19:53:21 , THEY HAVE A LYFT 19:53:21 PROGRAM SO THAT EMPLOYEES THAT DO TAKE 19:53:22 THEIR BICYCLES OR WHATEVER LATE AT NIGHT ON A SHIFT 19:53:25 , THEY ACTUALLY PAY FOR THEM TO TAKE THE LYFT 19:53:28 HOME. HOWEVER, THEY 19:53:32 ALSO PROVIDE TO 19:53:35 THEIR ASSOCIATES, WITHOUT THE TRANSPORTATION 19:53:39 MANAGEMENT PLAN, OR THE $ 19:53:42 20, THEY TAKE FOR BUS FARES 19:53:46 PAY FOR BUS FARE 19:53:49 S, SUBWAYS, OFFICERIES AND 19:53:52 FERRIES 19:53:56 , CARPOOL FEES, MONTHLY PARKING LOT FEES, WHEN YOU 19:53:59 ARE IN THE ACTUAL SAN FRANCISCO OR 19:54:03 , YOU KNOW, SEATTLE, YOU KNOW, YOU GOT TO PAY FOR PARKING 19:54:06 . THEY ACTUALLY PROVIDE THAT FOR THEM. 19:54:10 THEY ALSO HAVE INCENTIVES 19:54:13 , OTHER INCENTIVES YOU KNOW WHAT THEY DON'T PAY 19:54:16 FOR TAXIS, BRIDGE 19:54:19 TOLLS, AND OTHER COST 19:54:24 , AND ASSOCIATED 19:54:28 WITH PROBABLY MORE OF A TAXABLE ITEM 19:54:32 . REGARDING 19:54:37 THE VMT, OBVIOUSLY WE WENT THROUGH PROCESS AND 19:54:40 THOSE NUMBERS CAME UP, ONE THING THAT I'LL 19:54:43 JUST LEAVE YOU WITH, BECAUSE 19:54:47 I HAVEN'T TOUCHED THE SUBJECT IN PROBABLY CLOSE 19:54:50 TO 18 MONTHS OR MORE 19:54:54 , HOWEVER, 19:55:02 REGARDING A DRIVE THROUGH AND GREENHOUSE GASES 19:55:05 AS COMMISSIONER McDONALD WAS TALKING ABOUT, A DRIVE- 19:55:09 THROUGH PRODUCES LESS 19:55:12 EMISSIONS THAN SOMEBODY COMING, TURNING THEIR 19:55:15 CAR OFF, GOING IN AND GETTING COFFEE, 19:55:18 AND THEN COMING BACK OUT AND STARTING THEIR CAR 19:55:23 . AND HOW THAT, HOW COULD THAT 19:55:26 BE? WELL, IT'S RELATED TO THE CATALYTIC 19:55:30 CONVERTER. IF IT 19:55:34 COOLS 19:55:37 DOWN THAT MUCH, JUST THE RESTART OF THE CAR PRODUCES MORE 19:55:40 EMISSIONS THAN GOING THROUGH A DRIVE THROUGH WHEN THE 19:55:43 HEAT IS STILL FUNCTIONING. IT'S KIND OF LIKE 19:55:47 A DIESEL YOU KNOW LIKE NOW THEY 19:55:51 USE DIF 19:55:54 F FOR DIESEL BUT ANOTHER WAY 19:55:57 TO TAKE EMISSIONS AWAY FROM DIESEL IS 19:56:00 TO HEAT THE EXHAUST. IN CASES OF 19:56:03 LARGE GENERATORS WITH THE AIR QUALITY DISTRICT YOU CAN'T GO 19:56:07 OUT THERE AND PUT DIFF IN IT AND MANAGE 19:56:10 IT. THERE ARE ACTUALLY HEATERS THAT ACTUALLY TAKE E 19:56:13 MISSIONS AWAY. SO CORRELATING BACK TO 19:56:16 CATALYTIC CONVERTER. SO AGAIN JUST FOOD FOR THOUGHT 19:56:20 , YOU KNOW, THINKING IN THE FUTURE 19:56:23 FUTURE, OUR FIRM ALSO DOES 19:56:27 THE HYDROGEN FUEL CELLS THROUGHOUT 19:56:30 THE STATE OF CALIFORNIA. GAS STATIONS, THAT IS 19:56:33 . YOU KNOW, ALONG 19:56:37 WITH THE GRANT FROM THE FEDS AND THE EPA, 19:56:40 AND YOU KNOW, WE HAVE HUNDREDS OF THEM. AND SO THINGS 19:56:43 ARE CHANGING. YOU KNOW, WITH ELECTRIC 19:56:46 CARS AND HYDROGEN. SO YOU KNOW, THE DAY 19:56:50 IS COMING, AND IT'S A STEP BY STEP TO 19:56:53 GET THERE. AND NOT 19:56:56 A SHOCK AND AWE OF HAPPENING ONE 19:57:01 DAY. SO STARBUCKS IS YOU KNOW THE LEADING EDGE WHEN 19:57:04 IT COMES TO THESE CONCERNS, YOU KNOW, THEY ALREADY 19:57:08 HAD THEIR TPM PLAN 19:57:11 IN PLACE, THAT THEY USE AS A CORPORATION 19:57:15 . WE DO HAVE THE 19:57:18 CROSS-ACCESS AND THERE WAS A LOT OF 19:57:22 BACK AND FORTH, THE PLAN THAT'S BEFORE YOU TONIGHT, 19:57:25 CHANGED OVER THE COURSE OF 19:57:28 TIME TO BRING FORWARD THIS PLAN WITH 19:57:32 THE DRIVE-THROUGH STACKING THAT 19:57:35 IS SUPERIOR ON THIS SITE. WITH THAT, IF 19:57:38 THERE'S ANY QUESTIONS I'LL BE HAPPY TO ANSWER THEM 19:57:42 . >> Commissioner Daulton: BEFORE WE DO THAT I WOULD LIKE TO ASK 19:57:45 TRISH IF SHE HAS ANY PUBLIC SPEAKERS ON THIS ITEM 19:57:49 . >> CHAIRPERSON, WE DO NOT HAVE ANY 19:57:52 SPEAKERS. THANK YOU. >> Commissioner Daulton: OKAY, THANK 19:57:55 YOU. IN THAT CASE, YES, WE COULD OPEN 19:57:59 QUESTIONS FOR THE APPLICANT FROM THE COMMISSION. DO WE HAVE 19:58:02 ANY QUESTIONS FOR APPLICANT 19:58:05 ? 