO, 

[Captioner] 20:32:02
VICTOR IS 1.

[Captioner] 20:32:06
>> I'M SORRY, WHILE THE APPEAL 

[Captioner] 20:32:08
IS UNDER CONSIDERATION TONIGHT 

[Captioner] 20:32:09
WE WANTED TO TAKE A FEW MINUTES 

[Captioner] 20:32:10
TO TALK ABOUT THE SHOPPING 

[Captioner] 20:32:12
CENTER AND THE UNDERLYING 

[Captioner] 20:32:14
PROJECTS, LITTLE BITS AND PIECES 

[Captioner] 20:32:16
HAVE COME OUT IN DIFFERENT 

[Captioner] 20:32:18
PIECES OF THE PRESENTATION.

[Captioner] 20:32:20
FREMONT HUB IS A LARGE SHOPPING 

[Captioner] 20:32:22
CENTER, ONE OF THE LARGER ONES 

[Captioner] 20:32:25
THAT OUR COMPANY OWNS, ANCHORED 

[Captioner] 20:32:28
BY TARGET AND AS WELL AS 

[Captioner] 20:32:30
MULTIPLE NATIONAL RETAILERS.

[Captioner] 20:32:32
AS A QUICK NOTE WHILE I'M ON 

[Captioner] 20:32:36
THIS SLIDE, FOR A QUESTION THAT 

[Captioner] 20:32:37
ONE OF THE COUNCILMEMBERS 

[Captioner] 20:32:39
BROUGHT UP BEFORE?

[Captioner] 20:32:42
, WE DID SPEAK 

[Captioner] 20:32:44
TO THE KAISER AND WASHINGTON 

[Captioner] 20:32:46
HOSPITALS AS WELL AS MULTIPLE 

[Captioner] 20:32:48
NEIGHBORS AROUND US AS PART OF 

[Captioner] 20:32:49
THIS PROJECT.

[Captioner] 20:32:50
THE NEXT SLIDE PLEASE.

[Captioner] 20:32:53
THE FIRST PHASE WOULD BE, MOVING 

[Captioner] 20:32:58
THE CVS, TO

[Captioner] 20:33:01
 MALLORY FRONTAGE ON 

[Captioner] 20:33:04
IN THE NEW FRONT ARNLG, AFTER 

[Captioner] 20:33:06
THAT WOULD BE COMPLETED, WE 

[Captioner] 20:33:11
WOULD THEN DEMOLISH THE FORMER 

[Captioner] 20:33:13
CVS SITE THROUGH THE STAPLES 

[Captioner] 20:33:15
BUILDING, AS WELL AS THE AT&T 

[Captioner] 20:33:16
BUILDING CURRENTLY IN THE 

[Captioner] 20:33:16
PARKING LOT.

[Captioner] 20:33:18
OUR EMPHASIS WOULD BE TO 

[Captioner] 20:33:19
RELOCATE AS MANY OF THOSE 

[Captioner] 20:33:20
RETAILERS AS POSSIBLE.

[Captioner] 20:33:22
SEVERAL HAVE TERM AND OTHERWISE 

[Captioner] 20:33:25
PRACTICES TO TRY TO KEEP MOWRY 

[Captioner] 20:33:27
AS MANY TENANTS AROUND THERE 

[Captioner] 20:33:29
BEING SUCCESSFUL IN THAT OUR 

[Captioner] 20:33:31
RESIDENTS ARE USED TO 

[Captioner] 20:33:32
FREQUENTING AS POSSIBLE.

[Captioner] 20:33:35
NEXT SLIDE PLEASE.

[Captioner] 20:33:39
THIS SHOWS THE HOW THE PHASE-IN 

[Captioner] 20:33:39
WOULD WORK.

[Captioner] 20:33:42
THERE IS THE NEW PHARMACY 

[Captioner] 20:33:44
BUILDING IN THE EXISTING 

[Captioner] 20:33:46
BUILDINGS THAT WOULD COME DOWN.

[Captioner] 20:33:50
NEXT SLIDE PLEASE.

[Captioner] 20:33:54
JUST A VIEW OF THE -- OF WHAT

[Captioner] 20:33:54
 

[Captioner] 20:33:56
THE DRIVE-THROUGH PHARMACY 

[Captioner] 20:33:58
BUILDING WOULD LOOK LIKE.

[Captioner] 20:33:59
NEXT SLIDE PLEASE.

[Captioner] 20:34:03
THEN WE WOULD -- THEN WE WOULD 

[Captioner] 20:34:06
ADDRESS THE REST OF THE SITE IN 

[Captioner] 20:34:10
YELLOW, THE CVS THROUGHIBLES 

[Captioner] 20:34:11
STAPLES AND THE AT&T BUILDING.

[Captioner] 20:34:13
LET'S TALK A LITTLE BIT ABOUT 

[Captioner] 20:34:14
THE PROPOSED BUILDING AS PART OF 

[Captioner] 20:34:15
THIS PROJECT.

[Captioner] 20:34:16
NOAX SLIDE PLEASE.

[Captioner] 20:34:18
THIS IS THE -- THIS SHOWS THE 

[Captioner] 20:34:19
GROUND LEVEL, IT SHOWS THE 

[Captioner] 20:34:23
EXTENSION OF THE SHOPS ALONG THE 

[Captioner] 20:34:24
CAPITOL AVENUE EXTENSION.

[Captioner] 20:34:26
WE WOULD BE EXTENDING CAPITOL 

[Captioner] 20:34:28
AVENUE FURTHER INTO OUR SITE AND 

[Captioner] 20:34:29
BUILDING UPON ALL THE GREAT WORK 

[Captioner] 20:34:31
THAT THE CITY AND PRIOR 

[Captioner] 20:34:33
DEVELOPERS HAVE DONE, ALONG 

[Captioner] 20:34:37
CAPITOL AVENUE TO DEVELOP THE 

[Captioner] 20:34:39
KEY SPINE IN THE DOWNTOWN AREA.

[Captioner] 20:34:42
THIS SHOWS ALSO THE 430 SPACE 

[Captioner] 20:34:43
INTEGRATE OWED GARAGE AND THAT 

[Captioner] 20:34:46
WOULD BE BEHIND THE RETAIL.

[Captioner] 20:34:47
NEXT SLIDE PLEASE .

[Captioner] 20:34:49
JUST A COUPLE OF HIGH POINTS IN 

[Captioner] 20:34:49
THE BUILDING.

[Captioner] 20:34:53
WE HAVE SEPARATE MADE IN FOR 

[Captioner] 20:34:55
RESIDENTIAL MOVE INS, WE HAVE 

[Captioner] 20:34:57
TAKEN GREAT CARE IN TERMS OF THE 

[Captioner] 20:34:58
OPERATIONS IN THE BUILDING WITH 

[Captioner] 20:34:59
THE TRASH.

[Captioner] 20:35:02
WE'VE ADDED A GREEN PLAZA TO TRY 

[Captioner] 20:35:06
TO GIVE A COMMUNITY SPACE AND A 

[Captioner] 20:35:09
CENTRAL FOCUSES FOR FREMONT 

[Captioner] 20:35:09
HUB.

[Captioner] 20:35:11
FREMONT HUB'S BEEN AROUND FOR A 

[Captioner] 20:35:11
LODGE TIME.

[Captioner] 20:35:12
WE WANT TO BRING THE COMMUNITY 

[Captioner] 20:35:14
IN, HAVE A PLACE WHERE WE CAN 

[Captioner] 20:35:17
CLOSE DOWN TRAFFIC FOR FESTIVALS 

[Captioner] 20:35:19
AND EVENTS AND MAKE A REALLY 

[Captioner] 20:35:20
SPECIAL PLACE.

[Captioner] 20:35:24
NEXT SLIDE PLEASE.

[Captioner] 20:35:26
IT IS A REALLY GOOD LOOKING 

[Captioner] 20:35:28
BUILDING, ONE OUR DESIGN TEAM 

[Captioner] 20:35:30
HAS DONE AN AMAZING JOB IN 

[Captioner] 20:35:32
CREATING AN ICON TO BUILD UPON 

[Captioner] 20:35:35
THE GREAT WORK THAT THE FREMONT 

[Captioner] 20:35:36
BANK BUILDING ACROSS THE STREET 

[Captioner] 20:35:38
AS WELL AS THE MULTIFAMILY NEXT 

[Captioner] 20:35:41
DOOR BY MIG HAVE ADD OWED TO ARE 

[Captioner] 20:35:43
PART OF THE CITY AND WE THINK 

[Captioner] 20:35:44
THAT THE MOMENTUM THAT WE CAN 

[Captioner] 20:35:47
BUILD WILL AGAIN FURTHER THE 

[Captioner] 20:35:49
POWER OF THE DOWNTOWN THAT 

[Captioner] 20:35:52
FREMONT IS CREATING ESSENTIALLY 

[Captioner] 20:35:52
FROM SCRATCH.

[Captioner] 20:35:57
NEXT SLIDE PLEASE.

[Captioner] 20:36:01
WE HAVE AMPLE AMENITY SPACE AND 

[Captioner] 20:36:03
WE ARE REALLY EXCITED THE 

[Captioner] 20:36:05
RESIDENTIAL EXPERIENCE HERE FOR 

[Captioner] 20:36:07
OUR RENTERS WILL BE REALLY 

[Captioner] 20:36:09
SOMETHING SPECIAL WHICH WE'RE 

[Captioner] 20:36:11
REALLY AGAIN EXCITED ABOUT.

[Captioner] 20:36:13
WITH A LOT OF ACTIVITY TO THE 

[Captioner] 20:36:14
RETAIL WHICH IS REALLY IMPORTANT 

[Captioner] 20:36:16
TO US.

[Captioner] 20:36:17
WHAT WE'RE PROPOSING HERE WE 

[Captioner] 20:36:19
THINK WILL MAKE OUR RETAIL 

[Captioner] 20:36:21
STRONGER AND THAT'S A BIG FOCUS 

[Captioner] 20:36:22
FOR US.

[Captioner] 20:36:24
NEXT SLIDE HERE.

[Captioner] 20:36:26
JUST A FEW MORE VIEWS OF THE 

[Captioner] 20:36:27
BUILDING THAT WE ARE PROPOSING.

[Captioner] 20:36:31
I WOULD NOTE THAT EVERY UNIT 

[Captioner] 20:36:32
HERE HAS A BALCONY WHICH IS 

[Captioner] 20:36:34
SOMETHING WE DON'T TYPICALLY DO 

[Captioner] 20:36:38
BUT IS ONE OF THE KEY COMPONENTS 

[Captioner] 20:36:41
OF THE CITY CENTER COMMUNITY 

[Captioner] 20:36:43
PLAN THAT WE WENT THROUGH GREAT 

[Captioner] 20:36:44
LENGTHS TO RESPECT COMPLETELY.

[Captioner] 20:36:48
WITH NO VARIANCE REQUESTS AT 

[Captioner] 20:36:49
ALL, THAT WAS A BIG PART OF OUR 

[Captioner] 20:36:51
APPLICATION UNDER THE CITY 

[Captioner] 20:36:52
CENTER COMMUNITY PLAN.

[Captioner] 20:36:55
NEXT SLIDE PLEASE.

[Captioner] 20:36:56
GREAT.

[Captioner] 20:37:01
WOAL, AND THEN THE FINAL 

[Captioner] 20:37:03
SUBSTANTIVE SLIDE JUST MAKES THE 

[Captioner] 20:37:05
POINT THAT I JUST MADE IF YOU 

[Captioner] 20:37:07
COULD CHANGE THE NEXT SLIDE.

[Captioner] 20:37:10
ONE MORE.

[Captioner] 20:37:13
JUST MAKING A POINT THAT I JUST 

[Captioner] 20:37:15
MADE ABOUT US GOING THROUGH 

[Captioner] 20:37:18
GREAT LENGTHS TO BE OBJECTIVELY 

[Captioner] 20:37:21
COMPLIANT, UNDER THE CITY CENTER 

[Captioner] 20:37:24
COMMUNITY PLAN, WORKING 

[Captioner] 20:37:26
EXHAUSTIVELY WITH STAFF WHOSE 

[Captioner] 20:37:28
TIME WE CERTAINLY APPRECIATE.

[Captioner] 20:37:31
FOR THE REMAINDER OF MY TIME I'D 

[Captioner] 20:37:32
LIKE TO MAKE OUR LAND USE 

[Captioner] 20:37:34
ATTORNEY MAKE A COUPLE OF 

[Captioner] 20:37:37
COMMENTS ABOUT CEQA AND A COUPLE 

[Captioner] 20:37:40
OF COMMENTS THAT HAVE BROAD UP 

[Captioner] 20:37:42
THIS EVENING.

[Captioner] 20:37:45
>> GOOD EVENING, MAYOR MEI, 

[Captioner] 20:37:47
BRIAN WINTER, WANTED TO FLAG A 

[Captioner] 20:37:48
COUPLE OF THINGS.

[Captioner] 20:37:51
I ALSO WANTED TO THANK CITY 

[Captioner] 20:37:56
STAFF, MARK HUNGER

[Captioner] 20:37:58
FORD, AND 

[Captioner] 20:37:59
OTHER CITY STAFF.

[Captioner] 20:38:01
APPLYING STATE LAW TO THE 

[Captioner] 20:38:04
PROJECT AS MR. HUNGERFORD 

[Captioner] 20:38:06
EXPLAINED AT SOME LENGTH, 

[Captioner] 20:38:08
HOISTING ACCOUNTABILITY ACT, A 

[Captioner] 20:38:11
1982 STATUTE THAT'S BEEN AMENDED 

[Captioner] 20:38:13
MANY TIMES AND STRENGTHEN OWED 

[Captioner] 20:38:14
OVER THE YEARS.

[Captioner] 20:38:18
I WANT TO FIND A COUPLE OF QUICK 

[Captioner] 20:38:20
POINTS THAT WERE MADE BY THE 

[Captioner] 20:38:20
APPELLANTS.

[Captioner] 20:38:22
WE ARE HERE BECAUSE THE 

[Captioner] 20:38:23
APPELLANTS ARE SEEKING UNION 

[Captioner] 20:38:26
JOBS ON A DEVELOPMENT PROJECT 

[Captioner] 20:38:29
AND CEQA IS THE MEANS BY WHICH 

[Captioner] 20:38:32
THOUGH ATTEMPT TO EDGE LEVERAGE 

[Captioner] 20:38:35
THE JOBS, IF THEY HAD THESE JOBS 

[Captioner] 20:38:36
TODAY WE WOULDN'T BE HERE BUT WE 

[Captioner] 20:38:37
ARE.

[Captioner] 20:38:39
BUTTER CEQA IS NOT -- THERE ARE 

[Captioner] 20:38:40
MANY THINGS OWN THE TABLE RIGHT 

[Captioner] 20:38:41
NOW.

[Captioner] 20:38:44
KIMCO, IF THERE IS ANY CHALLENGE 

[Captioner] 20:38:46
HERE BEYOND A DECISION THIS 

[Captioner] 20:38:48
EVENING HOPEFUL IN FAVOR OF THE 

[Captioner] 20:38:52
PROJECT, KIMCO INDEMNIFIES THE 

[Captioner] 20:38:52
CITY.

[Captioner] 20:38:54
WE BELIEVE THE RECORD SUPPORTS 

[Captioner] 20:38:55
WHAT IS PRESENTED TO YOU AND THE 

[Captioner] 20:38:58
DECISIONS THAT WERE MADE BY THE 

[Captioner] 20:38:59
ZONING ADMINISTRATOR AND THE 

[Captioner] 20:39:02
PLANNING COMMISSION BUT KIMCO IS 

[Captioner] 20:39:04
INDEMNIFYING THE CITY AS IS THE 

[Captioner] 20:39:07
CASE IN ALL SUCH PROJECTS.

[Captioner] 20:39:10
CEQA ALSO FAVORS FINALITY.

[Captioner] 20:39:12
THERE IS A LONG LINE OF CARESS 

[Captioner] 20:39:15
FAVORING FINALITY OF CEQA CASES 

[Captioner] 20:39:16
ONCE THEY HAVE BEEN MADE.

[Captioner] 20:39:18
AND THAT IS WHY YOU HAVE LAWS 

[Captioner] 20:39:22
SUCH THAT ARE SET FORTH IN CEQA

[Captioner] 20:39:22
 

[Captioner] 20:39:26
GUIDELINES 15162 AND 1 KNIFE 

[Captioner] 20:39:26
183.

[Captioner] 20:39:28
THOSE MANDATE WHAT IS PROPOSED 

[Captioner] 20:39:31
IN THE ABSENCE OF SUBSTANTIAL 

[Captioner] 20:39:35
EVIDENCE, IT IS THOUGHT EVEN AN 

[Captioner] 20:39:37
OPTION, IT IS AN MANDATE.

[Captioner] 20:39:41
THAT IS WHAT SECTION 15162 

[Captioner] 20:39:41
SAYS.

[Captioner] 20:39:45
THE ITEM IN 15162 HAS NOT

[Captioner] 20:39:48
 BEEN 

[Captioner] 20:39:50
FAIRLY REPRESENTED, THE QUESTION 

[Captioner] 20:39:51
THAT IS BEEN FLAGGED FOR YOU IS 

[Captioner] 20:39:52
NOT WHETHER THE INFORMATION WAS 

[Captioner] 20:39:53
NOTE KNOWN.

[Captioner] 20:39:55
THE QUESTION IN THE STATUTE IS 

[Captioner] 20:39:58
WHETHER IT WAS NOT KNOWN AND 

[Captioner] 20:40:00
COULD NOT HAVE BEEN KNOWN WITH 

[Captioner] 20:40:02
THE EXERCISE OF REASONABLE 

[Captioner] 20:40:03
DILIGENCE.

[Captioner] 20:40:06
ROG IMPACTS HAVE BEEN UNDERSTOOD 

[Captioner] 20:40:09
AND KNOWABLE WITH THE EXERCISE 

[Captioner] 20:40:12
OF REASONABLE DILIGENCE FOR MANY 

[Captioner] 20:40:13
YEARS CERTAINLY FURTHER BACK 

[Captioner] 20:40:15
THAN THE UNDERLYING EIR THAT IS 

[Captioner] 20:40:19
THE BASIS OF THE CEQA APPEAL 

[Captioner] 20:40:19
TONIGHT.

[Captioner] 20:40:21
THE DUE PROCESS ISSUE THAT IS 

[Captioner] 20:40:23
PROPOSED IS A NOTHING.

[Captioner] 20:40:24
THE LEADING CALIFORNIA CASE 

[Captioner] 20:40:29
DEALING WITH DUE PROCESS FOR

[Captioner] 20:40:29
 

[Captioner] 20:40:32
ADJUDE CAIIVE CASES LIKE THIS, 

[Captioner] 20:40:35
DOES NOT ESTABLISHED GENERALIZED 

[Captioner] 20:40:37
DUE PROCESS RIGHTS FOR AGGRIEVED 

[Captioner] 20:40:39
MEMBERS OF LABOR UNIONS.

[Captioner] 20:40:42
YOU HAVE TO HAVE A SUBSTANTIAL 

[Captioner] 20:40:43
PROPERTY INTEREST THAT IS 

[Captioner] 20:40:44
PROTECTED IN ORDER TO HAVE DUE 

[Captioner] 20:40:44
PROCESS RIGHTS.

[Captioner] 20:40:46
THERE IS NO DUE PROCESS FOR 

[Captioner] 20:40:47
LABOR UNION.

[Captioner] 20:40:49
THE PUBLIC POLICY IF I CAN SAY 

[Captioner] 20:40:50
TWO QUICK THINGS WITH RESPECT TO 

[Captioner] 20:40:52
THE PUBLIC POLICIES THAT ARE 

[Captioner] 20:40:54
ISSUED TONIGHT, I WILL READ ONE 

[Captioner] 20:40:57
THING, CEQA EXPRESSLY 

[Captioner] 20:40:58
RECOGNIZES, I'LL STOP BUT I HAVE 

[Captioner] 20:41:00
TWO QUICK THINGS TO SAY IF I 

[Captioner] 20:41:01
MAY.

[Captioner] 20:41:02
>> Mayor Mei:   PLEASE FINISH 

[Captioner] 20:41:05
YOUR SENTENCE AT LEAST.

[Captioner] 20:41:09
>> EXPRESSLY RECOGNIZES IN 24177

[Captioner] 20:41:10
 

[Captioner] 20:41:13
D, TO PROVIDE DECENT HOME FOR 

[Captioner] 20:41:14
EVERY CALIFORNIAN.

[Captioner] 20:41:17
NUMBER 2 QUICKLY, THE HOUSING 

[Captioner] 20:41:18
 

[Captioner] 20:41:22
ACCOUNTABILITY ACTS, WEET TO THE 

[Captioner] 20:41:24
INTEREST AND APPROVAL OF 

[Captioner] 20:41:25
HOUSING.

[Captioner] 20:41:27
6925L.

[Captioner] 20:41:28
THANK YOU.

[Captioner] 20:41:30
>> Mayor Mei:   THANK YOU.

[Captioner] 20:41:31
I WAS GOING TO SAY.

[Captioner] 20:41:35
AT THIS POINT, WE ARE DUE FOR A 

[Captioner] 20:41:38
BREAK TO -- WE HAVE A PUBLIC 

[Captioner] 20:41:39
HEARING, DO WE HAVE A LOT OF 

[Captioner] 20:41:41
SPEAKER CARDS?

[Captioner] 20:41:44
I DON'T KNOW IF OUR 

[Captioner] 20:41:47
TRANSCRIPTIONER WILL BE COOUND, 

[Captioner] 20:41:49
I'D LIKE TO GO THROUGH THE 

[Captioner] 20:41:50
PUBLIC HEARING BEFORE WE GO ON 

[Captioner] 20:41:50
BREAK.

[Captioner] 20:42:02
OKAY WE HAVE FOUR SPEAKER 

[Captioner] 20:42:02
CARDS.

[Captioner] 20:42:04
>> The Clerk:   CORRECT.

[Captioner] 20:42:06
>> Mayor Mei:   SINCE WE ARE 

[Captioner] 20:42:09
GIVING THE PEALT AND THE 

[Captioner] 20:42:10
APPLICANT ONLY TEN MINUTES, 

[Captioner] 20:42:12
WE'LL GIVE EACH OF THOSE TWO 

[Captioner] 20:42:13
MINUTES.

[Captioner] 20:42:14
I'LL OPEN THE PUBLIC HEARING.

[Captioner] 20:42:15
YOU WANT TO CALL THE SPEAKERS.

[Captioner] 20:42:21
>> The Clerk:   BARBARA CEPEDA, 

[Captioner] 20:42:25
LISA DANS, JOHN HINES, KELLY 

[Captioner] 20:42:25
ABREW.

[Captioner] 20:42:32
>> Mayor Mei:   AND IF WE COULD 

[Captioner] 20:42:34
DO TWO MINUTES EACH THANK YOU.

[Captioner] 20:42:37
>> I'M A RESIDENT -- I'M BARBARA 

[Captioner] 20:42:39
CEPEDA, WELCOME TO EVERYBODY.

[Captioner] 20:42:41
I AM A RESIDENT OF FREMONT.

[Captioner] 20:42:43
I ACTUALLY LIVE RIGHT ACROSS THE 

[Captioner] 20:42:44
STREET FROM THE HUB.

[Captioner] 20:42:46
AND THAT'S WHY I'M HERE BECAUSE 

[Captioner] 20:42:48
I'M WORRIED ABOUT HOW MANY 

[Captioner] 20:42:51
PEOPLE ARE GOING TO MOVE IN.

[Captioner] 20:42:52
I'M VERY SIMPLE.

[Captioner] 20:42:54
I CAN'T TALK LIKE THEY WERE 

[Captioner] 20:42:55
TALKING BECAUSE I DON'T HAVE 

[Captioner] 20:42:57
THAT KNOWLEDGE.

[Captioner] 20:43:00
BUT I DO KNOW THAT PEOPLE WHO 

[Captioner] 20:43:03
ARE MOVING IN WITH THE HIGH 

[Captioner] 20:43:05
RENTS THEY'RE USUALLY SHARING 

[Captioner] 20:43:05
APARTMENTS.

[Captioner] 20:43:08
SO WE DON'T HAVE TWO CARS PER 

[Captioner] 20:43:08
FAMILY.

[Captioner] 20:43:12
WE HAVE FOUR CARS FOR A TWO-

[Captioner] 20:43:13
TWO-BEDROOM APARTMENT.

[Captioner] 20:43:14
THAT'S WHAT I KNOW.

[Captioner] 20:43:17
I ALSO KNOW, LISTENING TO THEM 

[Captioner] 20:43:20
TALK ABOUT THE IMPACT, I WILL 

[Captioner] 20:43:22
IMPACTED BECAUSE I KNOW SOMEONE 

[Captioner] 20:43:27
HIT THE FIRE HYDRANT IN THE HUB, 

[Captioner] 20:43:31
AND MY CONDOMINIUM, WE HAD BROWN 

[Captioner] 20:43:33
WATER FOR ABOUT TWO DAYS.

[Captioner] 20:43:35
SO WE ARE VERY CONNECTED.

[Captioner] 20:43:39
SO IT DOES BEHOOVE ME TO WANT TO 

[Captioner] 20:43:40
KNOW WHAT'S GOING ON WITH THIS 

[Captioner] 20:43:44
BUILDING.

[Captioner] 20:43:45
THAT'S WHY I'M HERE.

[Captioner] 20:43:47
AND I'M ALSO CURIOUS NOW THAT 

[Captioner] 20:43:49
EVERYONE'S BEEN TALKING ABOUT 

[Captioner] 20:43:51
ENVIRONMENTAL IMPACTS, THERE ARE 

[Captioner] 20:43:54
TWO GAS STATIONS.

[Captioner] 20:43:56
SO IS FREMONT GOING TO BE 

[Captioner] 20:43:58
BUILDING A PHARMACY ON TOP OF A 

[Captioner] 20:43:59
GAS STATION?

[Captioner] 20:44:00
WHAT ARE THEY GOING TO DO TO 

[Captioner] 20:44:03
CLEAN THAT EARTH?

[Captioner] 20:44:05
ISN'T THERE LEAD AND ALL SORTS 

[Captioner] 20:44:07
OF STUFF THEY HAVE TO -- I DON'T 

[Captioner] 20:44:08
KNOW.

[Captioner] 20:44:09
I'M JUST SIMPLE.

[Captioner] 20:44:10
ANYWAY.

[Captioner] 20:44:11
THANK YOU FOR HEARING ME.

[Captioner] 20:44:14
>> Mayor Mei:   THANK YOU.

[Captioner] 20:44:18
NEXT SPEAKER PLEASE.

[Captioner] 20:44:20
>> HI, GOOD EVENING, MY NAME IS 

[Captioner] 20:44:23
LISA DANS AND I'M HERE TO ASK 

[Captioner] 20:44:25
YOU TO SUPPORT STAFF 

[Captioner] 20:44:26
RECOMMENDATION AND DENY THE 

[Captioner] 20:44:26
APPEAL TONIGHT.

[Captioner] 20:44:29
I ALSO LIVE NEAR FREMONT HUB.

[Captioner] 20:44:31
I'M NEAR THE FOOT MAX AND MY 

[Captioner] 20:44:33
HOUSEHOLD DOES NOT OWN A CAR 

[Captioner] 20:44:35
WHICH FOR US IS AN INTENTIONAL 

[Captioner] 20:44:36
CHOICE BECAUSE WE'RE TRYING TO 

[Captioner] 20:44:39
DO OUR PART ON CLIMATE CHANGE 

[Captioner] 20:44:43
AND LIMIT OUR CARBON FOOTPRINT

[Captioner] 20:44:44
.

[Captioner] 20:44:48
DAILY NEEDS WALKING AND BARK 

[Captioner] 20:44:49
PARKING.

[Captioner] 20:44:51
FTC I'M HAPPY TO BE WALKING 

[Captioner] 20:44:51
DISTANCE FROM IT AND I WOULD 

[Captioner] 20:44:55
LOVE TO SEE 314 NEW HOUSEHOLDS 

[Captioner] 20:44:56
GET TO BENEFIT FROM THE SAME 

[Captioner] 20:44:58
THING AND I HOPE THAT SOME OF 

[Captioner] 20:45:00
THEM WOULD ALSO TAKE ADVANTAGE 

[Captioner] 20:45:01
OF THE OPPORTUNITY TO LIVE CAR 

[Captioner] 20:45:02
FREE.

[Captioner] 20:45:05
I TRUST STAFF'S AND PLANNING 

[Captioner] 20:45:07
COMMISSION'S CEQA ANALYSIS, I 

[Captioner] 20:45:09
THINK OUR STAFF DOES A GOOD JOB 

[Captioner] 20:45:10
HERE AND I THINK THAT THIS 

[Captioner] 20:45:12
PROJECT WOULD BE OF BENEFIT FOR 

[Captioner] 20:45:13
THE CLIMATE OVERALL.

[Captioner] 20:45:16
YOU KNOW BUILDING HOUSING IN LOW 

[Captioner] 20:45:20
VMT AREAS WOULD REDUCE OVERALL 

[Captioner] 20:45:23
VMT, BECAUSE IT'S GOING TO ALLOW 

[Captioner] 20:45:26
TO DRIVE MORE TO WORK TO GET TO 

[Captioner] 20:45:27
GROCERIES.

[Captioner] 20:45:28
BUILDING HOUSING IN THE BAY AREA 

[Captioner] 20:45:29
WITH OUR GREAT CLIMATE WOULD 

[Captioner] 20:45:32
ALSO REDUCE THE THE NEED FOR OIL 

[Captioner] 20:45:34
AND ELECTRICITY TO HEAT AND COOL 

[Captioner] 20:45:38
HOMES IN HARSHER CRIEMENTS IF 

[Captioner] 20:45:39
PEOPLE CAN'T LIVE HERE.

[Captioner] 20:45:41
CEQA HAS DONE A LOT OF GOOD BUT 

[Captioner] 20:45:44
I WOULD SAY ITS MAJOR WEAKNESS 

[Captioner] 20:45:47
MAKES IT EASY TO ATTACK PROJECTS 

[Captioner] 20:45:49
THAT WOULDN'T PROVIDE BENEFIT, 

[Captioner] 20:45:50
NOT ENOUGH ON THE IMPACT OF 

[Captioner] 20:45:51
DOING NOTHING.

[Captioner] 20:45:54
AND CEQA'S STREAMLINING IS 

[Captioner] 20:45:55
VALUABLE BECAUSE IT STRIKES A 

[Captioner] 20:45:58
BALANCE BY LITING YOU HAVE ONE 

[Captioner] 20:45:59
BIG ENVIRONMENTAL IMPACT STUDY 

[Captioner] 20:46:01
INSTEAD OF A LOT OF LITTLE ONES 

[Captioner] 20:46:02
SO PROJECTS CAN MOVE FORWARD.

[Captioner] 20:46:04
NOW WHAT I'M HEARING FROM THE 

[Captioner] 20:46:06
APPLICANT RIGHT NOW IS THAT THIS 

[Captioner] 20:46:07
WHOLE ENVIRONMENTAL DISCUSSION 

[Captioner] 20:46:11
IS REALLY A QUESTION ABOUT 

[Captioner] 20:46:12
NEGOTIATION AND IF THAT IS THE 

[Captioner] 20:46:14
CASE I WOULD SAY PLEASE ALL THE 

[Captioner] 20:46:15
PARTIES INVOLVED INCLUDING THE 

[Captioner] 20:46:17
APPLICANT HAVE A GOOD FAITH 

[Captioner] 20:46:18
NEGOTIATION AND GET THIS ALL 

[Captioner] 20:46:20
BECAUSE WE NEED THE HOITION 

[Captioner] 20:46:20
NOW.

[Captioner] 20:46:21
THANK YOU.

[Captioner] 20:46:23
>> Mayor Mei:   THANK YOU.

[Captioner] 20:46:24
NEXT SPEAKER PLEASE.

[Captioner] 20:46:31
>> The Clerk:   JOHN HINES.

[Captioner] 20:46:35
KELLY ABREW AND CELINE MAST

[Captioner] 20:46:36
ON 

[Captioner] 20:46:38
JUST TURNED IN A CARD NOW.

[Captioner] 20:46:39
>> SORRY IT'S ME.

[Captioner] 20:46:41
THIS IS ABOUT STAFF'S 

[Captioner] 20:46:42
PRESENTATION.

[Captioner] 20:46:44
IN YOUR CHOICE OF PHRASING, IN 

[Captioner] 20:46:45
YOUR SELECTION OF ARGUMENTS TO 

[Captioner] 20:46:47
PRESENT AND HOW TO ARRANGE THEM, 

[Captioner] 20:46:49
I IT WAS STRIKING HOW YOU GUYS 

[Captioner] 20:46:52
SOUNDED LIKE ENTHUSIASTIC CHEER 

[Captioner] 20:46:53
LEADERS FOR A PROJECT TO WHICH 

[Captioner] 20:46:55
YOU HAD BECOME PERSONALLY 

[Captioner] 20:46:55
ATTACHED.

[Captioner] 20:46:58
THERE WAS NOTES OF ANNOYANCE AND 

[Captioner] 20:47:00
EVEN DISDAIN IN A COUPLE OF 

[Captioner] 20:47:00
POINTS.

[Captioner] 20:47:02
I UNDERSTAND HOW THAT HAPPENS, 

[Captioner] 20:47:04
YOU SPEND TIME ON A THING YOU 

[Captioner] 20:47:07
WANT TO FINISH AND MOVE ON TO 

[Captioner] 20:47:07
SOMETHING ELSE.

[Captioner] 20:47:09
BUT IF YOU WANT TO PRESERVE YOUR 

[Captioner] 20:47:11
CREDIBILITY FOR OBJECTIVE 

[Captioner] 20:47:12
ANALYSIS WHICH IS VALUABLE YOU 

[Captioner] 20:47:15
WANT TO STOP NOW AND THINK OSCAR 

[Captioner] 20:47:16
SOMEONE ELSE IS MAKING THIS 

[Captioner] 20:47:19
DECISION, I'M PROVIDING 

[Captioner] 20:47:21
INFORMATION HOW DO I SOUND NOW.

[Captioner] 20:47:22
THANK YOU.

[Captioner] 20:47:23
>> Mayor Mei:   THANK YOU.

