FREMONT CITY COUNCIL MEETING
TUESDAY, FEBRUARY 11, 2025
7:00 P.M.
>> MAYOR SALWAN: GOOD EVENING, EVERYBODY.
I'D LIKE TO CALL THE CITY COUNCIL MEETING TO ORDER.
FOR FEBRUARY 12TH, 2025 AT 7:00 P.M.
I'D LIKE TO ASK COUNCILMEMBER KIMBERLIN TO LEAD US IN THE PLEDGE OF ALLEGIANCE.
I PLEDGE ALLEGIANCE
TO THE FLAG
OF THE UNITED STATES OF AMERICA
AND TO THE REPUBLIC
FOR WHICH IT STANDS
ONE NATION UNDER GOD,
INDIVISIBLE,
WITH LIBERTY
AND JUSTICE FOR ALL.
>> MAYOR SALWAN: THANK YOU.
MADAM CLERK, PLEASE TAKE ROLL.
ALSO, COUNCILMEMBER SHAO IS JOINING US REMOTELY .
>> MS. GAUTHIER: COUNCILMEMBER LIU, HERE.
COUNCILMEMBER ZHANG, HERE.
COUNCILMEMBER SHAO, PRESENT.
COUNCILMEMBER KIMBERLIN, HERE.
COUNCILMEMBER KENG, HERE.
VICE MAYOR CAMPBELL, PRESENT.
MAYOR SALWAN, PRESENT.
>> MAYOR SALWAN: SO FOR ANNOUNCEMENTS, WE HAVE VACANCIES ON BOARDS AND
COMMISSIONS.
THE CITY CLERK'S OFFICE ACCEPTS APPLICATIONS FOR BOARDS AND COMMISSIONS
THROUGHOUT THE YEAR.
IF INTERESTED, PLEASE GO TO OUR WEBSITE, FREMONT.GOV, OR CONTACT THE CITY CLERK'S
OFFICE.
EMAILS SUBMITTED TO THE CITY CLERK ARE COMPILED, DISTRIBUTED TO THE CITY COUNCIL
AND STAFF AND PUBLISHED IN THE CITY'S AGENDA CENTER ON FREMONT.GOV, AND THEY'RE
PLACED ON FILE AND CONSIDERED PART OF THE PUBLIC RECORD.
I WOULD LIKE TO ANNOUNCE THAT THIS MEETING WILL GO ON UNTIL 11:30 P.M.
WE WILL ALLOW FOR 30 MINUTES OF GENERAL PUBLIC COMMENT.
IF THERE ARE ADDITIONAL SPEAKERS FOR ORAL COMMUNICATIONS AFTER THE INITIAL 30
MINUTES, WE WILL TAKE THOSE SPEAKERS AT THE END OF THE MEETING IF TIME ALLOWS.
I WILL NOW TURN OVER THE MEETING TO CITY MANAGER SHACKELFORD FOR HER
ANNOUNCEMENTS.
>> CITY MGR. SHACKELFORD: THANK YOU, MAYOR SALWAN.
GOOD EVENING TO YOU AND MEMBERS OF THE COUNCIL.
NO ANNOUNCEMENTS THIS EVENING, BUT I WOULD LIKE TO TAKE THIS OPPORTUNITY TO
INTRODUCE MY COLLEAGUES WHO ARE HERE WITH US TODAY.
TO MY LEFT IS RAFAEL ALVARADO, THE CITY ATTORNEY.
ACROSS FROM RAFAEL AND I ARE DINA LEWIS, ASSISTANT CITY CLERK, AND SUSAN GAUTHIER,
CITY CLERK.
THANK YOU.
>> MAYOR SALWAN: WONDERFUL.
SO NOW MOVING ON TO CONSENT CALENDAR ITEMS, THE CONSENT CALENDAR ITEMS WILL
BE PASSED WITH UP WITH COUNCIL VOTE AND STAFF RECOMMENDATION WILL STAND.
I WILL PULL ITEM 2C, WHICH IS THE SECOND READING OF THE CAMPING ORDINANCE, FOR
DISCUSSION.
I KNOW WE HAVE SEVERAL SPEAKERS ON THIS ITEM.
DOES ANY MEMBER OF THE COUNCIL WISH TO REMOVE THE REMAINING ITEM FROM THE
CONSENT CALENDAR?
SEEING NONE, CAN I GET A MOTION?
>> MOTION TO APPROVE.
>> I'LL SECOND THAT MOTION.
>> MAYOR SALWAN: MOTION TO MOVE CONSENT WITH THE EXCEPTION OF ITEM 2C.
SO MOTION BY COUNCILMEMBER ZHANG, SECONDED BY COUNCILMEMBER LIU.
PLEASE VOTE, ROLL CALL.
>> MS. GAUTHIER: COUNCILMEMBER LIU, AYE.
COUNCILMEMBER ZHANG, AYE.
COUNCILMEMBER SHAO, AYE.
COUNCILMEMBER KIMBERLIN, AYE.
COUNCILMEMBER KENG, AYE.
VICE MAYOR CAMPBELL, AYE.
MAYOR SALWAN, AYE.
MOTION PASSES UNANIMOUSLY.
WITH THAT, WE WILL GO TO ORAL COMMUNICATIONS.
THIS IS A TIME WHERE IF PEOPLE WANT TO TALK ABOUT AN ITEM THAT IS NOT ON THE
AGENDA, MEANING IF YOU'RE HERE FOR THE CAMPING ORDINANCE OR THE PARK, THIS IS
NOT THE TIME TO TALK.
THIS IS JUST GENERAL COMMUNICATION.
COMMUNICATIONS RECEIVED VIA EMAIL WILL BE PLACED ON FILE AND WILL BE CONSIDERED
PART OF THE PUBLIC RECORD.
THE COUNCIL CANNOT TAKE ACTION ON ANY ITEM THAT IS MENTIONED ON ORAL
COMMUNICATION, NOR CAN WE RESPOND TO ITEMS THAT ARE BROUGHT UNDER ORAL
COMMUNICATION.
HOWEVER, IT CAN BE AGENDIZED FOR A FUTURE MEETING WITH A COUNCIL REFERRAL.
WHEN SPEAKING ON BEHALF OF AN ORGANIZATION, STATE YOUR NAME OF YOUR
ORGANIZATION YOU'RE REPRESENTING.
A BELL WILL RING WHEN 30 SECONDS REMAIN.
AND A BELL WILL RING AGAIN WHEN YOUR TIME HAS ENDED.
THE CITY CLERK WILL CALL THE SPEAKERS AND START THE TIME.
WITH THAT, WE CAN WELCOME OUR FIRST SPEAKER UNDER ORAL COMMUNICATION.
>> MS. GAUTHIER: WE DO NOT HAVE ANY CARDS FOR ORAL COMMUNICATION.
THEY ARE ALL FOR ITEM 2C.
>> MAYOR SALWAN: WONDERFUL.
THANK YOU.
ALL RIGHT.
SO WE HAVE THE OPTION OF MOVING THE PARK ITEM -- WHAT IS THE NUMBER?
>> VICE MAYOR CAMPBELL: 6A.
>> MAYOR SALWAN: 6A, WHICH IS ON THE COMMUNITY CENTER, SINCE WE HAVE SOME STAFF
ALREADY AND WE HAVE A LONG MEETING AHEAD, VICE MAYOR CAMPBELL, YOU WANT TO
MAKE A MOTION TO MOVE IT UP?
>> VICE MAYOR CAMPBELL: YES, I'D LIKE TO MAKE A MOTION TO MOVE ITEM 6A, CENTRAL
PARK COMMITTEE CENTER, UP TO --
>> MAYOR SALWAN: NOW.
>> VICE MAYOR CAMPBELL: BEFORE ITEMS REMOVED FROM CONSENT.
>> COUNCILMEMBER KENG: I'LL SECOND THAT.
>> MAYOR SALWAN: MOVED BY VICE MAYOR CAMPBELL, SECONDED BY COUNCILMEMBER
KENG.
PLEASE VOTE, ROLL CALL.
>> MS. GAUTHIER: COUNCILMEMBER LIU, AYE.
COUNCILMEMBER ZHANG, AYE.
COUNCILMEMBER SHAO, AYE.
COUNCILMEMBER KIMBERLIN, AYE.
COUNCILMEMBER KENG, AYE.
VICE MAYOR CAMPBELL, AYE.
MAYOR SALWAN, AYE.
>> MAYOR SALWAN: MOTION PASSES UNANIMOUSLY 7-0.
SO WITH THAT, WE'LL GO TO ITEM 6A, CENTRAL PARK COMMUNITY CENTER.
WE HAVE PUBLIC WORKS DIRECTOR HANS LARSEN AND COMMUNITY SERVICE DIRECTOR KIM
BERANEK.
>> GOOD EVENING, COUNCIL, HONORABLE MAYOR AND MEMBERS OF THE PUBLIC HERE THIS
EVENING.
WE ARE HERE BEFORE YOU TONIGHT TO PROVIDE A STATUS UPDATE ON THE NEW CENTRAL
PARK COMMUNITY CENTER AND TO REQUEST APPROVAL FOR THE RECOMMENDED CITY
COUNCIL ACTION ITEMS.
AS YOU MAY RECALL, THE 2022 CITY COUNCIL ADOPTED PARK AND RECREATION MASTER
PLAN, IDENTIFIED THE NEED FOR A NEW COMMUNITY CENTER IN CENTRAL PARK.
THE LOCATION OF THIS NEW FACILITY IS IN THE SAME AREA AS THE EXISTING TEEN CENTER,
ADJACENT TO THE PUBLIC LIBRARY, AND AT THE PROMINENT LOCATION OF STEVENSON
BOULEVARD AND PASEO PADRE PARKWAY.
THE PROJECT HAS STEADILY PROGRESSED AS YOU CAN SEE BY THE TIMELINE, AND THE
PROJECT TEAM IS CURRENTLY WORKING TO FINALIZE THE FACILITY DESIGN.
THE EXTENSIVE PUBLIC OUTREACH COMPONENT OF THE PROJECT BEGAN LAST FEBRUARY,
AND CONTINUED THROUGH APRIL.
THE GOAL OF THE OUTREACH WAS TO SUPPLEMENT WHAT WE HEARD IN THE PARKS AND
RECREATION MASTER PLAN.
AND DIVE A BIT DEEPER INTO THE PROGRAMMING, SITE AMENITIES AND BUILDING DESIGN
ELEMENTS, INCLUDING THE FIT AND FEEL OF THE BUILDING IN A PARK SPACE.
BETWEEN THE STAFF AND THE CONSULTANTS' EFFORTS, THERE WERE 11 IN-PERSON EVENTS
AND THE MY FREMONT WEBPAGE THAT SOUGHT OUT INPUT FROM THE FREMONT
COMMUNITY.
IN ALL, WE HEARD FROM OVER 2600 MEMBERS OF THE PUBLIC.
THE CITY COUNCIL APPROVED SITE AND FLOOR PLAN SHOWCASES THE FULL SITE BUILDOUT
BUT WILL SERVE THE ENTIRE FREMONT COMMUNITY.
THE PLAN INCLUDES A COMMUNITY CENTER WITH EVENT HALL AND COMMERCIAL KITCHEN,
AN OUTDOOR LIVING ROOM, EXPANDED OUTDOOR SPACES, AND A FUTURE GYMNASIUM AND
OUTDOOR AMPHITHEATER.
ADDITIONAL SITE IMPROVEMENTS INCLUDE EXPANDED PARKING, IMPROVED TRAFFIC FLOW
INCLUDING DIRECT PASEO PADRE ACCESS, AND NEW PEDESTRIAN TRAIL CONNECTIONS TO
THE LIBRARY AND CENTRAL PARK.
THESE IMAGES REALLY HELP US GET A FIT AND FEEL FOR THE SITE AND SOME OF THE SPACES.
BASED ON ALL OF THE INPUT THAT WE RECEIVED, THE COMMUNITY CENTER ENTRANCE AND
LOBBY WILL BE A GATHERING SPACE FOR OUR COMMUNITY MEMBERS OF ALL AGES.
THE IDEA OF CONNECTION TO THE OUTDOORS HAS BEEN CARRIED OUT THROUGHOUT THE
FACILITY DESIGN, INCLUDING A FABULOUS OUTDOOR LIVING ROOM THAT WILL INCLUDE
SHADE, TABLES AND SEATING.
THE PROGRAM SPACES INCLUDE AN EXERCISE DANCE ROOM, AN ENRICHMENT ROOM, AND
AN ARTS AND CRAFTS ROOM THAT EACH HAVE AN OUTDOOR PATIO SPACE.
THERE IS A SMALL MEETING ROOM AND A LARGE EVENT HALL THAT CAN ACCOMMODATE 400
FOR INDOOR DINING PLUS AN ADDITIONAL 200 ON THE OUTDOOR TERRACE.
MANY OF THE ROOMS WILL HAVE DIVIDERS TO ALLOW FOR MAXIMUM USE AND FLEXIBILITY
OF THE SPACE.
ON DECEMBER 18TH, THE ART REVIEW BOARD RELEASED A CALL FOR ARTISTS FOR THE PUBLIC
ART THAT WILL BE INCORPORATED INTO THE PROJECT.
SELECTION OF THE ARTIST IS ANTICIPATED IN APRIL TO ALLOW FOR SEAMLESS DESIGN
INTEGRATION INTO THE PROJECT CONSTRUCTION.
NUMEROUS POTENTIAL OPPORTUNITIES TO INCORPORATE THIS ART HAVE BEEN IDENTIFIED
FOR THE SITE, INCLUDING GROUND SCULPTURES, OUTDOOR BOLLARDS, SEATING, SUSPENDED
SCULPTURES AND DECORATIVE PAVING OR SHADE STRUCTURES.
THE ART REVIEW BOARD IS CURRENTLY GOING THROUGH THE NECESSARY PROCESS TO
ULTIMATELY PROVIDE A RECOMMENDATION TO THE RECREATION COMMISSION AND THEN
THE CITY COUNCIL AND THE FINAL SELECTED ART PIECES THAT WILL HELP CREATE A UNIQUE
IDENTITY FOR THE SITE.
AND WITH THAT, I WILL TURN IT OVER TO HANS.
>> MR. LARSEN: GREAT.
THANK YOU, KIM.
GOOD EVENING, MAYOR AND COUNCIL.
ON THIS SLIDE WE WANT TO SHARE WITH YOU INFORMATION ABOUT THE PROJECT PHASING,
COST AND FUNDING.
LAST JULY, THE CITY COUNCIL APPROVED A MULTIPHASE PLAN FOR THE NEW COMMUNITY
CENTER COMPLEX TO BE IMPLEMENTED IN PHASES AS FUNDING BECOMES AVAILABLE.
SO THE PHASE ONE PROJECT IS KIND OF THE MIDDLE OF THE GROUPING OF THE BUILDINGS IF
YOU'RE LOOKING AT THE PICTURE ON THE UPPER LEFT.
THAT IS PHASE ONE.
THAT'S A $33 MILLION COST ELEMENT, INCLUDES EXPANDED PARKING, ACCESS AND THE
OUTDOOR LIVING ROOM.
SO WE HAVE FUNDING FROM THAT FROM THE VARIOUS SOURCES INDICATED ON THE SLIDE
FROM THE CITY, FROM STATE, AND FEDERAL GRANTS.
THE SECOND PHASE WOULD BE THE CONSTRUCTION OF AN ADJOINING EVENT HALL.
THAT WOULD ADD $14 MILLION TO THE PROJECT.
WE ARE DESIGNING THAT IN ORDER TO MAINTAIN HOPES THAT IF WE'RE ABLE TO SECURE
ADDITIONAL MONEY BETWEEN NOW AND WHEN WE START CONSTRUCTION ABOUT A YEAR
FROM NOW, WE WOULD BE ABLE TO ADD THAT TO THE PROJECT AND THEN THE FUTURE
PHASE INCLUDES THE GYMNASIUM AND THE OUTDOOR AMPHITHEATER.
WANTED TO JUST BRING TO COUNCIL'S ATTENTION SOME POSSIBLE OPPORTUNITIES FOR
COST SAVINGS ON THE PROJECT THAT WOULD PERHAPS CREATE AN OPPORTUNITY FOR US TO
INTEGRATE PHASE TWO IN WITH THE MAIN CONSTRUCTION PROJECT, WHICH IS A GOAL THAT
WE'RE TRYING TO ACHIEVE.
SO WE ARE CURRENTLY IN A VERY GOOD BIDDING ENVIRONMENT.
IN FACT, THERE HAVE BEEN OTHER PROJECTS IN THE BAY AREA, KIND OF OF A SIMILAR SIZE
THAT HAVE COME IN SIGNIFICANTLY BELOW THE COST ESTIMATE BECAUSE THERE'S NOT A LOT
OF WORK OUT THERE NOW FOR BUILDING DOCTOR FOR CONTRACTORS DOING NEW
BUILDINGS PRIMARILY DUE TO LIMITATIONS DUE TO THE COST OF FINANCING SO THERE'S A
LOT OF CONTRACTORS OUT THERE THAT ARE VERY EAGER TO TAKE ON A PROJECT LIKE THIS.
AND SO BY COMBINING THE TWO PIECES TOGETHER, THERE'S OBVIOUSLY SOME ECONOMIES
OF SCALE, AND IF WE GET A GOOD BIDDING ENVIRONMENT, PROBABLY WOULD REQUIRE
SOME ADDITIONAL FUNDING TOO, SO WE'RE PROCEEDING WITH PLANNING TO TAKE
ADVANTAGE OF THAT OPPORTUNITY IF IT IS AVAILABLE TO US.
I MIGHT ADD, THOUGH, THAT THERE ARE SOME FACTORS OUT THERE THAT COULD INCREASE
THE COST OF THE PROJECT, AND WE'VE HEARD RECENTLY NEWS FROM -- AT THE FEDERAL
LEVEL ABOUT TARIFFS FOR CONSTRUCTION AND IN THE NEWS RECENTLY, TARIFFS ON STEEL.
THIS WILL BE A STEEL BUILDING, SO THOSE COULD HAVE A NEGATIVE IMPACT ON OUR ABILITY
TO DO A LARGER PROJECT.
BUT WE'LL WAIT AND SEE WHEN WE GET CLOSER TO WHERE WE'RE AT, BUT WE'RE HOLDING
OUT SORT OF OUR OPTIONS TO BE ABLE TO DO PHASE ONE AND TWO TOGETHER.
SO THAT BRINGS US TO THE ACTIONS WE'RE RECOMMENDING TO YOU HERE TONIGHT IN
ORDER TO CONTINUE TO MAKE GREAT PROGRESS ON THIS FANTASTIC PROJECT.
THERE'S THREE THINGS THAT WE'RE ASKING YOU TO APPROVE FIRST, IS A CONTRACT FOR
HIRING A CONSTRUCTION MANAGEMENT FIRM.
WE'RE RECOMMENDING APPROVAL OF A CONTRACT WITH KITCHELL CEM, AND IT'S A BEST
PRACTICE TO BRING A CONSTRUCTION MANAGER ON BOARD WHILE YOU'RE IN THE DESIGN
PROCESS IN ORDER FOR THEM TO TAKE A LOOK AT THE -- SORT OF THE QUALITY, THE PLANS,
THE CLARITY OF THE COMMUNICATIONS, SO THAT WE REDUCE THE RISK FOR CHANGE
ORDERS AS PART OF THE PROJECT.
SO WE'RE BRINGING THEM ON BOARD TOO.
THEY WILL ALSO BE A RESOURCE FOR US TO ADDRESS A PRIOR COUNCIL DIRECTION TO
CONSIDER THE POSSIBILITIES OF DOING A PROJECT LABOR AGREEMENT ON THIS PROJECT.
SO THERE'S NO KIND OF DIRECTION TO DO THIS, BUT WE WILL BE UNDERGOING AN
EVALUATION TO LOOK AT THE PROS AND CONS OF THAT WITH THE RESOURCES FROM A
CONSTRUCTION MANAGER.
THE SECOND ACTION SUPPORTS WHAT KIM MENTIONED, IS THE PUBLIC ART PROGRAM.
THE COUNCIL HAS A POLICY TO ALLOCATE 1% OF THE PROJECT BUDGET FOR PUBLIC ART AND
SO WE'RE RECOMMENDING THAT WE PULL 1% OUT OF THE CURRENT BUDGET THAT WE HAVE
IN ORDER TO FUND THE DEVELOPMENT OF THE PUBLIC ART PROGRAM, SO WE'RE TAKING
MONEY INTO A PUBLIC ART FUND TO BE ABLE TO SUPPORT THAT.
AND THEN THE THIRD ONE VERY SIGNIFICANTLY IS YOUR APPROVAL OF THE ENVIRONMENTAL
CLEARANCE FOR THE PROJECT.
SO THERE HAS BEEN A SIGNIFICANT AMOUNT OF STUDY AROUND THE POTENTIAL
ENVIRONMENTAL IMPACTS OF THE PROJECT.
THE GOOD NEWS IS THAT SINCE WE'RE BUILDING IN GENERALLY AN OPEN FIELD, THERE'S
VERY LITTLE ENVIRONMENTAL IMPACTS, AND THOSE THAT MAY OCCUR HAVE ALREADY BEEN
STUDIED IN THE CONTEXT OF THE CITY'S GENERAL PLAN, SO THE RECOMMENDATION IS THAT
THE ENVIRONMENTAL ANALYSIS HAS REVEALED A FINDING OF NEW SIGNIFICANT IMPACTS, NO
FURTHER ENVIRONMENTAL REVIEW IS NEEDED, BUT WE'RE ASKING COUNCIL TO CERTIFICATE
THAT ACTION IN ORDER TO CLEAR THE PROJECT.
THE GOOD NEWS IS THAT WE ARE ENVIRONMENTALLY CLEARING THE ENTIRE PLAN CONCEPT
FOR THE COMMUNITY CENTER SO THAT WE'RE WELL PREPARED FOR NOT JUST PHASE ONE
AND TWO, BUT THE GYMNASIUM OUTDOOR AMPHITHEATER AND THE ENTIRE PLAN THAT THE
CITY COUNCIL ACCEPTED LAST JULY.
SO WITH THAT, THAT CONCLUDES OUR PRESENTATION, HAPPY TO TAKE ANY QUESTIONS THE
COUNCIL HAS.
WE DO HAVE STAFF AVAILABLE IN THE AUDIENCE AND ALSO ON ZOOM IF THERE'S ANY MORE
DETAILED INFORMATION THAT YOU'D LIKE TO ASK QUESTIONS ABOUT.
THANK YOU.
>> MAYOR SALWAN: THANK YOU FOR THE PRESENTATION.
ANY QUESTIONS FROM COUNCIL?
VICE MAYOR CAMPBELL?
NO?
THAT WAS FROM BEFORE?
OKAY.
COUNCILMEMBER KENG?
>> COUNCILMEMBER KENG: THANK YOU FOR THE PRESENTATION.
WOULD YOU SHARE AGAIN THE TIMELINE FOR THE PROJECT AGAIN?
OF THE COUPLE DIFFERENT PAGES?
>> MR. LARSEN: SURE.
WE'RE CURRENTLY IN THE FINAL DESIGN PHASE.
OUR GOAL IS TO BID OUT THE PROJECT FOR CONSTRUCTION BIDS BY NOVEMBER OF THIS
YEAR, AND THEN WE WOULD COME BACK TO COUNCIL IN EARLY 2026 FOR AWARD OF THE
CONSTRUCTION CONTRACT, AND THEN SORT OF DEPENDING IF WE'RE DOING PHASE ONE
AND TWO TOGETHER, JUST PHASE ONE WOULD BE APPROXIMATELY A YEAR AND A HALF TO
COMPLETE THE PROJECT.
SO THAT PUTS US INTO SUMMER/FALL OF 2027 FOR COMPLETION.
>> MAYOR SALWAN: THANK YOU.
SEEING NO MORE QUESTIONS, DO WE HAVE ANY SPEAKERS?
OH.
COUNCILMEMBER SHAO, THEN COUNCILMEMBER ZHANG.
>> THANK YOU, MR. MAYOR.
THE QUESTION IS FOR THE PUBLIC TO KNOW THE SO-CALLED PROJECT LABOR AGREEMENT,
DOES IT MEAN THAT THE AGREEMENT TO HIRE UNION WORKERS THAT HISTORICALLY WOULD
COST TAXPAYERS MORE MONEY AND A LONGER PERIOD OF CONSTRUCTION COMPARING
WITH THE MOST BIDDERS THAT ARE NOT UNIONIZED, BUT PAYING PREVAILING WAGES
ANYWAY?
>> MR. LARSEN: I'LL TRY TO ANSWER THE -- I THINK THE QUESTION IN THERE, SO THE WORK
EFFORT THAT'S BEFORE US OR THE DIRECTION FROM COUNCIL PREVIOUSLY WAS TO CONSIDER
USING A PROJECT LABOR AGREEMENT FOR A PROJECT LIKE THIS, SO WE WOULD BE DOING
SOME ANALYSIS OF OTHER PROJECT LABOR AGREEMENTS THAT HAVE BEEN DONE.
SOME EXAMPLES INCLUDE FREMONT UNIFIED SCHOOL DISTRICT, OHLONE COLLEGE, CITIES OF
HAYWARD, DUBLIN, SAN LEANDRO, AND WE WOULD COME BACK TO COUNCIL PROBABLY IN
THE JUNE OR JULY TIME FRAME WITH AN ANALYSIS OF HOW -- THE PROS AND CONS OF A
PROJECT LABOR AGREEMENT AND WHETHER THIS IS SORT OF RIGHT FOR FREMONT OR THIS
PARTICULAR PROJECT, AND IT WOULD BE A FURTHER ACTION BY COUNCIL ON THE TOPIC THAT
WOULD BE INFORMED BY INFORMATION THAT WE'RE GATHERING BETWEEN NOW AND THIS
COMING JUNE.
>> COUNCILMEMBER SHAO: A FOLLOW-UP QUESTION.
SO SUCH ANALYSIS, WOULD THAT ANALYSIS OF COMPARING THE ABOVE MENTIONED
PROJECTS BE RELATED TO THE DISCOVERY THAT THE CURRENT MARKET WOULD ALLOW THE
CITY OF FREMONT TO EVEN GET A NON-UNION BIDDER FOR $8 MILLION BELOW THE
EXPECTATION?
>> MR. LARSEN: YES, IT WOULD INCLUDE THE ANALYSIS BASED ON SORT OF THE CURRENT
MARKET AND FOR THIS PARTICULAR PROJECT.
>> MAYOR SALWAN: JUST TO CLARIFY, YOU'RE GOING TO BRING THIS BACK TO US IN THE
FUTURE FOR THOSE ANALYSES?
>> MR. LARSEN: CORRECT, CORRECT.
>> MAYOR SALWAN: OKAY.
MOVING ON TO COUNCILMEMBER ZHANG.
>> COUNCILMEMBER ZHANG: THANK YOU, MAYOR.
I HAVE THE SAME QUESTION ON THIS PROJECT LABOR AGREEMENT.
AND JUST TO SAY WHAT DOES ANALYSIS ENTAIL?
BOTTOM LINE IS YOU STILL WOULD HAVE TO KNOW THE PROS AND CONS AND ALSO THE
DOLLAR AMOUNT.
CORRECT?
>> MR. LARSEN: YES, WE WOULD COME BACK SORT OF WITH AN ESTIMATE OF WHAT THE
COST IMPLICATION IS.
I THINK WHAT -- GENERALLY THE PROJECT LABOR AGREEMENT, YOU KNOW, IT WOULD BE --
THE WAY OTHERS HAVE BEEN STRUCTURED IS THAT IT'S A COMMITMENT TO USE ALAMEDA
COUNTY UNION LABOR TO BE ABLE TO DO THE WORK AS OPPOSED TO BIDDING IT OUT TO
KIND OF THE OPEN MARKET AND SO IT'S NOT -- THERE'S NOT RESTRICTIONS BETWEEN LABOR
AND NON-LABORER THE LOCATION WHERE THE LABOR COMES FROM.
SO IT COULD BE SORT OF OTHER COUNTIES IN THE AREA.
GENERALLY, YOU KNOW, WITH A LABOR AGREEMENT, KIND OF THE -- WHAT YOU -- YOU GET
THE BENEFIT OF SUPPORTING KIND OF THE LOCAL MARKET VERSUS YOU'RE LIMITING THE
AMOUNT OF CONTRACTORS THAT CAN DO THE WORK AND GENERALLY WITH A MORE OPEN
BIDDING OPPORTUNITY, USUALLY YOU FIND THAT THE PRICES WOULD BE LESS.
BUT WE WILL COME BACK WITH THAT INFORMATION AS WELL AS OTHER PROS AND CONS
ASSOCIATED WITH THE OPTIONS THAT WE HAVE BEFORE US.
>> COUNCILMEMBER ZHANG: ALL RIGHT, THANK YOU.
>> MAYOR SALWAN: COUNCILMEMBER LIU?
>> COUNCILMEMBER LIU: I'D LIKE TO FOLLOW UP WITH THE WHOLE PROJECT LABOR
AGREEMENT.
YOU MENTIONED IT REALLY FOCUSING ON ALAMEDA COUNTY SPECIFICALLY, RIGHT?
MY QUESTION IS, WOULD IT ALSO BE POSSIBLE TO INCLUDE THE ANALYSIS FOR, LET'S SAY, YOU
KNOW, LABOR GROUPS IN SANTA CLARA COUNTY?
THE REASON WHY I ASK THIS IS, WE ARE CLOSE ENOUGH TO SANTA CLARA COUNTY THAT WE
MIGHT HAVE PEOPLE, RESIDENTS, LIVING IN FREMONT WHO WORK FOR VARIOUS LABOR
GROUPS IN SANTA CLARA COUNTY AND HIRING NECESSARILY OUTSIDE OF THE COUNTY,
OUTSIDE OF ALAMEDA COUNTY AND CONSIDERING SANTA CLARA COUNTY WHERE WE HAVE
MANY RESIDENTS WHO WORK THERE BUT LIVE IN FREMONT, IT COULD PROVIDE SOME
BENEFITS TO THEM AS WELL, SO IS THERE A POSSIBILITY THAT THIS CAN BE EXPANDED TO
ALSO INCLUDE ANY LABOR GROUPS IN SANTA CLARA COUNTY?
>> MR. LARSEN: THAT'S CERTAINLY --
>> COUNCILMEMBER LIU: OR REALLY ANY OTHER COUNTIES THAT ARE CLOSE TO US BUT NOT
IN ALAMEDA SPECIFICALLY.
SORRY FOR INTERRUPTING.
>> MR. LARSEN: YEAH, SO I HAVE TO ADMIT, FREMONT HAS NOT DONE PROJECT LABOR
AGREEMENTS FOR THE CONTRACTED WORK WE'VE DONE, SO THIS IS A NEW TOPIC FOR US
AND WHY WE'RE SEEKING THE ADVICE OF EXPERTS THAT HAVE DONE PROJECTS WITH AND
WITHOUT LABOR AGREEMENTS.
SO I THINK THAT'S A QUESTION WE CAN ASK TO SEE IF SOMETHING LIKE THAT IS POSSIBLE.
CERTAINLY IT HAS SOME LOGIC SINCE FREMONT IS KIND OF AT THE EDGE OF DIFFERENT
COUNTIES AS OPPOSED TO SAYING BEING IN THE MIDDLE OF ONE PARTICULAR COUNTY .
>> COUNCILMEMBER LIU: ALL RIGHT.
>> MAYOR SALWAN: COUNCILMEMBER KIMBERLIN.
>> COUNCILMEMBER KIMBERLIN: THIS PROBABLY WAS ANSWERED AT PREVIOUS MEETINGS,
BUT LOOKING AT THE MAP, IT'S HARD TO TELL, IS THE TEEN CENTERS COMING DOWN WITH
THIS PROJECT?
>> MR. LARSEN: THAT'S CORRECT.
>> COUNCILMEMBER KIMBERLIN: WILL THIS PROJECT GO EVEN CLOSER THAN THE TEEN
CENTER IS TO THE LIBRARY?
>> MR. LARSEN: YES.
IT WILL UTILIZE THE EXISTING PARKING AND ACCESS FROM THE TEEN CENTER.
THE TEEN CENTER BUILDING WILL BE REMOVED BUT THE NEW BUILDING IS MUCH LARGER
THAN THE TEEN CENTER, SO IT'S GENERALLY EXPANDING FROM THE EXISTING TEEN CENTER
CLOSER TOWARDS THE LIBRARY .
>> COUNCILMEMBER KIMBERLIN: KIND OF CONNECTING IT INTO LIKE A WHOLE ECOSYSTEM
THERE?
>> MR. LARSEN: EXACTLY .
>> COUNCILMEMBER KIMBERLIN: NICE.
THANK YOU.
>> MAYOR SALWAN: THANK YOU.
ANY SPEAKERS?
>> MS. GAUTHIER: COUNCILMEMBER SHAO, IS YOUR HAND RAISED AGAIN?
>> COUNCILMEMBER SHAO: YES.
>> MS. GAUTHIER: OKAY .
>> COUNCILMEMBER SHAO: THANK YOU, MADAM CLERK.
THE COMMENT IS, IT'S A GOOD IDEA TO EXPAND THE ANALYSIS BEYOND THE COUNTY OF
ALAMEDA FOR THE PROS AND CONS OF A PROJECT LABOR AGREEMENT.
WHY, BECAUSE IN THE PAST, DONATIONS FROM SUCH UNIONS EXCLUSIVELY COME FROM
WITHIN ALAMEDA COUNTY TO POTENTIAL CANDIDATES FOR CITY COUNCILMEMBERS.
IN ORDER TO HAVE A POLITICALLY NEUTRAL ANALYSIS, THEN WE HAVE TO CONSIDER THAT,
AND THEN EXPAND THE SAMPLING RANGE TO BE FAIR TO THE PUBLIC.
>> MAYOR SALWAN: OKAY, ANY SPEAKERS ON THIS?
OKAY.
SEEING NONE, IS THERE A MOTION?
MOTION BY VICE MAYOR CAMPBELL.
YOU WANT TO SECOND IT, COUNCILMEMBER ZHANG?
OKAY, SECONDED BY COUNCILMEMBER ZHANG.
PLEASE VOTE.
ROLL CALL.
>> MS. GAUTHIER: COUNCILMEMBER LIU, AYE.
COUNCILMEMBER ZHANG, AYE.
COUNCILMEMBER SHAO, AYE.
COUNCILMEMBER KIMBERLIN, AYE.
COUNCILMEMBER KENG, AYE.
VICE MAYOR CAMPBELL, AYE.
MAYOR SALWAN, AYE.
>> MAYOR SALWAN: MOTION PASSES 7-0.
AND THIS IS A GREAT PROJECT, VERY EXCITED.
THE PARKS ARE KIND OF THE HUB FOR OUR FAMILIES AND COMMUNITY, AND SO IT WILL BE A
GREAT VENUE FOR US AND LOOKING FORWARD TO THAT.
THANK YOU FOR THE GOOD WORK.
WELL, THANK YOU.
SO AT THIS POINT, WE'LL GO BACK TO THE ITEM THAT WAS PULLED FROM CONSENT, WHICH IS
ITEM 2C.
WHICH WAS THE ORDINANCE -- THE CAMPING ORDINANCE.
WE HAVE OUR STAFF.
MIGHT AS WELL GET ALL HANDS ON DECK NOW.
GOT OUR CHIEF AND -- HUMAN SERVICES.
>> MAYOR SALWAN: SO THIS IS A SECOND READING SO TYPICALLY FOR SECOND READINGS WE
DON'T HAVE FORMAL PRESENTATIONS, BUT THERE'S DEFINITELY A LOT OF QUESTIONS AND
CONCERNS FROM THE COMMUNITY, AND WE DEFINITELY WANT TO ADDRESS THOSE.
AND CLARIFY ANY CONFUSION OR ANY MISUNDERSTANDING.
SO WITH THAT, I DON'T KNOW IF WE CAN START WITH THE HUMAN SERVICES, IF YOU CAN
KIND OF HIGHLIGHT SOME OF THE SERVICES THAT WE ARE PROVIDING TO THE UNHOUSED
INDIVIDUALS.
CAN WE START WITH OUR DIRECTOR?
>> GOOD EVENING, MAYOR AND COUNCIL.
I BELIEVE THERE'S A SLIDE?
>> DINA, CAN YOU PUT UP THE SLIDE THAT SUMMARIZES THE SERVICES AVAILABLE?
>> MAYOR SALWAN: WE CAN DO THAT.
LET START WITH THE TIMELINE SINCE WE'VE GOT THAT UP THERE ALREADY.
HOW DID WE GET HERE?
WHAT WERE THE MILESTONES AND THE TIMELINES?
>> MS. GAUTHIER: SORRY, WE'RE HAVING AN ISSUE OVER HERE WITH HER DEVICE NOW.
GIVE ME JUST A MOMENT.
>> CAN YOU PUT UP THE TIMELINE OF EVENTS, PLEASE?
>> MS. GAUTHIER: IS KHANH OR SOMEBODY ELSE FROM I.T. HERE TO HELP ME?
>> CITY MGR. SHACKELFORD: WE'RE CHECKING FOR KHANH, SUSAN, OR SOMEONE.
>> MAYOR SALWAN: I DON'T KNOW IF WE HAVE SOME MORE SPOTS UP HERE?
OKAY, GREAT.
>> THAT'S THE OLD PRESENTATION FROM DECEMBER 17TH.
IF YOU CAN -- YOU HAD IT UP JUST A SECOND AGO.
>> CITY MGR. SHACKELFORD: MAYBE WE CAN JUST KIND OF --
>> THANK YOU FOR THE QUESTION, MAYOR SALWAN.
>> MAYOR SALWAN: TECHNICAL DIFFICULTIES.
>> THE SLIDE BEFORE THE COUNCIL SUMMARIZES SEVERAL KEY EVENTS THAT LED STAFF TO
BRING FORWARD THE CAMPING ORDINANCE AT THE COUNCIL'S REQUEST.
BEGINNING IN OCTOBER OF 2022, STAFF PROVIDED AN OVERVIEW OF THE LEGAL
FRAMEWORK ON CAMPING ENFORCEMENT IN THE CITY OF FREMONT, AND PROVIDED AN
EXPLANATION OF THE LEGAL BOUNDARIES THAT EXISTED AT THAT TIME.
IN OCTOBER OF 2023, STAFF AGAIN PROVIDED INFORMATION ON VEHICULAR HOMELESSNESS
IN FREMONT WHICH LED COUNCIL TO AN ADDITIONAL DISCUSSION OF POTENTIAL
REGULATION IN NOVEMBER OF 2023, COUNCIL RECEIVED INFORMATION ABOUT REGULATORY
LEGAL FRAMEWORKS FOR VEHICLE DWELLING ENFORCEMENT IN APRIL OF 2024, STAFF
PRIORITIZED LARGE VEHICLE PARKING ENFORCEMENT NEAR SCHOOLS IN THE CITY'S
PREESTABLISHED SAFE ROUTE TO SCHOOL ZONES.
IN MAY OF 2024, THE COUNCIL ADOPTED ITS FIRST HOMELESSNESS RESPONSE PLAN THAT IS --
AS COUNCIL NOTED IS THE FIVE-YEAR STRATEGIC PLAN THAT DIRECTED STAFF IN ITS EFFORTS
TO PROVIDE SERVICES TO REDUCE HOMELESSNESS IN FREMONT.
IN JUNE OF 2024, THE SUPREME COURT OVERTURNED JOHNSON VERSUS GRANTS PASS.
THAT WAS THE PRIMARY CASE WHICH PROHIBITED THE ENFORCEMENT OF ANTI-CAMPING
ORDINANCES IF ALTERNATIVE SHELTER WAS NOT AVAILABLE TO OFFER.
UPON THE OVERTURNING OF JOHNSON VERSUS GRANTS PASS, THE COUNCIL AGAIN
EXPRESSED AN INTEREST IN REVIEWING OPTIONS FOR ADDITIONAL ENFORCEMENT THAT HAD
NOW BEEN LEGALIZED BY THAT SUPREME COURT DECISION.
IN JULY OF 2024, THE GOVERNOR ISSUED AN EXECUTIVE ORDER ENCOURAGING STRONGER
CAMPING ENFORCEMENT BOTH AMONGST STATE AGENCIES AND AT THE LOCAL LEVEL.
IN REQUEST TO COUNCIL REQUESTS IN SEPTEMBER OF 2024, STAFF PRESENTED OPTIONS FOR
ADDITIONAL ENFORCEMENT, INCLUDING PARKING ENFORCEMENT, LARGE VEHICLE LIMITS,
AND A GENERAL ANTI-CAMPING ORDINANCE.
STAFF THEN BROUGHT FORWARD VEHICLE ENFORCEMENT OPTIONS, INCLUSIVE OF
ENHANCING LONG-TERM VEHICLE PARKING FOR ALL SIZE VEHICLES, AND A RV RESTRICTION
ON PARKING RVS IN RESIDENTIAL AREAS.
THE COUNCIL APPROVED THOSE ITEMS, AND THEN STAFF RETURNED FOLLOWING THOSE
PRESENTATIONS AND APPROVALS WITH A DRAFT CAMPING ORDINANCE WHICH THE COUNCIL
INITIALLY APPROVED FOR TWO BRINGING US TO TONIGHT'S MEETING.
>> CITY MGR. SHACKELFORD: I JUST WANTED TO ADD ONE THING, AND THAT IS, WELL, FIRST
OF ALL AS YOU CAN SEE, WE HAVE A LONG HISTORY OF TRYING TO ADDRESS THIS ISSUE IN A
NUMBER OF WAYS, BUT I'D ALSO LIKE TO POINT OUT THAT OVER THE LAST FEW YEARS, WE'VE
ALSO APPLIED FOR GRANT FUNDING FROM THE STATE TO PROVIDE ADDITIONAL HOUSING
AND SHELTER FOR THE UNSHELTERED.
UNFORTUNATELY WE WERE UNSUCCESSFUL WITH THOSE GRANT APPLICATIONS BUT WE
CONTINUED TO LOOK FOR THOSE OPPORTUNITIES AND WAYS TO PROVIDE MORE SHELTER.