19:58:10 NOTHING, ALL RIGHT. WOULD YOU LIKE TO GIVE US ANY CLOSE 19:58:14 ING REMARKS SIR? >> NO, I -- WELL 19:58:17 IN CLOSING, THE HARD WORK WITH THE STAFF 19:58:20 HAS BEEN EXCEPTIONAL. AND WE GREATLY APPRECIATE 19:58:25 THEIR SUPPORT. MARC WAS ALWAYS THERE 19:58:29 . IT'S VERY -- IT'S NOT VERY OFTEN THAT YOU COULD E-MAIL 19:58:32 A PLANNER AND GET AN ANSWER BACK 19:58:35 WITHIN THE SAME DAY, IF NOT THE NEXT MORNING 19:58:39 . SO KUDOS TO YOU MARC. 19:58:42 >> Commissioner Daulton: OKAY, KATHY DID I SEE YOUR HAND UP? 19:58:45 >> Commissioner McDonald: SORRY COMMISSIONER DAULTON. 19:58:48 IT'S TAKING ME A WHILE. MY SCREEN IS BLOCKING OUT MY 19:58:51 RAISED HAND SO I'M TRYING TO DO IT MANUALLY 19:58:54 . I'M SORRY. >> Commissioner Daulton: GO AHEAD 19:58:57 . >> Commissioner McDonald: MR. MOMMER THANK YOU. 19:59:01 I UNDERSTAND STARBUCKS HAS ALWAYS BEEN A LEADING EDGE 19:59:04 COMPANY FOR ENVIRONMENTALLY FRIENDLY 19:59:08 ACTIVITIES AND SUPPORTING PROGRESSIVE 19:59:11 PROJECTS. SO WITH THAT IN MIND, AND 19:59:15 KNOWING HOW MUCH MONEY AND TIME AND 19:59:18 INFRASTRUCTURE FREMONT HAS INVESTED INTO OUR 19:59:22 BIKE TRAILS AND OUR BIKE ROUTES AND 19:59:26 OUR ALTERNATE MODES OF TRANSPORTATION 19:59:30 , AND KNOWING 19:59:33 THAT 19:59:37 YES THERE IS ANNAL IMPACT FOR THESE TD 19:59:41 M MEASURES IF THERE ARE DOLLARS, DO 19:59:44 YOU KNOW THAT WE HAVE A HOPPER PROGRAM IN THE CITY OF FREMONT? 19:59:47 >> NO. >> Commissioner McDonald: WE HAVE A 19:59:50 BIKE SHARE PROGRAM THAT YOU CAN ENROLL IN FOR $60 A YEAR. AND 19:59:53 I THINK THAT'S A DOLLAR A MINUTE AFTERWARDS. SO IT'S 19:59:56 A PRETTY AFFORDABLE PROGRAM AND IT PROVIDES 20:00:00 ALTERNATE TRANSPORTATION OPTIONS. SO IF YOU 20:00:03 COULD ENROLL YOUR EMPLOYEES IN A PROGRAM LIKE THAT, WHICH 20:00:06 ONLY COSTS $60 A YEAR PER EMPLOYEE 20:00:54 >> Commissioner McDonald: I'M SORRY, DID I JUST KICK THAT OFF 20:00:57 ? >> THERE WE GO. >> Planner Pullen: I DID TOO. 20:01:00 IT MUST HAVE BEEN A SYSTEM THING. I THINK WE'RE ALL COMING 20:01:03 BACK. >> I DON'T KNOW WHAT HAPPENED. THIS IS TRISH. 20:01:06 THAT WAS REALLY STRANGE. MY CONNECTION IS PERFECT 20:01:10 SO I DON'T KNOW WHAT'S GOING ON. >> I 20:01:13 THINK IT HAD TO DO WITH THE BICYCLES BUT I DON'T KNOW. >> Planner Pullen: 20:01:16 EVERYONE IS HERE EXCEPT DANIEL. DID YOU HEAR THE QUESTION 20:01:19 MR. MOMMER? >> I DID, AND I COULD 20:01:23 NOT ANSWER THAT. THAT'S A 20:01:26 CORPORATE DECISION THAT GOES 20:01:30 INTO DIFFERENT -- YOU KNOW, YOU'RE TALK 20:01:34 ING BOOK WORK AND WHATNOT FOR 20:01:37 A CORPORATION FOR AN ISOLATED STORE. SO I KNOW I 20:01:40 COULD NOT ANSWER THAT 20:01:43 TONIGHT. YOU KNOW AS I LOOK AT THEIR PROGRAM, YOU KNOW, IT'S 20:01:47 NOT THERE, OF PROVIDING FUNDING 20:01:50 FOR BICYCLE PER EMPLOYEE. IF IT 20:01:54 WAS THERE I COULD SAY YES. >> Commissioner McDonald: IT'S A BIKE SHARE 20:01:57 PROGRAM. >> BIKE SHARE. >> Commissioner McDonald: IT 20:02:01 WOULD BE ENROLLMENT INTO A BIKE SHARE PROGRAM. YOU GET TO 20:02:04 PICK UP A BICYCLE ANYWHERE IN THEIR 20:02:07 STATION, UNLOCK IT USING 20:02:11 THEIR MEMBERSHIP AND YOU CAN RIDE THE BIKE TO 20:02:14 WORK AND HOME AND IT GETS 20:02:17 PICKED UP. IT ALLOWS THEM TO GO THAT LAST 20:02:20 MILE. I'M LOOKING FOR WAYS TO MAKE 20:02:23 THIS TDM SOMEWHAT 20:02:26 MORE ATTRACTIVE THAN A $20 NERVE 20:02:29 THAT MIGHT NOT GET THEM TO WORK MORE THAN TWO OR THREE DAYS 20:02:32 A WEEK. >> BUT MAYBE YOU MISSED IT. AS A 20:02:36 CORPORATION, THEY'RE ALREADY GOING 20:02:39 ABOVE THE $20 AND 20:02:43 THEY'LL PLAY THE 20:02:46 EMPLOYEES SUBWAY, BART, TRAIN 20:02:49 . >> Commissioner McDonald: SO THEY SUBSIDIZE ALL PUBLIC TRANSPORTATION 20:02:52 IS THAT WHAT YOU'RE TRYING TO SAY ALREADY? >> YES, IT 20:02:56 SAYS BUS TRAIN SUBWAY 20:02:59 FERRY, TRANSIT VEHICLES AND 20:03:02 STREETCAR FARES. 