[Captioner] 20:47:27
NEXT SPEAKER PLEASE, KELLY, 

[Captioner] 20:47:31
WELCOME FOLLOWED BY CELINE.

[Captioner] 20:47:35
>> SO SOME OF THE ENVIRONMENTAL 

[Captioner] 20:47:36
IMPACTS HERE, A LOT OF THE 

[Captioner] 20:47:38
DISCUSSIONS ABOUT THE 

[Captioner] 20:47:39
ENVIRONMENTAL IMPACTS OF 

[Captioner] 20:47:43
CONSTRUCTION, NEW CONSTRUCTION, 

[Captioner] 20:47:45
I'M GOING TO TAKE A BROADER VIEW 

[Captioner] 20:47:47
AND LOOK AT THAT AND ALSO LOOK 

[Captioner] 20:47:50
AT THE EXISTING CONDITIONS.

[Captioner] 20:47:52
THE EXISTING CONDITIONS IS THAT 

[Captioner] 20:47:53
THEY DESIGNATED, THIS IS 

[Captioner] 20:47:55
SUPPOSED TO BE A DOWNTOWN.

[Captioner] 20:47:57
YOU KNOW, IT IS NOT SUPPOSED TO 

[Captioner] 20:47:59
BE SINGLE FAMILY RESIDENTIAL.

[Captioner] 20:48:02
IT'S SUPPOSED TO BE DOWNTOWN.

[Captioner] 20:48:04
IT'S DOT A SEA OF ASPHALT.

[Captioner] 20:48:07
MOST PROBABLY LARGE PERCENTAGE 

[Captioner] 20:48:09
OF THE LAND THERE IS ASPHALT 

[Captioner] 20:48:11
PARKING LOTS AND THEN LOW RISE 

[Captioner] 20:48:13
BUILDINGS WHICH ARE STORES, MOST 

[Captioner] 20:48:14
OF THEM ARE LOW RISE AND THEN 

[Captioner] 20:48:16
THOSE ARE ACTUALLY DYING 

[Captioner] 20:48:18
COMMERCIAL SPACE.

[Captioner] 20:48:19
SO, YOU KNOW, INSTEAD OF THE 

[Captioner] 20:48:21
CITY HAVING TO GO IN AND 

[Captioner] 20:48:23
REDEVELOP, YOU GOT THE DEVELOPER 

[Captioner] 20:48:24
WHO IS GOING TO REDEVELOP WHICH 

[Captioner] 20:48:27
IS NICE, THANK YOU VERY MUCH.

[Captioner] 20:48:30
THEY WANT TO CONVERT THE DEAD 

[Captioner] 20:48:33
AND DYING COMMERCIAL SPACE AND 

[Captioner] 20:48:37
CONVERT IT INTO HOUSING WHICH 

[Captioner] 20:48:37
 

[Captioner] 20:48:40
DARE I SAY GOES FROM SOMETHING 

[Captioner] 20:48:43
THAT NOBODY WANTS TO SOMETHING 

[Captioner] 20:48:43
THAT PEOPLE NEED.

[Captioner] 20:48:46
AND IT'S NOT WANTED BECAUSE 

[Captioner] 20:48:48
THEIR PROFITABILITY HAS 

[Captioner] 20:48:49
COLLAPSED, YOU KNOW, THAT'S WHY 

[Captioner] 20:48:50
I KNOW.

[Captioner] 20:48:53
I KNOW THAT COMMERCIAL, YOU 

[Captioner] 20:48:55
KNOW, STORES ARE HARD TO RUN 

[Captioner] 20:48:55
NOWADAYS.

[Captioner] 20:48:58
SO IS THIS THE RIGHT STRATEGY?

[Captioner] 20:49:00
YEAH, IT'S THE RIGHT STRATEGY.

[Captioner] 20:49:03
AND THEN COUPLE OF THINGS.

[Captioner] 20:49:04
THERE'S 400 PARKING SPACES 

[Captioner] 20:49:04
THERE.

[Captioner] 20:49:05
AND IN THE NEW DEVELOPMENT 

[Captioner] 20:49:09
THERE'S GOING TO BE 400 PARKING 

[Captioner] 20:49:10
SPACES.

[Captioner] 20:49:12
ALMOST AN EXACT MATCH.

[Captioner] 20:49:18
WHAT A

[Captioner] 20:49:20
 CONVENIENT THING.

[Captioner] 20:49:23
NOT STACKING THEM UP AND NOT 

[Captioner] 20:49:24
WASTING SO MUCH SPACE.

[Captioner] 20:49:25
DOWNTOWN FREMONT JUST TAKE A 

[Captioner] 20:49:27
LOOK AROUND YOU YOU ARE GOING TO 

[Captioner] 20:49:29
SEE PARKING LOTS THAT ARE 

[Captioner] 20:49:31
GENERALLY EMPTY.

[Captioner] 20:49:35
IT IS WASTED SPACE.

[Captioner] 20:49:36
>> Mayor Mei:   THANK YOU.

[Captioner] 20:49:37
WELCOME.

[Captioner] 20:49:40
>> GOOD EVENING, MAYOR, 

[Captioner] 20:49:43
COUNCILMEMBERS, THE STAFF.

[Captioner] 20:49:45
THE MANAGER, SEE WHAT WE ARE 

[Captioner] 20:49:48
DISCUSSING IS OUR FUTURE.

[Captioner] 20:49:52
IT IS NOT ONE SPACE.

[Captioner] 20:49:54
BUT FREMONT.

[Captioner] 20:49:56
WE'VE MADE FREMONT THE HAPPIEST 

[Captioner] 20:49:58
CITY IN THE WORLD BECAUSE WE ALL 

[Captioner] 20:49:59
WORK TOGETHER.

[Captioner] 20:50:02
AND THIS WORKING TOGETHER BRINGS 

[Captioner] 20:50:04
ABOUT VARIOUS QUESTIONS WHICH 

[Captioner] 20:50:05
ARE SOMETIMES DIFFICULT TO 

[Captioner] 20:50:06
ANSWER RIGHT AWAY.

[Captioner] 20:50:09
THE STAFF IS DOING AN EXCELLENT 

[Captioner] 20:50:10
JOB.

[Captioner] 20:50:12
YOU PEOPLE ARE DOING AN 

[Captioner] 20:50:13
EXCELLENT JOB.

[Captioner] 20:50:16
SO THINK OF FREMONT, TEN, 20, 

[Captioner] 20:50:20
30, 40, 45 YEARS FROM TODAY.

[Captioner] 20:50:22
I CAME HERE 45 YEARS AGO.

[Captioner] 20:50:23
SO I CAN RELATE TO THAT NUMBER 

[Captioner] 20:50:26
OF 45.

[Captioner] 20:50:28
IN 45 YEARS, THERE ARE A LOT OF 

[Captioner] 20:50:33
PLACES IN FREMONT WHICH ARE, I

[Captioner] 20:50:34
 

[Captioner] 20:50:36
CALL BLIGHT OR JUNK.

[Captioner] 20:50:37
WHICH SHOULD NOT BE THERE.

[Captioner] 20:50:39
THEY SHOULD BE DEVELOPED.

[Captioner] 20:50:41
THEY SHOULD BE PROPER PLANNING 

[Captioner] 20:50:46
ON HOW TO MAKE FREMONT ONE OF 

[Captioner] 20:50:50
THE MOST LIVABLE PLACES ON 

[Captioner] 20:50:50
EARTH.

[Captioner] 20:50:55
IT IS VERY -- WE ARE TAKING 

[Captioner] 20:50:57
THINGS PIECEMEAL ONE STEP AT A 

[Captioner] 20:50:58
TIME.

[Captioner] 20:50:59
LEAVE A LEGACY.

[Captioner] 20:51:01
AND THAT LEGACY SHOULD BE THAT 

[Captioner] 20:51:06
YOU PEOPLE MADE FREMONT INTO 

[Captioner] 20:51:10
PARIS, BEIJING OR ONE OF THE 

[Captioner] 20:51:11
GREAT CITIES OF THE WORLD.

[Captioner] 20:51:14
SO PLEASE, THINK ON THOSE TERMS 

[Captioner] 20:51:16
AND THEN DECIDE WHAT YOU PEOPLE 

[Captioner] 20:51:17
WANT TO DO.

[Captioner] 20:51:18
THANK YOU VERY MUCH.

[Captioner] 20:51:20
GOD BLESS YOU.

[Captioner] 20:51:21
>> Mayor Mei:   THANK YOU.

[Captioner] 20:51:23
AND THAT WAS THE LAST SPEAKER.

[Captioner] 20:51:25
AT THIS TIME I'M GOING TO CLOSE 

[Captioner] 20:51:27
THE PUBLIC COMMENT PERIOD.

[Captioner] 20:51:29
AND WE'LL ADJOURN FOR A TEN 

[Captioner] 20:51:30
MINUTE BREAK.

[Captioner] 20:51:32
THANK YOU.

[Captioner] 20:51:36
[ RECESS ]

[Captioner] 21:05:07
>> Mayor Mei:   AND I'D LIKE TO 

[Captioner] 21:05:07
WELCOME HOME THEM BACK.

[Captioner] 21:05:11
 

[Captioner] 21:05:12
WELCOME HOME THEM BACK.

[Captioner] 21:05:16
KALILA WELCOME.

[Captioner] 21:05:21
>> AS YOU KNOW, THE APPEAL 

[Captioner] 21:05:23
CHALLENGES THE CITY'S FAILURE TO 

[Captioner] 21:05:25
COMPLY WITH CEQA BASED OWN THE 

[Captioner] 21:05:26
CITY'S DECISION THOUGHT TO 

[Captioner] 21:05:29
PREPARE A PROJECT LEVEL EIR TO 

[Captioner] 21:05:32
ADDRESS THE PROJECT'S 

[Captioner] 21:05:35
SIGNIFICANT AIR QUALITY, NOISE 

[Captioner] 21:05:36
IMPACTS.

[Captioner] 21:05:37
UNDER CEQA, THE BURDEN IS OWN 

[Captioner] 21:05:40
THE AGENCY THOUGHT THE PUBLIC TO 

[Captioner] 21:05:41
PROVIDE SUBSTANTIAL EVIDENCE TO 

[Captioner] 21:05:42
SUPPORT THEIR CONCLUSIONS 

[Captioner] 21:05:45
REGARDING ENVIRONMENTAL 

[Captioner] 21:05:45
IMPACTS.

[Captioner] 21:05:48
OUR EXPERTS IDENTIFIED ERRORS IN 

[Captioner] 21:05:51
THE CEQA FALSE SUCH AS 

[Captioner] 21:05:52
UNSUBSTANTIATE OWED CONSTRUCTION 

[Captioner] 21:05:56
PHASE ET CETERA AND THE STAFF 

[Captioner] 21:05:58
FAILED TO PROVIDE ADDITIONAL 

[Captioner] 21:05:58
RESPONSE.

[Captioner] 21:06:00
IN ADDITION, OUR EXPERTS 

[Captioner] 21:06:02
PROVIDED THEIR OWN SIGNIFICANT 

[Captioner] 21:06:05
AIR QUALITY AND IMPACT WHICH THE 

[Captioner] 21:06:06
CITY DID NOT REBUT.

[Captioner] 21:06:09
THE REALLY ALSO CHALLENGES THE 

[Captioner] 21:06:11
CITY'S POLICY OF CARNLGING 

[Captioner] 21:06:13
APPELLANTS OPEN OWNED COST FOR 

[Captioner] 21:06:14
STAFF TIME ASSOCIATED WITH THE 

[Captioner] 21:06:16
PUBLIC HEARINGS ON EAST BAY 

[Captioner] 21:06:17
RESIDENTS, ADMINISTRATIVE 

[Captioner] 21:06:20
APPEALS CHALLENGING THE CITY'S 

[Captioner] 21:06:21
ENVIRONMENTAL REVIEW FOR THE 

[Captioner] 21:06:22
PROJECT.

[Captioner] 21:06:27
POOUNT TO FREMONT MIRPD 

[Captioner] 21:06:28
18.300.50 CITY COUNCIL'S REVIEW 

[Captioner] 21:06:32
OF THIS APPEAL IS DE NOVO AND 

[Captioner] 21:06:33
CITY COUNCIL IS NOT BOUND BY THE 

[Captioner] 21:06:34
DECISION THAT HAS BEEN APPEALED 

[Captioner] 21:06:36
OR LIMITED TO THE ISSUES RAISE 

[Captioner] 21:06:38
OWED IN THE APPEAL.

[Captioner] 21:06:39
EAST BAY RESIDENTS WAS FORCED TO 

[Captioner] 21:06:41
SIGN AN OPEN ENDED REIMBURSEMENT 

[Captioner] 21:06:43
AGREEMENT WITH THE CITY IN ORDER 

[Captioner] 21:06:46
TO FILE ITS APPEALS AND NOW 

[Captioner] 21:06:50
BEING INVOICED THOUSANDS OF 

[Captioner] 21:06:51
DOLLARS PAID TO FILE THE 

[Captioner] 21:06:52
APPEALS.

[Captioner] 21:06:54
OUR APPEAL LETTER EXPLAINS THAT 

[Captioner] 21:06:56
THE CITY'S REIMBURSEMENT POLICY 

[Captioner] 21:06:58
IS AN ILLEGAL CONTRACT AND A 

[Captioner] 21:07:00
VIOLATION OF PEANLTD'S DUE 

[Captioner] 21:07:03
PROCESS RIGHTS TO A HEARING.

[Captioner] 21:07:04
AS STATED THIS OUR LETTER, THERE 

[Captioner] 21:07:06
IS A CALIFORNIA APPEALS COURT 

[Captioner] 21:07:10
CASE THAT SAYS APPELLANTS CANNOT 

[Captioner] 21:07:14
BE CHARGED TO SCHAWF 

[Captioner] 21:07:19
ADMINISTRATIVE REMEDY

[Captioner] 21:07:20
 DS.

[Captioner] 21:07:21
>> Planner Pullen:   PUBLIC 

[Captioner] 21:07:22
RECORDS ACT REQUESTS RELATED TO 

[Captioner] 21:07:24
THE INVOICES AND APPEAL FEEDS.

[Captioner] 21:07:27
SO FAR THE RECORDS PRODUCED 

[Captioner] 21:07:29
DEMONSTRATE THAT THE CHARGES ARE 

[Captioner] 21:07:29
IMPROPER.

[Captioner] 21:07:32
WE ARE ASKING CITY COUNCIL TO 

[Captioner] 21:07:34
VOID THE APPEAL, REQUIRE A 

[Captioner] 21:07:35
PROJECT LEVEL EIR FOR THE 

[Captioner] 21:07:35
PROJECT.

[Captioner] 21:07:36
THANK YOU.

[Captioner] 21:07:39
>> Mayor Mei:   THANK YOU.

[Captioner] 21:07:41
AT THIS TIME ARE THERE ANY 

[Captioner] 21:07:43
CLARIFYING QUESTIONS OR COMMENTS 

[Captioner] 21:07:45
FROM THE COUNCILMEMBERS FOR THE 

[Captioner] 21:07:51
APPELLANT?

[Captioner] 21:07:55
I DON'T -- COUNCILMEMBER COX

[Captioner] 21:07:55
.

[Captioner] 21:07:55
>> Councilmember Cox:   THANK 

[Captioner] 21:07:56
YOU.

[Captioner] 21:07:57
I WOULD LIKE TO FIND OUT WHEN 

[Captioner] 21:07:59
WAS THE PUBLIC RECORDS REQUEST 

[Captioner] 21:08:01
SUBMITTED?

[Captioner] 21:08:02
>> THAT WAS SUBMITTED ON APRIL 

[Captioner] 21:08:03
FOIRT.

[Captioner] 21:08:08
 

[Captioner] 21:08:09
4th.

[Captioner] 21:08:10
>> Councilmember Cox:   OKAY AND 

[Captioner] 21:08:12
IF I MAY ASK WHERE WE ARE ON THE 

[Captioner] 21:08:14
STATUS OF THE REQUEST TO OUR 

[Captioner] 21:08:15
CITY STAFF OR TO OUR CITY 

[Captioner] 21:08:16
ATTORNEY.

[Captioner] 21:08:20
>> Cty. Attny. Alvarado:   SO TO 

[Captioner] 21:08:21
MY KNOWLEDGE THAT REQUEST HAS 

[Captioner] 21:08:23
BEEN CLOSED AS OF I WANT TO SAY 

[Captioner] 21:08:24
YESTERDAY.

[Captioner] 21:08:25
BUT THERE WERE RESPONSIVE 

[Captioner] 21:08:27
DOCUMENTS PROVIDED BY THE 

[Captioner] 21:08:28
PLANNING DIVISION RELATED TO THE 

[Captioner] 21:08:30
REQUEST.

[Captioner] 21:08:31
>> Councilmember Cox:   OH OKAY 

[Captioner] 21:08:33
SO WE DID SEND BACK 

[Captioner] 21:08:33
INFORMATION.

[Captioner] 21:08:38
>> CORRECT, YEAH THERE WERE TWO 

[Captioner] 21:08:39
PUBLIC RECORDS ACT REQUEST THAT 

[Captioner] 21:08:41
WS FILED FOR THE FREMONT HUB 

[Captioner] 21:08:44
PROJECT AND ONE FOR THE GATEWAY 

[Captioner] 21:08:45
PLAZA PROJECT AND STAFF HAD 

[Captioner] 21:08:47
RESPONSIVE DOCUMENTS FOR BOTH.

[Captioner] 21:08:47
>> Councilmember Cox:   WAS THIS 

[Captioner] 21:08:49
SOME OF THE DOCUMENTS WE'VE 

[Captioner] 21:08:52
ALREADY SEEN OR WAS THIS STUFF 

[Captioner] 21:08:53
FROM OTHER FINDINGS?

[Captioner] 21:08:54
WHAT WAS THE SPECIFIC ASK AND 

[Captioner] 21:08:56
THE RESPONSE BACK ON THE 

[Captioner] 21:08:58
INFORMATION IF YOU HAVE THAT?

[Captioner] 21:09:01
>> THE SPECIFIC ASK OF THESE PRA 

[Captioner] 21:09:04
REQUESTS WERE FOR RESPONSIVE 

[Captioner] 21:09:06
DOCUMENTS BETWEEN A SET PERIOD 

[Captioner] 21:09:07
OF TIME.

[Captioner] 21:09:08
THERE'S ACTUALLY BEEN I WANT TO 

[Captioner] 21:09:11
SAY THREE SEPARATE PRA FILINGS 

[Captioner] 21:09:15
FOR EACH PROJECT BY ADAMS 

[Captioner] 21:09:15
BROADWELL THROUGHOUT THE LIFE OF 

[Captioner] 21:09:17
THE PROJECT.

[Captioner] 21:09:18
THIS PARTICULAR REQUEST COVERED 

[Captioner] 21:09:20
AN APPROXIMATELY ONE MONTH 

[Captioner] 21:09:21
PERIOD FROM AROUND THE TIME OF 

[Captioner] 21:09:24
THE PLANNING COMMISSION HEARING 

[Captioner] 21:09:27
TO THE -- TO I GUESS AT THE TIME 

[Captioner] 21:09:29
OF THE MOST RECENT FILING WHICH 

[Captioner] 21:09:31
WAS APPROXIMATELY TWO WEEKS 

[Captioner] 21:09:31
AGO.

[Captioner] 21:09:32
>> Councilmember Cox:   OKAY.

[Captioner] 21:09:38
THANK YOU.

[Captioner] 21:09:42
>> Mayor Mei:   THANK YOU.

[Captioner] 21:09:43
VICE MAYOR SHAO.

[Captioner] 21:09:47
>> Vice Mayor Shao:   THANK YOU 

[Captioner] 21:09:48
MADAM MAYOR.

[Captioner] 21:09:50
I JUST WANTED TO HAVE SOME 

[Captioner] 21:09:50
COMMENTS.

[Captioner] 21:09:52
AS THE CITY COUNCIL REPRESENTING 

[Captioner] 21:09:55
DISTRICT 4 I'M VERY APPRECIATIVE 

[Captioner] 21:09:59
TO THE STAFF'S DILIGENCE.

[Captioner] 21:10:01
 IN 

[Captioner] 21:10:04
GETTING THIS PROJECT APPLICATION 

[Captioner] 21:10:06
PROCESS MOVING.

[Captioner] 21:10:10
AS PRESENTED TONIGHT, I SEE THAT 

[Captioner] 21:10:13
IT PROVIDES NOT ONLY TREMENDOUS 

[Captioner] 21:10:17
AMOUNT OF ECONOMIC AND FISCAL 

[Captioner] 21:10:19
BENEFITS, TO THE CITY OF 

[Captioner] 21:10:22
FREMONT, IT ALSO WOULD 

[Captioner] 21:10:27
REJUVENATE THE ECONOMIC 

[Captioner] 21:10:28
ACTIVITIES IN FREMONT HUB.

[Captioner] 21:10:33
AS WE RECALL, ALL THE YEARS

[Captioner] 21:10:33
 WE 

[Captioner] 21:10:35
YOU'VE NECESSITATING THE 

[Captioner] 21:10:39
DOWNTOWN AREA BUSINESS HAS 

[Captioner] 21:10:42
ALWAYS BEEN ONE OF THE THREE 

[Captioner] 21:10:43
PRIORITIES.

[Captioner] 21:10:46
THAT BEING SAID, THERE'S NOTICE 

[Captioner] 21:10:50
WAY THAT WE WOULD EXCHANGE

[Captioner] 21:10:52
 OUR 

[Captioner] 21:10:56
ECONOMIC AND FISCAL BENEFIT

[Captioner] 21:10:56
 AT 

[Captioner] 21:11:00
THE LOSS OF OUR ENVIRONMENT.

[Captioner] 21:11:02
THEREFORE, I LOOK INTO THIS 

[Captioner] 21:11:06
ISSUE OF CEQA AND I BELIEVE THAT 

[Captioner] 21:11:09
NOT ONLY OUR GENERAL PLAN IN THE 

[Captioner] 21:11:13
BEGINNING BUT ALSO THE DUE 

[Captioner] 21:11:17
DILIGENCE BY OUR STAFF WOULD 

[Captioner] 21:11:20
HAVE CONVINCING EVIDENCE THAT 

[Captioner] 21:11:24
THERE IS NO NEED FOR

[Captioner] 21:11:27
 A 

[Captioner] 21:11:29
PROJECT-SPECIFIC STUDY TO 

[Captioner] 21:11:33
FURTHER DELAY THIS PROJECT, AND 

[Captioner] 21:11:37
DELAY THE SUPPLY OF HOUSING 

[Captioner] 21:11:39
WHICH IS IN HIGH DEMAND IN THE 

[Captioner] 21:11:42
CITY OF FREMONT.

[Captioner] 21:11:44
SO CONSIDERING ALL THE FACTORS, 

[Captioner] 21:11:46
I'M SUPPORTIVE TO THE STAFF 

[Captioner] 21:11:53
RECOMMENDATION.

[Captioner] 21:11:55
>> Mayor Mei:   THANK YOU.

[Captioner] 21:11:58
IF THERE -- ANY OTHER CLARIFYING 

[Captioner] 21:12:00
QUESTIONS OR COMMENTS?

[Captioner] 21:12:02
OKAY, THANK YOU SO MUCH FOR YOUR 

[Captioner] 21:12:03
COMMENTS.

[Captioner] 21:12:04
THE APPLICANT WILL ALSO HAVE 

[Captioner] 21:12:05
FIVE MINUTES FOR REBUTTAL AT THE 

[Captioner] 21:12:08
 AT 

[Captioner] 21:12:08
THIS TIME.

[Captioner] 21:12:13
WELCOME BACK.

[Captioner] 21:12:15
>> THANK YOU MAYOR.

[Captioner] 21:12:16
WE WOULD JUST FEEL STRONGLY 

[Captioner] 21:12:18
ABOUT THE PROJECT AND APPRECIATE 

[Captioner] 21:12:22
STAFF'S DILIGENCE BETWEEN 

[Captioner] 21:12:23
PLANNING AND ECONOMIC 

[Captioner] 21:12:25
DEVELOPMENT AND CERTAINLY THE 

[Captioner] 21:12:28
CITY ATTORNEY'S OFFICES AS 

[Captioner] 21:12:28
WELL.

[Captioner] 21:12:29
THERE IS A LOT HERE.

[Captioner] 21:12:31
LET ME JUST SAY THAT WE ARE 

[Captioner] 21:12:33
COMMITTED TO INVESTING IN THE 

[Captioner] 21:12:36
CITY OF FREMONT AND PARTICULARLY 

[Captioner] 21:12:38
AT FREMONT HUB GIVEN THIS MATTER 

[Captioner] 21:12:40
BEFORE THE COUNCIL.

[Captioner] 21:12:43
I'LL DEFER THE REST OF MY TIME 

[Captioner] 21:12:45
TO MR. WINTER OUR LAND USE 

[Captioner] 21:12:47
ATTORNEY TO COMMENT FURTHER ON 

[Captioner] 21:12:49
CEQA AND THE ARGUMENTS MADE BY 

[Captioner] 21:12:50
THE APPELLANT.

[Captioner] 21:12:54
>> GOOD EVENING AGAIN, BRIAN 

[Captioner] 21:12:55
WINTER.

[Captioner] 21:12:57
I'LL BE BRIEF BUT THERE IS 

[Captioner] 21:12:58
SUBSTANTIAL EVIDENCE IN THE 

[Captioner] 21:12:59
RECORD THAT'S BEEN DISCUSSED 

[Captioner] 21:13:01
THIS EVENING THAT IS IN THE 

[Captioner] 21:13:02
EXTENSIVE DOCUMENTATION THAT YOU 

[Captioner] 21:13:04
HAVE IN FRONT OF YOU THAT YOU'VE 

[Captioner] 21:13:06
REVIEWED BEFORE THIS HEARING TO 

[Captioner] 21:13:08
SUPPORT THE CONCLUSIONS OF THE 

[Captioner] 21:13:09
ENVIRONMENTAL WORK THAT HAS BEEN 

[Captioner] 21:13:12
DONE ON BEHALF OF THIS PROJECT.

[Captioner] 21:13:14
THE ENVIRONMENTAL REVIEW IS 

[Captioner] 21:13:16
SUBJECT TO THE SUBSTANTIAL 

[Captioner] 21:13:17
EVIDENCE TEST UNDER CEQA WHICH 

[Captioner] 21:13:20
IS ONE WHERE IF THERE IS A 

[Captioner] 21:13:22
DEBAIT AMONG EXPERTS THE TIE 

[Captioner] 21:13:24
GOES TO THE PUBLIC AGENCY'S 

[Captioner] 21:13:24
DECISION.

[Captioner] 21:13:26
IT'S NOTE DEFERENCE -- THIS IS 

[Captioner] 21:13:28
NOTE THE FAIR ARGUMENT TEST AS 

[Captioner] 21:13:29
WOULD BE THE CASE WITH SOMETHING 

[Captioner] 21:13:35
LIKE A MITIGATED

[Captioner] 21:13:36
 NEGATIVE 

[Captioner] 21:13:37
DECLARATION TEST.

[Captioner] 21:13:39
ON THE ISSUE THE TIE GOES TO THE 

[Captioner] 21:13:40
AGENCY'S DECISION AND THE THE 

[Captioner] 21:13:42
AGENCY H AGENCY'S EXPERT.

[Captioner] 21:13:44
THAT EVIDENCE IN THE RECORD 

[Captioner] 21:13:44
FULLY SUPPORTS THE DECISION 

[Captioner] 21:13:45
TONIGHT.

[Captioner] 21:13:48
I WOULD GO BACK AGAIN AND TO 

[Captioner] 21:13:49
COMMENT AGAIN ON THE DUE PROCESS 

[Captioner] 21:13:51
ISSUE THAT'S BEEN TEED UP 

[Captioner] 21:13:51
TONIGHT.

[Captioner] 21:13:53
THERE IS NO DUE PROCESS ISSUE.

[Captioner] 21:13:56
SOMEBODY HAS TO PAY FOR THE FEES 

[Captioner] 21:13:58
OF CHALLENGING A PROJECT AS IT 

[Captioner] 21:14:00
HAS BEEN DONE HERE.

[Captioner] 21:14:01
THIS PROJECT WAS LAWFULLY 

[Captioner] 21:14:03
APPROVED BY YOUR ZONING 

[Captioner] 21:14:05
ADMINISTRATOR AND LAW FLURRY 

[Captioner] 21:14:07
APPROVED ON APPEAL BY YOUR 

[Captioner] 21:14:08
PLANNING COMMISSION AND IF 

[Captioner] 21:14:11
SOMEBODY DESIGNERS TO APPEAL THE 

[Captioner] 21:14:14
PROJECT THERE ARE COSTS AND FEES 

[Captioner] 21:14:15
INVOLVED IN DOING THAT, SOMEBODY 

[Captioner] 21:14:17
HAS TO PAY IT, EITHER THE 

[Captioner] 21:14:19
APPLICANT THE AGENCY OR THE 

[Captioner] 21:14:20
ENTITY FILING THE APPEAL.

[Captioner] 21:14:22
THERE IS NOTHING IMPROPER ABOUT 

[Captioner] 21:14:24
CHARGING THE PEAJTS IN A CASE 

[Captioner] 21:14:28
LIKE THIS FOR THE COST OF 

[Captioner] 21:14:29
THEIR -- APPELLANTS FOR THE CASE 

[Captioner] 21:14:32
LIKE THIS FOR THE CHALLENGING 

[Captioner] 21:14:33
THE PROJECT.

[Captioner] 21:14:34
BUT THERE IS NOTICE DUE PROCESS 

[Captioner] 21:14:36
INTEREST HERE WHEN THERE IS NO 

[Captioner] 21:14:37
PROTECTED PROPERTY INTEREST.

[Captioner] 21:14:39
THERE HASN'T BEEN ONE THAT HAS 

[Captioner] 21:14:41
BEEN ARTICULATED BY THE 

[Captioner] 21:14:45
APPELLANTS, NOR CAN THEY 

[Captioner] 21:14:45
ARTICULATE ONE.

[Captioner] 21:14:49
THIS CHALLENGE TO FILE AN APPEAL 

[Captioner] 21:14:51
IS FULLY APPROPRIATE AND WE 

[Captioner] 21:14:52
WOULD ENCOURAGE YOU TO MAKE A 

[Captioner] 21:14:54
DECISION TONIGHT HOPEFULLY TO 

[Captioner] 21:14:55
SUPPORT STAFF'S RECOMMENDATION 

[Captioner] 21:14:56
DENYING THE APPEAL AND ALLOWING 

[Captioner] 21:14:57
THE PROJECT TO MOVE FORWARD.

[Captioner] 21:14:58
THANK YOU VERY MUCH.

[Captioner] 21:15:03
>> Mayor Mei:   THANK YOU.

[Captioner] 21:15:05
AGAIN, CLARIFYING QUESTIONS OR 

[Captioner] 21:15:06
COMMENTS FROM THE COUNCIL.

[Captioner] 21:15:10
COUNCILMEMBER CAMPBELL.

[Captioner] 21:15:12
>> Councilmember Campbell:   I 

[Captioner] 21:15:14
JUST HAD A COUPLE OF QUICK 

[Captioner] 21:15:15
THINGS.

[Captioner] 21:15:19
ONE IS, DURING THE COURSE OF THE 

[Captioner] 21:15:21
-- OF ANY CONSTRUCTION 

[Captioner] 21:15:22
PROJECT ONCE YOU OPEN UP THE 

[Captioner] 21:15:25
WALLS YOU'RE NEVER KNOWING WHAT 

[Captioner] 21:15:26
YOU'RE GOING TO FIND.

[Captioner] 21:15:29
ONCE YOU START DIGGING YOU NEVER 

[Captioner] 21:15:30
KNOW WHAT YOU'RE GOING TO FIND.

[Captioner] 21:15:33
SO IS IT SAFE TO BELIEVE THAT 

[Captioner] 21:15:34
THERE ARE MITIGATION TACTICS 

[Captioner] 21:15:36
THAT ARE DONE ALONG THE WAY OF A 

[Captioner] 21:15:39
LARGE CONSTRUCTION PROJECT?

[Captioner] 21:15:39
>> YES.

[Captioner] 21:15:44
I MEAN OUR COMMITMENT TO THE 

[Captioner] 21:15:46
RESIDENTS, TO OUR NEIGHBORS, TO 

[Captioner] 21:15:50
THE CITY AS A WHOLE IS TO RUN A 

[Captioner] 21:15:53
SAFE AND RESPONSIBLE 

[Captioner] 21:15:55
CONSTRUCTION OPERATION USING ALL 

[Captioner] 21:15:57
THE BEST PRACTICES.

[Captioner] 21:15:59
THE GOOD NEWS IS THAT OUR 

[Captioner] 21:16:01
PROPERTY EXTENDS MUCH FURTHER 

[Captioner] 21:16:03
THAN THE BOUNDARIES OF THE 

[Captioner] 21:16:05
PROJECT, AT LEAST IN, YOU KNOW, 

[Captioner] 21:16:10
AT LEAST ON I GUESS THREE OF THE

[Captioner] 21:16:10
 

[Captioner] 21:16:12
SIDES OF THE PROJECT.

[Captioner] 21:16:16
SO WE CAN SOFTEN THE BLOW, WE 

[Captioner] 21:16:20
CAN YOU NOE WE CAN -- USE A 

[Captioner] 21:16:22
BUFFER IN MULTIPLE DIRECTIONS 

[Captioner] 21:16:24
AND THEN IN THE ONE DIRECTION 

[Captioner] 21:16:26
WHERE THERE ISN'T PROPERTY 

[Captioner] 21:16:28
BETWEEN US AND RESIDENTS AND 

[Captioner] 21:16:31
MEMBERS OF THE COMMUNITY, IS 

[Captioner] 21:16:32
FREMONT BOULEVARD WHICH IS 

[Captioner] 21:16:32
ITSELF A BUFFER.