SO I JUST DIDN'T WANT THAT TO GO UNSPOKEN.
SAL THANK YOU.
AND I THINK WE'RE GOING TO GO WITH I GUESS DIRECTOR CALDERA, HEAD OF HUMAN
SERVICES, SO I KNOW YOUR DEPARTMENT PLAYS A BIG ROLE IN ADDRESSING ISSUES RELATED
TO THE UNHOUSED, SO I'D LIKE TO ASK YOU WHAT SORT OF SERVICES YOUR DEPARTMENT
PROVIDES AND WHAT YOU'VE BEEN DOING.
>> SO I'M GOING TO REFERENCE -- THERE'S A SLIDE THAT WE HAVE THAT ALSO MIRRORS IN
THE FREQUENTLY ASKED QUESTIONS ON THE CITY'S WEBSITE.
AS YOU CAN SEE ON THIS SLIDE HERE, THESE SERVICES ARE ACTUALLY SERVICES ADDRESSING
THE UNHOUSED COMMUNITY IN FREMONT THAT ARE ACTUALLY PROVIDED BY NOT ONLY THE
CITY BUT ALSO BY COMMUNITY PARTNERS.
THIS IS NOT SOMETHING THAT THE CITY DOES BY ITSELF.
IT'S ACTUALLY -- IT WORKS IN CONCERT WITH MANY HOMELESS SERVICE PROVIDERS OUT IN
THE COMMUNITY.
THESE SERVICES ARE GENERALLY BROKEN UP INTO THREE CATEGORIES: PREVENTION, FRONT
DOOR OR QUALITY OF LIFE SERVICES, AND THEN INTERIM HOUSING AND SHELTER.
IN THE FIRST BUCKET AT THE TOP, THE FIRST THREE, THE CITY OF FREMONT HAS A STAY
HOUSED PROGRAM WHERE IT PROVIDES FINANCIAL COACHING AND SHORT-TERM GRANTS TO
REALLY TRY TO PREVENT HOMELESSNESS.
THERE'S ALSO CASE MANAGERS THAT ARE INVOLVED, TRYING TO PROVIDE HOUSING TO FOLKS
OUT THERE IN THE COMMUNITY.
AND THEN WE ALSO HAVE A CONTRACT WITH FREMONT FAIR HOUSING TO PROVIDE
LANDLORD AND LEGAL SERVICES.
THE MIDDLE SECTION OF THE TABLE SHOWS QUITE A FEW DIFFERENT RESOURCES THAT ARE
OUT THERE FOR THE COMMUNITY.
SOME OF WHICH ARE SUPPORTED BY THE HUMAN SERVICES DEPARTMENT.
THE SOUTH COUNTY WELLNESS CENTER, WHICH IS OPERATED BY BACS IS ONE THAT'S
SUPPORTED BY A CITY CONTRACT.
AND THEN WE HAVE PARTNERS THAT PROVIDE HOPE OUTREACH, MOBILE HEALTH STREET
MEDICINE, SUBSTANCE USE DISORDER AND MOBILE TEAM SERVICES.
WE ARE ALSO A HOUSING RESOURCE CENTER ACCESS POINT CONTRACTED BY THE COUNTY TO
PROVIDE COMMUNITY RESIDENTS TO ACCESS THE COORDINATED ENTRY SYSTEM.
WE PRIMARILY FOCUS ON FAMILIES, AND AS YOU CAN SEE THERE, ALSO ABODE SERVICES
PROVIDE SERVICES PRIMARILY FOR ADULTS.
THAT'S THE FOCUS THERE.
WE ALSO PROVIDE A SAFE PARKING PROGRAM, AND THE MOBILE EVALUATION TEAM, AND
THEN WE ALSO DO QUITE A BIT OF OUTREACH THROUGH CASE MANAGERS AND OTHER STAFF
AT THE FAMILY RESOURCE CENTER AS WELL AS HUMAN SERVICES ADMIN.
LAST OF ALL, UNDER INTERIM AND SHELTER HOUSING, THERE IS SUNRISE VILLAGE, WHICH IS A
LONG-TIME PARTNER IN THE COMMUNITY, PROVIDING 66 BEDS.
WE DO PROVIDE SOME SUPPORT THERE FINANCIALLY FOR THAT TRANSITIONAL SHELTER.
AND THE LARGEST BY FAR FOR US IN TERMS OF DOLLAR COMMITMENT IS THE HOUSING
NAVIGATION CENTER, WHICH PROVIDES 45 BEDS OUT IN THE COMMUNITY.
WE ALSO HAVE THE WINTER RELIEF PROGRAM, WHICH IS PROVIDING CURRENTLY 27 -- AND
WE ALSO PROVIDE SUPPORT THROUGH A SOCIAL SERVICE GRANT THROUGH THE DOMESTIC
VIOLENCE SHELTER.
>> MAYOR SALWAN: THEN HOW DO WE COORDINATE WITH ALAMEDA COUNTY AND OTHER
REGIONAL PLAYERS TO HELP THE UNHOUSED?
>> SO THERE ARE A VARIETY OF DIFFERENT CONTRACTS THAT ARE ADMINISTERED BY THE
COUNTY THAT THE CITY IS EITHER CARRYING OUT THE WORK FOR THIS REGION OR FOR THE
CITY, OR WHERE THE COUNTY, FOR EXAMPLE, HAP FUNDING IS ONE EXAMPLE WHERE THE
FUNDING COMES TO THE COUNTY OF ALAMEDA, AND THEN THE CITY HAS ALLOCATED SOME
OF THOSE HALF DOLLARS TO PROVIDE THE HOUSING NAVIGATION CENTER, TO OPERATE THE
HOUSE NAVIGATION CENTER THROUGH BAY AREA COMMUNITY SERVICES AS THE OPERATOR
AS AN EXAMPLE.
>> MAYOR SALWAN: THEN HOW DO WE PROVIDE MENTAL HEALTH SUPPORT OR ADDICTION
SUPPORT TO THOSE NEEDING IT?
>> SO WE DO HAVE A SMALL MENTAL HEALTH COMPONENT FOR ADULTS.
MY PRIMARY WORK IS WITH KIDS, ESPECIALLY YOUTH AND FAMILY SERVICES BUT THERE'S
ALSO THE MOBILE EVALUATION TEAM, WHICH THE HUMAN SERVICES DEPARTMENT WORKS IN
PARTNERSHIP WITH THE POLICE DEPARTMENT AND THE CHIEF COULD ADD TO THAT IF HE
WISHES.
>> MAYOR SALWAN: OKAY.
AND THEN COULD YOU COMMENT ON THE MENTAL HEALTH AND CRISIS INTERVENTION
TEAMS WE HAVE AND HOW THEY OPERATE?
>> YES, THAT IS THE MOBILE EVALUATION TEAM, WE HAVE A CRISIS INTERVENTIONS
SPECIALIST, AS WELL AS A CASE MANAGER AND A CLINICAL SUPERVISOR THAT SUPPORT THE
CLINICAL COMPONENT OF THE MOBILE EVALUATION TEAM AND THE REST OF THE TEAM IS IN
THE POLICE DEPARTMENT.
>> MAYOR SALWAN: OKAY.
I GUESS THIS IS MAYBE MORE FOR LAURIE.
CAN YOU SHARE DETAILS ABOUT THE CITY'S SAFE PARKING PROGRAM?
AND HOW MANY GROUPS ARE PARTICIPATING AND ANY BARRIERS THAT WE'RE HAVING TO
EXPANDING THE PROGRAM?
>> THANK YOU FOR THE QUESTION.
GOOD EVENING, COUNCIL AND MEMBERS OF THE PUBLIC.
YES, SO OUR SAFE PARKING PROGRAM IS CURRENTLY MADE POSSIBLE BY THE PARTNERSHIP
OF SIX FAITH-BASED ORGANIZATIONS.
AT THIS TIME, IT IS STILL OVERNIGHT ONLY AND IT ROTATES MONTH TO MONTH BETWEEN
EACH OF THOSE SIX PARTNERS, SO IT'S ASSISTING THE SAME GROUP OF CLIENTS AND
PARTICIPANTS.
AND RIGHT NOW, IT'S FULL.
THE CAPACITY IS 15 PASSENGER VEHICLES AND THAT PROGRAM IS FULL.
THERE IS A WAITING LIST.
WE CONTINUE TO PROMOTE THE PROGRAM, SPEAK TO COMMUNITY GROUPS, DIFFERENT
FAITH ORGANIZATIONS TO LET THEM KNOW THAT A PERMIT IS AVAILABLE IF THAT'S HOW
THEY WANT TO CARRY OUT THEIR MISSION TO SERVE PEOPLE THROUGH THAT PROGRAM, IT'S
POSSIBLE.
WE LOVE TO BE ABLE TO GET MORE PARTNERS ON BOARD SO WE CAN HAVE MORE THAN ONE
COHORT OR GROUP BEING SERVED AT A TIME.
SOME OF THE CHALLENGES THAT OUR FAITH COMMUNITY HAS RAISED IS THEY DON'T FEEL
THEY HAVE THE CAPACITY OR THE BANDWIDTH WITHIN THEIR CONGREGATION TO BE ABLE TO
SERVE IN THAT PROGRAM.
THERE'S BEEN LIABILITY CONCERNS THAT WE'VE WORKED INDIVIDUALLY WITH EACH GROUP
THAT'S INTERESTED TO EXPLAIN HOW THE PROGRAM IS GOING, HOW THE CITY PARTNERS
WITH THEM, AND WE'VE SUCCESSFULLY RUN THIS PROGRAM FOR THREE YEARS NOW
WITHOUT INCIDENT, SO WE DEFINITELY WANT TO CONTINUE TO PROMOTE THIS PROGRAM.
I WOULD LIKE TO ADD JUST A LITTLE BIT MORE CONTEXT TO THIS SLIDE AND WANT TO
ACKNOWLEDGE THAT THIS IS NOT AN EXHAUSTIVE LIST.
HOUSING IS NOT ON THIS GRAPH AND THAT IS ULTIMATELY WHAT ADDRESSES
HOMELESSNESS.
SO WE DO HAVE HOUSING PROVIDERS THAT SERVE THE COMMUNITY, WE HAVE RAPID
REHOUSING PROGRAMS AS WELL.
AND THERE ARE MANY SERVICES THAT PROVIDE FOR THOSE THAT ARE UNHOUSED THAT ALSO
PROVIDE FOR THOSE THAT ARE HOUSED.
SO OUR COUNTY-WIDE SERVICES FOR MENTAL HEALTH, HEALTHCARE, AND HOUSING, THEY'RE
AVAILABLE TO COUNTY RESIDENTS REGARDLESS OF THEIR HOUSING STATUS.
>> MAYOR SALWAN: SO WE MUST HAVE AT LEAST 40 FAITH-BASED ORGANIZATIONS AND WE
ONLY HAVE SIX.
HOW CAN WE EXPAND THAT?
IS THAT LIKE THEY DON'T KNOW ABOUT THIS PROGRAM OR IS IT JUST THE BANDWIDTH
LIABILITY ISSUES?
>> THAT'S A GREAT QUESTION.
WE ONLY KNOW AS MUCH AS WHAT PEOPLE HAVE TOLD US.
SO WE'VE DONE WHAT WE CAN THROUGH SOME OF THE FAITH NETWORKS.
WE HAVE TWO LARGE ONES IN OUR COMMUNITY, COMPASSION NETWORK CITY SERVE AS
WELL AS TRI-CITY INTERFAITH COUNCIL.
SO WE'VE PROVIDED INFORMATION, WE HAVE A STRONG GROUP OF VOLUNTEERS THAT LIKE
TO PARTICIPATE.
WE MADE A PROMOTIONAL VIDEO A COUPLE YEARS AGO WHEN WE FIRST OPENED, SO WE'VE
DONE INDIVIDUAL OUTREACH.
IT SOMETHING I OFTEN BRING UP, IF SOMEONE AS PART OF A FAITH COMMUNITY REACHES
OUT TO US WITH A CONCERN ABOUT HOMELESSNESS, I ALWAYS REMIND THEM OF THIS
OPTION.
SO IT'S A CONSTANT CONVERSATION.
AT THIS POINT WE HAVE SIX SOLID PARTNERS AND WE DEEPLY APPRECIATE THEIR
WILLINGNESS TO PARTICIPATE IN THIS PROGRAM.
>> MAYOR SALWAN: THANK YOU.
THIS IS A GOOD TIME FOR THE CITY ATTORNEY TO WEIGH IN?
>> CTY. ATTNY. ALVARADO: IS THERE A SPECIFIC QUESTION THE COUNCIL WOULD LIKE ME TO
ADDRESS AT THIS TIME?
>> MAYOR SALWAN: YES, I WANT TO MAKE SURE WE'RE READY.
I'VE GOT A LOT.
SO THE ORDINANCE, I MEAN, YOU'VE HAD A LOT OF EXPERIENCE IN PRETTY MUCH HELPED
DRAFT THIS ORDINANCE SO I WANTED TO FIGURE OUT THE BACKGROUND OF HOW YOU
CAME UP WITH THIS ORDINANCE AND WHAT DID YOU LOOK AT, OR WHAT SORT OF
REGULATIONS YOU PICKED UP IN OTHER CITIES AND HOW IT CAME ABOUT.
>> CTY. ATTNY. ALVARADO: YES, THE CITY STAFF TEAM REVIEWED A VARIETY OF ORDINANCES
THAT EXIST OR WERE BEING CONSIDERED BY CITIES IN CALIFORNIA.
I THINK THE NEXT SLIDE THAT WE HAVE AVAILABLE LISTS SOME OF THOSE CITIES.
THIS IS NOT EXHAUSTIVE BUT THIS IS REPRESENTATIVE OF SOME OF THE CITIES THAT WE DID
REVIEW, AND CERTAINLY USED THOSE AS MODELS AND EXEMPLARS AS WE DEVELOPED OUR
OWN VERSION THAT THE COUNCIL INTRODUCED IN DECEMBER 2024.
>> MAYOR SALWAN: OKAY.
AND THERE'S BEEN A LOT OF CONCERN ABOUT THE AIDING AND ABETTING CLAUSE.
WHAT WAS THE INTENTION BEHIND THAT LANGUAGE, AND HOW DID IT COME TO EXIST IN
THE DOCUMENT?
>> OF THE APPROXIMATELY 20 CITIES THAT CITY STAFF REVIEWED, ABOUT 75% OF THOSE
ORDINANCES OR MUNICIPAL CODES INCLUDED LANGUAGE THAT IS SIMILAR TO OURS
REGARDING AIDING AND ABETTING IN VIOLATIONS OF CRIMES.
NOW SOME ARE INCLUDED IN THE FIRST CHAPTER OF THE MUNICIPAL CODE, THE MAJORITY
ARE, AND A FEW, LIKE OURS, INCLUDE THE LANGUAGE IN THE ORDINANCE ITSELF.
IN ANY CASE, THE VAST MAJORITY OF THE CITIES THAT WE REVIEWED IN DEVELOPING OUR
OWN ORDINANCE INCLUDED SIMILAR LANGUAGE.
>> MAYOR SALWAN: SO IF IT'S NOT SPECIFICALLY WRITTEN IN THE ORDINANCE FOR THE
ENCAMPMENT BUT IT'S IN THE MUNICIPAL CODE OF THE CITY, IS IT THE SAME INTENT AS FAR
AS EXECUTING THE MISDEMEANOR?
>> CTY. ATTNY. ALVARADO: THOSE THAT ADOPTED THAT LANGUAGE IN ITS ORDINANCE OR
ALREADY ADOPTED AS PART OF ITS MUNICIPAL CODE, IT OFFERS THE SAME ENFORCEMENT
AUTHORITY.
SO EVEN IF WE DIDN'T INCLUDE IT IN OUR ORDINANCE THIS EVENING, IT'S ALREADY IN OUR
CHAPTER 1 OF OUR MUNICIPAL CODE AND WE WOULD HAVE THE AUTHORITY TO ENFORCE
THAT LANGUAGE IRRESPECTIVE OF WHETHER IT'S INCLUDED IN THE ORDINANCE THIS
EVENING.
>> MAYOR SALWAN: SO THERE'S BEEN A CONCERN RAISED THAT THIS WILL PREVENT PEOPLE
FROM GETTING FOOD OR WATER OR BLANKETS OR ASSISTANCE, EVEN THE NON-PROFITS
HAVE RAISED THE CONCERN THAT THEY WILL BE AFRAID TO DO OUTREACH WITH THESE
INDIVIDUALS.
IS THERE ANY RESTRICTIONS ON THAT?
IS THERE ANY CONCERN WITH THIS LANGUAGE THAT WOULD PREVENT THEM FROM DOING
THIS?
>> CTY. ATTNY. ALVARADO: YES, I WOULD LIKE TO MAKE TWO POINTS REGARDING THAT
PARTICULAR QUESTION, AND OF COURSE I WOULD INVITE MY PROFESSIONAL COLLEAGUES TO
WEIGH IN, SHOULD I LEAVE ANY IMPORTANT FACTS OUT.
THE FIRST IS THAT THE ORDINANCE DOES NOT MAKE IT A VIOLATION OF THE MUNICIPAL CODE
TO PROVIDE SOMEONE FOOD OR CLOTHING OR OTHER AMENITIES.
AND IN FACT, AS STAFF HAS ALREADY INDICATED, WE ARE A SERVICE PROVIDER, AND WILL
CONTINUE TO PROVIDE THOSE SERVICES AND THOSE TYPE OF ACTIVITIES ARE NOT
PRECLUDED UNDER THE TERMS OF THE ORDINANCE.
SECONDLY, WE ALREADY DO HAVE A PROHIBITION ON CAMPING IN PUBLIC SPACES.
IT'S LIMITED TO PARKS RIGHT NOW.
BUT THE CITY ALREADY HAS A BAN ON CAMPING WITHIN PARKS, AND IT HASN'T RESULTED IN
ARRESTS OF INDIVIDUALS OR ARRESTS OF INDIVIDUALS THAT ARE ASSISTING THOSE MEMBERS
OF THE UNHOUSED THAT MAY BE IN PARKS BUT MAY NEED FOOD ASSISTANCE OR CLOTHING,
SO ON AND SO FORTH.
SO THOSE ARE THE TWO POINTS THAT I WANTED TO MAKE, AND OF COURSE IF ANYBODY ELSE
HAS ANYTHING TO OFFER, I CERTAINLY WELCOME IT.
>> MAYOR SALWAN: I JUST WANT TO MAKE THIS MEETING BRIEF.
IF WE WERE TO REMOVE THIS LANGUAGE, THE AIDING AND ABETTING, IS THAT SOMETHING
THAT'S FEASIBLE AND THE ORDINANCE WILL STILL BE INTACT?
>> CTY. ATTNY. ALVARADO: YES, AMONGST THE OPTIONS THAT THE COUNCIL COULD
CONSIDER IS TO DIRECT STAFF TO STRIKE PARTICULAR LANGUAGE, AND THEN WE COULD
COME BACK AND RE-INTRODUCE THE ORDINANCE WITHOUT THAT LANGUAGE AT A FUTURE
COUNCIL MEETING.
>> MAYOR SALWAN: OKAY.
THEN THE OTHER QUESTION THAT COMES UP IS ABOUT THE MUNICIPAL LANGUAGE ABOUT
CRIMINAL BEHAVIOR AND THE THOUSAND DOLLAR FINE.
COULD YOU EXPAND UPON THAT, HOW THAT CAME TO BEING AND HOW IS THAT COMPATIBLE
WITH OTHER JURISDICTIONS THAT YOU'VE MENTIONED BEFORE?
>> CTY. ATTNY. ALVARADO: CERTAINLY.
MOST CITIES HAVE INCLUDED LANGUAGE DERIVED FROM CALIFORNIA GOVERNMENT CODE
SECTION 36901.
THAT SECTION AUTHORIZES CITIES TO IMPOSE A ENFORCEMENT MECHANISM THAT IS
REFLECTED IN OUR ORDINANCE, WHICH IS TO MAKE A VIOLATION OF A MUNICIPAL CODE A
MISDEMEANOR AND AUTHORIZES A FINE UP TO A THOUSAND DOLLARS.
SO 90% OF THE CAMPING ORDINANCES OF THE CITYS THAT WE REVIEWED INCLUDE
AUTHORITIES TO CITE AND CHARGE SOMEONE AS A MISDEMEANOR AND TO IMPOSE A
VIOLATION OF FINE UP TO THE AMOUNT OF $1,000.
SO THE AUTHORITY DERIVES FROM STATE LAW, AND MANY LOCAL AGENCIES HAVE USED THAT
AUTHORITY IN DEVELOPING THEIR LOCAL ORDINANCES.
>> MAYOR SALWAN: I THINK YOU SAID UP TO A THOUSAND?
>> CTY. ATTNY. ALVARADO: UP TO A THOUSAND.
SOME CITIES HAVE FINES THAT ARE LOWER THAN A THOUSAND.
I'VE SEEN RANGES STARTING FROM 250 ALL THE WAY UP TO 1,000.
>> MAYOR SALWAN: AND WOULD WE BE ABLE TO MODIFY THE FINE?
>> CTY. ATTNY. ALVARADO: IF THE COUNCIL MAJORITY DESIRES TO DO SO, IT CAN CERTAINLY
DIRECT STAFF TO MAKE AN EDIT AND COME BACK ON REINTRODUCTION WITH THAT CHANGE.
>> MAYOR SALWAN: AND WHAT IS THE THINKING FROM A LEGAL STANDPOINT ABOUT THE
FINE?
WHAT IS THE INTENT OR, YOU KNOW, IF YOU COULD EXPLAIN THAT TO US.
>> CTY. ATTNY. ALVARADO: SURE.
AT THE END OF THE DAY, THESE PROVISIONS ARE INTENDED TO COMPEL BEHAVIOR IN
EXTREME SCENARIOS WHERE THE CITY IS UNABLE TO OBTAIN VOLUNTARY COMPLIANCE.
ALTHOUGH WE HAVE THIS PROVISION IN THIS ORDINANCE AND ON OUR BOOKS ALREADY, THE
CAMPING ORDINANCE WITH RESPECT TO PARKS IS A GOOD REFERENCE POINT.
WE'RE ALLOWED TO ENFORCE THAT BAN SIMILARLY, IT'S A MISDEMEANOR SUBJECT TO A
THOUSAND DOLLAR FINE BUT WE HAVEN'T USED THAT ENFORCEMENT MECHANISM.
WHAT WE'VE DONE IS, I UNDERSTAND, OUR MET TEAM TYPICALLY GOES OUT, PROVIDES
SERVICES AND MOST OF THE TIME OBTAINS VOLUNTARY COMPLIANCE, BUT IT IS A TOOL THAT
CITIES HAVE TO ADDRESS EXTREME SCENARIOS WHERE A MEMBER OF THE COMMUNITY MAY
NOT DESIRE TO ADHERE TO THE CITY'S OBJECTIVES WITH RESPECT TO IMPLEMENTATION OF
ITS ORDINANCES.
>> MAYOR SALWAN: THANK YOU.
I THINK I WOULD LIKE TO SEE THE AIDING AND ABETTING REMOVED, BUT WE'LL HAVE
FURTHER DISCUSSION ON THAT.
AND MAYBE LOOK AT THE LIMIT OF THE FINE.
AND THEN I WANTED TO TALK TO OUR CHIEF, WHO'S PRETTY MUCH GOING TO BE
IMPLEMENTING A LOT OF THIS AND WEIGHING THE PROS AND CONS, WHEN IS THE BEST TIME
TO, YOU KNOW, CARROT VERSUS STICK, WHEN DO YOU HELP AND THEN WHEN DO YOU
INTERVENE.
SO HOW DOES THE FREMONT POLICE DEPARTMENT INTEND TO IMPLEMENT THIS ORDINANCE
IF IT WAS EFFECTIVE?
>> YES, THANK YOU, MAYOR.
COUNCILMEMBERS.
CITY STAFF AND OUR COMMUNITY.
YES, WE'VE HAD A LOT OF DIALOGUE OVER THE LAST FEW MONTHS, AND LIKE THE CITY
ATTORNEY STATED, WE ALREADY HAVE A CAMPING BAN IN OUR PARKS.
AND WE DID A LITTLE BIT OF RESEARCH AND WE WERE UNABLE TO FIND A SITUATION IN
WHICH WE'VE ACTUALLY MADE A PHYSICAL ARREST FOR, YOU KNOW, A VIOLATION IN OUR
PARKS.
AND SO WE HAVE POLICIES THAT HAVE BEEN IN PLACE FOR A LONG TIME REGARDING OUR
RESPONSE AS A POLICE DEPARTMENT TO OUR UNHOUSED COMMUNITY.
TREATING -- THESE FOLKS ARE A PART OF OUR COMMUNITY AND TREATING THEM WITH
DIGNITY AND RESPECT IS VERY IMPORTANT AND EMBEDDED IN OUR POLICIES.
THE INTENT WILL NEVER BE TO ARREST SOMEONE FOR BEING UNHOUSED, AND IN FACT, OUR
POLICIES PROHIBIT US FROM DOING THAT.
AS THE CITY ATTORNEY STATED, THIS ORDINANCE IS ANOTHER TOOL TO BRING SOME BALANCE
TO WHERE THERE'S CONFLICT OR A HAZARD OR A SAFETY CONCERN TO OUR COMMUNITY,
AND ONLY IN THOSE EXTREME SITUATIONS WHERE WE ARE UNABLE TO GET VOLUNTARY
COMPLIANCE WOULD WE ESCALATE TO UTILIZING THIS ORDINANCE.
AND SO IN ADDITION TO OUR POLICY OVER THE LAST FEW DAYS, DISCUSSING WITH MY STAFF,
AS WELL AS OUR MOBILE EVALUATION TEAM, THE MET TEAM, ON HOW TO IMPLEMENT THIS,
AND SO WE CERTAINLY HAVE THE ORDINANCE ITSELF, WE HAVE OUR POLICIES THAT ARE
EMBEDDED IN OUR POLICE DEPARTMENT THAT ARE ONLINE, I BELIEVE IT'S POLICY 422, THAT
ARE ONLINE FOR US NOW, I COULD BE WRONG, AND THEN WE WANTED TO ENSURE THAT WE
HAD CLEAR OPERATIONAL GUIDELINES FOR OUR OFFICERS, MEANING WHEN WE SAY IN LAW
ENFORCEMENT THE COMMANDER'S INTENT, WHAT IS MY INTENT BEHIND IF WE HAD TO
UTILIZE THIS ORDINANCE?
SO BRINGING ALL THOSE THINGS TOGETHER, THE INTENT IS SIMILAR TO WHEN WE DEAL WITH
OUR YOUTH IN OUR SCHOOLS, ARREST IS THE LAST OPTION.
AND IT'S ONLY IN THOSE EXTREME SITUATIONS IN WHICH WE DO IDENTIFY SOME SORT OF
CONFLICT OR HAZARD OR SAFETY ISSUE AND WE'RE UNABLE TO GET COOPERATION WOULD
THAT OCCUR.
TALKING TO THE MOBILE EVALUATION TEAM AND THE OFFICERS AND MY STAFF, IN THE VAST
MAJORITY OF THE TIMES IN WHICH WE'VE HAD THOSE CONFLICTS AND WE'VE ASKED
INDIVIDUALS TO EITHER MOVE ALONG OR FIND A DIFFERENT PLACE, OVER 95% OF THOSE OR
MORE, WE RECEIVE VOLUNTARY COMPLIANCE.
AND SOMETIMES WHEN WE DON'T GET COMPLIANCE, THERE'S SOMETHING ELSE GOING ON.
THERE MAY BE A MENTAL HEALTH ISSUE OR SOMETHING ELSE THAT REQUIRES NOT EVEN
ARREST IN THAT SITUATION, IT REQUIRES A DIFFERENT TYPE OF RESPONSE IN WHICH WE TRY
TO USE ALL THE RESOURCES AVAILABLE TO US TO MITIGATE THE SITUATION.
AND SO I'M CONFIDENT THAT WITH THE ORDINANCE, THE INTENT OF THE ORDINANCE, THE
POLICIES WE HAVE IN PLACE, AND OUR OPERATIONAL GUIDELINES, THAT WE WILL CONTINUE
TO, IF APPROVED BY YOU ALL TONIGHT, CONTINUE TO UTILIZE THIS TOOL AS WE'VE DONE
WITH THE ORDINANCES THAT ARE ALREADY IN EXISTENCE.
>> MAYOR SALWAN: THANK YOU.
THAT WAS IMPRESSIVE, YOU SAID ZERO ARRESTS IN THE PARKS, EVEN THOUGH YOU HAVE
THIS CAMPING BAN?
>> YES, WE WENT BACK QUITE A WHILE AND WE COULD NOT FIND A SINGLE SITUATION IN
WHICH WE UTILIZED THAT ORDINANCE AND IN THAT MANNER.
>> MAYOR SALWAN: SO HOW WILL YOUR DEPARTMENT MAKE SURE THAT THESE POLICIES ARE
IMPLEMENTED FAIRLY AND CONSISTENTLY?
>> WELL, IT'S THE POLICIES WE HAVE IN PLACE AND THE ACCOUNTABILITY THAT WE HAVE
EMBEDDED INTO OUR DEPARTMENT.
SO FIRST OF ALL, OUR OFFICERS UNDERSTAND THE COMPLEXITY OF THIS ISSUE.
AND THEY UNDERSTAND THE COMMANDER'S INTENT.
THEY ALSO WANT TO BE RESPONSIVE TO THE NEEDS OF OUR ENTIRE COMMUNITY IN WHICH
WE SOMETIMES HAVE SITUATIONS IN WHICH WE HAVE TO RESOLVE IT.
OUR BUSINESS OWNERS, OUR HOMEOWNERS AND OTHERS SOMETIMES, AND JUST GENERAL
PUBLIC SAFETY.
AND SO IN ADDITION TO OUR POLICIES, IN ADDITION TO THE COMMANDER'S INTENT,
ESPECIALLY WITH SOMETHING OF GREAT INTEREST TO OUR COMMUNITY, I'M GOING TO
IMPLEMENT A REQUIREMENT, HAVEN'T BEEN MANDATED, HAVEN'T BEEN ASKED TO DO THIS
BUT IF APPROVED TONIGHT, WHERE WE DO COLLECT THE DATA, AND WE'RE ABLE TO SHARE
THAT DATA WITH OUR COMMUNITY TO ENSURE THAT IF THERE ARE SITUATIONS THAT ARE
CONCERNING TO OUR COMMUNITY, WE CAN TALK ABOUT IT AND MAKE SOME ADJUSTMENTS
IF NECESSARY.
SO THAT'S SOMETHING THAT WE'VE BEEN COMMITTED TO.
WE DID SOMETHING SIMILAR WHEN WE DID THE SIDE SHOW ORDINANCE, YOU KNOW, WE
COLLECTED DAVE TA, BUT WE UNDERSTAND THAT THIS IS IMPORTANT TO OUR COMMUNITY,
AND IN THE SPIRIT OF TRANSPARENCY AND THE CONFIDENCE THAT I HAVE, THAT THEY WILL
CONTINUE TO UTILIZE THIS TOOL AS THEY HAVE OTHER TOOLS IN THE PAST, THAT DATA WILL
BE AVAILABLE TO YOU AND ALL OF THE PUBLIC SO THAT YOU CAN SEE THE RESULTS OF THIS
ORDINANCE.
>> MAYOR SALWAN: THANK YOU, CHIEF.
THE DATA IS MUSIC TO MY EARS.
THAT WOULD BE WONDERFUL.
SPEAKING OF BUSINESSES, I WAS WONDERING IF WE COULD GET THE ECONOMIC
DEVELOPMENT DIRECTOR TO COME IN AND GIVE US A LITTLE HIGHLIGHT.
I KNOW YOU WORK CLOSELY -- OR DIRECTOR DONOVAN WORKS -- UNDERSTANDING HOW
BUSINESS IS IMPACTED AND OVERALL YOUR ASSESSMENT.
HELLO, DONOVAN.
FROM YOUR EXPERIENCE AND EXPERTISE WORKING WITH BUSINESS OWNERS, WHAT SORT OF
CONCERNS HAVE YOU HEARD ABOUT RELATED TO THE UNHOUSED AND THESE
ENCAMPMENTS?
>> THANK YOU FOR YOUR QUESTION.
FOCUSING STRICTLY ON THE IMPACTS TO OUR BUSINESSES, IT WOULD NOT BE AN
EXAGGERATION TO SAY THAT ENCAMPMENT AND HOMELESS-RELATED IMPACTS ARE THE
NUMBER ONE ISSUE THAT WE HAVE TO DEAL WITH, WITH RESPECT TO COMPLAINTS FROM
BUSINESSES, CHALLENGES TO INVESTING IN FREMONT FROM BUSINESSES, YOU KNOW,
RANGING FROM SMALL MOM AND POP, RESTAURANTS AND RETAILERS, ALL THE WAY TO
LARGE MULTI-NATIONAL BUSINESSES IN SILICON VALLEY.
WE FIELD QUESTIONS AND COMPLAINTS ON A NEAR DAILY BASES AND ADMITTEDLY IT IS A
CHALLENGE.
IT IS A CHALLENGE FOR US BECAUSE WHILE A LOT OF BUSINESSES ARE SYMPATHETIC TO THE
FACT THAT THIS IS A HUMANITARIAN CRISIS THAT WE ARE, YOU KNOW, SEEING NOT JUST IN
FREMONT BUT IN MANY OTHER CITIES THROUGHOUT OUR REGION, THEY ARE ALSO, QUITE
FRANKLY, VERY FED UP AND THEY WANT TO SEE MORE FROM THE CITY .
>> MAYOR SALWAN: SO ANY CONCERNS ABOUT THEIR CUSTOMER EXPERIENCES OR
EXPERIENCES WITH THEIR EMPLOYEES OR HOW THEY HAD TO CHANGE BUSINESS OPERATIONS
THAT YOU'VE ENCOUNTERED?
>> THE EXPERIENCES VARY WILDLY, AND VARY NOT ONLY BY THE TYPE OF BUSINESS BUT ALSO,
WHERE THE BUSINESS IS LOCATED, SO EXPERIENCING EVEN HIGHER DISPROPORTIONATE
IMPACTS THAN OTHER PARTS OF THE CITY, AND IN SOME OF THOSE REALLY HIGHLY -- WE'VE
SEEN IT PLAY OUT IN AFFECTING BUSINESS DECISIONS, SO BUSINESSES CHOOSING TO NOT
RENEW THEIR LEASES OR LEAVE AREAS OR SIMPLY JUST NOT COMING TO FREMONT BECAUSE
THERE'S A FACILITY THAT THEY WOULD OTHERWISE LIKE TO LOCATE IN, WORKS FOR ALL THEIR
OTHER NEEDS, BUT THE CONCERNS ABOUT THE CHARACTERISTICS OF THE STREET AND
CONCERNS AROUND SAFETY AND VISIBLE BLIGHT HAVE IMPACTED THEIR ULTIMATE DECISION
TO LOCATE HERE.
>> MAYOR SALWAN: AND COULD YOU HIGHLIGHT THOSE HOT SPOTS, LIKE WHAT AREAS
DISTRICTS ARE MORE DISPROPORTIONATELY AFFECTED?
>> THERE ARE QUITE A FEW.
I THINK THAT THE DISPROPORTIONATE IMPACTS TEND TO FALL UPON OUR INDUSTRIAL AREAS,
AND THAT'S A CHARACTERISTIC THAT IS NOT UNIQUE TO FREMONT.
WE HAVE SEEN THAT REALLY THROUGHOUT THE 880 CORRIDOR AND SOUTH BAY AND
PENINSULA, AND SO THE AREA THAT'S COMMONLY REFERRED TO AS CABS, BUT CHRISTY,
ALBRAE, BOSCELL, STEWART, THAT HAS BEEN CERTAINLY A VERY IMPACTED AREA.
WE ALSO HAVE PART OF OUR BAYSIDE TECHNOLOGY PARK THAT IS KNOWN AS NORTHPORT,
THAT HAS A CLUSTER OF LEADING ADVANCED TECHNOLOGY COMPANIES, THERE CERTAINLY
HAS BEEN A LOT OF CONSTERNATION EXPRESSED BY SOME OF THE STAKEHOLDERS OF THAT
BUSINESS PARK AREA.
AND THEN WE DO HAVE COMMERCIAL CORRIDORS THAT INCLUDE OUR BURGEONING
DOWNTOWN AND SOME OF OUR HISTORIC DISTRICTS THAT HAVE EXPERIENCED CHALLENGES
AND VOICED CONCERNS AND FRUSTRATIONS AND THOSE ARE, OF COURSE, SPREAD OUT
THROUGHOUT THE CITY .
>> MAYOR SALWAN: THANK YOU, THAT'S ALL THE QUESTIONS I HAD FOR NOW.
I'LL TURN IT OVERTOP VICE MAYOR CAMPBELL.
FOR MORE QUESTIONS.
>> MS. GAUTHIER: COUNCILMEMBER SHAO ALSO HAS HIS HAND UP .
>> MAYOR SALWAN: SORRY, COUNCILMEMBER SHAO.
>> COUNCILMEMBER SHAO: THANK YOU, MR. MAYOR.
I HAVE A QUESTION FOR OUR POLICE CHIEF.
OKAY, GOOD EVENING, CHIEF.
>> GOOD EVENING.
>> COUNCILMEMBER SHAO: I'M SURE THAT WE DISCUSSED ABOUT THIS BEFORE, BUT FOR
THE PUBLIC'S SAKE, COULD YOU TELL US WHAT YOUR ANNUAL BUDGET IS?
>> YES, PUT ME ON THE SPOT THERE.
I BELIEVE IT'S ABOUT $123 MILLION.
>> COUNCILMEMBER SHAO: THANK YOU.
THANK YOU VERY MUCH.
I DIDN'T MEAN TO DO THAT.
ACTUALLY I DIDN'T MEAN TO ASK YOU FOR SPECIFIC NUMBER.
ALL I NEED IS SOME RANGE.
THEN ONCE AGAIN, I DON'T WANT TO PUT YOU ON THE SPOT, BUT I REMEMBER THAT YOU
ORIGINALLY TOLD ME THE PERCENTAGE OF POLICE CALLS THAT ARE RELATED TO
HOMELESSNESS DAILY, AND I DON'T NEED THE SPECIFIC NUMBER.
DO YOU AGREE OR DISAGREE THAT THAT PERCENTAGE IS AT LEAST 10%?
>> YES, THAT'S ACCURATE.
>> COUNCILMEMBER SHAO: THANK YOU.
ALSO, ADDITIONAL QUESTION IS THAT -- I'M SURE THAT WE TALKED ABOUT THIS.
SO AFTER THE CITY COUNCIL PASSED THE ORDINANCE REGARDING RV PARKING, HAS THE
POLICE DEPARTMENT STARTED ENFORCING SUCH ORDINANCE AND RECEIVE POSITIVE
FEEDBACK FROM THE RESIDENTS AND BUSINESS?
>> YES, SIR, WE HAVE RECEIVED QUITE A BIT OF POSITIVE FEEDBACK.
>> COUNCILMEMBER SHAO: THANK YOU VERY MUCH.
THAT'S ALL FOR NOW FOR YOU.
THANK YOU.
ALSO, FOR LAURIE, I JUST WANT YOU TO SHARE WITH THE PUBLIC, WHAT IS THE AVERAGE
NUMBER OF MONEY, JUST ROUGHLY, FOR HUMAN SERVICES DEPARTMENT WITHIN THE LAST
THREE YEARS?
GIVE ME A RANGE.
>> MAYOR SALWAN: SPENT ON THE UNHOUSED OR WHAT SPECIFICALLY --
>> COUNCILMEMBER SHAO: NO, JUST OVERALL -- SHARED IN A QUESTIONNAIRE --
>> THE HUMAN SERVICES DEPARTMENT HAS AN ANNUAL BUDGET OF ABOUT $30 MILLION.
>> COUNCILMEMBER SHAO: NO, SORRY IF I DIDN'T MAKE MY QUESTION CLEAR.
SO FOR THAT $30 MILLION BUDGET, HOW MANY MILLIONS OF DOLLARS ARE BUDGETED FOR
HOMELESSNESS?
>> MR. STOTT: THE CITY'S HOMELESSNESS RESPONSE PLAN DETERMINED THAT AMONGST
VARIOUS CITY PROGRAMS, THE CITY SPENDS APPROXIMATELY 7 1/2 MILLION DOLLARS ON
DIRECT HOMELESSNESS RESPONSE RELATED ACTIVITIES.
THERE ARE OTHER EXPENDITURES THAT EITHER TANGENTIALLY IMPACT HOMELESS SERVICES
OR ARE AVAILABLE TO BOTH HOUSED AND UNHOUSED.
>> I ALSO WANT TO JUST ADD THAT WITHIN THAT 7 MILLION, IT COVERS THE COST OF THE
MET TEAM OFFICERS AND SERGEANT, OR OUR CLEAN-UP COST.
SO OUR CONTRACTOR THAT DOES DEGREE REMOVAL WITHIN THAT 7 MILLION, IT ALSO
COVERS SOME ENFORCEMENT AND MITIGATION COSTS, IT'S NOT SOLELY SERVICES.
>> COUNCILMEMBER SHAO: OKAY, THANK YOU.
SO THE NUMBERS THAT I RECEIVED EARLIER BETWEEN 8 TO $9 MILLION PER YEAR WITHIN THE
LAST THREE YEARS, WOULD THAT BE CLOSE TO REALITY IN TERMS OF THE BUDGETED
EXPENSES ON HOMELESSNESS WITHIN THE LAST THREE YEARS BY FREMONT?
>> SO WE HAVE THAT DATA READILY AVAILABLE IN OUR HOMELESS RESPONSE PLAN, AND IN
2023, IT WAS AROUND $9.7 MILLION.
23-24 WAS 7.5 MILLION AND 24-25 IS 8 MILLION.