20:03:06 >> Commissioner McDonald: OKAY. I DID NOT SEE THAT 20:03:09 IN THE PACKAGE. SO IT'S 20:03:14 -- IF THAT'S ACTUALLY THE CASE 20:03:17 , WHERE THE EMPLOYER PAYS TRANSPORTATION COST 20:03:20 , PUBLIC TRANSPORTATION COST 20:03:24 , THEN I MEAN 20:03:27 I'M OKAY WITH THE TDM. 20:03:35 >> Commissioner Daulton: ALL RIGHT, ANY OTHER QUESTIONS FOR APPLICANT? IF NOT I'D 20:03:39 LIKE TO CLOSE THE PUBLIC PART OF THIS HEARING AND BRING IT 20:03:42 BACK TO QUESTIONS FOR STAFF. 20:03:46 ANY, COMMISSIONERS, HAVE A QUESTION FOR STAFF 20:03:50 ? I KNOW SOMEBODY MUST. >> Commissioner McDonald: 20:03:53 DO I. THANK YOU. GOING 20:03:56 BACK TO MARC. I DID NOT 20:04:00 SEE THAT THE 20:04:04 EMPLOYER 20:04:08 PAYS PUBLIC TRANSPORTATION COST FOR THEIR EMPLOYEES 20:04:12 IN THE PACKET. CAN WE MAKE THAT A CONDITION? >> I 20:04:15 MEAN THAT'S A CORPORATE POLICY. I WOULD DEFER TO HEATHER 20:04:19 WHETHER WE COULD PUT THAT AS A CONDITION BUT THAT'S SEPARATE FOR 20:04:22 US. THEY ALSO HAVE A PROGRAM FOR PRETAX 20:04:25 DOLLARS BEING SET ASIDE FOR 20:04:28 TRANSPORTATIONING AS WELL, THAT'S AT A 20:04:32 CORPORATE LEVEL. I'M NOT SURE WE CAN PUT THAT 20:04:35 AS A CONDITION OF APPROVAL. >> I THINK YOU WOULD 20:04:39 MIGHT WAK WANT TO ASK THE APPLICANT IF THAT IS SOMETHING THEY WOULD AGREE 20:04:42 TO. >> Commissioner Daulton: SHE DID. 20:04:45 >> SO WHAT COSH 20:04:49 COULD BE AGREED TO IS STARBUCKS WOULD 20:04:52 PROVIDE TRANSPORTATION FUNDING IN ACCORDANCE TO 20:04:56 THEIR -- THEIR, WHAT DO THEY CALL IT 20:05:00 , COMMUTER BENEFIT 20:05:03 PROGRAM, THEIR CORPORATE COMMUTER 20:05:06 BENEFIT PROGRAM. >> Commissioner McDonald: MR. MOM 20:05:09 MER MARC JUST SAID THAT THEY PROVIDE A 20:05:13 PRE-TAX DOLLAR ACCOUNT FOR TRANSPORTATION. 20:05:18 SO IT'S THE EMPLOYEE'S DOLLARS. IS THAT CORRECT 20:05:22 ? >> IT -- 20:05:25 I DON'T KNOW ABOUT THAT. WHAT I SET HERE, 20:05:28 IT SAYS HERE 20:05:32 , WHAT ITEMS, WHAT EXPENSES ARE ELIGIBLE AND IT 20:05:35 SAYS IRS REGULATIONS ALLOW THE FOLLOWING WORK RELATE 20:05:39 ED TRANSPORTATION EXPENSES TO BE COVERED. 20:05:43 AND THEN IT LISTS OUT -- >> Commissioner McDonald: BUT 20:05:46 ELIGIBLE FOR WHAT IS THE QUESTION AND ACCORDING TO MARC 20:05:49 IT WAS A PRE-TAX ACCOUNT 20:05:52 . >> Commissioner Daulton: COMMISSIONER, CAN I STOP YOU 20:05:55 FOR A MOMENT? WE HAVE CLOSED THE PUBLIC HEARING 20:05:59 SO MR. MOMMER IS NO LONGER AVAILABLE 20:06:02 . DIRECT YOUR QUESTIONS TO MARC OR JOEL SEE 20:06:05 HOW WE DO. >> Commissioner McDonald: GOING BACK TO MARC, MARC YOU 20:06:09 SAID THE EMPLOYER PROVIDES A PRETAX SPENDING 20:06:12 ACCOUNT FOR TRANSPORTATION. >> AND THIS IS SOMETHING I'VE 20:06:15 JUST GOT FROM JOEL THAT LOOKS LIKE WE GOOGLED 20:06:18 REAL QUICK SO I DON'T WANT TO SPEAK WITH 100% AUTHORITY LIKE 20:06:21 I KNOW WHAT WE'RE DOING. AGAIN A LOT OF THIS IS CORPORATE 20:06:25 POLICY OF STARBUCKS THAT YOU'RE ASKING ME ABOUT SO LET ME 20:06:28 READ EXACTLY WHAT IT SAYS BEFORE I ANSWER. 