San Jose City Council Meeting - Ceremonial Proclamations, Peace Monument Donation, and Consulting Contracts Debate on October 7, 2025
All right, good afternoon, everyone.
Good afternoon and welcome.
I would like to call this meeting of the San Jose City Council to order for the afternoon of October seventh.
Tony, would you please call the role?
Come.
Campos.
Present.
Tordillos?
Here.
Cohen?
Here.
Ortiz?
Present.
Here.
Juan.
Candeles.
Here.
Casey.
Foley?
Here, Mahan.
Here.
You have a quorum.
Great.
Thank you very much.
Now, if you're able, please stand and join us in the Pledge of Allegiance.
I pledge the ladies to the flag of the United States of America.
And to the Republic over which it stands.
Today's invocation will be provided by the Dartmouth Middle School Band Ensemble, and Vice Mayor Foley will tell us more.
Thank you, Mayor.
For today's invocation, I'm thrilled to be joined by a special group from Dartmouth Middle School, a partial ensemble from their outstanding school band led by Director Jonathan Pu.
Each year, I'm proud to host Music in the Valley, an event that celebrates community and the incredible musical talent of our local students.
While today we're joined by just a few of Dartmouth's talented musicians, their full Eagle Band with about a hundred and twenty members always brings down the house at Music in the Valley.
I'm delighted to have them here this afternoon and can't wait to welcome them back to our fifth annual Music in the Valley and my final one as council member next May.
Without further delay, I pass the microphone off to off to Mr.
Pu, who I understand will introduce a couple of students to speak.
Thank you for being here.
Thank you for having us, Vice Mayor.
Robin and Johnny are going to do a little introduction for us.
Good afternoon.
We are a few members of the Dartmouth Middle School Symphonic Band.
Thank you so much for inviting us to perform for the invocation today.
We will perform the song for good from the musical Wicked.
We wanted to dedicate this song to Vice Mayor Pam Foley and thank her for being so supportive supportive of music and performing arts in schools.
What a beautiful performance.
Thank you so much.
It's a great way to start our city council meeting today again.
That was the Dartmouth Middle School Band Ensemble.
Would you give them one more round of applause with me?
Thank you.
And thank you to Vicemar Foley, who's uh leading our invocations this month for highlighting the talent of our some of our local students.
Thank you to the Dartmouth Middle School Band Ensemble.
That was beautiful.
We're on to our ceremonial items.
Council Member Campos.
If you would join me at the podium, we will recognize and proc proclaim October.
I'm sorry.
Excuse me, you're disrupting the meeting.
Excuse me.
We excuse me, you're disrupting the meeting.
I'm sorry.
Sorry, you've got to come down from there.
Okay.
You're disrupting the meeting.
Okay, I'm sorry for the disruption, everyone.
We are uh on to our ceremonial items.
Council Member Campos, if you would join me at the podium, we will recognize and proclaim October as National Arts and Humanities Month.
I am glad to be recognizing the arts and humanities, especially at this moment when many of the major cultural institutions in our country are under threat.
The arts and humanities touch every part of our lives, from the seemingly small, like a haiku, to the fleeting, like a chalk painting, to the permanent like a stone engraving to the grand like an architectural marvel.
Each of these has the power to stir emotions, inspire a movement, or challenge the status quo.
They have the power to change the course of history.
At times, any one of those can be uncomfortable, but through discomfort, we learn and we grow.
It is important to me personally, as the liaison for the Arts and Culture Commission that as a city and council, we reaffirm our commitment to the arts and humanities.
These are one of the cornerstones of our lives and a critical part of our culture.
They enrich our lives and impact us in more ways than we are often able to recognize.
But this work is done by friends and our neighbors, members of our communities who tirelessly advocate for the arts and humanities in San Jose, including our arts commissioners who have joined us today, Chair Shelby Takata, Vice Chair Jonathan Borca, Commissioner Annelyn Bones, Commissioner Janet Peace, Commissioner Di Ann Mirzigan, and Commissioner Carmen Gaines.
I am grateful to have leaders in our community and on our commission to uplift the arts and humanities in San Jose.
And with that, I am happy to proclaim October as National Arts and Humanities Month.
And before we present the proclamation with the mayor, we will hear from our Arts Commissioner Chair, Shelby Takata.
Thank you very much.
Good afternoon, everyone.
My name is Shelby Takata, Chair of the San Jose Arts Commission.
Thank you, Mayor Mahan, Councilmember Campos, and the full city council.
This proclamation of October as National Arts and Humanities Month not only connects San Jose to our nation's celebration of the arts, but also recognizes the creativity and cultural vibrancy that define our city.
In San Jose, the arts and humanities aren't extra.
They're essential.
They fuel our economy, enliven our downtown, enrich education and quality of life.
And most importantly, they bridge cultures and strengthen our democracy.
I'd like to recognize my fellow art commissioners who volunteer their time to advance San Jose Arts Sector and to thank the Office of Cultural Affairs staff, whose work ensures that the arts remain accessible to every member of our community.
Later this month, on Friday, October 24th, the Arts Commission will host a cornerstone of the arts awards, honoring the late Chris Esparza for his lasting creative impact, Joe Miller as a luminary artist, and Kevin House as a 2025 cornerstone of the arts recipient.
