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From YouTube: August 11, 2021 | Planning Commission Study Session
Description
City of San José, California
Planning Commission Study Session of August 11, 2021.
This public meeting will be conducted via Zoom Webinar. For information on public participation via Zoom, please refer to the linked meeting agenda below.
Agenda https://sanjose.legistar.com/View.ashx?M=A&ID=885399&GUID=C2E6FD68-8A3A-4BDA-912B-5829B8E6A980
A
B
Study
session
meeting,
this
meeting
is
being
held
via
zoom
conference
call.
Today,
due
to
the
covet
19
crisis,
members
of
the
public
market
may
participate
by
following
the
instructions
listed
on
the
agenda.
You
may
also
view
and
listen
to
the
meeting
on
live
stream,
cable,
tv,
granicus
and
youtube
following
roll
call.
During
summary
of
hearing
procedure,
we
will
review
how
the
public
may
provide
comments
during
today's
session.
B
B
Commissioner
lard
noir
here,
commissioner
montanez.
A
B
B
You
may
identify
yourself
by
the
raised
hand,
feature
on
zoom
click,
star
9
on
your
phone
or
you
may
call
408,
535,
3505
or
email
planning,
support
staff
at
san
jose
california,
san
jose
ca.gov
and
identify
your
name
phone
number
and
what
items
you
would
like
to
speak
on,
as
your
name
is
called
city
staff
will
unmute
you
to
speak
after
we
confirm
your
audio
is
working.
Your
allotted
time
will
begin.
B
Each
speaker
will
have
two
minutes.
Speakers
using
a
translator
will
have
four
minutes
planning.
Commissioners
may
ask
questions
of
the
speakers.
Response
to
the
planning
commissioner's
questions
will
not
reduce
the
speaker's
time
allowance
staff
will
unmute
the
speaker
to
respond
to
the
commissioner.
B
The
public
hearing
will
then
be
closed
and
the
planning
commission
will
take
action
items
action
on
the
item.
The
planning
commission
may
request
staff
to
respond
to
the
public.
Testimony
ask
staff
questions
and
discuss
them
staff.
Do
we
have
any
speakers
for
public
comment
for
items
not
on
the
planning
commission
study
session
agenda.
C
D
Real
quick,
yes,
if
we
have
questions,
should
we
raise
a
hand
or
should
we
wait
until
the
end
of
the
presentation.
C
Okay,
thank
you.
So
this
study
session
is
designed
to
give
you
a
clear
understanding
of
what
we
mean
by
business
displacement.
C
C
C
So
how
many
small
businesses
are
there
in
san
jose
and
how
do
we
define
them?
Traditionally,
a
small
business
is
any
business
that
is
employing
up
to
35
staff,
but
it's
important
to
break
that
down
for
you
in
the
table
that
you
see
in
front
of
you
and
on
the
slide.
C
You
can
see
that
the
number
of
businesses
there
just
over
62
000
in
total
there
is
a
significant
number
of
sole
proprietors,
self-employed
and
micro
businesses
and
when
you
combine
those
two
numbers
there,
the
38
000
and
the
19
000
that
you
see
in
that
second
column
and
there's
a
percentage
of
the
total
in
the
third
column.
That's
close
to
93
percent
of
all
businesses
active
in
the
city
registered
on
our
business
tax
license
data
knowing
the
average
age
of
a
business
is
very
important
to
the
city.
C
It's
an
indicator
along
with
the
number
and
type
of
businesses
that
tells
us
how
resilient
those
businesses
are
in
general
and
informs
our
understanding
of
neighborhood
economics
is
the
area
stable,
growing
or
in
decline,
and
as
a
headline
from
that
table
above
it
informs
us
why
micro
businesses,
with
a
lower
average
age
10.8
years,
need
more
targeted
support
next
slide.
Please
so!
Defining
small
business
displacement
next
slide.
Please
how
do
we?
What
do
we
mean
by
small
business
displacement?
C
I
shall
cover
that
in
detail,
for
you
I'll
give
you
an
overview
of
the
california
commercial
property
market
and
how
it
functions,
which
is
critical
to
this
conversa
this
this
presentation
and
how
do
we
identify
the
key
triggers
that
that
form
displacement
risk
for
the
business
community
next
slide,
please
so
defining
business
displacement.
There
are
essentially
three
types
of
business
displacement
that
we
witness
here
in
san
jose.
C
Firstly,
direct
displacement,
the
redevelopment
of
a
specific
site
or
science.
This
is
visible
to
us.
It
is
what
you
see
as
a
planning
commission,
but
there
are
also
two
other
forms
of
displacement
that
are
indirect
commercial
rent
increases
not
matched
by
an
equivalent
rise
in
income
or
cost
reduction
that
ultimately
either
forces
the
business
to
relocate
or
close.
C
As
we
see
in
economic
recession,
those
low-profit
fixed
cost
businesses
that
do
not
use
or
cannot
use
a
bank
or
secure
a
loan
are
more
exposed
to
the
risk
of
failure,
so
indirect
displacement,
although
largely
invisible
to
us,
has
an
important
impact
on
on
the
future
of
small
businesses
in
particular
and
finally,
induct
long-term
asset
rises.
As
the
demand
for
land
increases
over
time
and
the
availability
of
sites
decline.
C
There
is
long-term
market
appreciation,
land
in
value
rises.
We
also
witness
the
issue
of
land
banking
in
an
economic
cycle,
as
large
organizations
hold
large
sites
and
property.
It
further
increases
the
financial
value
of
existing
land.
That's
for
sale.
There
is
a
scarcity
and
occasionally
sites
may
appear
empty,
but
in
fact
there
are
leases
in
operation-
and
we
saw
this
recently
with
the
orchard
supply
hardware
stores
where,
although
to
anyone,
passing
that
site
would
look
closed.
In
fact,
the
property
owner
is
still
gaining
through
a
lease
that
operates
and
rent
is
being
paid.