[Captioner] 21:16:34
SO I JUST APPRECIATE THE 

[Captioner] 21:16:36
QUESTION AND ALL I CAN SAY IS 

[Captioner] 21:16:38
THAT WE'LL FOLLOW ALL THE 

[Captioner] 21:16:41
GUIDELINES AND BEST PRACTICES 

[Captioner] 21:16:45
AND ARE COMMITTED TO A SAFE AND 

[Captioner] 21:16:46
THOUGHTFUL CONSTRUCTION PROJECT 

[Captioner] 21:16:48
THAT WON'T LAST A DAY LONGER 

[Captioner] 21:16:52
THAN IT NEEDS TO AND WILL NEED 

[Captioner] 21:16:54
TO BE -- WE'LL BE CERTAINLY WELL 

[Captioner] 21:16:55
CARED FOR.

[Captioner] 21:16:55
>> Councilmember Campbell:   

[Captioner] 21:16:56
OKAY.

[Captioner] 21:16:58
AND THEN MY LAST QUESTION IS 

[Captioner] 21:17:00
ABOUT PREVAILING WAGES.

[Captioner] 21:17:01
>> UH-HUH.

[Captioner] 21:17:01
>> Councilmember Campbell:   

[Captioner] 21:17:05
WILL THIS PROJECT BE PAWING 

[Captioner] 21:17:08
PREVAILING WAGES?

[Captioner] 21:17:10
OR ARE YOU USING SOME OTHER KIND 

[Captioner] 21:17:12
OF WAGE CALCULATIONS?

[Captioner] 21:17:13
>> I APPRECIATE THE QUESTION.

[Captioner] 21:17:16
TYPICALLY, PROJECTS WITH PUBLIC 

[Captioner] 21:17:19
MONEY ARE REQUIRED TO PAY A 

[Captioner] 21:17:20
PREVAILING WAGE.

[Captioner] 21:17:21
THERE IS NOTICE SUBSIDY, THERE 

[Captioner] 21:17:23
IS NOTICE PUBLIC MONEY IN THE 

[Captioner] 21:17:25
PROJECT.

[Captioner] 21:17:27
WE INTEND TO -- THERE IS NO 

[Captioner] 21:17:30
SUBSIDY, THERE IS NO PUBLIC 

[Captioner] 21:17:32
MONEY IN THE PROJECT.

[Captioner] 21:17:34
WE WILL AT LEAST NEGOTIATE WITH 

[Captioner] 21:17:36
GENERAL CONTRACTOR THAT BRING ON 

[Captioner] 21:17:37
SUBCONTRACTORS.

[Captioner] 21:17:39
CERTAINLY, WE CERTAINLY WANT TO 

[Captioner] 21:17:41
MAKE SURE THAT THERE ARE -- THAT 

[Captioner] 21:17:47
PREDATORY AND EMPLOYER 

[Captioner] 21:17:50
CONTRACTING PROCESSES ARE -- 

[Captioner] 21:17:55
DON'T CREATE SOME INAPPROPRIATE 

[Captioner] 21:17:59
AND LEGAL WORKING CONDITIONS.

[Captioner] 21:18:02
BUT TO ANSWER YOUR QUESTION WE 

[Captioner] 21:18:03
WILL CERTAINLY WE'RE COMMITTED 

[Captioner] 21:18:07
TO MAKING SURE THAT THE WORKERS

[Captioner] 21:18:08
 

[Captioner] 21:18:11
ARE TREATED AND ARE IN A SAFE 

[Captioner] 21:18:12
WORKING ENVIRONMENT AND ARE 

[Captioner] 21:18:13
TREATED FAIRLY.

[Captioner] 21:18:15
BUT NO, THERE IS THOUGHT A PLAN 

[Captioner] 21:18:17
AT THIS POINT TO BE ABLE TO PAY 

[Captioner] 21:18:19
A CONSISTENT OR PREVAILING WAGE 

[Captioner] 21:18:22
ACROSS ALL OF THE LABORERS.

[Captioner] 21:18:22
>> Councilmember Campbell:   

[Captioner] 21:18:23
OKAY, THANK YOU SO MUCH.

[Captioner] 21:18:25
>> THANK YOU.

[Captioner] 21:18:26
>> Mayor Mei:   THANK YOU.

[Captioner] 21:18:30
COUNCILMEMBER COX.

[Captioner] 21:18:30
>> Councilmember Cox:   THANK 

[Captioner] 21:18:31
YOU VERY MUCH.

[Captioner] 21:18:34
I WOULD LIKE TO FIND OUT IF 

[Captioner] 21:18:37
THERE IS ANY POSSIBILITY OF 

[Captioner] 21:18:39
INCLUDING AFFORDABLE HOUSING IN 

[Captioner] 21:18:41
YOUR PROJECT.

[Captioner] 21:18:44
I KNOW IT'S A PRIME SPOT THERE 

[Captioner] 21:18:47
AT THE FREMONT HUB BUT WE DO 

[Captioner] 21:18:50
NEED SOME HELP IN TERMS OF 

[Captioner] 21:18:51
TRYING TO FIND IF THERE'S SOME 

[Captioner] 21:18:54
WAY THAT SOME OTHER COMMUNITIES 

[Captioner] 21:18:57
COULD BE ABLE TO COME AND LIVE 

[Captioner] 21:19:01
AT THIS WONDERFUL PROPERTY THAT 

[Captioner] 21:19:05
WILL EMBRACE A LOT OF THE

[Captioner] 21:19:05
 -- BE 

[Captioner] 21:19:08
ABLE TO WORK, PLAY AND WALK TO 

[Captioner] 21:19:10
RESTAURANTS AND RETAIL THERE.

[Captioner] 21:19:12
>> RIGHT.

[Captioner] 21:19:14
YOU'VE BEEN CONSISTENT IN YOUR 

[Captioner] 21:19:16
ADVOCACY FOR AFFORDABLE HOUSING, 

[Captioner] 21:19:18
AND WE CERTAINLY APPRECIATE 

[Captioner] 21:19:19
THAT.

[Captioner] 21:19:21
THIS IS AN ISSUE THAT WE'VE 

[Captioner] 21:19:24
REALLY WRESTLED WITH 

[Captioner] 21:19:25
PARTICULARLY WITH THIS PROJECT.

[Captioner] 21:19:27
WE KNOW THAT BOTH PROJECTS THIS 

[Captioner] 21:19:29
EVENING, WE ARE DOING OTHER 

[Captioner] 21:19:30
PROJECTS IN THE BAY AREA THAT DO 

[Captioner] 21:19:33
HAVE AN ONSITE INCLUSIONARY 

[Captioner] 21:19:33
COMPONENT.

[Captioner] 21:19:37
I WOULD SAY THAT HAD THIS BEEN, 

[Captioner] 21:19:40
SAY, TWO YEARS AGO OR FIVE YEARS 

[Captioner] 21:19:42
AGO, I WOULD HOPE THAT I COULD 

[Captioner] 21:19:45
HAVE COME UP WITH A LITTLE BIT 

[Captioner] 21:19:46
OF A DIFFERENT ANSWER.

[Captioner] 21:19:48
RIGHT NOW OUR PROPOSAL IS TO PAY 

[Captioner] 21:19:51
THE FEE IN LIEU RATHER THAN 

[Captioner] 21:19:52
HAVING AN ONSITE INCREMENT.

[Captioner] 21:19:56
LIKE I SAID IT'S SOMETHING WE'VE 

[Captioner] 21:19:58
REALLY WRESTLED WITH.

[Captioner] 21:20:00
I'M PERSONALLY ON THE BOARD OF 

[Captioner] 21:20:01
OF A TEACHER HOUSING PROJECT IN 

[Captioner] 21:20:03
THE BAY AREA.

[Captioner] 21:20:06
I -- OUR COMPANY IS TRYING TO DO 

[Captioner] 21:20:08
OUR PART TO SOLVE THE HOISTING 

[Captioner] 21:20:11
CRISIS OR AT LEAST PROVIDE ONE 

[Captioner] 21:20:13
SMALL VERY SMALL PART OF THE 

[Captioner] 21:20:16
SOLUTION, CITYWIDE, REGION WIDE, 

[Captioner] 21:20:18
STATEWIDE AND BEYOND.

[Captioner] 21:20:20
OUR PROBLEM HERE IS THAT THE 

[Captioner] 21:20:24
CONSTRUCTION COSTS HAVE OUTPACED 

[Captioner] 21:20:28
THE RENT GROWTH FOR QUITE SOME 

[Captioner] 21:20:31
TIME, AND OUR PRIMARY GOAL FROM 

[Captioner] 21:20:36
DOING THIS PROJECT IS TO ADD A 

[Captioner] 21:20:39
BIG PROP, ADD A SUBSTANTIAL 

[Captioner] 21:20:40
INVESTMENT TO IMPROVE THE 

[Captioner] 21:20:41
SHOPPING CENTER.

[Captioner] 21:20:43
RETAIL HAS BEEN UNDER A LOT OF 

[Captioner] 21:20:45
PRESSURE IN FREMONT HUB 

[Captioner] 21:20:49
CERTAINLY IS A PRIME EXAMPLE.

[Captioner] 21:20:51
IT'S A REALLY TOUGH TIME OUT 

[Captioner] 21:20:51
THERE.

[Captioner] 21:20:55
AND OUR CONCERN IS THAT IF WE 

[Captioner] 21:20:57
MAKE COMMITMENTS, AS ONE -- AS 

[Captioner] 21:21:00
IMPORTANT AS THEY ARE, THAT WILL 

[Captioner] 21:21:04
RAISE THE HURDLE RING AND MAKE 

[Captioner] 21:21:07
IT HARDER FOR US TO DELIVER 

[Captioner] 21:21:07
THESE PROJECTS.

[Captioner] 21:21:10
WE WANT TO INVEST IN THE 

[Captioner] 21:21:12
COMMUNITY AND TRANSFORM THE 

[Captioner] 21:21:13
PROJECT.

[Captioner] 21:21:16
WE HAVE WRESTLED WITH IT BUT 

[Captioner] 21:21:20
MATH IS SOMETHING THAT IS REALLY 

[Captioner] 21:21:22
CHALLENGE AT THIS MOMENT.

[Captioner] 21:21:25
SO -- AND I DON'T MEAN TO BE 

[Captioner] 21:21:26
DISMISSIVE OF YOUR QUESTION.

[Captioner] 21:21:28
I TOTALLY UNDERSTAND AND 

[Captioner] 21:21:29
APPRECIATE AND IT'S A COMMITMENT 

[Captioner] 21:21:32
THAT WE'RE TRYING, BUT AT THIS 

[Captioner] 21:21:37
POINT, OUR PLAN FOR -- IF YOU

[Captioner] 21:21:38
 

[Captioner] 21:21:40
WILL INDULGE ME FOR ONE MORE 

[Captioner] 21:21:41
SECOND, OUR PLAN FOR AFFORDABLE 

[Captioner] 21:21:43
HOUSING IS TO NUMBER 1 TO BUILD 

[Captioner] 21:21:47
THE UNITS, ADDING SUPPLY IS A -- 

[Captioner] 21:21:49
THE CRITICAL LONG TERM 

[Captioner] 21:21:49
SOLUTION.

[Captioner] 21:21:53
NUMBER 2, WE ARE FOCUSING ON 

[Captioner] 21:21:55
AFFORDABLE BY DESIGN WHICH IS A 

[Captioner] 21:21:58
CONCEPT THAT IS IN THE 

[Captioner] 21:22:02
AFFORDABLE HOUSING, IT'S IN THE 

[Captioner] 21:22:05
CODE, WHERE THERE'S AN 

[Captioner] 21:22:07
ENCOURAGEMENT TO BUILD SMALLER 

[Captioner] 21:22:09
UNITS WHICH, BECAUSE OF THEIR 

[Captioner] 21:22:14
SIZE AND INEFFICIENT NATURE ARE 

[Captioner] 21:22:17
AFFORDABLE ALL BY THEMSELVES.

[Captioner] 21:22:20
WE SPEND A LOT OF TIME IN THE 

[Captioner] 21:22:21
AFFORDABLE HOUSING ORDINANCE AND 

[Captioner] 21:22:24
CHAPTER 18.155 IN THE MUNICIPAL 

[Captioner] 21:22:25
CODE.

[Captioner] 21:22:28
AT THE SHOPPING CENTER, OF THE 

[Captioner] 21:22:30
314 UNITS WE EXPECT THAT 194 OF 

[Captioner] 21:22:34
THEM OR 62% WILL BE UNDER THE 

[Captioner] 21:22:36
700 SQUARE FOOT THRESHOLD.

[Captioner] 21:22:39
WE ALSO SPENT A LOT OF TIME ON 

[Captioner] 21:22:42
THE TRYING TO BE AND 

[Captioner] 21:22:47
SUCCESSFULLY BEING OBJECTIVELY 

[Captioner] 21:22:47
COMPLIANT WITH ALL THE 

[Captioner] 21:22:48
REQUIREMENTS OF THE CITY CENTER 

[Captioner] 21:22:50
COMMUNITY PLAN WHICH ADDED A 

[Captioner] 21:22:54
WHOLE BUNCH OF

[Captioner] 21:22:55
 COST.

[Captioner] 21:22:57
AND THE LAST POINT I WANTED TO 

[Captioner] 21:22:59
BRING UP IN THIS IS THAT WE 

[Captioner] 21:23:01
UNDERSTAND THAT THIS HEARING IS 

[Captioner] 21:23:02
DE NOVO, MEANING THE COUNCIL HAS 

[Captioner] 21:23:04
EVERY RIGHT TO TAKE A LOOK AT 

[Captioner] 21:23:07
THE WHOLE PROJECT AS I 

[Captioner] 21:23:08
UNDERSTAND IT.

[Captioner] 21:23:10
I WOULD NOTE THAT THE APPEAL 

[Captioner] 21:23:13
WHICH BROUGHT US HERE IS FOCUSED 

[Captioner] 21:23:16
ON THE ENVIRONMENTAL AND NOT THE 

[Captioner] 21:23:17
AFFORDABLE HOUSING.

[Captioner] 21:23:18
YOU HAVE EVERY RIGHT TO BRING IT 

[Captioner] 21:23:20
UP AND IT'S OBVIOUSLY SOMETHING 

[Captioner] 21:23:22
THAT'S A REAL CHALLENGE FOR US 

[Captioner] 21:23:24
AT THIS LOCATION, AT THIS MOMENT 

[Captioner] 21:23:25
IN TIME.

[Captioner] 21:23:29
BUT IT'S NOT -- IT'S NOT, YOU 

[Captioner] 21:23:31
KNOW, ONE THAT HAS AT LEAST 

[Captioner] 21:23:34
BROUGHT US HERE THIS EVENING, 

[Captioner] 21:23:37
JUST FOR CONTEXT.

[Captioner] 21:23:37
>> The Clerk:   I APPRECIATE 

[Captioner] 21:23:39
YOUR IN DEPTH EXPLANATION, THANK 

[Captioner] 21:23:40
YOU SO MUCH.

[Captioner] 21:23:41
LET ME ASK YOU ON ANOTHER NOTE 

[Captioner] 21:23:43
WITH THIS PROJECT, THERE'S A LOT 

[Captioner] 21:23:47
OF NEW SUSTAINABLE MATERIALS 

[Captioner] 21:23:49
BEING USED AND BEING BUILT THAT 

[Captioner] 21:23:52
COULD MITIGATE SOME OF THE AIR 

[Captioner] 21:23:54
QUALITY AND THE EMISSIONS.

[Captioner] 21:23:56
INTO THE AIR.

[Captioner] 21:23:57
COULD YOU EXPAND ON THAT A 

[Captioner] 21:23:59
LITTLE BIT OR YOU'RE ABLE TO 

[Captioner] 21:24:00
RIGHT NOW?

[Captioner] 21:24:02
I MEAN I KNOW THAT I WOULD JUST 

[Captioner] 21:24:04
LIKE TO GET A GOOD FEEL IN TERMS 

[Captioner] 21:24:06
OF IF THERE'S SOME WAYS, YOU 

[Captioner] 21:24:08
KNOW, JUST TRYING TO FIND SOME 

[Captioner] 21:24:10
MIDDLE GROUND HERE AND SEEING 

[Captioner] 21:24:13
HOW IN THERE WAS -- IF THERE WAS 

[Captioner] 21:24:15
SOME CONCERNS HOW WOULD BASED ON 

[Captioner] 21:24:18
YOUR PROJECT AND YOUR REVIEW AND 

[Captioner] 21:24:19
YOUR CONSTRUCTION PLANS AND ALL 

[Captioner] 21:24:21
OF THAT, AND BUYING THE MATERIAL 

[Captioner] 21:24:22
BECAUSE THAT'S GOING TO BE THE 

[Captioner] 21:24:24
POWER OF YOUR PURCHASING GROUP, 

[Captioner] 21:24:26
OR PROCUREMENT GROUP TO BE ABLE 

[Captioner] 21:24:29
TO DRIVE THE COST, AND HIT THE 

[Captioner] 21:24:30
MARKS.

[Captioner] 21:24:33
I'M JUST CURIOUS ON SOME OF YOUR 

[Captioner] 21:24:35
SUSTAINABLE BUILDING MATERIAL 

[Captioner] 21:24:37
PURCHASES AND HOW TO MITIGATE 

[Captioner] 21:24:39
THE AIR QUALITY.

[Captioner] 21:24:41
>> I'M PROBABLY NOT THE BEST 

[Captioner] 21:24:43
RESOURCE TO COMMENT ON THE -- 

[Captioner] 21:24:47
YOU KNOW, ON THE ALL THE NEWEST 

[Captioner] 21:24:48
BEST PRACTICES.

[Captioner] 21:24:50
ALL I CAN COMMENT ON REALLY IS 

[Captioner] 21:24:53
OUR COMMITMENT TO ENVIRONMENTAL 

[Captioner] 21:24:57
SUSTAINABLE BUILDING PRACTICES 

[Captioner] 21:24:58
AND MATERIALS.

[Captioner] 21:25:03
WE HAVE OUR COMPANY POLICY IS TO 

[Captioner] 21:25:05
DELIVER BUILDINGS WHEN WE BUILD 

[Captioner] 21:25:09
THEM WHICH ARE AT MINIMUM LEED 

[Captioner] 21:25:11
SILVER, WE HAVE EVERY COMMITMENT 

[Captioner] 21:25:15
AND EVERY INTENTION OF PRORVING 

[Captioner] 21:25:18
THIS BUILDING TO LEED GOLD WITH 

[Captioner] 21:25:20
THE LEED CERTIFICATION COMES 

[Captioner] 21:25:21
LOTS OF REQUIREMENTS FOR AIR 

[Captioner] 21:25:24
QUALITY AND THE WHOLE LOT OF 

[Captioner] 21:25:25
OTHER STANDARDS ACROSS THE 

[Captioner] 21:25:26
BOARD.

[Captioner] 21:25:28
SO ALL I CAN SAY IS THAT IT'S 

[Captioner] 21:25:30
SOMETHING THAT'S VERY 

[Captioner] 21:25:30
IMPORTANT.

[Captioner] 21:25:34
I'M PERSONALLY ON THE SUSTAIN

[Captioner] 21:25:35
SUSTAINABLE COMMUNITY GROUP 

[Captioner] 21:25:37
WITHIN OUR COMPANY.

[Captioner] 21:25:42
SO IT'S A PERSONAL

[Captioner] 21:25:44
 PATCH AND OUR 

[Captioner] 21:25:45
TEAM IS COMMITTED TO USING THE 

[Captioner] 21:25:48
BEST PRACTICES AND AGAIN WE PLAN 

[Captioner] 21:25:51
TO RUN AS CLEAN AND SUSTAINABLE 

[Captioner] 21:25:55
A JOB SITE AS FREMONT HAS SEEN.

[Captioner] 21:25:56
>> Councilmember Cox:   AND ONE 

[Captioner] 21:25:58
LAST QUESTION.

[Captioner] 21:25:59
WITH THE PROPERTY I KNOW THAT 

[Captioner] 21:26:01
THERE'S THE GAS STATION ON THE 

[Captioner] 21:26:05
CORNER AND THEN YOU HAVE THE 

[Captioner] 21:26:06
CVS.

[Captioner] 21:26:07
THE CVS IS GOING TO BE 

[Captioner] 21:26:08
RESPONSIBLE FOR THEIR OWN 

[Captioner] 21:26:10
DEVELOPMENT, I SHOULD ASK THAT 

[Captioner] 21:26:11
MAYBE TO STAFF.

[Captioner] 21:26:13
BUT CVS WOULD DO THEIR OWN 

[Captioner] 21:26:14
BUILDING RIGHT THERE, OR IS THAT 

[Captioner] 21:26:16
PART OF YOUR RESPONSIBILITY AS 

[Captioner] 21:26:19
THE DEVELOPER THAT YOU'LL BE 

[Captioner] 21:26:21
BUILDING THE CVS COMPONENT, THE 

[Captioner] 21:26:23
STORE THERE, THE DRIVE THROUGH?

[Captioner] 21:26:25
>> THAT'S A GOOD QUESTION.

[Captioner] 21:26:27
IT'S -- THAT HASN'T BEEN 

[Captioner] 21:26:27
DETERMINED.

[Captioner] 21:26:30
I WON'T GET INTO THE SPISKEDZ OF 

[Captioner] 21:26:33
OUR NEGOTIATION WITH -- 

[Captioner] 21:26:35
SPECIFICS OF OUR NEGOTIATION 

[Captioner] 21:26:36
WITH CVS.

[Captioner] 21:26:37
THERE IS A LOT THAT NEEDS TO 

[Captioner] 21:26:37
HAPPEN.

[Captioner] 21:26:40
THE DEGREE OF DIFFICULTY FOR 

[Captioner] 21:26:41
DELIVERING FREMONT THIS PROJECT 

[Captioner] 21:26:43
THAT WHEER CONSIDERING TONIGHT 

[Captioner] 21:26:46
IS THINK OF IT IN GYMNASTICS OR 

[Captioner] 21:26:49
DIVING THERE'S A LOT OF TWISTS 

[Captioner] 21:26:52
OR FLIPS AND IT IS A TOUGH ONE.

[Captioner] 21:26:54
WE'LL TAKE ONE STOAP AT A TIME.

[Captioner] 21:26:56
I STARTED WORKING ON THIS 

[Captioner] 21:26:58
PROJECT IN 2017.

[Captioner] 21:26:59
WE HAVE HAD MANY, MANY 

[Captioner] 21:27:01
DISCUSSIONS WITH CVS OVER THE 

[Captioner] 21:27:02
YEARS.

[Captioner] 21:27:04
THERE IS STILL A LOT OF WORK 

[Captioner] 21:27:05
THAT NEEDS TO BE DONE.

[Captioner] 21:27:07
THAT'S WHY IN OUR APPLICATION, 

[Captioner] 21:27:09
WE ARE REFERRING TO THE PHARMACY 

[Captioner] 21:27:12
BUILDING TO TRY TO BE AT LEAST 

[Captioner] 21:27:14
IS SOMEWHAT GENERIC.

[Captioner] 21:27:16
WE'RE COMMITTED TO THIS USE OR 

[Captioner] 21:27:17
KEEPING THIS RETAILER ON SITE 

[Captioner] 21:27:19
BECAUSE WE KNOW HOW IMPORTANT IT 

[Captioner] 21:27:20
IS TO MEMBERS OF THE COMMUNITY.

[Captioner] 21:27:23
BUT AS TO THE SPECIFICS OF WHO 

[Captioner] 21:27:25
BUILDS WHAT, WE DON'T KNOW YET.

[Captioner] 21:27:27
BUT WE WOULD -- WE CAN'T WAIT TO 

[Captioner] 21:27:28
BE IN THE POSITION TO TRY TO 

[Captioner] 21:27:30
FIGURE THAT OUT.

[Captioner] 21:27:30
>> Councilmember Cox:   I 

[Captioner] 21:27:31
APPRECIATE THAT.

[Captioner] 21:27:33
I DIDN'T MEAN TO JUMP THE GUN A 

[Captioner] 21:27:34
LITTLE BIT BUT I WANTED TO KIND 

[Captioner] 21:27:35
OF UNDERSTAND A LITTLE BIT OF 

[Captioner] 21:27:37
THE LANDSCAPE THERE BECAUSE I 

[Captioner] 21:27:39
KNOW THEY'RE DIFFERENT ENTITIES 

[Captioner] 21:27:42
AND EXISTING AND THE FUTURE.

[Captioner] 21:27:43
SO BUT THANK YOU SO MUCH FOR 

[Captioner] 21:27:45
ANSWERING ALL MY QUESTIONS.

[Captioner] 21:27:48
>> THANK YOU.

[Captioner] 21:27:50
>> Mayor Mei:   NEXT IS 

[Captioner] 21:27:51
COUNCILMEMBER SALWAN.

[Captioner] 21:27:51
>> Councilmember Salwan:   THANK 

[Captioner] 21:27:53
YOU, MADAM MAYOR AND THANK YOU 

[Captioner] 21:27:55
FOR YOUR PRESENTATION AND TEED 

[Captioner] 21:27:56
BACK.

[Captioner] 21:27:59
I THINK COUNCILMEMBER KASSAN 

[Captioner] 21:28:01
MADE A MENTION OF A PREVIOUS 

[Captioner] 21:28:03
PROJECT WE HAD IN NILES WHERE WE 

[Captioner] 21:28:06
HAD DONE KIND OF A LIMITED EIR.

[Captioner] 21:28:09
AND THEN IT WAS TAKEN TO COART.

[Captioner] 21:28:11
AND TWO YEARS LATER WE HAD TO DO 

[Captioner] 21:28:14
A FULL EIR AND IT CAUSED MORE 

[Captioner] 21:28:16
DELAYS IN THE PROJECT.

[Captioner] 21:28:18
IT STILL GOT APPROVED BUT JUST 

[Captioner] 21:28:20
YOU KNOW IN A ROUND ABOUT WAY.

[Captioner] 21:28:23
SO I WAS WONDERING IS THERE ANY 

[Captioner] 21:28:24
LOW HANGING FRUIT THAT MAYBE YOU 

[Captioner] 21:28:26
CAN PERHAPS SAFE GUARD SOME OF 

[Captioner] 21:28:28
THAT IF THERE'S SOME EASY 

[Captioner] 21:28:30
STUDIES LIKE THERE WAS SOME 

[Captioner] 21:28:32
ISSUES RAISE OWED ABOUT AIR, AND 

[Captioner] 21:28:34
NOISE, AND SOME OF THE OTHER 

[Captioner] 21:28:35
ENVIRONMENTAL FACTORS.

[Captioner] 21:28:37
IS THERE SOMETHING THAT CAN BE 

[Captioner] 21:28:39
DONE QUICKLY TO ADDRESS THOSE 

[Captioner] 21:28:40
RATHER THAN HAVE ANOTHER 

[Captioner] 21:28:43
LITIGATION, ANOTHER DELAYED 

[Captioner] 21:28:44
PROJECT WHICH IN THE END IS 

[Captioner] 21:28:47
AGAIN TIME AND MONEY?

[Captioner] 21:28:49
>> THAT'S -- MAYBE WE COULD TAKE 

[Captioner] 21:28:50
ANOTHER EASY QUESTION BEFORE WE 

[Captioner] 21:28:51
GET TO THE HARD ONES.

[Captioner] 21:28:56
I WOULD SAY

[Captioner] 21:28:59
 THAT WE AGREE WITH 

[Captioner] 21:29:01
STAFF THAT THE APPROPRIATE 

[Captioner] 21:29:03
ENVIRONMENTAL REVIEW HAS ALREADY 

[Captioner] 21:29:07
TAKEN PLACE, THAT THE USE OF 

[Captioner] 21:29:10
CATEGORICAL EXEMPTIONS FOR THIS 

[Captioner] 21:29:11
PROJECT AS WELL AS THE OTHER 

[Captioner] 21:29:14
UNDER CONSIDERATION TONIGHT 

[Captioner] 21:29:17
HAVE, YOU KNOW, HAVE -- ARE THE 

[Captioner] 21:29:18
APPROPRIATE MECHANISM.

[Captioner] 21:29:20
I WOULD ALSO NOTE THAT AS OUR 

[Captioner] 21:29:24
LAND USE ATTORNEY EXTRAORDINAIRE

[Captioner] 21:29:25
 

[Captioner] 21:29:26
MR. LANDER IS OUR RATHER THAN 

[Captioner] 21:29:30
THE CITY'S GIVEN THAT WE HAVE 

[Captioner] 21:29:38
 

[Captioner] 21:29:39
INDEMNIFIED THE CITY.

[Captioner] 21:29:41
WE UNDERSTAND THE CONCERN BUT AT 

[Captioner] 21:29:43
THE SAME TIME WE THINK THAT THE 

[Captioner] 21:29:44
APPROPRIATE REVIEW HAS ALREADY 

[Captioner] 21:29:45
BEEN DONE.

[Captioner] 21:29:46
I WOULD ALSO ENCOURAGE THAT IF 

[Captioner] 21:29:48
THERE ARE SPECIFIC QUESTIONS 

[Captioner] 21:29:50
ABOUT ENVIRONMENTAL, WHETHER 

[Captioner] 21:29:52
THEY BE THE CITY ATTORNEY OR 

[Captioner] 21:29:57
STAFF OR MR. COUGH FROM GREGORY 

[Captioner] 21:29:58
THE CITY'S CONSULTANT WHO IS 

[Captioner] 21:30:00
HERE THIS EVENING WOULD BE IN 

[Captioner] 21:30:02
MUCH BETTER POSITION TO ANSWER 

[Captioner] 21:30:04
THAT QUESTION WITH MUCH MORE 

[Captioner] 21:30:07
SPECIFICS THAN I CAN.

[Captioner] 21:30:08
>> Councilmember Salwan:   YOU 

[Captioner] 21:30:14
MENTIONED

[Captioner] 21:30:18
 INDEM ANY FIVE A 

[Captioner] 21:30:19
COUPLE OF TIMES.

[Captioner] 21:30:20
DO WE HAVE LEGAL RESPONSIBILITY 

[Captioner] 21:30:23
IN THE DECISION WE MAKE TODAY?

[Captioner] 21:30:25
>> Cty. Attny. Alvarado:   WE 

[Captioner] 21:30:27
CERTAINLY HAVE LEGAL 

[Captioner] 21:30:27
RESPONSIBILITY.

[Captioner] 21:30:29
WHAT WE REFER TO IS COMMON 

[Captioner] 21:30:31
PRACTICE WHEN IT COMES TO THESE 

[Captioner] 21:30:32
TYPES OF APPROVALS WHERE THE 

[Captioner] 21:30:35
DEVELOP WILL AGREE TO INDEMNIFY 

[Captioner] 21:30:38
THE CITY ON THE DEFENSE IF WE 

[Captioner] 21:30:42
ARE CHALLENGED ON THE CEQA.

[Captioner] 21:30:44
I BELIEVE THAT IS WHAT HE IS 

[Captioner] 21:30:45
REFERRING TO.

[Captioner] 21:30:48
WE WOULD HAVE TO DEFEND OUR 

[Captioner] 21:30:51
ACTIONS BUT THE DEVELOPER COULD 

[Captioner] 21:30:55
INDEMNIFY OUR ACTIONS.

[Captioner] 21:30:56
>> Councilmember Salwan:   AND 

[Captioner] 21:30:57
PAY OUR FEES?

[Captioner] 21:30:58
>> Cty. Attny. Alvarado:   THAT 

[Captioner] 21:30:59
IS PART OF THE APPROVAL.

[Captioner] 21:31:00
>> Councilmember Salwan:   THANK 

[Captioner] 21:31:01
YOU.

[Captioner] 21:31:02
>> Mayor Mei:   THANK YOU.

[Captioner] 21:31:03
COUNCILMEMBER KASSAN.

[Captioner] 21:31:04
>> Councilmember Kassan:   YOU 

[Captioner] 21:31:06
MENTION ELD HED EARLIER YOU HAD 

[Captioner] 21:31:08
SPOKEN TO THE NEIGHBORS LIKE 

[Captioner] 21:31:10
KAISER AND WASHINGTON HOSPITAL.

[Captioner] 21:31:11
I DON'T THINK YOU SAID ANYTHING 

[Captioner] 21:31:13
ABOUT HOW THOSE CONVERSATIONS 

[Captioner] 21:31:13
WENT.

[Captioner] 21:31:15
I SAW THAT IT SOUNDS LIKE THE 

[Captioner] 21:31:16
OWNER OF THE GAS STATION IS 

[Captioner] 21:31:17
SUPPORTIVE.

[Captioner] 21:31:18
>> YES.

[Captioner] 21:31:19
>> Councilmember Kassan:   CAN 

[Captioner] 21:31:20
YOU SAY A BIT ABOUT THE OTHER 

[Captioner] 21:31:22
NEIGHBORS THAT YOU SPOK TO?

[Captioner] 21:31:23
>> SURE.

[Captioner] 21:31:26
OUR BIGGEST NEIGHBORS OR MOST 

[Captioner] 21:31:28
IMPORTANT NEIGHBORS ARE OUR 

[Captioner] 21:31:29
TENANTS WHO ARE ON OUR SITE.

[Captioner] 21:31:31
AND WE CAN'S DO A BETTER JOB AS 

[Captioner] 21:31:33
TO REACHING OUT.

[Captioner] 21:31:36
BUT CERTAINLY, I DOUGH BELIEVE 

[Captioner] 21:31:38
THAT ALL OF OUR TENANTS ARE 

[Captioner] 21:31:40
AWARE AND WE'VE HAD OUR TEAM AND 

[Captioner] 21:31:42
OTHER PROPERTY MANAGEMENT AS 

[Captioner] 21:31:43
WELL AS DEVELOPMENT TEAM HAVE 

[Captioner] 21:31:44
HAD CONVERSATIONS.

[Captioner] 21:31:46
WE DID HAVE CONVERSATION WITH 

[Captioner] 21:31:48
WASHINGTON HOSPITAL, WE'VE BEEN 

[Captioner] 21:31:50
IN TOUCH WITH THEM OVER THE LAST 

[Captioner] 21:31:52
COUPLE OF YEARS.

[Captioner] 21:31:53
WE RECENTLY DID HAVE A 

[Captioner] 21:31:55
CONVERSATION WITH KAISER.