Once again, thank you, Mayor and Council, for your ongoing support of the arts, and a special thanks to Councilmember Campos for your committed service as our council liaison to the Arts Commission.
Thank you.
Thanks, Councilmember, and Councilmember, National Works, what they do on our service.
What would we do with the sure?
All right, Councilmember Ortiz, if you would join me at the podium, we will recognize and proclaim October 13th as Indigenous People's Day.
If I could have uh members of the Indian Health Center and if Trustee Castellanos would like to stand with us, please come stand with us.
It is truly an honor to stand here today as we come together to recognize Indigenous Peoples Day.
This day is far more than a date on the calendar.
It is an opportunity to reflect, pay respect, and recognize.
It is a time to honor the first peoples of this land, whose stories, traditions, and resilience are woven into the very fabric of our city and our region.
Long before San Jose was called San Jose, the Illoney people lived, thrived, and cared for this land for more than 10,000 years.
Their deep connections to the earth continues to inspire how we think about community stewardship and belonging.
Today we acknowledge that our nation's history of colonization and displacement has left deep wounds.
Yet we also celebrate the strength, endurance, and wisdom of Indigenous peoples who continue to lead, educate, and heal our communities.
That is why it's so meaningful to present this year's proclamation to the Indian Health Center of Santa Clara Valley.
Your organization embodies the very spirit of this day.
For decades you have provided culturally rooted care, preserved traditions, and created a safe and welcoming space where indigenous people can access the health services that they deserve.
You remind us that healing is not only physical, but also cultural, spiritual, and generational.
On behalf of the city of San Jose, we recognize your unwavering commitment to honoring Indigenous heritage, supporting families, and building a healthier and more just future for all.
And so alongside the mayor, we, with deep gratitude and respect, we are proud to present this proclamation recognizing October 13th, 2025 as Indigenous People's Day in the City of San Jose, to honor the history, culture, and contributions of Indigenous peoples who have shaped and continue to shape our shared community.
Now I would like to ask if the executive director, Sonia Titnowski would like to share a few words.
Thank you so much.
Today we join together as a community to recognize and celebrate Indigenous People's Day, a day that honors the first people of this land.
Their enduring presence and their immeasurable contributions to our shared history.
Indigenous People's Day is an opportunity to reflect and recognize.
In education, environmental protection, public service, the arts, and countless other areas that enrich our community.
Let us make this day not only a commemoration, but a continuing promise, a promise to remember whose land we stand upon, to learn from those whose wisdom has sustained us, and to work towards a more inclusive and truthful future.
I'd like to thank this city council and this community.
We express our deep respect and gratitude to the acknowledgement of Indigenous People's Day in this region and across our nation.
Thank you so much for this honor and thank you for your time today.
And now the Mayor will present their proclamation.
Last but not least, Councilmember Tordillas, if you would join me at the podium, we will recognize and proclaim October as Filipino American History Month.
And we'll invite our guests to come down as well.
Thank you, Mayor, and good afternoon, everyone.
It's an honor to be here today to celebrate Filipino American History Month.
Since 1992, the Filipino American National Historical Society, Fonds, has been celebrating October as Filipino American History Month across the United States.
In 2009, the month was first recognized by the U.S.
Congress after Dr.
Fred Cordova and Dorothy Cordova brought a resolution from the Fonds Board of Trustees.
And in 2015, President Obama hosted the Filipino American History Month first Filipino American History Month celebration at the White House.
I'm excited to be here today as the first uh Filipino American elected to be San Jose City Council participating in today's proclamation and celebrating all of the incredible contributions of our local Filipino American community here in San Jose.
It's a privilege to be joined by members of Filipino Americans coming together in San Jose, Fact SJ, to celebrate this milestone.
Filipino Americans coming together in San Jose is a coalition of Filipino American organizations that supports community events, including the annual FAMJam and Panoitown San Jose Historical Walking Tours to celebrate Filipino American history and culture.
Factus J was founded by various local organizations such as Lead Filipino, Filipino American National Historical Society of Santa Clara Valley, Filipino Youth Coalition, Malaya South Bay, the Filipino Association of Workers and Immigrants, and San Jose Movable.
And at this time, I would love to turn it over to Camille Valerio from Lead Filipino to say a few words.
Or good afternoon, everyone.
My name is Camille Valerio from Lee Filipino, representing the Fact SJ Coalition and joined by several civic small businesses and elected Filipino American leaders from our local community, including Barry SN Union School District Trustee and retired longtime educator, Thelma Boak.
We are honored to accept this proclamation observing Filipino American History Month.
This year's Filipino American History Month theme is from quotas to communities, Filipino American Migration and Movement, commemorating the 90th anniversary of the 1935 Philippine Repatriation Act and the 60th anniversary of the 1965 Immigration and Naturalization Act.
Two laws in this country that sought to limit our presence, yet also shaped our journeys of leadership, resilience, solidarity, and community building.
Like many of our communities here in San Jose, we are a community and culture of immigrant stories and experiences.
Across our coalition's programs, campaigns, and summits, we teach and reinforce the history of the Filipino community waves of migration to the United States and examine the inhumane policies that have forced many of our families to separate and migrate in pursuit of safety, love, and economic opportunities.