I ALSO WANT TO ADD THAT IN 2022 AND 2023, WE HAD THE RENTAL ASSISTANCE FUNDING
THAT WE RECEIVED FROM THE STATE AND FEDERAL GOVERNMENT TO PREVENT
HOMELESSNESS, SO THAT'S WHY THERE IS A DROPOFF FROM THAT YEAR.
>> COUNCILMEMBER SHAO: OKAY.
THANK YOU VERY MUCH.
SO I JUST WANT TO PUT OUT THE NUMBERS THERE BECAUSE I'M GOING TO USE THOSE
NUMBERS LATER.
THANK YOU SO MUCH.
>> MAYOR SALWAN: VICE MAYOR CAMPBELL.
>> VICE MAYOR CAMPBELL: THANK YOU, MAYOR.
AND TEAM.
I LIKE -- THE MAYOR HAS A LOT OF QUESTIONS.
>> MAYOR SALWAN: THE ONE TIME.
>> VICE MAYOR CAMPBELL: I THINK I HEARD THAT WE COULD REMOVE THE LANGUAGE, THE
STATEMENT ABOUT THE FEES, AIDING AND CRIMINAL FINES AND ADDITIONAL CIVIL PENALTIES
THAT CAN BE BROUGHT FROM THE CITY ATTORNEY'S OFFICE FROM THE ORDINANCE.
HOWEVER, WE STILL HAVE IT IN CHAPTER 1 OF THE MUNICIPAL CODE.
SO IT REALLY DOESN'T MATTER.
IT WON'T HAVE AN IMPACT ON THE ABILITY TO BE ABLE TO ENFORCE?
>> CTY. ATTNY. ALVARADO: SUBSTANTIVELY IF YOU WERE TO REMOVE THE AIDING AND
ABETTING LANGUAGE AND THE FINE AMOUNT FROM THE LANGUAGE OF THE ORDINANCE
ITSELF, IT WILL STILL EXIST WITHIN CHAPTER 1 OF YOUR MUNICIPAL CODE AND IN THEORY,
CHAPTER 1 COULD BE USED TO ENFORCE THE PROVISIONS OF THIS ORDINANCE EVEN IF YOU
STRIKE THAT THIS EVENING.
>> VICE MAYOR CAMPBELL: OKAY.
GIVEN THAT FREMONT DOES NOT HAVE A JAIL, AND THIS ORDINANCE WOULD ALLOW FOR
JAIL TIME OR INCARCERATION, WHAT WOULD WE DO IF WE HAD TO GO DOWN THAT ROAD?
WHAT WOULD THE OUTCOME BE?
>> WELL, WE STILL OPERATE A HOLDING FACILITY BUT NOT AN OVERNIGHT FACILITY THAT
HOUSES ARRESTEES AND EVEN WHEN WE DID, WE COULD ONLY HOLD THEM FOR A CERTAIN
AMOUNT OF DAYS.
OTHER THAN OUR PAY TO -- IT'S JUST A HOLDING FACILITY UNTIL THE COURT PROCEEDINGS
AND DUE PROCESS IS ACHIEVED.
SO AS WE DO NOW WITH ANY OTHER ARREST THAT WE HAVE DEPENDING ON THE OFFENSE,
THEY WOULD GO TO OUR STATION AND THEY WOULD RECEIVE -- THEY WOULD BE BOOKED
AND BE LIKELY GO THROUGH THE PROCESS.
OFTENTIMES IF IT WAS A MISDEMEANOR, THEY'RE RELEASED BACK OUT ON A CITATION.
THERE ARE SOME EXCEPTIONS IF WE -- BUT THAT GENERALLY IS THE PROCESS.
YOU KNOW, WE TRANSPORT SOME SUSPECTS OUT TO THE COUNTY WHEN THE OFFENSE IS
SERIOUS AND THERE IS JUSTIFICATION TO DO SO.
>> VICE MAYOR CAMPBELL: BUT IN THIS PARTICULAR CASE, IT SAYS SIX MONTHS.
SO WHERE WOULD WE -- IF WE HAD TO GO DOWN WITH THE INCARCERATION FOR THE
STICKS MONTHS AS INDICATED IN THE ORDINANCE, HOW DOES THAT PLAY OUT?
>> I THINK THAT THE CITY ATTORNEY MIGHT BE ABLE TO HELP ME OUT HERE, BUT THE SIX
MONTHS AND THE FINES IS PRETTY TYPICAL -- TYPICALLY ASSOCIATED WITH A MISDEMEANOR
OFFENSE.
I WANT TO BE CLEAR HERE THAT SIX MONTHS IS WHAT THE EXPOSURE IS, AND NOT
NECESSARILY WHAT'S GOING TO HAPPEN.
AND SO IN MY THOUGHT, WE USE DISCRETION ALL THE TIME, SO IF SOMEONE HAD ANOTHER
-- THERE ARE WAYS IN WHICH IF IN THE INTEREST OF JUSTICE, CHARGES COULD BE DISMISSED,
FOR INSTANCE, OR WE COULD RECOMMEND ALTERNATIVES, BECAUSE THE OBJECTIVE ONCE
AGAIN IS TO GAIN COMPLIANCE AND IT'S NOT TO BE PUNITIVE AT ALL.
SO EVEN IF A PERSON WAS ARRESTED AND THAT'S GOING TO BE RARE, MY OPINION, IF AT ALL,
THEY WOULD HAVE TO HAVE DUE PROCESS AND THE QUOTE-UNQUOTE PENALTY WOULD
HAVE TO RESULT IN THE SIX MONTHS.
IT COULD BE TWO MONTHS.
IT COULD BE TWO WEEKS, IT COULD BE WHATEVER IT IS, BUT WE -- AT THE ARREST STAGE OF
THE INTERACTION.
>> VICE MAYOR CAMPBELL: I SEE.
SO A FOLLOW-ON TO THAT.
SO YOU SAY IT JUST A HOLDING FACILITY.
SO THAT MEANS THAT IF WE WERE TO HAVE TO TAKE A UNHOUSED PERSON BECAUSE OF LACK
OF COMPLIANCE, OF COURSE, AND THEY WOULD GO TO THE HOLDING FACILITY FOR THE DAYS
UNTIL THE ARRAIGNMENT COMES, WHAT HAPPENS TO THEIR PERSONAL PROPERTY AT THAT
TIME?
>> YES, GREAT QUESTION.
EMBEDDED IN OUR POLICIES ARE RULES THAT WE HAVE TO CARE FOR THAT PROPERTY.
WE CAN'T ABANDON IT, IT THEIR PROPERTY.
SO WE WOULD TAKE THE -- TRY TO WORK WITH THE INDIVIDUAL TO SECURE THE PROPERTY
FOR ONE, AND IF WE CAN'T, THEN WE TAKE IT FOR SAFE KEEPING, DOCUMENT IT, INVENTORIY
THE PROPERTY, AND THEN KEEP IT UNTIL THEY'RE READY TO RETRIEVE IT.
>> VICE MAYOR CAMPBELL: AND HOW LONG IS THE PROCESS?
WE DON'T HAVE ROOM TO HOUSE EVERYBODY'S PERSONAL PROPERTY SO WHAT IS THE
TIMELINE OF HOUSING PERSONAL PROPERTY?
>> I BELIEVE IT'S 90 DAYS THAT WE GIVE AN INDIVIDUAL TO COME AND RETRIEVE THE
PROPERTY.
I COULD BE WRONG, THE CITY ATTORNEY IS PROBABLY LOOKING AT ME AND SAYING THAT'S
NOT RIGHT, BUT AGAIN, TO YOUR POINT ABOUT THE PROPERTY AND HOW THERE COULD BE
AN EXTENSIVE AMOUNT OF PROPERTY, THAT JUST FURTHER HIGHLIGHTS THE POINT THAT
HAVING AN PHYSICAL ARREST IS NOT SOMETHING ESPECIALLY WITH LIMITED RESOURCES
THAT WE WANT TO GO DOWN THAT PATH, BECAUSE IT WILL TAKE A FEW OFFICERS OFF THE
STREET FOR QUITE A WHILE.
>> VICE MAYOR CAMPBELL: OKAY.
SO GIVEN THAT THE PERSON IS ALREADY UNSHELTERED, LIVING IN AN ENCAMPMENT OR ON
THE STREET, AND WE DO HAVE TO PUT THEM INTO A HOLDING FACILITY, INVENTORY THEIR
PROPERTY FOR 90 DAYS AND WHEN THEY'RE RELEASED, WHERE DO THEY GO?
>> WELL, I MEAN, THEY'RE BACK INTO SOCIETY, OF COURSE.
>> VICE MAYOR CAMPBELL: BACK INTO AN UNSHELTERED ENVIRONMENT WHERE THEY CAME
OUT.
>> CORRECT.
BUT HOPEFULLY IN COMPLIANCE WITH WHAT WE INTENDED TO DO IN THE FIRST PLACE,
WHICH IS TO AVOID THAT CONFLICT OR HAZARDOUS SITUATION THAT CAUSED THIS TO HAVE
THE INTERACTION IN THE FIRST PLACE.
>> VICE MAYOR CAMPBELL: OKAY, THAT'S GOOD TO HEAR.
HOW ARE THE FINES GOING TO BE COLLECTED?
IF YOU DO HAVE TO TAKE THEM TO THE HOLDING FACILITY?
>> AGAIN, THAT'S NOT OUR ROLE AT THE POLICE DEPARTMENT.
I CAN DEFER TO THE CITY MANAGER AND MAYBE GIVE A BETTER EXPLANATION.
BUT AGAIN, EVERYBODY IS ENTITLED TO DUE PROCESS.
THERE'S A PROCESS FOR ALL OF THIS AND HOW THE FINES ARE COLLECTED, THAT'S GOING TO
BE A DIFFERENT KINDS OF MECHANISM OUTSIDE OF THE POLICE DEPARTMENT.
>> VICE MAYOR CAMPBELL: I SEE.
>> MAYOR SALWAN: EXCUSE ME, IF WE COULD KEEP IT DOWN IN THE AUDIENCE, PLEASE?
THANK YOU.
>> CTY. ATTNY. ALVARADO: JUST TO ADD A LITTLE BIT OF FACTS.
AN INDIVIDUAL WOULD BE ARRESTED, THAT INDIVIDUAL IS NOT SUBJECT TO SIX MONTHS OF
JAIL AND A THOUSAND DOLLAR FINE ON THAT DAY.
THE INDIVIDUAL WOULD HAVE TO BE PROSECUTED AND FOUND -- AND CONVICTED, THEN
THEY WOULD SERVE THEIR JAIL TIME AND THE FEE WOULD BE IMPOSED AS PART OF
SENTENCING, AND TYPICALLY THE COUNTY HAS A COLLECTIONS PROCESS IN WHICH THOSE
FEES ARE COLLECTED AS PART OF THE COURT PROCESSES.
SO AFTER THE POLICE DEPARTMENT COMPLETES ITS ARREST AND THE PERSON IS
DOCUMENTED THROUGH THE POLICE DEPARTMENT'S PROCEDURES, THE D.A.'S PROCESS AND
CRIMINAL PROSECUTION PROCESS IS A COMPLETE SEPARATE PROCESS THAT BEGINS AND
EFFECTIVELY THE DEPARTMENT WILL SERVE IN A SUPPORT CAPACITY BULL IT REALLY IS A
COURT PROCESS AT THAT POINT.
THE MISDEMEANOR AND FINE LANGUAGE THAT YOU SEE THERE IS INTENDED TO PROVIDE
ANYONE NOTICE THAT A VIOLATION AND A CONVICTION COULD RUGS IN A MISDEMEANOR,
PENALTY AND FINE OF UP TO $1,000 BUT THAT DOESN'T HAPPEN AT THE MOMENT OF ARREST.
>> VICE MAYOR CAMPBELL: OKAY, THANK YOU.
CAN YOU SHARE WITH ME THE CALIFORNIA GOVERNOR GAVE AN EXECUTIVE ORDER, AND THE
LITIGATION CASE WITH THE GRANT PASS PROVIDED OPPORTUNITIES FOR CITIES TO BE ABLE
TO MOVE PEOPLE -- BE ABLE TO MOVE PEOPLE ALONG ESSENTIALLY.
WHY IS IT NECESSARY, THEN, FOR THE CITY OF FREMONT TO BE ABLE TO CONSIDER AN
ORDINANCE SINCE IT ALREADY BEEN LITIGATED AND ADJUDICATED AND THERE IS AN
EXECUTIVE ORDER.
>> CTY. ATTNY. ALVARADO: THE UNITED STATES SUPREME COURT RULING IN THE GRANTS PASS
CASE JUST CLARIFIES THAT LOCAL ORDINANCE -- THAT GOVERNMENTS, LOCAL GOVERNMENTS
CAN ENFORCE ORDINANCES IF THEY DESIRE TO ADOPT THEM.
IT DOESN'T SAY THAT YOU MUST.
IT JUST SAYS THAT IF YOU HAVE THEM ON YOUR BOOKS, BECAUSE SOME CITIES DID HAVE
THEM ON THEIR BOOKS AT THE TIME THAT THE BOISE CASE WAS ADJUDICATED BY THE NINTH
CIRCUIT AND BEFORE THE SUPREME COURT ULTIMATELY OVERTURNED IT, THERE WERE CITIES
THAT HAD THEM ON THE BOOKS AND COULD NOT ENFORCE THEM.
THE SUPREME COURT ESSENTIALLY SAID IF YOU HAVE THOSE ON THE BOOKS, YOU CAN
ENFORCE THEM, IF YOU ADOPT IT, YOU CAN'T ENFORCE IT WITHOUT VIOLATING THE FEDERAL
CONSTITUTIONALS THAT ARE SUBJECT TO THAT ENFORCEMENT.
SO WITHOUT THE CITY ADOPTING A LOCAL ORDINANCE, THERE IS NO MECHANISM IN WHICH
THE LOCAL GOVERNMENT AT ISSUE COULD COMPEL BEHAVIOR.
SO YOU NEED TO ADOPT A LOCAL ORDINANCE IN ORDER TO BE ABLE TO ENFORCE IT.
THE GOVERNOR'S ORDER IS A REFLECTION OF THE STATE'S POSITION ON HOMELESS
ENCAMPMENT CLEAN-UP AND BASICALLY WHAT EXECUTIVE ORDER N-1-24 SAYS IS OF COURSE
THEY CAN'T COMPEL LOCAL GOVERNMENT, IT SIMPLY SAYS THAT IT ENCOURAGES LOCAL
GOVERNMENTS TO TAKE ACTION TO ROUX MAINLY REMOVE ENCAMPMENTS FROM PUBLIC
SPACES, PRIORITIZING THOSE THAT CAUSE A HEALTH AND THAT'S THE STATE OF THE LAW
NOW.
-- PURSUANT TO THE SUPREME COURT RULING AND CONSISTENT WITH THE GOVERNOR'S
EXECUTIVE ORDER, AND SINCE LAST SUMMER WE'RE AWARE OF AT LEAST 12 OTHER LOCAL
AGENCIES ON OUR SLIDE THAT HAVE ADOPTED SIMILAR ORDINANCES.
>> VICE MAYOR CAMPBELL: OKAY, THANK YOU FOR THAT.
AND SINCE YOU MENTIONED PUBLIC PROPERTY, THERE'S A STATEMENT IN THE ORDINANCE
THAT TALKS ABOUT PRIVATE PROPERTY.
DOES THAT PRIVATE PROPERTY MEAN A PERSON'S HOME, THEIR BACKYARD, OR IS IT PRIVATE -
- IF IT DOESN'T INCLUDE SOMEONE'S PRIVATE HOME, CAN WE CHANGE THE LANGUAGE SO
THAT IT IS PRIVATE PROPERTY AROUND COMMERCIAL AREAS?
>> CTY. ATTNY. ALVARADO: AS THE ORDINANCE HAS NOT BEEN ADOPTED, THE COUNCIL
MAJORITY CAN CHOOSE TO MAKE ADDITIONAL EDITS AND DIRECT STAFF TO DO SO AND
COME BACK WITH THEM.
THE CURRENT DRAFT OF THE ORDINANCE THAT WAS INTRODUCED BY THE CITY COUNCIL IN
DECEMBER DOES INCLUDE A LIMITATION ON CAMPING ON PUBLIC PROPERTY, AND PROVIDES
THAT AN INDIVIDUAL CAN ONLY DO THAT FOR A PERIOD NOT TO EXCEED 72 HOURS ON
PRIVATE PROPERTY.
THAT'S INCLUSIVE OF RESIDENTIAL PRIVATE PROPERTY .
>> VICE MAYOR CAMPBELL: AND -- OH, SO IT WOULD BE -- SO I THINK WHAT I'M HEARING
FROM THE PUBLIC IN TERMS OF THE PRIVATE PROPERTY PIECE IS THEY MAY WANT TO HAVE
SOMEBODY STAY IN THEIR -- PARK IN FRONT OF THEIR HOME.
I'VE ACTUALLY HEARD SOMEBODY TELL ME THAT THEIR FRIEND WAS PARKED IN FRONT OF
THEIR HOME AND THE NEIGHBORS INFORMED THEM, DON'T MESS WITH THIS PERSON
BECAUSE THAT'S MY FRIEND, AND HE'S COOL, AND IT WAS OKAY.
SO WHAT I'M SAYING IS, WHAT IF A PRIVATE -- A RESIDENT WHO OWNS A HOME ALLOWED
FOR A CAMPER THAT THEY KNEW, A FRIEND WHO WAS IN TROUBLE, TO SIT OUT IN FRONT OF
THEIR HOUSE FOR A WEEK, WOULD THAT BE A VIOLATION OF THE ORDINANCE?
>> CTY. ATTNY. ALVARADO: THE LANGUAGE STATES PROBABLY THE BEST TO JUST READ IT SO
WE'RE ALL STARTING FROM THE SAME PLACE.
SECTION 8.9.030 THAT TALKS ABOUT THAT IDENTIFIES THE LIMITATION UPON CAMPING ON
PUBLIC PROPERTY ALSO INCLUDES A SENTENCE THAT STATES, THIS SECTION IS NOT INTENDED
TO PROHIBIT CAMPING ON PRIVATE RESIDENTIAL PROPERTY BY FRIENDS OR FAMILY OF THE
PROPERTY OWNER SO LONG AS THE OWNER CONSENTS AND THE OVERNIGHT CAMPING IS
LIMITED TO NOT MORE THAN THREE CONSECUTIVE NIGHTS.
>> VICE MAYOR CAMPBELL: SO THAT'S WHY I SAID A WEEK, IF MY FRIEND SAYS OH, I HAVE A
PROBLEM, I NEED A WEEK TO GET MYSELF TOGETHER, IF THEY STAY MORE THAN THREE DAYS,
THEN THE HOMEOWNER IS SUBJECT TO THE FINES AND THE AIDING AND ABETTING?
>> CTY. ATTNY. ALVARADO: THAT'S CORRECT.
BUT PAST THE 72 HOURS, CAMPING WOULD NOT BE ALLOWED ON THAT PROPERTY .
>> VICE MAYOR CAMPBELL: OKAY.
WHAT DOES IT SAY ABOUT COMMERCIAL PROPERTY?
>> CTY. ATTNY. ALVARADO: IT DOES NOT STATE ANYTHING RELATED TO COMMERCIAL
PROPERTY .
>> VICE MAYOR CAMPBELL: OKAY.
SO THAT WOULD BE WHAT WE JUST HEARD FROM DONOVAN ABOUT BUSINESSES AND
HAVING CAMPING AROUND BUSINESSES, AND NOT BEING ABLE TOLL ALLOW FOR -- THE
ORDINANCE WOULD NOT PROTECT THE BUSINESSES FROM HAVING CAMPING AROUND THEIR
COMMERCIAL PROPERTY .
>> MR. STOTT: VICE MAYOR, FROM A PRACTICAL STANDPOINT, THE COUNCIL HAS ALSO
ALREADY ADOPTED LIMITATIONS ON PARKING FOR MORE THAN 72 HOURS IN PRIVATE
VEHICLES AND RVS, SO I THINK THAT WOULD BE THE MOST APPLICABLE RULE TO THE
SITUATION YOU'RE DESCRIBING AND TO PARKING AND OVERNIGHT PARKING IN THE
INDUSTRIAL AREAS, WHICH IS THE VAST MAJORITY OF THE -- OF THE UNHOUSED IMPACT IN
THOSE AREAS.
>> VICE MAYOR CAMPBELL: CORRECT.
OKAY.
I GOT A COUPLE MORE QUESTIONS AND THEN I WILL LET SOMEONE ELSE TALK.
CAN YOU SHARE WITH ME HOW THIS ORDINANCE WILL BE ENFORCED, GIVEN YOU
MENTIONED THAT WE HAD LIMITATIONS ON STAFFING, WE HAVE LARGE ENCAMPMENTS.
I ACTUALLY VISITED ONE DOWN IN ISHERWOOD THIS PAST WEEKEND.
I ALSO WENT OVER TO LAM RESEARCH AND VISITED THAT ONE AS WELL, AND I WANTED TO
UNDERSTAND THAT IF WE HAVE THIS ORDINANCE, AND THE FACT THAT WE DON'T HAVE A
PLACE FOR THESE FOLKS TO GO, BECAUSE WE JUST TALKED ABOUT THE LIMITATIONS IN TERMS
OF HOUSING, RIGHT NOW BASED ON WHAT I SAW JUST NOW, WE ONLY HAVE 159 BEDS, WE
ONLY HAVE SIX SAFE PARKING SPACES FOR 15 CARS, AND WHICH MEANS THAT GIVEN THE
REALITY OF WHAT I SAW, HOW WOULD WE -- WHAT ARE WE GOING TO DO IF THIS IS PASSED
AND WE HAVE TO ENFORCE, WHAT ARE WE GOING TO DO WITH THE FOLKS IN THESE
ENCAMPMENTS?
>> I'LL SPEAK TO KIND OF THE ENFORCEMENT PERSPECTIVE AND THEN MAYBE LAURIE
BECAUSE I THINK SHE HAS EXPERIENCE WITH, YOU KNOW, WHEN WE'VE HAD TO CLEAR OUT A
PARTICULAR AREA, WHAT TYPE OF SERVICES ARE AVAILABLE FOR THE FOLKS THERE.
YOU KNOW, AS I'VE STATED, WE ARE REALLY THE POLICE PERSPECTIVE, WE ARE REALLY
INTERESTED IN PRIORITIZING ENFORCEMENT WHERE WE PERCEIVE THAT THERE IS A PUBLIC
SAFETY CONCERN OR A CONFLICT OR A DISRUPTION OR UNREASONABLE DISRUPTION, RIGHT?
I MEAN, SO FROM MY PERSPECTIVE, WE TEAM WITH HUMAN SERVICES, THAT'S A
PARTNERSHIP SO IF THERE'S A PARTICULAR AREA, WE'LL CERTAINLY BE THERE AND WE PLAY A
ROLE, BUT WITH THIS PARTICULAR ORDINANCE, DAY IN AND DAY OUT, IN FACT, THE
EXPECTATIONS THAT I'VE GIVEN MY OFFICERS IS THAT THIS WON'T BE UTILIZED RANDOMLY.
WE HAVE TO BE ABLE TO ARTICULATE THE WHY BEHIND WHY ARE WE DOING THIS.
AND IT HAS TO FIT IN ONE OF THOSE CATEGORIES.
IT'S NOT JUST SOMEONE SLEEPING ON THE STREET OR CAMPING, THERE NEEDS TO BE THAT
PLUS.
AND THE PLUS HAS TO BE SOME SORT OF ISSUE OR CONCERN IMPACTING COMMUNITY WELL-
BEING OR THOSE TYPE OF THINGS.
SO IT'S KIND OF TWO SEPARATE THINGS BECAUSE IF WE HAVE LIKE AN ISHERWOOD, THAT
LARGE ENCAMPMENT, THERE CERTAINLY ARE -- THE ORDINANCE WOULD APPLY PLUS, BUT I
THINK THAT'S THE PARK ANYWAY, SO I THINK THEY MIGHT ALREADY APPLY, BUT OUR ROLE IS
JUST KIND OF LIMITED AS FAR AS ASSISTING AND WORKING TOGETHER WITH HUMAN
SERVICES TO ENSURE THAT WE'RE DOING THAT AND RELOCATING THOSE INDIVIDUALS OR
ASKING THEM TO MOVE ALONG, PROVIDING THEM THE RESOURCES AND DOING IT WITH
DIGNITY AND RESPECT.
SO I'LL DEFER TO MAYBE LAURIE FOR A LITTLE BIT MORE ON THAT.
>> I WOULD JUST ADD, VICE MAYOR, THE CITY IN THE ABSENCE OF SUFFICIENT RESOURCES TO
PROVIDE ADEQUATE SHELTER OR, YOU KNOW, GIVEN OUR LIMITED PUBLIC SAFETY
RESOURCES, PRACTICALLY SPEAKING, WE'RE LIKELY STILL GOING TO APPLY THE CITY'S
ESTABLISHED ENCAMPMENT CONDITION GUIDELINES AND APPLY LIMITED RESOURCES TO THE
MOST IMPACTED SITUATIONS OR IN INSTANCES WHERE WE FEEL LIKE WE CAN GET THE BEST
RESULTS.
SO THERE ARE ENCAMPMENTS THAT EXIST NOW AS THE CHIEF WAS SAYING THAT LIKELY
WOULD ALREADY QUALIFY FOR ENFORCEMENT BECAUSE STAFF HAS WEIGHED OUR OPTIONS
AND WE DON'T HAVE A GOOD OPTION.
WE HAVE NOT INTERVENED IN THOSE SITUATIONS.
ALTHOUGH THIS WOULD PROVIDE OUR POLICE DEPARTMENT WITH ANOTHER OPTION TO
INTERVENE.
IN THE ABSENCE OF THEM DOING SO, YOU KNOW, CENTRALIZED STAFF WOULD CONTINUE TO
LOOK TO OUR ENCAMPMENT CONDITION GUIDELINES.
>> VICE MAYOR CAMPBELL: THANK YOU, I HAVE ONE OTHER PRESSING POINT IN TERMS OF A
QUESTION AND IT HAS TO DO WITH MANAGING EXPECTATIONS.
THERE WHAT I UNDERSTAND FROM THE PROPOSAL THAT'S BEFORE US RIGHT NOW, IS THAT
THIS IS GOING TO BE A COMPLAINT BASE.
SO WE GET LOTS OF COMPLAINTS ALREADY.
AROUND UNSAFE CONDITIONS, IN ENCAMPMENTS AND PEOPLE LIVING ON THE STREETS.
AND I SUSPECT, I DON'T KNOW FOR SURE, THAT IF THIS IS PASSED, THE COMPLAINTS ARE
GOING TO SKYROCKET.
BECAUSE IT WAS LIKE PASS, OKAY NOW I CAN CALL AND COMPLAIN, I CAN COMPLAIN AND
FOR LACK OF A BETTER WORD PERHAPS WE WILL HAVE TO USE SOME SORT OF TRIAGE
METHOD, OR SOME PRIORITIZATION, OR HOWEVER WE'RE GOING TO PRIORITIZE, THE
COMPLAINTS AS THEY COME IN.
SO I WANTED TO UNDERSTAND HOW THE PROCESS IS GOING TO WORK, THE QUESTION,
THERE IS A QUESTION BEHIND THIS, HOW THE PROCESS IS GOING TO WORK GIVEN THAT THIS
WILL BE A COMPLAINT BASED PROCESS BY WHICH COMMUNITY MEMBERS WILL BE ABLE TO
CALL IN AND COMPLAIN AT EVERY TURN.
>> SEAN WASHINGTON: YES, THANK YOU FOR THAT.
YOU KNOW, CERTAINLY IT IS A TEAM.
AS FAR AS, YOU KNOW, AGAIN I KEEP EMPHASIZING THE RELATIONSHIP BETWEEN HUMAN
SERVICES AND THE POLICE DEPARTMENT.
THAT'S A WORKING MODEL.
BECAUSE, YOU KNOW, 2017 WHEN WE AS A CITY CREATED THE MET TEAM IT WAS BASED ON
THE UNDERSTANDING THAT THE BEST MODEL TO DEAL WITH THESE COMPLEX ISSUES WAS TO
GET THE BRAINS IN THE ROOM TOGETHER TO TALK THROUGH THESE ISSUES.
SO YOU'RE EXACTLY RIGHT.
I DO WANT TO MAKE A POINT OF CLARIFICATION THOUGH.
THERE COULD BE A SITUATION WHERE I PROBABLY NOT BUT I DRIVE DOWN THE STREET AND I
SEE A JUST TOTALLY UNSAFE CONDITION IN WHICH I NEED TO TAKE SOME ACTION TO HELP
ENSURE THE SAFETY OF THE COMMUNITY.
AND SO THAT WOULDN'T BE POLICE TO COMPLAIN, THOSE, THOUGH ARE TOTALLY RARE, BUT
THEY OCCASIONALLY HAPPEN THAT THERE IS A TENT OR ENCAMPMENT THAT IS HALFWAY ON
THE STREET OR HALFWAY ON THE SIDEWALK, I CAN'T JUST IGNORE THAT AND I CAN'T WAIT
FOR THAT SITUATION TO RESOLVE ITSELF BECAUSE SOMEBODY MIGHT GET HURT, RIGHT?
BUT YOU'RE EXACTLY RIGHT.
WE ARE NOT GOING TO BE ABLE TO GET TO ALL THE COMPLAINTS THAT ARE PRESENT IN OUR
COMMUNITY.
OUR STAFFING IS THE SAME.
I MEAN, WE DON'T HAVE THE FOLKS TO DO IT.
THAT'S WHY IT'S VERY IMPORTANT FOR US TO CAREFULLY ASSESS WHEN WE CAN WAIT, SLOW
IT DOWN, TRY TO GAIN COMPLIANCE THAT WE HAVE THESE CONVERSATIONS.
AND WE FIGURE OUT OKAY, WHAT IS IT THAT WE'RE TRYING TO ACCOMPLISH AND HOW ARE
WE TRYING TO PROTECT OUR COMMUNITY FROM HARM?
IS IT A FIRE HAZARD, IS IT A SCHOOL, IS IT CRIMINAL ACTIVITY, YOU KNOW, TAPPING INTO
ELECTRICAL PANELS THAT MAYBE SOMEONE COULD GET HURT OR IT COULD START A FIRE,
THOSE TYPE OF THINGS OR DANGEROUS ANIMALS THAT WE'VE RECENTLY DEALT WITH, THOSE
THINGS HAVE TO BE KIND OF PRIORITIZED AND WE HAVE TO TAKE SOME SORT OF ACTION.
SO AT LEAST FROM MY PERSPECTIVE THAT WOULD BE THE EXPECTATION THAT THE
COMPLAINTS THAT WE RECEIVE WE WOULD ASSESS THOSE.
WE WILL WORK WITH HUMAN SERVICES TO ENSURE THAT IT'S NOT JUST THE POLICE
DEPARTMENT LED INITIATIVE, THAT WE ARE CONTINUING THAT COMMUNICATION, AND
THAT'S WHY IT HAS BEEN A SUCCESSFUL MODEL TO THIS POINT.
BUT LAURIE, I DON'T KNOW IF YOU HAVE ANYTHING TO ADD.
>> THANK YOU.
YES, I WOULD JUST ADD THAT CURRENTLY OR FOR THE PAST FEW YEARS WE'VE DEVELOPED
THIS CONCEPT OF ENCAMPMENT CONDITION GUIDELINES AND HAVE OUR HOMELESS
WORKING GROUP WITH REPRESENTATIVES FROM MULTIPLE DEPARTMENTS BECAUSE WE ALL
HAVE A DIFFERENT TYPE OF ROAM AND RESOURCE TO PLAY WHEN IT COMES TO MITIGATING
HEALTH AND SAFETY HAZARDS, MIGRATING FROM THE STRAIN ON LAW ENFORCEMENT TO
SEE WHAT CAN BE DONE OUTSIDE OF LAW ENFORCEMENT TO MAKE A SAFE AND HEALTHIER
SITUATION FOR EVERYBODY INVOLVED.
AND SO THAT WAS ONE OF THE MAIN REASONS OF THE DEVELOPMENT OF THESE
ENCAMPMENT CONDITION GUIDELINES.
AND ALSO TO MOVE AWAY FROM A COMPLAINT BASED STEAM.
BECAUSE A COMPLAINT OR NUMBER OF COMPLAINTS DON'T ALWAYS EQUAL THE
CONDITIONS IN THE FIELD.
AND SO WE DO TAKE OUR TIME TO, EXCEPT IN EMERGENCY OF COURSE, WE ARE NOT GOING
TOO WAIT ON AN EMERGENCY BUT WE TAKE OUR TIME TO EVALUATE THE ACTUAL
CONDITIONS.
AND DETERMINE WHICH APPROPRIATE DEPARTMENTS SHOULD BE INVOLVED TO, YOU KNOW,
WHATEVER ABILITY THEY HAVE TO RESOLVE THE SITUATION.
>> VICE MAYOR CAMPBELL: THANK YOU.
THAT'S ALL FOR THE MOMENT.
I HAVE MORE.
>> CTY. ATTNY. ALVARADO: THROUGH THE MAYOR MAY I AUGMENT AN ANSWER TO A
PREVIOUS QUESTION, I DON'T WANT TO GIVE THE IMPRESSION THAT THIS DOESN'T APPLY TO
THE COMMERCIAL ACTIVITIES, THE CAMPING RESTRICTIONS DO APPLY TO ALL PRIVATE
PROPERTY, AND THE RESIDENTIAL PROPERTY EXCEPTION THAT WE DISCUSSED IS AN
EXCEPTION TO THE RULE.
SO THE RULE IS THAT IF ADOPTED, THIS ORDINANCE WOULD PRECLUDE SOMEONE PRIVATE,
THAT OWNS PRIVATE PROPERTY THERE ALLOWING CAMPING TO OCCUR ON THEIR PROPERTY
UNLESS IT IS A BUSINESS THAT EFFECTIVELY ALLOWS THAT.
EXCEPT THAT IF YOU'RE A RESIDENTIAL PROPERTY OWNER YOU'RE ALLOWED TO PERMIT
SOMEONE TO CAMP ON YOUR PROPERTY FOR UP TO 72 HOURS.
SO IT DOES APPLY TO COMMERCIAL PROPERTIES.
IT JUST DOESN'T SPECIFICALLY IDENTIFY COMMERCIAL PROPERTIES.
IT JUST APPLIES TO ALL PROPERTIES, ESSENTIALLY RESIDENTIAL PROPERTIES.
>> VICE MAYOR CAMPBELL: THANK YOU FOR THAT BUT I SUSPECT THAT SOME
HOMEOWNERS MAY HAVE A LITTLE BIT OF RESISTANCE FOR THAT.
BUT TO YOUR POINT ABOUT THE ORDINANCE WITH COMMERCIAL PROPERTY, AND THE RV
BAN, WHEN I WAS OVER AT LAM THEY'RE STILL THERE.
>> MAYOR SALWAN: IS THAT A QUESTION?
OR --
>> VICE MAYOR CAMPBELL: I'LL COME BACK TO IT.
>> MAYOR SALWAN: THANK YOU.
MADAM CLERK DO WE NEED TO TAKE A STENOGRAPHER BREAK?
WE'LL TAKE A TEN MINUTE RECESS.
WE'LL BE BACK.
PLEASE BE PROMPT.
THANK YOU.
[ RECESS ]
>> MAYOR SALWAN: GOOD EVENING, LIKE TO CALL THE MEETING BACK TO ORDER.
COUNCILMEMBER ZHANG.
SO WE'LL CONTINUE WITH THE QUESTIONING WITH COUNCILMEMBER ZHANG.
>> COUNCILMEMBER ZHANG: THANK YOU.
SO MY QUO IS TALKING ABOUT THE FINE, THE PENALTY.
SO YOU PUT THE FINE AND KNOWN IF YOU CANNOT COLLECT FROM THE PERSON, THAT
WOULD BECOME A PENALTY?
OR A JUDGMENT?
>> MAYOR SALWAN: THAT'S FOR THE COURTS RIGHT, IT'S NOT SOMETHING WE HANDLE
HERE.
>> CTY. ATTNY. ALVARADO: IN THE NATURAL ORDER OF ENFORCEMENT THE POLICE
DEPARTMENT WOULD EFFECTUATE AN ARREST.
WE ARE SPEAKING IN HYPOTHETICAL TERMS HERE.
IF THE PERSON WAS CONVICTED OF THAT CRIME, THEY COULD BE SUBJECT TO JAIL TIME
UNDER THIS ORDINANCE AS A MISDEMEANOR.
AND COULD BE SUBJECT TO A FINE UP TO $1,000.
THAT WOULD BE DETERMINED VIA THE SENTENCING PROCESS IN THE COURTS.
SO EVEN THOUGH THE ORDINANCE STATES THE FINE IS UP TO $1,000 IT WOULD BE UP TO THE
CRIMINAL PROCESS TO DETERMINE AT SENTENCING WHAT THE JAIL TIME AND WHAT THE FINE
AMOUNT WOULD BE.
>> COUNCILMEMBER ZHANG: OKAY SO FOLLOW UP QUESTION, LET'S SAY WE'RE GOING TO
LOWER THE AMOUNT TO A CERTAIN NUMBER SO WHEN IT COMES TO THE COURT THEY
WOULD STILL HOLD UP TO A THOUSAND DOLLARS.
SO THAT MEANS OUR NUMBER DOESN'T MATTER.
>> CTY. ATTNY. ALVARADO: NO, IF THE COUNCIL WERE TO DECIDE THAT IT PREFERS A
DIFFERENT AMOUNT, LET'S JUST SAY $500, AS A HYPOTHETICAL NUMBER, THE COURT WOULD
IMPOSE A FINE, BUT THAT FINE WOULD BE LIMITED TO $500.
SO THE LOCAL ORDINANCE SETS THE CAP AMOUNT THAT THE COURT WOULD CONSIDER.
>> COUNCILMEMBER ZHANG: THANK YOU.
>> MAYOR SALWAN: COUNCILMEMBER KENG.
>> COUNCILMEMBER KENG: THANK YOU MAYOR.
I DO HAVE A COUPLE QUESTIONS.
FIRST ONE: WOULD THE PERSON BE ISSUED A FINE WHICH I AM INTERESTED IN LOWERING
THE FINE BUT WOULD THEY BE ISSUED A FINE EVEN AFTER THEY VOLUNTARILY MOVE ALONG
OR, YOU KNOW, WHAT WOULD BE THE CASE?
>> SEAN WASHINGTON: THANK YOU FOR THE QUESTION.
THE OBJECTIVE IS TO GAIN VOLUNTARY COMPLIANCE.
AND SO ALTHOUGH WE WOULD TRY TO TRACK THAT DATA IT COULD BE AS SIMPLE AS HAVING
A CONVERSATION WITH THE INDIVIDUAL AND ASKING THEM TO VOLUNTARILY COMPLY WITH
RELOCATING BECAUSE WE'VE IDENTIFIED AN ISSUE AT THAT PARTICULAR LOCATION.
SO THERE'S NO FURTHER ACTION AT THAT POINT.
>> COUNCILMEMBER KENG: THANK YOU.
AND WHAT WOULD BE SOME OF THE REASONS FOR US CURRENTLY NOT BEING ABLE TO DEAL
WITH SOME OF THE REPEATED COMPLAINTS THAT JUST, YOU KNOW, I THINK ONE OF THE
RESIDENTS WHO WORKS AT A COMPANY I THINK ACROSS THE STREET FROM THE FREMONT
UNIFIED SCHOOL DISTRICT OFFICE, THEY HAVE RVS PARKED THERE FOR A LONG TIME AND
EVEN LOOKING UP WASHERS AT THEIR FACILITY, USING WATER AND POWER.
AND IT'S BEEN GOING ON FOR A WHILE AND DEFINITELY AFFECTING THEIR BUSINESS.
SO WOULD THIS ORDINANCE HELP WITH THOSE KINDS OF SITUATIONS?
>> SEAN WASHINGTON: YES, DEPENDING ON THE CIRCUMSTANCES, POTENTIALLY.
AGAIN WE WOULD HAVE TO PRIORITIZE THE SITUATIONS.
BUT, YOU KNOW, POTENTIALLY, I MEAN YOU HAVE KIND OF WOVEN IN THERE, YOU HAVE THE
VEHICLE RESTRICTIONS, YOU PROBABLY HAVE SOME OTHER CODE VIOLATIONS THERE.
BUT, YOU KNOW, WITHOUT HAVING THE SPECIFICS, AND MAYBE LAURIE DOES, IT COULD
POTENTIALLY, ESPECIALLY IF THERE'S AN IDENTIFIED HAZARD OR SAFETY ISSUE THAT WE ARE
CONCERNED ABOUT.
I DON'T KNOW LAURIE IF YOU ARE FAMILIAR WITH THAT AREA.
>> YES, I'M FAMILIAR WITH THAT AREA AND THANK YOU CHIEF FOR BRINGING UP THE
ALREADY PASSED REGULATIONS THAT DO APPLY TO THAT AREA.
I THINK ONE OF THE OBSTACLES IS THAT THIS IS STILL A RESOURCE ISSUE, BEING ABLE TO
CONDUCT AND GO OUT AND ALL OF A SUDDEN LIKE, YOU KNOW, ENFORCE IN ALL THESE
AREAS AT ONCE IS NOT FEASIBLE.
AND SO WE HAVE TO CONTINUE TO PRIORITIZE AND BALANCE CONDITIONS.
I'M AWARE THAT TECHNOLOGY IT SOUNDS LIKE YOU'RE TALKING ABOUT HAS ALREADY GONE
THROUGH A WAVE OF A TYPE OF VEHICLE ENFORCEMENT.
IT DOES TAKE TIME, IT'S A PROCESS AND WE STILL CONTINUE TO -- WE MUST PRIORITIZE
THESE CONDITIONS BECAUSE THERE AREN'T ENOUGH RESOURCES, POLICE RESOURCES,
SHELTER PRIMARILY, SHELTER AND HOUSING RESOURCES.
SO THAT IS -- WE'RE GOING TO CONTINUE TO SEE THIS IN OUR COMMUNITY.
>> COUNCILMEMBER KENG: THANK YOU.