[Captioner] 21:31:57
NOT BECAUSE WE NECESSARILY 

[Captioner] 21:31:58
NEEDED TO, JUST FOR BEST 

[Captioner] 21:32:01
PRACTICES, ALTHOUGH THAT 

[Captioner] 21:32:02
CONVERSATION WAS REALLY FOCUSED 

[Captioner] 21:32:03
ON AND REALLY BOTH OF THROWS 

[Captioner] 21:32:05
CONVERSATIONS WERE FOCUSED ON 

[Captioner] 21:32:09
THE OTHER SIDE --

[Captioner] 21:32:10
>> Councilmember Kassan:   I 

[Captioner] 21:32:13
JUST REALIZE I WAS FOCUSED ON 

[Captioner] 21:32:13
THE WRONG SITE.

[Captioner] 21:32:15
WE CAN SAVE THAT QUESTION FOR 

[Captioner] 21:32:16
THE NEXT PROJECT, NO WORRIES.

[Captioner] 21:32:18
>> THAT'S ALL RIGHT.

[Captioner] 21:32:21
>> Mayor Mei:   COUNCILMEMBER 

[Captioner] 21:32:22
KENG.

[Captioner] 21:32:23
>> Councilmember Keng:   I 

[Captioner] 21:32:25
APPRECIATE THIS PROJECT, IT 

[Captioner] 21:32:26
LOOKS BEAUTIFUL AND IT IS REALLY 

[Captioner] 21:32:28
GOING TO HELP US MOVE FORWARD IN 

[Captioner] 21:32:30
VISION FOR OUR DOWNTOWN AREA.

[Captioner] 21:32:33
BUT I THINK IT ALSO I APPRECIATE 

[Captioner] 21:32:36
THAT YOU GUYS ARE KEEPING -- 

[Captioner] 21:32:40
TRYING TO KEEP THE CITIZENS THAT 

[Captioner] 21:32:42
ARE CURRENTLY ON SITE, I AM A 

[Captioner] 21:32:46
PRETTY FREQUENT CUSTOMER OF THE 

[Captioner] 21:32:50
STAPLES AND I HOPE THEY WILL BE 

[Captioner] 21:32:50
STAYING.

[Captioner] 21:32:53
BECAUSE I NOE THERE ARE SHOPPING 

[Captioner] 21:32:54
CENTERS, YOU KNOW, THAT I'VE 

[Captioner] 21:32:57
DEALT WITH THAT WHEN THEY WANT 

[Captioner] 21:32:59
TO -- WHEN THEY WANT TO WORK ON 

[Captioner] 21:33:01
THOSE THEY JUST KICK OFF YOU 

[Captioner] 21:33:04
KNOW ALL THE TENANTS AND SAY OH 

[Captioner] 21:33:07
THERE'S NO VIABILITY AND SO 

[Captioner] 21:33:10
WE'RE GOING TO BUILD ALL CONDOS 

[Captioner] 21:33:12
WHICH IS NOT GOING TO BE THE 

[Captioner] 21:33:14
CASE AND YOU'RE WORKING WITH 

[Captioner] 21:33:15
FREMONT HAVING THREE SHOPPING 

[Captioner] 21:33:18
CENTERS IN TONY INVESTING IN 

[Captioner] 21:33:18
US.

[Captioner] 21:33:21
SO I APPRECIATE THAT.

[Captioner] 21:33:23
AND I DO WANT TO CHIME IN AND 

[Captioner] 21:33:25
SAY THAT, YOU KNOW, I ENCOURAGE 

[Captioner] 21:33:29
YOU USING UNION LABOR AND LOCAL

[Captioner] 21:33:30
 

[Captioner] 21:33:33
LABOR, WHEREAS, YOU KNOW, 

[Captioner] 21:33:35
POSSIBLE, I KNOW THAT THERE WILL 

[Captioner] 21:33:37
BE BIDDING BUT WE DO WANT TO 

[Captioner] 21:33:39
MAKE SURE THAT OUR LOCAL JOB 

[Captioner] 21:33:43
FORCES ARE BEING USED AND ALSO, 

[Captioner] 21:33:47
THE LABORERS ARE BEING PAID AND

[Captioner] 21:33:48
 

[Captioner] 21:33:50
BEING COMPENSATED AND HAVE THEIR 

[Captioner] 21:33:51
BENEFITS AND SECURITY.

[Captioner] 21:33:55
AND SO I DO LOOK FORWARD TO -- I

[Captioner] 21:33:56
 

[Captioner] 21:33:59
WAS GOING TO CHIME IN ON 

[Captioner] 21:34:00
COUNCILMEMBER SALWAN'S COMMENT 

[Captioner] 21:34:02
ABOUT WHETHER THERE IS ANY LOWS 

[Captioner] 21:34:04
HANGING FRUITS THAT CAN ENHANCE 

[Captioner] 21:34:06
THE EIR BUT I'M SURE -- I'M NOT 

[Captioner] 21:34:07
SURE IF THAT CAN BE DONE IN THE 

[Captioner] 21:34:10
SHORT TIME.

[Captioner] 21:34:11
SO I THINK WE ALSO COVERED THAT 

[Captioner] 21:34:14
EARLIER.

[Captioner] 21:34:16
>> OUR POSITION IS THAT WE 

[Captioner] 21:34:18
REALLY RESPECTFULLY REQUEST A 

[Captioner] 21:34:19
DECISION TONIGHT.

[Captioner] 21:34:22
THIS HAS GONE A LONG TIME NOT 

[Captioner] 21:34:24
JUST ON THE CITY'S PART.

[Captioner] 21:34:26
I THINK I MENTIONED BEFORE, I'VE 

[Captioner] 21:34:28
BEEN WORKING ON THIS PARTICULAR 

[Captioner] 21:34:30
PROJECT SINCE 2017.

[Captioner] 21:34:33
IT TOOK US A WHILE MUCH TOO LONG 

[Captioner] 21:34:36
FROM THE CITY'S PERSPECTIVE I'M 

[Captioner] 21:34:39
SURE TO REACH THIS EVENING.

[Captioner] 21:34:42
AND, YOU KNOW, RESPECTFULLY, WE 

[Captioner] 21:34:46
WOULD -- WE THINK THAT IT'S THE 

[Captioner] 21:34:49
END OF THE ROAD AND UNDERSTAND 

[Captioner] 21:34:53
THE SENTIMENT BUT WE DON'T 

[Captioner] 21:34:54
BELIEVE THAT THERE IS A LOW 

[Captioner] 21:34:56
HANGING FRUIT EVEN THAT'S 

[Captioner] 21:34:57
NECESSARY OR APPROPRIATE AT THIS 

[Captioner] 21:34:58
TIME.

[Captioner] 21:35:01
>> Councilmember Keng:   THANK 

[Captioner] 21:35:02
YOU.

[Captioner] 21:35:03
>> BUT I APPRECIATE YOUR 

[Captioner] 21:35:04
COMMENTS.

[Captioner] 21:35:06
>> Mayor Mei:   THANK YOU.

[Captioner] 21:35:09
I JUST MAKE SOME COMMENTS TOO.

[Captioner] 21:35:10
I DEFINITELY WOULD ECHO THE 

[Captioner] 21:35:12
CONCERNS ABOUT HAVING 

[Captioner] 21:35:13
AFFORDABILITY AND THAT IS ONE OF 

[Captioner] 21:35:15
THE THINGS THAT WE'RE FORTUNATE 

[Captioner] 21:35:17
AND I DON'T KNOW IF EVERYONE IN 

[Captioner] 21:35:18
THE PUBLIC KNOWS DIRECTLY ACROSS 

[Captioner] 21:35:21
THE STREET ON THE CORNER OF BELL 

[Captioner] 21:35:24
STREET AND MOWRY IS BELL STREET 

[Captioner] 21:35:25
GARDENS WHICH IS COMING AND THAT 

[Captioner] 21:35:27
WILL BE WITHIN WALKING DISTANCE 

[Captioner] 21:35:29
DIRECTLY ADJACENT TO THIS 

[Captioner] 21:35:29
PROJECT.

[Captioner] 21:35:31
WE HAD TAKEN A TWO STORY MOTEL 

[Captioner] 21:35:33
AND JUST LIKE HOW WE HANDLE 

[Captioner] 21:35:35
THINGS WE BELIEVE IN REDUCE, 

[Captioner] 21:35:37
RECYCLE AND REUSE.

[Captioner] 21:35:39
AND IN THIS CASE I HAVE SEEN 

[Captioner] 21:35:42
THIS FROM MONTGOMERY WARD AND 

[Captioner] 21:35:43
FROM THE MOVIE THEATER THAT WAS 

[Captioner] 21:35:47
THERE, FROM HAVING DIFFERENT 

[Captioner] 21:35:48
STORES AND SERVICES THAT WERE 

[Captioner] 21:35:50
PROVIDED IN THAT MARKET SPACE.

[Captioner] 21:35:51
AND THEN HOW THAT'S REALLY 

[Captioner] 21:35:53
CHANGED RIGHT NOW.

[Captioner] 21:35:55
AND HOW RETAIL IS BEING 

[Captioner] 21:35:57
ADDRESSED IN SO MANY DIFFERENT 

[Captioner] 21:35:57
CITIES.

[Captioner] 21:35:58
AND WE SEE THIS ACROSS THE 

[Captioner] 21:36:00
NATION, ACROSS THE BAY, HOW 

[Captioner] 21:36:02
WE'RE TRYING TO REIMAGINE THIS.

[Captioner] 21:36:05
AND ALSO WHAT'S AFFORDABILITY, I 

[Captioner] 21:36:06
KNOW THAT'S A QUESTION THAT SO 

[Captioner] 21:36:08
MANY PEOPLE HAVE TALKED ABOUT 

[Captioner] 21:36:09
AND ALSO ACCESSIBILITY.

[Captioner] 21:36:11
SO I THINK THIS IS A GOOD USE IN 

[Captioner] 21:36:14
TERMS OF THE PARKING SPACE 

[Captioner] 21:36:16
COMMENT THAT WAS COMING FROM ONE 

[Captioner] 21:36:19
OF OUR PUBLIC MEMBERS EARLIER, I 

[Captioner] 21:36:22
THINK IT'S ALMOST A ONE BEDROOM 

[Captioner] 21:36:24
TO ONE PARKING SPACE RATIO IF I 

[Captioner] 21:36:25
REMEMBER CORRECTLY.

[Captioner] 21:36:28
AND THEN ALSO THE FACT THAT YOU 

[Captioner] 21:36:29
HAVE THOUGHT ABOUT THE 

[Captioner] 21:36:31
LIVABILITY, WHEN WE THINK ABOUT 

[Captioner] 21:36:33
QUALITY OF LIFE NOT JUST HAVING 

[Captioner] 21:36:35
THE HOUSING THERE BUT THE 

[Captioner] 21:36:37
ROOFTOPS WHICH THEN TRANSLATES 

[Captioner] 21:36:38
INTO THE SHOPPERS THAT WE NEED 

[Captioner] 21:36:39
TO KEEP THE STORES.

[Captioner] 21:36:41
I KNOW ONE OF THE COMMENTS THAT 

[Captioner] 21:36:43
MANY OF US HAVE COMMENTED ON OR 

[Captioner] 21:36:44
DISCUSSED OVER THE YEARS WHEN WE 

[Captioner] 21:36:46
TALKED ABOUT NEIGHBORHOOD 

[Captioner] 21:36:48
VIABILITY, WE JUST HAD A COUNCIL 

[Captioner] 21:36:50
RETREAT AND WE HAD FOCUSED ON 

[Captioner] 21:36:51
THAT IN THE PAST AND IT IS ALSO 

[Captioner] 21:36:53
TRYING TO REIMAGINE HOW CAN WE 

[Captioner] 21:36:55
GET PEOPLE TO SUPPORT THAT.

[Captioner] 21:36:56
AND SOME OF THE PAST MODELS 

[Captioner] 21:36:59
BEING MORE OPEN, HAVING THE MORE 

[Captioner] 21:37:02
CAR-DRIVEN SHOPPING CENTERS AND 

[Captioner] 21:37:05
RETAIL HAS REALLY CHANGED NOW SO 

[Captioner] 21:37:06
HAVING PEOPLE THAT CAN GO 

[Captioner] 21:37:08
DOWNSTAIRS AND JUST GO BE ABLE 

[Captioner] 21:37:10
TO UTILIZE, OVER THE YEARS WE'VE 

[Captioner] 21:37:11
HAD SO MANY PUBLIC SPEAKERS COME 

[Captioner] 21:37:14
IN AND TALK ABOUT THEY WANT TO 

[Captioner] 21:37:15
HAVE RETAIL SIMILAR TO OTHER 

[Captioner] 21:37:17
CITIES WHERE THEY SEE SOME OF 

[Captioner] 21:37:18
THE DENSITIES.

[Captioner] 21:37:20
THEY WANT THE STORES BUT THEY 

[Captioner] 21:37:22
DON'T WANT THE HASSLE.

[Captioner] 21:37:24
IT HAS TO GO HAND IN HAND.

[Captioner] 21:37:26
I THINK AFFORDABLE BY DESIGN IS 

[Captioner] 21:37:26
IMPORTANT.

[Captioner] 21:37:28
HAVING TO BUILD SOME SPACES LIKE 

[Captioner] 21:37:30
THE GREEN SPACES AND THE 

[Captioner] 21:37:31
SETBACKS WHICH I THINK ARE 

[Captioner] 21:37:32
CRITICAL AND TO BE ABLE TO 

[Captioner] 21:37:33
PROVIDE THE PEOPLE THAT WOULD BE 

[Captioner] 21:37:36
ABLE TO WALK DOWNSTAIRS AND THAT 

[Captioner] 21:37:38
IS WHAT WE ARE SEEING A LITTLE 

[Captioner] 21:37:39
BIT NOW.

[Captioner] 21:37:41
WE JUST HAD OUR RESTAURANT WEEK 

[Captioner] 21:37:44
BAND WE HAD OVER 45 RESTAURANTS, 

[Captioner] 21:37:45
OUR SECOND YEAR, THIS IS 

[Captioner] 21:37:46
SOMETHING WE WANT TO REVITAL 

[Captioner] 21:37:48
IDES, I THINK PEOPLE WANT TO 

[Captioner] 21:37:49
HAVE THAT WALKABILITY.

[Captioner] 21:37:54
I KNOW HOW SUNNYVALE

[Captioner] 21:37:54
 AND SANTA 

[Captioner] 21:37:56
CLARA HAVE BEEN BUILDING THIS 

[Captioner] 21:37:56
IN.

[Captioner] 21:37:58
SO FOR THE HUB IT IS SOMETHING 

[Captioner] 21:37:59
THAT IS IMPORTANT.

[Captioner] 21:38:01
I DO ECHO THE COMMENTS ABOUT 

[Captioner] 21:38:02
HAVING SUPPORT FOR LABOR.

[Captioner] 21:38:04
I THINK THAT'S VERY IMPORTANT.

[Captioner] 21:38:06
BUT I ALSO STRONGLY BELIEVE IN 

[Captioner] 21:38:08
LOCAL HIRE WHICH I THINK, YOU 

[Captioner] 21:38:10
KNOW, WE ARE VERY FORTUNATE, WE 

[Captioner] 21:38:13
HAVE OUR MISSION VALLEY ROP, WE 

[Captioner] 21:38:14
HAVE OTHER ENTITIES HERE AND 

[Captioner] 21:38:16
ALSO THE FACT THAT WE ARE ALSO 

[Captioner] 21:38:18
AGE FRIENDLY CITY AS I LOOK AT 

[Captioner] 21:38:20
SOME OF THE OPTIONS AS WE TALK 

[Captioner] 21:38:21
TO OUR COMMUNITY MEMBERS.

[Captioner] 21:38:23
WE JUST DID OUR SURVEYS I 

[Captioner] 21:38:25
MENTIONED EARLIER THIS EVENING 

[Captioner] 21:38:26
AND HOW PEOPLE WANT TO BE ABLE 

[Captioner] 21:38:28
TO WALK TO AND FROM THEIR 

[Captioner] 21:38:31
DIFFERENT AMENITIES AND HAVING 

[Captioner] 21:38:33
THE PHARMACY WHICH I THINK IS 

[Captioner] 21:38:34
VERY IMPORTANT WITH THE 

[Captioner] 21:38:36
HOSPITALS AND OTHER AGENCIES TO 

[Captioner] 21:38:39
BE ABLE TO LIVE AND BE ABLE TO 

[Captioner] 21:38:40
STAY HEALTHY IT IS THAT 

[Captioner] 21:38:40
COMBINATION.

[Captioner] 21:38:43
SO I AM SUPPORTIVE OF THE 

[Captioner] 21:38:44
DECISION TO MOVE FORWARD WITH 

[Captioner] 21:38:45
THE PROJECT.

[Captioner] 21:38:46
AND SO I DON'T KNOW IF THERE'S 

[Captioner] 21:38:49
ANY OTHER COMMENTS AT THIS 

[Captioner] 21:38:49
TIME.

[Captioner] 21:38:52
COUNCILMEMBER SALWAN.

[Captioner] 21:38:53
IS THERE A MOTION?

[Captioner] 21:38:54
>> Councilmember Salwan:   YES, 

[Captioner] 21:38:55
THANK YOU MADAM MAYOR AND YES AT 

[Captioner] 21:38:57
THIS POINT I'M READY TO MAKE A 

[Captioner] 21:38:59
MOTION AND GIVE SOME FEEDBACK.

[Captioner] 21:39:01
FIRST OF ALL, I DEFINITELY WANT 

[Captioner] 21:39:03
TO SAY I WOULD LIKE TO SEE 

[Captioner] 21:39:05
SOMETHING BUILT IF HE FREMONT 

[Captioner] 21:39:05
HUB.

[Captioner] 21:39:07
THAT IS KIND OF THE CENTRAL 

[Captioner] 21:39:07
CORE.

[Captioner] 21:39:11
AND IT HAS, I DON'T WANT TO SAY

[Captioner] 21:39:12
 

[Captioner] 21:39:13
IT IS GOING DOWNHILL BUT THERE 

[Captioner] 21:39:15
ARE SOME IMPROVEMENTS THAT CAN 

[Captioner] 21:39:16
BE DONE THERE TO ACTIVATE THAT 

[Captioner] 21:39:18
AREA OVER THE YEARS.

[Captioner] 21:39:20
BUT THERE HAVE BEEN SOME 

[Captioner] 21:39:21
CONCERNS RAISED ABOUT AIR 

[Captioner] 21:39:23
QUALITY AND NOISE LEVELS AND 

[Captioner] 21:39:25
OTHER ENVIRONMENTAL FACTORS.

[Captioner] 21:39:27
AND I KNOW THERE'S AN ISSUE 

[Captioner] 21:39:28
ABOUT REIMBURSEMENT BUT THAT IS 

[Captioner] 21:39:29
OUT OF THE SCOPE ACCORDING TO 

[Captioner] 21:39:30
THE CITY ATTORNEY.

[Captioner] 21:39:32
SO WE CAN'T LOOK AT THAT.

[Captioner] 21:39:34
BUT THERE HAS BEEN A LOT OF 

[Captioner] 21:39:35
DOCUMENTS THAT, YOU KNOW, JUST 

[Captioner] 21:39:37
HAVE COME IN JUST RECENTLY.

[Captioner] 21:39:39
AND I DO FEEL LIKE WE NEED SOME 

[Captioner] 21:39:41
TIME TO REVIEW THOSE, LOOK AT 

[Captioner] 21:39:44
THOSE, AND MAKE SURE THAT WE 

[Captioner] 21:39:47
ADDRESS SOME OF THE LEGAL 

[Captioner] 21:39:47
ISSUES.

[Captioner] 21:39:50
AND THAT WAY, YOU KNOW, ALL 

[Captioner] 21:39:52
STAKEHOLDERS ARE INVOLVED AND 

[Captioner] 21:39:54
WE'RE LOOKING AT THE HEALTH AND 

[Captioner] 21:39:55
SAFETY OF OUR COMMUNITY.

[Captioner] 21:39:57
I'M ALSO CONCERNED THAT IF WE 

[Captioner] 21:39:59
MOVE THIS INFORMED, AND THEN IT 

[Captioner] 21:40:02
IS THROUGH -- GOES THROUGH 

[Captioner] 21:40:04
LITIGATION THAT THAT MAY FURTHER 

[Captioner] 21:40:05
DELAY THE PROJECT.

[Captioner] 21:40:07
SO I WOULD LIKE TO SEE IF WE CAN 

[Captioner] 21:40:07
ADDRESS SOME OF THE ISSUES THAT 

[Captioner] 21:40:09
ARE BEFORE US.

[Captioner] 21:40:12
AND SO MY MOTION WOULD BE TO 

[Captioner] 21:40:14
POSTPONE THIS HEARING TO ALLOW 

[Captioner] 21:40:17
FOR MORE EVALUATION OF THE LEGAL 

[Captioner] 21:40:18
ARGUMENTS, AS WELL AS LOOKING AT 

[Captioner] 21:40:22
THE SOUND AND NOISE ISSUES.

[Captioner] 21:40:25
AND MAKE SURE THAT WE ADDRESS 

[Captioner] 21:40:27
THE MITIGATION STRATEGIES.

[Captioner] 21:40:29
AND HOPEFULLY, THIS PROCESS CAN 

[Captioner] 21:40:31
ALSO BE A TIME FOR INFORMAL 

[Captioner] 21:40:33
DISCUSSION AS WELL BETWEEN THE 

[Captioner] 21:40:34
ATTORNEYS TO LOOK AT THE 

[Captioner] 21:40:36
REIMBURSEMENT AND OTHER ISSUES 

[Captioner] 21:40:37
WHICH ARE NOT PART OF THIS 

[Captioner] 21:40:38
MOTION.

[Captioner] 21:40:40
SO AGAIN MY MOTION WOULD BE TO 

[Captioner] 21:40:42
POSTPONE THIS, CONTINUE THIS FOR 

[Captioner] 21:40:43
60 DAYS.

[Captioner] 21:40:47
IS THERE A SECOND?

[Captioner] 21:40:48
>> Councilmember Cox:   SECOND.

[Captioner] 21:40:53
>> Mayor Mei:   OKAY.

[Captioner] 21:40:54
>> Vice Mayor Shao:   MAYOR.

[Captioner] 21:40:57
>> Mayor Mei:   VICE MAYOR 

[Captioner] 21:40:57
SHAO.

[Captioner] 21:40:58
>> Vice Mayor Shao:   MAYOR I 

[Captioner] 21:40:59
WOULD LIKE TO MAKE A SUBSTITUTE 

[Captioner] 21:41:04
MOTION TO APPROVE STAFF'S 

[Captioner] 21:41:06
RECOMMENDATION AND REJECT THE 

[Captioner] 21:41:06
APPEAL.

[Captioner] 21:41:11
>> Councilmember Kassan:   

[Captioner] 21:41:12
SECOND.

[Captioner] 21:41:14
>> Mayor Mei:   SECOND BY COMN.

[Captioner] 21:41:18
WE HAVE A MOTION AND SECOND ON 

[Captioner] 21:41:19
THE ATTITUDE MOTION.

[Captioner] 21:41:21
I'M GOING TO CALL THE SLOAT ON 

[Captioner] 21:41:22
THE SUBSTITUTE MOTION.

[Captioner] 21:41:22
PLEASE VOTE.

[Captioner] 21:41:31
THE MOTION H MOTION PASSES

[Captioner] 21:41:33
 WITH 

[Captioner] 21:41:35
COUNCILMEMBER SALWAN AND 

[Captioner] 21:41:38
COUNCILMEMBER COX VOTING NAY.

[Captioner] 21:41:38
THANK YOU.

[Captioner] 21:41:42
NEXT OWN OUR AGENDA ITEM THIS 

[Captioner] 21:41:44
EVENING IS ITEM 5B, WHICH IS THE 

[Captioner] 21:41:48
GATEWAY PLAZA APARTMENTS 

[Captioner] 21:41:49
APPEAL.

[Captioner] 21:41:53
AND THIS IS AT 39160 PASEO PADRE 

[Captioner] 21:41:53
PARKWAY.

[Captioner] 21:41:58
AND WE HAVE A PRESENTATION AGAIN

[Captioner] 21:41:58
 

[Captioner] 21:42:02
FROM THE STAFF.

[Captioner] 21:42:05
>> YES, THANK YOU MAYOR MEI.

[Captioner] 21:42:07
GOOD EVENING, TO YOU MAYOR AND 

[Captioner] 21:42:08
MEMBERS OF THE CITY COUNCIL, 

[Captioner] 21:42:11
THIS ITEM PERTAINS TO A THIRD 

[Captioner] 21:42:12
PARTY APPEAL OF THE PLANNING 

[Captioner] 21:42:14
COMMISSION'S APPROVED OF THE 

[Captioner] 21:42:17
GATEWAY PLAZA APARTMENTS 

[Captioner] 21:42:17
PROJECT.

[Captioner] 21:42:21
THE PROJECT SITE IS A 3.3 ACRE 

[Captioner] 21:42:24
SEGMENT OF THE 16 ACRE GATEWAY 

[Captioner] 21:42:27
PLAZA SHOPPING CENTER ALONG ITS 

[Captioner] 21:42:29
WALNUT AFTERNOON FRONTAGE, THE 

[Captioner] 21:42:31
SITE HAS A GENERAL PLAN DECISION 

[Captioner] 21:42:34
OF COMMERCIAL CENTER CENTER, A 

[Captioner] 21:42:37
ZONING DESIGNATION OF URBAN 

[Captioner] 21:42:38
NEIGHBORHOOD AND LOCATED WITHIN 

[Captioner] 21:42:41
THE COMMUNITY PLAN AREA IN CLOSE 

[Captioner] 21:42:43
PROXIMITY TO THE FREMONT BART 

[Captioner] 21:42:43
STATION.

[Captioner] 21:42:45
THE PROMPT WOULD RESULT IN 

[Captioner] 21:42:47
REMOVAL OF THE BUILDING THAT 

[Captioner] 21:42:49
HOUSED THE FORMER 24 HOUR 

[Captioner] 21:42:51
FITNESS FACILITY AND A TWHO 37 

[Captioner] 21:42:52
SPACE PARKING FIELD THAT 

[Captioner] 21:42:54
SUPPORTED THAT USE.

[Captioner] 21:42:55
AND INVOLVED THE CONSTRUCTION OF 

[Captioner] 21:42:58
A NEW 75 STORY, TWOA 06 UNIT 

[Captioner] 21:43:00
APARTMENT BUILDING THAT INCLUDES 

[Captioner] 21:43:02
AN INTEGRATED PARKING GARAGE 

[Captioner] 21:43:04
CONTAINING 263 PARKING PACE 

[Captioner] 21:43:07
SPACES AND AN ADJACENT SURFACE 

[Captioner] 21:43:10
PARKING LOT THAT WOULD INCLUDE 

[Captioner] 21:43:11
140 PARKING SPACES.

[Captioner] 21:43:14
THE DENSITY OF 64 UNITS PER AREA 

[Captioner] 21:43:17
CODE AND A FLOOR AREA RATIO OF 

[Captioner] 21:43:18
2.37.

[Captioner] 21:43:20
THESE NEXT TWO SLIDES WILL SHOW 

[Captioner] 21:43:22
RENDERINGS OF THE PROJECT.

[Captioner] 21:43:24
THIS VIEW OF THE PROJECT IS FROM 

[Captioner] 21:43:26
ROUGHLY THE INTERSECTION OF 

[Captioner] 21:43:27
WALNUT AVENUE AND PASEO PADRE 

[Captioner] 21:43:28
PARKWAY.

[Captioner] 21:43:30
THE WEST SIDE OF THE BUILDING AS 

[Captioner] 21:43:31
SEEN HERE IS THE LOCATION OF THE 

[Captioner] 21:43:33
MAIN LOBBY WHICH WOULD OPEN ON 

[Captioner] 21:43:35
TO A PLAZA SPACE AND THE NEW 

[Captioner] 21:43:36
PARKING FIELD.

[Captioner] 21:43:38
FROM THIS VIEW YOU CAN SEE THE 

[Captioner] 21:43:40
BUILDING'S THAT ISING BREAKS, 

[Captioner] 21:43:42
THE COMMON OUTDOOR OPEN SPACES 

[Captioner] 21:43:43
WITHIN THE PROJECT AND THE FIVE 

[Captioner] 21:43:45
LEVEL PARKING GARAGE THAT IS 

[Captioner] 21:43:46
WRAPPED BY THE BUILDING.

[Captioner] 21:43:52
 THIS IS A VIEW OF THE PROJECT'S 

[Captioner] 21:43:54
WALNUT AVENUE FRONTAGE, THE 

[Captioner] 21:43:56
GROUND FLOOR SPACES DESIGNED AS 

[Captioner] 21:43:59
ACTIVE RESIDENT AMENITY AREA, 

[Captioner] 21:44:01
FEATURE DOUBLE HEIGHTS AND HAVE 

[Captioner] 21:44:04
A MAXIMIZING STREET 

[Captioner] 21:44:04
ORIENTATION.

[Captioner] 21:44:06
THE WALNUT SIDEWALK WOULD BE 

[Captioner] 21:44:08
WIDENED AND FEATURE ALL NEW 

[Captioner] 21:44:09
STREET TREE PLANTINGS.

[Captioner] 21:44:12
SIMILAR TO THE FREMONT HUB 

[Captioner] 21:44:14
PROJECT WE JUST HEARD ABOUT THE 

[Captioner] 21:44:16
GATE WAYS PLAZA APARTMENTS 

[Captioner] 21:44:19
PROJECT IS IN GENERAL CONFORMS 

[Captioner] 21:44:21
 

[Captioner] 21:44:24
CONFORMANCE WITH THE CITY 

[Captioner] 21:44:26
GENERAL PLAN, SIMILARLY 

[Captioner] 21:44:27
PROTECTED WITH THE HOUSING 

[Captioner] 21:44:29
ACCOUNTABILITY ACT WHICH SAYS 

[Captioner] 21:44:33
THAT HOUSING, GENERAL PLAN 

[Captioner] 21:44:36
DESIGNING AND DESIGNER REVIEW 

[Captioner] 21:44:38
PROJECTS CAN NOTE BE CONDITIONED 

[Captioner] 21:44:40
IN SUCH A WAY AS TO REQUIRE 

[Captioner] 21:44:42
LOWER DENSITY AND A 

[Captioner] 21:44:44
PREPONDERANCE OF THE EVIDENCE ON 

[Captioner] 21:44:46
THE RECORD, SHOWING THAT THE 

[Captioner] 21:44:48
HOUSING DEVELOPMENT WOULD HAVE A 

[Captioner] 21:44:50
SPECIFIC ADVERSE IMPACT UPON 

[Captioner] 21:44:51
PUBLIC HEALTH OR SAFETY.

[Captioner] 21:44:52
FURTHERMORE THE PROJECT HAS 

[Captioner] 21:44:54
PROTECTION UNDER THE HOUSING 

[Captioner] 21:44:55
CRISIS ACT WHICH PROHIBITS THE 

[Captioner] 21:44:57
PRODUCTION OF AN ALLOWED DENSITY 

[Captioner] 21:44:59
ORE INTENSITY OF A HOISTING 

[Captioner] 21:45:01
PROJECT.

[Captioner] 21:45:02
-- HOUSING PROJECT.

[Captioner] 21:45:04
THE PROJECT WAS FOUND TO BE 

[Captioner] 21:45:08
ELIGIBLE FOR A CEQA

[Captioner] 21:45:09
 GUIDELINES, 

[Captioner] 21:45:11
AS IT MEETS SPECIFIC CRITERIA 

[Captioner] 21:45:13
FOR AN INFILL DEVELOPMENT 

[Captioner] 21:45:13
PROJECT.

[Captioner] 21:45:16
IT WAS FOUND TO REQUIRE NO 

[Captioner] 21:45:18
FURTHER CEQA REVIEW, PURSUANT TO 

[Captioner] 21:45:21
15183 BECAUSE THE PROJECT IS 

[Captioner] 21:45:22
FULLY CONSISTENT WITH THE 

[Captioner] 21:45:23
DEVELOPMENT INTENSITY AND LAND 

[Captioner] 21:45:25
USE CHARACTERISTICS ESTABLISHED 

[Captioner] 21:45:26
IN THE GENERAL PLAN AND ANALYZED 

[Captioner] 21:45:28
IN THE GENERAL PLAN'S QULIER.

[Captioner] 21:45:31
THE PROJECT IS FURTHER EXOAMENT 

[Captioner] 21:45:34
FROM ADDITIONAL CEQA REVIEW 

[Captioner] 21:45:37
PURSUANT TO SECTIONS 15162 AND 

[Captioner] 21:45:39
164 BECAUSE NONE OF THE 

[Captioner] 21:45:39
CIRCUMSTANCES CALLING FOR 

[Captioner] 21:45:41
PREPARATION OF ADDITIONAL CEQA 

[Captioner] 21:45:43
ANALYSIS HAVE OCCURRED.

[Captioner] 21:45:45
AND TECHNICAL STUDIES THAT FOR 

[Captioner] 21:45:49
THE CITY'S CEQA DETERMINATIONS

[Captioner] 21:45:50
 

[Captioner] 21:45:52
HAVE BEEN REVIEWED BY OUR CEQA 

[Captioner] 21:45:54
CONSULTANT WHO HAS CONFIRMED 

[Captioner] 21:45:55
THEIR APPROPRIATENESS.

[Captioner] 21:46:01
THE PROJECT HAS TWICE BEEN TO 

[Captioner] 21:46:02
PUBLIC HEARING AND BOTH TIMES 

[Captioner] 21:46:03
BEEN APPROVED.

[Captioner] 21:46:05
THE FIRST APPROVAL WAS AT THE 

[Captioner] 21:46:07
DECEMBER 2023 ZONING 

[Captioner] 21:46:09
ADMINISTRATOR HEARING.

[Captioner] 21:46:12
THIS ACTION WAS FOLLOWED BY AN 

[Captioner] 21:46:14
APPEAL FILING FROM ADAMS BROAD 

[Captioner] 21:46:15
WELL.

[Captioner] 21:46:18
THE PLANNING COMMISSION HEARD 

[Captioner] 21:46:21
THE APPEAL AT THEIR DECEMBER 

[Captioner] 21:46:25
22nd, 2024 HEARING

[Captioner] 21:46:27
, A SECOND 

[Captioner] 21:46:31
ADAMS BROADWELL APPEAL WAS

[Captioner] 21:46:32
 FILED 

[Captioner] 21:46:34
WHICH BRINGS US HERE.