20:06:36 >> Planner Pullen: AND I WANT TO REITERATE BACK 20:06:39 TO WHERE WE WERE WITH THE ENVIRONMENTAL ANALYSIS. WE ARE TALKING ABOUT 20:06:42 A VERY SMALL AMOUNT OF DIFFERENCE GIVEN THE 20:06:46 OVERALL THRESHOLD AMOUNT. SO I THINK 20:06:49 THE NUMBERS YOU SAW BEFORE WERE 15.7 AND 16 20:06:52 .6 AND 15.4. THESE ARE IF YOU LOOK AT 20:06:56 A 50,000 SQUARE FOOT RETAIL BUILDING THE NUMBERS 20:06:59 WOULD BE MUCH LARGER AND THAT WOULD FALL UNDERNEATH 20:07:02 THE THRESHOLD. WHAT WE DID WITH TRANSPORTATION WAS TO MAKE 20:07:06 SURE THAT IT WAS 20:07:09 A LESSER NUMBER, THAT WAS 20:07:13 NOT SOMETHING THAT WAS GOING TO CAUSE A PROBLEM WITH RESPECT 20:07:17 TO THE COMPARISON OF THE 20:07:20 THRESHOLD AND VERSUS 20:07:23 A NON, YOU KNOW, 20:07:26 ANOTHER TYPE OF BUILDING THAT WOULD CLEARLY FALL WITHIN THE 20:07:30 THRESHOLD. AND THE REASON IT'S VOLUNTARY IS BECAUSE IT'S SUCH 20:07:33 A SMALL NUMBER AND IN THE OPINION OF THE 20:07:36 TRANSPORTATION FOLKS, 20:07:42 WHO DO THIS ON A REGULAR BASIS, MEETS 20:07:45 THE STANDARD. REQUIRING SOMETHING ELSE, YOU KNOW IT IS TRUE 20:07:48 , AS HEATHER 20:07:51 SAID, SOME CONDITION IF YOU WERE TO 20:07:54 WANT TO PROPOSE IT, IT WOULD NEED TO BE ACCEPTED BY THE APPLICANT IN 20:07:57 ORDER TO MAKE IT VIABLE, AND I 20:08:01 THINK YOU'VE HEARD FROM THE APPLICANT THAT THEY DEVELOPED THE SITE 20:08:04 AND THEN THERE'S AN OWNER WHO THEN LEASES IT 20:08:24 TO STARBUCKS. SO WE'RE KIND EVER GOING -- THERE IS 20:08:27 A THIRD FATHER WHO IS NOT AT THE TABLE THAT WOULD 20:08:30 BE THE BENEFICIARY OF WHATEVER REQUIREMENT 20:08:33 YOU WOULD PUT ON THIS WE DON'T KNOW IF ULTIMATELY THEY COULD 20:08:36 COMPLY WITH IT. STAFF WOULD STRONGLY RECOMMEND THE 20:08:39 STAFF PROPOSAL, RECOMMENDATION. 20:08:50 >> Commissioner Daulton: KATHY ANY FURTHER QUESTIONS FOR STAFF? >> Commissioner McDonald: THE REASON 20:08:53 I'M GOING DOWN THIS LINE IS WE HAVE NOT HAD MUCH OPPORTUNITY TO 20:08:56 REALLY LOOK AT, YOU KNOW, THE NEW TD 20:09:00 M. AND ALL THESE CHANGES THAT ARE COMING DOWN THE PIKE 20:09:03 . AND I THINK THAT YOU KNOW, 20:09:06 THIS IS AN OPPORTUNITY TO 20:09:10 ADDRESS HOW WE'RE GOING TO BE LOOKING AT THIS TD 20:09:13 M THING MOVING FORWARD. AND I'M JUST 20:09:16 CONCERNED THAT WHEN WE -- YOU KNOW, AS MINOR AS IT IS 20:09:21 , LEAVING EVERYTHING UP TO THE 20:09:25 WILL OF WHICHEVER 20:09:28 EMPLOYEES MIGHT BE COME DOWN THE PIKE. AND 20:09:31 COMING DOWN THE PIKE 20:09:34 AND HOWEVER THEY MIGHT BE 20:09:39 INCENTIVIZED BY THIS $20 INCENTIVE. 20:09:42 I DON'T THINK IT'S AN EFFECTIVE INCENTIVE TO GET PEOPLE OUT OF THEIR 20:09:45 CARS. AND I GUESS 20:09:48 WHAT I'M SAYING IS, AS WE MOVE FORWARD, THESE TD 20:09:52 Ms HAVE TO BECOME MORE OF 20:09:55 AN ACTUAL INCENTIVE, TO CREATE 20:09:59 THE OUTCOME THAT WE WANT. 20:10:02 AND NOT JUST SOMETHING 20:10:05 THAT TICKS A BOX. 20:10:17 AND THAT'S WHERE I'LL STAND FOR TODAY. >> Commissioner Daulton: ANY 20:10:20 OTHER QUESTIONS FROM COMMISSIONERS? I HAVE A QUESTION. YES 20:10:24 , COMMISSIONER DAULTON. YOU'VE SAID SEVERAL TIMES NOW 20:10:27 THAT THESE TWO PERCENTAGE POINTS OR 20:10:31 TWO 10th OF A PERCENT THAT WE'RE LOOKING 20:10:34 AT HERE FROM 15 MUCH 7 20:10:37 TO 15.4 IS A VERY 20:10:40 MINOR NUMBER. LIKE IF YOU COULD 20:10:43 GET ONE OF YOUR EMPLOYEES TO RIDE A BIKE 20:10:48 TO THE JOB, TEN MILES, 20:10:51 ONCE EVERY TWO WEEKS, YOU'D PROBABLY BE UNDER THE LIMIT 20:10:54 . SOMETHING LIKE THAT, RIGHT? WE'RE TALKING ABOUT A AFFIRM 20:11:01 FAIRLY SMALL OPERATION HERE. SO THE LARGER QUESTION -- I DON'T 20:11:04 REALLY HAVE A PROBLEM WITH THE IDEA THAT SIMPLY HAVING THE TRANSPORTATION 20:11:08 MANAGER INVOLVED IS MITIGATION. OKAY 20:11:11 ? I UNDERSTAND THAT IDEA, ALTHOUGH I -- IT IS A 20:11:14 LITTLE BIT FUZZY. 