AND THE MAYOR BROUGHT UP EARLIER ABOUT REMOVING THE LANGUAGE OF AIDING AND
ABETTING.
SO I'M ALSO INTERESTED IN SEEING THAT REMOVED.
AND I HAVE ANOTHER QUESTION ABOUT WHETHER THIS ORDINANCE PASS OR NOT, ARE WE
CONTINUING WITH THE SAFE PARKING PROGRAM AND OTHER PROGRAMS THAT CURRENTLY
ARE IN PLACE?
>> YES, THIS ORDINANCE DOESN'T IMPACT THE OPERATIONS OF OUR CURRENT PROGRAMS.
>> COUNCILMEMBER KENG: THANK YOU.
DO WE HAVE ANY NUMBERS ON HAND?
I'M SURE THAT MAYBE ASKED YOU EARLIER TO PREP BUT DO WE HAVE ANY NUMBERS ON
HAND REGARDING THE CLEANUP COSTS THAT MAYBE IN THE PAST YEAR OR LAST, YOU KNOW,
IN 2024, HOW MUCH HAVE WE SPENT ON CLEANUP?
AND IF -- ONCE WE -- I KNOW THAT EACH CLEANUP IS -- EACH CLEANUP IN LIKE ONE SMALL
PART OF ALBRAE STREET, FOR EXAMPLE, COST THOUSANDS OF DOLLARS BECAUSE THERE ARE
HAZARDOUS MATERIALS LIKE NEEDLES, BUT SOME NUMBER I'M INTERESTED IN ASKING
WHETHER, YOU KNOW, ONCE -- I WOULD SEE THAT -- I WOULD THINK THAT, YOU KNOW, IF WE
HAVE THIS ORDINANCE IT WOULD HELP REDUCE, YOU KNOW, THE CLEANUP THAT WE'RE
NEEDING TO DO AND IT WOULD BE SIGNIFICANT, YOU KNOW, AFTER LIKE A YEAR TIME.
AND WOULD WE BE ABLE TO MAYBE MOVE THAT COST OR BUDGET TO ANOTHER, YOU KNOW,
WHERE WE CAN HELP BUILDING MORE SHELTERS OR HAVE MORE SPACES AND HAVING MORE
HOUSING PROGRAMS?
>> SO THE NUMBER THAT I HAVE ON HAND THAT I'LL SHARE WHICH IS AGAIN REITERATED IN
OUR HOMELESS RESPONSE PLAN UNDER MITIGATION ACTIVITIES FOR FISCAL YEAR 24-25 IS
$2.3 MILLION AND AGAIN THAT'S A COMBINATION OF THE CLEANUPS THAT YOU'RE
REFERRING TO AS WELL AS OUR MET PERSONNEL FROM THE POLICE DEPARTMENT SIDE AND I
THINK SOME OTHER ADDITIONAL COSTS FROM LIKE PUBLIC WORKS OR CODE ENFORCEMENT.
BUT THE MAJORITY OF THAT IS CLEANUP COST.
TO YOUR QUESTION ABOUT WOULD THIS REDUCE THE NEED FOR CLEANUPS IN THE
COMMUNITY IT'S UNLIKELY.
OUR ENVIRONMENTAL SERVICES MANAGER WHO WE'VE, YOU KNOW, DISCUSSED THIS WITH
BELIEVES THAT IT COULD INCREASE THE COST.
BECAUSE AGAIN, THIS MAY RESOLVE A SPECIFIC SITUATION OR A PROBLEMATIC BEHAVIOR IT
DOES NOT RESOLVE THE CONDITION OF UNSHELTERED HOMELESSNESS IN THE COMMUNITY.
AND SO THEREFORE, THERE IS STILL GOING TO BE ASSOCIATED DEBRIS, MATERIALS THINGS
THAT NEED TO BE CLEANED UP AND, YOU KNOW, AS WE'VE MENTIONED BEFORE WHEN
THERE'S DISPLACEMENT OF LARGE ENCAMPMENTS OF INDIVIDUALS, IT CREATES THE ISSUE IN
ANOTHER LOCATION.
SO IT COULD BE THAT WE'RE NO LONGER CLEANING AN AREA THAT IS CONCENTRATED.
WE ARE MORE DISTRIBUTED THROUGHOUT THE COMMUNITY IDENTIFYING MULTIPLE SITES
OF LESS INDIVIDUALS BUT STILL CONTINUING TO CLEAN UP THAT DEBRIS.
SO OUR BELIEF IS THAT IT WILL INCREASE THE COST OF CLEANUP.
AND TO YOUR FINAL QUESTION ABOUT REDIRECTING CLEANUP COSTS INTO SERVICES,
UNFORTUNATELY THAT IS NOT POSSIBLE BECAUSE OUR CLEANUP COSTS ARE FUNDED
THROUGH STORM WATER COST FEES THAT ARE SPECIFICALLY, WE WOULDN'T BE ABLE TO
REALLOCATE THAT FUNDING TO ANOTHER SOURCE FOR SERVICES.
>> COUNCILMEMBER KENG: THANK YOU.
ANOTHER QUESTION FOR THE CHIEF.
SO EARLIER YOU SAID THAT WE WILL BE PRIORITIZING, AND ALSO BECAUSE WE ARE REQUIRED
TO KEEP THEIR PERSONAL BELONGINGS FOR UP TO 90 DAYS.
SO WE WOULD BE KIND OF LOOKING AT ALL OPTIONS BUT TO ARREST THAT PERSON IS THAT
CORRECT?
>> SEAN WASHINGTON: YES.
IT IS MY DIRECTIVE AND IT IS MY EXPECTATION THAT AN ARREST SHOULD BE USED AS THE
ABSOLUTE LAST OPTION, AND WE SHOULD TRY TO MITIGATE THAT SITUATION WITHOUT
UTILIZING A PHYSICAL ARREST.
>> COUNCILMEMBER KENG: THANK YOU.
LAST QUESTION I HAVE FOR --
>> MAYOR SALWAN: LAST QUESTION?
>> COUNCILMEMBER KENG: SORRY, DO WE HAVE ANY NUMBER AS TO HOW MANY
BUSINESSES HAVE, YOU KNOW, MOVED OUT OF FREMONT BECAUSE OF HOMELESSNESS
ISSUES?
>> UNLESS -- DONOVAN -- HE DOES NOT, WE DO NOT.
>> COUNCILMEMBER KENG: OKAY, ALL RIGHT, THANK YOU VERY MUCH.
>> MAYOR SALWAN: THANK YOU.
COUNCILMEMBER KIMBERLIN.
>> COUNCILMEMBER KIMBERLIN: WELL THANK YOU FOR ALL THESE ANSWERS AND
CLARIFICATIONS.
SOME OF THEM THAT I HAD HAVE ALREADY BEEN ANSWERED.
BUT I DO HAVE A FEW.
THIS MAY SOUND LIKE A SILLY QUESTION BUT WHEN I'M LOOKING AT THIS, THE ORDINANCE
AND THE WHEREAS PAGE, IT SAYS ADOPT A CAMPING ORDINANCE.
BUT WHEN IT FIRST CAME UP ON OUR AGENDA, IN DECEMBER, IT SAID CAMPING BAN
ORDINANCE.
NOW IS THAT JUST A TECHNICALITY?
SHOULD IT BE CALLED A CAMPING BAN ORDINANCE?
OR SHOULD IT BE A CAMPING ORDINANCE, DOES ANYBODY KNOW?
>> MAYOR SALWAN: I THINK THE ORDINANCE DOESN'T HAVE ANY REFERENCE TO A CAMPING
BAN.
I THINK IT WAS JUST IN THE STAFF REPORT THEY WROTE CAMPING BAN.
>> CTY. ATTNY. ALVARADO: THAT'S CORRECT.
THE OFFICIAL TITLE OF THE ORDINANCE IS IN THE ORDINANCE ITSELF.
THE BAN IS NOT USED WITHIN THE TERMINOLOGY OF THE ORDINANCE SO.
>> COUNCILMEMBER KIMBERLIN: IT HAS CIRCULATED, I DON'T KNOW HOW IT CIRCULATED.
SO MY NEXT QUESTION IS, THE HOMELESS RESPONSE PLAN WAS JUST ADOPTED AND NOT
EVEN A YEAR AGO.
SO I'M WONDERING, HAVE WE SEEN AND IN RELATIONSHIP TO THAT, THE THIRD WHEREAS IS,
THE COUNCIL IS COMMITTED TOO PROTECTING THE RIGHTS OF INDIVIDUALS WHO CANNOT
OBTAIN SHELTER AND TO TREATING THEIR PERSONAL PROPERTY WITH RESPECT AND
CONSIDERATION.
SO THAT SOUNDS PRETTY RESPECTFUL AND IT SOUNDS LIKE A LOT OF WHAT IS THE HOMELESS
RESPONSE PLAN IS, IS TO HELP THE HOMELESS.
SO IF WE PUT THOSE TWO TOGETHER, THAT PART DOESN'T SOUND SO BAD.
I'M WONDERING, HAVE WE SEEN AN IMPROVEMENT OF WHAT WE ARE DELIVERING FOR THE
HOMELESS FOLKS SINCE IT WAS ADOPTED?
>> THANK YOU FOR THAT QUESTION AND THANK YOU FOR BRINGING UP THE HOMELESS
RESPONSE PLAN.
SO A LOT HAS TRANSPIRED SINCE THE PASSING OF THE HOMELESS RESPONSE PLAN.
WANT TO PROVIDE SOME TIME LINE CONTEXT.
THIS PLAN WAS PASSED AFTER THE BUDGET CYCLE FOR FREMONT.
SO THAT MEANT WE WERE NOT ABLE TO PROPOSE ANY OR REQUEST, PROPOSE ADDITIONAL
FUNDING FOR EXPANSION OF SERVICES AS ROAMED IN THE PLAN.
STAFF HAVE COMPLETED APPLICATIONS FOR GRANT FUNDING IN THAT TIME FRAME.
WE'VE LOOKED AT OUR INTERNAL INVESTMENTS, HOW WE'VE CURRENTLY ALLOCATED
RESOURCES TO SEE IF THERE IS MORE STRATEGIC ALIGNMENT IN OUR CURRENT
INVESTMENTS, AS RECOMMENDED IN THE PLAN AS WELL, AND WITH THAT WE HAVE
IDENTIFIED, YOU KNOW, BOTH PREVENTION AND FOR FUNDING TOWARDS THE WINTER
RELIEF PROGRAM.
BUT AGAIN WE'RE TALKING IN LIKE THE $200,000, NOT AT THE LEVEL OF INVESTMENT
REQUIRED TO MAKE A LARGE IMPACT AT THIS POINT.
SORRY, I LOST MY TRAIN OF THOUGHT.
>> I WOULD JUST NOTE THAT WHEN STAFF BROUGHT THE HOMELESSNESS RESPONSE PLAN
FORWARD AND IDENTIFIED THE INCREASE IN EXPENDITURE, THAT IT CHARTED THE
COMMITMENT TO COUNCIL AT THAT TIME WAS THAT WE WOULD FIRST SEEK EXTERNAL
FUNDING FROM STATE AND FEDERAL GOVERNMENT IN AN EFFORT TO EXPAND THOSE
SERVICES AND WE HAVE SOUGHT THAT FUNDING AND LARGELY NOT RECEIVED IT.
INTERNALLY, WE WILL BE GOING THROUGH AN ASSESSMENT IN THIS UPCOMING BUDGET
CYCLE TO DETERMINE IF THERE ARE OTHER OPTIONS INTERNALLY.
HOWEVER, AS YOU'RE WELL AWARE THE CITY'S BUDGET IS CONSTRAINED AND TO THE EXTENT
THAT WE ADD SERVICES IN ONE SPACE WE'RE GOING TO NEED TO MAKE SOME HARD
DECISIONS ABOUT WHERE THAT MONEY COMES FROM.
THAT PROCESS WILL BE -- IS EFFECTIVELY HAPPENING NOW.
>> I WOULD ALSO ADD, I'M SORRY, THAT WE HAVE HAD TO LOOK AT BEING ABLE TO MAINTAIN
EXISTING RESOURCES, WHICH WAS NOT ANTICIPATED WHEN WE DEVELOPED AND BROUGHT
THIS PLAN FORTH TO COUNCIL.
SO THERE ARE STILL -- WE'RE LOOKING AT HOW TO HELP MAINTAIN AND PRESERVE EXISTING
SHELTER BEDS SO WE DON'T LOSE ANY.
AND AS YOU ARE AWARE THERE IS A CONCERN OF THE LEVEL OF FEDERAL FUNDING THAT
WILL CONTINUE TO GO TO SHELTER AND HOUSING RESOURCES.
SO BEING AWARE OF THAT CONCERN AND RISK MOVING FORWARD, WHEN WE TALK ABOUT,
YOU KNOW, HOW THE HOMELESS RESPONSE PLAN AND THIS ORDINANCE RELATE, OUR
CONSULTANTS IN THE EXPERTS, THE POLICY EXPERTS THAT HELPED US DEVELOP THIS DID NOT
RECOMMEND ENFORCEMENT TOOLS AS A WAY TO ADDRESS.
I WOULD SAY IN THAT RESPECT IT IS INCOMPATIBLE.
HOWEVER THEY DO SAY AND SUGGEST AGAIN THAT IF RESTRICTIONS ARE REVIEWED OR
CONSIDERED BY COUNCIL TO ALSO CONSIDER COMPARABLE RESOURCE OPTIONS IN WHICH
PEOPLE CAN RELOCATE TO.
>> COUNCILMEMBER KIMBERLIN: OKAY, THAT'S REALLY HELPFUL.
I DON'T KNOW THE WHOLE PLAN SO I'M GOING TO GUESS THERE IS PROBABLY NOT A PLAN IN
THERE, A FIVE YEAR PLAN, THERE IS PROBABLY NOT ANYTHING IN THERE ABOUT AN UPPING
THE SAFE PARKING OR HAVING A SANCTIONED ENCAMPMENT, THERE IS PROBABLY NOTHING
IN THERE LIKE THAT?
>> A SANCTIONED ENCAMPMENT IS NOT RECOMMENDED IN HERE HOWEVER SPECIFIC TO
PARKING, THAT'S WHERE THE CONVERSATION AROUND IF YOU ARE GOING TO RESTRICT IN
ONE RESPECT, YOU SHOULD ENHANCE AND PROVIDE A SPACE FOR PEOPLE TO GO IN ANOTHER
RESPECT.
THAT WAS REALLY A PART OF THIS RV PARKING DISCUSSION AND RV RESTRICTION.
>> I'M SORRY ONE MORE POINT ON THAT.
STAFF'S GENERAL RECOMMENDATION FOR ENHANCING SERVICES, OUR FIRST AND MOST
PREVALENT UNMET NEED WOULD BE SHELTER BEDS.
TO THE EXTENT THAT WE FOUND A BUNCH OF UNALLOCATED MONEY TOMORROW, STAFF'S
RECOMMENDATION WOULD BE TO ADD BEDS, NOT TO DEVELOP ADDITIONAL RV PARKING.
THE RETURN ON INVESTMENT, THE FOLKS, THE NUMBER OF FOLKS THAT WE COULD SERVE
PER NIGHT I THINK IS THE SUCCESS IS TO BE FOUND IN ADDITIONAL BEDS.
>> COUNCILMEMBER KIMBERLIN: OKAY.
WELL I MUST COMMEND THAT YOU ARE REAL PROTECTING THE RESOURCES THAT WE HAVE,
THOSE SHELTER BEDS BECAUSE THAT IS CRITICAL SO I COMMEND YOU FOR THAT.
NEXT ONE WOULD BE, THIS IS GOING TO BE AN ODD QUESTION.
SO JOB DESCRIPTION EXAMPLE IS WHAT HIGHLY GIVE YOU.
SO WHEN I WORKED IN HR FOR FREMONT UNIFIED, AND WE WOULD WRITE A JOB
DESCRIPTION, THE JOB DESCRIPTION WAS NOT FOR A PARTICULAR PERSON, IT WAS FOR WHAT
JOB YOU NEEDED CON.
SO PART OF THE QUESTION FOR YOU CHIEF IS, I KNOW HOW YOU OPERATE, I UNDERSTAND
HOW YOU OPERATE, I BELIEVE IN HOW YOU OPERATE.
BUT WHAT IF YOU'RE NOT HERE?
WHAT IF YOU LEAVE?
>> SEAN WASHINGTON: WELL, I'M NOT GOING ANYWHERE.
BUT I WILL SAY THAT'S -- I'VE HEARD THAT FEEDBACK.
AND THAT'S WHY WE HAVE DONE A COMPREHENSIVE REVIEW OF OUR POLICIES.
OUR PROCEDURES.
AND I ACTUALLY THINK THERE'S SOME ROOM TO ADD A FEW THINGS INTO OUR POLICY THAT
WILL GUARD AGAINST THAT CONCERN.
I THINK WHOEVER THE NEXT POLICE CHIEF WILL BE WILL DO A FINE JOB BECAUSE WE'VE
HISTORICALLY HAD SUCCESS.
BUT ALSO, THOSE EXPECTATIONS THAT WE TALK ABOUT UTILIZING IT CONSISTENT WITH WHAT
OUR COMMUNITY CONCERNS ARE ONLY USING IT WHEN WE HAVE TO USE IT, UTILIZE IT TO
HELP PROTECT AND SERVE THE COMMUNITY EFFECTIVELY.
THAT IS OUR ROLE AS A POLICE DEPARTMENT.
NOTHING ELSE.
I MEAN THESE FOLKS ARE THE EXPERTS ON HOW TO SOLVE THE VERY COMPLEX PROBLEM OF
HOMELESSNESS.
I SUPPORT HOUSING.
I SUPPORT GETTING FOLKS OFF THE STREET AND IN SOMEWHERE SAFE AND WARM.
I SUPPORT THE HOUSING NAVIGATION CENTER, AND IF THAT EVER CAME BACK AROUND I
WOULD SUPPORT THAT.
I SUPPORTED PROJECT HOMEKEY BECAUSE I KNOW THAT.
WE DON'T GET CALLS FOR SERVICE TO THOSE TYPE OF LOCATIONS BECAUSE PEOPLE ARE SAFE
AND THEY ARE SOMEWHERE THAT DOESN'T CREATE THAT CONFLICT OR HAZARD THAT'S
WITHIN THE COMMUNITY.
SO I THINK IT'S JUST MORE OF ENSURING THAT OUR POLICIES ARE SOLID BASED ON THE
FEEDBACK THAT WE'VE HEARD FROM OUR COMMUNITY, TAKING THAT INTO CONSIDERATION
AND ENSURING THAT WE DO CONSISTENT WITH OUR CURRENT POLICIES WE'RE
DOCUMENTING OUR ACTIONS IF WE HAVE TO TAKE ANY ACTION.
THAT'S ANOTHER FORM OF TRANSPARENCY THAT SHOULD BE EMBEDDED IN OUR POLICIES TO
ENSURE THAT IN THAT RARE EVENT IN MY ESTIMATION THAT WE HAVE TO MAKE A PHYSICAL
ARREST, WE HAVE IT WRITTEN SOMEWHERE, THE REASONS WHY.
AND THAT CAN BE CERTAINLY COMMUNICATED TO OUR COMMUNITY.
AND WE CAN MAKE ADJUSTMENTS IF WE NEED IT.
>> COUNCILMEMBER KIMBERLIN: SOUNDS LIKE YOU'RE WORKING WITH SUSTAINABILITY
WITH THE EFFORTS AND WHAT YOU'RE PUTTING FORTH NOW, THE SUSTAINABILITY THAT
WE'LL GO ON AND MATCH WHAT THE COMMUNITY IS ASKING FOR AND NEEDS?
>> SEAN WASHINGTON: ABSOLUTELY AND TO BE QUITE HONEST IT'S NOT A BIG JUMP FOR
US.
BECAUSE WE'VE BEEN UTILIZING SEVERALTY OF THESE TOOLS FOR MA'AM YEARS AND WE
UTILIZE IT APPROPRIATELY AND ONLY WHEN NECESSARY.
IT IS NOT A BIG JUMP TO INCORPORATE THIS INTO OUR OPERATING PROCEDURES AS IT
STANDS NOW.
>> COUNCILMEMBER KIMBERLIN: OKAY.
NEXT ONE IS ABOUT BUSINESSES.
I KNOW WE'VE -- A LOT OF US HAVE HEARD WHAT GOES ON AT THE CENTERVILLE TRAIN
DEPOT.
LOT OF HOMELESS FOLKS THERE AND OVER ONCE THAT WHILE THERE IS AN INCREDIBLE
OUTBURST.
I WAS ALWAYS REMINDED BY POLICE CHIEF BEING HOMELESS IS NOT A CRIME.
AND IT JUST SEEMS LIKE SOMETIMES THERE IS A HARD -- THIS IS FOR THE PEOPLE WHO ARE
LOOKING FOR THE BAN THAT I THINK WOULD BE THINKING THIS: SOMETIMES THERE IS A
NEED.
I KNOW THAT CENTERVILLE TRAIN DEPOT HAS JUST BEEN BEAT UP AT TIMES.
THERE HAVE BEEN OUTBURSTS, THERE ARE PEOPLE ON THE TRACKS THAT ARE NOT IN THEIR
RIGHT MIND.
WE WANT TO SAVE THEIR LIFE AND PROTECT THE CUSTOMERS AT THE TRAIN DEPOT WHEN
SOMEONE IS HAVING A BREAKDOWN.
>> MAYOR SALWAN: DO YOU HAVE A QUESTION?
>> COUNCILMEMBER KIMBERLIN: QUESTION FOR IT?
>> MAYOR SALWAN: WE'LL COME BACK WITH COMMENTS LATER.
>> COUNCILMEMBER KIMBERLIN: OKAY, THIS GOES INTO THE AREA OF -- HOLD ON.
OKAY I'LL COME BACK TO THAT.
GOING TO THE AIDING AND ABETTING WHICH I KNOW WE'RE ALL TALKING ABOUT, IS IT
POSSIBLE TO ADD LANGUAGE EITHER IF WE'RE TAKING THAT OUT, OR ADDING LANGUAGE,
COULD WE SAY THAT AIDING AND ABETTING DOES NOT INCLUDE ASSISTING WITH BASIC
NEEDS LIKE WARMTH, SUSTENANCE, HEALTH AND SAFETY AND RESOURCES, AIDING AND
ABETTING AREAS THAT ARE NOT OKAY IS HELPING UNHOUSED FOLKS BUILD SHELTERS, FOOD
AND WATERWAYS, THEFT AND CRIME, WOULD WE BE ABLE TO PUT SOME KIND OF VERBIAGE
IN THERE LIKE THAT?
>> CTY. ATTNY. ALVARADO: THE EXISTING ORDINANCE DOES NOT IDENTIFY THOSE AS ILLEGAL
ACTIVITIES AS IS.
IN THEORY WE COULD ADD LANGUAGE TO REFLECT FUTURE COUNCIL MAJORITY DIRECTION
THIS EVENING BUT AS IT STANDS THOSE ACTIVITIES ARE NOT IDENTIFIED AS VIOLATIVE UNDER
THE ORDINANCE.
>> COUNCILMEMBER KIMBERLIN: OKAY, BACK TO THE BUSINESS THING.
I DID HAVE A QUESTION ABOUT THE IT IS UNDER E, NO PERSON SHALL STORE ANY PROPERTY
WITHIN TEN FEET OF ANY OPERATIONAL AND USABLE ENTRANCE, EXIT, LOADING DOCK, SO
WHETHER ATTENDED OR UNATTENDED CAN YOU NOT STORE UPON PUBLIC PROPERTY WITHIN
TEN FEET OF THE AREA.
ARE WE ALREADY ADDRESSING THAT, HAVING THINGS WITHIN TEN FFEET OF A BUSINESS OR IS
THIS NEW?
>> SEAN WASHINGTON: YES, I'M NOT SURE THAT, IF WE -- I DON'T THINK WE ARE.
I THINK THAT IS PART OF THIS ORDINANCE, IS THAT CORRECT?
I DON'T KNOW IF WE'VE -- I HAVEN'T HEARD OF US ENFORCING ANY TYPE OF PROPERTY
WITHIN TEN FEFEET OF A BUSINESS.
I'D HAVE TO CHECK AND GET BACK TO YOU ON THAT.
I DON'T RECALL ANY TYPE OF ENFORCEMENT ACTION ON THAT IN THE PAST.
>> COUNCILMEMBER KIMBERLIN: OKAY, ALL RIGHT.
>> THERE A PRACTICAL STANDPOINT, COUNCILMEMBER, THERE ARE MANY OTHER SCENARIOS
THAT COULD POTENTIALLY TRIGGER INTERVENTION ON THE BASIS OF THE ENCAMPMENT
GUIDELINES THAT EXIST.
BUT THAT'S NOT ONE OF THE ELEMENTS, PROXIMITY TO A BUSINESS IS NOT CURRENTLY A
FOCUS OF THE CITY'S INTERVENTION EFFORTS.
>> COUNCILMEMBER KIMBERLIN: OKAY, I WOULD IMAGINE THAT IS A CONVERSATION
ANYWAY THAT COULD BE HANDLED LIKE THAT.
I KNOW THAT HAS HAPPENED IN CENTERVILLE AT THE TACO BELL.
WHAT ELSE?
I THINK THAT'S IT.
THANK YOU VERY MUCH.
>> MAYOR SALWAN: COMMISSIONER LIU.
>> COUNCILMEMBER LIU: ALL RIGHT, THANK YOU MAYOR.
I'LL KEEP MINE BRIEF.
A LOT OF MY QUESTIONS HAVE ALREADY BEEN ANSWERED.
BUT I WANT TO GO BACK TO THE WHOLE AIDING AND ABETTING THING.
I THINK IT'S BEEN EXTENSIVELY COVERED, GIVING FOOD AND WATER WOULD NOT TRIGGER
THAT CLAUSE.
I GUESS MY QUESTION IS, CAN YOU PROVIDE ME AN EXAMPLE OF WHAT IS SOMETHING THAT
WILL TRIGGER THE AIDING AND ABETTING CLAUSE?
>> CTY. ATTNY. ALVARADO: WELL AN EXAMPLE WOULD BE WHERE AN INDIVIDUAL DECIDES
TO ERECT A LIVING STRUCTURE ADJACENT TO A WATERWAY, BUT THE ELEMENTS ARE
SUFFICIENTLY HEAVY THAT THE PERSON COULD NOT DO IT ALONE AND THE SECOND PERSON
WOULD ASSIST IN THE CONSTRUCTION, THAT WOULD BE CONSIDERED AIDING AND
ABETTING.
>> COUNCILMEMBER LIU: HAMMERING TOGETHER PLYWOOD AND TOUCH LIKE THAT
CORRECT?
>> CTY. ATTNY. ALVARADO: THAT IS AN EXAMPLE OF THE VIOLATION IS THE CREATION OF THE
STRUCTURE AND IF YOU ABET, IF YOU AID IN THAT, YOU COULD ALSO BE SUBJECT TO
PENALTIES FOR THAT ACTIVITY AS WELL.
>> COUNCILMEMBER LIU: ALL RIGHT.
THEN IS IT POSSIBLE, I GUESS COUNCILMEMBER KIMBERLIN ALREADY ASKED THAT BUT HAVE
THAT IN THERE TO MAYBE CLARIFY, EXAMPLE AIDING AND ABETTING SOLELY TO MAKE
STRUCTURES SO NOBODY GETS CONFUSED THAT AIDING AND ABETTING INCLUDES, YOU
KNOW, GIVING OUT FOOD AND WATER OR ANY LIKE NECESSITIES?
>> CTY. ATTNY. ALVARADO: THE ORDINANCE COULD IDENTIFY ANY SPECIFIC ACTIVITY THAT IS
NOT PROHIBITED.
AS COUNCILMEMBER KIMBERLIN MENTIONED COULD SHE ASKED THE QUESTION COULD YOU
ADD LANGUAGE THAT SAYS PROVIDING FOOD TO A MEMBER OF THE UNHOUSED DOES NOT
VIOLATE THE ORDINANCE.
YES, IN THEORY YOU COULD ADD THAT.
IT IS NOT CURRENTLY A VIOLATION BUT WE COULD ADD THAT LANGUAGE.
>> COUNCILMEMBER LIU: THEN MY SECOND QUESTION IS REGARDING PARKS, THERE IS
ALREADY AN ORDINANCE SIMILAR TO THIS EFFECT TOWARDS, YOU KNOW, OUR PARKS,
CORRECT?
>> CTY. ATTNY. ALVARADO: CORRECT, CHAPTER 12.20 PROHIBITS CAMPING INTO THE PARKS.
>> COUNCILMEMBER LIU: AM I CORRECT IN ASSUMING THAT THERE ALSO EXISTS PENALTY
FOR PEOPLE WHO ARE, DON'T COMPLY RIGHT, THAT THERE ARE CRIMINAL PENALTIES SUCH AS
FINES?
THINGS LIKE THAT?
>> CTY. ATTNY. ALVARADO: THAT'S CORRECT.
AMONGST THE IMPORTANT TOOLS AVAILABLE CHAPTER 1, MAKES VIOLATIONS OF THE
ORDINANCE OF THE MUNICIPAL CODE INCLUDING THAT PROVISION SUBJECT TO CRIMINAL
PENALTIES POTENTIALLY.
>> COUNCILMEMBER LIU: AND THEN I GUESS I'LL REDIRECT THIS TO OUR POLICE CHIEF.
IT SEEMS LIKE SO THERE HAVE BEEN NO ARRESTS REGARDING THE ONES IN THE PARKS RIGHT?
COULD YOU DETAIL I GUESS WHAT A TYPICAL ENCOUNTER WHEN YOU ASK A PERSON TO
VACATE THE PREMISES FOR PARKS AND HOW DOES THAT LOOK LIKE AND DO YOU THINK THAT
WILL SIMILARLY APPLY TO THIS ORDINANCE?
IT SEEMS LIKE THE TWO CASES ARE VERY SIMILAR TO EACH OTHER SO THERE IS A LOT OF, YOU
KNOW, CONCERN HOW THIS WOULD APPLY HERE.
SO I WAS HOPING YOU WOULD GIVE US A QUICK RUN DOWN OF WHAT YOU GUYS CURRENT
OPERATING PROCEDURE IS FOR THE PARKS SPECIFICALLY.
>> SEAN WASHINGTON: YES, SO THANK YOU FOR THE QUESTION.
AND SO IT IS GOING TO BE VERY SIMILAR.
SO WE WILL HAVE FIRST OF ALL HAVE A REASON TO BE THERE, MOST LIKELY, UNLESS WE SEE A
FIRE OR SOMETHING THAT'S OF CONCERN.
WE WOULD BE THERE AND WE WOULD APPROACH AN INDIVIDUAL, EXPLAIN THE REASONS
WHY WE ARE THERE, EXPLAIN THE CONFLICT THAT WE PERCEIVE OR THAT THE PUBLIC SAFETY
ISSUE THAT WE PERCEIVE.
WE WOULD THEN ASK THEM AND TRY TO GAIN COMPLIANCE AND VOLUNTARY COMPLIANCE
TO RELOCATE FROM THAT INFORMATION, THAT SITUATION TO MITIGATE THE PERCEIVED
CONFLICT OR ISSUE.
OUR ATTENTION WOULD PROVIDE RESOURCE MATERIAL IF THAT HAS NOT BEEN GIVEN TO THE
INDIVIDUAL.
AND UNLESS THERE IS AN ACUTE NEED TO TAKE ACTION OR HAVE THAT SITUATION MITIGATED
RIGHT THEN AND THERE, WE WOULD ASK FOR VOLUNTARY COMPLIANCE AND PROBABLY NOT
STAY MUCH LONGER.
AND SEE IF THAT PERSON, THAT INDIVIDUAL COMPLIED.
TOLL UP WOULD THEN OCCUR AND SO FORTH AND SO ON.
SO IT WOULD BE A VERY LONG DRAWN OUT PROCESS UNLESS WE PERCEIVED AN IMMEDIATE
DANGER TO THE COMMUNITY.
SO THAT'S HOW OUR SISTERS, OUR PATROL OFFICERS WOULD HANDLE IT.
BUT OUR MET TEAM WHO ARE OUR EXPERTS, TRAINED EXPERTS WHO HAVE WORKED WITH
HUMAN SERVICE PERSONNEL QUITE A BIT, THEY GO OUT TOGETHER EVEN AND THEY HAVE
THAT OUTREACH.
AND THE BEAUTY OF THAT PARTNERSHIP IS THE LIMITED INFORMATION THAT WE AS POLICE
OFFICERS HAVE, OUR PROFESSIONALS IN HUMAN SERVICES CAN TAKE THAT TO THE NEXT
LEVEL AND REALLY TRY TO COME UP WITH CREATIVE WAYS ON HOW TO SUPPORT THAT
INDIVIDUAL IN TRYING TO EITHER, YOU KNOW, MITIGATE THEIR HOUSING SITUATION OR GAIN
THAT VOLUNTARY COMPLIANCE.
>> COUNCILMEMBER LIU: SO IT SEEMS LIKE BECAUSE THERE HAVE BEEN NO ARRESTS, MOST
PEOPLE TEND TO COMPLY, RIGHT?
DO YOU HAVE AN ESTIMATE OF I GUESS WHAT PERCENTAGE TONED TO COMPLY WITH YOU
GUYS AND WHAT HAPPENS, IT SEEMS IN THE RARE CIRCUMSTANCES THAT THEY DON'T
COMPLY WHAT ARE THE NEXT STEPS AFTER THAT?
>> SEAN WASHINGTON: YES, SO I'M NOT AWARE OF ANY SPECIFIC SITUATION WHERE THEY
HAVE NOT COMPLIED.
>> COUNCILMEMBER LIU: SO EVERYBODY HAS COMPLIED WITH YOU GUYS?
>> SEAN WASHINGTON: NO NO NO, I'M NOT SAYING THAT.
WE WOULD LIKELY THROUGH RESOURCES, LIMITED RESOURCES NOT CHOSEN TO
REPRIORITIZE OTHER ACUTE NEEDS THROUGHOUT THE COMMUNITY.
SO IF A PERSON SAY WE DIDN'T ARTICULATE OR IDENTIFY AN IMMEDIATE PUBLIC SAFETY
ISSUE, THERE'S BEEN TIMES WHERE WE HAVE NOT PUSHED THAT ISSUE, RIGHT?
AND BECAUSE WE HAVE, SAY HAVE TEN SISTERS THAT I HAVE LIMITED RESOURCES AND I
KNOW THAT THERE IS A MORE PRESSING ISSUE SOMEWHERE ELSE IN THE COMMUNITY, WE
WILL REDIRECT THOSE RESOURCES TO TRY TO GET COMPLIANCE THERE.
SO BUT MY TEAM IS TELLING ME 90 PLUS PERCENT OF THE TIME THEY ARE GETTING
VOLUNTARY COMPLIANCE.
>> COUNCILMEMBER LIU: MY LAST QUESTION REGARDS YOU GUYS PRIORITIZE WHATEVER
MIGHT BE A PUBLIC DANGER, RIGHT?
DOES THAT ALSO INCLUDE HEALTH HAZARDS, FOR EXAMPLE IF THERE IS AN OPEN HUMAN
DEFECATION URINATION, INCLUDES A HUMAN WASTE THAT COULD BE A BIOHAZARD REALLY,
WHEN PEOPLE THINK OF DANGER IT STILL PRESENTS QUITE A BIG SAFETY HAZARD TO
PEOPLE'S HEALTH WOULD THAT ALSO BE SOMETHING LIKE YOU GUYS PRIORITIZE OR --
>> SEAN WASHINGTON: WELL, YEAH, THAT'S PUBLIC HEALTH AS WELL AND THAT CREATES A
CONCERN FOR THE COMMUNITY AND THEN IF YOU KEEP ADDING IN LAYERS AND MAYBE
THAT, PLUS, YOU KNOW, IT'S IMPACTING A BUSINESS, THAT PLUS THERE'S A POTENTIAL OTHER
ACTIVITIES THERE THAT ARE CONCERNING.
SO AND THAT'S PART OF THE PRIORITIZATION SYSTEM THAT WE HAVE TO ASSURE THAT WE'RE
SPREADING OUR RESOURCES AROUND PROPERLY.
>> COUNCILMEMBER LIU: ALL RIGHT, THANK YOU VERY MUCH CHIEF.
THAT'S PRETTY MUCH ALL THE QUESTIONS I'VE HAD.
>> SEAN WASHINGTON: THANK YOU.
>> MAYOR SALWAN: THANK YOU.
AT THIS TIME, WE WILL OPEN THE FLOOR FOR PUBLIC COMMENT.
HOW MANY CARDS DO WE HAVE?
>> THE CLERK: 194.
>> MAYOR SALWAN: OKAY SO WITH THAT MANY CARDS AND WITH THE AMOUNT OF TIME
WE HAVE LEFT WE WILL REDUCE THE TIME TO 30 SECONDS.
UNLESS SOME PEOPLE WANT TO GIVE UP THEIR TIME SLOTS THEN WE CAN MAYBE EXPAND.
NO?
SEEING NONE, OKAY.
WE'LL MOVE FORWARD.
SO PLEASE -- SO EACH PERSON WILL HAVE 30 SECONDS.
PLEASE STATE YOUR NAME ORGANIZATION AND CITY OF RESIDENCY BEFORE YOU BEGIN.
WE ASK THAT EVERYBODY REMAIN RESPECTFUL AS WE WANT TO HEAR THERE AS MANY
VOICES AS POSSIBLE.
SO THE GROUND RULES FOR TODAY NUMBER 1 IS RESPECTFUL CONDUCT, EVERYBODY HAS
THE RIGHT TO EXPRESS THEIR OPINION.
BUT WE MUST BE CIVIL AND RESPECTFUL AT ALL TIMES.
NO DISRUPTIONS.
THIS MEANS NO CHEERING, NO BOOING NO YELLING, AT SPEAKERS OR COUNCILMEMBERS.
ESPECIALLY COUNCILMEMBERS.
NO JUST KIDDING, EVERYBODY.
NO SIGNS OR POST TERSE.
NO INTIMIDATION.
DON'T ATTEMPT TO SILENCE FOLKS AND OF COURSE WE WILL ENFORCE THE TIME LIMIT SINCE
WE HAVE SO MANY FOLKS.
AND WE UNDERSTAND EMOTIONS RUN HIGH ON THIS ISSUE AND WE ENCOURAGE
EVERYBODY TO BE PASSIONATE BUT BE RESPECTFUL AND WE WILL MAINTAIN THE DECORUM
AT ALL TIMES, WE WANT TO BE SURE EVERYBODY'S VOICE IS HEARD.
IF DECORUM IS NOT FOLLOWED WE WILL ASK YOU TO LEAVE AND WE WILL HAVE NO
HESITATION TO DO THAT.
SO WITH THAT IF WE COULD CALL THE SPEAKERS.
>> THE CLERK: YES, SIR, I WILL CALL SEVERAL SPEAKERS.
FIRST SPEAKER IS RACHEL, I'M NOT SURE OF THIS LAST NAME, IT LOOKS LIKE C-O-U-T-A-N-T.
IF I CALL SPEAKERS IF YOU CAN LINE UP ALONG THE WALL HERE PLEASE SO WE CAN GET
THROUGH AS MANY SPEAKERS AS POSSIBLE.
JANINE DEBAKER, MICHELLE LYNN CHUNG.
TERESA BALLARD AND THADDEUS SPRINKLES.
RACHEL.
>> MAYOR SALWAN: EXCUSE ME ONE SECOND.
SO I'VE BEEN TALKING TO THE CITY ATTORNEY.
AND HE SAYS THAT WE CAN'T BECAUSE OF THE NUMBER OF SPEAKERS WILL NOT BE ABLE TO
FINISH EVERYBODY DURING THAT TIME.
SO WE'RE GOING TO CAP THE TOTAL AMOUNT OF TIME THAT WE WILL BE SPEAKING.
SO THERE MAY BE PEOPLE AT THE END WHO WILL NOT GET TO SPEAK.
AND SO HAVING SAID THAT, I COULD PROBABLY JUST GO TO ONE MINUTE EACH, UNTIL WE
GET TO -- LET'S TRY 10:30 AND SEE HOW FAR WE GET.
OKAY?
THANK YOU.
>> THE CLERK: RACHEL.
>> MAYOR SALWAN: IF YOU ARE ONE OF THE LAST CARDS YOU MAY NOT GET TO SPEAK
TONIGHT.
I'M SURE THERE WILL BE SO MUCH COMMENT FROM SO MANY FOLKS WE'LL GET PLENTY OF
FEEDBACK.
>> MY NAME IS RACHEL, I'VE BEEN PROVIDING FOR ABOUT SIX MONTHS STREET SERVICES TO
THE LOCALLY UNHOUSED COMMUNITY.
THERE IS NO ISSUE, I GET THAT PEOPLE WANT TO CHANGE AND PEOPLE ARE FRUSTRATED BUT
THIS IS NOT AN EFFECTIVE WAY TO MAKE THAT CHANGE.
SIMPLY SEIZING THEIR POTENTIAL BELONGINGS AND FORCING PEOPLE TO RELOCATE IS NOT A
SOLUTION.
YOU WOULD ONLY BE TRAILER MOVING THEM TO A MORE -- TEMPORARILY MOVING TO A
DIFFERENT LOCATION.
NOTHING IN THIS CHAPTER SHALL REQUIRE THE CITY TO PROVIDE HOUSING TO THIS
VIOLATORS.
THUS THIS PROVIDES NO SOLUTION TO THE HOMELESS CRISIS WE HAVE.
THE CITY HAS A CHANCE TO MAKE THIS SITUATION BETTER AND WHAT I CHALLENGE YOU TO
DO IS SAY NO ON THIS CITY ORDINANCE.
I ACKNOWLEDGE THE TIME.
>> JANINE DEBAKER, I'M A RESIDENT OF FREMONT.
FIRST I ASK YOU SEIZE THE OPPORTUNITY TO ASK THAT THE ORDINANCE BE AMENDED AND
CLARIFIED AS TO WHAT AIDING AN ABETTING MEANS RIGHT NOW AND THAT TIES INTO THE
SECOND PART WHICH IS THAT THE POLICE CHIEF'S POLICIES THAT ARE IN PLACE ARE GREAT.