C
So
if
we
understand
the
definitions
of
how
this
takes
place,
what
are
the
triggers
here?
Understanding
california's
commercial
property
market
is
very
important,
and
the
headline
is
that
california
has
a
free
market
for
commercial
property,
with
minimal
restrictions
on
negotiation
agreement
and
limited
regulatory
oversight
between
the
landowner
and
the
tenant.
C
C
So
what
are
the
primary
triggers
that
can
lead
to
the
displacement
of
a
business?
There
are
three
broad
categories
here:
firstly,
the
existing
sites
and
the
site
conditions,
and
what
we
observe
is
that
displacement
is
most
likely
where
the
site
is
large,
relatively
underused,
has
ease
of
access
by
road
vacant
or
largely
vacant,
and
if
the
tenants
are
in
occupation,
have
simple
or
expired
leases
next
slide,
please,
secondly,
site
ownership.
C
Finally,
in
san
jose,
the
office
of
economic
development
recognizes
the
active
role
of
commercial
property
brokers,
who
inform
both
buyer
and
seller
interests,
which,
in
general,
leads
to
a
highly
competitive
market
for
land
and
property
throughout
the
economic
cycle.
This
informs
the
scale
pace
and
nature
of
physical
land
and
property
development
here
in
the
city.
C
C
C
C
C
C
C
So
what
is
the
city's
business
displacement
pilot
and
what
lessons
are
being
learned
next
slide?
Please,
san
jose
approved
the
pilot
following
a
council
study
session
on
october
1st
2019,
it's
centered
in
the
alum
rock
area
and
the
pilot
created
a
signpost
and
a
catalyst
function
within
the
office
of
economic
development.
That's
essentially
me
and
my
colleagues
and
I'll
now
go
on
to
explain
what
that
is
and
what
we've
done
today.
C
Essentially,
there
have
been
three
one
is
a
long-standing
set
of
negotiations
on
proposed
urban
villages,
that's
well
known
and
in
the
five
wounds
area,
for
instance,
of
alan
rock,
we
have
a
very
active
group
of
residents,
businesses
and
property
owners
engaged
successfully
in
the
public
process
since
late
2019,
residential
development
and
specifically
affordable
housing
projects
have
come
to
the
fore
and
have
been
very
significant
in
the
discussions
over
the
future
of
alum
rock
and
decisions
that
have
come
forward
through
you,
as
the
planning
commission
and
on
to
council
and
last
but
not
least,
looking
forward.
C
We
expect
by
2023
the
new
bar
phase
2
to
begin
construction.
This
is
a
ten
year
four
billion
dollar
plus
project.
It's
important
to
state
that
the
engineering
is
a
tunnel
design.
It's
not
open
site
construction,
so
mitigation
will
be
there
through
both
design,
but
there
will
be
impact
during
and
after
construction.
C
So
an
important
question
for
vta,
acting
on
behalf
of
bart,
is
to
establish
a
business
mitigation
program
to
safeguard
the
interests
of
businesses
along
the
route
over
a
period
of
up
to
10
years,
and
this
is
a
very
important
question
that
we
will
no
doubt
return
to
in
the
in
the
next
months
to
come.
Thank
you.
Let's
move
on
to
the
next
slide,
so
what
is
the
sign
post
function?
Essentially,
it's
threefold.
C
It's
to
be
a
point
of
contact
and
source
of
information
to
businesses,
and,
in
addition,
our
office
has
two
full-time
staff
permanently
based
in
the
planning
department
to
exclusively
support
small
businesses
on
all
permitting
issues.
They
are
known
as
the
small
business
ally
and
the
service
they
provide
is
fundamental
to
ensuring
that
small
businesses
obtain
permits
in
the
timely
way
knowing
what
they
need
to
provide
and
a
lot
of
the
emphasis
behind
the
pilot
has
been
to
direct
people
to
that
service.
C
Secondly,
we
ensure
that
where
businesses
need
to
be
able
to
take
free
professional
advice,
we're
able
to
direct
them
to
one
of
the
organizations
here
in
the
city
of
san
jose
that
offers
these
services.
And
finally,
we
engage
with
local
business
organizations
and
maintain
lines
of
communications
with
people
who
speak
on
behalf
of
business
now.
Moving
on
to
the
next
slide,
please
now
moving
on
to
the
role
of
catalyst.
Here
are
the
key
headlines.
C
We
then
go
and
source
advice,
and,
in
this
case,
free
legal
advice
from
organizations
such
as
start
small,
think,
big
and
we've
introduced
businesses
to
the
santa
clara
university
law
clinic
to
discuss
as
matters
as
wide,
ranging
as
leasing
negotiation
or
termination,
or
any
of
the
aspects
of
concern
that
a
business
owner
may
have
and
finally
significantly
in
terms
of
the
future
of
businesses.
We've
established
links
with
the
retail
banks,
the
community
development,
financial
institutions
and
credit
unions
next
slide.
C
Please,
the
catalyst
role
has
also
been
there
to
develop
new
projects
and
two
I
wish
to
highlight
to
planning
commission
one
is
the
establishment
of
a
property
business
improvement
district.
This
is
designed
in
partnership
with
the
alamo
business
association
and
property
owners
to
raise
tax
dollars
for
local
control.
C
District
allied
to
the
creation
of
a
business
center
focused
in
alum
rock,
is
a
way
of
building
a
long-term
perspective
that
enables
small
businesses
to
access
services,
to
have
shared
interests
with
property
owners
and
to
develop
a
collective
vision
of
success
going
forward
next
slide,
please
what
have
we
observed
today
in
terms
of
development
risk
in
alan
rock?
Well,
this
is
where
my
assessment
of
responding
to
business
owners
on
planning
and
development
matters
is
as
follows.
C
But
all
these
issues,
the
most
fundamental
to
managing
how
business
owners
have
to
understand
what's
facing
them,
is
one
of
timing.
Timing
is
critical.