Studying and acknowledging our past means we understand the Sword Day playbooks being used to divide us by ideology in class, and we won't allow it.
We will continue to share resources and stand by our communities, families, and students impacted by today's climate.
From exclusionary quotas to thriving communities, Filipino exo communities and Americans continue to transform the meaning of migration by turning movement into memory, struggle into strength, and history into living legacy.
We would love to celebrate Filipino American History Month with all of you this month.
And we invite you to join us at our annual Fam Jam happening at Barriessa Guardians at the Flea or Barry Essa Garden at the Flea on Friday, October 24th, and Lee Filipinos' 10th anniversary gala on Saturday, October 25th at San Jose State University.
Thank you to the council member, Councilmember uh Anthony Tordillos, Mayor Matt Mahan and the council for having us here today.
Happy Philippine American History Month.
Why don't we get a good group photo?
Shift this way a little bit.
Alright, well, thank you for those ceremonial items, colleagues.
We are on to orders of the day.
Does anyone on the council have any changes to the printed agenda?
Not aware of any.
Okay, we'll move on to the closed session report.
Nora.
Thank you, Mayor.
We do not have a report out of closed session today.
Okay.
Thank you.
Next is the consent calendar.
Are there any items council would like to pull from consent?
I am aware of one.
Vice Mayor.
Yes, I would like to pull two point eight.
Okay.
Great.
I don't see any others.
And I believe I should go to Councilmember Mulcahy briefly, and then I'll come back to you, Vice Mayor.
Thank you, Mayor.
It's a hard one to remove myself from the chamber for, but out of an abundance of caution.
I'm accusing myself from consideration of the item that the vice mayor polled due to a long-standing business and deeply personal relationship to Diane Brandenburg and her family.
It is a source of pride and gratitude to be able to be connected to such a revered and generous matriarch in our community.
So thank you, Alb.
Thank you, Councilmember.
So now moving over to the Vice Mayor again, this is on item two point eight donation agreement with donor Diane Brandenburg for the peace monument and artwork by artist Mario Chiotto, located at Arena Green West.
And I will turn it over to the Vice Mayor for her comments.
Thank you.
The reason I pulled this is because it's such a huge and generous gift that I wanted to acknowledge how important it was to the city of San Jose to receive this special and visionary gift by Diane Brandenburg.
I know she's here and she'll be speaking later, but I just want to acknowledge that this is a peace monument that she has a vision of what it can mean in the city of San Jose, and we're simply providing the location of it and actually accepting the gift from her.
It's a financial contribution from her, it's her vision.
It's tremendously generous, it's a large-scale public peace.
I don't know if uh the artist is here to speak as well, and it's entitled The Peace Monument.
As I said, our role is to accept this inspiring gift.
I am honored to be the one to be able to bring it forward and to move the item.
Thank you, Vice Mayor.
Do we have a second?
Second from okay.
Whoever got it, there were it was a competition there.
Uh, we're gonna vote on this separately, which I think was the vice mayor's intent here because Councilman Mulcay's recused himself, and then we'll after this item come back to the remainder of the consent calendar.
I'll just briefly add my thanks to Diane Brandenburg.
It would be hard to overstate her generosity and contributions to the San Jose community over the years.
We're so grateful to you, Diane.
You especially have uplifted our children, invested in their education, their opportunities.
And I know from talking to you that you see this peace monument as a gift to future generations to inspire peace in a world that is uh so often torn by uh by strife, by conflict, division, and we can do better in San Jose uh can be uh can be a model for that more peaceful world where we all live together in harmony.
So I'm grateful to you for your generosity, your vision, and this this beautiful gift to the city and future generations.
We have a motion on this item.
I'll go I see one more hand and then we'll go to public comment before we vote on item 2.8.
Councilmember Kamei.
Thank you so much.
Um, the Brandenburg have been in the community for so many years.
I just want to say thank you as someone who also has over 30, 35 years in the community.
Uh you have done so much, your family has done so much, and those you touch uh really um are um it's just amazing.
So thank you.
Thanks for those words, council member.
Um, okay, I don't see any other hands, so Tony, why don't we take public comment on just item 2.8 where we we have a motion to approve?
Yeah, I have five cards, so I'm going I'm gonna go ahead and call all five names.
You don't have to come down in the order that you're called.
Diane Brandenburg, Kim Mulcahy, Charlie D'Napoli, Chris Shea, and Carl Sallas.
Come on down.
Good afternoon to our honorary mayor and all you, councilwomen and councilmen.
I thank you for this opportunity to share and ask for your help in making this happen.
Yes, a vision.
I had a vision.
My late husband had his ideas in the shower.
Mine always came on Sunday mornings.
And last year I thought, how, you know, I'm so upset.
We haven't learned very much over the ages.
Margaret Mead said something about can you all hear me?
She shared, when are we gonna learn to devise a system that makes peace instead of war?
And those words resonated because I made a previous speech somewhere else earlier, and her words really started something in me.
And I thought, you know, so many of us sit back and talk about peace and how unhappy we are and what's happening.
But how many of us have the will or get inspired by something to go forward and create a means of a movement to share with the world?
And that's what I see with the city of San Jose.