BUT JUST AS COUNCILMEMBER KIMBERLIN SAID, THINGS CHANGE.
WE MIGHT HAVE A NEW PERSON IN CHARGE AND SO WE CANNOT RELY UPON POLICIES WHEN
THE PLAIN LANGUAGE OF THE LAW IS UNCLEAR.
AND FINALLY, I WOULD JUST SAY THAT THIS ORDINANCE AS A WHOLE IS JUST CRUEL AND I ASK
THAT YOU VOTE NO.
THANK YOU.
>> MAYOR SALWAN: OKAY I'M SORRY I'M GOING TO MAKE ANOTHER CHANGE HERE, THIS IS
LIVE.
SO WE'RE GOING TO ALTERNATE SO WE HEARD PROS, LET'S GO TO TWO CONS.
>> THE CLERK: I HAVE NO WAY OF KNOWING THAT.
>> MAYOR SALWAN: YEAH JUST SO WE WANT TO HEAR FROM EVERYBODY.
OKAY.
>> MY NAME IS MICHELLE LYNN CHUNG, I'M A FREMONT RESIDENT OF OVER TORT YEARS.
THANK YOU SO MUCH.
THANKS FOR EVERYONE ON THE CHAMBER ON THE COUNCIL FOR THE HARD WORK THAT YOU
HAVE DONE.
PUTTING THIS ORDINANCE TOGETHER.
I'D LIKE THE COUNCIL TO VOTE YES, LIKE MANY OTHERS, I HAVE FELT UNSAFE AND
EXPERIENCED DANGEROUS SITUATIONS WHILE GOING TO MY GROCERY STORE AND LOCAL
ATM.
I HAVE ALSO SEEN BURN MARKS ON THE WALLS OF THE CAMPSITES.
THANKFULLY THOSE DID NOT CAUSE ANY DISASTERS SO FAR.
I'M GRATEFUL THAT OUR CITY COUNCIL AND FIRE DEPARTMENT HAVE HEARD OUR CONCERNS
AND CAME UP AND WORKED HARD FOR THIS ORDINANCE.
PLEASE VOTE YES FOR AGENDA 2C.
THE PEOPLE OF FREMONT SUPPORT YOU AND THANK YOU FOR DOING YOUR JOB.
>> MAYOR SALWAN: WE'LL GO BACK TO THE ORIGINAL ORDER.
THAT'S FINE.
SORRY, YES.
JUST GO IN THE CARD JUST BECAUSE IT WILL BE DIFFICULT WITH THIS PROCESS.
>> THE CLERK: CHUNG FOLLOWED BY TERESA BALLARD.
>> I'M TERESA BALLARD.
I'M A NEWARK RESIDENT.
A FORMER PLANNING COMMISSIONER THERE, MAYOR AND I SERVED OWN THE BOARD OF
DIRECTORS OF ABODE SERVICES TOGETHER FOR MANY YEARS.
YOUR RESIDENTS ARE FRUSTRATED AND FED UP AND THEY ARE DEMANDING SOLUTION.
BUT YOU AREN'T LOOKING AT A SOLUTION.
THIS ORDINANCE IS A BROOM.
IT SOLVES NOTHING.
IT WASTES RESOURCES ALONG THE WAY.
IT IS NOT A SOLUTION IT IS A WHACK AMOLE WAY.
MOVE PEOPLE AROUND MAYBE OVER TO NEWARK UNTIL WE PUSH THEM BACK YOUR WAY.
HERE IS WHAT HAPPENS, YOU'LL SCARE SOME CAMPERS AWAY, NEW ENCAMPMENTS WILL BE
APPEARING AGAIN WITHIN SIX MONTHS ALL YOUR CONSTITUENTS WILL THEN UNDERSTAND
HOW POINTLESS THIS EXERCISE WAS.
THIS IS WHAT'S ALREADY HAPPENING IN SAN JOSE.
THEIR MAYOR RECENTLY SAID HE WOULD NOT SUPPORT THIS BAN BECAUSE IT IS NOT A
SOLUTION.
DON'T HAVE A SOLUTION THAT IS FAST AND EASY.
DEVOTE FUNDING TO A REAL SOLUTION.
>> THE CLERK: THADDEUS SPRINKLES.
>> AM I GOOD?
>> MAYOR SALWAN: GO AHEAD.
>> I WOULD LIKE TO FIRSTLY SAY, WHAT ARE WE DOING?
THIS IS NOT A SOLUTION.
IT IS VERY CLEAR IT IS NOT A SOLUTION.
WE'RE PLAYING MUSICAL CHAIRS WITH PEOPLE'S LIVES.
WE'RE TREATING THEM AS ALMOST LIKE TRASH LIKE YOU WANT TO SWEEP THEM UP AND PUT
THEM AWAY.
SO I'M SHOCKED THAT THIS IS EVEN A CONVERSATION.
PRETTY DISAPPOINTED, PRETTY IMPRESSED ALSO HOW WE HAVE MANAGED TO MAKE SURE
WE HEAR AS LITTLE FROM THE PEOPLE AS POSSIBLE.
IT IS IMPRESSIVE, IT REALLY IS.
ALSO BASICALLY, JUST THIS IS NOT A SOLUTION.
WE HAVE NO SOLUTION WITH THIS.
ALL WE ARE DOING IS MOVING THEM AROUND.
MOVING THEM FROM PLACE TO PLACE.
AND IT'S TRUE.
AND YOU KNOW THAT IT'S TRUE.
SO I HOPE IF YOU MAKE YOUR DECISION, YOUR DECISION IS YES I WANT YOU TO COME OUT
AND BE THIS IS OUR PERFECT SOLUTION IS TO TOSS PEOPLE AROUND MOVE THEM AROUND
FROM PLACE TO PLACE AND NOT PROVIDE HOUSING, NOT PROVIDE ANYTHING MORE THAN
WHAT WE ALREADY DO.
>> THE CLERK: THANK YOU.
CHUNG FOLLOWED BY AMY DELANDA, JUN MAY ZHANG, FELIX, HERB, CHU, PATTY MADDEN.
>> MAYOR, COUNCIL, CITY MANAGER AND CITY ATTORNEY.
IT HAS COME TO OUR COMMUNITY'S ATTENTION THAT SEVERAL NONPROFITS SOME OF
WHICH MAY STAND TO GAIN FINANCIALLY BASED ON POLICY OUTCOME HAVE GOTTEN INTO
THIS POLICY DEBATE.
HAS ALSO COME TO OUR COMMUNITY'S ATTENTION THAT THE CITY MANAGER WORKS FOR
NONPROFIT BAY AREA COMMUNITY HEALTH AS A MOBILE PROGRAM MANAGER AND SHE HAS
BEEN ACTIVELY PROMOTING THE HOMELESS SERVICE THAT HER EMPLOYER PROMOTES.
WHILE WHAT CAMPBELL DOES ON HER DAY JOB IS PRESENTABLE, TO OBSERVE THE
OBJECTIVENESS OF THE POLICY WE ASK THAT MS. CAMPBELL PLEASE RECUSE HERSELF ON
VOTING ON THIS HOMELESS ENCAMPMENT ORDINANCE.
THANK YOU.
>> HELLO.
MY NAME IS GIN MAY JUN.
A FREMONT RESIDENT FOR MORE THAN 20 YEARS.
I'M HERE TO SUPPORT THE ORDINANCE.
I FEEL THAT PUBLIC SPACES SHOULD BE SAFE CLEAN AND ACCESSIBLE TO EVERYBODY.
A FEW MONTHS AGO I VISITED IRVINGTON FARMERS MARKET.
WHEN I WAS TRYING TO PARK MY CAR IN THE NEAR EAST PARKING LOT I SAW A HOMELESS
TENT ON THE CORNER.
THE WHOLE PARKING LOT HAD A VERY STRONG URINE SMELL THAT NOBODY WANTED TO
PARK NEAR.
IT IS NOT A SANITARY SITUATION BECAUSE IT IS SO CLOSE TO THE FARMERS MARKET.
WE SHOULD NOT ALLOW THAT TO HAPPEN.
AND FOR MANY YEARS, OUR CITY HAS ALLOWED THE HOMELESS TO STAY ON THE PUBLIC
SPACES AND STRAIGHT AND I HAD WRITTEN THIS SOME HOMELESS CURSING AT PEOPLE,
RANDOMLY SCARING PEOPLE.
IT IS A VERY SCARY SITUATION.
WE ALLOW -- AS A REGULAR --
>> MAYOR SALWAN: THANK YOU MA'AM.
THANK YOU, YOU CAN SUBMIT YOUR PAPER IF YOU WOULD LIKE TO LEAVE THE REST OF YOUR
STATEMENT.
THANK YOU.
>> GOOD EVENING, MAYOR SALWAN AND COUNCILMEMBERS MY NAME IS SHARIFIAN WAN,
I'M THE CHIEF EXECUTIVE OFFICER OF ABODE SERVICES.
MANY OF YOU ALREADY KNOW THAT.
FIRST OF ALL, THANK YOU FOR TONIGHT, THANK YOU FOR LEADERSHIP.
LEADERSHIP IS REALLY HARD.
AND I SEE ALL OF THE PUBLIC COMMENTS BOTH WRITTEN AND HERE TONIGHT, IT'S A MIX.
SO YOU'RE HEARING FROM EVERYONE ALL AROUND AND YOU'RE NOT GOING TO ACTUALLY BE
ABLE TO WIN THE HEARTS AND MINDS OF EVERYONE.
LIKE WE UNDERSTAND THAT.
WHAT I AM SAYING IS, THIS ORDINANCE DOES NOT REFLECT YOUR INTENTIONS.
I KEEP HEARING THE INTENSE IS NOT TO THIS, THE INTENTION IS NOT TO THIS.
YOU NEED TO MORE NARROWLY DEFINE THIS.
STAFF HAS WRITTEN THE ORDINANCE THAT HAS TAKEN THE MOST EGREGIOUS, THE STRICTEST
OF EVERYTHING AND PUT IT INTO ONE.
THAT IS NOT REFLECTING OUR COMMUNITY OR YOUR INTENTIONS.
I ASK YOU, DO YOU WANT TO BE ON THE --
>> HI, MY NAME IS AMY DELANDA, I'M A FREMONT RESIDENT OF 30 YEARS.
THE ORDINANCE IS COMPLETELY VAGUE, INTERESTINGLY, CURING YOUR DECEMBER 17TH
MEETING MOST MUCH YOU COMPRESSED SOME, I HEAR YOU DOING SO NOW AS WELL.
UNTIL SUCH A TIME WHEN COUNCIL CAN PLAINLY DEMONSTRATE WHAT ENFORCEMENT
LOOKS LIKE FOR FREMONT PD, ILLUSTRATES THE FINANCIAL AND SOCIAL IMPACT THIS
ORDINANCE WOULD HAVE ON THE PUBLIC ANY ATTEMPT TO ENFORCE THIS IS MORALLY
REPREHENSIBLE.
PER THE INITIATIVE THE AIM IS INTENDED TO CULTIVATE EMPATHY AND PUT COMPASSION
INTO ACTION.
THIS ORDINANCE DOES NOT ALIGN WITH THE 2026 COMMUNITY PLAN WHICH THIS COUNCIL
ADOPTED ONLY SEVEN MONTHS AGO.
INCLUDE FAIR TREATMENT EQUAL OPPORTUNITY AND FAIRNESS TO THEIR COMMUNITIES,
WHICH OF THIGHS DO YOU FEEL THIS ORDINANCE REFLECTS?
>> HI, MY NAME IS FELIX, I'M A RESIDENT OF DISTRICT 1 AS WELL AS THE LEADER OF STREET
MINISTRY FOR RESONATE CHURCH.
THANK YOU FOR ALL THE DISCUSSIONS YOU GUYS HAVE.
I THINK ONE PART I REALLY WANT TO BRING OUT IS THE COMPLEXITY OF THE ISSUE.
AND DEFINITELY APPRECIATE THE CONVERSATION AROUND THE UNHOUSED BUT I THINK THAT
MANY OF THEM ARE ACTUALLY RESIDENTS, THEY HAVE GROWN UP IN THE CITY HERE AND I
REALLY WANT TO APPEAL TO YOUR JUST REALLY TREATING THEM HUMANELY AS WELL AS THE
PART ABOUT, YOU KNOW, REALLY HELPING THE PEOPLE WHO GO OUT WHO HELP THEM AS OF
RIGHT NOW WE HAVE 30 MEMBERS THAT ARE OUT THERE RIGHT THOUSANDS HELPING,
ENGAGING THEM IN CONVERSATION AND MANY OF YOUR PROGRAMS HAVE REALLY HELPED
THEM AND GET THEM OFF THE STREETS.
>> THE CLERK: THANK YOU.
AFTER HERBERT CHU AND PATTY MADDEN ARE ALEXANDER GREGORY, ROSA CHUNG, ELAINE
SANCHEZ, MATTHEW TAYLOR, TOM TAYLOR, JENNA DAUGHERTY, KATHY MIRANDA.
SIR.
>> GOOD EVENING, MAYOR AND COUNCILMEMBERS, MY NAME IS HERB CHU, I'M A HEALTH
CARE PROVIDER IN FREMONT OVER 30 YEARS.
I'M HERE TO EXPRESS MY SUPPORT FOR THE RECENTLY PASSED ORDINANCE ON
ENCAMPMENT IN OUR CITY.
THIS MEASURE HAS THE BACKING OF THE CITY STAFF, POLICE, ASSOCIATION, FIRE
DEPARTMENT, LOCAL BUSINESSES AND MAJORITY OF FREMONT CITIZENS.
THEY MAY BE SILENT BUT THEY SUPPORT IT.
I BELIEVE IT IS A CRUCIAL STEP TOWARDS ENSURING THE SAFETY AND WELL-BEING OF ALL
RESIDENTS.
BY IMPLEMENTING THE ORDINANCE WE CAN START WORKING TOGETHER TO BUILD MORE
HUMANE AND EFFECTIVE SOLUTIONS.
TO ADDRESS HOMELESSNESS AND PROVIDE SUPPORT FOR THOSE IN NEED.
I COMMEND YOUR LEADERSHIP IN PRIORITIZING THE NEEDS OF THE COMMUNITY INSTEAD OF
THE IDEOLOGY OR OTHER INTENTIONS AND TAKING THERE IMPORTANT STEP TO ADDRESS A
PRESSING ISSUE.
THANK YOU.
>> HI, I'M PATTY MADDEN I'M HERE FOR MYSELF AND THE CITY OF FREMONT, THE HOMELESS.
I WANT YOU TO VOTE NO ON THE BAN.
I WORK FOR HOUSING AUTHORITY FOR 24 YEARS AND I HOPED THE HOMELESS THEN AND I'D
LIKE TO CONTINUE HELPING THE HOMELESS ANY WAY POSSIBLE.
I THINK THE COUNCIL HERE IS FOR THE CITY OF FREMONT AND THAT INCLUDES THE
UNHOUSED.
I'VE GOT A QUESTION THAT WHEN WE HAD DEVELOPERS AND DEVELOPERS WOULD PUT
MONEY TOWARDS UNITS FOR THE UNHOUSED, AND SOME OF THESE UNITS WOULD BE FOR
LOW INCOME HOUSING AND I DON'T KNOW IF THAT'S STILL GOING ON.
I KNOW YOU TOOK THE MONEY FOR A WHILE THERE FOR THE JUNIOR HIGH SCHOOLS TO
MAKE THEM LARGER BUT I DON'T KNOW IF YOU'VE DONE IT TOWARDS THE UNHOUSED IF
ANY MORE UNITS ARE FOR THE UNHOUSED AND I'D LIKE TO SEE THAT CONTINUE AND
ANYTHING I CAN DO I'M HERE FOR HELPING THE UNHOUSED, ANYTHING I'M RETIRED NOW
AND I HAVE EMPATHY FOR THEM.
AND SO --
>> GOOD EVENING, MAYOR SALWAN AND HONORABLE MEMBERS OF CITY COUNCIL.
AS THE FREMONT POLICE ASSOCIATION PRESIDENT I REPRESENT 191 POLICE OFFICERS AND
SERGEANTS.
EVERY DAY WE CONDUCT OUTREACH TO THE UNHOUSED COMMUNITY.
FOR INSTANCE, WE PROVIDE NO LESS THAN ACCESS TO OVER 24 DIFFERENT SERVICES, WE
PARTICIPATE IN OVER 10 ONGOING PROGRAMS, AND FOR THE PAST EIGHT YEARS, WE HAVE
DEDICATED THREE FULL TIME OFFICERS TO SERVICE THE UNHOUSED COMMUNITY THROUGH
THE MET PROGRAM.
DESPITE ALL THESE EFFORTS A SMALL PORTION OF THE UNHOUSED COMMUNITIES CREATES
APPROXIMATELY 20% OF OUR CALLS FOR SERVICE WHICH DISTRACTS FROM OTHER
PRIORITIES.
OUR COMMUNITY NEEDS A TOOL THAT ENABLES US TO RELIEVE THE STRAIN ON OUR PUBLIC
SAFETY SERVICES, WHILE PROTECTING AND ONLY POWERING OUR CITY TO SERVE OUR
COMMUNITY.
THANK YOU.
>> MY NAME IS ELAINE SANCHEZ AND I'M SPEAKING ON BEHALF OF THE SISTERS OF THE HOLY
FAMILY.
WHO WE HAVE BEEN RESIDENTS HERE FOR MANY YEARS.
WE ARE FROM DISTRICT 5.
AND AFTER LISTENING TO SOME OF YOUR QUESTIONS, I'M LEFT WITH WHY DO WE NEED AN
ORDINANCE?
WE HAVE THINGS IN PLACE TO CARE, TO TAKE CARE OF THE ISSUES.
BUT ANYWAY, WHAT I WANT TO SAY, IN RECENT YEARS, OUR EXPERIENCE IN WORKING WITH
CITY STAFF AND LOCAL ORGANIZATIONS, ON ISSUES RELATED TO THE UNHOUSED HAS ALWAYS
BEEN COMPATIBLE WITH OUR MISSION.
AND AT THIS TIME, WE ARE VERY MUCH OPPOSED TO THIS ORDINANCE AND IT DOES NOT
REFLECT THE SAME SPIRIT THAT MANY OF US STAKEHOLDERS HAVE HAD IN WORKING WITH
THE CITY OF FREMONT ON THIS ISSUE.
IT'S HARD FOR ME TO UNDERSTAND WHY YOU DID NOT MEET WITH THE STAKEHOLDERS IN
OUR COMMUNITY BEFORE THIS ORDINANCE WAS --
>> DEAR COUNCILMEMBERS, I HAVE BEEN LIVING IN FREMONT OVER 40 CAREERS.
I LOVE FREMONT.
THIS IS MY HOME.
BUT WE ARE LIVING IN FEAR.
WE ARE LIVING IN FRUSTRATION BECAUSE THE HOMELESS AT OUR BACKYARD ARE CREATING A
LOT OF NUISANCES, INCLUDING THREATS TO OUR SAFETY.
PLEASE VOTE YES TONIGHT AND THEN WE'LL WORK ON OTHER SOLUTIONS.
I DO HOPE, I DO NOT HAVE TO AWARE ALL THIS WHENEVER I STEP OUT OF MY HOUSE.
THANK YOU.
>> MY NAME IS MATTHEW TAYLOR, I'M A RESIDENT OF THE CITY OF SAN JOSE AND I WANT TO
THANK THE MAYOR THE VICE MAYOR AND THE CITY COUNCIL FOR YOUR COMMITMENT TO
SUPPORTING THE UNHOUSED POPULATION.
IN YOUR CAREFUL CONCERNS, WE MUST ALSO ACKNOWLEDGE THE SERIOUS CONCERNS OF
THE COMMUNITY.
I'VE WORKED IN FREMONT, I'VE SEEN IT ADVANCE TO A HUB FOR MANUFACTURING, PLAY A
CRUCIAL ROLE IN THE LOCAL ECONOMY AND THE JOB MARKET.
HOWEVER ONGOING SAFETY AND OPERATIONAL ISSUES FROM ENCAMPMENTS AND
BUSINESS PARKS ARE CREATING MAJOR CHALLENGES.
COMPANIES ARE RECONSIDERING FURTHER INVESTMENT AND SOME OF EVALUATING
WHETHER TO REMAIN IN FREMONT AT ALL.
ADDITIONALLY FIRSTHAND KNOWLEDGE OF BUSINESSES THAT HAVE CHOSE TON LOCATE OR
EXPAND HERE DUE SPECIFICALLY TO THESE ISSUES.
I'VE STATEMENTS FROM BUSINESS OWNERS AND OTHER PROPERTY OWNERS THAT I'D LIKE TO
SUBMIT FOR YOUR CONSIDERATION.
THE CITY'S POSITION IN THE CALIFORNIA ECONOMY ARE GOING TO BE AFFECTED BY THE
DECISION TONIGHT SO I ASK THAT YOU CAREFULLY CONSIDER YOUR VOTE.
THANK YOU.
>> THANK YOU FOR HEARING ME.
TOM TAYLOR FROM SAN JOSE.
35 YEARS AGO, I SOLD ALL THE LAND AT THE NORTH PORT BUSINESS PARK AND FOR THREE
DECADES HAVE BEEN TRYING TO MOVE ADVANCE MANUFACTURING BUILDINGS COMPANIES
THERE.
IT'S BEEN GREAT UP UNTIL ABOUT FOUR YEARS AGO, AND SIX OR SEVEN OF THE COMPANIES I
MOVED ARE THREATENING TO LEAVE.
MANY OF THEM HAVE DROPPED THEIR WELLNESS PROGRAM, WALKING DURING LUNCH.
THEY'VE BONE ACCOSTED BY HOMELESS, THEY CAN'T USE THEIR SIDEWALKS, THEY'VE BEEN
VANDALIZED AT NIGHT.
IT'S REALLY BECOME AN ISSUE.
I'M WITNESSING FIRSTHAND VACANCIES THAT ARE HARD TO FILL AND COMPANIES THAT ARE
THREATENING TO MOVE.
I SEE IT DAILY.
THANK YOU.
>> THE CLERK: AFTER JENNA DAUGHERTY AND KATHY MIRANDA, BERTHA, I'M SORRY, I CAN'T
READ HIS NAME, THEN DAVID GUTIERREZ, YISHI SHERN, MAY LING LEE, MIN PAN AND SIERRA
FIELDS.
MS. JENNA.
>> GOOD EVENING, I'M JENNA DAUGHERTY, A TRANS-ADVOCATE AND A LEADER OF FREMONT
FOR EVERYONE.
WE CANNOT LET FEAR AND HATE OF THE OTHER RUN OUR CITY.
EVEN IF THE AIDING AND ABETTING LANGUAGE IS REMOVED, IT STILL CRIMINALIZES FOR
BEING UNHOUSED.
40 ORGANIZATIONS INCLUDING THE ACLU SAYS IT'S UNIQUELY CRUEL AND CAN OPEN US UP
FOR COMPETING LAWSUITS.
WE NEED TO FUND AND EXPAND OUR EXISTING PROGRAMS AND NOT PASS ORDINANCES,
STAFF SAYS WILL NOT REDUCE HOMELESSNESS ANYWAY.
VOTE NO ON THE CAMPING BAN.
THANK YOU.
>> HI, I'M KATHY MIRANDA FROM I'VE BEEN A FREMONT RESIDENT FOR 30 YEARS.
I WAS PROUD TO BE A RESIDENT OF FREMONT.
THE COMPASSIONATE CITY.
UNTIL RECENTLY.
WE, A FEW YEARS AGO OR A YEAR AGO, WE TOOK A SURVEY ON THE HOMELESSNESS
RESPONSE PLAN.
I DON'T FEEL LIKE IT'S HAD ENOUGH TIME TO MAKE A DENT YET BEFORE STARTING TO
CRIMINALIZE HOMELESSNESS IN OUR COMMUNITY.
WHERE IS THE COMPASSION IN OUR COMPASSIONATE CITY?
THANK YOU.
THERE HI, I'M BERTHA DELANDA, FREMONT THE HAPPIEST CITY IN AMERICA.
FOUR YEARS AGO, THE FREMONT NAVIGATION CENTER WAS TOUTED AS THE ANSWER TO OUR
HOMELESS ISSUE.
$9.TRICK MILLION WAS SPENT AND AT THE END THEY LET US KNOW THEY WERE ONLY GOING
TO HELP 25 PEOPLE AT A TIME.
THAT COULD CREATE A LOT OF SUBSIDIZED HOUSING VOUCHERS FOR THE 9,000 PEOPLE OR
THE 900 PEOPLE THAT WE HAVE ON THE STREETS RIGHT NOW.
AND RIGHT NOW THEY'VE POSTED THAT THEY'VE HELPED JUST BASICALLY ABOUT 75 PEOPLE A
YEAR WHICH IS RIDICULOUS.
IT IS HARD FOR ME TO SIT HERE AND LISTEN TO THIS CITY PUSH A $33 MILLION NEW
COMMUNITY CENTER TO MAKE SURE THAT SALLY AND SUSAN HAVE THEIR BABY SHOWER BUT
NOT SPEND ENOUGH MONEY TO HELP THE HOMELESS IN THIS CITY.
I'D LIKE EVERYBODY ELSE DON'T LIKE TO SEE THE HOMELESS IN THE STREET.
I DON'T WANT TO SMELL THE URINE EITHER, I DON'T WANT TO SEIZE THE GARBAGE.
BUT THE SOLUTION HAS TO WORK, IT CAN'T BE THAT YOU JUST PUSH THEM FROM ONE
CORNER TO THE OTHER.
I OBJECT TO THIS MEASURE AND I HOPE THAT IT'S --
>> GOOD EVENING.
MY NAME IS DAVID GUTIERREZ AND MY WIFE AND I HAVE BEEN SMALL BUSINESS OWNERS IN
FREMONT INVOCATION DIRECT ON ENTERPRISE STREET FOR THE PAST 17 YEARS.
WE HAVE PERSONALLY CROWNED ON OUR BUSINESS, RVS AND TRAILERS WITH POPOUTS ON
THE SIDE, WHICH CREATE DANGEROUS CONDITIONS.
CARS AND TRUCKS WITH NO CURRENT REGISTRATION, CREATE TRASH, WASTE AND
UNTETHERED DOGS ACROSS OUR PATHWAY THAT TAKINGS CUSTOMERS TO OUR OFFICE.
CUSTOMERS HAVE COMPLAINED ABOUT HAVING TO MANEUVER AROUND ENCAMPMENTS
AND HAVE ALSO QUESTIONED SAFETY IN OUR AREA OR THEY HAVE DECIDED NOT TO
PATRONIZE OUR BUSINESS AT ALL.
AT THIS TIME, SITUATION HAS TO CHANGE IMMEDIATELY.
43 CAMPER TRAILERS WITHIN A HALF MILE OF OUR BUSINESS.
WE SUPPORT THIS ORDINANCE AND HOPE IT WILL BE PASSED BY THE CITY.
THANK YOU.
>> MY NAME IS LYNN, I'VE BEEN LIVING IN THE CITY FOR 20 YEARS AND I SUPPORT THIS -- THE
COUNCIL AND THE CITY TO MAKE THE DECISION BECAUSE NOT ONLY TALKING ABOUT THE
COMMUNITY AS A HEALTHY AND SAFETY ISSUES BUT ALSO, IT'S JUST SHOCKING TO SEE SO
MANY RESOURCES HAVE BEEN PUT INTO THIS HOMELESS ISSUE, IT IS A COMPLEX SITUATION,
COMPLEX ISSUE, BUT I DON'T AGREE THAT THIS -- PEOPLE TALKING ABOUT MOVING PEOPLE
FROM THIS CORNER TO ANOTHER CORNER, IT IS THE THING THAT I WOULD EMPHASIZE THE
PEOPLE ITSELF WAS AN OCCUPIER WITH LIKE LIVING ON THE STREET THEY HAVE THEIR OWN
ISSUES.
AND COMPASSION DOESN'T MEAN LIKE WE ALLOW PEOPLE TO STAY ON THE STREET WITH
UNSAFETY AND UNCLEAN ENVIRONMENT.
IT IS SOMETHING THAT WE ALL NEED TO MAKE AN EFFORT TO WORK ON.
>> HELLO, MY NAME IS ISU STERN, I'VE BEEN A RESIDENT OF FREMONT FOR 22 YEARS.
I'M ASKING THE COUNCIL TO CONTINUE TO SUPPORT THE ORDINANCE.
WHILE WE'VE EMBRACED THE ISSUE OVER THE YEARS THE RECENT HOMELESSNESS HAS
REALLY INTRODUCED A LOT OF HEALTH AND SAFETY CONCERNS AS POINTED OUT BY MANY
OTHERS.
THE WELL-BEING OF OUR COMMUNITY IS DEFINITELY AT RISK AND IT HAS FURTHERS
NEGATIVE IMPACT ON OUR ECONOMY AND LOCAL DEVELOPMENTS, LOCAL BUSINESS OWNERS
AND IMPACTING OUR GROWTH AND DEVELOPMENT OF OUR FUTURE OF OUR COMMUNITIES.
WHILE WE TACKLE FOR THE BETTER SOLUTIONS AND MAKING BETTER PROVISION FOR THE
HOMELESS, WE DO NEED AN ORDINANCE IN PLACE TO PROTECT THE RESIDENTS AND THE
LOCAL BUSINESS OWNERS.
IMMEDIATELY, WITHOUT FURTHER CAUSING DETERIORATION TO OUR COMMUNITY.
THANK YOU.
>> THE CLERK: THANK YOU.
AFTER MAY LING LEE AND SIERRA FIELDS, PADMA GOPALA KRISHNAN, RICHARD JEROME,
RAMESH, SETH, AND KARUMA RAMACHANDRA.
>> I'M (INAUDIBLE) SOLUTION WITH FIVE LOCATIONS ACROSS THE BAY AREA.
OUR FIRST LOCATION IS OPENED IN FREMONT, WHILE WE'RE GROWN, THIS HAS FACED
CHALLENGES, REMOVAL OF HOMELESS INDIVIDUALS JUST THIS JANUARY.
AS A HOMEOWNER MY TOP PRIORITY IS THE SAVING OF MY CUSTOMER AND EMPLOYEES.
THAT IS WHY I'M VOTING YES ON THE CAMPING BAN, WE NEED STRONGER PROTECTIONS FOR
OUR BUSINESSES, A STRONGER FREMONT MEANS A SAFER COMMUNITY FOR ALL OF US.
THANK YOU.
>> HELLO, MY NAME IS SIERRA FIELDS, I HAVE BEEN A FREMONT RESIDENT FOR 24 YEARS.
AND I AM A SOCIAL WORKER.
AND I DON'T BELIEVE IN PUNITIVE ACTION IS A REAL SOLUTION.
EVEN WITH NO ARRESTS, PEOPLE ARE STILL DISPLACED.
MORE HUMAN SERVICES ARE NEEDED.
WITH THE POLICE ALREADY RECEIVING FOUR TIMES THE BUDGET OF -- THAN OF HUMAN
RESOURCES THERE ARE BETTER WAYS THESE FUNDS CAN BE USED.
SUCH AS SOCIAL SERVICES, LIKE HOUSING FIRST INITIATIVES AND AFFORDABLE HOUSING,
WHICH ARE THE ONLY TRUE LONG TERM OPTIONS IF YOU DON'T WANT PEOPLE TO CAMP.
AND THESE ARE TRUE PUBLIC SAFETY ACTIONS.
VOTE NO ON THIS ORDINANCE.
THANK YOU.
>> MY NAME IS DEAN, BOARD MEMBER OF HUNDREDS OF MOM AND POP HOUSING
PROVIDERS IN FREMONT.
WE STRONGLY SUPPORT THE PASS THE BAN --
>> THE CLERK: SORRY DID I CALL YOUR NAME?
>> MY NAME IS (INAUDIBLE) I THINK YOU DID.
>> THE CLERK: SORRY ANOTHER MIN CAME UP SORRY, MY APOLOGIES.
>> CAN I LEAD OR --
>> THE CLERK: >> MAYOR SALWAN: GO AHEAD, SOMEBODY ELSE NAMED MIN CAME UP.
CAN WE START HER TIMER AGAIN?
>> OKAY THANK YOU.
MY NAME IS MIN, BOARD MEMBER OF BAHN REPRESENTING HUNDREDS OF MOM AND POP
HOUSING PROVIDERS IN FREMONT.
WE STRONGLY SUPPORT THE REASON TO PASS THE BAN AND IN FREMONT CITY.
OUR MEMBERS HAVE BEEN SUFFER MANY YEARS OF ISSUES IN FREMONT.
THE BAN IS THE BOAST WAY TO PROVIDE HUMANITY TO THOSE PEOPLE WHO REALLY ARE IN
NEED AND THIS IS A CRUCIAL STEP TOWARDS TO ENSURE THE SAFETY AND WELL-BEING OF
ALL RESIDENTS AND BUSINESSES IN FREMONT.
THANK YOU SO VERY MUCH.
>> HELLO, EVERYONE, GOOD EVENING, MY NAME IS SU JIN JA.
I LIVE IN FREMONT MORE THAN 20 YEARS.
I STRONG SUPPORT AND INCOME THANK YOU.
>> THE CLERK: I'M SORRY, I DIDN'T GET YOUR NAME.
SU JIN JA.
I SAW MY NAME.
>> THE CLERK: WE PLUS HAVE SEVERAL PEOPLE GIVE NAMES HERE.
SORRY.
>> YEAH, I LIVE IN FREMONT MORE THAN 20 YEARS.
YEAH I'M THE CITY, THANK YOU MAYOR AND --
>> MAYOR SALWAN: THANK YOU VERY MUCH WE APPRECIATE IT.
>> GOOD EVENING, COUNCILMEMBERS, I'M PADMA, I STAND IN STRONG SUPPORT OF
ORDINANCE, ALL BUSINESSES AND RESIDENTS ALIKE.
I PERSONALLY SUPPORTED MANY HOMELESS ORGANIZATIONS INCLUDING ABODE SERVICES
AND I BELIEVE IN COMPASSIONATE SOLUTIONS BUT I WITNESS WHAT HAPPENS EVERYONE DAY
AND THIS SHOULD NOT CONTINUE.
THIS MUST INSURE THAT THE SOURCES, TEMPORARY HOUSING, MENTAL HEALTH SERVICES
AND MOST IMPORTANTLY JOB ASSISTANCE.
FEAR MONGERING, AND THE OPTIONS OF THE ORDINANCE ARE CAUSING REAL HARM TO THE
UNHOUSED.
PLEASE BUSINESS TO THE FPA BUSINESS LEADERS AND MAJORITY OF FREMONT RESIDENTS.
WE WOULD LIKE TO MAKE SURE THAT YOU CLARIFY THE AID AND ABET CLAUSE SO JUST AS
THE COUNCILMEMBER KIMBERLIN AND LIU AND PASS THIS ORDINANCE TODAY.
THANK YOU.
>> THE CLERK: THANK YOU.
AFTER RICHARD JEROME IS RAMESH KUMAR, SANIL SETHY, CAROONA, HARINDER SINGH AND
CHEN CHIMA.
>> YES MY NAME IS RICHARD JEROME AND I'M A 60 YEAR RESIDENT OF FREMONT, TONIGHT'S
VOTE IS A VERY DIFFICULT VOTE BUT ONE YOU NECESSARILY NEED TO TAKE.
COUNCIL NEEDS TO APPROVE THE CAMPING ORDINANCE TO ENSURE THAT HEALTH AND
SAFETY OF ITS BUSINESS OWNERS, HOMEOWNERS, CHILDREN OR ANYONE WHO WISHES TO
USE THE CITY PARK OPEN SPACE OR SIDEWALK WITHOUT FEAR OF INTIMIDATION.
FREMONT IS THE FOURTH LARGEST CITY IN THE BAY AREA.
AND THE THREE LARGEST CITIES OF SAN JOSE, OAKLAND AND SAN FRANCISCO HAVE ALREADY
IMPLEMENTED IN ONE FORM OR ANOTHER A CAMPING ORDINANCE.
IT IS NOW FREMONT'S TURN TO DO SO.
THOSE WHO OPPOSE THE BAN OFFER AN EXCUSE THAT ANYONE CAUGHT GIVING WATER OR
REPAIR OF THE HOMELESS INDIVIDUAL CAN BE FIND OR IMPRISONED.
NOTHING CAN BE FURTHER FROM THE TRUTH BECAUSE COMMON SENSE SHOULDN'T ALWAYS
BE USED WHEN APPLYING THIS AIDING AND ABETTING.
THANK YOU.
>> HELLO, MY NAME IS SANIL SATI, I'M A 50 YEARS RESIDENT OF FREMONT.
I HAVE CONCERN ABOUT THE SIZE OF THE HOMELESS ENCAMPMENT LOCATED BEHIND OUR
HOMES.
IT IS LOCATED AT ISHERWOOD PARK, WE WALKED IT WITH DESRIE CAMPBELL.
THANK YOU FOR ACCOMPANYING US WITH THAT WALK.
THE STAIRCASES THEY BIRTH FOR THE RAVINE OVER THERE OUR CONCERN IS IT COULD CATCH
ON FIRE.
THERE IS A LOT OF ACTIVITY THERE.
THEY DO CAMPSITES, THEY HAVE PROPANE TANKS, THEY HAVE FIREWORKS, THEY HAVE
DISTURBANCES AT NIGHT.
THERE'S A LOT OF DEBRIS.
THERE IS A LOT OF WOOD.
THERE'S A LOT OF DRY BRUSH.
IF IT WERE TO CATCH ON TIRE OUR HOMES WOULD BE THE FIRST TO GO AND WE WOULD BE
HOMELESS.
YOU BARELY HAVE THE RESOURCES TO TAKE CARE OF THE EXISTING HOMES, IT IS VERY CLEAR
AND ARTICULATE, THE DISCUSSION ON THIS MATTER.
THANK YOU VERY MUCH.
>> HI EVERYBODY, THIS IS DEPAK SATI, I'M ALSO A FREMONT RESIDENT FOR THE PAST 25
YEARS.
I DO HAVE THE SAME CORNER.
I DO SUPPORT THIS MEASURE BECAUSE, YOU KNOW, WE LIVE IN THE NAKED WHERE HOME
ISLESS PEOPLE ARE LIVING IN OUR BACKYARD WITH PROPANE TANKS.
I WANT TO ASK THIS QUESTION OF THE PEOPLE WHO ARE AGAINST THIS.
HOW IS IT OKAY FOR THEM TO LIVE IN THOSE CAMPSITES WITH COLD WEATHER WITH THE
RAIN AND EVERYTHING?
I THINK WE NEED TO HAVE MEASURES TO HELP THEM MOVE OUT OF THOSE AREAS TO GIVE
THEM SUPPORT HOUSING HOMES.
AND ALL THESE PEOPLE WHO ARE AGAINST IT, THEY NEED TO REALIZE FOR PEOPLE LIKE US
WHO HAVE THE BACKYARDS WITH PROPANE TANKS, SCARY DOGS, WE CAN'T EVEN WALK IN
OUR NEIGHBORHOODS BECAUSE THESE GUYS, THEY COME AND QUESTION US WHEN WE GO
ASK THEM FOR IF THEY NEED ANY HELP.
I'M IN SUPPORT OF THIS ORDINANCE.
AND PLEASE, PASS IT TONIGHT.
BECAUSE WE LIVE IN THIS NEIGHBORHOOD WHERE WE WANT TO BE SAFE.
>> I DON'T NEED THE SPEAKER, YOU CAN START MY MINUTES BUT I DON'T NEED THAT,
EVERYONE WILL HEAR ME.
HELLO COUNCIL AND MAYOR AND MY NAME IS JERMAINE JEROME, I'M HERE TO ENCOURAGE
THE COUNCIL TO PASS THE BAN.
I HAVE LIVED IN MY HOME FOR 43 YEARS AND MY PEOPLE AND MY NEIGHBORS DESERVE
SOME PEACE AND SAFETY FOR OUR LIVES.
FOR YEARS WE HAVE LIVED WITH TIRE SMOKE TRAPS NOISE MURDER, DRUG OVERDOSES,
AND DOGS THAT RUN LOOSE AND BARK ALL NIGHT.
WE ARE UNABLE TO KEEP OUR WINDOWS OPEN EVEN IN SUMMER, DUE TO CAMP FIRE
SMOKE.
NOW IS THE TIME TO PASS THIS BAN, 24 OTHER CITIES IN CALIFORNIA HAVE PASSED SIMILAR
BANS.
SO FREMONT IT IS YOUR TURN.
>> THANK YOU, RAMESH KUMAR, KARUMA, PARVINDER SINGH AND CHEN CHI MA.
>> I'VE BEEN A FREMONT RESIDENT FOR THE LAST 15 YEARS.
SO FAR THERE HAVE BEEN OVER 15 SIGNED PETITION TO SUPPORT THIS ORDINANCE, ONE IS
PUBLIC HEALTH RISK, SECOND IS PUBLIC SAFETY RISK, THE THIRD IS WIFI RISK, I DON'T HEAR
TOO MANY PEOPLE MENTION ABOUT THIS.
THERE WAS RADIO FIRE IN A COMMERCIAL BUILDING IN FREMONT AND WILDFIRE FOR THE
LAST SEVERAL YEARS.
THIS IS A PRETTY IMPORTANT RISK.
SEEKING A PRACTICAL SOLUTION WHILE SHOWING COMPASSION TO THE LESS FORTUNATE,
BUT THEIR RIGHT SHOULDN'T OVERRULE THE LIFE FOR THE RESIDENTS, THANK YOU.
>> THE CLERK: JASPREET SINGH, LIBERTY TESKE, ELAINE CHIN, JOE ROSE.
KATHY LIU.
COME UP AND STATE YOUR NAME PLEASE.
>> HI, MY NAME IS ELENA CHEN.
TONIGHT I STRONGLY URGE THE COUNCILMEMBERS TO SUPPORT THE ENCAMPMENT
ORDINANCE AND HAVE IT PASSED TONIGHT, WE WOULD REALLY APPRECIATE IT.