The
more
leading
time
that
a
business
owner
has
to
make
decisions,
then
that
increases
the
prospect
of
successful
survival
and
relocation
being
required
to
make
a
decision
in
14
days
or
28
days
does
not
lead
to
the
best
outcome.
C
If
the
business
is
closed,
the
owner
is
looking
to
start
a
new
business
in
the
same
industry.
People
aren't
seeking
to
make
radical
changes,
there's
also
a
desire
to
locate
or
relocate
within
the
neighborhood
people
are
looking
to
stay
and,
lastly,
and
importantly,
business
owners
are
looking
for
programs
that
enhance
the
physical
appearance
of
site-specific
commercial
property.
C
So
in
terms
of
how
the
impact
of
business
of
the
impact
of
covid
influenced
2020,
we
know
from
from
the
work
that
we've
done
and
the
surveys
that
we
have
and
the
data
we
use.
The
40
of
businesses
were
either
closed
or
experienced
very
restricted
conditions.
During
that
year
it
was
uneven
in
impact.
It
was
concentrated
in
specific
local
neighborhoods
and
small
non-tech
private
businesses.
C
We
observed
a
35
million
drop
in
the
city's
sales
tax,
from
which
75
of
this
decline
was
concentrated
in
four
areas:
restaurants,
non-food
retail
car
sales
and
gas
sales.
We
also
know
that
27
000
businesses
are
estimated
to
lease
space
in
san
jose
and
are
protected
by
a
commercial
rent
eviction
moratorium.
Small
landlords
are
under
severe
pressure.
That
is
the
context
in
which
covid
impacted
small
businesses
and
how
we
had
to
consider
the
survival
of
small
businesses
going
forward.
C
C
How
the
role
of
catalyst
and
the
office
of
economic
development
evolved
during
covid,
as
I
say,
was
to
focus
on
grants
and
in
alum
rock
zip
code
95116,
we
targeted
five
key
programs.
You
can
see
them
on
the
slide
and
here
are
the
numbers
so
from
figures
released
by
the
federal
agency,
the
small
business
administration,
there
were
just
over
1500
individual
loans
and
grants
with
a
total
value
of
just
under
57
million
dollars.
C
C
C
Next
slide,
please.
So
the
transition
from
survival
to
recovery
is
a
recognition
of
the
need
to
address
both
small
business
within
the
local,
neighborhood
and
applied.
What
we
have
done
is
to
apply
to
the
federal
economic
development
agency
and
been
successful
in
creating
a
new
program
that
fulfills
these
requirements,
and
this
will
include
the
allen
rock
area
next
slide.
Please
so
here
is
the
map,
and
this
map
informs
you
of
the
area
that
we
will
be
targeting
our
small
business
recovery
and
resiliency
efforts.
C
I'd
like
to
conclude
chair
and
commissioners
by
identifying
for
you
what
I
believe
long-term
success
can
look
like.
C
C
Entrepreneurship
should
be
encouraged
with
the
aim
of
creating
intergenerational
wealth.
It's
a
fundamental
principle
of
equity-driven
economics,
both
city-wide
targeted
investment
and
localized.
Organic
innovation
will
create
new
programs
as
we
move
forward
and,
last
but
not
least,
rising
household
income
strengthens
neighborhoods.
C
D
Yeah,
I
got
a
lot
of
questions,
but
I'll
just
start
with
one,
so
we
have
people
go
around.
You
know.
I
really
think
that's
important.
This
presentation
has
a
focus
on
small
businesses
owning
their
sites
and
I'm
curious.
Do
you?
Does
the
city
know
or
have
a
breakdown
of
how
many
small
businesses
own
their
location
versus
have
long-term
leases
or
short-term
leases?
C
The
the
question
of
ownership
is
interesting
because
increasingly
we're
encouraging
the
owner
of
a
business
when
they
complete
their
annual
business
tax,
license
application
to
answer
that
question
for
us,
okay,
and
so
some
businesses
are
now
actively
answering
yes
or
no,
and
it's
built
we're
building
a
picture,
and
so
we
do
have
a
record
of
the
62
000
businesses
that
are
registered
with
us.
But
my
disappointment
in
answering
your
question:
is
a
minority
have
answered
yes
or
no?
D
As
in
like
that's,
not
a
required
question
for
them
to
answer
when
they
fill
out
the
paperwork,
correct,
gotcha
and
then
also
I'm
curious.
Does
that
distinguish
between
you
know
some
businesses
operate
in
dedicated
facilities,
and,
as
mentioned
in
the
presentation,
though
many
small
businesses
are
sole
proprietorships
or
self-employed
people
who
might
operate
out
of
their
home.
Are
you
able
to
distinguish
that
when
it
comes
to
ownership
statistics.
C
Yes
and
that's
a
key
feature
of
our
kind
of
move
forward
on
data,
I
didn't
want
to
get
into
the
data
side,
but
essentially
a
sort
of
part
of
the
work
of
the
office
has
been
to
kind
of
really
upgrade
our
use
of
data
and
analytics
to
include
that
question
and
that's
why
we
really
break
down
more
at
more
more
of
the
business
types
into
the
sole
proprietor
and
who,
who
is
working
their
business
from
home?
Who
has
a
business
location?
C
Where
are
they
concentrated
and
we
now
kind
of
map
that
and
we
sort
of
we
slice
and
dice
the
maps
according
to
the
particular
locations
that
we're
interested
in?
So
I've
done
that
recently
for
the
google
west.
Sorry,
the
google
downtown
west
area
that
was
part
of
the
important
decision
making
that
came
before
planning
commission
I've
done
it
for
the
vta
bart
area.
A
Thank
you
chair
and
thank
you
vic.
So
my
question
is
as
far
as
resources
for
small
business.
You
did
not
mention
the
silicon
valley.
Small
business
development
center.
Is
that
a
resource
that
you
tell
people
about.