[Captioner] 21:46:37
THE APPEAL ASSERTS THAT THE CEQA 

[Captioner] 21:46:38
DETERMINATIONS ARE NOT SEERTED 

[Captioner] 21:46:41
BY EVIDENCE IN THE RECORD AND 

[Captioner] 21:46:43
DISCRETIONARY DESIGN REVIEW 

[Captioner] 21:46:45
PERMIT CANNOT BE MADE.

[Captioner] 21:46:46
STAFF AGAIN STANDS BY THE 

[Captioner] 21:46:47
ANALYSIS THAT WAS PREPARED AND 

[Captioner] 21:46:49
IN THE RECORD FOR THE CEQA 

[Captioner] 21:46:50
DETERMINATIONS AND PERMIT 

[Captioner] 21:46:51
FINDINGS.

[Captioner] 21:46:53
I'LL NOW TURN IT OVER ONCE AGAIN 

[Captioner] 21:46:55
TO DONOVAN TO SHARE HIS VIEWS ON 

[Captioner] 21:46:57
THE PROJECT.

[Captioner] 21:46:58
>> THANK YOU MARK.

[Captioner] 21:47:01
IN A SIMILAR FASHION TO THE 

[Captioner] 21:47:03
PROPOSED HUB PROJECT OR I SHOULD 

[Captioner] 21:47:05
SAY THE APPROVED HUB PROJECT THE 

[Captioner] 21:47:07
PROPOSED PROJECT AT GATEWAY 

[Captioner] 21:47:09
PLAZA WOULD TAKE WHAT TODAY IS A 

[Captioner] 21:47:10
SURFACE PARTNERING PARKING AND 

[Captioner] 21:47:13
PREDOMINANTLY UNDERUSED LARGE 

[Captioner] 21:47:15
FORMAT RETAIL SPACE AND 

[Captioner] 21:47:17
TRANSFORM IT INTO A MODERN 

[Captioner] 21:47:18
RESIDENTIAL COMMUNITY.

[Captioner] 21:47:20
AT AN ESTIMATE OWED COST OF $150 

[Captioner] 21:47:22
MILLION IN TOTAL INVESTMENT, THE 

[Captioner] 21:47:24
PROJECT WILL BE THE SECOND 

[Captioner] 21:47:26
LARGEST INVESTMENT IN FREMONT 

[Captioner] 21:47:28
CITY CENTER AFTER THE HUB 

[Captioner] 21:47:29
PROJECT.

[Captioner] 21:47:30
SIMILAR TO THE HUB PROPOSAL THE 

[Captioner] 21:47:33
PROJECT WOULD PROVIDE WORKFORCE 

[Captioner] 21:47:38
NEEDED HOUSING TO

[Captioner] 21:47:39
 SUPPORT THE 

[Captioner] 21:47:41
SURROUND RG HEALTH CARE 

[Captioner] 21:47:43
PROCESSES, TO SUBMIT THE 

[Captioner] 21:47:45
COMMUNITY INFRASTRUCTURE.

[Captioner] 21:47:48
IN ADDITION TO $1 MILLION IN 

[Captioner] 21:47:50
PROPERTY REVENUE, FOR FREMONT 

[Captioner] 21:47:51
UNIFIED THE COUNTY OF ALAMEDA 

[Captioner] 21:47:52
AND THE CITY.

[Captioner] 21:47:55
THE PROPOSED GATEWAY PROJECT 

[Captioner] 21:47:59
DOES THOUGHT ADD RETAIL IT WOULD 

[Captioner] 21:48:02
GREATLY SUPPORT THE EXISTING 

[Captioner] 21:48:06
RETAIL AT THE GATEWAY PLAZA, AND 

[Captioner] 21:48:07
CAPITOL AVENUE BY ADDING 

[Captioner] 21:48:09
ROOFTOPS WITH CAREER AGED 

[Captioner] 21:48:11
RESIDENTS WITH PURCHASING 

[Captioner] 21:48:11
POWER.

[Captioner] 21:48:13
LIKE THE HUB PROPOSAL THE 

[Captioner] 21:48:15
PROPOSAL WOULD BE ALL ELECTRIC 

[Captioner] 21:48:17
AND SUPPORT THE CITY'S VISION 

[Captioner] 21:48:21
FOR A WALKABLE AND URBAN CORE.

[Captioner] 21:48:23
I'LL TURN IT BACK OVER TO MARK.

[Captioner] 21:48:25
THANK YOU.

[Captioner] 21:48:25
>> THANKS DONOVAN.

[Captioner] 21:48:28
IN SUMMARY STAFF RECOMMENDS THAT 

[Captioner] 21:48:29
THE CITY COUNCIL DENIES THE 

[Captioner] 21:48:32
APPEAL AND UPHOLD THE 

[Captioner] 21:48:35
DISCRETIONARY DESIGN PERMIT AND 

[Captioner] 21:48:37
FURTHER, NO FURTHER 

[Captioner] 21:48:37
ENVIRONMENTAL REVIEW IS REQUIRED 

[Captioner] 21:48:38
FOR THE PROJECT.

[Captioner] 21:48:40
THAT INCLUDES STAFF'S 

[Captioner] 21:48:40
PRESENTATION AND WE ARE 

[Captioner] 21:48:42
AVAILABLE FOR ANY QUESTIONS.

[Captioner] 21:48:43
>> Mayor Mei:   THANK YOU.

[Captioner] 21:48:44
WE'LL BEGIN WITH COUNCILMEMBER 

[Captioner] 21:48:48
KASSAN FOR CLARIFYING 

[Captioner] 21:48:48
QUESTIONS.

[Captioner] 21:48:48
>> Councilmember Kassan:   THANK 

[Captioner] 21:48:48
YOU.

[Captioner] 21:48:50
I HAVE A QUESTION ACTUALLY ABOUT 

[Captioner] 21:48:51
BOTH PROJECTS REGARDING THE 

[Captioner] 21:48:55
TREES THAT WILL BE PLANT OWED 

[Captioner] 21:48:56
WITH THE DEVELOPMENT.

[Captioner] 21:48:58
WILL ANY OF THOSE BE BE PALM 

[Captioner] 21:48:59
TREES?

[Captioner] 21:49:01
NO.

[Captioner] 21:49:03
>> THEY DON'T KNOW YET.

[Captioner] 21:49:06
>> THEY DON'T ALLOW PALM TREES.

[Captioner] 21:49:08
>> HIRE AN ARBORIST.

[Captioner] 21:49:10
>> ALLOW ME TO CHECK THE 

[Captioner] 21:49:11
PLANTING PLAN, ONE MOMENT.

[Captioner] 21:49:28
I DO NOT SEE PALM TREES ON THE 

[Captioner] 21:49:31
LISTED TREE SPECIOUS.

[Captioner] 21:49:36
 SPECIES.

[Captioner] 21:49:36
>> Councilmember Kassan:   

[Captioner] 21:49:36
GREAT.

[Captioner] 21:49:37
IN TERMS OF THE PARKING I THINK 

[Captioner] 21:49:39
A LOT OF PEOPLE THAT ARE GOING 

[Captioner] 21:49:41
TO KAISER PARK IN THAT AREA.

[Captioner] 21:49:44
SO WHAT IS THE ANALYSIS ON HOW 

[Captioner] 21:49:46
THIS MAY AFFECT PARKING?

[Captioner] 21:49:48
I FEEL LIKE THAT PARKING LOT IS 

[Captioner] 21:49:50
NOT AS UNDERUTILIZED AS THE ONE 

[Captioner] 21:49:50
AT THE HUB.

[Captioner] 21:49:56
>> SO WE LOOKED AT TWO THINGS 

[Captioner] 21:49:58
WHEN IT CAME TO PROJECT 

[Captioner] 21:49:58
PARKING.

[Captioner] 21:50:00
ONE TO ENSURE THAT THE PROJECT 

[Captioner] 21:50:02
ITSELF IS PARKED TO CODE AND 

[Captioner] 21:50:03
THEN AS WELL AS TO MAKE SURE 

[Captioner] 21:50:05
THAT THE LOSS OF SURFACE PARKING 

[Captioner] 21:50:08
SPACE IS WITHIN THE GREATER 

[Captioner] 21:50:10
SHOPPING CENTER DOES NOT RENDER 

[Captioner] 21:50:12
THE SHOPPING CENTER 

[Captioner] 21:50:14
NONCONFORMING DUE TO THE LOSS OF 

[Captioner] 21:50:15
THOSE SPACES.

[Captioner] 21:50:16
IN BOTH CASES THE NEW 

[Captioner] 21:50:17
RESIDENTIAL PROJECT AND THE 

[Captioner] 21:50:18
EXISTING PARKING CENTER WOULD 

[Captioner] 21:50:19
STILL BE PARKED TO CODE.

[Captioner] 21:50:28
>> Mayor Mei:   THANK YOU.

[Captioner] 21:50:31
ARE THERE ANY OTHER CLARIFYING 

[Captioner] 21:50:31
QUESTIONS?

[Captioner] 21:50:33
OKAY.

[Captioner] 21:50:33
THANK YOU SO MUCH.

[Captioner] 21:50:36
SEEING NONE, I'D LIKE TO TURN IT 

[Captioner] 21:50:39
OVER TO THE APPELLANT FOR THEIR 

[Captioner] 21:50:41
PRESENTATION.

[Captioner] 21:50:42
WELCOME BACK.

[Captioner] 21:50:49
>> GOOD EVENING, MAYOR MEI, 

[Captioner] 21:50:50
HONORABLE CITY COUNCIL MEMBERS, 

[Captioner] 21:50:54
MY NAME IS KALILA FEDDE

[Captioner] 21:50:55
RMAN ON 

[Captioner] 21:50:58
BEHALF OF EAST BAY RESIDENTS FOR 

[Captioner] 21:51:00
RESPONSIBLE DEVELOPMENT.

[Captioner] 21:51:02
LIVE AND WORK IN THE PROJECT 

[Captioner] 21:51:03
VICINITY AND MAY BE 

[Captioner] 21:51:04
DIRECTORIALLY FEECTED BY THE 

[Captioner] 21:51:06
PROJECT'S AIR QUALITY HEALTH 

[Captioner] 21:51:09
RISK TRAFFIC AND NOISE IMPACTS.

[Captioner] 21:51:11
EAST BAY RESIDENTS IS COMPRISED 

[Captioner] 21:51:14
OF UA, INTERNATIONAL BROTHER 

[Captioner] 21:51:16
HOOD OF ELECTRICAL WORKERS LOCAL 

[Captioner] 21:51:21
595, SHEET METAL LOCALS, 

[Captioner] 21:51:22
LOCALITY 483 MEMBERS AND 

[Captioner] 21:51:24
FAMILIES WHO LIVE AND WORK IN 

[Captioner] 21:51:25
THE CITY OF FREMONT AND ALAMEDA 

[Captioner] 21:51:26
COUNTY.

[Captioner] 21:51:29
THE EAST BAY RESIDENTS COALITION 

[Captioner] 21:51:31
WAS CONFORMED FOR RESPONSIBLE 

[Captioner] 21:51:34
AND DEVELOPMENT IN THE EAST 

[Captioner] 21:51:34
BAY.

[Captioner] 21:51:37
SUPPORTS 60 DAY CONTINUATION FOR 

[Captioner] 21:51:39
THIS ITEM TO ADDRESS THE 

[Captioner] 21:51:41
ENVIRONMENTAL ISSUES RAISE OWED 

[Captioner] 21:51:42
IN EAST BAY RESIDENTS APPEAL AND 

[Captioner] 21:51:44
TO ADDRESS THE REIMBURSEMENT 

[Captioner] 21:51:47
AGREEMENT ISSUE IN WHICH THE 

[Captioner] 21:51:50
EXORBITANT FEES TO BRING THESE 

[Captioner] 21:51:51
ISSUES IN FRONT OF THE CITY 

[Captioner] 21:51:51
COUNCIL.

[Captioner] 21:51:53
EAST BAY RESIDENTS FILED THIS 

[Captioner] 21:51:56
APPEAL TO ENSURE THAT THE CITY 

[Captioner] 21:51:58
FULLY COMPLIES WITH ITS 

[Captioner] 21:51:59
REQUIREMENTS WITH THE CALIFORNIA 

[Captioner] 21:52:01
ENVIRONMENTAL QUALITY ACT BEFORE 

[Captioner] 21:52:02
APPROVING THE PROJECT.

[Captioner] 21:52:04
EAST BAY WAS BUILD NEARLY 

[Captioner] 21:52:06
$10,000 TO PAY TWO DEPOSITS AND 

[Captioner] 21:52:07
FOR CITY STAFF TIME.

[Captioner] 21:52:09
THIS WAS AFTER THE PROJECT 

[Captioner] 21:52:10
APPLICANT KIMCO ALREADY AGREED 

[Captioner] 21:52:13
TO PAY FOR STAFF TIME ASSOCIATED 

[Captioner] 21:52:15
WITH PROCESSING THEIR PROJECT 

[Captioner] 21:52:16
APPLICATION.

[Captioner] 21:52:17
TO SIGN REIMBURSEMENT AGREEMENTS 

[Captioner] 21:52:20
IN ORDER TO EXHAUST 

[Captioner] 21:52:22
ADMINISTRATIVE REMEDIES IS 

[Captioner] 21:52:26
AGAINST PUBLIC POLICY AND AVERSE 

[Captioner] 21:52:28
TO THE PEENLT'S PROCESS.

[Captioner] 21:52:31
RESPONDING TO EAST BAY RESIDENTS 

[Captioner] 21:52:33
PUBLIC RECORDS ACT REQUESTS.

[Captioner] 21:52:35
THIS DIRECTLY CONTRAVENES THE 

[Captioner] 21:52:37
PUBLIC RECORDS ACT WHICH ONLY 

[Captioner] 21:52:40
PERMITS AGENCIES CHARGING THE 

[Captioner] 21:52:42
REQUESTOR FOR THE COST OF 

[Captioner] 21:52:43
DUPLICATING THE RECORDS LIKE 

[Captioner] 21:52:45
COPY FEES.

[Captioner] 21:52:47
REQUIRING REQUESTORS TO PAY FOR 

[Captioner] 21:52:48
COORDINATION AND PREPARATION OF 

[Captioner] 21:52:50
RECORDS REQUESTED UNDER THE 

[Captioner] 21:52:52
PUBLIC RECORDS ACT IS 

[Captioner] 21:52:52
PROHIBITED.

[Captioner] 21:52:56
ACCORDINGLY, CHARGING APPLICANTS 

[Captioner] 21:52:59
THE FEES INCURRED ASSOCIATED 

[Captioner] 21:53:00
WITH PREPARATION OF THE APPEAL 

[Captioner] 21:53:01
AND AS A POINT OF CLARIFICATION 

[Captioner] 21:53:02
ON APRIL 12th THE CITY 

[Captioner] 21:53:07
PROVIDED US RECORDS, THEY SENT

[Captioner] 21:53:08
 

[Captioner] 21:53:10
US DIGITAL RECORDS THAT COULD BE 

[Captioner] 21:53:11
FOUND AND STATED THAT STAFF WILL 

[Captioner] 21:53:14
CONTINUE TO LOOK FOR HARD COPIES 

[Captioner] 21:53:16
THAT DID NOT HAVE DIGITAL 

[Captioner] 21:53:17
RECORDS SO I DON'T BELIEVE THAT 

[Captioner] 21:53:20
IT IS CORRECT THAT THAT PUBLIC 

[Captioner] 21:53:22
RECORDS ACT REQUEST WAS CLOSED.

[Captioner] 21:53:23
ADDITIONALLY GRANTING THIS 

[Captioner] 21:53:24
APPEAL AND CONTINUING THE 

[Captioner] 21:53:25
HEARING WOULD NOT VIOLATE THE 

[Captioner] 21:53:29
HOUSING ACCOUNTABILITY ACT, SB 

[Captioner] 21:53:30
330 BECAUSE THE ACT REQUIRES 

[Captioner] 21:53:33
AGENCIES TO CONDUCTION ALL THE 

[Captioner] 21:53:34
NECESSARY ENVIRONMENTAL REVIEW 

[Captioner] 21:53:36
PURSUANT TO CEQA BEFORE HOUSING 

[Captioner] 21:53:37
PROJECTS CAN BE APPROVED.

[Captioner] 21:53:39
ADDITIONALLY THERE HAVE ONLY 

[Captioner] 21:53:40
BEEN THREE HEARINGS ON THE 

[Captioner] 21:53:41
PROJECT SO A CONTINUANCE WOULD 

[Captioner] 21:53:43
NOT EXCEED THE FIVE HEARING 

[Captioner] 21:53:44
LIMIT FOR THE PROJECT.

[Captioner] 21:53:45
THE STAFF REPORT PREPARED FOR 

[Captioner] 21:53:48
TONIGHT'S HEARING FAILS TO 

[Captioner] 21:53:50
ADEQUATELY RESPOND OR RESOLVE 

[Captioner] 21:53:51
EAST BAY RESIDENTS COMMENTS THAT 

[Captioner] 21:53:52
THE PROJECT HAS SIGNIFICANT AIR 

[Captioner] 21:53:54
QUALITY, HEALTH RISK AND NOISE 

[Captioner] 21:53:56
IMPACTS WHICH ARE PARTICULAR TO 

[Captioner] 21:53:59
THE PROJECT, MORE THAN 

[Captioner] 21:54:02
PREVIOUSLY ANALYZED IN THE EIRS 

[Captioner] 21:54:04
WHICH REPRESENT UNUSUAL 

[Captioner] 21:54:06
CIRCUMSTANCES AND ARE NOT FULLY 

[Captioner] 21:54:08
MITIGATED FOR STANDARD 

[Captioner] 21:54:10
DEVELOPMENT REQUIREMENTS.

[Captioner] 21:54:12
EAST BAY RESIDENTS RESPECTFULLY 

[Captioner] 21:54:14
REQUEST THAT THE CITY COUNCIL 

[Captioner] 21:54:15
UPHOLD THIS APPELLATE AND 

[Captioner] 21:54:17
ASSOCIATED APPEAL INVOICES 

[Captioner] 21:54:19
RELATED TO THE APPEAL OF THE 

[Captioner] 21:54:20
GATE WAYS PROJECT.

[Captioner] 21:54:22
WE ALSO ASK THE COUNCIL TO 

[Captioner] 21:54:23
REMAND THE PROJECT TO STAFF TO 

[Captioner] 21:54:25
PREPARE A PROJECT LEVEL 

[Captioner] 21:54:26
ENVIRONMENTAL IMPACT REPORT TO 

[Captioner] 21:54:28
FULLY DISCLOSE AND MITIGATE THE 

[Captioner] 21:54:30
PROJECT'S AIR QUALITY AND NOISE 

[Captioner] 21:54:30
IMPACTS.

[Captioner] 21:54:32
IF ADDITIONAL TIME IS NEEDED TO 

[Captioner] 21:54:34
CONSIDER THE PEEL WE REQUEST A 

[Captioner] 21:54:35
CONTINUATION OF THE CITY COUNCIL 

[Captioner] 21:54:37
HEARING BY AT LEAST 60 DAYS IN 

[Captioner] 21:54:39
ORDER TO FULLY INVESTIGATE THE 

[Captioner] 21:54:40
ENVIRONMENTAL IMPACTS RAISE 

[Captioner] 21:54:41
THOAD OUR APPEAL AND MITIGATE 

[Captioner] 21:54:44
THE POTENTIALLY SIGNIFICANT 

[Captioner] 21:54:46
ENVIRONMENTAL IMPACTS.

[Captioner] 21:54:49
IN APPROVING THE PROJECT, THE 

[Captioner] 21:54:51
DISEENG ADMINISTRATOR AND 

[Captioner] 21:54:53
PLANNING COMMISSION RELIED ON A 

[Captioner] 21:54:55
CEQA STREAMLINING EXEMPTION AND 

[Captioner] 21:54:57
RELIED ON THE ENVIRONMENTAL 

[Captioner] 21:54:59
IMPACT REPORT FROM THE 2010 EIR 

[Captioner] 21:55:03
WHICH INCLUDED OUTDECADED 

[Captioner] 21:55:04
IMPLEMENTSAL ANALYSIS.

[Captioner] 21:55:08
MORE SIGNIFICANT IMPACTS, 

[Captioner] 21:55:12
ANALYSISSED IN THE 2010 UPDATED 

[Captioner] 21:55:13
AREA.

[Captioner] 21:55:17
THEE WERS PECULIAR TO THE EIR 

[Captioner] 21:55:19
BECAUSE THE PROJECT HAD NOT BEEN 

[Captioner] 21:55:23
PROPOSED WHICH THE 2000 EIR WAS 

[Captioner] 21:55:25
IDENTIFIED, NOISE AND 

[Captioner] 21:55:26
CONSTRUCTION IMPACTS WHICH 

[Captioner] 21:55:27
REQUIRE DISCLOSURE AND 

[Captioner] 21:55:28
MITIGATION IN A PROJECT LEVEL 

[Captioner] 21:55:29
EIR.

[Captioner] 21:55:33
IN ORDER TO RELY ON A CEQA 

[Captioner] 21:55:34
CATEGORICAL EXEMPTION THE CITY 

[Captioner] 21:55:35
MUST DETERMINE BASED ON 

[Captioner] 21:55:36
SUBSTANTIAL EVIDENCE AND THEIR 

[Captioner] 21:55:37
OWN REPORTS THAT APPROVAL OF THE 

[Captioner] 21:55:40
PROJECT WOULD NOT RESULT IN ANY 

[Captioner] 21:55:41
SIGNIFICANT EFFECTS ON THE 

[Captioner] 21:55:41
ENVIRONMENT.

[Captioner] 21:55:44
IN ORDER TO QUALIFY FOR AN 

[Captioner] 21:55:45
INFILL EXEMPTION THE PROJECTS 

[Captioner] 21:55:46
MUTT BE CONSISTENT WITH THE 

[Captioner] 21:55:48
GENERAL PLAN AND HAVE NO 

[Captioner] 21:55:50
SIGNIFICANT EFFECTS RELATING TO 

[Captioner] 21:55:52
AIR QUALITY OR WATER QUALITY.

[Captioner] 21:55:54
HERE THE PROJECT RESULTS IN 

[Captioner] 21:55:56
UNMITIGATED EFFECTS FROM AIR 

[Captioner] 21:55:57
QUALITY IMPACTS AND CONSTRUCTION 

[Captioner] 21:56:00
NOISE WHICH PRECLUDE RELIANCE ON 

[Captioner] 21:56:01
THESE EXEMPTIONS.

[Captioner] 21:56:03
THE KAISER FREMONT HOSPITAL IS 

[Captioner] 21:56:05
APPROXIMATELY 415 FEET FROM THE 

[Captioner] 21:56:08
PROJECT SITE AND WELL WITHIN 500 

[Captioner] 21:56:10
FEET OF POLLUTING CONSTRUCTION 

[Captioner] 21:56:11
EQUIPMENT.

[Captioner] 21:56:15
THE KAISER IVF CLINIC

[Captioner] 21:56:16
, RESIDENTS 

[Captioner] 21:56:19
ARE CONSIDERED SENSITIVE 

[Captioner] 21:56:20
RECEPTORS UNDER THE LAW.

[Captioner] 21:56:22
THE SEVERITY OF THE PROJECT'S 

[Captioner] 21:56:25
IMPACTS RENDER THE PROJECT 

[Captioner] 21:56:27
INAPPLICABLE UNDER THE 

[Captioner] 21:56:27
CALIFORNIA ENVIRONMENTAL QUALITY 

[Captioner] 21:56:27
ACT.

[Captioner] 21:56:29
FIRST THE PROJECT RESULTS IN 

[Captioner] 21:56:31
SIGNIFICANT HEALTH RISKS FROM 

[Captioner] 21:56:32
CONSTRUCTION AIR POLLUTION 

[Captioner] 21:56:34
EMISSIONS AND FROM THE BACKUP 

[Captioner] 21:56:36
GENERATOR WHICH WILL BE ON SITE 

[Captioner] 21:56:38
WHICH WILL NOT BE FULLY 

[Captioner] 21:56:40
MITIGATED UNDER THE GENERAL PLAN 

[Captioner] 21:56:43
SAFETY STANDARDS OR THE AIR 

[Captioner] 21:56:44
QUALITY REQUIREMENTS.

[Captioner] 21:56:46
WHO CONDUCTED AN END HEALTH RISK 

[Captioner] 21:56:48
ANALYSIS OF THE PROJECTS'S 

[Captioner] 21:56:50
CONSTRUCTION AND OPERATIONAL AIR 

[Captioner] 21:56:51
EMISSIONS.

[Captioner] 21:56:55
THE QUANTIFIED HEALTH RISK, 

[Captioner] 21:56:59
EXCEED BAY AREA AIR QUALITY 

[Captioner] 21:57:04
DISTRICT,'S PARTICULARLY, FOUND

[Captioner] 21:57:04
 

[Captioner] 21:57:07
THAT THE CANCER RISK OF 11 IN 3 

[Captioner] 21:57:10
MILLION, 17.3D AND 1 MILLION 

[Captioner] 21:57:11
OVER THE COURSE OF A RESIDENTIAL 

[Captioner] 21:57:12
LIFETIME.

[Captioner] 21:57:13
THIS IS NEW INFORMATION ABOUT 

[Captioner] 21:57:14
PROJECT SPECIFIC IMPACTS THAT 

[Captioner] 21:57:16
WERE THOUGHT KNOWN AT THE TIME 

[Captioner] 21:57:18
OF THE 87 EIR AND WERE NOT 

[Captioner] 21:57:19
ANALYZED.

[Captioner] 21:57:21
ADDITIONAL MITIGATION MEASURES 

[Captioner] 21:57:23
INCLUDING AN ELECTRIC BACKUP 

[Captioner] 21:57:25
GENERATOR ARE REQUIRED TO REDUCE 

[Captioner] 21:57:27
SIGNIFICANT HEALTH RISK AND AIR 

[Captioner] 21:57:32
QUALITY IMPACTS FROM OPERATION.

[Captioner] 21:57:33
A COULDN'T EIR IS THEREFORE 

[Captioner] 21:57:34
REQUIRED.

[Captioner] 21:57:35
FURTHER NOISE IMPACTS ON 

[Captioner] 21:57:38
SENSITIVE RECEPTORS AT KAISER 

[Captioner] 21:57:41
WERE FOUND BY OUR NOISE EXPERT 

[Captioner] 21:57:45
TO BE MORE SEVERED THAN 2011, 

[Captioner] 21:57:47
SPECIFIC OUR NOISE CONSULTANT 

[Captioner] 21:57:50
CONCLUDED THAT THE CITY'S 

[Captioner] 21:57:51
STANDARD REQUIREMENTS ARE 

[Captioner] 21:57:53
INSUFFICIENT TO REDUCE TO LESS 

[Captioner] 21:57:54
THAN SIGNIFICANT LEVELS.

[Captioner] 21:57:58
OUR CONSULTANT FOUND THAT NOISE 

[Captioner] 21:58:00
DURING DEMOLITION WILL RESULT IN 

[Captioner] 21:58:01
A SIGNIFICANT AND UNMITIGATED 

[Captioner] 21:58:04
IMPACT TO NOISE SENSITIVE 

[Captioner] 21:58:06
RECEPTORS AND THESE ARE NOT FAST 

[Captioner] 21:58:08
ADDRESSED IN THE CITY'S 

[Captioner] 21:58:09
DEVELOPMENT REQUIREMENTS.

[Captioner] 21:58:10
MITIGATION PROPOSED BY OUR 

[Captioner] 21:58:12
EXPERTS TO ADDRESS THE GANLTS 

[Captioner] 21:58:14
IMPACTS IS CONSIDERABLY 

[Captioner] 21:58:16
DIFFERENT FROM MEASURES 

[Captioner] 21:58:18
CONDUCTED FROM THE GENERAL PLAN 

[Captioner] 21:58:19
EIR FOR CONSTRUCTION AND 

[Captioner] 21:58:20
VIBRATION.

[Captioner] 21:58:22
A PROJECT LEVEL QULIER MUST BE 

[Captioner] 21:58:25
PREPARED TO ANALYZE FEASIBLE 

[Captioner] 21:58:27
MITIGATION TO THE GREATEST 

[Captioner] 21:58:29
EXTENT FEASIBLE.

[Captioner] 21:58:31
FURTHER SCWAD SPECIFICALLY 

[Captioner] 21:58:34
PROHIBITS THE USE OF, UNUSUAL 

[Captioner] 21:58:36
CIRCUMSTANCES, HERE THE 

[Captioner] 21:58:38
PROJECT'S HEALTH RISKS IMPACTS 

[Captioner] 21:58:39
FROM CONSTRUCTION AND OPERATION 

[Captioner] 21:58:40
RESULT IN A SIGNIFICANT EFFECT 

[Captioner] 21:58:43
ON SENSITIVE RECEPTORS AT THE 

[Captioner] 21:58:43
HOSPITAL.

[Captioner] 21:58:45
THIS RESULTS IN AN UNUSUAL 

[Captioner] 21:58:48
CIRCUMSTANCE CITING THE 

[Captioner] 21:58:49
POLLUTING SOURCES RIGHT NEXT TO 

[Captioner] 21:58:51
A HOSPITAL.

[Captioner] 21:58:52
AND SUBSEQUENT EIR MUST BE 

[Captioner] 21:58:53
PREPARED ON THIS BASIS AS WELL.

[Captioner] 21:58:58
FOR THESE REASONS AND THOSE 

[Captioner] 21:59:00
ADDRESSED THIS OUR APPEAL, EAST 

[Captioner] 21:59:01
BAY RESIDENTS RESPECTFULLY 

[Captioner] 21:59:03
REQUEST THAT THE CITY COUNCIL 

[Captioner] 21:59:05
UPHOLD THIS APPEAL AND DIRECT 

[Captioner] 21:59:08
THE CITY MANAGER TO VOID THE 

[Captioner] 21:59:10
AGREEMENT AND INVOICES, RELATED 

[Captioner] 21:59:12
TO THE IS EAST BAY RESIDENTS 

[Captioner] 21:59:14
APPEAL OF THE PROJECT, AS 

[Captioner] 21:59:17
CONTRARY TO STATE LAW AND 

[Captioner] 21:59:17
POLICY.

[Captioner] 21:59:19
WE ASK THAT THE COUNCIL REMAND 

[Captioner] 21:59:22
THE PROJECT TO STAFF TO PREPARE 

[Captioner] 21:59:24
A PROJECT LEVEL ENVIRONMENTAL 

[Captioner] 21:59:26
IMPACT REPORT TO MITIGATE THE 

[Captioner] 21:59:29
NOISE IMPACTS, IF NECESSARY TIME 

[Captioner] 21:59:32
IS REQUIRED TO HEAR THE APPEAL, 

[Captioner] 21:59:33
EAST BAY RESIDENTS REQUESTS AT 

[Captioner] 21:59:36
LEAST 60 DAYS IN ORDER TO FULLY 

[Captioner] 21:59:38
INVESTIGATE THE INVOICE AND 

[Captioner] 21:59:42
STAFF ISSUES AND ALLOW A 

[Captioner] 21:59:44
DOCUMENT PREPARED IN TOMORROW OF 

[Captioner] 21:59:44
AN EIR.

[Captioner] 21:59:45
THANK YOU.

[Captioner] 21:59:46
>> Mayor Mei:   THANK YOU.

[Captioner] 21:59:47
AT THIS TIME I'D LIKE TO SEE IF 

[Captioner] 21:59:48
THERE ARE ANY CLARIFYING 

[Captioner] 21:59:52
QUESTIONS FROM THE COUNCIL.

[Captioner] 22:00:00
SEEING NONE, THE APPLICANT WILL 

[Captioner] 22:00:02
HAVE A TEN MINUTE PRESENTATION 

[Captioner] 22:00:03
TOO TOO.

[Captioner] 22:00:05
 TOO.

[Captioner] 22:00:08
.

[Captioner] 22:00:10
>> THANK YOU SO MUCH MAYOR.

[Captioner] 22:00:12
IF THE CLERK WOULD BE SO KIND.

[Captioner] 22:00:14
OKAY, THANK YOU.

[Captioner] 22:00:34
TRUSTEE SWEENEY OOH, PERFECT.

[Captioner] 22:00:36
AND IF WE COULD JUST SKIP AHEAD 

[Captioner] 22:00:38
TO SLIDE 3 I'LL TRY TO BE MUCH 

[Captioner] 22:00:40
MORE TEASHT THIS TIME AND 

[Captioner] 22:00:43
RESPECTFUL OF THE COUNCIL AND 

[Captioner] 22:00:46
EVERYONE'S TIME HERE.

[Captioner] 22:00:49
JUST IN TERMS OF THE SHOPPING 

[Captioner] 22:00:51
CENTER, OBVIOUSLY GATEWAY PLAZA 

[Captioner] 22:00:53
IS A VERY DIFFERENT FROM FREMONT 

[Captioner] 22:00:56
HUB, HALF A MILE STRAIGHT NORTH, 

[Captioner] 22:00:58
THOUGHT QUITE STRAIGHT BUT CLOSE 

[Captioner] 22:01:00
TO DIRECTLY THE STREET GRID 

[Captioner] 22:01:05
NORTH, CHORED BY THE REALLY, 

[Captioner] 22:01:10
 RALEIGH'S

[Captioner] 22:01:10
 

[Captioner] 22:01:11
GROCERY STORE.

[Captioner] 22:01:13
WITH A VERY DIFFERENT MAKEUP.

[Captioner] 22:01:15
 THE SITE THAT WE'RE TALKING 

[Captioner] 22:01:17
ABOUT THIS EVENING IS THE FORMER 

[Captioner] 22:01:19
24 HOUR FITNESS BUILDING AND ITS 

[Captioner] 22:01:21
ASSOCIATED PARKING FIELD.

[Captioner] 22:01:24
WE TOOK GREAT PAINS HERE TO -- 

[Captioner] 22:01:27
NOT TO IMPACT ANY OF THE OTHER 

[Captioner] 22:01:31
RETAILERS AT THE SITE.

[Captioner] 22:01:33
SO WITH THE EXCEPTION OF THE 

[Captioner] 22:01:36
FORMER GYM WHICH VACATED, 

[Captioner] 22:01:38
THERE'S LITTLE DISPLACEMENT OF 

[Captioner] 22:01:40
ANY OF THE EXISTING TENANTS 

[Captioner] 22:01:40
HERE.