Our roots go back.
The group of the Ollone Indians representatives, which I have a great fondness for.
Oh dear.
Oh no.
May I say one more thing then?
We're doing forward there.
Jimi Hendrix.
Shared when the power of love overcomes the love of power, then our world will know peace.
And thank you for letting me share my words.
I had a lot more, but it looks like I don't have to.
Thank you.
Thank you all.
Thank you.
Good afternoon, Mayor, Vice Mayor, and Council members.
I'm Kimberly Mulcahy, and I have the privilege of serving as the project lead for the Seeds of Peace Monument.
It has been an honor to work alongside Diane Brandenburg, Mario Kyoto, and his team, and many dedicated partners in bringing this vision forward.
We want to express our deep appreciation to city staff, the Office of Cultural Affairs, PRNS, Public Works, and the Mayor's Office in District 6 for their guidance and professionalism.
Their collaboration has allowed this project to move through the city process with clarity and momentum, reflecting the strength of the shared commitment behind it.
And thank you, Mayor and Council, for your leadership in supporting projects that elevate San Jose's identity, pride, and public spaces.
On the onset, there has been a desire to move this product project with purpose so that Diane can see it activated and embraced by the community she has invested in for decades.
This monument is more than a piece of art.
It reflects San Jose's commitment to investing in beauty, meaning, and shared cultural experiences in the heart at a time when communities everywhere seek connection and common ground, placing a work centered on peace sends a very important message about who we are and what we value.
Public art shapes how we feel about where we live, it invites reflection, sparks connection, and tells to residents and visitors alike.
What excites me most about this project is that it is here in our city, on our river park, and in our community.
This peace monument isn't just a landmark, it could spark a grassroots wave of engagement and conversation around peace, beginning here in San Jose and radiating outward.
Thank you for making San Jose a city where peace has a visible place and a growing movement.
Thank you, next speaker.
Also, Janet Peace, come on down.
I think it says Janet.
Hi, I'm Janet Peace, and I'm the citywide arts commissioner here.
I'm also the chair of the Public Art Committee, and I'm just here to state the enthusiastic support from the entire arts commission at our last meeting.
We did vote that we would move forward with this project, and we are all very excited and looking forward and extremely grateful to Diane and the team of people that are bringing this amazing piece of art to San Jose.
It's gonna be great.
Thank you, next speaker.
Dear Mayor, vice Mayor, and members of the city council.
I am Charlie DiNapoli, a local artist from Santa Clara County, and will be speaking on behalf of Mario.
For the past few months, I've had the pleasure of working and learning from Mario Kyoto and his studios in Napa.
I started for working for Mario as an intern and have since transitioned to a part of his team of sculptors.
An experience that I have considered to be an invaluable in my young career.
One day I hope to be speaking to you all about projects of my own, but today I am here to speak to you about the proposed monument in Guadalupe River Park.
Each day I walk into work, and in awe of scale and the beauty of the monument, I have had the honor of helping to bring into reality, all well knowing that its final resting place will be planned here, the place I know is home.
This project gives me hope that not only are there wonderful cities that care about supporting the arts, but that I'm working on something that is making a meaningful statement and can inspire residents and visitors of San Jose.
Now I'd like to read a statement from Mario about the work.
The Peace Monument here was born from a simple but powerful belief that peace is not just an absence of conflict but the presence of understanding, compassion, and union.
I created this monument as a reminder that peace is something we must actively build, not wait for.
In a diverse city like San Jose, with so many cultures, traditions, and voices, peace becomes our greatest asset, our greatest strength and source of unification.
This monument is not only a work of art, it is a place of reflection where each person can see their own cultural peace symbol as well as all cultural peace symbols, and be reminded of their role in shaping a more compassionate world.
It is a symbol to future generations that peace begins with us and that it can only endure if we continue to nurture it and surround ourselves with reminders of peace.
Thank you to the people of San Jose who have allowed me, allowed this important monument to become a reality.
Thank you, next speaker.
Good afternoon, honorable member, mayor, and council members.
My name is Chris Shea.
I'm the senior vice president for Shark Sports and Entertainment, and I'm here in strong support of the Peace Monument, a truly inspired work of public art made possible through the generosity of Diane Brandenburg and the Brandenburg Foundation.
Artist artist Mario Chioto has created something decidedly beautiful, a work that speaks to the best of who we are as a community.
Together, private organizations, donors, the Guadalupe River Park Conservancy, and the Downtown Association's stitching districts, and your hometown team are working to bring back the crown jewel of the Guadalupe River Park, ensuring it becomes a thriving home for both our long-term residents and tens of thousands of new downtown neighbors expected in the years ahead.
The Peace Monument will sit at the confluence of Arena Green West, helping to stitch together downtown the park, Little Italy, and SAP Center represents a major milestone along the Guadalupe path itself.
Across the country, cities are rediscovering their civic identity through art and placemaking.
From Atlanta's belt line, transforming underutilized space into vibrant cultural corridors, to Detroit's riverwalk, reconnecting residents to their waterfront, to Chicago's river walk, blending art, recreation, and design into iconic destinations.
With renewed investment in the Guadalupe, San Jose stands proudly among these great cities.
What better message to unite us than one of peace?