C
Yes,
it
is,
and
they're
probably
the
most
significant
organization
that
we've
worked
with
in
the
past
18
months
with
covid,
and
they
they
form
a
kind
of
partnership
that
we
call
business
owners
space.
The
acronym
is
boss
bos,
but
it's
business
owner
space
and
within
that
partnership.
C
The
sbdc
for
silicon
valley,
along
with
about
28
other
organizations
that
I
work
with
we
bring
in
according
to
the
issue
and
the
type
and
so
the
sbdc
has
been
really
one
of
the
leading
players
in
offering
free
business
advice,
and
we
direct
them
to
that.
And
so
when
I
would
be
hosting
a
webinar,
for
instance,
on
issues
of
finance
and
we
would
be
having
somewhere
between
200
and
400
business
owners
attending
the
webinar.
C
The
sbdc
would
be
on
my
panel
with
me
because
they
we
would
be
offering
one-to-one
guided
advice
and
they
would
then
be
registering
them
as
a
client
for
follow-up
and
we've
had
we've
kind
of
learned.
The
truth
is,
commissioner,
we've
kind
of
learned
under
pressure
to
really
act
more
promptly
and
to
act
more
swiftly
in
the
way
in
which
we
make
referrals,
and
so
that
relationship
has
kind
of
grown
and
we
you
kind
of
learn.
C
A
Okay,
thank
you.
I
I
now
know
why
you
look
familiar
and
that's
because
I
attended
those
webinars
and
I
have
to
attest
that
it's
been
very,
very
helpful
as
a
small
business
owner,
both
the
grant
programs
and
the
working
one-on-one
with
a
an
advisor
through
the
sbdc
so
two
thumbs
up
from
commissioner
torrence.
I
appreciate
that.
Thank
you.
A
Yes,
thank
you
chair
and
thank
you,
mr
farley.
It
was
a
really
really
well
done.
Presentation
very
informative.
I
had
a
question
on
one
of
your
earlier
slides
and
it
had
to
do
with
a
cap
of
31
000
under
state
law
for
a
taxpayer-funded
project,
and
I
didn't
quite
understand
that.
Could
you
explain
that
just
a
little
bit
more,
please.
C
There
is,
there
is
a
statute
in
california
law
that
was
approved
by
the
the
state
assembly
going
back
many
years.
I
can't
remember
the
exact
year
if
there's
an
attorney
with
me
from
the
city,
they
will
be
able
to
give
you
a
more
detailed
answer,
but
essentially
within
that
statute
it
set
financial
limits
and
that
limit
is
the
same
limit,
whether
you
live
in
san
jose
or
fresno
or
irrespective
of
your
location
in
san
jose.
C
So
the
frustration
as
you
could
imagine
with
that
is
it
doesn't
really
bear
a
reflection
on
the
cost
of
running
a
business
from
one
location
to
another,
and
the
actual
dollar
number
hasn't
been
changed
for
close
to
25
years,
so
the
real
value
of
that
money
is
declined
over
time.
So
there
is
a
lot
of
frustration
from
within
the
business,
community
and
chambers
of
commerce.
C
On
that
specific
point,
the
other
question
that's
come
up
recently,
as
you
probably
know
that
the
debate
on
affordable
housing
has
generated
new
laws
at
california-wide
level
and
part
of
that
conversation.
There
is
about
compensating
organizations
such
as
businesses,
that
are
impacted,
and
so
there's
a
second
kind
of
debate
here
around
compensation
to
do
with
affordable
housing
that
is
becoming
more
complex
according
to
the
types
of
projects
that
are
being
brought
forward.
C
The
nature
of
the
funding
that
goes
into
those
projects
and
the
relationship
of
the
developer
to
the
landowner
and
that's
kind
of
a
very
interesting
area
in
the
moment
for
the
housing
department
and
its
discussion
with
developers
on
projects
that
they
are
prepared
to
support
and
bring
forward.
But
the
the
the
sort
of
the
headline
position
is
the
one
I
described
to
you.
It's
a
fixed
limit
and,
in
truth,
business
owners
feel
that
that
is
a
number
that
doesn't
really
address.
Need.
A
C
No
is
the
short
answer,
but
it's
a
point
that
the
city
agreed
as
part
of
its
lobbying
plan
for
the
way
in
which
we
interact
with
government
that
we
want
it
on
the
agenda.
Okay,.
D
B
A
B
C
A
Good,
you
know
I
I
saw
that
you
had
about
27
000
business
noted
in
the
powerpoint
that
were
under
the
eviction
moratorium.
Do
you
know
when
that
eviction
moratorium
is
going
to
live
for
these
businesses
and
how
will
it
affect
these
businesses
once
this
business
eviction?
Moratorium
is
lifted.
C
Great
question
and
okay,
so
the
headlines
here
are
that
the
the
governor
of
california
has
issued
an
order
that
allows
local
jurisdictions
to
continue
to
operate
eviction
moratoriums
up
to
september.
30Th
2021
this
at
the
end
of
this
september,
santa
clara
county
currently
have
an
eviction
moratorium
in
place
for
the
whole
of
the
county
and
it's
a
very
good
eviction
moratorium
because
it
covers
all
businesses.
So
therefore,
there's
no
sense
of
bias
or
fairness
or
unfairness,
depending
on
where
you're
located.
C
So
every
business
is
part
of
that
and
they
have
to
meet
next
week
next
tuesday
to
take
the
current
eviction
moratorium,
which
is
due
to
expire
on
august,
the
17th
through
to
september
the
30th.
The
governor
is
expected
to
make
a
statement
between
now
and
september.
The
30th
and,
as
you
can
imagine,
local
jurisdictions
on
the
whole
want
the
governor
to
extend
that
moratorium
or
to
create
conditions
that
allow
the
business
tenant
to
have
a
period
of
time
to
repay.