20:11:19 THE REAM QUESTION THOUGH IS, IF WE'RE NOT GOING TO FULLY 20:11:22 LOOK FOR ENFORCEMENT OF THAT SMALL AMOUNT, THEN ARE WE CHASE 20:11:25 ING PROBLEMS LATER ON? ARE WE GOING TO 20:11:29 CAUSE OURSELVES PROBLEMS LATER ON WHEN SOMEBODY COULD SAY WELL 20:11:32 , YOU KNOW, YOU LET THAT 3 20:11:35 /10 OF A PERCENT GO OVER HERE AND YOU 20:11:39 LET 4/10 OF 20:11:42 A PERCENT GO 20:11:45 HERE, IT LOOSENS UP 20:11:48 OUR ORDINANCE. IS THAT WHAT WE WANT TO DO? 20:11:59 >> Planner Pullen: I STARTED TALKING ON NOOUT. TO THE 20:12:03 EXTENT WE HAVE MANDATORY VERSUS VOLUNTARY, 20:12:06 WE USE VOLUNTARY MEASURES, ARE WE CHECKING BACK IN, ARE 20:12:10 WE SEEING HOW THEY'RE WORKING, ARE WE REALLY GETTING AN UNDERSTAND 20:12:13 ING? I THINK THERE IS A WAY TO 20:12:17 DO THAT AND I THINK IT MIGHT BE 20:12:20 A GOOD METHOD OF ACHIEVING THAT 20:12:23 . AND, YOU KNOW, I HAVEN'T RAISED THIS 20:12:26 TO THE APPLICANT. IN THE PAST WE USED TO DO 20:12:29 USE PERMIT REVIEWS AND THINGS LIKE THAT. I DON'T WANT TO SEND 20:12:32 THIS BACK TO THE COMMISSION BUT I THINK WE COULD REQUEST THE 20:12:36 APPLICANT TO PROVIDE AFTER THE FIRST YEAR THEY'RE IN OPERATION OR 20:12:39 SOMETHING LIKE THAT, A SUMMARY OF 20:12:42 THE OUTCOME OF THOSE VOLUNTARY COMMUTER 20:12:45 MEASURES. AND THAT WOULD 20:12:48 INCLUDE, YOU KNOW, HOW PEOPLE ARE GETTING TO WORK ON A 20:12:51 REGULAR BASIS, IT MIGHT INCLUDE WHAT KIND OF BENEFITS THEY PROVIDED 20:12:55 . AND IT WOULDN'T BE A -- IT WOULDN'T BE A 20:12:58 CHECK BOX IN THE SENSE THAT MAYBE THEY HAD A T 20:13:01 DM PERSON ON STAFF AND MAYBE THEY DID 20:13:04 A GOOD JOB OR MAYBE THEY DIDN'T. IT WOULD BE MORE 20:13:07 OF A HERE IS HOW THIS WORKED YOU KNOW CITY 20:13:11 AND WE COULD TRANSMIT THAT TO YOU AND LET YOU KNOW AND 20:13:14 THAT COULD BE SOMETHING YOU COULD KEEP IN MIND FOR FUTURE SUCH APPLICATIONS 20:13:17 . >> Commissioner Daulton: THAT WAS MY NEXT QUESTION WAS HOW IS THIS ENFORCE 20:13:20 ED DOWN THE ROAD. BUT WHAT YOU'RE SAYING IS, WE 20:13:23 COULD ASK FOR FEEDBACK AFTER A YEAR 20:13:27 AROUND THEN IF THAT 20:13:31 VMT WERE STILL NOT BEING MET THEN WHERE DO WE GO 20:13:35 ? >> Planner Pullen: I RECOMMEND IT BE 20:13:38 SELF-POLICING. IN YOUR 20:13:41 USE PERMIT, YOU HAVE A CONDITION OF 20:13:45 APPROVAL, MARC MAY BE ABLE TO PULL IT UP AND READ IT, 20:13:48 THAT SAYS THE APPLICANT SHALL COMPLY WITH ALL CONDITIONS, ON 20:13:52 AN ONGOING BASIS, ET CETERA. 20:13:55 IT WOULD BE VERY DIFFICULT TO REACH INTO A VOLUNTARY PROGRAM LIKE 20:13:58 THAT AND RISE TO A LEVEL OF A REVOCATION OF A 20:14:01 USE PERMIT. BUT I THINK IT COULD BE SELF POLICING IN THE SENSE 20:14:04 THAT IF THEY KNOW THEY'RE GOING TO HAVE TO PROVIDE 20:14:07 THAT INFORMATION, THEY'RE GOING TO ENCOURAGE PEOPLE THE 20:14:10 TAKE ADVANTAGE OF THOSE COMMUTER BENEFITS MORE. 20:14:14 THEY'RE GOING TO ENCOURAGE PEOPLE TO NOTE WHEN THEY HAVE 20:14:17 AND THAT MIGHT IN ITSELF CREATE MORE COMPLIANCE 20:14:20 . JUST A THOUGHT. I DON'T THINK I WANT TO BRING THIS 20:14:23 INTO -- BACK TO THE COMMISSION BECAUSE WE'VE GOT A LOT OF 20:14:26 BUSINESS COMING IN. LOT OF PEOPLE DOING THESE THINGS. AND 20:14:30 IT'S FORTUNATE BUT THIS IN ITSELF IS NOT GOING TO BE 20:14:34 A -- AN ITEM WE WANT TO BRING BACK TO A 20:14:38 COMMISSION OVER AND OVER AND OVER FOR BUSINESSES. WE JUST DON'T HAVE 20:14:41 THE CAPACITY TO DO THAT. 20:14:45 >> Commissioner Daulton: KATHY DO YOU HAVE ANOTHER QUESTION? 20:14:48 COMMISSIONER McDONALD. >> Commissioner McDonald: YES, SORRY 20:14:51 . SO JOEL. I GUESS 20:14:54 MY ISSUE HERE IS THAT IT IS ALL SELF- 20:14:57 POLICED, SELF 20:15:05 -- THEY'RE ENCOURAGED BUT THERE IS NO CONSEQUENCE. 