SO FREMONT CAN BE CLEAN AND SAFE FOR ALL OF THE FREMONT RESIDENTS.
I GIVE YOU ONE EXAMPLE, MY NEIGHBOR HAS PEOPLE DEFECATE THEIR FRONT PORCH, THEIR
DOOR, CONTINUOUSLY FOR TWO WEEKS, IT TOOK A LONG TIME, THE WHOLE COMMUNITY TO
GET INVOLVED.
FINALLY, THE POLICE DEPARTMENT CAN HELP US REMOVE THE PERSON WHO HAVE ISSUES.
SO I MEAN SOME PEOPLE DOES NEED HELP AND WE NEED TO GIVE POLICE OR FIRE PEOPLE
THEIR TOOL.
>> THE CLERK: THANK YOU.
CAN YOU COME UP AND STATE YOUR NAME PLEASE.
>> HELLO, I'M A RESIDENT FOR 55 YEARS.
I STRONGLY URGE THE COUNCIL TO APPROVE 2C TONIGHT FOR THE SAFETY OF ALL THE
RESIDENTS IN FREMONT, OKAY, AND FOR THE ISSUES THAT SOME OTHERS HAVE RAISED
CONCERNING THE NUMBER OF BEDS AVAILABLE, I MEAN THAT IS A DIFFERENT ISSUE THAT
THE CITY COUNCIL HAS TO ADDRESS.
FOR INSTANCE, BY REFUSING THE SIZE OF THE NEW COMMUNITY CENTER.
THANK YOU.
>> GOOD EVENING.
MY NAME IS KATHY LIU.
I'M A FREMONT RESIDENT FOR OVER 25 YEARS.
SO TONIGHT I URGE YOU FREMONT LEADERS, FREMONT RESIDENTS TO VOTE YES ON THE
ORDINANCE BECAUSE ENCAMPMENT IS REALLY NOT SAFE.
FOR EVERYONE, INCLUDING THE INDIVIDUALS LIVING IN THEM AND ALSO FOR THE
SURROUNDING COMMUNITIES.
SO WE NEED TO TURN BACK OUR FEELING BECAUSE WE DON'T FEEL SAFE.
AND ALSO WE NEED CLEAN ENVIRONMENT.
THANK YOU.
>> THE CLERK: THANK YOU.
AFTER JOE, SORRY, AFTER JOE ROSE IS CALLING ON JASPREET SINGH AGAIN, ELIZABETH TESKE,
JOANNA AND ARIEL, REVEREND GREG WARD, AL MENARD, JOANN SCHWOB, HELEN LYNN.
GO AHEAD, MR. RHODES.
>> OH GOOD EVENING, MY NAME IS JOE ROSE I'M EXECUTIVE DIRECTOR FOR NAMI AND I
URGE YOU TO VOTE NO ON THIS ORDINANCE.
BECAUSE I CAME HOME I HAD A WARM DINNER AT MY HOME AND KNOWN I CAME HERE.
BUT BEFORE I CAME HERE I SERVED DINNER AT THE CENTERVILLE FREE DINING TO THOSE
PEOPLE WHO DON'T HAVE A HOME.
I DON'T THINK THIS ORDINANCE IS SOLVING THE HOMELESS PROBLEM.
IT IS ONLY MOVING IT AROUND AND CRIMINALIZING IT.
I WOULD SUGGEST THAT YOU WOULD VOTE NO ON THIS AND START WORKING ON SOLVING
THE PROBLEM OF HOMELESS, SO THAT THEY CAN LEAVES THEIR HOME FROM A WARM HOME,
GO OUT TO A RESTAURANT AND EAT AND GO BACK TO A WARM PLACE.
UNTIL THEY DO THAT YOU'RE GOING TO HAVE THIS PROBLEM.
SO SOLVE THE PROBLEM NOT THE SYMPTOM.
THANK YOU.
>> MY NAME IS ARIELA YELLOW AND I SERVE AT STAFF AT MISSION PEEK, I AM READING A
STATEMENT OF A WOMAN WHO CANNOT BE HERE TONIGHT.
SHE HAD TO GET A TARP ON TOP OF HER (INAUDIBLE) LIVE IN AN RV.
WE'VE LIVED IN FREMONT FOR THREE YEARS.
THE HIGH COST OF HOUSING FORCES US TO LIVE IN THIS SITUATION BECAUSE IF WE PAY FOR
HOUSING WE DO NOT HAVE THE MONEY TO COVER FOOD OR THE EXPENSES OF THE
CHILDREN, TRANSPORTATION AND ALL THE OTHER COSTS OF LIVING.
LIVING IN AN RV DOES NOT MAKE US CRIMINALS.
MAYOR SALWAN WE HEARD YOU SAY YOU'RE A MAYOR FOR ALL, PLEASE BE A MAYOR FOR US
TOO.
>> I'M THE REVEREND GREG WARD AND I SERVE THE UNITARIAN UNIVERSALIST CHURCH A
FEW BLOCKS FROM THE WASHINGTON AND OSGOOD ENCAMPMENT.
WE EXIST ON MISSION PEAK TO LOVE THE HATE OUT OF THIS WORLD.
A PROVERB TELLS US, PEOPLE ARE NOT HOMELESS BECAUSE THEY RAN OUT OF
NEIGHBORHOOD, GABRIEL GARCIA MARQUEZ SAYS IF YOU CHOOSE TO ARREST PEOPLE FOR
BEING POOR THEN BE PREPARED TO ARREST ME.
I WILL WEAR MY COLLAR WHEN YOU ARREST ME SO YOUR STANCE IS CLEAR.
IF YOU WANT TO LOOK BAD I CAN HELP YOU THERE.
BUT IF YOU WANT TO LOOK GOOD, AND CREATE A COALITION FOR THE CARING TO ADDRESS
THIS HOUSING CRISIS, I WILL HELP YOU THERE, TOO.
>> HELLO, I'M AL MENARD, I'M A RESIDENT OF FREMONT FOR OVER 40 CAREERS.
HELLO, MAYOR SALWAN AND COUNCILMEMBERS.
I OPPOSE THE CAMPING BAN IN ITS ENTIRETY.
FREMONT HAS ABOUT 800 UNHOUSED PEOPLE LIVING IN CARS, RVS, TARPS AND TENTS ALL
OVER FREMONT.
THE FIRST UNITED METHODIST CHURCH JOINED OTHER FAITH COMMUNITIES AND OPENED
THEIR PARKING LOT TO PROVIDE SAFE PARKING OVERNIGHT FOR 15 TO 20 CARS.
BUT THERE ARE STILL ANOTHER 60 CARS ON THE WAITING LIST.
MANY OF THESE PEOPLE HAVE JOBS BUT NOT ENOUGH INCOME TO RENT EVEN A LOW
INCOME APARTMENT.
CRIMINALIZING THE UNHOUSED AND THOSE THAT HELP THEM IS INHUMANE AND WRONG IN
EVERY WAY FOR A CITY THAT CLAIMS TO BE COMPASSIONATE.
>> STELLA YOUNG METRO CROSSING FREMONT RESIDENTS FOR 35 YEARS.
I'M IN FAVOR OF THE ORDINANCE.
IN MY HANDS ARE PICTURES FROM VIDEO CLIPPINGS THAT DOCUMENTED THE CONFLICTS
THAT WE EXPERIENCED IN THE PAST NINE MONTHS AND BY ALL MEANS ARE NOT INCLUSIVE.
LET ME ASSURE YOU THIS HAS BEEN HAPPENING FOR THE LAST TOWER YEARS.
THE WORST ON THE STREET IS TO TAKE BART TO FREMONT GET OFF THE LAST STOP AT WARM
SPRINGS, LOOK AT THE TALLEST BUILDING ACROSS THE STREET AND YOU CAN ACCESS TO
THEIR FACILITIES FOR CLEANING, SAVING SOME SLEEPING AND POSSIBLY STEALING.
THIS HAS ATTRACTED EVEN MORE UNHOUSED TO OUR CITY.
I HAVE ATTACHED THE SHEET OF EVENTS THAT OCCURRED DURING THESE YEARS.
THE PERSON ON THIS FIRST PAGE IS A KNOWN UNHOUSED RESIDENT IN THE ENHANCEMENT
OF OSCAR AND WASHINGTON.
HE HAS ENTERED INTO OUR COMMUNITY AND COMMITTED MULTIPLE CRIMES.
EFFECTIVE ORDINANCE THAT THE CITY OF FREMONT WILL TAKE ACTION AND THANK YOU AND
WE DESERVE TO LIVE IN PEACE.
[APPLAUSE]
>> THE CLERK: AFTER --
>> MAYOR SALWAN: >> COUNCILMEMBER COX: EXCUSE ME NO CLAPPING PLEASE, NO CLAPPING THANK YOU.
AFTER HELEN LYNN I'M CALLING ON JOANN SCHWOB AGAIN, ERIN
ROMANI, SENDARI, HEMAT.
>> GOOD EVENING, MY NAME IS HELEN LYNN, I HAVE BEEN FREMONT RESIDENT FOR OVER 25
YEARS.
I WANT TO SHARE A STORY, A FEW MONTHS AGO I WAS IN THE COMMUNITY POOL, I WAS
CHANGING MY SWIM SUIT AND TWO MEN JUST COME IN AND I ASKED THEM TO LEAVE.
YOU KNOW WHAT THEY SAY?
NO.
SO I WAS SCARED.
I WAS ALMOST SCARED TO DEATH AND I DON'T KNOW WHAT TO DO.
I WAS JUST, YOU KNOW, SHIVERING.
AND IMAGINE IF THIS IS YOUR WIFE, YOUR DAUGHTER, OR YOUR MOTHER.
ARE YOU GOING TO SAY CAM BECAUSE WE HAVE HUMANITY, WE CANNOT ASK THEM TO
LEAVE?
AND THEY SAY I'M GOING TO CALL POLICE THEY SAY GO AHEAD.
SO WHAT ARE YOU GOING TO DO?
TELL ME?
>> THE CLERK: CAN YOU ADDRESS THE COUNCIL AT THE MICROPHONE PLEASE?
>> SO TELL ME WHAT YOU'RE GOING TO DO?
OKAY.
SO I --
>> THE CLERK: YOUR TIME IS UP.
THANK YOU.
THANK YOU.
>> MAYOR SALWAN: THANK YOU MA'AM, THANK YOU.
>> I'M A RESIDENT OF FREMONT FOR THE LAST 20 YEARS.
GOOD EVENING, MAYOR SALWAN AND COUNCILMEMBERS.
I STAND IN STRONG SUPPORT OF THE ORDINANCE BECAUSE FREMONT'S PUBLIC SPACES ARE
PARKS LIBRARIES, PERSONALLY SUPPORTED HOMELESS EFFORTS AND I BELIEVE IN
COMPASSIONATE SOLUTIONS BUT ALLOWING ENCAMPMENTS IS NOT A SOLUTION, IT IS
NEGLECT.
WE MUST ENSURE THAT REHABILITATION, SHELTER MENTAL HEALTH SERVICES AND JOB
PROGRAMS NOT MAKESHIFT STRUCTURES THAT HOUSE THE UNHOUSED AND THE
COMMUNITY.
IT IS EASY TO VILIFY THE COMMUNITY FOR MAKING DIFFICULT DECISIONS BUT AS SHOWN
EARLIER, WE ARE BALANCING FOR BOTH RESIDENTS AND UNHOUSED.
AS THE ECONOMIC DEVELOPMENT BUSINESSES ARE BEING AFFECTED.
WE NEED TO TAKE TOUGH NECESSARY STEPS TO ENSURES FREMONT --
>> THE CLERK: THANK YOU.
AFTER SINDARI IS GRAVAL, FOLLOWED BY VITHKAT RANGASWAMI.
>> GOOD EVENING, MAYOR AND COUNCILMEMBERS, MY NAME IS SUNDRI, I'M A RESIDENT
OF DISTRICT 6.
WE NEED A FEARLESS FREMONT.
I'M HERE TO SUPPORT THE ENCAMPMENT BAN ORDINANCE AND STAND WITH OUR FREMONT
POLICE AND FIRE SISTERS.
THIS ORDINANCE IS ESSENTIAL TOO FOR THESE OFFICERS AND FOR OUR OFFICERS TO
ENHANCE THE PUBLIC SAFETY.
FOR THOSE WHO OPPOSE THIS BAN PLEASE UNDERSTAND IT DOES NOT THE REMOVAL OF
ENCAMPMENT BUT IT ALSO PAVES THE WAY FOR BETTER SUPPORT FOR OUR UNHOUSED
RESIDENTS WHILE MAINTAINING COMPASSION.
I URGE MAYOR RAJ SALWAN AND CITY COUNCIL TO PASS THE SAME LANGUAGE SUPPORTED BY
THE OFFICERS FOR THE SAFER BRIGHTER FUTURE FOR FREMONT, WITHOUT DELAY, FREMONT
WITHOUT DELAY AND MAKE FREMONT FOR EVERYONE, THANK YOU.
>> HELLO EVERYONE, MY NAME I'M A FREMONT RESIDENT.
I'M HERE TO STRONGLY SUPPORT WHAT IS GOING DOWN TO SUPPORT THE BAN.
THE CURRENT STATE OF MY NEIGHBORHOOD.
DO WE WANT TO DO THAT, THINK ABOUT IT WHAT YOU'RE DOING FOR OUR KIDS.
ALSO WE DID SOME RESEARCH ON THE FEDERAL DATABASE AND ALAMEDA COUNTY AND ALL
THE DATA FOR THE LAST SIX YEARS.
FROM 2019 TO 2024, WHEN HOMELESS PEAKS, CRIME RATES -- MAJOR BOND BECAUSE OF
HOMELESS ALL DATA IS IN YOUR E-MAIL BOX, YOU CAN READ IT AT YOUR DISPOSAL, PLEASE
NOT MAKE THIS AS RV CAMPS.
PLEASE MAKE SURE YOU HAVE RIGHT THING SO WE CAN LIVE SAFELY.
MAKE FREMONT PROUD SAFE AND CLEAN UP FREMONT IS WHAT WE ALL EXPECT FROM YOU,
THANKS.
>> HELLO, MY NAME IS KIRA, I CAME FROM FREMONT HAMPTON PLACE.
I CAME MULTIPLE TIMES, ALL THE CITY COUNCIL MEMBERS ARE WORKING ON PASSING THIS
ORDINANCE AND I DON'T WANT TO REPEAT WHAT THE INCIDENTS THAT HAPPENED, THE
FIGHTING AND EVERYTHING BUT ONE THING I HEARD THE RECENT ELECTION, THE PRIMARY
ELECTIONS THIS THING ISSUE IS EVERYBODY IS MAKING THIS HOMELESSNESS ISSUE AND THEN
YOU ALL PROMISED TO THE FREMONT RESIDENTS THAT YOU ARE GOING TO SOLVE THE
PROBLEM AND PEOPLE GAVE YOU MANDATE TO RESOLVE THIS PROBLEM AND PLEASE HONOR
THAT.
AND ALL THE RESIDENTS ARE WAITING FOR YOU TO PASS THIS SOLUTION TODAY SO YOU ARE
OBLIGATED TO GET YOUR PROMISE DONE, WHAT YOU HAVE BEEN PROMISED TO THE
ELECTIONS.
ELECTION CAMPAIGN.
SO PEOPLE GIVE YOU MANDATE AND PLEASE GO FOR IT.
THANK YOU.
>> THE CLERK: STATE YOUR NAME PLEASE.
>> THE ORDINANCE ON THE DOCKET TONIGHT --
>> THE CLERK: COULD YOU PLEASE STATE YOUR NAME?
>> JOANN CAMP.
I DID.
>> THE CLERK: I CALLED ON A JOANN SCHWOB.
>> THEY TOLD ME IN THE BACK TO COME UP SO I CAME UP.
>> THE CLERK: OKAY WE'LL FIND YOUR CARD.
>> MAY I START AGAIN?
>> THE CLERK: YES MA'AM.
>> MY NAME IS JOANN CAMP.
WHAT I HEAR IS NOT IN MY CITY NOT IN MY BACKYARD NOT IN MY EYESIGHT.
THESE LO LIVES ARE CRIMINALS MESSING UP OUR CITY.
WHAT KIND OF PEOPLE ARE WE ELECTED OR OTHERWISE THAT WE WON'T TRY TO FIX THIS
UNHOUSED SITUATION?
WE WANT COMPASSIONATE SOLUTIONS, YOU NEED IMPACT THAT SEE THE UNHOUSED AS
PEOPLE NOT PROBLEMS.
YOU MUST WANT TO REACH OUT TO HELP PEOPLE NOT PUSH THEM AWAY WITH DISDAIN.
SOLUTIONS ARE POSSIBLE AS LONG AS YOU HAVE AN OPEN MIND AND A KIND SERVING
HEART.
THIS ORDINANCE IS CRUEL AND SOLVES NOTHING BUT RATHER THREATENS THE UNHOUSED
AND SHOVES THEM SOMEPLACE ELSE.
IF THIS PASSES I WOULD BE EMBARRASSED TO SAY I'M FROM FREMONT.
THANK YOU.
>> THE CLERK: (SAYING NAMES) PLEASE STATE YOUR NAME PLEASE.
>> CRISHNAN SUNILBARTI.
I'M CRISH.
>> THE CLERK: MY APOLOGIES.
SORRY, GO AHEAD.
>> I'M CRISH.
I'VE BEEN IN FREMONT FOR 20 YEARS, I REALLY LOVE FREMONT.
YES THIS IS NOT AN EASY PROBLEM TO SOLVE.
WE UNDERSTAND WE NEED TO DO SOMETHING FOR THE HOMELESS BUT THE SITUATION IS
REALLY BAD.
SIX MONTHS THE POOL IS OPEN, IT'S NOW EVERY DAY, WE HAVE NEEDLES IN THE SHOWER
AREA, WE HAVE THERE IS A VAN WITH A GUY WHO LETS GO OFF HIS DOG IF HE DOESN'T LIKE
SOMEBODY FOR THE LAST FIVE YEARS.
NOBODY HAS BEEN ABLE TO DEAL WITH THIS.
WE NEED TO HELP THE HOMELESS BUT DEFINITELY WE NEED TO PASS THIS ORDINANCE AND
STOP THIS ENCAMPMENT.
THIS IS NOT THE WAY TO SOLVE THIS PROBLEM.
THANK YOU.
>> HELLO, GOOD EVENING, EVERYONE BY NAME IS GAN LEE.
>> THE CLERK: I'M SORRY YOUR NAME IS?
>> GAN LI.
>> THE CLERK: THANK YOU.
>> I'VE BEEN LIVING IN FREMONT FOR 50 YEARS.
PLEASE VOTE YES ON HOMELESS ENCAMPMENT BAN.
COMPASSION IS NOT ABOUT DESTROYING THE DIGNITY OF PEOPLE BY ENABLING THEM TO
BECOME PERMANENTLY DEPENDENT ON THE SOCIAL WELFARE AND SAFETY NET.
REAL COMPASSION IS ABOUT HELPING PEOPLE GET BACK ON THEIR FFEET.
EVEN IF IT REQUIRES A TOUGH LOVE OF ORDERING THEM OFF THE STREET VERSUS THE
ENCAMPMENT BAN.
THERE HAS TO BE ACCOUNTABILITY.
THERE HAS TO BE CONSEQUENCES.
HOMELESS ENCAMPMENT BAN IS ONLY ONE PART OF THE COMPREHENSIVE SOLUTION.
FREMONT ALREADY OFFER HOUSING ASSISTANCE, EMPLOYMENT SUPPORT AND COUNSELING,
SHOWERS, MEALS, FOOD AND WARDROBE PANTRY.
ACCESS TO COMPUTER AND SO ON.
>> GOOD EVENING, MY NAME IS CHOY SO I'M A RESIDENT OF FREMONT.
PLEASE VOTE YES ON AGENDA 2C.
1690 FREMONT RESIDENTS HAVE PETITIONED FOR YES ON THE ORDINANCE ON CHANGE.ORG.
AND PLEASE LISTEN TO THE VOICE OF THE REAL FREMONT RESIDENTS.
PLEASE KEEP OUR NOT ONLY THE HAPPINESS BUT ALSO THE SAFEST.
THANK YOU.
>> MY NAME IS COBET SCHAEFFER AND I'M PRESIDENT OF MISSION PEAK UNITARIAN
UNIVERSALIST CONGREGATION HERE IN FREMONT.
WE JOIN TO PUBLICLY OPPOSE THE PUBLIC CAMPING BAN ORDINANCE.
EVEN THE HOMELESSNESS RESPONSE PLAN WHICH THE CITY ADOPTED LESS THAN A YEAR
AGO, THIS PROPOSED CAMPING BAN WILL NOT BE SUCCESSFUL IN ADDRESSING THE
HOMELESS PEOPLE IN FREMONT.
THIS IS CLEARLY NOT THE ANSWER.
AS YOU CONSIDER THE NEXT STEPS TO TAKE RELATED TO THIS ISSUE, PLEASE KEEP IN MIND
THAT HOMELESSNESS IS NOT A CRIME.
IT IS A CRISIS THAT REQUIRES SOLUTIONS.
THAT ARE BOTH PRAGMATIC AND COMPASSIONATE.
WE CALL ON YOU TO STAND AGAINST THIS UNJUST ORDINANCE AND TO BE CREATIVE IN
ADVOCATING FOR ALTERNATIVE POLICIES.
>> THE CLERK: THANK YOU.
>> HI, MY NAME IS SERENA FROM THE CITY OF SAN JOSE, I'D LIKE TO REMIND YOU THAT THE
UNHOUSED ARE YOUR NEIGHBORS AND CONSTITUENTS WHO DESERVE DIGNITY AND RESPECT
AND YOUR JOB IS TO SERVE THEM.
IF YOU PUSH THEM OFF THE STREETS WHERE ARE THEY GOING TO GO?
I SEIZE THAT YOU HAVE $120 MILLION FOR POLICE AND $30 MILLION FOR A NEW PARK BUT
LESS THAN $10 MILLION FOR HELPING UNHOUSED PEOPLE?
SO WHY CAN'T MONEY BE DEVOTED TO SOLUTIONS THAT WORK?
MANY OF THESE SOLUTIONS YOU ALREADY HAVE IN PLACE.
YOU SAID TODAY THAT THERE ARE 800 BEDS OR 800 UNHOUSED AND LESS THAN 200 SHELTER
BEDS.
AN ORDINANCE WOULD DIVERT SOLUTIONS, SOLUTIONS THAT WORK, LIKE HOUSING, NOT
CRIMINALIZATION.
THANK YOU.
>> THE CLERK: AFTER CHRIS, CLAIRE GALLEGOS, BARBARA MEYERS, KATHERINE RUBY, TASHA
BOGGS, KIMBERLIN WISE, BESSIE HUFF.
>> TONY STU, RESIDENT OF FREMONT FOR 25 YEARS.
I'M HERE TO URGE YOU PASS THE ORDINANCE.
I DON'T WANT TO REPEAT ALL THE POINTS OF BOTH SIDES AND HERE IS THE ONLY POINTS I
WANT TO EMPHASIZE TONIGHT.
IS THE STETHOSCOPE MUST BE CHANGED.
PASS THE ORDINANCE TONIGHT.
THANK YOU SO MUCH.
>> GOOD EVENING, COUNCIL, MY NAME IS CLAIRE GALLEGOS, I'M A CURRENT RESIDENT OF
FREMONT BORN IN NILES.
COUNTERPRODUCTIVE.
THIS ORDINANCE FAILS TO PROTECT FREMONT'S MOST VULNERABLE CITIZENS AND IS AN
EFFORT TO MAKE HOMELESSNESS LESS VISIBLE, NOT AN OVERT TO REDUCE IT, PROVIDER
CLIENT RELATIONSHIPS, ILLEGAL REPERCUSSION AND INCREASING ACCESS TO RESOURCES,
DISCONNECTING PEOPLE FROM ESSENTIAL SERVICES AND THEIR COMMUNITY, NOT ONLY
SEVER CONNECTIONS TO ENCAMPMENT RESIDENTS, ULTIMATELY MAKING IT HARDER TO GET
HEALTH CARE SERVICES AND INCREASES THEIR RISK OF DEBT AND OTHER HARM LIKE
OVERDOSE AND ASSAULT.
PLEASE, CRIMINALIZE THE EXPERIENCE OF LIVING ON THE STREET, VOTE NO, THANK YOU.
>> HELLO, CITY COUNCIL, AND MAYOR SALWAN.
I'M THE REVEREND BARBARA MEYERS.
I'M AFFILIATED WITH THE MISSION PEAK UNITARIAN UNIVERSALIST CONGREGATION, I'M ALSO
A 50 YEAR RESIDENT OF THE CITY.
MY MINISTRY FOCUSES ON MENTAL HEALTH ISSUES AND I FEEL COMPELLED TO TALK ABOUT
THE EFFECT THE PROPOSED CAMPING BAN WOULD HAVE ON THE MENTAL HEALTH OF THE
PEOPLE INVOLVED.
HOMELESSNESS CAN EXACERBATE OR EVEN CAUSE MENTAL HEALTH PROBLEMS.
FURTHER PUTTING MENTALLY CHALLENGED PEOPLE IN JAIL ONLY MAKES THINGS WORSE AS
COUNTER TO ALAMEDA COUNTY'S CARE FIRST JAILS LAST POLICY ADOPTED IN 2021.
FREMONT'S HOMELESS PLAN HAS BEEN MAKING A LOT OF PROGRESS WHICH SHOULD BE
CONTINUED.
ON THIS DRACONIAN BAN, PLEASE VOTE NO.
>> MY NAME IS KATHERINE RUBY, I'M A TREATMENT RESIDENT, I SUBMITTED MY INTENDED
COMMENTS FOR TONIGHT AHEAD OF TIME.
PLEASE REFER TO THEM.
HOWEVER, AFTER LISTENING TO THE PRESENTATION, AND THEN SUPPORTING THIS BAN I'M
GOING TO ADDRESS THIS.
FIRST I HAVE SYMPATHY FOR THE BUSINESSES AND RESIDENTS EXPERIENCING THE NEGATIVE
EFFECTS OF SOME OF THE UNHOUSED.
BUT MOST UNHOUSED FOLKS ARE NOT CREATING THESE PROBLEMS.
MANY ARE TRYING DESPERATELY TO GET BACK ON THEIR FEET AND GET BACK INTO HOUSING.
I AM ONE OF THOSE SUCCESS STORIES.
SECOND, WHAT MANY PEOPLE HAVE NOT UNDERSTOOD ABOUT THIS ORDINANCE IS THAT IT
WILL NOT SOLVE HOMELESSNESS.
IT WILL ONLY MAKE CLEANUPS HARDER AND IT WILL COST A LOT OF MONEY THAT CAN BE
USED TO HOUSE PEOPLE TO GET PEOPLE OFF THE STREET, TO FIND SHELTER SITUATIONS FOR
THEM.
>> THE CLERK: THANK YOU.
>> MY NAME IS KIMBERLIN LYDON, I WAS ONE OF THE UNHOUSED FOR MORE THAN NINE
YEARS WITH MY SIX MONTH OLD DAUGHTER, I AM NO LONGER UNHOUSED.
WHAT I'VE DONE TODAY IS GONE INTO OUTREACH IN THE COMMUNITY AND WHAT I'VE
BARELY IN THE LAST THREE MINUTES HEARD IS ABOUT THE MENTAL HEALTH ASPECT OF IT.
WE DON'T HAVE ENOUGH MENTAL HEALTH SUPPORT TO PROTECT THE UNHOUSED
COMMUNITY.
THERE HAS BEEN MANY OVER 20 DEATHS ON MENTAL HEALTH ASPECT OF IT.
I FOUND MY FRIEND WHO HUNG HIMSELF IN AN RV RIGHT IN FRONT OF THE FREMONT
UNIFIED SCHOOL DISTRICT, I GO OUT THERE AND THERE'S NO SERVICES FOR THESE
UNHOUSED PEOPLE THAT ARE AVAILABLE OUT THERE IN OUTREACH SO WHAT I'D LIKE FOR
YOU TO DO IS LOOK AT THAT SITUATION.
>> HI, MY NAME IS TASHA BOGGS.
MY SON AND I HAVE BEEN UNHOUSED.
THIS ORDINANCE IS NOT GOING TO HELP, THIS ORDINANCE SHOULD HELP FAMILIES AND
CHILDREN, PUSH THEM TO THE SIDE, NOT GOING TO HELP ANYTHING, IT IS GOING TO GET
WORSE AND WORSE, THERE ARE A LOT OF PEOPLE OUT THERE WHO WANT TO HAVE HELP,
TRYING TO DO BETTER OR NOBODY IS HOPING THEM TO DO IT, THERE IS NOT FUNDS OR NOT
ENOUGH THIS OR THAT.
SO THAT'S ALL I GOT TO SAY IS YOU DICE NEED TO SAY NO TO THIS AND TRY TO PUT IT TO
WHERE IT'S REALLY NEEDED.
>> THE CLERK: THANK YOU.
AFTER BESSIE HUPP IS DAVID HUPP, MORRIS ENRIQUEZ, MEI AH, ANNIE, CANDY
CHRISTOPHERSON, PASTOR YOUNG.
MA'AM GO AHEAD.
>> GOOD EVENING, COUNCILMEMBERS AND MAYOR.
I'M ASKING YOU TO PLEASE VOTE YES ON THE ORDINANCE.
ABSOLUTELY SUPPORT IT.
I AM A LONG TIME RESIDENT, I DON'T FEEL SAFE ANYMORE.
BEHIND MY HOME THERE IS BIG CAMPFIRES THAT CAUSE A LOT OF SAFETY FOR OUR
PROPERTY.
THERE IS A LOT OF DEBRIS THAT IS OUT OF CONTROL, NOT BEING PICKED UP.
PEOPLE ARE PUSHING US AROUND, WE DON'T FEEL SAFE ANYMORE.
THERE IS NOISES THE WHOLE NIGHT LONG, IT IS CAUSING A LOT OF PROBLEMS TO OUR
RESIDENTS, SO I'M ASKING YOU TO PLEASE VOTE YES.
>> WELCOME COUNCIL.
MY NAME IS DAVID HEPP I'M A 20 YEAR RESIDENTS OF FREMONT.
WE ALSO LIVE BEHIND THE ISSUE AT THE AREA, AT THE ELKS MEMBER, WE VOLUNTEER WITH
ABODE, PIT A LOT OF COMPASSION AND EFFORT INTO THAT.
ALSO AS A HOMEOWNER, I'VE HAD LUMBER STOLEN OFF OF MY BARK CREDIT CARD, PEOPLE
SHOWERING IN MY FRONT YARD, CAMP FIRES COMING IN MY BACK WINDOWS.
WE NEED TO ADDRESS SOME OF THIS AND NOT LET FOLKS FROM OTHER COMMUNITIES FIND
THAT THIS IS THE SANCTUARY FOR THEM.
WE NEED TO SET A BAR THAT WE CAN ALL WORK TO.
THANK YOU.
>> HELLO, MY NAME IS (INAUDIBLE) I'VE BEEN A RESIDENT OF FREMONT FOR 20 YEARS.
I'M DEEPLY CONCERNED ABOUT THE CITY'S ADOPTING A NON-CAMPING ORDINANCE AND ASK
YOU TO VOTE NO.
EFFECTIVELY MAKE IT A CRIME TO BE UNSHELTERED IN THE CITY OF FREMONT ESPECIALLY
WITH WITHOUT PROPER SOLUTIONS AND PROPER RESOURCES.
WE HAVE NOT TRIED ENOUGH.
WHILE THE SUPREME COURT'S RECENT RULING IN GRANTS PASS STRUCK DOWN LEGAL
PROTECTION FOR UNHOUSED PEOPLE MANY OTHER LAWS STILL PROTECT THE LAWS OF
UNSHELTERED PEOPLE.
CALIFORNIA'S CONSTITUTION WHICH IS UNCHANGED BY THE GRANTS PASS RULING, INCLUDES
AN ALL OUT CAMPING BAN THAT CRIMINALIZES THE CONDUCT.
NOT ONLY DO YOU IRRESPONSIBLY PRESENT A FALSE DICHOTOMY BETWEEN THE SAFETY
ISSUES BY --
>> GOOD EVENING, I'M PASTOR MORRIS FROM THE BAPTIST CHURCH IN FREMONT.
I FOUND A MESSAGE FROM OUR NEIGHBOR, ASKING US TO CHECK OUR CAMERAS, A FIRE
DANGEROUSLY CLOSE TO OUR HOMES AND OUR CHURCH AND WHERE OUR KIDS PLAY
ENJOYING YOUTH ACTIVITIES.
PLEASE VOTE YES.
LET ME BE CLEAR, OUR CHURCH AND COMMUNITY ARE DEEPLY INVOLVED IN HELPING THOSE
IN NEED.
WE DO ALL THIS EVEN THROUGH COMPASSION NETWORK.
HOWEVER WE MUST ALSO ACKNOWLEDGE THAT WHILE SOME ARE STRUGGLING NEED A
HOPING HAND OTHERS HAVE CHOSEN THIS LIFESTYLE.
MAKES IT DIFFICULT TO FIND REAL SOLUTION.
I DON'T CLAIM TO HAVE ALL THE ANSWERS BUT I DO KNOW THIS, A VOTE FOR, SPEAKING UP
FOR THOSE IN NEED AND THOSE THAT ARE AFFECTED.
>> GOOD EVENING, MY NAME IS CANDY CHRISTOPHERSON AND I'M HERE ON BEHALF OF LAM
RESEARCH.
WE SUPPORT THE PROPOSED ORDINANCE DUE TO ONGOING SAFETY ISSUES NEAR OUR
FACILITIES.
FOR OVER TWO YEARS LAM AND NEIGHBORING BUSINESSES HAVE FACED PHYSICAL
ALTERCATIONS, DOG ATTACKS, HAZARDOUS WASTE DUMPING, AND TRAFFIC RISKS.
I WORK IN THE BUILDING MOST AFFECTED AND DESPITE REPORTING OVER 50 INCIDENTS
SINCE JANUARY 2023 THE ISSUES PERSIST, LAM RECOGNIZES HOMELESS OWNERS IS A
COMPLEX ISSUE AND REMAIN COMMITTED TO PROMOTING RESPONSIBLE SOLUTIONS AND
PARTNERSHIPS HOWEVER IMMEDIATE ACTION IS NEEDED TO PROTECT FREMONT'S
WORKFORCE AND BUSINESS ENVIRONMENT.
WE URGE THE COUNCIL TO PASS THE ORDINANCE AND OTHER ELEMENTS OF THE
HOMELESSNESS RESPONSE PLAN WHILE CONTINUING EFFORTS TO ASSIST THOSE IN NEED.
THANK YOU.
>> THE CLERK: SATISFY PASTOR JONES --
>> CTY. ATTNY. ALVARADO: THROUGH THE MAYOR WE HAVE REACHED 10:30 SO WE SHOULD
CHECK THIS WITH THE MAYOR ABOUT PUBLIC COMMENT.
>> MAYOR SALWAN: HOW MANY SPEAKERS HAVE WE REACHED?
>> THE CLERK: WE'RE ABOUT CITY-SOMETHING IN.
>> MAYOR SALWAN: 70-SOMETHING.
OKAY.
>> THE CLERK: SO WE HAVE ABOUT 100, 125.
ABOUT 135ISH.
>> MAYOR SALWAN: LET'S GO WITH THESE THREE AND THEN THAT'S IT.
>> THE CLERK: BRIDGE HIT MONAHAN MCSHAY AND TONY SHELLIN.
>> MY NAME IS YOUNG MI CHOW, PASTOR OF FIRST UNITED METHODIST CHURCH ON
FREMONT BOULEVARD.
SAFE PARKING PROGRAM IN DECEMBER AND WILL DO TWO MORE MONTHS IN 2025, AND I
HOPE YOU REMEMBER THAT A LOT OF THE SUPPORTERS FROM THE COMMUNITY MEMBERS
TO HELP WITH UNHOUSED COMMUNITY MEMBERS.
AND OUR FAITH TRADITION AND SHARED HUMAN VALUES TEACHES US THAT EVERY PERSON IS
CREATED WITH A DIGNITY OF SAFETY AND COMPASSION AND WE ALSO TAUGHT THAT WE
HAVE TO LOOK AT THE MARGINS OF THE SOCIETY WHENEVER WE HAVE SOME CONFLICT AND
ISSUES AROUND US.
THOUGH MANY OF US AGREE THAT THIS ORDINANCE BANNING CAMPING DOES NOT SERVE
HOMELESSNESS, IT MERELY PUSHES THE PROBLEM OUT OF THE SIDE, CRIMINALIZATION ON
THE UNHOUSED WHO HAVE NOWHERE ELSE TO GO.
I URGE YOU TO RECONSIDER THE LONG TERM EFFECTS OF THIS ORDINANCE, WHETHER
PASSING THE ORDINANCE THAT PUNISHES PEOPLE FOR BEING POOR I URGE THE CITY --
>> THE CLERK: THANK YOU.
>> I'M SPEAKING IN OPPOSITION TO THE CAMPING BAN ON BEHALF OF THE ALAMEDA
COUNTY DEMOCRATIC PARTY.
WE UNDERSTAND THAT THE MAJORITIES OF THIS COUNCIL ARE DEMOCRATS AND THUS WE
POINT OUT THAT SUPPORTING THIS BAN PUTS ONE IN OPPOSITION OF THE CALIFORNIA
DEMOCRATIC PARTY PLATFORM.
THAT PLATFORM CALLS UPON ELECTED DEMOCRATS TO QUOTE SUPPORT PROGRAMS THAT
CARE FOR HOMELESS INDIVIDUALS WITH DIG IT THIS AND RESPECT THROUGH DIRECT
SHELTER, JOB PLACEMENT AND NECESSARY MENTAL HEALTH SERVICES AND TO QUOTE
OPPOSED PARTIES THAT HARASS AND MARGINALIZED, IT DENIGRATES, AND SUPPORTS
MARGINALIZED INDIVIDUALS.
YOUR OWN STAFF ON DECEMBER 17TH SAID IT WOULD NOT REDUCE HOMELESSNESS AND
FREMONT IS ALREADY DECREASING HOMELESSNESS.
THE PET COUNT SHOWS THAT FREMONT REDUCED HOMELESSNESS BY 21% BETWEEN 2022
AND 2024, THE COUNTY ONLY DID IT BY 14%.
STAY THE COURSE, DON'T DO THIS.
>> BRIDGET MONAHAN MCSHAY.
THE ACLU SAYS THIS IS THE MOST DRACONIAN CAMPING ORDINANCE IN THE STATE.
DON'T DARE THEM INTO A LEGAL BATTLE WITH US.
IT IS ALSO A PROVEN INEFFECTIVE METHOD THAT WILL STRAIN OUR PUBLIC RESOURCES.
BE THE LEADERS OF INTEGRITY, THAT WE ELECTED YOU TO BE.
ALIGN YOUR INTENTIONS, IN TACKLING HOMELESSNESS WITH A SUSTAINABLE MULTISECTOR
APPROACH THAT FOCUSES ON HOUSING FIRST.
ENFORCING OFFICIALS MAY NOT ALWAYS SHARE YOUR INTENTIONS BUT THEY WILL STILL HAVE
THE TEXT OF THIS CRIMINALIZING LAW.
IF YOU DON'T MEAN WHAT YOU HAVE WRITTEN THEN DON'T PASS WHAT YOU WROTE.
VOTE NO ON THIS CAMPING ORDINANCE.
>> DO I START?
>> THE CLERK: STATE YOUR NAME PLEASE.
>> TONY SHELLIN.
>> THE CLERK: THANK YOU.
>> MAYOR SALWAN: GO AHEAD PLEASE.
>> MAYOR SALWAN AND COUNCILMEMBERS, AS A FREMONT RESIDENT FOR MORE THAN 50
YEARS, I LOVE THAT IT'S ALWAYS BEEN A COMPASSIONATE CITY.
AND I'M PROUD OF THE MANY SERVICES FREMONT PROVIDES FOR UNHOUSED NEIGHBORS.
WHY MAKE SUCH A RADICAL CHANGE FROM HELPING THE HOMELESS POPULATION TO
TREATING THEM IN SUCH A HARSH MANNER?
WE HAVE 50 ORGANIZATIONS OPPOSING THIS ORDINANCE.
IT DOESN'T NEED TWEAKING.
IT NEEDS REJECTION.
OTHER CITIES ARE WATCHING US.
DO YOU WANT YOUR LEGACY TO BE PASSING THE HARSHEST LAW IN THE STATE?
YES, THERE ARE PROBLEMS BUT THIS INHUMANE ORDINANCE DOES NOTHING TO RESOLVE
THEM.
MORE HOUSING HAS ALWAYS BEEN PART OF FREMONT'S PLAN BUT THIS PLAN HAS IT
BACKWARDS.
YOU CAN'T BAN CAMPING BEFORE SHELTER --
>> COUNCILMEMBER SALWAN: THANK YOU, THAT CONCLUDES THE SPEAKERS.
WE'LL TAKE A TEN MINUTE RECESS AND KNOWN WE WILL PLAN TO BE DONE BY 11:30 SO
PLEASE BE PROMPT.
THANK YOU.
[ RECESS ]
>> MAYOR SALWAN: IF EVERYBODY WHO IS GOING TO STAY COULD BE SEATED PLEASE.
MR. BONACCORSI, HERB ANNIE, IF YOU COULD ALL BE SEATED, THANK YOU.
SO WE'LL BRING IT BACK FOR COUNCIL COMMENTS.
WE'LL START WITH COUNCILMEMBER ZHANG FOLLOWED BY COUNCILMEMBER SHAO.
>> COUNCILMEMBER ZHANG: THANK YOU, MAYOR SALWAN.
AND I WANT TO THANK EVERYONE COMING OUT TODAY AND EXPRESS YOUR OPINIONS.
AND I THINK THIS ONE HOUR PUBLIC COMMENT, IT IS SO VALUABLE.
SO WE CAN GET TO LISTEN TO THE PERSPECTIVE FROM DIFFERENT PEOPLE, DIFFERENT
GROUPS.