C
C
But
in
balancing
that
argument
it
will
also
want
to
know
what
the
views
of
landlords
are,
and
it's
it's
recognized
in
silicon
valley
and
particularly
in
santa
clara
county,
that
we
do
have
a
large
number
of
very
small
landlords
who
may
only
have
one
or
two
properties
for
whom
this
has
been
a
severe
cash
flow
problem.
If
they've
not
received
rent.
C
So
there's
two
sides
to
the
argument,
but
on
balance,
what
you
can
see
from
the
amount
of
loans
and
grants
that
have
come
into
the
city
from
the
federal
stimulus
money,
plus
the
fact
that
we
estimate,
if
40
of
businesses
were
closed
for
part
of
2020,
that
means
60
percent
weren't.
C
Then
there
is
a
sense
within
which,
although
we
can't
estimate
a
number
and
I
it
would
be,
I
would
be
guessing
and
it's
wrong
to
guess.
We
think
on
the
whole,
businesses
have
the
capacity
to
be
able
to
negotiate
a
solution,
but
it
won't
be
without.
I
think
problems
because
the
very
nature
of
an
individual
business
varies
so
much
and
what
we
can
see
if
you
look
at,
for
instance,
restaurants
as
an
example
where
they're
very
much
affected
by
the
covid
regulations.
C
At
the
moment,
most
restaurants
in
the
city
are
open.
They
are
doing
business,
they
are
engaging
in
both
outdoor
dining
as
well
as
indoor
dining,
but
if
kovid
restrictions
were
to
come
back,
for
instance,
that
would
have
a
material
impact
on
the
ability
of
those
businesses
to
trade
normally.
Thank
you.
A
I
I
have
some
follow-up
on
that.
I
have
have
you
all
at
all
tried
to
reach
out
to
these.
You
know
landlords
to
try
to
negotiate
and
reduce
what
is
what
is
due.
C
I
think
the
answer
to
that
is
yes,
but
do
you
do
I
think
we've
been
effective,
I'm
not
sure,
because
we
do
communicate
by
virtue
of
email
by
by
webinar
and
by
documents
that
are
released
to
both
landlord
and
tenant.
Now
landlords
are
of
such
differing
types
from
very
large
corporate
landlords
that
view
their
property
more
as
an
asset
in
the
balance
sheet,
whereas
small
landlords
tend
to
view
this
as
cash
flow.
C
I
rely
on
my
rent
each
month
to
pay
for
my
retirement,
and
so
you've
got
this
complete
mix
of
interests
here,
and
so
our
position
has
been
when,
when,
when
a
landlord
or
a
tenant
has
contacted
me
and
said
what
do
I
do?
My
answer
has
been:
please
negotiate
a
solution
now
and
avoid
litigation.
Litigation
involves,
cost
and
consequences
and,
generally
speaking,
normally
ends
badly
for
one
party
or
another.
So
I
gent
my
my
my
general
position
on
on
the
question
of
eviction.
Moratoriums
is,
however,
difficult.
C
C
If
you
need
the
city
support,
I
I
and
my
colleagues
in
the
office
of
economic
development
will
refer
you
to
free,
independent
legal
advice
through
people.
Like
start
small,
think
big
we're
also
reviewing
how
we
might
have
to
expand
that
offer
in
the
light
of
the
eviction
moratorium
ending,
because
we
can
see
there'll
be
a
greater
demand
for
services,
and
I
think,
we're
probably
six
to
eight
weeks
from
coming
coming
up
with
a
contract
that
will
be
met
on
that
front.
C
But
you
can
see
that
if
you
said,
if
you
said
to
me,
what
is
the
main
risk
to
recovery
throughout
the
course
of
2021?
It's
the
issue
of
property,
and
so
therefore
our
position
is
when
we
as
a
city
are
not
allowed
to
negotiate
on
behalf
of
one
party
over
another.
So
therefore,
I
feel
like
my
job
is
the
important
role
of
explaining
what
you
can
do,
but
leaving
it
to
the
two
parties
to
have
to
negotiate
in
truth,
privately
a
solution
that
avoids
litigation.
A
C
A
Of
course,
I
you
know
I
like
to
see
whatever
you
could
do
in
advance
to
reach
out
to
those
27
000
people,
yeah
and
but
but
more
than
anything,
you've
got
such
a
wealth
of
resources
here
in
regards
to,
I
would
encourage
you
to
reach
out
to
the
universities
like
san
jose
state,
evergreen
stanford.
You
got
all
these
great.
You
know
entities
here
with
students
to
provide
additional
manpower
that
are
studying
that
may
be
able
to
do
surveying
work.
A
You
know
so
I
I
know
when
I
was
a
graduate
student
at
san
jose
state
and
urban
planning.
We
did
stuff
with
the
redevelopment
agency,
so
I
I'd
highly
encourage
you
to
use
that
those
students
and
and
and
work
with
the
different
resource,
like
schools
and
the
students,
to
give
you
a
little
bit
more
manpower
to
to
reach
out
and
and
be
that
bridge
yeah,
but
good
job.
I
know
it's
tough
times
and
you're
doing
the
best
you
can
so
thanks.
A
C
A
I
I
agree
with
that,
and
I
do
think
that
maybe
even
people
working
from
home
and
providing
different
services
from
home,
given
everything
that's
happened
and
a
lot
of
people
working
from
home,
maybe
there's
some
more
businesses
that
allowed
under
the
home
occupation
yeah.
I
think
that
could
be
expanded
to
to
help
that.
Okay,
thanks.
D
I
do
so
one
thing
that
was
mentioned
earlier
in
the
presentation
is
that
many
small
businesses
are
unfamiliar
with
the
city's
planning
process
yeah
and
I'm
just
curious.
C
Yes
and
we've
had
really
difficult
questions
to
consider
in
relation
to
language
language
competency,
the
way
in
which
we
present
information.
The
time
we
give
people
to
familiarize
themselves
with
that
information
business
owners.
I
my
colleagues
may
have
different
perspectives,
but
my
relationship
with
business
owners
has
been
one
based
on
trust.