[Captioner] 22:01:42
IF WE COULD GO TO THE NEXT 

[Captioner] 22:01:42
SITE.

[Captioner] 22:01:44
THIS SHOWS MORE CLEARLY WHERE 

[Captioner] 22:01:46
THE SITE IS.

[Captioner] 22:01:48
IT WAS VERY IMPORTANT FOR US TO 

[Captioner] 22:01:53
BOLSTER THE STRENGTH OF THE 

[Captioner] 22:01:57
RETAIL ALL AROUND THIS SITE AND 

[Captioner] 22:02:01
TO DO NO HARM, THAT WE WERE 

[Captioner] 22:02:02
SURROUNDED BY HOSPITALS AT THIS 

[Captioner] 22:02:04
SITE WE WERE TRYING TO FOLLOW 

[Captioner] 22:02:06
THE HIPPOCRATIC OATH HERE.

[Captioner] 22:02:08
NEXT SLIDE PLEASE.

[Captioner] 22:02:11
THIS BUILDING IS TBOA 06 UNITS.

[Captioner] 22:02:16
IT WRAPS A GARAGE, IT --

[Captioner] 22:02:16
 YOU 

[Captioner] 22:02:17
WILL NOTE THAT EVEN THOUGH THE 

[Captioner] 22:02:21
SITE IS L SHAPED WE KEPT A TRICK 

[Captioner] 22:02:23
RECTANGLE FOR THE BUILDING 

[Captioner] 22:02:23
ITSELF.

[Captioner] 22:02:25
THAT'S BECAUSE WE THOUGHT IT WAS 

[Captioner] 22:02:28
IMPORTANT TO KEEP AS MUCH RETAIL 

[Captioner] 22:02:31
PARKING AS POSSIBLE.

[Captioner] 22:02:35
THIS LITTLE FRONT LOT IN FRONT 

[Captioner] 22:02:38
OF THE PROGRAM DO DOUBLE DUTY 

[Captioner] 22:02:39
AND WAS SHARED WE THOUGHT THAT 

[Captioner] 22:02:42
THAT WAS ABOUT AS FAR BACK AS WE 

[Captioner] 22:02:44
WOULD EXPECT A CUSTOMER TO RAISE 

[Captioner] 22:02:46
TO THE EXISTING SHOPPING CENTER 

[Captioner] 22:02:48
TO PARK AND WALK AROUND TO THE 

[Captioner] 22:02:51
REST OF THE SHOPPING CENTER.

[Captioner] 22:02:52
THE AREA BEHIND IT WHERE THE 

[Captioner] 22:02:57
BUILDING IS PROPOSED, WE -- 

[Captioner] 22:02:59
ESPECIALLY THE PART WHERE THERE 

[Captioner] 22:03:01
IS EXISTING PARKING SPACES, DO 

[Captioner] 22:03:03
WE THINK THAT ANYONE WOULD PARK 

[Captioner] 22:03:05
ALL THE WAY BACK THERE AND WALK 

[Captioner] 22:03:06
ALL THE WAY AROUND.

[Captioner] 22:03:08
SO THAT'S WHY WE PRESERVED THE 

[Captioner] 22:03:12
AREA FOR PARKING THAT WE DID.

[Captioner] 22:03:13
LIKE FREMONT HUB THE RESIDENTS 

[Captioner] 22:03:16
PARKING SPACES WERE L WOULD ALL 

[Captioner] 22:03:18
BE WITHIN THIS GARAGE.

[Captioner] 22:03:21
WE ALSO A LITTLE AREA OF PARKING 

[Captioner] 22:03:24
IN THE BACK THAT WE ALSO OWN 

[Captioner] 22:03:27
WHERE WE PARK WE ARE TRYING TO 

[Captioner] 22:03:30
KEEP ALL THE OVERNIGHT GUESTS 

[Captioner] 22:03:32
AND ALL OF THE GUESTS FOR THIS 

[Captioner] 22:03:34
BUILDING THE RESIDENTS WOULD 

[Captioner] 22:03:36
WANT TO KEEP THEM AWAY FROM THE 

[Captioner] 22:03:37
RETAIL PARKING TO PRESERVE THE 

[Captioner] 22:03:40
PARKING FIELD WHICH 

[Captioner] 22:03:41
COUNCILMEMBER KASSAN QUITE 

[Captioner] 22:03:44
RIGHTLY POINTED OUT IS A LITTLE 

[Captioner] 22:03:45
BIT TIGHTER AND A LITTLE BIT 

[Captioner] 22:03:48
TRICKIER THAN AT FREMONT HUB.

[Captioner] 22:03:51
NEXT SLIDE PLEASE.

[Captioner] 22:03:54
JUST SHOWS THE MASSING OF THE 

[Captioner] 22:03:56
BUILDING.

[Captioner] 22:04:01
WE -- WE ARE ACTIVATING WILM

[Captioner] 22:04:02
OT 

[Captioner] 22:04:06
AVENUE WITH GROUND FLOOR A-- 

[Captioner] 22:04:07
WALNUT AFTERNOON WITH GROUND 

[Captioner] 22:04:09
FLOOR AMENITIES, FOR BEST 

[Captioner] 22:04:11
PRACTICES OWES FOR PLANNING 

[Captioner] 22:04:12
BUILDINGS LIKE THESE.

[Captioner] 22:04:16
THE VEHICULAR SPRANS WILL

[Captioner] 22:04:17
 BE 

[Captioner] 22:04:19
FROM BART WAY, TRYING TO KEEP 

[Captioner] 22:04:21
THE REGIONAL TRAFFIC SEPARATE 

[Captioner] 22:04:22
FROM THE RESIDENTS FOR THE 

[Captioner] 22:04:26
BENEFIT OF THE VISITORS TO OUR 

[Captioner] 22:04:27
SHOPPING CENTER.

[Captioner] 22:04:29
NEXT SLIDE PLEASE.

[Captioner] 22:04:32
JUST SOME ADDITIONAL IMAGERY OF 

[Captioner] 22:04:33
ANOTHER BUILDING THAT WE'RE 

[Captioner] 22:04:35
REALLY REALLY PLEASED WITH AND 

[Captioner] 22:04:36
THINK OUR DESIGN TEAM DID AN 

[Captioner] 22:04:37
EXCEPTIONAL JOB.

[Captioner] 22:04:40
THIS IS AN AMENITY RICH 

[Captioner] 22:04:42
BUILDING.

[Captioner] 22:04:45
WE ADMIRE SOME OF THE NEWER 

[Captioner] 22:04:49
BUILDINGS IN TOWN INCLUDING THE

[Captioner] 22:04:50
 

[Captioner] 22:04:53
ACCRA, WHO IS BY A DESIGNING 

[Captioner] 22:04:55
ARCHITECT WHO HAVE DESIGNED BOTH 

[Captioner] 22:04:57
OF OUR BUILDINGS, WE HAVE MADE 

[Captioner] 22:05:02
IT AMENITY RICH, IT'S GOING TO 

[Captioner] 22:05:04
BE A FULL EXPERIENCE IN TAKING 

[Captioner] 22:05:05
ADVANTAGE OF THE TRANSIT 

[Captioner] 22:05:07
ORIENTED DEVELOPMENT LOCATION 

[Captioner] 22:05:08
GIVEN THAT WE ARE RIGHT AT THE 

[Captioner] 22:05:10
DOORSTEP TO THE DRIVEWAY TO THE 

[Captioner] 22:05:11
BART WHICH WE COULDN'T BE MORE 

[Captioner] 22:05:13
EXCITED ABOUT.

[Captioner] 22:05:15
AND THINK THAT IT WILL REALLY 

[Captioner] 22:05:16
ACTIVATE THIS LOCATION.

[Captioner] 22:05:18
NEXT SLIDE PLEASE.

[Captioner] 22:05:20
THIS JUST SHOWS THE FRONT 

[Captioner] 22:05:21
ENTRANCE OF THE BUILDING.

[Captioner] 22:05:24
AGAIN WITH ENHANCED PEDESTRIAN 

[Captioner] 22:05:28
CONNECTIVITY, AND AS WELL AS, 

[Captioner] 22:05:32
YOU KNOW, ACCESS TO BIKE ROUTES 

[Captioner] 22:05:34
ALONG WALNUT AND THROUGHOUT THE 

[Captioner] 22:05:35
VICINITY, CONNECTIVITY IS REALLY 

[Captioner] 22:05:37
AN IMPORTANT THEME HERE.

[Captioner] 22:05:38
AND THEN THE LAST SLIDE THAT I 

[Captioner] 22:05:41
WANTED TO HIGHLIGHT IS JUST ON 

[Captioner] 22:05:43
THE NEXT ONE WHICH SHOWS THE 

[Captioner] 22:05:45
ENTRANCE TO THE GARAGE ALONG 

[Captioner] 22:05:46
BART WAY.

[Captioner] 22:05:48
AND WE ALSO NOTE, THE LAST POINT 

[Captioner] 22:05:52
THAT I'LL MAKE IS THAT AS WE

[Captioner] 22:05:53
 

[Captioner] 22:05:54
ALLUDED IN THE PRIOR HEARING WE 

[Captioner] 22:05:56
DID HAVE CONVERSATIONS WITH BOTH 

[Captioner] 22:05:57
OF THE HOSPITAL ET CETERA AND I 

[Captioner] 22:06:00
WOULD NOTE THAT WITHOUT 

[Captioner] 22:06:01
DISCLOSING THE PRIVATE 

[Captioner] 22:06:03
CONVERSATIONS BETWEEN PRIVATE 

[Captioner] 22:06:04
PROPERTY OWNERS, THERE WAS NO 

[Captioner] 22:06:06
CONCERN THAT WAS BROUGHT UP IN 

[Captioner] 22:06:10
THOSE CONVERSATIONS ABOUT THE 

[Captioner] 22:06:12
ALLEGATIONS THAT THE APPELLANT 

[Captioner] 22:06:13
HAS PRESENTED HERE.

[Captioner] 22:06:16
AND WITH THAT, I WILL HAND THE 

[Captioner] 22:06:18
MIC TO MY COLLEAGUE MR. WINTER 

[Captioner] 22:06:21
IN CASE HE HAS ANY ADDITIONAL 

[Captioner] 22:06:21
COMMENTS HERE.

[Captioner] 22:06:26
>> GOOD EVENING, MAYOR MEI AND 

[Captioner] 22:06:29
MEMBERS OF THE CITY COUNCIL, 

[Captioner] 22:06:30
BRIAN WINTER AGAIN FROM MILLER 

[Captioner] 22:06:32
STAR REGALIA ON BEHALF OF THE 

[Captioner] 22:06:33
APPLICANT KIMCO.

[Captioner] 22:06:35
THANK YOU GOAN FOR YOUR TIME.

[Captioner] 22:06:37
I'LL AGAIN TRY TO BE BRIEF AND 

[Captioner] 22:06:38
TRY TO HIGHLIGHT A COUPLE OF 

[Captioner] 22:06:40
POINTS THAT ARE ON THE TABLE FOR 

[Captioner] 22:06:41
YOU THIS EVENING.

[Captioner] 22:06:43
GOAN I WANT TO COMPLIMENT STAFF 

[Captioner] 22:06:44
FOR THEIR HARD WORK IN 

[Captioner] 22:06:45
CONNECTION WITH THIS PROJECT 

[Captioner] 22:06:47
WHICH I BELIEVE IS FULLY 

[Captioner] 22:06:49
CONSISTENT AND MANDATED WITH 

[Captioner] 22:06:50
STATE HOUSING LAW.

[Captioner] 22:06:51
WITH RESPECT TO THE DUE PROCESS 

[Captioner] 22:06:54
ISSUE THAT HAS COME UP 

[Captioner] 22:06:56
PREVIOUSLY, HAS COME UP NOW IT 

[Captioner] 22:06:58
IS A MIRAGE.

[Captioner] 22:06:59
THERE IS NOTICE DUE PROCESS 

[Captioner] 22:07:00
ISSUE.

[Captioner] 22:07:02
WHEN A PROMPT HAS BEEN APPEALED 

[Captioner] 22:07:04
LIKE THIS ONE HAS BEEN SOMEBODY 

[Captioner] 22:07:05
HAS TO PAY FOR THE COST OF 

[Captioner] 22:07:07
APPEAL AND THERE IS NOTHING 

[Captioner] 22:07:08
INCONSISTENT WITH THE LAW OR 

[Captioner] 22:07:09
WITH PUBLIC POLICY IN CHARGING 

[Captioner] 22:07:11
THE APPLICANT FOR THEIR CHOICE 

[Captioner] 22:07:13
TO FILE AN APPEAL.

[Captioner] 22:07:16
THERE IS NO -- THERE IS NO 

[Captioner] 22:07:18
PROTECTABLE PROPERTY INTEREST 

[Captioner] 22:07:20
HERE AND NO DUE PROCESS RIGHT TO 

[Captioner] 22:07:22
AVOIDED PAYING AN APPEAL FEE.

[Captioner] 22:07:23
THAT IS CONSISTENT WITH ACTUALLY 

[Captioner] 22:07:24
WHAT HAPPENS IN OTHER 

[Captioner] 22:07:25
JURISDICTIONS AND IT'S HAPPENED 

[Captioner] 22:07:26
HERE.

[Captioner] 22:07:29
I WOULD ALSO NOTE THAT CEQA 

[Captioner] 22:07:31
ITSELF EXPRESSLY RECOGNIZES IN 

[Captioner] 22:07:35
SECTION 21001D THE NEED TO HAVE 

[Captioner] 22:07:37
ENVIRONMENTAL REVIEW DONE, WHILE 

[Captioner] 22:07:40
ALSO PROVIDING HOUSING FOR EVERY 

[Captioner] 22:07:41
CALIFORNIAN.

[Captioner] 22:07:43
CEQA ITSELF EXPRESSLY RECOGNIZES 

[Captioner] 22:07:45
THE NEED TO PROVIDE HOUSING FOR 

[Captioner] 22:07:46
OUR RESIDENTS.

[Captioner] 22:07:48
IN ADDITION, I WOULD ALSO NOTE 

[Captioner] 22:07:53
THAT THE LAW THAT OPPOSING

[Captioner] 22:07:54
 OPPOSING 

[Captioner] 22:07:56
COUNSEL AS EXPLAINED BY OPPOSING 

[Captioner] 22:07:58
COUNSEL AGAIN IS IMPRECISE AND 

[Captioner] 22:08:02
NOT COMPLETE AND MISLEADING.

[Captioner] 22:08:04
THE LAW FOR CEQA GUIDELINES 

[Captioner] 22:08:08
SECTION 15162 IS FOCUSED ON 

[Captioner] 22:08:10
CHANGES IN THE PROJECT, CHANGES 

[Captioner] 22:08:12
IN THE CIRCUMSTANCES OR 

[Captioner] 22:08:14
SIGNIFICANT NEW INFORMATION.

[Captioner] 22:08:15
THAT WAS NOT KNOWN AND COULD 

[Captioner] 22:08:17
THOUGHT HAVE BEEN KNOWN WITH THE 

[Captioner] 22:08:19
EXERCISE OF REASONABLE 

[Captioner] 22:08:19
DILIGENCE.

[Captioner] 22:08:21
THAT IS IN THAT LAST PART, 

[Captioner] 22:08:22
THAT'S ONE REQUIREMENT.

[Captioner] 22:08:24
IT IS NOT JUST THAT IT WASN'T 

[Captioner] 22:08:25
KNOWN BUT THAT IT ALSO COULD NOT 

[Captioner] 22:08:27
HAVE BEEN KNOWN WITH THE 

[Captioner] 22:08:29
EXERCISE OF REASONABLE 

[Captioner] 22:08:29
DILIGENCE.

[Captioner] 22:08:31
AND ALL OF THE ISSUES THAT ARE 

[Captioner] 22:08:33
IDENTIFIED BY OPPOSING COUNSEL 

[Captioner] 22:08:35
ARE THINGS THAT COULD HAVE IF 

[Captioner] 22:08:38
THEY WEREN'T KNOWN BACK IN 2011 

[Captioner] 22:08:40
WITH THE GENERAL PLAN EIR THEY 

[Captioner] 22:08:42
CERTAINLY COULD HAVE BEEN KNOWN 

[Captioner] 22:08:43
WITH THE EXERCISE OF REASONABLE 

[Captioner] 22:08:44
DILIGENCE.

[Captioner] 22:08:46
THE STANDARD IN ADDITION IN 

[Captioner] 22:08:49
SECTION 15162 IS NOT JUST THAT 

[Captioner] 22:08:51
THERE ARE MORE SEVERE IMPACTS.

[Captioner] 22:08:53
WHAT THAT SECTION LOOKS TO IS 

[Captioner] 22:08:54
WHO THERE IS A SUBSTANTIAL 

[Captioner] 22:08:56
INCREASE IN THE SEVERITY OF 

[Captioner] 22:08:57
PREVIOUSLY IDENTIFIED IMPACTS.

[Captioner] 22:08:58
THAT IS THE STANDARD.

[Captioner] 22:09:01
NOT JUST AN INCREASE BUT A 

[Captioner] 22:09:03
SUBSTANTIAL ENERGIES IN THE 

[Captioner] 22:09:03
SEVERITY.

[Captioner] 22:09:07
RUNNING OUT OF TIME I WOULD ALSO 

[Captioner] 22:09:10
NOTE THAT CEQA EXPRESSLY BY ITS 

[Captioner] 22:09:14
ONUS TERMS IN 1504 ZERO

[Captioner] 22:09:15
 OF CEQA 

[Captioner] 22:09:17
RECOGNIZES, I'M GOING TO READ A 

[Captioner] 22:09:19
COUPLE OF THINGS SINCE I HAVE A 

[Captioner] 22:09:21
MOMENT RECOGNIZES THAT CEQA 

[Captioner] 22:09:23
ISN'T AN INDEPENDENT SOURCE OF 

[Captioner] 22:09:24
LEGAL AUTHORITY.

[Captioner] 22:09:27
IT IS SUBJECT TO SET FORTH IN 

[Captioner] 22:09:28
OTHER LAWS.

[Captioner] 22:09:31
CEQA IS INTENDED TO BE USED IN 

[Captioner] 22:09:34
DISCRETIONARY, BY OTHER LAWS.

[Captioner] 22:09:36
CEQA DOES THOUGHT GRANT AN 

[Captioner] 22:09:37
AGENCY NEW POWERS INDEPENDENT OF 

[Captioner] 22:09:39
THE POWERS GRANTED TO THE AGENCY 

[Captioner] 22:09:40
BY OTHER LAWS.

[Captioner] 22:09:42
THE EXERCISE OF DISCRETIONARY 

[Captioner] 22:09:44
POWER, THE EXERCISE OF 

[Captioner] 22:09:46
DISCRETIONARY POWERS FOR 

[Captioner] 22:09:46
ENVIRONMENTAL PROTECTION SHALL 

[Captioner] 22:09:50
BE CONSISTENT WITH EXPRESS SORE 

[Captioner] 22:09:51
IMPLIED LIMITATIONS PROVIDE ID 

[Captioner] 22:09:52
BY OTHER LAWS.

[Captioner] 22:09:55
THE HOUSING ACCOUNTABILITY LAW 

[Captioner] 22:09:56
WHICH APPLIES TO THIS PROJECT IS 

[Captioner] 22:09:57
ANOTHER LAW.

[Captioner] 22:10:00
CEQA GOES NOTES SUPERSEDE THE 

[Captioner] 22:10:02
HOUSING ACCOUNTABILITY LAW.

[Captioner] 22:10:03
YOU HAVE TO LOOK TO BOTH 

[Captioner] 22:10:05
TOGETHER BUT THERE ARE TIMES 

[Captioner] 22:10:07
WHEN THE HOUSING ACCOUNTABILITY 

[Captioner] 22:10:09
ACT TRUMPS CEQA.

[Captioner] 22:10:12
CEQA IS ONLY FEASIBLE MITIGATION 

[Captioner] 22:10:14
AND CEQA ITSELF, SORRY THE 

[Captioner] 22:10:16
HOUSING ACCOUNTABILITY ITSELF 

[Captioner] 22:10:20
EXPRESSLY SAYS IN 659.5

[Captioner] 22:10:21
 B THAT 

[Captioner] 22:10:22
THE CIRCUMSTANCES THAT WOULD 

[Captioner] 22:10:24
GIVE RISE TO A SIGNIFICANT 

[Captioner] 22:10:26
IMPACT ON PUBLIC HEALTH AND 

[Captioner] 22:10:28
SAFETY ARISE INFREQUENTLY.

[Captioner] 22:10:30
THIS IS THE PROJECT THAT IS THE 

[Captioner] 22:10:31
KIND OF PROJECT THAT CALIFORNIA 

[Captioner] 22:10:33
COMMUNITIES APPROVE REGULARLY.

[Captioner] 22:10:34
THERE IS NOTHING UNUSUAL ABOUT 

[Captioner] 22:10:36
THIS PROJECT.

[Captioner] 22:10:37
THE CIRCUMSTANCES SURROUNDING 

[Captioner] 22:10:38
THE PROJECT ARE NOT UNIQUE.

[Captioner] 22:10:40
I HOPE YOU WILL REJECT THE 

[Captioner] 22:10:42
APPEAL AND APPROVE THIS PROJECT 

[Captioner] 22:10:42
TONIGHT.

[Captioner] 22:10:43
THANK YOU.

[Captioner] 22:10:45
>> Mayor Mei:   THANK YOU.

[Captioner] 22:10:48
WE HAVE CLARIFYING QUESTIONS.

[Captioner] 22:10:48
COUNCILMEMBER CAMPBELL.

[Captioner] 22:10:50
>> Councilmember Campbell:   

[Captioner] 22:10:50
THANK YOU.

[Captioner] 22:10:52
I JUST HAVE ONE QUICK QUESTION.

[Captioner] 22:10:54
FOR CLARITY PURPOSES.

[Captioner] 22:10:59
WAS IT TWO ENVIRONMENTAL STUDIES 

[Captioner] 22:11:00
DONE FOR CEQA FOR THE GENERAL 

[Captioner] 22:11:04
PLAN IN 2011 AND KNOWN AGAIN IN 

[Captioner] 22:11:10
THE 2015 CITY CENTER PLAN?

[Captioner] 22:11:16
>> THE 2011 GENERAL PLAN UPDATE, 

[Captioner] 22:11:17
I DON'T HAVE THE COMPLETE 

[Captioner] 22:11:19
LISTING OF TECHNICAL STUDIES 

[Captioner] 22:11:21
THAT SORT OF INFORMED THAT OR 

[Captioner] 22:11:22
DISCLOSE OWED ITS POTENTIAL 

[Captioner] 22:11:25
IMPACTS BUT IT WOULD HAVE BEEN 

[Captioner] 22:11:26
SEEMINGLY NUMEROUS STUDIES AND 

[Captioner] 22:11:28
THEN FOR THIS PROJECT AS WELL, 

[Captioner] 22:11:31
NUMEROUS STUDIES WERE USED AND 

[Captioner] 22:11:33
CITED IN THIS STAFF'S CEQA 

[Captioner] 22:11:35
COMPLIANCE CHECKLIST.

[Captioner] 22:11:36
>> I CAN ADD TO THAT A LITTLE 

[Captioner] 22:11:38
BIT AND THAT IS THE BASELINE 

[Captioner] 22:11:39
CONDITIONS WERE ESTABLISHED 

[Captioner] 22:11:41
THROUGH THE STUDIES DONE FOR THE 

[Captioner] 22:11:42
GENERAL PLAN EIR AND KNOWN 

[Captioner] 22:11:43
STANDARDS BY WHICH TO MEASURE 

[Captioner] 22:11:45
PROJECTS WERE SET AND THE 

[Captioner] 22:11:48
COMPLIANCE WITH THOSE STANDARDS 

[Captioner] 22:11:50
KNOWN AND APPLIED TO FUTURE 

[Captioner] 22:11:51
PROJECTS.

[Captioner] 22:11:51
>> Councilmember Campbell:   BUT 

[Captioner] 22:11:53
THAT WAS JUST 2011.

[Captioner] 22:11:55
WHAT IS THE 2015?

[Captioner] 22:12:00
WHAT IS THE 2015 CITY CENTER EIR

[Captioner] 22:12:00
EIR?

[Captioner] 22:12:02
>> Planner Pullen:   THERE WAS 

[Captioner] 22:12:05
NO EIR FOR THE CITY CENTER.

[Captioner] 22:12:06
THE CITY CENTER RELIED ON THE 

[Captioner] 22:12:07
GENERAL PLAN.

[Captioner] 22:12:08
>> Councilmember Campbell:   

[Captioner] 22:12:09
THANK YOU.

[Captioner] 22:12:10
>> Mayor Mei:   THANK YOU, 

[Captioner] 22:12:12
CLARIFYING QUESTIONS, 

[Captioner] 22:12:13
COUNCILMEMBER KASSAN.

[Captioner] 22:12:13
>> Councilmember Kassan:   I 

[Captioner] 22:12:16
NOTICED IN BOTH PROJECT THERE 

[Captioner] 22:12:19
WAS AN AREA THAT SAID 

[Captioner] 22:12:19
CO-WORKING.

[Captioner] 22:12:21
IS THAT PLAN JUST TO BE OPEN TO 

[Captioner] 22:12:23
RESIDENTS OR TO OTHER MEMBERS OF 

[Captioner] 22:12:25
THE COMMUNITY?

[Captioner] 22:12:26
>> THANK YOU, COUNCILMEMBER 

[Captioner] 22:12:27
KASSAN.

[Captioner] 22:12:28
THE PLAN WOULD BE THAT WOULD BE 

[Captioner] 22:12:30
AMENITY FOR THE RESIDENTS OF THE 

[Captioner] 22:12:31
BUILDING.

[Captioner] 22:12:33
I MEAN IT'S CERTAINLY POSSIBLE 

[Captioner] 22:12:35
WE HAVE 200,000 SQUARE FOOT PLUS 

[Captioner] 22:12:37
SHOPPING CENTER.

[Captioner] 22:12:39
SO IT COULD CERTAINLY BE 

[Captioner] 22:12:42
POSSIBLE THAT CO-WORKING WHERE 

[Captioner] 22:12:44
SOME USE LIKE THAT COULD BE 

[Captioner] 22:12:46
INCORPORATED FOR THE PUBLIC AND 

[Captioner] 22:12:47
SHOPPING CENTER.

[Captioner] 22:12:49
I CAN MENTION THAT TO OUR 

[Captioner] 22:12:51
LEASING TEAM BUT AT THIS POINT 

[Captioner] 22:12:52
IN THE BUILDING THAT WOULD BE 

[Captioner] 22:12:56
FOR THE RESIDENTS.

[Captioner] 22:12:57
>> Mayor Mei:   THANK YOU.

[Captioner] 22:13:04
SEEING NO OTHER COMMENTS OR 

[Captioner] 22:13:05
CLARIFYING QUESTIONS, 

[Captioner] 22:13:08
COUNCILMEMBER COX.

[Captioner] 22:13:08
>> Councilmember Cox:   THANK 

[Captioner] 22:13:08
YOU.

[Captioner] 22:13:12
I WOULD LIKE TO FIND OUT, ARE 

[Captioner] 22:13:14
YOU ALSO GOING TO BE APPLYING 

[Captioner] 22:13:15
FOR THE LEED GOLD FOR THIS 

[Captioner] 22:13:17
GATEWAY PLAZA?

[Captioner] 22:13:19
>> YES, ABSOLUTELY.

[Captioner] 22:13:21
THAT IS, WHAT WE'RE DOING ACROSS 

[Captioner] 22:13:22
THE COUNTRY ON PROJECTS LIKE 

[Captioner] 22:13:23
THIS.

[Captioner] 22:13:25
AND SO ALL OF THE COMMENTS THAT 

[Captioner] 22:13:28
I MADE ON THE PRIOR BUILDING AND 

[Captioner] 22:13:32
THE COMMITMENT TO SUSTAINABILITY 

[Captioner] 22:13:35
AND MAY ABSOLUTELY APPLY TO THIS 

[Captioner] 22:13:36
BUILDING AS WELL.

[Captioner] 22:13:36
>> Councilmember Cox:   I WOULD 

[Captioner] 22:13:38
ALSO LIKE TO FIND OUT, I KNOW 

[Captioner] 22:13:40
THAT WE ARE LOOKING AT WHAT THE 

[Captioner] 22:13:42
APPEAL IS BUT JUST AN 

[Captioner] 22:13:43
UNDERSTANDING SOME PARTS OF YOUR 

[Captioner] 22:13:46
PROJECT WILL YOU BE UTILIZE SOME 

[Captioner] 22:13:49
OF THE SMALL BUSINESS AND LOCAL 

[Captioner] 22:13:51
WORK ON THIS PROJECT AT ALL?

[Captioner] 22:13:53
>> LOCAL HIRING IS AN IMPORTANT 

[Captioner] 22:13:56
EMPHASIS SO YES, ABSOLUTELY.

[Captioner] 22:13:58
THE CLOSER WE CAN FIND THE 

[Captioner] 22:14:00
WORKERS, THE MORE THAT WE CAN 

[Captioner] 22:14:02
INCORPORATE FREMONT RESIDENTS, 

[Captioner] 22:14:06
THE MORE WE CAN INCORPORATE THE 

[Captioner] 22:14:07
UNION MEMBERS THAT LIVE IN 

[Captioner] 22:14:09
FREMONT AND LIVE IN THE 

[Captioner] 22:14:11
SURROUNDING COMMUNITIES, THAT'S 

[Captioner] 22:14:14
BETTER, THAT TAKES CARS OFF THE 

[Captioner] 22:14:17
ROADS THAT SHORTENS PEOPLE'S 

[Captioner] 22:14:18
COMMUTES SO ABSOLUTELY, THAT IS 

[Captioner] 22:14:21
A POINT OF EMPHASIS FOR US ON 

[Captioner] 22:14:22
THIS PROJECT AS WELL AS THE 

[Captioner] 22:14:23
OTHER ONE THAT WAS CONSIDERED 

[Captioner] 22:14:24
THIS EVENING.

[Captioner] 22:14:25
>> Councilmember Cox:   BECAUSE 

[Captioner] 22:14:27
WE DO HAVE A LOT OF LABOR 

[Captioner] 22:14:29
MEMBERS THAT DO WORK FOR KAISER 

[Captioner] 22:14:30
AND IT WOULD BE IDEAL FOR THEM 

[Captioner] 22:14:32
TO NOT HAVE TO LIVE TOO FAR TO 

[Captioner] 22:14:35
BE ABLE TO GO TO WORK.

[Captioner] 22:14:37
THE OTHER PART IS JUST 

[Captioner] 22:14:40
UNDERSTANDING A LITTLE BIT ABOUT 

[Captioner] 22:14:41
SMALL BUSINESS UTILIZATION 

[Captioner] 22:14:42
BECAUSE WE EXPECT WITH BOTH 

[Captioner] 22:14:44
PROJECTS THAT THERE WOULD BE 

[Captioner] 22:14:45
SOME CONTRIBUTIONS OF HELPING 

[Captioner] 22:14:47
OUR SMALL BUSINESSES IN THE AREA 

[Captioner] 22:14:49
AND SMALL MINORITY, WOMAN-OWNED 

[Captioner] 22:14:52
BUSINESSES ALSO TO KIND OF TAKE 

[Captioner] 22:14:53
ADVANTAGE OF BEING ABLE TO 

[Captioner] 22:14:55
PARTNER WITH YOUR ORGANIZATION.

[Captioner] 22:14:56
>> ABSOLUTELY.

[Captioner] 22:14:59
I AGREES 100%.

[Captioner] 22:15:02
I WILL ALSO NOTE THAT WE'VE GOT, 

[Captioner] 22:15:03
I DON'T KNOW THE PLAN IN FRONT 

[Captioner] 22:15:06
OF ME BUT PROBABLY 30 PLUS SMALL 

[Captioner] 22:15:08
BUSINESSES RIGHT AT THE SHOPPING 

[Captioner] 22:15:08
CENTER.

[Captioner] 22:15:11
BEYOND THAT ALL THAT WE ACCEPT 

[Captioner] 22:15:13
THAT WE CAN SOURCE MATERIALS AND 

[Captioner] 22:15:15
SERVICES ULG LOCALLY FOR OUR 

[Captioner] 22:15:17
CONSTRUCTION AND ONCE THIS IS AN 

[Captioner] 22:15:19
OPERATING SHOPPING CENTER ALL 

[Captioner] 22:15:19
THE BETTER.

[Captioner] 22:15:21
I LOVE THAT.

[Captioner] 22:15:21
>> Councilmember Cox:   THANK 

[Captioner] 22:15:22
YOU.

[Captioner] 22:15:23
>> THANK YOU.

[Captioner] 22:15:24
>> Mayor Mei:   THANK YOU.

[Captioner] 22:15:25
CLARIFYING QUESTIONS, 

[Captioner] 22:15:26
COUNCILMEMBER KASSAN.

[Captioner] 22:15:27
>> Councilmember Kassan:   YES, 

[Captioner] 22:15:29
I THINK I KNOW THE ANSWER BUT I 

[Captioner] 22:15:30
JUST WANT TO MAKE SURE WE GET 

[Captioner] 22:15:31
THIS OUT ON THE TABLE.

[Captioner] 22:15:33
THIS IS ALSO GOING TO BE 100% 

[Captioner] 22:15:35
MARKET RATE AND YOU'LL BE 

[Captioner] 22:15:37
CHOOSING THE IN LIEU FEES FOR 

[Captioner] 22:15:38
YOUR AFFORDABLE HOUSING 

[Captioner] 22:15:40
COMPLIANCE.

[Captioner] 22:15:42
>> THAT IS THE PLAN FOR THIS.

[Captioner] 22:15:44
THE SAME REASONS THAT WE 

[Captioner] 22:15:45
DISCUSSED PREVIOUSLY AND WITH 

[Captioner] 22:15:50
THE SAME ANGST AND UNDERSTANDING 

[Captioner] 22:15:51
OF THE IMPORTANCE OF, YOU KNOW, 

[Captioner] 22:15:53
THE ANSWER TO THE QUESTION, SO 

[Captioner] 22:15:53
YES.