20:15:08 THERE IS 20:15:11 ABSOLUTELY NO CONSEQUENCE IN THIS TDM FOR NON 20:15:14 NONPERFORMANCE. AND WE HAVE NO RECOURSE TO 20:15:17 DO ANYTHING ONCE WE MOVE FORWARD WITH THIS. IS THERE 20:15:21 A WAY THAT THEY CAN BE 20:15:24 REVIEWED BY THE CITY? THAT 20:15:28 A RECORD IS FILED AND IF THEY 20:15:31 DON'T MEET SOME MINIMUM GUIDELINE 20:15:36 , THAT THERE IS SOME CONSEQUENCE 20:15:40 ? >> Planner Pullen: AND I'M HEARING THIS DISCUSSION IN 20:15:43 THE FRAME OF, A STARBUCKS. BUT I 20:15:46 THINK YOU MAY BE THINKING OF IT AS A LARGER 20:15:49 , WELL, WHAT IF THIS WERE, YOU KNOW, A 20:15:53 NEW MANUFACTURER OR SOMETHING LIKE THAT, HOW WOULD WE ADDRESS IT 20:15:57 ? AND I CAN RESPECT THAT KIND OF LINE OF 20:16:00 THINKING AND I UNDERSTAND THAT LINE OF THINKING. I DON'T THINK THIS IS THE 20:16:03 USE TO TRY THAT ON IN TERMS OF 20:16:07 TAKING THE VOLUNTARY MEASURE THAT TRANSPORTATION 20:16:10 THINKS IS SUFFICIENT. AND TO HAVE THIS 20:16:13 BE THE ONE WHERE WE ARE GOING TO TURN IT INTO 20:16:16 A KIND OF A CODE ENFORCEMENT OF 20:16:20 THEIR TRANSPORTATION MEASURES. WE DON'T HAVE THE CAPACITY 20:16:23 TO DO THAT. WE PUT THE MEASURES IN 20:16:26 PLACE. THEY DO THEM ON A VOLUNTARY BASIS 20:16:30 . BUSINESSES DIFFER. SOME THINGS MAY BE 20:16:33 SUCCESSFUL WITH CERTAIN WORKFORCES THAN OTHERS, AND I 20:16:36 THINK THAT'S BEST LEFT TO THE PLIBT 20:16:39 APPLICANT. THEY CAN COME BACK TO OUR 20:16:42 TRANSPORTATION ENGINEERS AND PROPOSE DIFFERENT THINGS 20:16:45 OR BOUNCE IDEAS OFF. WE DON'T HAVE SOMEONE WHO'S CHECKING UP 20:16:49 ON THESE THINGS AND I DON'T THINK WE HAVE THE FRAMEWORK OR THE STAFFING TO 20:16:52 HAVE SOMEONE WHO IS CHECKING UP ON ALL THESE PROGRAMS. IT'S 20:16:55 SOMETHING THAT WE WANT THEM TO DO. AND I THINK 20:16:59 THAT A REPORT WOULD DO THAT IN A WAY THAT'S 20:17:02 NOT INTENSIVE FOR CITY FROM A 20:17:05 STAFFING STANDPOINT. 20:17:09 >> Commissioner McDonald: OKAY, I'M JUST, YOU KNOW, I'M LOOKING AT 20:17:13 THIS DRIVE-THROUGH AND, GRANTED, WHAT IS IT 20:17:16 , ONE IN SEVEN OR ONE IN 13 20:17:19 CARS ARE ELECTRIC, AND 20:17:23 THAT POTENTIALLY, 20:17:26 THERE -- I THOUGHT IDLING CARS AS FAR AS I 20:17:29 REMEMBER HEARING FROM BEFORE EMIT HIGHER 20:17:32 EMISSIONS THAN STOPPING AND STARTING. BUT YOU 20:17:35 KNOW WHATEVER THE APPLICANT 20:17:38 SUGGESTS. WE STILL HAVE A LOT OF CARS COMING IN TO 20:17:42 GET COFFEES. AND I THINK 20:17:45 THAT, YOU KNOW, AS MUCH AS WE WANT TO BELIEVE 20:17:49 THAT ALL OUR CARS ARE GOING TO 20:17:52 GO ELECTRIC IN THE NEAR FUTURE, I THINK 20:17:55 THERE IS, IF WE LISTEN TO OUR SUSTAIN 20:18:00 ABILITY COMMISSION, 20:18:03 AS MUCH AS WE WANT TO GET THESE HIGH GH 20:18:07 G VEHICLES OFF THE ROAD THERE IS GOING TO BE A CERTAIN PERCENTAGE THAT 20:18:10 WE DON'T GET OFF THE ROAD. 20:18:13 AND, YOU KNOW, A DRIVE- 20:18:17 THROUGH DRAWS THOSE 20:18:21 EXTRA VEHICLES TO STOP AND TO SWING 20:18:24 THROUGH THIS AREA. WHICH IS ALREADY 20:18:27 AS WE DISCUSSED HIGH 20:18:30 LY 20:18:33 CONGESTED. I JUST WANT TO PUT SOMETHING 20:18:37 INTO PLACE THAT IS MORE OF A GUARANTEE THAN THIS 20:18:40 HIGHLY VOLUNTARY PROGRAM. SO THAT'S, YOU 20:18:43 KNOW, ALL I'LL SAY ON THAT SUBJECT. THANK YOU. 20:18:47 >> Commissioner Daulton: ANY OTHER QUESTIONS FOR STAFF ON THIS? 20:18:52 CAN I GET A MOTION? 20:18:58 >> Commissioner Liu: I MOVE TO ACCEPT THE STAFF'S RECOMMENDATION 20:19:02 AS-IS. >> Commissioner Steckler: I SECOND 20:19:05 . >> Commissioner Daulton: I WOULD, IF I COULD I WOULD OFFER A FRIENDLY 20:19:08 AMENDMENT FOR A REPORT FROM THE APPLICANT 20:19:12 REGARDING THEIR MITIGATION EFFORTS FOR 20:19:16 THE VMT IN A YEAR, BACK TO THE 20:19:19 COMMISSION. IS THAT ACCEPTABLE? 20:19:23 CHARLES? 