A message to inspire the generations to come.
While these projects can bring private investments seeking no financial return, this effort, along with the Arena Green West Pavilion, stands as examples of pure philanthropy, giving back simply because we want to make our city better.
Ensuring that this project delivery model could be replicated throughout San Jose's vibrant communities, parks, and districts will be essential.
The lessons learned from the pavilion project regarding fee calculations should be able to help us as we look at other projects through the city and encourage more philanthropic investment like Miss Brandenburg's.
We are thrilled to welcome the world-class artists bringing world-class art to San Jose.
The Peace Monument will proudly anchor the entrance to SAP Center, creating concert doors, fans, and families for generations to come.
A lasting symbol of peace, pride, and community.
Thank you for your time.
Thank you, next speaker.
You can't get rid of me, huh?
So uh I'm I'm here to talk about the bigger picture.
I think you need to work on some policy.
I'm gonna give you a, it's gonna affect the Sackyway House, and it's gonna affect this wonderful, wonderful gift that Diana's giving to the city.
But I want to do it by by way of example.
Can you take a look at your screens?
This is what a Greena Green West looked like two weeks before the NVIDIA conference last March.
This is exactly what's what you saw, 100 yards from the entrance.
This is what it saw.
This is what people saw.
Um I just got the project bought off today, and I want to show what it looks like this morning.
I took this next picture.
Let me show the next one.
Where that little circle is, is where that blight was.
We also were able to recover all of the major good portions that were already in Arena Green.
We spent $150,000 all privately raised.
Every cent.
I work we work for the sharks, the conservancy, we raised all the money.
The city said, Oh, you have to do a structural evaluation of those existing pieces that people have been walking in all, okay.
We'll pay for that.
You have to do a asbestos survey.
Okay, we'll pay for that.
So we paid for all that.
It's all done.
It's beautiful.
We got a bill for $20,000 from the city.
And I think you need to look at your policy.
When people give money for city resources in the city, and they get a bill for $20,000.
It's supposed to be a private public partnership.
It's not supposed to be a private money donation with a public profit center.
And it really at least a terrible taste.
I picture the Sakaway house, it's going to be a million bucks.
Oh, that was 12.5%.
It was 12.5% of the construction cost, the bill we got from the city.
I I can't imagine the Sackway House, the that wonderful peace monument you're donating.
Getting 12.5% bill is just it just makes you want to not give to the city.
Look what it looks like today.
And that's all private, every bit of it.
So please consider the policy.
They're doing their job, your staff is.
You told it to recover their costs, but please reconsider that policy for private money going to public resources.
Thank you so much.
Back to council.
Somebody ought to make that guy a policymaker.
Alright.
Thank you to all of our uh public commenters this afternoon.
And a huge thank you to Diane Brandenburg for her generosity.
Uh, we are back to the council for a vote.
And uh Tony, let's do that.
Motion passes unanimously.
Wonderful.
Thank you.
Thank you, everybody.
All right, we can now entertain a motion on the rest of the consent calendar.
So moved.
Great.
I don't see any other hands.
Tony, do we have comments on the remainder of consent?
We do not.
Okay.
Let's come back to the council for a vote.
Okay.
Motion passes unanimously.
Thank you.
All right.
We're under the report of the city manager item 3.1.
Thank you, Mayor and City Council.
I do not have a report today.
Okay.
Thank you, Jennifer.
We're on to item 3.4, Master Service Agreements to provide consulting services for citywide planning activities.
We have a brief staff presentation, so we'll give staff time to get settled into the box.
Okay, good afternoon, Mayor and Council members.
My name is Martina Davis.
I'm a division manager with our citywide planning group.
I'm joined today by Jose Ruanu, a supervising planner who led this effort.
Manera Thanderhar, our uh deputy director, and Chris Burton, our director of planning, building and code enforcement.
So today we are here to request approval of entering into new master service agreements that will replace our 2015 list.
This will allow PBCE and other departments who have similar work to enter into contracts when we have consultant uh work that needs to be done by consultants where we need the technical help in an expedited manner.
Um we looked at the previous contracts and we actually expanded the scope a little bit so that we are hoping to be able to use these for all kinds of work that happens within PBCE and beyond.
The six technical areas are land use planning and urban design, transportation and circulation, community engagement, environmental review.
This is a major one.
Any city policy work we do requires a clearance under CEQA and sometimes NEPA, and this would allow us to hire those technical consultants to complete that work in an expedited manner.
We also included traffic impact analysis and public finance and economic feasibility.
As I mentioned, multiple departments may be able to use this, primarily PBCE, but we see potential work within public works, transportation housing, PRNS, and the Office of Economic Development and Cultural Affairs may be able to use these work to excavate contracting.
Some examples of projects, we have identified a few projects in the upcoming fiscal year, for example, the general plan four-year review, CEQA clearance, the downtown residential ministerial ordinance that was given to us by council with a budget allocation.
If we do need to do CEQA for sign ordinance updates, this is the contracts that would expedite that work.
Parks is indicated, they may want to use it for the park recreation master plan and fee study update that they have upcoming.
The Department of Transportation regularly has circulation improvement studies and community engagement, as does the Office of Economic Development and Cultural Affairs regularly has fiscal impact analysis and economic studies that potentially could be used.