[Captioner] 22:15:59
>> Mayor Mei:   THANK YOU.

[Captioner] 22:16:03
SEEING NO OTHER QUESTIONS FOR 

[Captioner] 22:16:06
THAT, I'D LIKE TO OPEN THE 

[Captioner] 22:16:09
PUBLIC COMMENT.

[Captioner] 22:16:10
AND OPEN PUBLIC HEARING FOR THIS 

[Captioner] 22:16:11
ITEM.

[Captioner] 22:16:12
>> The Clerk:   WE HAVE TWO 

[Captioner] 22:16:13
SPEAKERS.

[Captioner] 22:16:16
LISA DANS FOLLOWED BY KELLY 

[Captioner] 22:16:17
ABREW.

[Captioner] 22:16:19
>> Mayor Mei:   THANK YOU.

[Captioner] 22:16:29
>> HELLO AGAIN.

[Captioner] 22:16:32
I'M LISA DANS AND I'M HERE TO 

[Captioner] 22:16:35
ASK YOU TO SUPPORT STAFF 

[Captioner] 22:16:36
RECOMMENDATION DENY THIS APPEAL 

[Captioner] 22:16:38
AND DENY THE REQUEST TO CONTINUE 

[Captioner] 22:16:40
THE ITEM FOR 60 DAYS.

[Captioner] 22:16:41
MY PREVIOUS COMMENTS STILL APPLY 

[Captioner] 22:16:46
SO I'M GOING TO FOX FOCUS ON

[Captioner] 22:16:46
 NEW 

[Captioner] 22:16:47
ITEMS HERE.

[Captioner] 22:16:50
GATEWAY PLAZA, WE NEED WAY MORE 

[Captioner] 22:16:52
HOUSING FOR DOWNTOWN HOUSING, IN 

[Captioner] 22:16:54
ORDER TO TAKE ADVANTAGE OF THE 

[Captioner] 22:16:55
STATION.

[Captioner] 22:16:57
THIS LOCATION ALSO HAS SHORT 

[Captioner] 22:17:01
WALKING DISTANCE TO RETAIL THAT 

[Captioner] 22:17:03
FOLKS NEED FOR DAILY NEEDS.

[Captioner] 22:17:06
IT WILL BE NICE TO WALNUT 

[Captioner] 22:17:09
AFTERNOON, IT WILL PROVIDE SHADE 

[Captioner] 22:17:09
TO RESIDENTS.

[Captioner] 22:17:12
I FIRST TOOK THAT LONG WALK DOWN 

[Captioner] 22:17:15
BART TO FREMONT BOULEVARD I HAVE 

[Captioner] 22:17:18
A WHAT HAVE I DONE MOMENT, AS I 

[Captioner] 22:17:20
REALIZED THAT SUNSET CONCRETE 

[Captioner] 22:17:23
JUNGLE WAS BETWEEN BART AND MY 

[Captioner] 22:17:23
HOME.

[Captioner] 22:17:26
AS HOUSING HAS GONE UP ALONG 

[Captioner] 22:17:28
WALNUT THIS PROPOSED PROJECT 

[Captioner] 22:17:29
WILL CONTINUE TO MAKE IT 

[Captioner] 22:17:29
BETTER.

[Captioner] 22:17:31
I ALSO WANT TO TALK A LITTLE BIT 

[Captioner] 22:17:33
ABOUT THE HOISTING ELEMENT SITE 

[Captioner] 22:17:36
INVENTORY BECAUSE IT CONTAINS A 

[Captioner] 22:17:38
NUMBER OF SITES SIMILAR TO THESE 

[Captioner] 22:17:40
TWO THAT HAVE HOUSING ABOVE 

[Captioner] 22:17:41
RETAIL AND WHEN I FIRST SAW THAT 

[Captioner] 22:17:43
I WAS WORRIED THAT IT WAS 

[Captioner] 22:17:44
UNREALISTIC.

[Captioner] 22:17:46
SO IT'S VERY EXCITING TO SEE A 

[Captioner] 22:17:47
PROJECT APPLICANT ACTUALLY DOING 

[Captioner] 22:17:48
THAT.

[Captioner] 22:17:49
IT MAKES ME THINK THAT WE 

[Captioner] 22:17:50
ACTUALLY HAVE A SHOT OF BUILDING 

[Captioner] 22:17:53
AS MUCH HOUSING AS WE NEED.

[Captioner] 22:17:54
FINALLY I HEARD THE APPLICANT 

[Captioner] 22:17:56
SAY THAT THE DESIGN REQUIREMENTS 

[Captioner] 22:17:58
FOR AT LEAST THE FREMONT HUB 

[Captioner] 22:17:59
PROJECT WERE PART OF WHAT DROVE 

[Captioner] 22:18:01
UP THEIR COSTS.

[Captioner] 22:18:03
AND, YOU KNOW, THAT ULTIMATELY 

[Captioner] 22:18:04
GETS PASSED DOWN TO RESIDENTS.

[Captioner] 22:18:06
SO I WOULD LIKE TO ASK THE CITY 

[Captioner] 22:18:08
TO TAKE UP THIS ISSUE IN THE 

[Captioner] 22:18:10
FUTURE AND LOOK WHAT CAN BE DONE 

[Captioner] 22:18:12
TO REMOVE THE BARRIERS TO NARLD 

[Captioner] 22:18:13
AFFORDABILITY DOWNTOWN.

[Captioner] 22:18:15
FOR EXAMPLE THE ITEM ABOUT 

[Captioner] 22:18:16
BALCONIES.

[Captioner] 22:18:19
SOME HOUSEHOLDS WON'T USE THE 

[Captioner] 22:18:22
UNIT WITHOUT A BALCONY AND SOME 

[Captioner] 22:18:24
WOULDN'T USE THE BALCONY AND 

[Captioner] 22:18:25
WOULD RATHER PAY HIGHER ROANT 

[Captioner] 22:18:27
FOR IT.

[Captioner] 22:18:29
PLEASE TAKE A LOOK AT THAT IN 

[Captioner] 22:18:30
THE FUTURE.

[Captioner] 22:18:32
>> Mayor Mei:   NEXT SPEAKER, 

[Captioner] 22:18:32
WELCOME KELLY.

[Captioner] 22:18:35
>> SO I SUPPORT THE PROJECT, AND 

[Captioner] 22:18:38
OPPOSE THE APPEAL.

[Captioner] 22:18:41
THE -- WHEN IT COMES TO THE 

[Captioner] 22:18:45
SENSITIVE RECEPTORS AND THE 

[Captioner] 22:18:46
KAISER HOSPITAL, I'M THINKING 

[Captioner] 22:18:47
KAISER SEEMS LIKE THEY HAVE A 

[Captioner] 22:18:49
LOT OF BUILDINGS OVER THERE AND 

[Captioner] 22:18:50
THEY'RE NOT VERY -- THEY'RE NOT 

[Captioner] 22:18:51
TOO TALL.

[Captioner] 22:18:54
AND THEY'RE NOT TOO NEW EITHER.

[Captioner] 22:18:55
ONE OF THEM IS KIND OF NEWER BUT 

[Captioner] 22:18:58
THE REST OF THEM ARE KIND OF NOT 

[Captioner] 22:19:00
VERY NEW SO IF THEY EVER WANT 

[Captioner] 22:19:02
TO, YOU KNOW, RENOVATE OR EXPAND 

[Captioner] 22:19:04
OR INTENSIFY THEY'RE DOING THAT 

[Captioner] 22:19:08
IN SAN JOSE BY THE WAY, IN SO IT 

[Captioner] 22:19:11
SAN JOSE NEAR IBM THEY WERE 

[Captioner] 22:19:12
BUILDING A WHOLE NEW HOSPITAL 

[Captioner] 22:19:13
OVER THERE.

[Captioner] 22:19:15
SO IF THEY EVER WANT TO DO 

[Captioner] 22:19:16
ANYTHING OVER HERE I'D LIKE TO 

[Captioner] 22:19:18
SEE THEM BE ABLE TO DO THAT 

[Captioner] 22:19:20
WITHOUT HAVING TO SHUT DOWN THE 

[Captioner] 22:19:21
WHOLE PLACE FOR THE CONSTRUCTION 

[Captioner] 22:19:22
NOISE.

[Captioner] 22:19:23
YOU KNOW, JUST DO ONE AT A TIME 

[Captioner] 22:19:27
AND IT'S OKAY TO IMPROVE 

[Captioner] 22:19:29
HOSPITALS.

[Captioner] 22:19:33
AND THEN ALL THIS MAN AT 

[Captioner] 22:19:35
ANIZATION OF DOWNTOWN FREMONT, 

[Captioner] 22:19:39
I'M STARTING TO SEE

[Captioner] 22:19:43
SEE-MANHATTANIZATION OF DOWNTOWN 

[Captioner] 22:19:44
FREMONT, THERE ARE PEOPLE IN THE 

[Captioner] 22:19:46
EVENING WALKING THEIR DOGS AND 

[Captioner] 22:19:49
THEIR CHILDREN DOWN THE SIDEWALK 

[Captioner] 22:19:50
HERE.

[Captioner] 22:19:52
AND BEFORE THE SIDEWALKS USED TO 

[Captioner] 22:19:54
BE EMPTY SO THAT'S GOOD.

[Captioner] 22:19:55
AND OF COURSE THERE IS OTHER BAD 

[Captioner] 22:19:57
THINGS ON THE SIDEWALK BUT, YOU 

[Captioner] 22:20:00
KNOW, IT USED TO BE YOU SAW NO 

[Captioner] 22:20:02
PEOPLE NO RESIDENTS NOTICE DOGS 

[Captioner] 22:20:04
NO CHILDREN SO THAT'S GOOD.

[Captioner] 22:20:07
THANKS.

[Captioner] 22:20:09
>> Mayor Mei:   THANK YOU.

[Captioner] 22:20:10
AT THIS TIME I'M GOING TO CLOSE 

[Captioner] 22:20:11
THE PUBLIC HEARING FOR THIS 

[Captioner] 22:20:11
ITEM.

[Captioner] 22:20:15
AND THE APPELLANT HAS FIVE 

[Captioner] 22:20:16
MINUTES FOR REBUTTAL.

[Captioner] 22:20:25
>> THANK YOU.

[Captioner] 22:20:27
EAST BAY RESIDENTS APPEAL 

[Captioner] 22:20:29
PROPONENTED SUBSTANTIAL EVIDENCE 

[Captioner] 22:20:30
THAT THE PROJECT HAS SIGNIFICANT 

[Captioner] 22:20:32
AIR QUALITY HEALTH RISK AND 

[Captioner] 22:20:35
NOISE IMPACTS WHICH ARE PECULIAR 

[Captioner] 22:20:37
TO THE PROJECT MORE THAN 

[Captioner] 22:20:39
PREVIOUSLY ANALYZED AND WHICH 

[Captioner] 22:20:40
REPRESENT UNUSUAL CIRCUMSTANCES 

[Captioner] 22:20:42
AND WHICH WERE NOT FULLY 

[Captioner] 22:20:45
MITIGATED BY THE CITY'S EXISTING 

[Captioner] 22:20:47
MITIGATION MEASURES OR STANDARD 

[Captioner] 22:20:47
DEVELOPMENT REQUIREMENTS.

[Captioner] 22:20:49
I WANT TO CLARIFY THE NOISE 

[Captioner] 22:20:51
ISSUE A LITTLE BIT FURTHER.

[Captioner] 22:20:52
OUR EXPERT FOUND THAT EVEN WITH 

[Captioner] 22:20:54
THE REQUIREMENT THAT 

[Captioner] 22:20:55
CONSTRUCTION ACTIVITIES ONLY 

[Captioner] 22:20:57
OCCURRED DURING PERMITTED HOURS 

[Captioner] 22:20:59
THE INCREASE IN NOISE ABOVE THE 

[Captioner] 22:21:01
EXISTING BASELINE RESULTS IN A 

[Captioner] 22:21:02
SIGNIFICANT IMPACT.

[Captioner] 22:21:03
THE CONSTRUCTION NOISE 

[Captioner] 22:21:04
CALCULATED FOR ACTIVITIES AT THE 

[Captioner] 22:21:08
CENTER OF THE PROJECT SITE WOULD 

[Captioner] 22:21:09
BE HIGHER THAN THE BASELINE AND 

[Captioner] 22:21:12
RESULT IN A SIGNIFICANT IMPACT.

[Captioner] 22:21:14
BUT UTILIZING AN ACCURATE 

[Captioner] 22:21:15
SHORTER DISTANCE TO THE EDGE OF 

[Captioner] 22:21:16
THE PROJECT SITE AND CLOSER TO 

[Captioner] 22:21:18
THE HOSPITAL AND SENSITIVE 

[Captioner] 22:21:20
RECEPTORS THE CONSTRUCTION NOISE 

[Captioner] 22:21:22
WOULD BE AT LEAST TEN TO 23 

[Captioner] 22:21:23
 

[Captioner] 22:21:24
DECIBELS HIGHER THAN THE 

[Captioner] 22:21:26
BASELINE NOISE ENVIRONMENT.

[Captioner] 22:21:28
THIS INCREASE ABOVE THE BASELINE 

[Captioner] 22:21:30
NOISE RESULTS IN A SIGNIFICANT 

[Captioner] 22:21:32
ENVIRONMENTAL IMPACT REQUIRING 

[Captioner] 22:21:33
ADDITIONAL ENVIRONMENTAL REVIEW 

[Captioner] 22:21:35
AND A SUBSEQUENT EIR.

[Captioner] 22:21:36
TO THE POINT ABOUT THE HOUSING 

[Captioner] 22:21:37
ACCOUNTABILITY ACT.

[Captioner] 22:21:41
THE HOUSING ACCOUNTABILITY ACT

[Captioner] 22:21:41
 

[Captioner] 22:21:42
SPECIFICALLY CARVES IDENTITY 

[Captioner] 22:21:44
CEQA ENVIRONMENTAL REVIEW AND 

[Captioner] 22:21:45
SPECIFICALLY STATES THAT NOTHING 

[Captioner] 22:21:46
IN THE MOUSING ACCOUNTABILITY 

[Captioner] 22:21:49
ACT -- HOUSING ACCOUNTABILITY 

[Captioner] 22:21:51
ACT SHOULD BE CONSTRUED TO 

[Captioner] 22:21:53
SUPERSEDE CEQA AND AGENCIES HAVE 

[Captioner] 22:21:56
THE ABILITY TO UNDERGO CEQA 

[Captioner] 22:21:58
ENVIRONMENTAL REVIEW TO THE 

[Captioner] 22:21:59
FULLEST EXTENT PRIOR TO 

[Captioner] 22:22:03
APPROVING HOUSING PROJECTS.

[Captioner] 22:22:04
SO EAST BAY RESIDENTS 

[Captioner] 22:22:05
RESPECTFULLY REQUEST THAT THE 

[Captioner] 22:22:07
CITY COUNCIL REMAND THE PROJECT 

[Captioner] 22:22:09
TO STAFF, TO PREPARE A PROJECT 

[Captioner] 22:22:10
LEVEL ENVIRONMENTAL IMPACT 

[Captioner] 22:22:12
REPORT TO FULLY DISCLOSE AND 

[Captioner] 22:22:14
MITIGATE THE PROJECT'S AIR 

[Captioner] 22:22:15
QUALITY AND NOISE IMPACTS BEFORE 

[Captioner] 22:22:17
THE PROJECT CAN PROCEED.

[Captioner] 22:22:18
WE FURTHER REQUEST A 60 DAY 

[Captioner] 22:22:20
CONTINUANCE ON THIS ITEM.

[Captioner] 22:22:20
THANK YOU.

[Captioner] 22:22:23
>> Mayor Mei:   THANK YOU.

[Captioner] 22:22:24
AT THIS TIME CLARIFYING 

[Captioner] 22:22:25
QUESTIONS.

[Captioner] 22:22:25
COUNCILMEMBER CAMPBELL DID YOU 

[Captioner] 22:22:30
HAVE SOME?

[Captioner] 22:22:30
>> Councilmember Campbell:   

[Captioner] 22:22:32
WELL ACTUALLY IT WAS ABOUT THE 

[Captioner] 22:22:33
THOIZ, I GUESS.

[Captioner] 22:22:34
I WAS JUST THINKING ABOUT 

[Captioner] 22:22:36
WASHINGTON HOSPITAL.

[Captioner] 22:22:38
REMEMBER WHEN THEY BOILT THAT 

[Captioner] 22:22:39
NEW BUILDING --

[Captioner] 22:22:40
>> Mayor Mei:   YES.

[Captioner] 22:22:41
PARKING GARAGE.

[Captioner] 22:22:45
AND AS WELL AS THE

[Captioner] 22:22:48
 MORRIS HYMAN 

[Captioner] 22:22:51
CRITICAL CARE CENTER.

[Captioner] 22:22:51
>> Councilmember Campbell:   DID 

[Captioner] 22:22:53
WE HAVE SIMILAR CONCERNS AROUND 

[Captioner] 22:22:56
THAT HOSPITAL?

[Captioner] 22:22:59
THAT WE'RE MAYBE HEARING NOW?

[Captioner] 22:23:00
>> Mayor Mei:   I WAS THERE FOR 

[Captioner] 22:23:02
THE GROUNDBREAKING, THE 

[Captioner] 22:23:04
TRENCHING, THE DIGGING, THE 

[Captioner] 22:23:05
OTHER THINGS AT THAT TIME, I 

[Captioner] 22:23:07
WON'T TO GO SEE THE SITES.

[Captioner] 22:23:08
AND I DON'T REMEMBER GETTING 

[Captioner] 22:23:10
COMPLAINTS ON THAT AT THAT 

[Captioner] 22:23:10
TIME.

[Captioner] 22:23:12
BUT I CAN'T SPEAK FOR EVERYONE 

[Captioner] 22:23:12
ELSE.

[Captioner] 22:23:23
JUST BE AN EXAMPLE --

[Captioner] 22:23:24
>> Mayor Mei:   CAN ANSWER THAT 

[Captioner] 22:23:26
QUESTION, I DON'T KNOW IF YOU 

[Captioner] 22:23:27
CAN KNOW.

[Captioner] 22:23:28
>> Planner Pullen:   I CAN HELP 

[Captioner] 22:23:29
A LITTLE BIT.

[Captioner] 22:23:31
WASHINGTON HOSPITAL AS A SPECIAL 

[Captioner] 22:23:33
DISTRICT PROVIDED THEIR OWN 

[Captioner] 22:23:35
ENVIRONMENTAL CLEARANCE FOR THAT 

[Captioner] 22:23:37
PROJECT, WAS NOT SUBJECT TO 

[Captioner] 22:23:39
REVIEW, AND THEY DID HANDLE THE 

[Captioner] 22:23:40
NOISE AS PART OF THE 

[Captioner] 22:23:40
ENVIRONMENTAL REVIEW.

[Captioner] 22:23:42
I DON'T HAVE THE SPECIFICS OF 

[Captioner] 22:23:43
IT.

[Captioner] 22:23:43
>> Councilmember Campbell:   IT 

[Captioner] 22:23:45
IS JUST AN EXAMPLE OF A 

[Captioner] 22:23:46
SUCCESSFUL PROJECT BUILT AT A 

[Captioner] 22:23:51
HOSPITAL THAT DIDN'T CREATE

[Captioner] 22:23:52
 AN 

[Captioner] 22:23:54
ADDITIONAL IMPACT OR REQUIRED 

[Captioner] 22:23:56
ADDITIONAL CITY MITIGATION OF 

[Captioner] 22:23:57
ANY SORT.

[Captioner] 22:24:00
I'M JUST TRYING TO DRAW A 

[Captioner] 22:24:01
COMPARISON WITH WHAT WE'RE 

[Captioner] 22:24:05
LOOKING AT FOR KAISER AND 

[Captioner] 22:24:05
WASHINGTON HOSPITAL.

[Captioner] 22:24:11
>> Planner Pullen:   YES, WE 

[Captioner] 22:24:13
DIDN'T NOTICE ANY CONCERNS FROM 

[Captioner] 22:24:15
THAT.

[Captioner] 22:24:18
AND YES, STAFF'S RESPONSE IS 

[Captioner] 22:24:19
JUST SORT OF THE PROCESS DIDN'T 

[Captioner] 22:24:21
GO THROUGH US SO WE WOULDN'T 

[Captioner] 22:24:22
HAVE THAT KNOWLEDGE.

[Captioner] 22:24:25
>> Mayor Mei:   SO THERE WASN'T 

[Captioner] 22:24:27
AN APPEAL FOR THAT FOR 

[Captioner] 22:24:27
ANYTHING.

[Captioner] 22:24:29
SO I HAVE A FOLLOW-ON QUESTION 

[Captioner] 22:24:31
TO THAT FROM COUNCILMEMBER 

[Captioner] 22:24:32
CAMPBELL.

[Captioner] 22:24:33
DO YOU KNOW IF ANY OF YOUR 

[Captioner] 22:24:36
MEMBERS WERE THE ONES WHO PUT 

[Captioner] 22:24:37
THESE PROJECTS BY CHANCE FOR 

[Captioner] 22:24:39
WASHINGTON HOSPITAL?

[Captioner] 22:24:42
>> I'M NOT SURE OFF THE TOP OF 

[Captioner] 22:24:44
MY HEAD IF ANY OF OUR CLIENT 

[Captioner] 22:24:46
MEMBERS WERE THE BUILDERS ON 

[Captioner] 22:24:50
THOSE PROJECTS.

[Captioner] 22:24:55
>> Mayor Mei:   COMMENTS?

[Captioner] 22:24:57
VICE MAYOR SHAO.

[Captioner] 22:24:57
>> Vice Mayor Shao:   THANK YOU, 

[Captioner] 22:24:58
MADAM MAYOR.

[Captioner] 22:25:00
I JUST HAVE SOME COMMENTS.

[Captioner] 22:25:02
LIKEWISE, THIS PROJECT IS ALSO 

[Captioner] 22:25:04
IN DISTRICT 4.

[Captioner] 22:25:06
WHERE I REPRESENT.

[Captioner] 22:25:09
THE ONLY DIFFERENCE IS THAT IT'S 

[Captioner] 22:25:12
CLOSE TO A HOSPITAL.

[Captioner] 22:25:15
AND ALSO, ACROSS THE STREET FROM 

[Captioner] 22:25:17
ANOTHER HOSPITAL.

[Captioner] 22:25:20
AND THE APPELLANT PAINT OWED A 

[Captioner] 22:25:22
HORRIBLE PICTURE FOR EVERY ONE 

[Captioner] 22:25:26
OF US, IMAGINE IF YOU ARE AN IN

[Captioner] 22:25:30
INPATIENT, LYING HELPLESSLY AND 

[Captioner] 22:25:34
HOPELESSLY ON THE BODE, 

[Captioner] 22:25:35
HOPEFULLY RECOVERING THERE A 

[Captioner] 22:25:39
DISEASE, AND -- FROM A DISEASE 

[Captioner] 22:25:42
AND SUDDENLY THE EVER ENDING 

[Captioner] 22:25:44
CONSTRUCTION NOISE, VIBRATION, 

[Captioner] 22:25:48
AIR POLLUTION, WOULD MAKE NOT

[Captioner] 22:25:48
 

[Captioner] 22:25:51
ONLY THE RECOVERY PROCESS EVEN 

[Captioner] 22:25:55
LONGER, MAYBE IT WOULD

[Captioner] 22:25:58
 TERMINATE 

[Captioner] 22:26:02
THE HOSPITAL STAY AND THE 

[Captioner] 22:26:03
PATIENT'S LIFE.

[Captioner] 22:26:04
BECAUSE OF THAT.

[Captioner] 22:26:10
SO TO AN UNTRAINED EAR,

[Captioner] 22:26:12
 IT 

[Captioner] 22:26:14
SOUNDS HORRIBLE TO EVEN HAVE ANY 

[Captioner] 22:26:15
CONSTRUCTION ON A HOSPITAL 

[Captioner] 22:26:15
SITE.

[Captioner] 22:26:18
BUT WAIT.

[Captioner] 22:26:21
IF YOU LOOK AT THE WASHINGTON 

[Captioner] 22:26:24
HOSPITAL WEBSITE, THEY LISTED 

[Captioner] 22:26:28
ALL THE CONSTRUCTIONS, EVER

[Captioner] 22:26:30
 

[Captioner] 22:26:33
SINCE EARLY THIS CENTURY, UP TO 

[Captioner] 22:26:36
TODAY, AS PART OF THEIR FACILITY 

[Captioner] 22:26:37
MASTER PLAN.

[Captioner] 22:26:39
FOR EXAMPLE.

[Captioner] 22:26:43
IN 2011, THEY NOT ONLY FINISHED 

[Captioner] 22:26:47
THE CENTRAL POWER PLANT, THEY 

[Captioner] 22:26:51
ALSO OPENED THEIR JOINT CENTER 

[Captioner] 22:26:55
FOR RESTORATION AND RESEARCH.

[Captioner] 22:26:59
IN IT'D IN 2018 THEY OPENED THE 

[Captioner] 22:27:04
MORRIS HIGHLAND PAVILION.

[Captioner] 22:27:06
I WOULD THINK A PAVILION WOULD 

[Captioner] 22:27:08
BE A PAVILION IN THE CENTRAL 

[Captioner] 22:27:08
PART.

[Captioner] 22:27:11
NO, IT IS A MODERNIZED BUILDING 

[Captioner] 22:27:15
WITH THREE FLOORS, I HAD A TOUR 

[Captioner] 22:27:17
IN THE BOULEVARD, WAS VERY 

[Captioner] 22:27:19
SURPRISED THAT NOT ONLY PROVIDED 

[Captioner] 22:27:21
ROOM FOR MUCH NEEDED SPACE FOR A 

[Captioner] 22:27:24
LOT OF OVERCROWDED DEPARTMENTS, 

[Captioner] 22:27:29
IT ALSO PROVIDES OVER 100 BEDS.

[Captioner] 22:27:32
LET ALONE A SEVEN STORY PARKING 

[Captioner] 22:27:34
STRUCTURE RIGHT NEXT TO THE 

[Captioner] 22:27:35
PAVILION.

[Captioner] 22:27:38
AND THEY ARE STILL CONSIDERING 

[Captioner] 22:27:43
PHASE 3, WHICH WOULD FURTHER 

[Captioner] 22:27:45
EXPAND THEIR FACILITY.

[Captioner] 22:27:48
SO TO SEIZE THAT, YOU KNOW, 

[Captioner] 22:27:50
PIECE BY ABOUT PIECE, THEY 

[Captioner] 22:27:52
RENOVATE AND EXPAND THEIR 

[Captioner] 22:27:57
FACILITY, AND SURE, THAT PROOFS 

[Captioner] 22:27:58
 

[Captioner] 22:28:02
BROOIVES APPROVES THAT A PROMPT

[Captioner] 22:28:04
 PROBLEMS 

[Captioner] 22:28:06
OF THAT A PROMPT OFTEN THE 

[Captioner] 22:28:08
CAMPUS IS NOT ONLY POSSIBLE OR 

[Captioner] 22:28:11
FEASIBLE IT HAS BEEN DONE .

[Captioner] 22:28:13
SO IN THIS CASE I DON'T SEIZE 

[Captioner] 22:28:16
ANY OBJECTION FROM EITHER THE 

[Captioner] 22:28:20
WASHINGTON HOSPITAL OR KAISER

[Captioner] 22:28:20
 

[Captioner] 22:28:25
PERMANENTE AND I ALSO LIKEWISE

[Captioner] 22:28:26
 

[Captioner] 22:28:30
SAW THE -- ENOUGH EVIDENCE FROM 

[Captioner] 22:28:33
THE STAFF TO SHOW THEIR CLAIM 

[Captioner] 22:28:36
THAT IT'S EXEMPT FROM CEQA, 

[Captioner] 22:28:40
BASED ON THE GENERAL PLAN EIR 

[Captioner] 22:28:41
STUDY.

[Captioner] 22:28:47
I BELIEVE THAT THIS APPEAL HAS

[Captioner] 22:28:47
 

[Captioner] 22:28:50
NO MERIT AND THE REIMBURSEMENT 

[Captioner] 22:28:52
AGREEMENT IS NOT AN ISSUE IN 

[Captioner] 22:28:55
THIS APPEAL.

[Captioner] 22:28:57
AS CLARIFIED BY OUR CITY 

[Captioner] 22:28:57
ATTORNEY.

[Captioner] 22:29:02
THEREFORE, AS

[Captioner] 22:29:03
 SUPPORTER FOR MORE 

[Captioner] 22:29:06
HOUSING SUPPLIES IN THE CITY OF 

[Captioner] 22:29:09
FREMONT, ESPECIALLY IN THAT 

[Captioner] 22:29:11
LOCATION WHERE IT'S RIGHT NEXT 

[Captioner] 22:29:14
TO BART, AND NEEDLESS TO SAY 

[Captioner] 22:29:18
IT'S ALSO IN MY DISTRICT, I WANT

[Captioner] 22:29:18
 

[Captioner] 22:29:20
TO ONCE AGAIN EXPRESS MY SUPPORT 

[Captioner] 22:29:25
TO THIS PROJECT, AND I WOE LIKE

[Captioner] 22:29:26
 

[Captioner] 22:29:27
TO RESERVE MY RIGHT TO MAKE A 

[Captioner] 22:29:31
MOTION LATER ON AFTER HEARING MY 

[Captioner] 22:29:32
COLLEAGUES' COMMENTS.

[Captioner] 22:29:33
>> Mayor Mei:   THANK YOU.

[Captioner] 22:29:35
BECAUSE WE ALSO HAVE TO HEAR 

[Captioner] 22:29:37
BACK FROM THE APPLICANT TOO.

[Captioner] 22:29:39
BUT CLARIFYING QUESTIONS OR 

[Captioner] 22:29:40
COMMENTS.

[Captioner] 22:29:40
COUNCILMEMBER COX.

[Captioner] 22:29:42
>> Councilmember Cox:   THANK 

[Captioner] 22:29:43
YOU.

[Captioner] 22:29:45
I WANTED TO GO BACK TO YOUR 

[Captioner] 22:29:48
COMMENTS ON, YOU WERE MENTIONING 

[Captioner] 22:29:49
ABOUT CANCER RISK.

[Captioner] 22:29:51
AND WHAT KIND OF CANCER WERE YOU 

[Captioner] 22:29:53
REFERRING TO?

[Captioner] 22:29:54
IN YOUR REPORT?

[Captioner] 22:29:57
THERE YOUR EXPERT?

[Captioner] 22:30:00
>> SO OUR EXPERTS CONDUCTED A 

[Captioner] 22:30:02
COMPUTER MODEL OF THE EMISSIONS 

[Captioner] 22:30:04
PROJECTED FROM THE PROJECT SITE 

[Captioner] 22:30:07
AND THE PROXIMITY TO SENSITIVE 

[Captioner] 22:30:10
RECEPTORS AND IDENTIFIED AN 

[Captioner] 22:30:13
ESTIMATED CANCER RISK ASSOCIATED 

[Captioner] 22:30:15
WITH THE CONSTRUCTION PHASE, 

[Captioner] 22:30:18
OPERATION PHASE AND LIFETIME OF 

[Captioner] 22:30:20
THE PROJECT.

[Captioner] 22:30:22
I'M NOT SURE SPECIFICALLY WHAT 

[Captioner] 22:30:24
CANCER THAT GOES TO.

[Captioner] 22:30:27
IT'S A HEALTH RISK MODEL THAT 

[Captioner] 22:30:30
MODELS AIR POLLUTION WHICH CAN 

[Captioner] 22:30:32
CAUSE RESPIRATORY PROBLEMS, 

[Captioner] 22:30:34
CANCER AND THESE OTHER TYPES OF 

[Captioner] 22:30:37
HEALTH RISKS ON SENSITIVE 

[Captioner] 22:30:39
RECEPTORS IN THE VICINITY.

[Captioner] 22:30:40
>> Councilmember Cox:   OKAY.

[Captioner] 22:30:42
WITH THAT INFORMATION, THERE WAS 

[Captioner] 22:30:44
ALSO I THINK YOU MENTIONED 

[Captioner] 22:30:45
SOMETHING ABOUT THERE IS NOISE 

[Captioner] 22:30:49
LEVEL TAKEN FROM THE KAISER SIDE 

[Captioner] 22:30:51
TO WHERE THE NEW SITE WOULD BE.

[Captioner] 22:30:53
AND THAT WOULD BE THE CLOSEST 

[Captioner] 22:30:55
HOSPITAL BECAUSE IT'S 415 FEET I 

[Captioner] 22:30:57
THINK YOU SAID AWAY.

[Captioner] 22:31:00
AND THERE WAS MORE OF A 

[Captioner] 22:31:02
SUBSTANTIAL FINDING FOR NOISE AT 

[Captioner] 22:31:03
THAT LOCATION.

[Captioner] 22:31:05
ESPECIALLY AT THAT CORNER SPOT, 

[Captioner] 22:31:06
I WOULD IMAGINE.

[Captioner] 22:31:07
>> THAT'S CORRECT, YES.

[Captioner] 22:31:10
SO OUR NOISE EXPERT REVIEWED THE 

[Captioner] 22:31:12
CITY'S NOISE REPORT WHICH 

[Captioner] 22:31:13
ANALYZED THE NOISE FROM THE 

[Captioner] 22:31:16
CENTER OF THE PROJECT SITE, 

[Captioner] 22:31:17
WHEREAS SOME OF THE CONSTRUCTION 

[Captioner] 22:31:19
WILL GO UP RIGHT TO THE EDGE OF 

[Captioner] 22:31:20
THE SITE.

[Captioner] 22:31:22
AS IT'S GOING TO BE A FULLY 

[Captioner] 22:31:24
DEVELOPED SITE.

[Captioner] 22:31:27
SO THE NOISE IMPACTS WOULD BE 

[Captioner] 22:31:29
HIGHER AS THEY WILL BE CLOSER TO 

[Captioner] 22:31:32
THE NOISE SENSITIVE RECEPTORS.

[Captioner] 22:31:34
SO THAT ANALYSIS WHERE IT'S THE 

[Captioner] 22:31:37
CENTER OF THE PROJECT SITE WAS A 

[Captioner] 22:31:39
THESE RECEIPT CAL ANALYSIS BUT 

[Captioner] 22:31:40
DOESN'T ACCOUNT FOR THE ACTUAL 

[Captioner] 22:31:41
CONSTRUCTION ON THE SITE WHICH 

[Captioner] 22:31:44
WILL GO UP CLOSER TO SENSITIVE 

[Captioner] 22:31:45
RECEPTORS.