20:19:26 >> Commissioner Liu: WELL, I THINK ON THE SMALL -- I MEAN 20:19:30 THIS IS CERTAINLY A RELATIVELY 20:19:33 SMALL OPERATION. I HAVE, IN THIS LOCATION I 20:19:37 FEEL THAT MANY OTHER SIMILAR OPERATIONS 20:19:41 WOULD BE FOR THOSE SMALL BUSINESSES, AND I 20:19:44 CERTAINLY THINK THAT SMALL BUSINESSES 20:19:47 , OUR LIVES ARE ALREADY HARD ENOUGH AND WE 20:19:51 SHOULD MAKE IT EASY FOR THEM TO SET 20:19:55 UP SHOP IN FREMONT. AND SMALL BUSINESSES SHOULD BE EXEMPT FROM 20:19:58 BEING REQUIRED TO SUBSIDIZE FOR THEIR EMPLOYEES 20:20:01 TO TAKE TRANSIT. I THINK FOR 20:20:04 BIG PLAYERS LIKE TESLAS OF THE WORLD 20:20:07 IT MAKES ALL THE SENSE BECAUSE THEY HAVE THE MEANS TO DO 20:20:11 SO. AND WE JUST NEED TO MAKE IT FRIENDLY 20:20:14 FOR SMALL BUSINESSES 20:20:18 AN UPSHOT. >> Commissioner Daulton: I DO TEND TO AGREE WITH THAT 20:20:21 . I OFFER THE AMENDMENT JUST IN CASE WE GOOD 20:20:24 GET AT SOME POINT LARGER ISSUES LIKE THIS 20:20:27 COME BACK TO US. I WORRY THAT WE WON'T BE ALLOWED TO DO 20:20:30 IT LATER IF WE LET IT GO HERE. 20:20:34 BUT I DO UNDERSTAND YOUR RETICENCE TO 20:20:37 PUT THAT ON THIS APPLICANT. SO WE HAVE A MOTION AND 20:20:40 SECOND. JOEL 20:20:43 . >> Planner Pullen: 20:20:46 WHEN I CALL YOUR NAME ON THE MOTION TO APPROVE 20:20:49 STAFF RECOMMENDATION, PLEASE STATE YOUR VOTE. 20:20:52 CHAIR YEE AND VICE CHAIR RAO AS NOTED ARE 20:20:56 ABSENT. STARTING WITH CHAIR DAULTON 20:20:59 . >> Commissioner McDonald: BEFORE WE VOTE CAN WE JUST HAVE A 20:21:03 CLARIFICATION ON THE MOTION? WAS THE AMENDMENT REJECTED? 20:21:04 >> Commissioner Daulton: YES, IT WAS. 20:21:08 >> Commissioner McDonald: IT WAS REJECTED 20:21:10 . >> Commissioner Daulton: YES. >> Commissioner McDonald: WE'RE 20:21:14 GOING STRAIGHT STAFF RECOMMENDATION. >> Planner Pullen: YES JUST TO 20:21:17 CLARIFY, STAFF RECOMMENDATION AS IN THE REPORT. SO 20:21:20 CHAIR YEE AND VICE CHAIR RAO ABSENT. STARTING 20:21:23 WITH CHAIR DAULTON. 20:21:29 NAY. COMMISSIONER McDONALD 20:21:33 , NAY. 20:21:36 COMMISSIONER STECKLER. AYE 20:21:40 . COMMISSIONER CARDENAS, AYE. 20:21:43 AND COMMISSIONER LIU. AYE. SO THE VOTE 20:21:46 IS THREE IN FAVOR TWO OPPOSED 20:21:49 WITH TWO ABSENT. THE PROJECTS 20:21:52 HAS BEEN APPROVED. PLANNING COMMISSION ACTION 20:21:56 IS FINAL UNLESS APPEALED TO CITY COUNCIL WITHIN TEN CALENDAR DAYS 20:21:59 DAYS. CHAIR BACK TO YOU. >> Commissioner Daulton: OKAY. 20:22:02 SINCE THAT IS OUR LAST AGENDA ITEM WE ARE GOING TO MOVE ON 20:22:06 TO MISCELLANEOUS ITEMS. STAFF 20:22:09 UPDATES. JOEL. >> Planner Pullen: ONLY STAFF UPDATE 20:22:13 I WOULD HAVE IS THAT THE CITY COUNCIL HEARD 20:22:16 THE SAFE PARKING ORDINANCE THAT YOU HAD SEEN 20:22:19 BEFORE, AND RECOMMENDED 20:22:23 OR APPROVED THAT SAFE PARKING ORDINANCE, ALLOWING THE 20:22:26 USE OF RELIGIOUS FACILITIES 20:22:29 AND OTHER USES FOR SAFE PARKING FOR THE HOMELESS 20:22:32 AND THEY WILL BE BRINGING BACK IN THE NEAR 20:22:37 FUTURE A -- MORE INFORMATION TO THE COUNCIL ABOUT THE OPERATION 20:22:40 OF THOSE FACILITIES. JUST WANTED TO UPDATE YOU 20:22:43 SINCE YOU HAD ALREADY SEEN THAT ORDINANCE. >> Commissioner Daulton: I 20:22:46 HAVE A -- >> Commissioner McDonald: JOEL -- 20:22:49 >> Commissioner Daulton: SORRY GO AHEAD. 20:22:52 >> Commissioner McDonald: I'M SORRY MAY I BE RECOGNIZED? 