So
I
hear
things
they
want
to
tell
me
that
perhaps
they
don't
wish
to
discuss
with
anyone
else,
and
I
think
there
is
a
genuine
fear
of
coming
into
city
hall.
Is
this
about
rules
and
compliance?
Am
I
going
to
get
fined?
C
C
Just
asking
me
the
question,
because
you
want
to
know
an
answer
and
then
you
go
away
again.
What
they
want
is
a
more
meaningful
connective
relationship
and
that's
where,
in
a
sense,
if
you're
an
office
of
economic
development
you're
a
small
team,
you
can't
always
give
that
and
you
have
to
work
with
intermediary
organizations.
And
I
think
what
you'll
see
in
alan
rock,
for
instance,
which
will
be
an
interesting
kind
of
test
for
us
as
a
city,
is
how
well
the
business
improvement.
C
Pre-Coded
in
that
six
months,
I
was
the
sort
of
signpost
was
often
just
saying:
I'm
not
the
expert
here,
but
I
know
someone,
and
this
is
who
you
should
go
and
talk
to,
and
I
felt
that
just
took
the
pressure
off
people
and
then
they
would
come
back
and
say
to
me
now
you,
you
told
me
this
and
actually
the
small
business
ally
in
pbc.
D
D
C
Yeah
and
and
often
it
you
know,
the
truth
is
you,
you
listen
to
a
business
owner
and
you
have
to
be
honest
and
say
I
don't
think
I
can
help
you.
This
is
a
matter
of
your
landowner
and
property
owner
and
you've
really
got
to
go
and
have
a
conversation
with
them,
particularly
where
businesses
have
been
occupying
sites
for
many
many
years.
The
property
may
not
be
up
to
code.
D
Great
well,
I
mean,
I
think,
it's
really
valuable
that
you're
so
focused
on
demystifying
this
whole
process,
because
I
know
that
can
definitely
be
a
challenge
at
times.
So
thank
you,
pleasure.
A
You
know
that
were
restaurants
had
to
close,
because
they
didn't
really
know
how
to
pivot
in
regards
to
technology
and
take
out
any
you
know,
I
don't
know
if
it
would
be
nice
to
see
a
success
story
of
someone
that
was
able
to
to
pivot,
given
the
the
pandemic
that
there's
lessons
learned
and
how
that
could
be
modeled
for
other
businesses,
and
maybe
that's
how
we
could
use
students
or
other
local
organizations
to
really
provide
those
type
of
workshops
to
allow
them
to
have
those
type
of
services
to
be
able
to
successfully
model
someone
that
that
was
able
to
pivot.
C
Yeah,
it's
it's
the
it's
the
it's
the
absolute
number
one
topic
at
the
moment,
so
many
business
owners
realize
that
a
number
of
their
competitors
did
really
well
because
they
got
online
really
quickly
and
in
the
restaurant
business.
If
you
had
a
really
good
take
out
online
service,
you
were
ahead
of
the
game,
so
you're
absolutely
on
point.
It's
one
of
our
core
questions
and
within
the
business
owners
space.
That's
what
we're
trying
to
draw
into
okay,
the
the
offer.
I
think
the
key
point
there
about
marketing
is
is
is
cultural
and
language
sensitivity.
C
If
you'd
asked
me
this
question
18
months
ago,
I
would
have
just
given
you
my
standard
british
english
answer
now,
when
we,
when
we
do
something
we're
going
to
do
it
in
three
or
four
languages
and
we're
going
to
recognize
that
different
people
have
different
communication
tools
and
the
truth
is
we're
going
to
make
mistakes
along
the
way.
But
but
I
would
like
to
feel
in
representing
this
interest
to
you.
C
It's
not
exclusive
to
alumni,
but
I
feel
that
the
way
we
evaluate
the
pilot
and
then
draw
up
a
more
city-wide
approach
to
challenging
business
displacement
will
give
us
confidence
from
that
experience.
A
Yeah,
because
you
know
it
it's
not
just
language
and
cultural
barriers.
Sometimes
you
know,
because
of
someone's
age
they
might
not
have
either
the
access
to
the,
where
the
knowledge
about
the
technology
on
how
to
how
to
be
able
to
do
that.
So
yeah
yeah.
C
C
So
now
they've
got
a
women
entrepreneurs
group
now
that
didn't
exist
six
months
ago
in
alamo,
so
suddenly
things
are
beginning
to
emerge,
so
it
is
experimental,
it
does
carry
risk,
but
I
think,
commissioner,
your
point
is
absolutely
correct
and-
and
we
have
to
look
at
all
aspects
of
that
offer-
and
that's
really,
if
you
said
to
me-
where
would
we
want
to
be
in
two
years
time?
It's
kind
of
that
last
slide
on
the
presentation.
We
should
be
seeing
evidence
of
what
we're
trying
to
do
against
against
those
bullet
points.
A
D
Thank
you
chair.
Thank
you
to
for
the
presentation,
thank
you
to
oed
for
pivoting
to
assist
small
business
during
the
pandemic
question
for
city
attorney
vera.
What
I
heard
during
this
meeting
was
that
the
city
cannot
negotiate
private
contracts
such
as
leases
and
rents.
Is
that
correct.
A
I
think
that
may
be
restating
it
a
little
bit
too
broadly.
Obviously,
if
the
city
is
involved
in
giving
money
or
providing
some
benefit,
some
financial
benefits
pardon
me
to
a
particular
project
that,
yes,
it
can.
However,
in
general,
there
is
a
state
law
that
prohibits.
A
For
example,
rent
control
prohibits
us
from
legislating
minimum
terms
of
leases,
basically
negotiating
leases,
and
I
had
the
reference
in
front
of
me
and
I
just
lost
it,
and
but
we
had
this
discussion
with
the
flea
market
project,
for
example,
but
if
we
are
putting
money
into
the
project,
if
it's
receiving
a
benefit
from
the
city-
and
I
don't
just
mean
a
land
use,
approved,
winding
actual
financial
benefit,
then
yes,
we
can
negotiate
some
of
the
terms
under
which
that
land
will
be
used.