AND THERE ALL THE CONVERSATIONS I WOULD COME TO MY CONCLUSION.
I THINK WE'RE TALKING ABOUT 80-20 RULES, THE 80% EFFECTS COME FROM 20% OF THE
CAUSES.
SO FROM THE DISCUSSION, I COME TO SEE THAT THE 20% OF THE PUBLIC SERVICE OR THE
PUBLIC SAFETY DAMAGE OR DISTURBANCE TO THE COMMUNITY IS COMING, THE 80% OF
DISTURBANCE IS COMING FROM THE 20% OF THE CERTAIN PEOPLE.
SO HOMELESS IS NOT A CRIMINAL.
SLEEPING IN THE PUBLIC IS NOT A CRIMINAL CRIME.
BUT CAUSE DISTURBANCE AND CREATE OBSTRUCTION TO THE BUSINESS AND THE PEOPLE
MAY SUBJECT TO CRIMINAL CHARGES.
I THINK WE MUST DIFFERENTIATE, THE PEOPLE WHEN NOT FOLLOWING THE LAW AND WITH
NO DISREGARD OF THE SURROUNDINGS.
AND INCLUDING OTHER CITIZENS.
AND THOSE PEOPLE COULD ALSO BE CAUSING A THREAT TO OTHER HOMELESS PEOPLE.
SO I WANT -- THE LAW -- I MEAN THE ORDINANCE I THINK IS JUST TO TARGET THOSE 20% OF
THE UNHOUSED PEOPLE AND WHO IS CAUSING THE DAMAGE TO THE WHOLE COMMUNITY.
AND I BELIEVE THAT THIS ORDINANCE IS NOT END OF THE GAME.
IT'S THE BEGINNING OF THE HOMELESS PLAN.
THE NAVIGATION, THE HOMELESS PLAN FOR THE FIVE YEARS.
AND IF WE PASS THE ORDINANCE WITHOUT DOING ANYTHING, AND I KNOW THAT IS NOT
GOING TO WORK, BUT IF THEY PASS THE ORDINANCE AND WE'RE GOING TO DO MORE AND IT
WILL WORK.
THAT'S ALL MY COMMENT.
>> MAYOR SALWAN: THANK YOU.
COUNCILMEMBER SHAO.
>> COUNCILMEMBER SHAO: THANK YOU, MR. MAYOR.
LIKEWISE, I APPRECIATE THAT EVERY AND SOME OF YOU GOT THE OPPORTUNITY TO EXPRESS
YOUR OPINIONS THERE ALL THOSE WHO SPOKE BEFORE THE COUNCIL, I FURTHER CAN SENSE
TWO GROUP OF PEOPLE.
TELL THE CITY COUNCIL HOW MUCH SUFFERING, DAMAGES AND FEAR THEY HAVE
EXPERIENCED IN THE PAST.
THEY ACCOUNT FOR MAJORITY OF THE SPEAKERS.
THEN IT WAS THE MINORITY OF THE SPEAKERS WHO INSTEAD WOULD ACCUSE THE MAJORITY
OF THE SPEAKERS AS WELL AS THE CITY COUNCIL OF BEING NOT COMPASSIONATE ENOUGH,
NOT HELPFUL ENOUGH, NOT PUTTING RESOURCES ENOUGH, SIMPLY NOT HAVE DONE
ENOUGH.
AND MANY OF THEM I RECOGNIZE THAT HAVEN'T HAD ANY PROOF THAT THEY EVEN LIFTED A
FINGER TO HELP THOSE MAJORITY OF SPEAKERS WHO DID SUFFER DAMAGES IN THE PAST.
OR EXPERIENCED FEAR OF OBSERVED OF SAFETY.
THEY DIDN'T EVEN LIFT A FINGER TO HELP THOSE PEOPLE.
AND SOME OF THEM I RECOGNIZE, YOU KNOW, CAME TO THE CITY COUNCIL SEVERAL YEARS
AGO USING THE SAME STRATEGY OF SHAMING, CONSOLIDATING, EVEN THREATENING, TO
ADVOCATE FOR THE POLICE AND THE TOOL IS THE SAME AND THE STRATEGY IS THE SAME TO
TRY TO BASICALLY SHAME THE REST OF THE CITY OF FREMONT INTO WORKING THEIR WAY.
REGARDLESS OF THE ISSUE THAT THE COMMUNITY IS FACING.
AND WE KNOW THIS STRATEGY, YOU KNOW, ESPECIALLY THE THREATENING, EITHER THREAT
THING WITH THE DISCIPLINARY REACTIONS OF THE CENTRAL DEMOCRATIC PARTY, SINCE
WHEN ARE THE CITY COUNCIL MEMBERS PARTISAN?
OKAY.
AND THREATENING OF LEGAL ACTION --
>> MAYOR SALWAN: EXCUSE ME PLEASE SILENCE.
CONTINUE.
>> COUNCILMEMBER SHAO: OF ACLU OR SOME OTHERS, WELL, HAVEN'T WE LEARNED
ENOUGH FROM THE LAST ELECTION, THE SHAMING, THE CONSOLIDATING, THE THROAT THING
DIDN'T HELP PEOPLE WIN THE ELECTION.
QUITE TO THE CONTRARY.
THEY LOST IT.
LARGELY BECAUSE THEY LACKED THE REAL PRIORITIES, THE REAL NEED AND THE REAL
COUNCILORS AND THE VOTERS, STILL GOING TONIGHT TO MY SURPRISE.
SO I JUST WANT TO FIRST, YOU KNOW, EXPRESS MY OBSERVATION OF THIS ONE AND SECOND
ONE, EVEN THOUGH DUE TO THE UNFORTUNATE DELAY AFTER DELAY AFTER DELAY OF THE
SECOND READING, THERE'S SO MUCH MISINFORMATION, INTENTIONALLY SPREAD IN THE
COMMUNITY.
AND EVEN AFTER THE GREAT EFFORT OF THE MAYOR, THE CITY COUNCIL AND THE STAFF TO
PUT OUT INFORMATION ON THE WEBSITE TO ADDRESS THOSE MISINFORMATION SUCH
MISINFORMATION IS STILL BROUGHT UP AGAIN AND AGAIN AND AGAIN LIKE OH, THIS
ORDINANCE IS CRIMINALIZING THE HOMELESS PEOPLE.
I DON'T WANT TO SPEND ANY TIME ADDRESSING THOSE MISINFORMATION ISSUES, BECAUSE I
DON'T THINK YOU CAN WAKE UP ANYONE WHO IS PRETENDING TO SLEEP.
THEN I DID AGREE WITH SOME OF THOSE PEOPLE WHO OPPOSE THIS ORDINANCE, THEY SAY
LOOK, THIS ORDINANCE IS NOT THE SOLUTION TO THE HOMELESSNESS IN FREMONT.
I AGREE.
FROM THE BEGINNING IT WAS MADE CLEAR THAT IT WAS JUST ONE OF THE STEPS TOWARDS
IMPROVING THE SITUATION OF HOMELESSNESS IN FREMONT.
AND NOBODY CLAIMED EVER THAT IT WAS THE SOLUTION.
JUST LIKE THE RV ORDINANCE WE JUST PASSED, IT SINGLE HANDEDLY SOLVED THE ISSUE OF
HOMELESSNESS?
NO.
AND EVEN ONCE I VOTED FOR THAT RV PARKING ORDINANCE, I DIDN'T HAVE ANY
EXPECTATION THAT THAT WOULD BE THE ONLY SOLUTION TO HOMELESSNESS.
WHAT WOULD BE THE SOLUTION TO THE HOMELESSNESS IN FREMONT?
I DON'T KNOW.
IT'S A MILLION DOLLAR PROSPECT.
>> MAYOR SALWAN: SILENCE, PLEASE.
>> COUNCILMEMBER SHAO: LET'S PUT ON MORE MONEY.
MORE RESOURCES.
AND WE CAN SOLVE IT.
NOW REMEMBER, IN THE BEGINNING OF THIS MEETING, I ESPECIALLY ASKED FOR SOME
NUMBERS, AND SEE THOSE NUMBERS AND SEE WHETHER EVEN AS OF TODAY, THE SPENDING
FROM THE CITY OF FREMONT ON HOMELESSNESS WHETHER IT IS SUSTAINABLE.
FOR EXAMPLE: THE POLICE DEPARTMENT'S ANNUAL BUDGET IS $120 MILLION.
AND WE HAVE HEARD TESTIMONY FROM THE POLICE OFFICERS THAT THE COST OF
HOMELESSNESS ACCOUNTS FOR 20% OF THE COST.
YOU WILL SAY 20% OF $120 MILLION IS $24 MILLION FOR YOU.
THEN WE ALSO HEARD FROM THE HUMAN SERVICES DEPARTMENT THAT ON AVERAGE, THE
AMOUNT OF MONEY SPENT ON HOMELESSNESS FROM THE HUMAN SERVICES DEPARTMENT
IS ABOUT $8 MILLION.
SO YOU ADD IT UP, $32 MILLION.
PER YEAR.
WELL, WHAT DOES THAT MEAN?
WE HAVE 800 ALSO HOMELESS PEOPLE IN FREMONT.
AND $32 MILLION PER YEAR IS SPENT ON THOSE 800 PEOPLE.
COUNTING FOR HOW MUCH?
$40,000 PER PERSON PER YEAR.
AND THEN IF YOU COMPARE HOW MUCH MONEY YOU SPEND EACH YEAR FROM OUR BUDGET,
FROM GENERAL FUNDING ON EACH AND EVERY FREMONT RESIDENT, YOU DO THE MATH.
WE HAVE OVER $200 MILLION PER YEAR AND DIVIDED BY OUR POPULATION OF 230,000 ALSO
RESIDENTS, SO IT'S ABOUT $1,000 PER YEAR PER RESIDENT.
40,000 DIVIDED BY 1,000 EQUALS 40.
WHICH MEANS CITY OF FREMONT SPENDS 40 TIMES AS MUCH MONEY ON EACH HOMELESS
PERSON EACH YEAR THAN THE AMOUNT OF MONEY WE SPEND ON THE RESIDENT.
I DID SOME CALCULATION.
I'M IN MY MID 50’S, SO LAST YEAR THE AMOUNT OF MONEY SPENT ON ONE HOMELESS
PERSON IN OUR CITY IS ALREADY MORE THAN HOW MUCH THE CITY IS GOING TO SPEND ON
ME FOR THE REST OF MY LIFE.
AND IT APPLIES TO PROBABLY MAJORITY OF THE AUDIENCE RIGHT NOW IN THAT COUNCIL
CHAMBER.
SO BEFORE YOU ASK THE QUESTION, IS IT FAIR OR NOT, YOU ASK THE QUESTION, IS IT
SUSTAINABLE?
SOME PEOPLE SAY OH, YOU KNOW, WE CAN APPLY FOR MONEY FROM THE STATE
GOVERNMENT.
WE TRIED.
REMEMBER, THE 40-PLUS MILLION DOLLAR GRANT THAT WE APPLIED FOR THE HOMEKEY
PROJECT, WHICH WOULD ACTUALLY HELP THE CITY GET 140 PLUS UNITS TO HOST MORE THAN
140 HOMELESS PEOPLE IN FREMONT, WE TRIED ONCE GOT REJECTED, TWICE, GOT REJECTED,
THREE TIMES THE CHARM, GOT REJECTED AGAIN.
AND THERE'S --
>> MAYOR SALWAN: COUNCILMEMBER SHAO, I THINK WE'RE AT ALMOST 11:00 P.M.
IF YOU COULD JUST CONCLUDE YOUR REMARKS SO WE CAN HAVE A DECISION BEFORE 11:30.
>> COUNCILMEMBER SHAO: SURE.
ALL RIGHT.
SO NEEDLESS TO SAY, THAT DOESN'T WORK.
BESIDES, THE STATE IS BUSY SETTING UP DEFENDING FOR ILLEGAL CRIMINAL IMMIGRANTS,
AND YOU WILL NOT SEE ANY MONEY COMING FROM THEM IN THE NEAR FUTURE FOR HELP.
ALL RIGHT.
SO THEN, SOME PEOPLE SAY, ESPECIALLY COUNCILMEMBERS SAY , OH, MAYBE WE CAN DO
SOME COMPROMISE.
LET'S JUST REMOVE THE LANGUAGE OF AIDING AND ABETTING OR CHANGE THE NUMBER --
THE AMOUNT OF FINES OR THE TERM OF THE IMPRISONMENT, MAYBE THAT WILL MAKE
PEOPLE HAPPY.
DURING TONIGHT, THE WHOLE NIGHT, ALL THE PEOPLE THAT SPOKE AGAINST THIS BAN, THIS
ORDINANCE, I'M SORRY, NO ONE EVER MENTIONED THAT AS ONE OF THE CONDITIONS TO
ACCEPT THE ORDINANCE.
THEY ALL CATEGORICALLY REJECTED THIS AND ACCUSING THE CITY COUNCIL OF
CRIMINALIZING THE HOMELESS PEOPLE.
SO I GUESS THIS ROUTE IS NOT THERE.
SO MY CONCLUSION IS, AND FOR THAT, I WOULD LIKE TO QUOTE THAT MANY FREMONT FOR
EVERYONE SPEAKERS ALWAYS SAY, FREMONT IS DOING BETTER, YES, WE'RE DOING BETTER.
WE PASSED THE RV ORDINANCE, AND WE'RE ENFORCING IT, OF COURSE WE'RE DOING
BETTER.
FREMONT WILL BE BETTER, YES, AFTER PASSING THIS ORDINANCE, FREMONT WILL BE BETTER.
AND BECAUSE THIS SITUATION IS NOT SUSTAINABLE, THIS DELAY SHOULDN'T BE GOING ON
ANYMORE, I THINK WE SHOULD PASS THIS ORDINANCE TONIGHT.
WITHOUT ANY DELAY.
AND FOR THAT, WE REALLY LISTEN TO --
>> MAYOR SALWAN: NO CLAPPING, PLEASE.
THANK YOU.
>> COUNCILMEMBER SHAO: -- THE NEED AND THE CONCERNS OF OUR RESIDENTS.
THAT'S THE RIGHT PRIORITY THAT HELPS SOME OF US GET ELECTED INTO THIS OFFICE.
THAT'S IT.
THANK YOU.
>> MAYOR SALWAN: THANK YOU.
NEXT WE HAVE COUNCILMEMBER LIU.
>> COUNCILMEMBER LIU: THANK YOU, MAYOR.
SO I WANT TO REFOCUS THIS BACK ON TO THE TOPIC OF COMPASSION.
TODAY WE HAD MANY RESIDENTS SPEAK OUT AND I'M REALLY TRULY GRATEFUL TO SEE THE
AMOUNT OF CIVIC ENGAGEMENT WE HAVE.
A LOT OF PLACES DON'T HAVE THIS, AND DESPITE I GET PEOPLE ARE PASSIONATE, IT'S REALLY
NICE TO SEE WE HAVE RESIDENTS, COMMUNITY MEMBERS WHO CARE ABOUT WHAT GOES
ON IN OUR CITY.
BUT TODAY I'VE HEARD FROM MANY RESIDENTS THAT THEY DON'T FEEL SAFE WALKING -- JUST
WALKING OUT AT NIGHT, TAKING LEISURELY STROLLS IN THE EVENING, AND I'VE HAD MANY
RESIDENTS VOICE THEIR SAME CONCERNS TO ME PRIVATELY AS WELL HOW THEY DON'T FEEL
SAFE HAVING THEIR KIDS WALK BACK HOME FROM SCHOOL OR BIKE TO THE LIBRARY OR
THINGS LIKE THAT.
AND I JUST WANT TO SAY THAT OUR PUBLIC SPACES BELONG TO THE ENTIRE COMMUNITY,
AND IT'S REALLY NOT COMPASSIONATE AT ALL TO SEE OUR PUBLIC SPACES TO A SELECT FEW
INDIVIDUALS AT THE EXPENSE OF EVERYBODY ELSE IN THE GENERAL PUBLIC.
FAMILIES SHOULD BE ABLE TO TAKE THEIR CHILDREN TO THE PARKS, TO THE LIBRARIES
WITHOUT FEAR, AND ALL RESIDENTS SHOULD BE ABLE TO USE OUR PUBLIC SPACES WITHOUT
ENCOUNTERING ANY UNSAFE CONDITIONS.
I ALSO WANT TO ADDRESS, YOU KNOW, SOME CONCERNS AND COMMENTS THAT HAVE BEEN
RAISED ABOUT THIS ORDINANCE BEING INHUMANE AND HOW THE CITY COUNCIL IN GENERAL
IS BEING INHUMANE OR CALLUS, BUT AS I THINK WHAT HAS BEEN MENTIONED RIGHT NOW
TODAY, THE REALITY IS AND THE FACTS ON THE GROUND ARE THAT FREMONT, WE CONTINUE
TO PROVIDE SERVICES FOR THOSE EXPERIENCING HOMELESSNESS.
WE CONTINUE TO PROVIDE MENTAL HEALTH SERVICES, ADDICTION TREATMENT, AND THE
AMOUNT OF AFFORDABLE HOUSING, AS SAID TODAY BY OUR HUMAN HEALTH SERVICES, WE
PROVIDE A WHOLE HOST OF THINGS TO BE ABLE TO HELP ALL OUR RESIDENTS AND OUR
HOMELESS INDIVIDUALS LIVING HERE IN FREMONT.
BUT WHAT WE CANNOT DO IS TO ALLOW OUR PUBLIC SPACES TO BECOME PERMANENT
ENCAMPMENTS THAT POSE HARM TO -- NOT ONLY TO THE COMMUNITY AROUND THEM BUT
TO THOSE LIVING IN THOSE ENCAMPMENTS AS WELL.
I THINK THAT'S THE POINT THAT REALLY HASN'T BEEN BROUGHT UP OR ADDRESSED MUCH AT
ALL, BECAUSE I TOOK THE TIME OUT THERE TO TALK WITH PEOPLE THAT ARE CURRENTLY
HOMELESS THAT HAVE NO SHELTER, AND WHEN I TALKED TO THEM AND SPEAK WITH THEM, I
GOT SOME FIRSTHAND EXPERIENCE ABOUT HOW UNSAFE THOSE ENCAMPMENTS CAN BE.
I'VE HAD MANY HOMELESS INDIVIDUALS TELL ME THAT THEY FEAR FOR THEIR OWN SAFETY
BECAUSE HOMELESS INDIVIDUALS THEMSELVES ARE OFTEN THE MOST AT RISK FOR ANY SORT
OF CRIMINAL BEHAVIOR COMING FROM HOMELESS INDIVIDUALS, WHETHER IT'S THEFT,
ASSAULT OR ANYTHING ELSE WORSE.
ALLOWING THESE ENCAMPMENTS TO EXIST, IT DOESN'T REALLY CONTINUE TO PROTECT OUR
HOMELESS INDIVIDUALS AND PRESENTS A MAJOR DANGER TO THEM AS WELL.
NOW, FINALLY, I ALSO WANTED TO BRING UP AN ITEM THAT WE VOTED ON TODAY.
WE VOTED ON -- UNANIMOUS I SHOULD ADD TO APPROVE A NEW COMMUNITY CENTER
SPACE THAT'S MEANT TO BRING PEOPLE TOGETHER, PROVIDE SERVICES AND JUST GENERALLY
IMPROVE THE QUALITY OF LIFE FOR ALL RESIDENTS LIVING IN OUR CITY.
BUT AS WE SPEAK RIGHT NOW, THERE ARE CURRENTLY INDIVIDUALS CAMPED OUT AT THE
PUBLIC LIBRARY RIGHT NEXT TO WHERE THE NEW COMMUNITY CENTER SHOULD BE, AND
THAT CREATES REALLY UNSAFE CONDITIONS FOR EVERYBODY THAT WOULD USE IT.
AND IF WE WANT TO INVEST IN PUBLIC SPACES, AND WE SHOULD, WE MUST ALSO ENSURE
THAT THOSE PUBLIC SPACES ARE SAFE AND ACCESSIBLE TO ALL.
OTHERWISE WE WILL HAVE NOBODY USING THEM.
NOW, THIS ORDINANCE REALLY ISN'T ABOUT CRIMINALIZING HOMELESSNESS.
IT'S ABOUT MAINTAINING A BALANCE BETWEEN COMPASSION AND ACCOUNTABILITY.
IT'S ABOUT MAKING SURE THAT OUR PUBLIC SPACES REMAIN SAFE AND ACCESSIBLE FOR
EVERYBODY, INCLUDING THE HOMELESS INDIVIDUALS THEMSELVES.
THAT'S WHY I URGE ALL MY COLLEAGUES TO VOTE YES AND WE CAN VOTE TONIGHT.
THANK YOU.
>> MAYOR SALWAN: THANK YOU.
NEXT WE HAVE COUNCILMEMBER KENG.
>> COUNCILMEMBER KENG: THANK YOU, MAYOR.
FIRST I WANT TO APPRECIATE EVERYONE WHO CAME OUT HERE TONIGHT TO EXPRESS YOUR
OPINIONS AND CONCERNS, AND I KNOW THAT I'VE BEEN PART OF THE SUPPORT OF ONE OF
OUR NON-PROFIT ORGANIZATIONS, ABODE SERVICES, MANY OR CHURCHES THAT PROVIDED
THE SAFE PARKING PROGRAM THAT HAVE REALLY HELPED OUR HOMELESS POPULATION, BUT
AS WE KNOW THAT THIS ORDINANCE IS ACTUALLY -- THE AIM OF THE ORDINANCE IS NOT
LOOKING TO END HOMELESSNESS, IT'S NOT A SOLUTION AS WE HAD POINTED OUT, BUT
THERE ALSO NEEDS TO BE SOME REGULATIONS AND RULES ON ENCAMPMENT AS THE AIM
FOR THIS ORDINANCE IS TO CARE FOR PUBLIC HEALTH AS WELL AS FIRE PREVENTION
ESPECIALLY.
I'VE BEEN WORKING WITH SOME OF OUR NEIGHBORS IN THE ARDENWOOD COMMUNITY,
ESPECIALLY AT HAMPTONS PLACE.
THERE IS BEEN AN ENCAMPMENT ACROSS THE STREET FROM THEIR COMMUNITY THE LAST
COUPLE YEARS AND WE'VE BEEN WORKING ON THE ISSUES THAT THEY'VE BEEN
EXPERIENCING THE LAST TWO YEARS, BUT WE REALLY HAVEN'T BEEN ABLE TO REALLY SOLVE IT
FOR THEM BECAUSE -- YOU KNOW, ALL THE VARIOUS REASONS, AND THEY HAVE PEOPLE
CLIMBING INTO THEIR POOL AND EVEN AFTER THEY RAISE THE FENCE, AND JUST ONE OF THE
LADIES HERE, I THINK SHE -- MAYBE SHE DIDN'T MAKE IT CLEAR, MAYBE SHE WAS IN THE
WOMEN'S BATHROOM CHANGING, SO SIMILAR THINGS THAT HAVE HAPPENED TO THIS
COMMUNITY THAT HAVE PEOPLE STALKING THEM AND I THINK ONE OF THE VIDEOS THAT WAS
SHOWN A COUPLE WEEKS AGO WHEN SOME OF THEIR COMMUNITY MEMBERS WERE HERE
WAS THERE WAS A FIRE THAT WAS STARTED RIGHT BEHIND THE BACKYARD OF ONE HOUSE,
AND THE FIRE WAS GETTING PRETTY BIG AND IF IT WEREN'T FOR THE FIRE DEPARTMENT TO
GET THERE IN TIME, THEIR HOUSE WOULD HAVE CAUGHT ON FIRE AND THEIR
NEIGHBORHOOD AND I THINK WITH THE RECENT L.A. FIRES THAT WE CAN SEE THAT WITH
ONE SMALL FIRE, THE WHOLE CITY COULD BE DESTROYED.
AND SO I THINK THIS IS SAME AS THE NEIGHBORS THAT LIVE RIGHT BEHIND THE ISHERWOOD
AREA, IT'S A PUBLIC WATERWAY AND PEOPLE HAVE ERECTED KIND OF ALMOST A PERMANENT
-- THERE HAVE BEEN FIRES IN THE PAST IN PROPANE TANKS AND THAT'S REALLY UNSAFE FOR
THE COMMUNITY.
SO I THINK I AGREE THAT THIS IS NOT A SOLUTION, WHILE OUR CITY CONTINUES TO PROVIDE
SERVICES AND PROGRAMS AND WORKING WITH THE NON-PROFITS AND CHURCHES IN OUR
COMMUNITY, BUT WE ALSO NEED A BALANCE, I THINK, AS A BUSINESS OWNER MYSELF, SOME
OF THE BUSINESSES THAT HAVE SPOKEN, THEY FEEL THEIR VOICES HAVE BEEN NEGLECTED
AND IGNORED BECAUSE THEY'VE BEEN FACING ALL THESE ISSUES AND HAVING TO SPEND A
MILLION DOLLARS JUST IN INCREASED SECURITY AND DIFFERENT THINGS LIKE OVER AT
ALBRAE AND THE AUTOMALL AREA, IF YOU HAVE PASSED BY -- MAYBE YOU AVOID PASSING
THAT AREA, I KNOW ONE OF THE BUSINESS OWNERS THAT SPOKE, HE OWNS THE AUTO SHOP
IN THE AREA, SO I WOULD IMAGINE SOME OF HIS CUSTOMERS PROBABLY DON'T WANT TO GO
THERE ANYMORE BECAUSE OF ALL THE RVS PARKED OVER THERE.
SO I THINK THIS ORDINANCE IS JUST TO PROVIDE SOME REGULATIONS AND ITS INTENT IS
DEFINITELY NOT TO CRIMINALIZE AN UNHOUSED PERSON, NOT TO PUT ANYONE IN JAIL BUT
ONLY THE PEOPLE WHO ARE IMPEDING ON OTHERS' SAFETY AND WITHOUT HAVING THE
WILLINGNESS TO KIND OF ABIDE BY THE RULES AND NOT KIND OF IMPEDING ON THE PUBLIC
SAFETY OF THE WHOLE COMMUNITY.
SO I WOULD SUPPORT THE ORDINANCE AND IT IS STILL OUR CITY'S TOP PRIORITY TO MAKE
SURE THAT OUR -- WE CONTINUE TO PROVIDE SERVICES FOR THE UNHOUSED COMMUNITY
AND CONTINUE TO GET THOSE FUNDING, ADDITIONAL FUNDING THAT WE CAN GET.
THANK YOU.
>> MAYOR SALWAN: COUNCILMEMBER KIMBERLIN.
>> COUNCILMEMBER KIMBERLIN: GOOD EVENING, EVERYONE.
WELL, THIS IS NOT AN EASY SEAT TO BE IN AS YOU CAN IMAGINE.
JUST LIKE SOME OF THE SEATS THAT YOU'RE IN FOR THE PEOPLE WHO ARE HERE TONIGHT ARE
NOT EASY TO BE IN.
I UNDERSTAND THAT.
I'VE LISTENED TO EVERYONE.
I HAVE THOUSANDS OF EMAILS, GOT ONE ABOUT EVERY TWO MINUTES TODAY.
SO I HAVE HEARD YOU.
I'VE HEARD EVERYONE.
BUT I'D LIKE TO TELL YOU A LITTLE BIT ABOUT MY FOCUS AND WHAT I'M HOPING TO
ACCOMPLISH.
MY FOCUS IS TO SUPPORT BUSINESSES TO ENSURE THRIVING BUSINESS ENVIRONMENT.
MY OTHER FOCUS IS CONTINUE THE PATH OF THE HOMELESSNESS RESPONSE PLAN, TO HELP
THE HOMELESS.
ASK THAT PEOPLE ARE ACCOUNTABLE FOR THEIR BEHAVIOR WHEN THERE IS CRIMINAL
ACTIVITY.
PROMOTE ADA ACCESS FOR THE HOUSED AND THE UNHOUSED.
AND ADDRESS HEALTH AND SAFETY FOR THE HOUSED AND THE UNHOUSED.
WORK WITH COMMUNITY, NON-PROFITS AND FAITH-BASED ORGANIZATIONS TO STRENGTHEN
SUPPORT AND RESOURCES FOR OUR UNHOUSED.
LIKE HIGHER LEVEL SAFE PARKING, MORE SAFE PARKING AND MANY MORE RESOURCES.
I'VE HAD A LOT OF OFFERS FROM AGENCIES AND ORGANIZATIONS TO WANT TO WORK WITH
US.
I THINK IT'S TIME.
ALSO, IF YOU'VE LISTENED TO SOME OF MY FELLOW COUNCILMEMBERS AND POLICE CHIEF, I
HOPE YOU UNDERSTAND BETTER AS WE DUG INTO MORE OF THE INTENT OF THIS
ORDINANCE, TALKING ABOUT AIDING AND ABETTING AS BEING A REAL BIG STICKLER FOR
SOME OF US, TO NOT CRIMINALIZE HELP FOR THE HOMELESS.
I ALSO HOPE THAT YOU HEARD ECONOMIC DEVELOPMENT AND WHAT IT'S DOING TO SOME
OF OUR BUSINESS AREAS.
NOT JUST THE INDUSTRIAL AREAS, BUT OUR DOWNTOWN.
WHEN WE HAVE EVENTS AT THE DOWNTOWN EVENT CENTER, WE HAVE PEOPLE COMING IN
WHO ARE NOT DOING OKAY, WHO ARE NOT ASKING FOR HELP, AND THEY ARE -- MY SON
HAPPENS TO WORK THERE AND HE HAS TO DEAL WITH THAT, AND SOMETIMES IT'S REALLY
VERY DIFFICULT.
THERE'S NOT ALWAYS POLICE THERE TO HELP HIM OUT.
I HAVE HAD CALLS FROM OTHER BUSINESSES THAT HAVE PEOPLE COME IN TO THEIR EVENTS
HALF NAKED THINKING THAT THEY CAN HANG OUT AND THEY CAN BE WITH THAT EVENT THAT
NIGHT.
SO BAD ACTORS, BAD BEHAVIOR IS SOMETHING I'M REMINDING YOU ABOUT.
I'M NOT REMINDING YOU OF ALL HOMELESS PEOPLE, I'M REMINDING YOU OF BAD ACTORS
AND PEOPLE WHO NEED HELP OBVIOUSLY.
THIS IS ONE PIECE OF THE PUZZLE, JUST LIKE THE HOUSING NAVIGATION CENTER IS ONE PIECE
OF THE PUZZLE.
ABODE IS ANOTHER PIECE OF THE PUZZLE.
NON-PROFITS ARE A PIECE OF THE PUZZLE.
MY NEXT THOUGHT, MY NEXT FOCUS IS THAT I HEARD LOUD AND CLEAR FROM THE POLICE
ASSOCIATION AND FIRE LOCAL 1689, THAT THEY'RE ASKING FOR THIS.
THEY'RE OUR FIRST RESPONDERS.
I HAVE TO PUT A LOT OF WEIGHT INTO THAT.
THEY'RE WHO KEEP US SAFE, THEY'RE WHO ARE THERE WHEN WE REALLY NEED THEM.
I THINK THAT THIS NEEDS TO BE A NEW BEGINNING.
WE HAVE A LOT OF WORK TO DO, AND I HOPE WE CAN DO IT TOGETHER.
THANK YOU.
AND I HOPE YOU UNDERSTAND WHERE I'M COMING FROM.
>> MAYOR SALWAN: THANK YOU.
VICE MAYOR CAMPBELL.
>> VICE MAYOR CAMPBELL: THANK YOU.
WELL, WELL, NOW WE HAVE IT.
WELL, THANK YOU ALL FOR COMING.
LIKE YOU SAID, THE 1600 EMAILS I GOT, I OF COURSE READ THEM BUT DIDN'T RESPOND TO
THEM ALL, I SIMPLY DIDN'T HAVE TIME TO DO THAT.
I WAS ABLE TO DO SOME SITE VISITS.
I WAS ABLE TO GO OUT TO THE ISHERWOOD AND SEE FIRSTHAND WHAT IT LOOKED LIKE.
I WAS ALSO ABLE TO GO OVER TO LAM AND JUST KIND OF DRIVE AROUND SOME OF THE
OTHER NEIGHBORHOODS WITHIN OUR CITY.
I WAS GIFTED A GIFT FROM THE -- IT'S FROM THE UNIVERSAL UNITARIAN CHURCH, FROM
ARIEL SMITH IRE, I DON'T THINK SHE CAME HERE TODAY.
IT IS AN EXCELLENT, EXCELLENT SOURCE TO TALK ABOUT HOMELESSNESS.
IT'S CALLED "WHEN WE WALK BY."
AND I'VE BEEN LOOKING AT THIS.
IT SAYS FORGOTTEN HUMANITY, BROKEN SYSTEMS, AND THE ROLE WE CAN EACH PLAY IN
ENDING HOMELESSNESS IN AMERICA.
AND ONE OF THE -- COUPLE OF THINGS THAT THEY MENTIONED, PRISON WAS OF COURSE
ONE OF THE -- INCARCERATION WAS ONE OF THE BIGGEST THINGS THAT THEY TALKED ABOUT
IN TERMS OF BROKEN SYSTEMS AND WHAT THAT DOES FOR HOMELESSNESS AND PEOPLE
WHO ARE UNSHELTERED.
MEDICAL SYSTEMS THAT ARE BROKEN, AND HOW THESE SYSTEMS HAVE REALLY FAILED FOLKS
WHO ARE POOR , AND WHO LOOK LIKE ME AND WHO ARE HISPANIC, AS WE CAN SEE SOME
OF THE PEOPLE WHO CAME DOWN HERE WHO WERE ACTUALLY LIVING IN RVS WERE
HISPANIC, SO THESE ARE THE SYSTEMS THAT HAVE FAILED PEOPLE WHO ARE POOR.
AND I THINK THAT WHEN I WENT DOWN TO THE ENCAMPMENT IN ISHERWOOD, I SAW IT
FIRSTHAND.
THE PEOPLE ARE LIVING IN CONDITIONS THAT WOULD MAKE YOU WANT TO CRY.
AND SO IT APPEARS TO ME THAT THE SYSTEMS THAT WE HAVE, HAVE FAILED, AND IF WE PASS
THIS, I'M THE DISSENTING VOICE AS YOU PROBABLY CAN HEAR, THAT BECAUSE I DO BELIEVE
THAT WE NEED TO HAVE SOME OTHER COMPASSIONATE WAYS TO DEAL WITH THIS.
I'M NOT AGAINST A CAMPING BAN.
WHAT I'M AGAINST IS IMPRISONMENT AND LACK OF RESOURCES TO SUPPORT PEOPLE WHO
ARE SICK, HOSPITALIZATIONS, PEOPLE WHO HAVE TO DID TO THE EMERGENCY ROOM AND
THE STRAIN THAT THOSE -- THAT BEING UNSHELTERED AND BEING POOR PUTS ON OTHER
SYSTEMS, OUR HEALTH SYSTEMS, OUR POLICE SYSTEMS, THE MONEY WE ARE ACTUALLY
PUTTING INTO THOSE SYSTEMS TO TRY TO SOLVE THE HOMELESS PROBLEM, WE COULD BE
DOING SOMETHING DIFFERENTLY.
SO WITH THAT SAID, I HAVE SOME POSSIBLE SOLUTIONS THAT I THOUGHT WE MIGHT WANT
TO TAKE A LOOK AT BASED ON WHEN WE WALK BY, THE BOOK, AND MY PERSONAL
EXPERIENCE OF HAVING FIRSTHAND KNOWLEDGE OF GOING AROUND AND SEEING IT AND
TALK TO PEOPLE.
I SPENT AN HOUR WITH LAM RESEARCH, TALKING TO THEM ABOUT IT.
THERE'S A COUPLE OF THINGS.
ONE IS THE COST OF -- THEY CALL THEM 3D PRINTING HOMES.
YOU CAN MAKE 200 PEOPLE FOR $720,000.
IT'S A PROJECT FROM MOBILE ICON LOAVES AND FISHES IN AUSTIN, TEXAS, YOU CAN LOOK IT
UP YOURSELF.
370 FORMERLY UNHOUSED RESIDENTS WERE ABLE TO LIVE INTO THESE 3D HOMES AND IT
COST ABOUT $4,000 EACH.
SO IF WE LOOK AT OUR NUMBERS PERSON WHO'S ON THE ZOOM, YOU KNOW, WE COULD USE
THE MONEY THAT WE'RE INCARCERATING PEOPLE OR POTENTIALLY INCARCERATING PEOPLE
AND THE MONEY THAT WE COMPANY USE TO CLEAN UP THESE ENCAMPMENTS AND BUILD
THESE UNITS FOR THEM.
SO THAT'S ONE OPTION AVAILABLE TO US.
>> MAYOR SALWAN: VICE MAYOR, JUST TIME CHECK, WE'RE AT 11:20.
>> VICE MAYOR CAMPBELL: I KNOW.
I'M GOING TO FINISH.
DON'T STOP ME.
I THINK THAT'S REALLY RUDE.
WE CAN -- WE CAN DO A FIVE MINUTE.
WE CAN.
>> MAYOR SALWAN: NO, WE HAVE A --
>> VICE MAYOR CAMPBELL: CONTAINERS --
>> MAYOR SALWAN: HOW MUCH LONGER WOULD IT BE?
THAT'S WHAT I'M TRYING TO FIND OUT.
>> VICE MAYOR CAMPBELL: I DON'T KNOW.
I WOULD LIKE TO JUST FINISH BUT I WILL BE FINISHED IN LESS THAN FIVE MINUTES.
>> MAYOR SALWAN: OKAY, I'LL GIVE YOU FIVE MINUTES.
>> VICE MAYOR CAMPBELL: OKAY.
RETROFITTING SHIPPING CONTAINERS, THAT'S BEEN SOMETHING THAT'S BEEN DONE IN
OAKLAND.
IT COSTS 10 TO $30,000 TO BE ABLE TO DO THAT.
TINY HOMES IS ANOTHER OPTION THAT'S AVAILABLE TO US.
THE OAKLAND TURF SHEDS, FOR EXAMPLE, DID 40 PEOPLE, 76% OF THEM MOVED INTO
PERMANENT HOUSING.
AT LAM RESEARCH DURING MY VISIT WITH THEM, A CAPITAL CAMPAIGN.
THEY SAID THAT BUSINESSES AROUND THE AREAS THAT ARE SO ADVERSELY IMPACTED BY RVS
MAY BE INTERESTED IN GIVING US SOME MONEY FOR US TO DO SOME OF THESE KINDS OF
OUT OF THE BOX THINKING THINGS TO PUT PEOPLE INTO HOUSING.
REUNIFICATION PROGRAMS HAVE BEEN VERY SUCCESSFUL COMING OUT OF SAN FRANCISCO,
FOR EXAMPLE.
WHERE WE PAY TO HAVE PEOPLE REUNITED WITH THEIR LOVED ONES IN OTHER PARTS OF THE
COUNTRY EVEN.
AND THESE EFFORTS WILL HELP US REDUCE COSTS TO OUR SYSTEM.
SO I'M NOT SUPPORTIVE OF THIS.
I THINK THAT WE ALREADY HAVE LAWS ON THE BOOKS THAT WE NEED TO BE WORKING
TOWARDS CONTINUING TO ENFORCE.
WE HAVE A CAMPING BAN, AND I THINK THAT WE HAVEN'T DONE AS MUCH AS WE COULD DO
BECAUSE I'M CERTAIN THAT THESE PROBLEMS THAT PEOPLE ARE COMING DOWN HERE TO
TELL US ABOUT DIDN'T JUST POP UP OUT OF THE SKY, THAT THIS HAS BEEN AN ONGOING
ISSUE THAT HAS BEEN HAPPENING FOR YEARS, AND WE HAVE NOT SUCCESSFULLY DONE IT.
LET'S USE WHAT WE GOT INSTEAD OF ADDING MORE.
FIX WHAT'S ALREADY BROKEN INSTEAD OF ADDING MORE STUFF THAT WE CAN'T EVEN DO.
THEY'VE ALREADY ADMITTED THAT THE RESOURCES ARE NOT THERE FOR US TO BE ABLE TO
DO IT.
SO I'M JUST -- I'M JUST NOT IN FAVOR OF THIS AT THIS TIME.
THANK YOU.
>> MAYOR SALWAN: THANK YOU.
OKAY.
WELL, I THINK EVERYBODY'S WEIGHED IN.
REALLY APPRECIATE EVERYONE.
LET'S BRING BACK TO THE MAIN REASON WE'RE HERE TONIGHT.
THE MAIN QUESTION IS HOW DO WE BALANCE COMPASSION WITH ACCOUNTABILITY.
AND YOU KNOW, THERE'S COMPASSION FOR OUR UNHOUSED, WHICH WE HAVE
DEMONSTRATED WITH MULTIPLE THINGS THAT WE'RE DOING IN THE CITY OF FREMONT.
BUT THERE ALSO IS COMPASSION FOR THE HOUSED.
EVERYBODY SHOULD FEEL SAFE WALKING TO YOUR LIBRARY, TO YOUR LOCAL PARK, TO YOUR
PUBLIC PLACES.
THE PUBLIC PLACES ARE FOR THE PEOPLE.
MY DAUGHTER, WHO'S VERY PROGRESSIVE, THERE'S CERTAIN PLACES SHE DOESN'T FEEL SAFE.
NOW HOW DO I CONVINCE HER THAT YOU NEED TO FEEL SAFE?
IF SOMEBODY DOESN'T FEEL SAFE, THAT IS A CONCERN THEY HAVE.
AND WE CAN'T JUST SWEEP THESE CONCERNS AND SAY OH, NO, YOU'RE NOT BEING
COMPASSIONATE.
WE HAVE TO UNDERSTAND EACH PERSON'S PAIN POINT AND UNDERSTAND WHAT THEY MAY
BE FEELING.
AND SO WE'RE TRYING TO FIND THAT RIGHT BALANCE BETWEEN COMPASSION FOR OUR
UNHOUSED WITH COMMON SENSE PROTECTIONS FOR OUR NEIGHBORHOODS.
AS I MENTIONED, THE PARKS, LIBRARIES, PUBLIC PLACES BELONG TO EVERYBODY.