[Captioner] 22:31:46
>> Councilmember Cox:   OKAY.

[Captioner] 22:31:50
WITH THAT, I NOTICE THAT AT THIS 

[Captioner] 22:31:52
PROJECT IT MENTIONED ABOUT 

[Captioner] 22:31:54
DEMOLITION WHICH MENTIONS 

[Captioner] 22:31:56
EXPLOSION AND BASICALLY YOU'RE 

[Captioner] 22:31:59
GOING TO BE USING DYNAMITE TO BE 

[Captioner] 22:32:00
BLOWING UP PART OF THE PROJECT.

[Captioner] 22:32:02
IS THAT SOMETHING THAT YOU ARE 

[Captioner] 22:32:04
MEASURING AS WELL AS PART OF THE 

[Captioner] 22:32:06
NOISE AND THE HEALTH RISKS 

[Captioner] 22:32:07
IMPACT?

[Captioner] 22:32:11
>> YES, SO OUR EXPERT LOOKED AT 

[Captioner] 22:32:16
THE -- I THINK IT'S CALLED

[Captioner] 22:32:20
 RAM 

[Captioner] 22:32:24
HORAM DURING DEMOLITION WHICH 

[Captioner] 22:32:25
WILL RESULT IN SIGNIFICANT NOISE 

[Captioner] 22:32:30
AND VIBRATION IMPACTS SUBTLE OF 

[Captioner] 22:32:32
THAT RAM GOING INTO THE EARTH.

[Captioner] 22:32:32
>> Councilmember Campbell:   

[Captioner] 22:32:35
OKAY, BECAUSE DEMOLITION COULD 

[Captioner] 22:32:36
LAST FOR JUST A FEW MINUTES BUT 

[Captioner] 22:32:38
THE CLEANUP IS A LOT MORE OF THE 

[Captioner] 22:32:39
MOVING THINGS OUT.

[Captioner] 22:32:42
AND TAKING OUT AND REMOVING WITH 

[Captioner] 22:32:43
CONSTRUCTION TRUCKS AND THINGS 

[Captioner] 22:32:44
LIKE THAT.

[Captioner] 22:32:45
>> RIGHT.

[Captioner] 22:32:48
AND THEY -- OUR EXPERT ANALYZED 

[Captioner] 22:32:50
THE PEAK NOISE, MOST SIGNIFICANT 

[Captioner] 22:32:52
IMPACT ASSOCIATED WITH THAT 

[Captioner] 22:32:53
DEMOLITION.

[Captioner] 22:32:55
AND DEMONSTRATED SIGNIFICANT 

[Captioner] 22:32:55
ENVIRONMENTAL IMPACT.

[Captioner] 22:32:58
>> Councilmember Cox:   OKAY.

[Captioner] 22:33:00
AND WAS THERE ANY OTHER STUDIES 

[Captioner] 22:33:04
TO REFER TO IN YOUR RESEARCH

[Captioner] 22:33:04
 IN 

[Captioner] 22:33:05
THE HEALTH IMPACTS BESIDES THE 

[Captioner] 22:33:09
TWO THAT WE HAVE TWO CASES 

[Captioner] 22:33:09
HERE?

[Captioner] 22:33:13
>> SO OUR CONSULTANTS LOOKED AT 

[Captioner] 22:33:16
THE EVIDENCE PRESENTED IN THE 

[Captioner] 22:33:18
CITY'S REPORTS IN THE GENERAL 

[Captioner] 22:33:23
PLAN EIR, AND THE CITY CENTER

[Captioner] 22:33:23
 

[Captioner] 22:33:28
PLAN TO UNDERSTAND THE NOISE 

[Captioner] 22:33:30
ENVIRONMENT AND UNDERSTAND THE 

[Captioner] 22:33:33
BASELINE ENVIRONMENT AND WERE 

[Captioner] 22:33:36
ABLE TO ANALYZE THE INCREASE IN 

[Captioner] 22:33:38
NOISE ABOVE THE BASELINE WOULD 

[Captioner] 22:33:40
RESULT IN A SIGNIFICANT IMPACT 

[Captioner] 22:33:42
UTILIZING THE CITY'S OWN 

[Captioner] 22:33:47
BASELINE AND NOISE STANDARDS.

[Captioner] 22:33:49
>> OKAY, SO THERE WAS NO OTHER 

[Captioner] 22:33:52
NEW SOURCES OF INFORMATION THAT 

[Captioner] 22:33:54
YOU'RE REFERRING TO AT ALL.

[Captioner] 22:33:56
SO WHAT YOU HAVE --

[Captioner] 22:33:59
>> OUR CONSULTANTS CREATED NOISE 

[Captioner] 22:34:00
MODELS FOR THE TYPES OF 

[Captioner] 22:34:01
CONSTRUCTION EQUIPMENT THAT WE 

[Captioner] 22:34:03
KNOW IS GOING TO BE ON SITE WITH 

[Captioner] 22:34:05
HOW LOUD WE KNOW IT'S GOING TO 

[Captioner] 22:34:07
BE, WITH HOW CLOSE WE KNOW IT'S 

[Captioner] 22:34:10
GOING TO BE TO SENSITIVE 

[Captioner] 22:34:11
RECEPTORS AND IDENTIFY THAT 

[Captioner] 22:34:13
SIGNIFICANT IMPACT.

[Captioner] 22:34:13
>> Councilmember Cox:   OKAY, 

[Captioner] 22:34:15
THANK YOU.

[Captioner] 22:34:16
>> Mayor Mei:   THANK YOU.

[Captioner] 22:34:17
COULD YOU TELL ME, I KNOW YOU 

[Captioner] 22:34:20
SAID YOU HAD A NOISE EXPERT IN 

[Captioner] 22:34:21
AIR QUALITY.

[Captioner] 22:34:22
COULD YOU TELL ME THE NAME OF 

[Captioner] 22:34:23
THOSE COMPANIES?

[Captioner] 22:34:27
>> YES, OUR NOISE CONSULTANT IS 

[Captioner] 22:34:31
WILSON ARIG, AND OUR

[Captioner] 22:34:33
 AIR 

[Captioner] 22:34:38
CONSULTANT IS SWAPE, AIR

[Captioner] 22:34:39
 WATER 

[Captioner] 22:34:43
PE, POLLUTION ENTERPRISE I 

[Captioner] 22:34:46
BELIEVE, SWAPE, WE HAVE WORKED 

[Captioner] 22:34:46
 

[Captioner] 22:34:48
WITH THEM ON A NUMBER OF 

[Captioner] 22:34:50
PROJECTS AND HAVE DETERMINED 

[Captioner] 22:34:52
THAT THEIR EXPERTISE IS AT THE 

[Captioner] 22:34:54
HIGHEST LEVEL.

[Captioner] 22:34:54
>> Mayor Mei:   SURE.

[Captioner] 22:34:56
WHEN THEY DO THESE STUDIES THEY 

[Captioner] 22:34:58
USUALLY USE IN THIS CASE THE 

[Captioner] 22:35:00
DATA THAT WE ALREADY HAD AS A 

[Captioner] 22:35:01
CITY IS THAT CORRECT?

[Captioner] 22:35:03
AND THROWS JUST DID A DIFFERENT 

[Captioner] 22:35:04
ANALYSIS?

[Captioner] 22:35:05
>> YES.

[Captioner] 22:35:07
>> Mayor Mei:   HAVE THEY DONE 

[Captioner] 22:35:10
THAT IN ORIENT CITIES WITH OTHER 

[Captioner] 22:35:10
PROJECTS?

[Captioner] 22:35:12
>> WE HAVE USED THESE CONSULTANT 

[Captioner] 22:35:14
WITH OTHER PROJECTS AS WELL.

[Captioner] 22:35:15
>> Mayor Mei:   I NOTICE THAT IT 

[Captioner] 22:35:17
SEEMS TO BE THAT NOISE AND AIR 

[Captioner] 22:35:20
QUALITY SEEMS TO BE A 

[Captioner] 22:35:22
COMMONALITY AMONG SOME OF THE 

[Captioner] 22:35:24
OTHER JURISDICTIONS.ARE THERE A 

[Captioner] 22:35:25
NUMBER OF JURISDICTIONS THAT 

[Captioner] 22:35:27
HAVE HAD THESE ISSUES WHERE 

[Captioner] 22:35:28
YOU'VE HAD THESE TYPES OF 

[Captioner] 22:35:29
APPEALS?

[Captioner] 22:35:30
>> WE ADDRESS ENVIRONMENTAL 

[Captioner] 22:35:34
IMPACTS THAT AFFECT OUR UNION 

[Captioner] 22:35:36
CLIENTS.

[Captioner] 22:35:38
AND THEY WOULD BE THE FIRST IN 

[Captioner] 22:35:39
LINE TO BREATHE IN AIR POLLUTION 

[Captioner] 22:35:41
IMPACTS FROM CONSTRUCTION FOR 

[Captioner] 22:35:43
EXAMPLE.

[Captioner] 22:35:47
WE FREQUENTLY RAISE HAZARDOUS 

[Captioner] 22:35:48
CONTAMINATION IMPACTS IN AS 

[Captioner] 22:35:50
THESE WORKERS WOULD BE EXPOSED 

[Captioner] 22:35:52
TO THOSE AS WELL.

[Captioner] 22:35:54
AND NOISE IMPACTS ARE IMPORTANT 

[Captioner] 22:35:58
FOR WORKERS AND THE SURROUNDING 

[Captioner] 22:36:00
COMMUNITY, AND IT'S AN 

[Captioner] 22:36:02
ENVIRONMENTAL IMPACT UNDER CEQA 

[Captioner] 22:36:03
AND AS MEMBERS OF THE PUBLIC WE 

[Captioner] 22:36:05
HAVE AN INTEREST THIS RAISING 

[Captioner] 22:36:07
THESE ISSUES WHEN WE SEE THAT 

[Captioner] 22:36:08
THEY ARE SIGNIFICANT.

[Captioner] 22:36:09
>> Mayor Mei:   SURE.

[Captioner] 22:36:11
OF THE CASES THAT YOU'VE RAISED 

[Captioner] 22:36:13
LET'S SAY THE LAST TEN OR 15, 

[Captioner] 22:36:14
AFTER YOU'VE RAISED THEM AFTER 

[Captioner] 22:36:16
THE 60 DAY DELAY OR LONGER, HOW 

[Captioner] 22:36:18
MANY OF THEM PROCEED OR THEN 

[Captioner] 22:36:20
HAVE THEY IMPLEMENTED THE 

[Captioner] 22:36:23
CHANGES THAT YOU'VE MENTIONED 

[Captioner] 22:36:24
WERE ENCLOSED SO THOSE COULD 

[Captioner] 22:36:26
ADDRESS THOSE AIR QUALITY AND 

[Captioner] 22:36:28
NOISE ISSUES?

[Captioner] 22:36:32
>> SO WE ALWAYS HOPE THAT THE 

[Captioner] 22:36:34
MITIGATION TO REDUCE 

[Captioner] 22:36:35
ENVIRONMENTAL IMPACTS TO LESS 

[Captioner] 22:36:37
THAN SIGNIFICANT IS 

[Captioner] 22:36:37
IMPLEMENTED.

[Captioner] 22:36:40
AND WE'RE HAPPY TO WORK WITH THE 

[Captioner] 22:36:43
CITY AND THE APPLICANTS TO MOVE 

[Captioner] 22:36:45
THOSE GOALS FORWARD FOR 

[Captioner] 22:36:46
EVERYBODY INVOLVED.

[Captioner] 22:36:47
>> Mayor Mei:   DO YOU THINK 

[Captioner] 22:36:49
THAT THEY'RE FOUND IN MORE 

[Captioner] 22:36:51
CITIES THAT -- IN THE BAY AREA 

[Captioner] 22:36:52
THAN OTHERS BECAUSE I SEIZE THAT 

[Captioner] 22:36:55
THERE HAVE BEEN THIS COMMONALITY 

[Captioner] 22:36:56
IN SOME OF THE CASES THAT I'VE 

[Captioner] 22:36:59
SEEN WHEN I WAS DOING AS MUCH 

[Captioner] 22:37:00
RESEARCH ON THIS.

[Captioner] 22:37:02
I KNOW THAT WE HAD THIS I THINK 

[Captioner] 22:37:04
IN SAN FRANCISCO AT THE WEST 

[Captioner] 22:37:06
OAKLAND BART STATION AT BERKELEY 

[Captioner] 22:37:11
AT THE SHATTUCK HOLD HOTEL,

[Captioner] 22:37:12
 AT 

[Captioner] 22:37:15
SAN LORNE DISOAZ AT VILLAGE 

[Captioner] 22:37:18
GREEN IN DUBLIN.

[Captioner] 22:37:19
INSPIRATION DRIVE MEMORY CARE I 

[Captioner] 22:37:20
THINK.

[Captioner] 22:37:21
SO DO YOU THINK THAT THIS IS 

[Captioner] 22:37:22
SOMETHING THAT YOU FIND OFTEN IN 

[Captioner] 22:37:23
YOUR DISCOVERIES WITHIN SOME OF 

[Captioner] 22:37:26
THE CITIES?

[Captioner] 22:37:27
>> YES.

[Captioner] 22:37:29
WE RAISE THESE ISSUES ACROSS THE 

[Captioner] 22:37:30
STATE AS WELL.

[Captioner] 22:37:32
NOT JUST THE BAY AREA.

[Captioner] 22:37:35
WELL EAST BAY RESIDENTS 

[Captioner] 22:37:36
SPECIFICALLY IN THE EAST BAY BUT 

[Captioner] 22:37:40
OUR FIRM, YOU KNOW, REPRESENTS 

[Captioner] 22:37:41
CLIENTS ACROSS THE STATE WHO 

[Captioner] 22:37:43
CARE ABOUT THESE ENVIRONMENTAL 

[Captioner] 22:37:45
ISSUES.

[Captioner] 22:37:46
>> Mayor Mei:   SO AFTER YOU 

[Captioner] 22:37:47
RAISE THESE ISSUES IF THEY 

[Captioner] 22:37:48
PROCEED HAVE THEY IMPLEMENTED 

[Captioner] 22:37:50
ALL THE RESOLUTIONS THAT YOU 

[Captioner] 22:37:51
HAVE ASKED FOR IN TERMS OF TO 

[Captioner] 22:37:53
MAKE SURE THAT YOUR WORKERS ARE 

[Captioner] 22:37:55
SAFER IN TERMS OF, YOU KNOW, 

[Captioner] 22:37:56
YOU'RE TALKING ABOUT THE AIR 

[Captioner] 22:37:57
QUALITY, THE SOUND.

[Captioner] 22:37:59
I KNOW FOR DEMOLITION HERE WE'VE 

[Captioner] 22:38:01
HAD A COUPLE OF INSTANCES IN OUR 

[Captioner] 22:38:03
CITY TOO, THE MOST RECENT ONE 

[Captioner] 22:38:05
THAT I CAN THINK ABOUT THAT WAS 

[Captioner] 22:38:07
PRETTY SIGNIFICANT WAS FREMONT 

[Captioner] 22:38:08
BANK BUT THAT WAS DONE WITH A 

[Captioner] 22:38:11
BIG WRECKING BALL WHICH WAS 

[Captioner] 22:38:12
DIFFERENT THAN THE DYNAMITE, I 

[Captioner] 22:38:14
THINK THERE ARE DIFFERENT WAYS 

[Captioner] 22:38:16
TO DEMOLISH OLD STRUCTURES BUT I 

[Captioner] 22:38:17
WAS CURIOUS TO FIND OUT FROM THE 

[Captioner] 22:38:19
ONES YOU HAVE MOVED FORWARD AND 

[Captioner] 22:38:20
PROCEEDED WITH AFTER THESE 

[Captioner] 22:38:22
FINDINGS WHAT TYPE OF 

[Captioner] 22:38:23
MITIGATIONS DID THEY IMPLEMENT 

[Captioner] 22:38:24
AND HOW LONG WAS THE DELAY?

[Captioner] 22:38:26
I KNOW SOME OF THEM ARE PENDING 

[Captioner] 22:38:29
OVER A YEAR IN DELAYS RIGHT 

[Captioner] 22:38:29
NOW.

[Captioner] 22:38:31
>> WE'VE SEEN CITIES ADD 

[Captioner] 22:38:33
CONDITIONS OF APPROVAL, ADDING 

[Captioner] 22:38:37
MITIGATION, AND WE'VE HAD CITIES 

[Captioner] 22:38:40
WORK WITH APPLICANTS TO 

[Captioner] 22:38:41
 

[Captioner] 22:38:44
VOLUNTARILY ADD THESE MEASURES.

[Captioner] 22:38:46
SO THAT THE WORKERS WILL BE 

[Captioner] 22:38:49
PROTECTED AND THE COMMUNITY WILL 

[Captioner] 22:38:51
BE SATISFIED ABOUT THE 

[Captioner] 22:38:52
ENVIRONMENTAL REVIEW AND 

[Captioner] 22:38:55
MITIGATION WAS CONDUCTED.

[Captioner] 22:38:56
>> Mayor Mei:   OKAY.

[Captioner] 22:38:58
I THINK THAT'S THE ONLY 

[Captioner] 22:38:59
CLARIFYING QUESTIONS I HAVE AT 

[Captioner] 22:39:00
THIS TIME.

[Captioner] 22:39:00
THANK YOU.

[Captioner] 22:39:02
>> THANK YOU.

[Captioner] 22:39:03
>> Mayor Mei:   NEXT IS THE 

[Captioner] 22:39:05
APPLICANT, YOU HAVE FIVE MINUTES 

[Captioner] 22:39:06
FOR REBUTTAL.

[Captioner] 22:39:18
>> THANK YOU MAYOR.

[Captioner] 22:39:20
WE DON'T NEED FIVE MINUTES.

[Captioner] 22:39:22
WE APPRECIATE STAFF'S TIME 

[Captioner] 22:39:23
ACROSS MULTIPLE DEPARTMENT.

[Captioner] 22:39:25
TO THE EXTENT THAT THERE MAY BE 

[Captioner] 22:39:26
REMAINING QUESTIONS OR CONCERNS 

[Captioner] 22:39:31
ON THE CEQA AND ON THE TECHNICAL 

[Captioner] 22:39:32
FRONT WE WOULD NOTE THAT THE 

[Captioner] 22:39:34
CITY'S CURRENTLY MR. SCOTT 

[Captioner] 22:39:36
GREGORY IS HERE AND I DON'T WANT 

[Captioner] 22:39:38
TO SPEAK FOR STAFF OR FOR 

[Captioner] 22:39:39
MR. GREGORY BUT IS CERTAINLY 

[Captioner] 22:39:42
WELL POSITIONED TO ADDRESSING 

[Captioner] 22:39:43
THE MAIN CONCERNS.

[Captioner] 22:39:46
OTHERWISE THANK YOU FOR 

[Captioner] 22:39:48
EVERYONE'S TIME AND WE DON'T 

[Captioner] 22:39:51
NEED TO HAVE THE PRIVILEGE TO 

[Captioner] 22:39:54
INVEST IN THE GATEWAY PLAZA 

[Captioner] 22:39:57
SHOPPING CENTER AND IN THE SIDE 

[Captioner] 22:39:59
OF BOOK ENDING THE DOWNTOWN TO 

[Captioner] 22:40:02
SUPPORT THIS PROJECT AND THIS 

[Captioner] 22:40:04
WHOLE AREA IN A SPOT THAT'S 

[Captioner] 22:40:08
POARVEGHTLY POSITIONED TO TAKE 

[Captioner] 22:40:14
DENSITY AND RESIDENTIAL

[Captioner] 22:40:21
I KNOW WE MENTIONED THERE'S THE 

[Captioner] 22:40:21
AIR QUALITY EXPERT FOR THE 

[Captioner] 22:40:21
CITY.

[Captioner] 22:40:23
I DON'T KNOW IF WE COULD AT 

[Captioner] 22:40:25
LEAST IDENTIFY HIM AND THANK HIM 

[Captioner] 22:40:27
FOR HIS -- IF HE HAS ANY 

[Captioner] 22:40:29
QUESTIONS BECAUSE I KNOW HE'S IN 

[Captioner] 22:40:29
THE AUDIENCE, I BELIEVE.

[Captioner] 22:40:32
>> JUST TO CLARIFY, SCOTT 

[Captioner] 22:40:35
GREGORY IS OUR CITY'S CEQA 

[Captioner] 22:40:37
CONSULTANT BUT HE HAS EXPERTISE 

[Captioner] 22:40:38
BEYOND AIR QUALITY FOR ALL OF 

[Captioner] 22:40:40
THE ITEMS THAT WERE COVERED 

[Captioner] 22:40:42
TONIGHT AND PROVIDED THE 

[Captioner] 22:40:44
RESPONSES FOUND IN INFORMATIONAL 

[Captioner] 22:40:45
6 THAT WERE COVERED AT PLANNING 

[Captioner] 22:40:47
COMMISSION AND ALSO IN THE 

[Captioner] 22:40:47
PACKET TONIGHT.

[Captioner] 22:40:50
SO ANY TECHNICAL QUESTIONS COULD 

[Captioner] 22:40:51
BE DIRECTED TO HIM.

[Captioner] 22:40:52
>> Mayor Mei: SURE.

[Captioner] 22:40:54
SO WE APPRECIATE HIM BEING 

[Captioner] 22:40:54
HERE.

[Captioner] 22:40:57
OUT OF CURIOSITY, JUST BECAUSE 

[Captioner] 22:40:59
THIS IS SOMETHING THAT'S BEEN 

[Captioner] 22:41:00
RAISED, HOW OFTEN HAS THIS COME 

[Captioner] 22:41:03
BEFORE US IN TERMS OF THE AIR 

[Captioner] 22:41:05
QUALITY ISSUES FOR US IN THESE 

[Captioner] 22:41:07
MOST RECENT PROJECTS?

[Captioner] 22:41:09
>> AIR QUALITY IS ONE OF THE 

[Captioner] 22:41:12
ITEMS THAT'S ADDRESSED IN EVERY 

[Captioner] 22:41:12
ENVIRONMENTAL DOCUMENT.

[Captioner] 22:41:17
WE HAVEN'T HAD -- I'M TRYING TO 

[Captioner] 22:41:19
THINK BACK IN TERMS OF APPEALS.

[Captioner] 22:41:22
I CAN'T SPEAK TO HOW COMMONLY 

[Captioner] 22:41:24
IT'S COME BEFORE YOU IN APPEALS 

[Captioner] 22:41:25
AS THE LEAD ISSUE.

[Captioner] 22:41:29
IT'S COMMONLY AN ISSUE THAT'S 

[Captioner] 22:41:31
DISCUSSED AT LENGTH, AND AS IT 

[Captioner] 22:41:31
HAS BEEN HERE.

[Captioner] 22:41:38
IN INFORMATIONAL

[Captioner] 22:41:41
 6, SCOTT GREGORY HAS GONE INTO 

[Captioner] 22:41:43
DEPTH IN EXPLAINING THE WAY THE 

[Captioner] 22:41:44
APPLICANT DID THEIR ANALYSIS AND 

[Captioner] 22:41:46
WHY OURS FITS THE TEST UNDER 

[Captioner] 22:41:46
CEQA.

[Captioner] 22:41:49
SO WE CAN SPEAK TO THAT IF 

[Captioner] 22:41:49
NECESSARY.

[Captioner] 22:41:49
>> Mayor Mei: THANK YOU.

[Captioner] 22:41:50
I APPRECIATE THAT.

[Captioner] 22:41:52
I KNOW THAT ALSO JUST ON -- I'M 

[Captioner] 22:41:53
GOING TO MAKE A GENERAL COMMENT 

[Captioner] 22:41:54
TOO REGARDING FEES.

[Captioner] 22:41:56
I KNOW THAT JUST A FEW WEEKS 

[Captioner] 22:41:58
AGO, WE HAD ALSO APPEALS THAT 

[Captioner] 22:41:59
CAME IN FROM THE PUBLIC AND I 

[Captioner] 22:42:01
KNOW OUR RESIDENT ALSO, TOO, 

[Captioner] 22:42:03
WHEN THEY COME BEFORE US AND IN 

[Captioner] 22:42:04
THAT CASE IT WAS A GROUP OF 

[Captioner] 22:42:06
RESIDENTS, I BELIEVE, AND I 

[Captioner] 22:42:08
BELIEVE THEY PAID FOR THEIR FEES 

[Captioner] 22:42:09
TOO, AND I KNOW THAT'S ONE OF 

[Captioner] 22:42:11
THE CHALLENGES THAT WE HAVE, BUT 

[Captioner] 22:42:13
WHEN IT COMES TO THESE TYPES OF 

[Captioner] 22:42:15
SITUATIONS, WE'VE JUST APPROVED, 

[Captioner] 22:42:17
AND A COUPLE WEEKS AGO OR A 

[Captioner] 22:42:18
COUPLE MONTHS AGO NOW MAYBE, 

[Captioner] 22:42:19
TIME FLIES WHEN YOU'RE HAVING 

[Captioner] 22:42:21
FUN, BUT WE APPROVED THE FEE 

[Captioner] 22:42:22
UPDATE SCHEDULE FROM THE 

[Captioner] 22:42:22
COUNCIL.

[Captioner] 22:42:25
SO I SEE COUNCILMEMBER 

[Captioner] 22:42:25
CAMPBELL.

[Captioner] 22:42:27
>> Councilmember Campbell: THANK 

[Captioner] 22:42:27
YOU.

[Captioner] 22:42:29
I KNOW THE DISCUSSION ABOUT THE 

[Captioner] 22:42:31
FEES ARE NOT SOMETHING THAT WE 

[Captioner] 22:42:34
ARE TAKING UP, NOT TONIGHT, BUT 

[Captioner] 22:42:36
IN THE PACKET, WE DID SEE THE 

[Captioner] 22:42:38
AGREEMENT THAT THEY SIGNED, AND 

[Captioner] 22:42:40
IN THE AGREEMENT THAT THEY 

[Captioner] 22:42:42
SIGNED, IT SPECIFICALLY SAID IT 

[Captioner] 22:42:45
WAS A DEPOSIT TO PAY FOR STAFF 

[Captioner] 22:42:46
FEES, ET CETERA, ET CETERA.

[Captioner] 22:42:49
I MEAN, IT WAS -- IT WAS VERY 

[Captioner] 22:42:51
CLEAR THAT IT WAS A DEPOSIT UP 

[Captioner] 22:42:53
AGAINST SOME OTHER FEES THAT 

[Captioner] 22:42:54
THEY MAY SEE IN THE FUTURE.

[Captioner] 22:42:56
BUT I KNOW THAT'S NOT WHAT WE'RE 

[Captioner] 22:42:57
HERE TO DISCUSS TONIGHT.

[Captioner] 22:42:59
BUT I'M HOPING THAT THEY DID 

[Captioner] 22:43:01
READ THAT LEGAL DOCUMENT BEFORE 

[Captioner] 22:43:02
THEY SIGNED IT.

[Captioner] 22:43:07
>> Cty. Attny. Alvarado: THERE'S 

[Captioner] 22:43:08
TWO ISSUES WORTH MENTIONING ON 

[Captioner] 22:43:09
THAT TOPIC.

[Captioner] 22:43:10
THE FIRST IS THAT THERE'S A 

[Captioner] 22:43:13
SCOPE OF HEARING QUESTION, AND 

[Captioner] 22:43:15
IT'S OUTSIDE THE SCOPE, MEANING 

[Captioner] 22:43:17
TONIGHT YOU'RE BEING CALLED TO 

[Captioner] 22:43:19
REVIEW THE -- ORIGINALLY THE 

[Captioner] 22:43:21
ZONING ADMINISTRATOR'S 

[Captioner] 22:43:21
DETERMINATION THAT WAS APPEALED 

[Captioner] 22:43:22
TO THE PLANNING COMMISSION.

[Captioner] 22:43:25
THIS IS A DE NOVO HEARING 

[Captioner] 22:43:27
PROCESS, WHICH MEANS YOU CAN 

[Captioner] 22:43:28
TAKE EVIDENCE THAT WAS NOT IN 

[Captioner] 22:43:31
THE RECORD AT THE LOWER LEVEL 

[Captioner] 22:43:32
REVIEWS, BUT IT DOESN'T MEAN 

[Captioner] 22:43:36
THAT WE CAN EXPAND TO ANY

[Captioner] 22:43:38
 ISSUE, THAT A MEMBER OF THE 

[Captioner] 22:43:39
PUBLIC OR THE APPLICANT MAY 

[Captioner] 22:43:39
RAISE.

[Captioner] 22:43:41
AND THAT IS ONE OF THOSE ISSUES 

[Captioner] 22:43:43
THAT IS OUTSIDE THE SCOPE OF 

[Captioner] 22:43:43
REVIEW.

[Captioner] 22:43:46
SEPARATELY, I DO WANT TO MAKE AN 

[Captioner] 22:43:48
OBSERVATION THAT THE FEE IS 

[Captioner] 22:43:51
REQUIRED UNDER OUR MUNICIPAL 

[Captioner] 22:43:52
CODE, THE FREMONT MUNICIPAL CODE 

[Captioner] 22:43:53
REQUIRES THAT WE ESTABLISH A FEE 

[Captioner] 22:43:56
AND OUR MASTER FEE SCHEDULE 

[Captioner] 22:43:58
DOES, IN FACT, ARTICULATE THE 

[Captioner] 22:44:01
FACT THAT THESE ARE DEPOSITS 

[Captioner] 22:44:04
REQUIRED IN THE MASTER -- 

[Captioner] 22:44:05
APPROVED BY THE COUNCIL AND ALSO 

[Captioner] 22:44:05
LOCAL LAW.

[Captioner] 22:44:07
SO FOR THOSE TWO REASONS, IT IS 

[Captioner] 22:44:09
OUTSIDE THE SCOPE AND THE 

[Captioner] 22:44:10
COUNCIL SHOULD FOCUS ON THE 

[Captioner] 22:44:10
APPEAL ITSELF.

[Captioner] 22:44:11
THANK YOU.

[Captioner] 22:44:12
>> Mayor Mei: THANK YOU.

[Captioner] 22:44:14
I KNOW THAT SEEING NO OTHER 

[Captioner] 22:44:16
COMMENTS, I KNOW THAT VICE MAYOR 

[Captioner] 22:44:19
SHAO HAD RESERVED -- WANTED TO 

[Captioner] 22:44:21
MAKE THE MOTION, I BELIEVE.

[Captioner] 22:44:26
>> Vice Mayor Shao: THANK YOU, 

[Captioner] 22:44:27
MADAME MAYOR.

[Captioner] 22:44:31
SINCE ALL THE FELLOW CITY 

[Captioner] 22:44:33
COUNCILMEMBERS HAVE EXHAUSTED 

[Captioner] 22:44:36
THEIR COMMENTS AND QUESTIONS, I 

[Captioner] 22:44:39
WOULD LIKE TO ENTERTAIN THE 

[Captioner] 22:44:43
MAYOR WITH MY MOTION TO ACCEPT 

[Captioner] 22:44:46
THE STAFF'S RECOMMENDATION AND 

[Captioner] 22:44:46
DENY THE APPEAL.

[Captioner] 22:44:49
>> Mayor Mei: IS THERE A 

[Captioner] 22:44:49
SECOND?

[Captioner] 22:44:54
SECONDED BY COUNCILMEMBER 

[Captioner] 22:44:54
KASSAN.

[Captioner] 22:44:57
MOVED BY VICE MAYOR SHAO.

[Captioner] 22:44:58
PLEASE VOTE.

[Captioner] 22:45:10
AND THE MOTION PASSES WITH THE 

[Captioner] 22:45:11
MAJORITY VOTING AND 

[Captioner] 22:45:13
COUNCILMEMBER SALWAN AND 

[Captioner] 22:45:14
COUNCILMEMBER COX VOTING NAY.

[Captioner] 22:45:16
THANK YOU.

[Captioner] 22:45:24
AND AT THIS TIME, I WILL CHECK 

[Captioner] 22:45:28
TO SEE IF THERE'S ANY COMMITTEE

[Captioner] 22:45:30
 REPORTS ON COMMITTEE 

[Captioner] 22:45:30
ASSIGNMENTS?

[Captioner] 22:45:31
COUNCILMEMBER SALWAN.

[Captioner] 22:45:34
>> Councilmember Salwan: YES, WE 

[Captioner] 22:45:36
HAVE EAST BAY DIVISION MEETING 

[Captioner] 22:45:38
ON APRIL 25TH AT 5:30 IN 

[Captioner] 22:45:38
ALAMEDA.

[Captioner] 22:45:41
SO ALL COUNCILMEMBERS ARE 

[Captioner] 22:45:41
INVITED.

[Captioner] 22:45:42
THANK YOU.

[Captioner] 22:45:42
>> Mayor Mei: THANK YOU FOR 

[Captioner] 22:45:42
SHARING.

[Captioner] 22:45:46
AND THEN ALSO I WOULD JUST NOTE 

[Captioner] 22:45:48
THAT TOMORROW MORNING I'LL BE 

[Captioner] 22:45:51
DRIVING UP -- THERE IS THE 

[Captioner] 22:45:54
LEAGUE OF CALIFORNIA CITIES 

[Captioner] 22:45:55
LEADERSHIP SUMMIT FOR THOSE WHO 

[Captioner] 22:45:57
WANT TO JOIN, THERE ARE SOME 

[Captioner] 22:45:58
POLICY UPDATES AND THINGS 

[Captioner] 22:46:00
AVAILABLE FOR PEOPLE TO DOWNLOAD 

[Captioner] 22:46:01
AND SEE FOR THE COUNCIL AND FOR 

[Captioner] 22:46:01
THE PUBLIC.

[Captioner] 22:46:04
SO WITH THAT, I'D LIKE TO 

[Captioner] 22:46:04
ADJOURN THE MEETING.

[Captioner] 22:46:06
THANK YOU SO MUCH.

[Captioner] 22:46:14
[MEETING ADJOURNED AT 10:46 

[Captioner] 22:46:14
P.M.]