It's very important to note that this action today does not authorize any individual projects and does not allocate any budget to any projects.
Funding for any projects that may use these contracts and direction to do these projects would be given by council either through the annual budget process, mid-year budget process, or for individual actions.
So how it works is you know, we're we're told to do a project, we're given a budget.
We determine a scope where we need technical services.
We will develop a detailed scope.
We will send it to usually about five at least firms on our list, and we'll get responses back, and we will select the one that fits our budget, our timeline, and the scope of work we're looking for the best.
So that leads us to our staff recommendation.
We are asking council to adopt a resolution authorizing the city manager or her designate to negotiate and execute the master service agreements and to allow us to execute amendments to increase the or decrease the maximum compensation up to four million annually or 1 million for any one organization.
And with that, I am happy to answer any questions.
Great.
Thanks, Martina and team.
Appreciate it.
Tony, do we have public comment?
I have no cards for this item.
Okay, great.
Thank you.
Just coming back to the council.
I did have one.
Actually, I see some colleagues with hands up.
Let me turn to them first.
Councilman would come in.
Thank you so much, and thank you for answering my questions that I had on this item.
I just want to clarify that the purpose of these agreements is really to address specialized services or temporary peak loads.
I think that in the past there's been sort of like it hasn't been as clear, so I just wanted to make sure that that is correct.
Yeah, that's correct.
So we have absolutely fantastic staff within PBCE.
So we can do the bulk of the work and we know what we want to see.
How we use this consultants really is for technical expertise that's above and beyond what we have.
So maybe doing architectural studies that we don't aren't able to produce in-house, or again to augment capacity.
We use them for outreach, for example, is a really good example where we'll use consultants to augment our capacity.
So, yes, we don't use consultants to really direct the work, the work is directed and largely performed by city staff.
They they augment us where we have areas where we need that help.
That's terrific.
And you know, I was just wondering, and I know that it's always an issue of the resources and funding, but uh you know, in terms of uh certain certain types of skills that you know you you constantly need, and you know, after a year, after two years, you know, you constantly need that.
I think that has is there any thought that at some at certain times uh there'd be sort of a transfer from consultant to actually hiring someone because from this side of the council, right?
Uh we ask and ask and ask and continue to ask, and I know that that uh Chris always presents us with, well, these are the hours and they've been 102% allocated.
So at some point, at some point, I think that it's beneficial to say we don't have uh a hundred and ten percent.
And and I think you've been saying that, but I think that that if the need is there, and as we do our balancing and we think, well, maybe we ought to, you know, like do something in in PBCE.
I I think those are those are trade-offs that we can weigh along, you know, in terms of what is needed.
So just just sort of like keeping the in mind in mind in terms of yes, you know, we have consultants, but you know, over a period of time, uh, if the need continues, then it really needs to be a full-time or you know, uh an in-house staff person for that expertise.
Has things changed.
Yes, now thank you.
Um, yes, we would agree with that.
Um again, generally these can these contracts are used for things that are technical and don't occur on a regular basis.
But if we do find ourselves consistently hiring contracts to do contractors to do something, yeah, that would absolutely cause us to say, you know, should we, right?
There's an overhead with contractors as well.
And and we really like city staff where we can use them.
So that is definitely something we keep our eye on.
Well, thank you so much.
I really appreciate all the work that um that you do, and I would move staff recommendation.
Great.
Thanks, councilmember second by council cohen.
Let's go to council member Mulcahy.
Thank you, Mayor.
Um, so I I have to assume that some of the firms on the list likely contract with other cities, organizations or nonprofit groups.
Um, and while we expect them to ask, you know, act in our best interest when we hire them, there's an inherent conflict in those same firms that might later advocate against policies or projects.
Some of our departments are advancing and they're gonna be available to looks like across the city.
I didn't see any safeguards outlined in the memorandum to protect the city from conflict screening, disclosure requirements or restrictions from working perhaps on both sides of an issue.
Um, how do we justify spending taxpayer dollars to retain consultants who may in other contexts be working against the city's own interests and what guardrails do we have?
If we've sort of now approved this list, you know, is staff gonna have to take time or go through the city attorney to make sure that a selected, you know, organization doesn't have conflicts, seems a little bit sort of carte blanche the way it's outlined.
Thank you, council member, for that question.
So that really comes down to each individual service order for the project because as you know, there may be a conflict on one project for a consultant, but there may be work that they can do that's totally different that isn't in conflict.
So what we do is we do essentially almost a mini RFP for each project that we use these consultants, we'll send it out for a number of them, and then that's where we'll ask the question and we'll take those looks at the conflict of interests.
Since we don't, you know, we don't send these out to the full list, we'll usually select you know the a few that are the best fits up front and then send it out to them.
Uh, it's not that much work to kind of try to identify those conflicts, and that's certainly something that we ask and look for on an individual project basis.
But you but we do understand that those likely can exist with such a robust list.
It can, although it they tend to be fairly technical consultants.
Um I can think of probably one off the top of my head that does a little bit more advocacy, but generally speaking, we are talking people on architect firms, um, economic development uh analysts that really work across the board, and frankly, kind of taking positions for projects uh harms their business model, right?