20:22:55 THANK YOU. >> Commissioner Daulton: 20:22:59 COMMISSIONER McDONALD. >> Commissioner McDonald: JOEL CAN YOU TELL US HOW THEY 20:23:02 DECIDED ON ALL THE RECOMMENDS WE MADE 20:23:06 FOR ALTERING THAT TO INCLUDE PRIVATE PROPERTIES AND 20:23:09 SUCH? >> Planner Pullen: SO WHILE I DON'T 20:23:12 WANT TO, YOU KNOW, SPOIL 20:23:15 THE SOPHISTICATION OF THE MINUTES FOR THE COUNCIL BUT 20:23:19 I'LL SAY GENERALLY THERE WAS A LOT OF CONVERSATION ABOUT 20:23:22 BARRIERS TO ENTRY WITH RESPECT TO WHAT KIND OF PROGRAM 20:23:25 MATIC DETAILS OF THE PROGRAM, THE KIND 20:23:30 OF DISQUALIFYING FACTORS LET'S SAY OF EITHER VEHICLES 20:23:33 OR PEOPLE, THAT IT WOULD BE TAKEN ADVANTAGE OF THE PROGRAM 20:23:36 . THEY DID HAVE A DISCUSSION ABOUT THAT AT LENGTH. 20:23:39 AND THAT WAS 20:23:43 KIND OF INCLUDED IN THE DECISION MAKING AND 20:23:46 THE VOTE. BUT ULTIMATELY THEY DECIDED TO GO WITH THE 20:23:49 STAFF RECOMMENDATION. AND THERE WAS 20:23:52 -- THERE IS MORE TO IT THAN THAT BUT I DON'T WANT TO 20:23:55 GO INTO ALL THE BACK-AND- 20:23:58 BACK-AND-FORTH. >> Commissioner Daulton: YEAH. I'LL SAY. 20:24:05 SO MY QUESTION JOEL IS WHEN ARE WE GOING TO HAVE IN- 20:24:08 PERSON MEETINGS AGAIN? >> Planner Pullen: WE'VE NOT DECIDED 20:24:11 THAT YET. THIS IS A GOOD OPPORTUNITY ACTUALLY. I DID GET 20:24:15 SOME INTEREST FROM THE COMMISSION AND OTHER MEMBERS OF THE COMMUNITY ON WHAT 20:24:18 THE CITY'S PLANS WERE WITH REGARD TO OPENING THE 20:24:21 CITY UP. WE PUT SOME NEWS OUT ON 20:24:25 THE DEVELOPMENT DIGEST OR THE FREMONT 20:24:28 CONNECTION RECENTLY SO YOU MAY HAVE SEEN THAT. BUT IN A NUTSHELL 20:24:32 STAFF IS GOING TO BE GOING BACK TO THE OFFICE 20:24:35 , AND DIFFERENT JOBS GO DIFFERENT NUMBERS OF DAYS. WE 20:24:38 ARE BEING ALLOWED TO WORK FROM HOME SOME DAYS 20:24:42 . BUT WE'RE OPENING THE COUNTER FOR TWO 20:24:45 DAYS A WEEK TO START FOR PEOPLE DROPPING IN, AND TAKING 20:24:48 CARE OF PERMITTING QUESTIONS, IN 20:24:51 THE COMMUNITY DEVELOPMENT DEPARTMENT. EACH DIVISION 20:24:54 OF THE DEPARTMENT IN THE CITY IN OTHER PLACE VES DIFFERENT WAYS OF DOING 20:24:58 THINGS. BUILDING INSPECTORS NEED TO BE THERE 20:25:01 EVERY DAY 20:25:04 DOING THEIR INSPECTIONS BUT PEOPLE DOING DESIGN REVIEW 20:25:08 , LIKE MARC MAY BE DOING HE CAN DO IT 20:25:11 AT HOME, BUT IT REALLY VARIES. FOR THE 20:25:15 PUBLIC'S BENEFIT WE'RE OPEN TWO DAYS A WEEK FOR THEIR 20:25:18 QUESTIONS AND THEN WE'RE OPEN AN ADDITIONAL TWO DAYS A 20:25:21 WEEK FOR ISSUING PERMITS SO A TOTAL OF 20:25:24 FOUR DAYS A WEEK, FRIDAYS CLOSED. 20:25:27 I WAS ALSO GOING TO SAY, I JUST LOST IT 20:25:30 THAT -- OH, WE ALSO SURVEYED SOME OTHER LOCAL 20:25:33 CITIES AND WE FOUND OUT THAT WE'RE KIND OF ON 20:25:36 THE FOREFRONT OF REOPENING RELATIVE TO OTHER CITIES 20:25:40 . ABOUT 40% OF CITIES ARE REOPENING 20:25:44 FOR COUNTER BUSINESS RIGHT NOW. JUST FOR A COMPARISON. SO 20:25:47 WE'RE DOING IT IN A MEASURED WAY. WE'LL SEE 20:25:51 AT THE START OF THE NEW FISCAL YEAR ON JULY 6th WHETHER 20:25:54 PEOPLE ARE BEATING DOWN OUR DOORS OR WHETHER THEY 20:25:57 COME IN TRICKLING AND WILL HAVE TO SEE WHAT 20:26:00 THAT LOOKS LIKE OVER TIME TO SEE HOW WE 20:26:03 RAMP UP OR DOWN STAFFING AND HOW PEOPLE ARE FEELING 20:26:08 . >> Commissioner McDonald: HOW DOES STAFF FEEL ABOUT THAT? 20:26:11 >> Commissioner Daulton: I DO LOOK FORWARD TO SEEING YOU ALL 20:26:15 IN PERSON SOME DAY, FOR GOSH SAKES. >> Planner Pullen: 20:26:18 I DON'T HAVE ANY FURTHER INFORMATION ABOUT THAT, THAT'S A 20:26:21 COUPLE OF MONTHS OUT BEFORE WE KNOW. >> Commissioner Daulton: 20:26:24 OKAY, ARE THERE ANY OTHER -- IS THERE ANY 20:26:27 OTHER INFORMATION COMMISSIONERS WOULD LIKE TO SHARE WITH US HERE 20:26:30 ? DANIEL? I KNOW YOU ALWAYS HAVE SOMETHING 20:26:34 SOMETHING. NO? NOTHING 20:26:38 ? >> Commissioner Cardenas: NOTHING TONIGHT, 20:26:41 NOTHING TONIGHT. THANK YOU THOUGH. >> Commissioner Daulton: IF THERE IS 20:26:44 NO FURTHER INFORMATION FROM THE COMMISSION I WILL