WHETHER YOU'RE HOUSED OR UNHOUSED.
AND IT'S NOT FAIR FOR FOLKS TO HAVE NAVIGATE THEIR PATH AROUND THESE LARGE
ENCAMPMENTS.
I SPOKE TO THE FORMER POLICE CHIEF, CHIEF LUCERO, AND HE MENTIONED THAT
ENCAMPMENTS ARE A BARRIER FOR PEOPLE TO GET THE HELP THEY NEED.
THE BEST THING WE CAN DO IS BRING PEOPLE INDOORS, INTO SHELTER.
AND YES, WE AGREE, BUT FOR THE PAST DECADE, WE HAVE NOT BEEN PRIORITIZING SHELTER.
AND WE HAVE BEEN TOLD THAT WE ONLY SHOULD BUILD AFFORDABLE HOUSING.
AFFORDABLE HOUSING UNITS COST $1 MILLION A UNIT.
IT TAKES AT LEAST THREE YEARS TO BUILD.
AND WE'RE TOLD THAT WE HAVE THESE ENCAMPMENTS, LEAVE THEM WHERE THEY'RE AT,
BUT WAIT THREE YEARS FOR A MILLION DOLLAR AFFORDABLE HOUSING UNIT.
WHAT ARE WE DOING FOR THOSE PEOPLE?
WHY ARE WE NOT BUILDING SHELTER FOR THE FOLKS THAT ARE OUT ON THE STREETS?
SO WE NEED TO LOOK AT OUR FUNDING CHALLENGES, EVEN SOME OF OUR NON-PROFITS
HAVE BEEN SAYING THIS FOR A LONG TIME.
AND PERHAPS WE NEED TO REVISIT THAT.
BECAUSE IF WE DON'T HAVE ADEQUATE SHELTER FOR OUR COMMUNITY, WE CANNOT HELP
THEM GET BALANCE, GET BACK INDOORS, GET THE SERVICES, MENTAL HEALTH, ADDICTION,
DISABILITY BENEFITS, JOB TRAINING, AND A PATH TO PERMANENT HOUSING.
THESE ENCAMPMENTS ARE NOT HUMANE FOR THE UNHOUSED.
AND SO WE NEED TO SEE HOW WE CAN BEST HELP THEM.
REALLY THIS IS A VERY PERSONAL AND EMOTIONAL ISSUE ON ALL SIDES, AND SO IN THE CITY
OF FREMONT, WE HAVE BEEN GOOD ACTORS, WE HAVE DONE OUR PART.
WE'VE DONE MORE THAN ANY OTHER CITY.
WE HAVE BEEN BUILDING A HOUSING NAVIGATION CENTER, WE GAVE SOME ADDITIONAL
FUNDING TO SUNRISE VILLAGE RECENTLY TO MAKE SURE THEY COULD CONTINUE TO RUN IT.
WE'VE BEEN DOING EVERY PROGRAM UNDER THE SUN.
WE HAVE A FAMILY RESOURCE CENTER WHERE WE SPEND OUR GENERAL FUND MONEY,
WHICH IS UNLIKE ANY OTHER CITY.
WE PROVIDE ALL THE SERVICES THAT WERE MENTIONED.
SO WE CAN'T JUST HAVE BAD MEMORY LIKE OH, WE'RE NOT DOING ANYTHING.
WE'RE DOING MORE THAN ANYBODY.
WE HAVE AFFORDABLE HOUSING UNITS THAT HAVE EITHER BEEN BUILT OR IN THE PIPELINE,
MORE THAN ANY OTHER COMMUNITY IN THE BAY AREA.
AND SO WE CAN'T JUST IGNORE THE CONCERNS OF OUR COMMUNITY WHO HAVE VOICED
AGAIN AND AGAIN AND AGAIN THAT WE ARE HAVING THESE CONCERNS.
AND YOU HEARD FROM SOME OF THEM.
THESE ARE JUST YOUR EVERYDAY SMALL BUSINESS OWNERS, YOUR RESIDENTS, SO WE HAVE
AN OBLIGATION TO ADDRESS THEIR CONCERNS.
EVERYBODY DESERVES TO FEEL SAFE.
AND SO THE PUBLIC SPACES ARE FOR EVERYBODY, AND WE NEED TO MAINTAIN THOSE.
AND WE HAVE ALWAYS BEEN A SERVICE-FIRST CITY AND WE'LL CONTINUE THAT.
I THINK THE CHIEF MENTIONED THAT WE HAVE NOT ARRESTED A SINGLE PERSON IN OUR
PARK.
AND SO THAT SHOWS THE KIND OF CITY WE ARE AND THE KIND OF TRACK RECORD WE HAVE.
AND YOU KNOW, WE CAN'T JUST IGNORE -- WE CAN'T JUST SAY LET'S JUST LEFT THINGS AS
THEY ARE, BECAUSE WHATEVER WE'RE DOING IS NOT ENOUGH.
THESE PEOPLE ARE SUFFERING OUTDOORS, WE HAVE OVER 800 UNHOUSED PEOPLE THAT ARE
NOT GETTING THE HELP THEY NEED.
AND WHEN I APPROACH, WHEN I SPOKE TO SOME OF THE ACTIVISTS I THINK I SPOKE TO MR.
BONACCORSI AS WELL, I SAID WELL, GIVE MEL A SOLUTION.
WHAT IS YOUR SOLUTION?
WE ARE OPPOSED TO IT.
THERE'S NO SOLUTION.
SO WE HAVE TO ADDRESS THE CONCERNS OF THE INDIVIDUALS.
AND SO IF THERE'S NO SOLUTION, IT'S NOT WORKING.
WE CAN'T JUST BE IF LIKE ELITE AND SAY WELL U NEED TO FEEL THIS WAY.
I MEAN, THE PEOPLE ARE HAVING THESE CONCERNS, SO WE HAVE TO HEAR OUR
COMMUNITY.
SO WE ARE A LEADER IN HOMELESSNESS PREVENTION.
WE PROVIDE SHELTER, WE PROVIDE HOUSING.
AND WE'LL CONTINUE TO WORK WITH ALL OF OUR ORGANIZATIONS, OUR FAITH-BASED
ORGANIZATIONS, OUR NON-PROFITS, AND WE'RE GOING TO CONTINUE TO BUILD MORE
HOUSING.
AND I WOULD LOVE TO PARTNER WITH ALL OF YOU TO BUILD MORE SHELTER.
BECAUSE THAT IS VERY IMPORTANT.
WE SHOULD ALSO LOOK AT SOME OF OUR AFFORDABLE HOUSING FUNDS AND SEE HOW WE
CAN DEDICATE MORE FOR SHELTER SPACES.
I WOULD LOVE TO GET THE PARTNERSHIP TO OPERATE THOSE.
BECAUSE THEN WE CAN GET PEOPLE INDOORS, AND THEN WE CAN GET THEM THE SERVICES
THEY NEED.
SO WE MUST BALANCE ACCOUNTABILITY WITH COMPASSION.
WE MUST ADDRESS ISSUES SUCH AS FIRE RISK.
WE SAW THE FIRES IN L.A.
PEOPLE IN ISHERWOOD ARE TALKING ABOUT PEOPLE HAVING WASHERS AND DRIERS IN THE
MIDDLE OF THE FIELD HOOKED UP TO TRANSFORMERS WITH STRUCTURES THAT ARE NOT
SAFE FOR THE UNHOUSED OR THE HOUSED PEOPLE BECAUSE THEY'RE NOT SAFE FOR
ANYBODY, AND SO I THINK WE NEED TO WORK IN ALL OF THESE ASPECTS, AND WE CAN'T DO
IT ALONE, THE CITY HAS TO PARTNER AGAIN WITH OUR COUNTY OFFICIALS.
SO I DID SPEAK TO SUPERVISOR DAVID HUBBARD AND HE SAID HE WOULD HELP US WITH
FUNDING FOR THESE ENCAMPMENTS SO WHEN WE CLEAR THESE ENCAMPMENTS, THEY WILL
TRY TO GIVE THE RESOURCE SO IS WE CAN GET THESE PEOPLE HOUSED.
WE DID THAT IN VALLEJO MILL AND HE SAID HE'S COMMITTED TO HELP US ADDRESS THIS
ESHOO.
SO -- AND WE WILL DO THAT.
AND ALSO OUR STATE, WE NEED TO GET FUNDING FROM OUR ASSEMBLYMEMBERS AND
SENATORS, BECAUSE CITIES WERE NEVER MEANT TO DO MENTAL HEALTH AND HEALTH
SERVICES BY THEMSELVES.
WE ARE DOING MORE AND MORE NOW THAN EVER BEFORE.
AND SO THE COUNTY NEEDS TO DO MORE, THE STATE NEEDS TO DO MORE, THE FEDERAL
GOVERNMENT NEEDS TO DO MORE.
THERE WAS A MENTION OF ACLU SEVERAL TIMES.
ACLU IS GREAT.
BUT ACLU WAS ALSO THE FOLKS THAT SUED THE STATE OF CALIFORNIA, AND HAD PEOPLE
REMOVED THE MENTAL FACILITIES.
AND WHEN WE CLOSED DOWN THOSE MENTAL FACILITIES, A LOT OF THESE PEOPLE ENDED UP
ON THE STREET, THEY ENDED UP IN OUR JAIL, AND THEN THEY DID PRISON REALIGNMENT
AND THEN THEY WERE PUSHED OUT AGAIN ON OUR STREETS.
SO WE NEED TO FIND A PATH FOR MENTAL HEALTH IF AND INVEST THAT AT THE HIGHEST
POSSIBILITY AND MAKE SURE WE MAKE THAT HAPPEN.
SO AGAIN, WE NEED TO WORK TOGETHER BECAUSE WE'RE ALL ON THE SAME TEAM, WE ALL
WANT TO SEE REDUCTION IN HOMELESSNESS.
I DON'T THINK ANYBODY WANTS TO SEE MORE.
THE QUESTION IS HOW DO WE GET THERE?
AND THAT'S GOING TO REQUIRE US WORKING TOGETHER.
TO ALL OUR FAITH LEADERS, WE ONLY HAVE SIX CHURCHES THAT ARE HELPING.
WE NEED MORE OF YOU TO STEP UP.
WE NEED YOU TO HELP US SOLVE THIS ISSUE.
WE NEED TO GET THOSE SAFE PARKING SITES.
WE'RE ONLY HELPING 15 PEOPLE.
IMAGINE IF WE HAD 40 CHURCHES HELPING.
CHURCHES ARE NON-PROFIT ORGANIZATIONS.
WE GIVE THEM -- THEY PAY NO PROPERTY TAXES, SO WE COULD DEFINITELY USE YOUR HELP
ON THAT.
AND WE WILL CONTINUE TO WORK WITH OUR COUNTY TO TRY TO GET MORE FUNDING SO
THAT WE CAN PROVIDE SAFE PARKING OR SAFE PLACES, BUT IT GOING TO REQUIRE AN
ONGOING EFFORT.
AND SO I SUPPORT ORDINANCE BECAUSE I THINK THIS IS THE -- PRACTICALITY AND
ADDRESSING THE NEEDS OF OUR COMMUNITY.
SO I WOULD LIKE TO SEE -- AS FAR AS THE COUNCILMEMBERS, I HEARD EVERYBODY SAID YES
EXCEPT FOR COUNCILMEMBER CAMPBELL.
SO WOULD YOU LIKE TO SEE IT PASSED AS IS OR WOULD YOU LIKE TO SEE SOME OF THE
MODIFICATIONS WE SPOKE ABOUT, IF EVERYBODY COULD WEIGH IN ON THAT AND THEN WE
COULD GET A MOTION.
>> VICE MAYOR CAMPBELL: I THOUGHT WE HAD TO FINISH AT 11:30?
SO ARE WE GOING TO CONTINUE THIS?
>> MAYOR SALWAN: YES, THE GOAL IS TO FINISH AT 11:30.
>> VICE MAYOR CAMPBELL: IT'S 11:30.
>> MAYOR SALWAN: 11:33, BUT YES, YOU AND COUNCILMEMBER SHAO TOOK A LITTLE MORE
TIME, BUT I'M NOT COMPLAINING.
SO IF WE COULD GET A MOTION TO EXTEND THE MEETING FOR ANOTHER HALF-HOUR?
>> COUNCILMEMBER ZHANG: I WOULD HAVE A MOTION TO EXTEND 15 MINUTES.
>> COUNCILMEMBER LIU: I WOULD SECOND THAT MOTION FOR 15 MINUTES ONLY .
>> MAYOR SALWAN: OKAY, MOVED BY COUNCILMEMBER ZHANG, SECONDED BY
COUNCILMEMBER LIU.
PLEASE VOTE.
>> VICE MAYOR CAMPBELL: WE HAVE TO DO ROLL CALL VOTE.
>> MS. GAUTHIER: SORRY, I WAS TRYING TO NOTE THE MOTION.
COUNCILMEMBER LIU, AYE.
COUNCILMEMBER ZHANG, AYE.
COUNCILMEMBER SHAO, AYE.
COUNCILMEMBER KIMBERLIN, AYE.
COUNCILMEMBER KENG, AYE.
VICE MAYOR CAMPBELL, AYE.
MAYOR SALWAN, AYE.
>> MAYOR SALWAN: OKAY, MEETING EXTENDED.
SO IF WE COULD JUST GO DOWN -- COUNCILMEMBER ZHANG, IF YOU COULD INDICATE YOUR
OPINION IF YOU WOULD LIKE TO SEE ANY AMENDMENTS AND WHICH ONES, AND -- OR DO
YOU WANT TO APPROVE IT AS IS?
>> COUNCILMEMBER ZHANG: I THINK THAT WE HAVE ALREADY CLARIFIED THAT ASSISTING
AND --
>> MAYOR SALWAN: AIDING AND ABETTING?
>> COUNCILMEMBER ZHANG: YES, AND WE HAVE ALREADY EXPLAINED BUT IF IT'S NOT
SUFFICIENT, I WOULD LIKE TO ADD THAT LANGUAGE TO CLARIFY.
THAT'S THE ONLY CONDITION.
I FEEL LIKE A THOUSAND DOLLARS FINE VERSUS 500, IT DOESN'T MAKE A DIFFERENCE.
SO, YOU KNOW, THAT'S MY OPINION.
WITH THE CONDITION TO ADD THAT LANGUAGE CLARIFY .
>> MAYOR SALWAN: COUNCILMEMBER LIU.
>> COUNCILMEMBER LIU: SO I THINK EVERYBODY HERE ON THE COUNCIL HAS MADE IT CLEAR
THAT I THINK WE'RE READY TO VOTE IRREGARDLESS OF WHICH WAY WE'RE VOTING, SO I AM
PERSONALLY FINE WITH JUST VOTING FOR THIS AS IS.
>> MAYOR SALWAN: COUNCILMEMBER KENG.
>> COUNCILMEMBER KENG: I WOULD LIKE TO SEE EITHER ADDING MORE CLARIFICATION
ABOUT AIDING AND ABETTING AND ALSO DECREASING THE FINE TO MAYBE 250.
>> MS. GAUTHIER: COUNCILMEMBER SHAO HAS HIS HAND RAISED.
>> MAYOR SALWAN: OKAY.
PLEASE.
>> COUNCILMEMBER SHAO: VOTE AS IS.
THAT'S MY OPINION.
>> MAYOR SALWAN: PLEASE.
OKAY, JUST TO CLARIFY -- SORRY, EXCUSE ME.
SO DID YOU WANT TO REMOVE THE AIDING OR ABETTING OR YOU WANT TO CLARIFY?
>> COUNCILMEMBER SHAO: JUST AS IS.
BECAUSE I ALREADY EXPRESSED MY OPINION.
>> MAYOR SALWAN: YES.
>> COUNCILMEMBER SHAO: AS IS.
>> MAYOR SALWAN: THAT'S RIGHT.
I GOT YOU, COUNCILMEMBER SHAO.
I WAS ASKING COUNCILMEMBER KENG FOR CLARIFICATION.
>> COUNCILMEMBER KENG: WE CAN ADD THE CLARIFICATION, THAT'S FINE.
>> MAYOR SALWAN: OKAY.
COUNCILMEMBER KIMBERLIN.
>> COUNCILMEMBER KIMBERLIN: I WOULD REALLY LIKE TO HAVE THE VERBIAGE ON THE
AIDING AND ABETTING, SO THAT THE NON-PROFITS WHO HELP US KNOW THAT THEY'RE SAFE.
I WOULD REALLY LIKE THAT LANGUAGE IN THERE.
ASSISTING WITH BASIC NEEDS, WARMTH, SUSTENANCE, HEALTH AND SAFETY AND
RESOURCES.
>> MAYOR SALWAN: OKAY .
>> COUNCILMEMBER KIMBERLIN: ARE OKAY.
I DON'T KNOW HOW WE'D WORD THAT, BUT THEY ARE OKAY.
THEY WON'T BE IN DANGER.
>> MAYOR SALWAN: ALL RIGHT.
WELL --
>> VICE MAYOR CAMPBELL: CAN I SAY SOMETHING?
I MEAN, JUST BECAUSE -- I'M NOT IN THE MAJORITY, CAN I --
>> MAYOR SALWAN: YOU CAN SAY SOMETHING.
WE'RE JUST LOOKING FOR A MOTION AT THIS POINT.
>> VICE MAYOR CAMPBELL: OKAY, WELL, I JUST WANT TO -- JUST A POINT OF CLARIFICATION
FOR THOSE -- FOR PEOPLE WHO THINK THAT I HAVE NOT HEARD YOU WHEN YOU SAID YOU
DON'T FEEL SAFE AND THOSE OTHER THINGS, I WANT TO LET YOU KNOW THAT I DID HEAR
YOU, AND I'M NOT OPPOSED TO THE BAN.
I'M JUST OPPOSED TO THE CRIMINALIZATION PIECE, AND I THINK I SHARED THAT AT EACH OF
THE MEETINGS THAT I WENT TO AND TALKED TO PEOPLE.
I'M NOT OPPOSED TO IT, I HEAR YOU, I DON'T WANT YOU TO BE UNSAFE.
I JUST WANT US TO BE ABLE TO MANAGE WHAT WE ALREADY HAVE BEFORE WE CONTINUE TO
ADD ON, ADD ON, ADD ON AND WE HAVEN'T REALLY MANAGED WHAT WE HAVE.
>> MAYOR SALWAN: OKAY.
SO IF I COULD GET A MOTION?
>> COUNCILMEMBER SHAO: I WOULD LIKE TO MAKE A MOTION.
>> COUNCILMEMBER LIU: IS THIS MOTION FOR AMENDING IT?
>> MAYOR SALWAN: SO COUNCILMEMBER SHAO, I'M SEEING ONE, TWO, THREE THAT WANT
CHANGES.
AND I THINK INCLUDING COUNCILMEMBER ZHANG.
>> COUNCILMEMBER ZHANG: YES.
>> MAYOR SALWAN: SO PERHAPS IF IT'S OKAY, WE COULD DRAFT A MOTION THAT MOVES THE
SECOND ORDINANCE WITH CLARIFYING THE LANGUAGE AROUND THE AIDING AND ABETTING
AS FAR AS WHAT IT APPLIES TO, AS FAR AS, YOU KNOW, FOOD AND WATER IS ALLOWED
ASSISTANCE BUT NO STRUCTURES.
AND THEN AS FAR AS REDUCING THE FINE, IS THAT SOMEBODY -- PEOPLE -- SOUNDED LAKE
ONLY COUNCILMEMBER KENG MENTIONED THAT.
SO THAT'S NOT SO IMPORTANT?
OKAY.
ANY OTHER COMMENTS ON THAT BEFORE WE MOVE FORWARD?
DOES ANYBODY WANT TO PROPOSE THAT MOTION?
I CAN MOVE IT.
I'LL MOVE IT.
OKAY.
IS THERE A SECOND?
>> CTY. ATTNY. ALVARADO: MAYOR SALWAN, FOR PURPOSES OF YOUR MOTION, IS TO BRING
BACK THE ORDINANCE WITH ADDITIONAL LANGUAGE CLARIFYING WHAT ACTIVITIES ARE NOT
VIOLATIVE?
>> MAYOR SALWAN: MM-HMM.
>> CTY. ATTNY. ALVARADO: AND WHAT ELSE?
>> MAYOR SALWAN: I THINK THAT'S IT.
IS THERE A SECOND?
SECONDED BY COUNCILMEMBER KIMBERLIN.
PLEASE VOTE.
ROLL CALL.
>> COUNCILMEMBER SHAO: COUNCIL, I WOULD LIKE TO MAKE A SUBSTITUTE MOTION.
>> MAYOR SALWAN: OKAY.
IS THERE A SECOND TO COUNCILMEMBER SHAO'S -- OR DO YOU WANT TO MAKE OFFICIAL
MOTION?
>> CTY. ATTNY. ALVARADO: HE NEEDS TO MAKE FIRST.
>> COUNCILMEMBER SHAO: SUBSTITUTE MOTION WOULD BE VOTE AS IS BECAUSE I JUST
DON'T WANT TO SEE MORE DELAYS AND ENDLESS WORD CHANGE AND WORDSMITHING.
>> MAYOR SALWAN: OKAY.
IS THERE A SECOND?
>> COUNCILMEMBER LIU: I WOULD SECOND THAT MOTION.
>> MAYOR SALWAN: OKAY.
SO WE HAVE A MOTION -- A SUBSTITUTE MOTION WHICH WE'RE GOING TO VOTE ON FIRST BY
COUNCILMEMBER SHAO, SECONDED BY COUNCILMEMBER LIU.
PLEASE VOTE, ROLL CALL.
>> MS. GAUTHIER: COUNCILMEMBER LIU, AYE.
COUNCILMEMBER ZHANG, I WOULD LIKE TO WAIT.
I WOULD LIKE TO REVISE.
>> MS. GAUTHIER: SO YOU'RE VOTING NO ON THE SUBSTITUTE?
>> COUNCILMEMBER ZHANG: OKAY, NO.
>> MS. GAUTHIER: IS THAT CORRECT?
>> MAYOR SALWAN: YES, SHE SAID NO.
>> MS. GAUTHIER: THANK YOU.
COUNCILMEMBER SHAO, AYE.
COUNCILMEMBER KIMBERLIN, NO.
COUNCILMEMBER KENG, NO.
VICE MAYOR CAMPBELL, NO.
MAYOR SALWAN, NAY FOR ME.
NOW WE GO BACK TO THE ORIGINAL MOTION.
WHICH WAS MOVED BY ME AND SECONDED BY -- WAS IT COUNCILMEMBER KIMBERLIN?
YES.
>> MS. GAUTHIER: THE MOTION IS WITH THE AMENDMENTS THAT WE -- AND IS THAT WE
BRING IT BACK AGAIN OR THIS IS THE SECOND READING AND ADOPTION?
>> MAYOR SALWAN: WE'RE GOING TO BRING IT BACK --
>> CTY. ATTNY. ALVARADO: THE MOTION IS TO BRING BACK THE ORDINANCE AS A
REINTRODUCTION WITH ADDED LANGUAGE CLARIFYING THE ACTIVITY THAT IS NOT
VIOLATIVE.
FOR EXAMPLE, FEEDING THE UNHOUSED OR CLOTHING THE UNHOUSED ARE THE EXAMPLES
THAT I HEARD MENTIONED.
SO SINCE IT'S A REINTRODUCTION, WE'RE GOING TO COME BACK WITH LANGUAGE THAT THE
COUNCIL CAN REVIEW AGAIN AND PROVIDE COMMENT, BUT IT WILL BE A REINTRODUCTION
AT THE NEXT CITY COUNCIL MEETING.
>> COUNCILMEMBER SHAO: SO IT WILL BE A FIRST READING NEXT COUNCIL MEETING?
>> CTY. ATTNY. ALVARADO: YES.
BECAUSE TONIGHT THE COUNCIL -- THE ORDINANCE PROPOSED THIS EVENING HAS ALREADY
BEEN INTRODUCED, AND IT IS UP FOR ADOPTION, THE GOVERNMENT CODE REQUIRES
REINTRODUCTION SINCE THERE'S SUBSTANTIVE CHANGES BEING MADE TO THE DRAFT.
>> COUNCILMEMBER SHAO: THEN THE SECOND READING WILL BE LIKE, YOU KNOW, A BIG GAP
LIKE THIS TIME, SOMEWHERE IN APRIL OR MAY?
>> CTY. ATTNY. ALVARADO: THE EARLIEST THAT THE ORDINANCE COULD BE INTRODUCED IS
FEBRUARY 18TH, WHICH IS THE NEXT CITY COUNCIL MEETING THAT WOULD BE AN
INTRODUCTION, AND THEN AFTER THAT, THE NEXT AVAILABLE MEETING FOR ADOPTION
WOULD BE THE MARCH 4TH CITY COUNCIL MEETING.
>> COUNCILMEMBER SHAO: WHAT IF IN THE FIRST READING NEXT WEEK, THERE WILL BE
MORE PROPOSAL TO FURTHER REFINE OR MODIFY THE LANGUAGE?
WHAT WOULD THAT LANGUAGE BE INCLUDED IN THE SECOND READING OR WE HAVE TO GO
THROUGH THE FIRST READING AGAIN?
>> CTY. ATTNY. ALVARADO: AT THE INTRODUCTION OF AN ORDINANCE, A COUNCIL CAN MAKE
CHANGES THAT EVENING WITHOUT THE NEED OF HAVING TO RE-INTRODUCE IT AGAIN AT A
FUTURE MEETING.
YOU JUST CAN'T DO THAT AT THE TIME OF ADOPTION.
SO IF THE COUNCIL WERE DISSATISFIED WITH THE PROPOSAL, THE COUNCIL COULD MAKE
CHANGES THAT IT CONSIDERS AT THE FEBRUARY 18TH MEETING, STILL INTRODUCE THAT
ORDINANCE AND STILL PROCEED WITH ADOPTION ON MARCH 4TH.
>> MAYOR SALWAN: YOU HAVE A QUESTION, COUNCILMEMBER KIMBERLIN?
>> COUNCILMEMBER KIMBERLIN: SO IF IT'S NOT REALLY CHANGING THE INTENT, IT'S STILL
TOO LATE?
BECAUSE WE'VE TALKED ABOUT AIDING AND ABETTING AND WHAT IT MEANS, AND SO THE
LANGUAGE I'M PROPOSING SUPPORTS EVERYTHING EVERYBODY HAS SAID ABOUT AIDING
AND ABETTING, SO IT'S JUST BECAUSE IT'S THE SECOND READ AND NOT THE FIRST READ?
>> CTY. ATTNY. ALVARADO: CORRECT, AT AN ADOPTION, AS IN ADOPTION, THE COUNCIL
CANNOT MAKE SUBSTANTIVE CHANGES WITHOUT HAVING TO RE-INTRODUCE THE
ORDINANCE.
YOU CAN DO THAT AT THE INTRODUCTION.
YOU COULD, FOR EXAMPLE, HAVE A CITY COUNCIL MEETING WHERE IT'S SET FOR
INTRODUCTION, MIGHT NOT LIKE ALL OF THE LANGUAGE, YOU SUGGEST CHANGES THAT CAN
BE MADE FROM THE DAIS, AND THEN INTRODUCE IT THAT EVENING AND THEN CONTINUE
FOR ADOPTION THE NEXT CITY COUNCIL MEETING.
THAT PROCESS IS NOT AVAILABLE THIS EVENING BECAUSE IT'S ADOPTION THAT'S BEING
CONSIDERED TONIGHT, AND ONLY CLERICAL CORRECTIONS COULD BE MADE THIS EVENING
WITHOUT HAVING THE NEED TO RE-INTRODUCE.
>> MAYOR SALWAN: SO WHAT IF WE HAVE A POLICY STATEMENT AND NOT IN THE ORDINANCE
CLARIFYING AIDING AND ABETTING?
DOES THAT REQUIRE A SECOND READING?
WHERE WE MAKE OUR INTENT CLEAR?
>> CTY. ATTNY. ALVARADO: IF I'M UNDERSTANDING YOUR QUESTION, YOU'RE ASKING
WHETHER YOU CAN -- WHETHER THE COUNCIL COULD MAKE JUST A GENERAL POLICY
STATEMENT THIS EVENING AND PROCEED WITH ADOPTION?
YES, THE COUNCIL MAY MAKE EXPRESSIONS OF THEIR VIEWS AS A BODY IF.
THAT WOULD IMPACT YOUR ABILITY TO ADOPT THE ORDINANCE, SO LONG AS THERE'S NO
CHANGES TO THE LANGUAGE OF THE ORDINANCE ITSELF.
BUT IF YOU'RE GOING TO ADD LANGUAGE TO THE ORDINANCE, FOR EXAMPLE, YOU'RE GOING
TO ADD CLARIFYING LANGUAGE REGARDING WHAT ACTIVITY IS SUBJECT TO CRIMINAL
ENFORCEMENT OR NOT, THAT LANGUAGE MUST BE CLEAR, GIVEN THE PENALTY, AND THAT
WOULD REQUIRE REINTRODUCTION.
>> COUNCILMEMBER ZHANG: SO CAN I ASK A QUESTION?
>> COUNCILMEMBER LIU: WE'RE PAST THE 1145 MARK SO I'LL MAKE A MOTION TO EXTEND
THIS MEETING BY ANOTHER 15 MINUTES.
>> COUNCILMEMBER ZHANG: OKAY, I SECOND.
WE'RE ALMOST DONE.
SO MY QUESTION --
>> CTY. ATTNY. ALVARADO: YOU NEED TO VOTE ON THAT.
ONE SECOND.
>> MAYOR SALWAN: PLEASE VOTE.
>> MS. GAUTHIER: SORRY, IT WAS LIU AND THEN ZHANG IS THE SECOND ON THIS ONE?
>> MAYOR SALWAN: YES.
>> MS. GAUTHIER: OKAY.
COUNCILMEMBER LIU, AYE.
COUNCILMEMBER ZHANG, AYE.
COUNCILMEMBER SHAO, AYE.
COUNCILMEMBER KIMBERLIN, AYE.
COUNCILMEMBER KENG, AYE.
VICE MAYOR CAMPBELL, AYE.
MAYOR SALWAN, AYE.
SO TO CLARIFY, IF THERE'S A POLICY STATEMENT THAT'S WRITTEN, DOCUMENTED AND THEN
WE HAVE THE ORDINANCE WHICH ALREADY HAS THE AIDING AND ABETTING, CAN'T WE -- IS
IT NOT POSSIBLE THAT WE SHOW OUR INTENT, EXACTLY WHAT IT MEANS, BUT WE STILL HAVE
THE ORDINANCE THAT'S READY TO BE APPROVED?
>> CTY. ATTNY. ALVARADO: TO BE AS CLEAR AS POSSIBLE, IF YOU'RE GOING TO MAKE ANY
CHANGES TO THE LANGUAGE OF THE ORDINANCE THIS EVENING, YOU CANNOT ADOPT THE
ORDINANCE THIS EVENING.
>> MAYOR SALWAN: OKAY .
>> COUNCILMEMBER ZHANG: I JUST WANT TO ASK A CLARIFYING QUESTION.
SO WHEN I READ THE ORDINANCE, ACTUALLY IT'S WRITTEN CLEARLY THAT FEEDING AND
HELPING IS NOT A VIOLATION OF THAT ORDINANCE.
SO IT JUST BECAUSE PEOPLE INTERPRET IT THAT WAY, SO THAT KIND OF ASKS US TO CLARIFY, IS
THAT RIGHT?
BECAUSE I THINK I READ IT THAT THE VIOLATION IS CLEAR.
>> CTY. ATTNY. ALVARADO: THERE ARE TWO SECTIONS IN THE ORDINANCE THAT DEFINE
ACTIVITY THAT IS CONSIDERED VIOLATIVE OF THE ORDINANCE.
IN BROAD STROKES, ONE IS CAMPING AND THE OTHER IS STORAGE ON PUBLIC PROPERTY.
THOSE TWO SECTIONS DO NOT IDENTIFY FEEDING MEMBERS OF THE PUBLIC OR PROVIDING
CLOTHING TO MEMBERS OF THE PUBLIC AS VIOLATIONS OF THIS CAMPING ORDINANCE.
SO THERE WOULD BE NO BASIS TO PURSUE CRIMINAL ENFORCEMENT OF SOMEONE THAT
HANDS SOMEONE ELSE FOOD OR CLOTHING UNDER THE TERMS OF THIS ORDINANCE AS
WRITTEN.
>> COUNCILMEMBER KENG: IN THAT CASE, THANK YOU FOR THE CLARIFICATION, WE DON'T
NEED ADDITIONAL LANGUAGE THEN.
>> CTY. ATTNY. ALVARADO: AS WRITTEN, THE CITY WOULD NOT ENFORCE THIS ORDINANCE ON
SOMEONE THAT IS HANDING ANOTHER PERSON FOOD OR CLOTHING.
>> MAYOR SALWAN: SO CLARIFY, SO YOU WOULD LIKE TO GO BACK TO COUNCILMEMBER
SHAO'S MOTION?
YES?
SO I HEAR ONE, TWO, THREE, FOUR YESES ALREADY .
>> CTY. ATTNY. ALVARADO: FOR THE RECORD, I THINK WE HAVE STILL A MOTION ON THE
FLOOR AND A SECOND ON THAT MOTION.
UNLESS THAT MOTION IS WITHDRAWN, YOU MUST CALL THE VOTE.
>> MAYOR SALWAN: I CAN WITHDRAW MY MOTION OR YOU CAN HAVE A SUBSTITUTE
MOTION, WHATEVER YOU WANT.
>> COUNCILMEMBER SHAO: I WOULD LIKE TO MAKE A SUBSTITUTE MOTION.
>> CTY. ATTNY. ALVARADO: ONE SECOND.
>> COUNCILMEMBER KIMBERLIN: COULD I ASK ONE MORE QUESTION ABOUT THAT MOTION
FOR CLARIFICATION?
IT SAYS NOT WITHSTANDING SUBSECTION A OF THIS SECTION, ANY PERSON CAUSING,
PERMITTING, AIDING, ABETTING OR CONCEALING A VIOLATION OF THIS CHAPTER SHALL BE
GUILTY OF MISDEMEANOR AND MAY, DOESN'T SAY SHALL, IT SAYS MAY BE PROSECUTED AS A
MISDEMEANOR AND UPON CONVICTION SUBJECT TO A FINE AND THE REST OF THAT
LANGUAGE.
SO ANY PERSON CAUSING, AIDING, ABETTING OR CONCEALING A VIOLATION OF THIS
CHAPTER, SO THAT WORDING AS IT RELATES TO THIS CHAPTER, COULD YOU CLARIFY WHAT
THIS -- WHAT THAT MEANS?
>> CTY. ATTNY. ALVARADO: THIS CHAPTER REFERS TO THE CAMPING ORDINANCE.
>> COUNCILMEMBER KIMBERLIN: OKAY.
BUT IT SAYS AIDING AND ABETTING.
>> CTY. ATTNY. ALVARADO: CORRECT BUT YOU HAVE TO IDENTIFY FIRST WHAT THE VIOLATION
IS.
TO AID AND ABET SOMEONE IN THE COURSE OF A VIOLATION, YOU HAVE TO IDENTIFY WHAT
THE VIOLATIVE BEHAVIOR IS AT FIRST, AND HERE, THE ORDINANCE DOES THAT.
IT SAYS THAT YOU CAN'T CAMP ON PUBLIC PROPERTY AND THAT YOU CANNOT STORE YOUR
PROPERTY ON PUBLIC PROPERTY, SO THOSE ARE THE VIOLATIVE ACTS.
>> COUNCILMEMBER KIMBERLIN: OKAY, NOW I GET IT.
>> CTY. ATTNY. ALVARADO: SO IF YOU AID AND ABET THOSE ACTS THEN YOU COULD BE
SUBJECT TO PENALTY UNDER THIS ORDINANCE.
BUT THOSE ARE THE ONLY ACTS THAT ARE DEFINED AS MUNICIPAL CODE VIOLATIONS UNDER
THIS ORDINANCE.
>> COUNCILMEMBER LIU: SO I WANT TO ALSO ASK A QUESTION BECAUSE I FEEL LIKE A LOT OF
PEOPLE ARE CONFUSING THIS BECAUSE COLLOQUIALLY IT'S BEEN CALLED A HOMELESS BAN
BUT THIS BAN LIKE YOU SAID IS MAINLY REGARDING CAMPING ON PROPERTY, RIGHT?
SO AIDING AND ABETTING HERE MEANS MAKE LIKE AIDING AND ABETTING CAMPING ON
PUBLIC PROPERTY.
HOMELESS -- I DON'T EVEN THINK IS -- IS A POINT THIS ORDINANCE, IS THAT CORRECT?
>> CTY. ATTNY. ALVARADO: THE ACT THAT IS DEFINED AS VIOLATIVE IS CAMPING ON PUBLIC
PROPERTY.
NOW IN PRACTICAL TERMS, THERE'S GOING TO BE A COMMUNITY OF PEOPLE THAT ARE
IMPACTED BY THAT DEFINITION, BUT IT'S THE CAMPING ACTIVITY ITSELF THAT IS DEFINED AS A
VIOLATION OF THE MUNICIPAL CODE.
>> MAYOR SALWAN: OKAY.
SO WE HAVE COUNCILMEMBER SHAO, PLEASE PRESS YOUR BUTTONS BEFORE SPEAKING.
>> CTY. ATTNY. ALVARADO: THROUGH THE MAYOR, I DO WANT TO MAKE A PROCEDURAL
CLARIFICATION.
THERE'S ALREADY BEEN A SUBSTITUTE MOTION ON THE FLOOR THAT FAILED AND THEN WE
WENT BACK TO YOUR ORIGINAL MOTION.
WE CANNOT HAVE ANOTHER SUBSTITUTE MOTION OF THE SAME ORIGINAL MOTION.
WHAT YOU CAN DO IS YOU CAN WITHDRAW THAT MOTION AND THEN ANOTHER MOTION
CAN BE PUT ON THE FLOOR.
>> MAYOR SALWAN: OKAY.
I WITHDRAW MY MOTION.
COUNCILMEMBER SHAO?
>> COUNCILMEMBER SHAO: THANK YOU.
I DON'T HAVE A BUTTON TO PUSH, BUT I RAISED MY HAPPENED.
SO I'D LIKE TO MAKE A MOTION SINCE THERE'S NO MOTION ON THE FLOOR.
THE MOTION IS TO ADOPT THE ORDINANCE AS IS.
>> MAYOR SALWAN: THANK YOU.
IS THERE A SECOND?
>> VICE MAYOR CAMPBELL: CAN I GET A CLARIFYING QUESTION BEFORE?
SINCE MAYOR WITHDREW HIS --
>> MAYOR SALWAN: SECOND?
AND THEN WE'LL DISCUSS.
IS THERE A SECOND?
>> VICE MAYOR CAMPBELL: BUT WE DIDN'T GET --
>> MAYOR SALWAN: NO, I'M RUNNING MEETING HERE.
>> VICE MAYOR CAMPBELL: I JUST WANT TO CLARIFY .
>> MAYOR SALWAN: LET ME GET THE SECOND AND THEN YOU CAN GET YOUR CLARIFICATION.
THAT'S HOW IT WORKS.
>> COUNCILMEMBER ZHANG: I SECOND.
>> MAYOR SALWAN: WE HAVE A MOTION BY COUNCILMEMBER SHAO, SECONDED BY
COUNCILMEMBER ZHANG.
NOW CLARIFYING QUESTIONS OR CONCERNS.
>> VICE MAYOR CAMPBELL: NO, I WAS SAYING, MAYOR, THAT YOU WITHDREW YOUR MOTION
BUT THE PERSON WHO SECONDED YOUR MOTION DIDN'T GET AN OPPORTUNITY TO
WITHDRAW THEIR SECOND.
DO WE HAVE TO DO THAT?
>> COUNCILMEMBER ZHANG: WHO'S THE SECOND?
>> CTY. ATTNY. ALVARADO: THAT'S A REALLY WONDERFUL PARLIAMENTARY PROCEDURE
QUESTION.
THERE'S ACTUALLY NO TECHNICAL REQUIREMENT THAT A PERSON THAT SECONDS THE
MOTION ACCEPTS THE WITHDRAWAL.
>> COUNCILMEMBER ZHANG: ALL RIGHT.
>> MAYOR SALWAN: THAT'S FINE.
OKAY.
ALL RIGHT.
AND THEN FOR THE BENEFIT OF THE PUBLIC, IF THERE'S A WAY WE CAN CAPTURE IN THE
MINUTES MR. ALVARADO'S EXPLANATION OF THE AIDING AND ABETTING SO THAT
EVERYBODY FEELS COMFORTABLE WHAT OUR INTENTION IS, IS THAT POSSIBLE, MADAM
CLERK?
>> MS. GAUTHIER: I WILL THOROUGHLY GO THROUGH THE STENOCAPTIONER'S NOTES WHEN
I RECEIVE IT TOMORROW FOR THE MINUTES.
>> MAYOR SALWAN: THANK YOU.
LET'S VOTE.
ROLL CALL.
>> MS. GAUTHIER: COUNCILMEMBER LIU, AYE.
COUNCILMEMBER ZHANG, AYE.
COUNCILMEMBER SHAO, AYE.
COUNCILMEMBER KIMBERLIN, AYE.
COUNCILMEMBER KENG, AYE.
VICE MAYOR CAMPBELL, NAY.
MAYOR SALWAN, AYE.
GREAT.
WELL, THE MOTION PASSES WITH SIX AYES AND ONE NAY, VICE MAYOR CAMPBELL.
SO WITH THAT, WE WANT TO THANK YOU ALL FOR COMING TONIGHT AND YOUR
ENGAGEMENT IN THIS VERY IMPORTANT DISCUSSION.
LET'S CONTINUE TO WORK TOGETHER.
EXCUSE ME.
LET'S CONTINUE TO WORK TOGETHER SO WE CAN HELP OUR UNHOUSED INDIVIDUALS.
THANK YOU.
HAVE A GOOD EVENING.
[MEETING ADJOURNED AT 11:54 P.M.]