Because cities will start not hiring them because they're out there advocating for positions.
So that hasn't been our experience yet, and it is something we look for, but yeah, we understand the potential for that.
Okay, um, thank you for that.
So let's talk about the list overall.
So we have 53 applicants, uh 50 consulting firms were selected.
The memorandum states that any firm that applied scoring 60 out of 100, which in my last time I was in school, that's a D minus, will be included in the RFQ.
Eleven of the finalists scored in the 60 to 70 range in at least one of the categories.
It doesn't sort of feel like a super competitive, highly qualified short list if 50 out of 53, 94% got sort of moved to the next level.
One firm that was selected, despite never scoring above a 68 and even failed to meet our very low standards in the public finance and economic feasibility criteria, scored a 43.
Why was the bar so low for such important work?
And again, we're going for technical expertise and bringing people into the fold that store in the 60s.
I just don't understand.
We're talking about a range of funds between 2.6 and 4 million dollars of city funds that are going to be able to be allocated to 50 out of 53 applicants.
And yes, that sounds like there's going to be an RFP, but won't we make the RFPs easier if we're making the barrier to get on the list in the first place more challenging?
So a couple things, you know.
Um, given the breadth of the work, we we did want to be more inclusive to have more firms available.
Um part of the issue is that if you only select a few, you do run out pretty quickly.
Uh the other thing was that, yeah, I mean, we were pretty hard on the scoring.
Uh for something like uh this where it's a sort of a general RFP, not everyone hits everything right.
Um, but we did feel that that was the appropriate threshold for firms that had had proposals that we thought could um work for the city.
Councilmember, Chris Burton, Director of Planning Building Code Enforcement.
I think you know, uh to Martina's point, we're looking for flexibility as we approach this list.
The RF with the process we go through with the service order on the back end is not a full RFP.
Um it's a skinny-down process.
So this actually does accelerate the process for us.
It allows to bring on consultants quickly as needed.
Um the challenge, as you're pointing out, is that you know many of these are very busy consultants that are engaged with other cities and private firms, and so the availability of those skills is critical for us to continue to keep major projects on path, um, and certainly a lot of our policy work.
So we're trying to be as inclusive as possible, understanding that we have the checks on the back end to be able to whittle down that list and ensure that we're getting the best quality available for the project at the time.
So I I'm about accountability more than flexibility, and uh it seems like I I still don't not find why we set the barrier so low.
Um maybe we can talk it offline.
I I won't support the list today because I think that's a fundamentally important answer to have as to why we are accepting scores, regardless of whether they have time or not to fill out the application.
That seems to me not a barrier for why we would, you know, they're busy folks.
I mean, do we excuse them for lower scores as a result of that?
Is that what I heard you say?
No, what I'm saying is um, you know, we don't have these projects assigned or aligned or you know uh a list available at this time to know when we're gonna need these consultants.
Um they may not be available as we sort of call upon them.
So this list is setting up uh uh a longer period of time.
So I'm trying to think of a good example.
But say we get to the latest stages of the four-year review and we need a technical consultant on architectural needs, and so we have the ability to go out quickly to this list.
Not everybody on that list is going to be available.
So we're trying to be as inclusive as possible at this point so that we know that we can get the resources when we need them.
Otherwise, by restricting the list to just a few firms, they may push out their timeline.
We may be saying, well, you know, our only option is now to wait eight months for a six month project or whatever it is it's it's about that trade off and flexibility later in the process to give us the ability to be nimble as we respond to the policy direction that we're trying to implement on behalf of it but Chris I can't help but think that scoring in a 60 range doesn't speak to their I mean we're looking for technical expertise that are going to advise us on really important broad array of things and if they're scoring in the 60 range just because we want to have more on the list we might get inferior work.
That's what worries me is like how did they get on the list in the first place?
Is there going to be sort of a buyer beware sticker on the list that goes to you know the the department that's going to select these folks is the score reflective of their actual expertise at the end of the day.
So yeah I just like to mention we we do feel very comfortable with the firms that we selected that was partially the criteria being set that way is who do we feel comfortable working with who do we feel like um would produce us good work it's very detrimental to us to have not good consultants um they drag things on cost a lot of money so that absolutely was something that was front of mind as we selected the criteria um I think it is hard when you think of it as a school letter grade right yeah that does come across as a D.
But you know it's the RFP scoring doesn't quite equate to school letter grades so the 50 was the threshold of where we felt the firms were producing us good submittals that we we can work with.
All right thank you for the answers I will not be able to support this item thank you.
Thanks for those questions council member can I ask as a follow-up could you help us better understand the scoring system so it's scaled to a hundred and and staff said 50 was the threshold but it's not we shouldn't think of it like grades.
Can you just give us a little more insight and ideally a little more comfort into who we're including on the list given what feels like a pretty low threshold.
So yeah we'll have to look at the the scoring and how it came out I mean so uh the 50% of it was experience with relevant projects.
Okay.
I mean I might suggest we'll see but I don't we do have a motion on the floor don't we?
Okay.
Maybe there's a possible if I might.
So Paige Benway with our admin services team can provide some additional clarity.
Thank you for the question mayor.
Paige Benway senior analyst, planning the link code enforcement I help run the procurements for the department so I coordinate the process that all city departments go through when running RFQs and RFPs.