D
Great,
so
when
it
comes
to
a
private
development,
let's
say
you
know
a
major
street
in
san
jose.
It's
been
planned
in
the
general
plan
to
have
some
intense
development
and
there's
a
variety
of
parcels
that
are
being
combined,
maybe
has
a
tenant.
In
there,
a
commercial
tenant,
the
the
city
can't
say,
assuming
no
government
funding
that
hey.
When
you
reopen
and
you
build
this
thing,
we
would
like
the
rents
to
be
a
certain
price
and
the
person
that's
there
today
in
the
space.
A
No,
we
can
do
none
of
that
and
I
found
the
I
found
the
reference
to
the
law.
It's
the
cortezi,
keen
seymour
commercial
property
investment
act,
it's
in
civil
code,
section
1954.2
at
sequitur,
and
that
is
it's
a
very
broad
prohibition
against
local
control
or
any
any
attempt
at
local
control
over
the
private
landlord
tenant,
the
commercial
landlord
tenant
relationship.
D
Thank
you
and
then
staying
on
the
same
scenario.
You
know
we
have
a
place
in
the
general
plan,
as
you
know,
want
some
intense
development
again,
there's
a
variety
of
parcels.
D
We
may
have
a
commercial
tenant
in
the
building
from
what
I
understand
based
on
the
presentation,
if
assuming
no
government
money
funding
that
there
is
no
ability
for
the
city
to
say
to
the
to
the
applicant
who's,
proposing
something
you
must
keep
this
person
in
the
in
the
space
or
you
must
provide
them
compensation
on
on
the
space
that
they
have
to
to
leave.
Let's,
let's
assume
they're
on
a
month-to-month
lease
and
so
they're,
paying
their
rent
by
month
to
month.
Does
the
city
have
the
ability
to
say
mr
apple?
D
So,
all
in
all,
even
though
there
may
be
good
intentions
from
the
government
entity
wanting
to
take
care
of
a
small
business
owner,
that's
a
private
matter
and
the
city
has
no
no
ability
to
affect
that,
either
in
future
rents
and
leases
or
in
paying
a
compensation
that
they
will
close
because
development
as
the
city
has
planned
is
going
to
occur.
A
Right
now,
having
said
that,
however,
what
I
do
want
to
say
is
that
sometimes
property
owners,
particularly
if
they
are
having,
for
example,
need
a
statement
of
overriding
considerations
for
sequa
and
we
need
to
take
a
look
at
the
benefits
to
the
city,
the
benefits
to
the
community
in
making
that
override
and
we're
asking
council
to
do
that.
The
applicant
is
asking
council
to
do
that.
A
It
also
doesn't
preclude
that
occurring
through
a
development
agreement,
because
development
agreements
are
not
bound
by
the
same
rules,
and
so,
if
we
wanted
to
in
a
development
agreement,
they
were
coming
in
for
a
large
project,
and
we
negotiated
that
you
know
they
would
retain
the
same
tenants
or
whatever
that
could
occur
there
as
well.
D
A
And
the
reason
it's
okay
in
a
development
agreement,
as
most
of
the
planning
commission
knows-
or
at
least
the
the
ones
who
have
been
here
a
little
bit
longer
on
the
commission
is
the
development
agreement
is
voluntarily
negotiated
between
the
developer
and
the
city.
It's
not
a
unilateral
police
power.
You
know,
requirement
a
condition
of
approval
and
that's
the
difference.
D
And,
of
course,
development
agreements
are
not
as
frequent
as
all
the
other
land
use
issues
that
come
before
the
decision.
That's
the
situation
situations,
maybe
some
a
few
others,
etc.
Okay!
Well!
Well,
thank
you
very
much
vera.
Thank
you
again
for
the
presentation,
I
think,
as
planning
commissioners
and
council
members
there's
often
where
you
see,
applicants
come
forward
with
commercial
developments
again
that
have
been
mixed
use.
D
Developments
that
have
been
you
know
laid
out
in
the
general
plan
is
what
the
city
wants
it
to
be,
and
ultimately
there
are
commercial
tenants
that
are
there
and
as
much
as
there
is
the
hope
and
aspiration
to
assist
them.
The
city
is,
you
know,
unable
by
law,
to
really
interfere
in
those
private
contracts.
I
think
that
is
important
as
we
as
ourselves
may
be
facing
some
of
these
in
in
our
tenure.
So
thank
you
very
much.
B
Mr
fardi
really
quickly
has
a
broad
question,
but
to
what
extent
do
the
urban
villages
impact
these
small
businesses?
Is
it
viewed
as
a
positive
or
a
negative.
C
You
have
to
look
at
each
urban
village
proposal
on
its
own
merits,
so
on
the
east
side
of
the
city,
with
five
wounds,
for
instance,
you
have
a
very
close
relationship
and
I
think,
there's
likely
to
be
a
satisfactory
conclusion,
but,
as
the
previous
commissioner
was
asking
the
question
of
of
our
attorney,
it's
not
a
guarantee,
and
it
really
is
about
good
faith
and
good
behavior
by
all
parties.
A
A
I've
already,
I,
we
are
prohibited
by
state
law
from
doing
rent
control,
doing
anything
having
to
do
with
commercial
tenancies
at
all,
whether
it's
a
month-to-month
rental
or
whether
it's
a
longer-term
lease,
unless
we
give
money
to
the
project,
unless
there
is
government
assistance
to
that
project
by
the
city,
so
tax
credits
definitely
impact
that
well,
are
those
they're,
not
local
tax
credits,
though.
A
C
A
Because
the
city
basically
has
to
have
some
power
of
the
first
strings
in
this
project,
not
just
regular
land
use
approvals
that
that
anybody
could
come
in
for
and
that
that's
the
difference.
If
it
does
not
have
any
money
in
the
game,
then
we
are
prohibited
from
controlling
rents
and
from
interfering
in
that
landlord-tenant
relationship
and
whatever
agreement
they
come
to
for
the
tenancy.
A
B
A
About
that
guys,
like
my
internet's,
not
not
doing
well
right
now,
but
anyways,
I
was
more
I'm
more
interested
in
the
in
the
study
and
figuring
out.
There's
a
couple
of
questions
I
have.
I
want
to
know
how
the
oed
is
cross-pollinating
your
findings
with
planning
and
building
development,
to
ensure
that,
along
these
processes,
the
small
businesses
that
may
own
their
properties
or
that
could
influence
you
know
some
of
the
some
of
the
maybe
opportunities
that
exist
on
their
site.
A
How
are
you
cross-pollinating
to
ensure
that
the
results
that
you
have
from
this
study,
especially
those
the
things
that
have
to
do
with
like
the
language
barriers,
the
culture
barriers?
How
are
we
cross-pollinating
this
into
other
departments.
C
Thank
you
for
the
question.
I
think
the
short
answer
is
we
now
geocode
onto
maps
all
62
000
businesses,
so
I
know
exactly
where
they
all
are
on
a
map
in
the
city
we
didn't
have
that
two
years
ago.
So
that
enables
me
to
see
if
you
were
to
say
this
site
is
coming
up
for
development.
C
I
would
now
know
so
when
we
had
google,
for
instance,
and
we
had
all
those
sites
coming
forward
as
a
plan,
I
was
able
to
produce
a
map
for
the
public
that
identified
the
total
number
of
businesses
on
those
sites
broken
down
in
the
format
that
I
presented
to
you.
So
we
have.
We
have
that
opportunity
to
map
and
see
the.
C
That's
where
it
becomes
complex,
because
I
look
for
colleagues
who
can
communicate
in
different
languages
or
can
advise
in
in
a
different
language
in
order
to
be
able
to
satisfy
whatever
questions
the
business
owner
may
have
about
a
particular
development.
But
it's
it's.
It's
not
a
straightforward.
I'd!
Love
it
to
be
more
straightforward
to
do
this.
A
How
are
you
able
to
codify
some
of
this
like
the
language
into
the
work
that
you're
doing
so
that
we
so
that
there
is,
you
know
when
there
is,
let's
say
for
instances,
notices
or
meetings
or
these
types
of
surveys
that
are
being
done?
Have
you
had
that
codified
anywhere
in
your
processes
or
workflows
that
you
know
you
will
reach
out
in?
At
least
you
know,
in
addition
to
english,
maybe
vietnamese
and
spanish
is
that
anywhere
in
the
policies
or
in
the
workforce,.
C
A
And
then
is
that
also
is
that
also
reflective
in
your
in
the
staffing
that
you
have
and
in
these
allies
that
you
that
you
have
for
the
small
businesses?
Specifically,
you
know
in
communities
of
color
that
have
responded
to
your
surveys.
C
I
think
we're
we're
fortunate
with
our
small
business
allies.
One
one
speaks
perfect.
Spanish,
no
one
speaks
perfect
vietnamese,
so
we're
very
fortunate
in
that
respect,
and
there
are
colleagues
within
the
office
of
economic
development
and
brought
more
broadly
within
the
city
manager's
office
that
we
drew
do
draw
on
from
time
to
time
to
be
effective,
but
we
are
a
small
team,
so
it
is
a
challenge,
but
that's
how
we're
progressing.
If
you'd
asked
me
that
question
two
years
ago,
we
wouldn't
be
communicating
in
four
languages
in
the
way.
C
We
are
that's
what
we've
learned:
that's
what
we've
adapted!
That's
what
we
do
now
and
I
have
to
say
we're
we're
reaching
a
bigger
audience
and
we're
being
more
effective
in
the
way
we
do
that.
A
A
Yes,
one
second,
okay
paul
go
ahead
and
mute
your
device
and
begin
to
speak.
You
have
two
minutes
for
your
comment.
Thank
you.
My
name
is
paul
soto,
I'm
a
lifelong
resident,
sixth
generation
sahanero
and
I'd
like
to
know.
We
need
a
working
definition
of
equity.
A
I
have
been
on
the
council
constantly
constantly,
because
this
is
a
legal
term
you
see
and
and
if
we're
going
to
start
talking
about
that
from
the
from
the
from
the
dice-
and
you
know
all
these
flowery
subjective
definitions
of
what
equity
means
and
I'm
glad
nora's
on
the
call,
because
she's
heard
this
conversation
from
me
and
I'm
going
to
keep
on
her
until
we
get
a
working
objective
definition
of
what
equity
means
you
see,
because
the
one
of
the
reasons
my
opinion
as
to
why
it's
not
is
because
then
we
have
an
objective
measure
that
the
city
has
to
follow
and
if
they
don't,
I
got
them
because
there's
people
like
me
that
are
paying
extremely
close
attention
to
everything.
A
That's
going
on
in
the
city,
absolutely
everything
and
I
miss
nothing,
and
so
so
we
really
need
this.
What
I'd
like
to
know
is
from
your
office,
what
have
you
done
personally
to
ensure
that
equity
is
applied,
and
what
is
your
definition
number
one
number
two
language
is
is
an
absolute
necessity
because
in
the
schools
in
this
city
they
used
to
beat
kids,
my
parents
were
some
of
them,
abused
them
and
dehumanized
them
for
speaking
spanish,
so
you're
not
like
affording
us
something
by
being
kind
to
translated.
A
A
B
D
B
At
this
point,
it
seems
we're
kind
of
up
against
it.
I'd
like
to
thank
mr
fardy
for
his
very
informative
presentation.
I
appreciate
all
the
commissioner's
questions
as
well
and
jennifer
at
this
point,
do
we
adjourn
or
are
there
additional
items.