The criteria was split between expertise and experience so that uh since we were establishing a list of pre-qualified consultants, those were the two main criteria that were used.
Each technical area was scored by a panel of subject matter experts so we had uh colleagues from other departments score circulation and uh some of the other technical areas so we had uh people knowledgeable in those areas judging the experience and expertise that was documented in each proposal submittal so they you know went through that scoring process individually then the scores come together and then the the selection cutoff point was set at at 60 and so that's you know when we publish a notice that's what we did.
So okay and then maybe it's just a quick follow-up because I I understand we're a little bit in the weeds and and there's probably some uh research on this we could all do outside of this reading to better understand it, but intuitively I think the council member makes a very compelling point that a score of 50 out of 100, and then such a what appears to be maybe an overly inclusive list of sort of have 50 consultants in, intuitively a score of 50 feels very low.
Can you help us understand why we maybe shouldn't think about it like letter grades where we'd hope that everybody's you know a C or better or a B or better?
We'd want to be in that top 20%, not just kind of the meet the middle of the 50% threshold or 60% threshold, whatever it was.
Well, uh uh my understanding when we select those cutoff points and I work with the staff to you know try to balance out the needs as they've indicated from having a list of you know, a list long enough to be able to go to a given technical area, solicit proposals, and then you know have experienced, you know, capable firms available to do that.
So there was a choice to set the point at 60.
Um yes, you could have set it higher, but it you know, uh that was the sort of balancing act that was done.
So it, you know, they all submitted their experience and expertise, they provided examples of their work, etc.
And then the, you know, each panel scored it according to, you know, the criteria they were given.
So if we set the cutoff at 70, would we lose half of these or where I I'm sure it's in the memo, I just don't maybe it isn't.
Just well, staff look at that.
I think the other thing I would just add to that, right?
Is obviously there's a broad array of expertise here.
So it's not like we're just going out for a secret consultant and finding the best C consultant we can, right?
So we're not setting a uh criteria that's based solely on one technical expertise.
We're using a general sort of scoring across you know, community outreach and engagement and sort of traffic analysis and economic analysis and CEQA support.
So, you know, part of that sort of scoring scene again, it's not an examination on one specific topic, it's how do you apply across multiple areas.
Okay.
Um look, I'll I'll just I'll say this, and I have one uh I had a question about a very different kind of accountability, actually.
I was gonna try to take the conversation a different direction.
So I will ask that question, and then I I see we have another colleague with his hand up.
Um I I think so one, I would make the case that the use of technical uh outside expert consultants is uh very worthwhile.
It's important for us to be able to not have to have full-time staff 365 days a year to but to but to be able to go out on a project by project basis and to have certain expertise in very narrow areas to have that technical analysis.
So I think having these kinds of consultants is really important.
I think we probably all agree on that.
The the idea of a master agreement that can then expedite procurement at that point, I think is also a very solid idea.
I think Councilmember Mulcay raises a fair question about what are the thresholds, are we lowering the bar?
Are we being overly inclusive?
It's really hard for me to judge that based on the information in front of us today.
The final question though, or point that I wanted to make was totally different, but was also about accountability.
The incentive for I'm just thinking about CEQA analysis right now.
So experts outside firms who are hired to do, you know, CQA or other land use-related assessments.
The incentive, frankly, if we're just being blunt about it, is for them to spend as many hours as possible doing the most thorough analysis that looks at every possible thing, crosses every T, dots every I, and while we all, I'm sure Nora loves that because we want to be very risk averse.
Um that's a lot of time, it's a lot of money, and it's one of the reasons that not just us, but broadly across California, we just have a reputation for being a nearly impossible place to invest.
So my question is as we have come to recognize our housing crisis, which is driven by a shortage where we've had job creation outpace housing growth, as the state has dramatically changed its perspective in the last decade, taking away local control, pushing for ministerial approval, reforming CEQA.
How are we adjusting?
What is our message and how are we holding our consultants accountable for not business as usual?
Not having a project that takes a hundred hours when maybe in this new world it needs to just be 20 hours, or they need to be using standard analysis frameworks for analysis, standard mitigations, and just applying a template and getting it good enough because sometimes these things are not life and death, but we kill the ability to even build the housing that is life or death for people because of analyses that drag on forever and add tons of time and cost.
So that that was more where I wanted to go with this accountability question is have we changed the message to the to some of these folks about we need this can't be business as usual anymore with these consultants in many of these areas.
Yeah, I would uh absolutely uh agree that we have.
Um I think it's one of those areas, and especially for these technical consultants, especially as it relates to CECRA, that's exactly the work we're doing, right?
So the policy work that we undertake, and when you look at all the work we've implemented as a part of the housing element and the housing crisis work plan, has been streamlining our approval process.
And so when we're talking about consultants that we as a city are hiring, they're covering the analysis on the policy work that reduces that burden on private development to ensure that we're getting the investment and the housing that we so desperately require.
Um we have you know a tremendous staff that are holding those consultants accountable.
We are risk-averse because quite frankly, we are a target when it comes to CECRA as a large city and dealing with large development.
A lot of people follow all of our projects and processes.
They're absolutely a target for litigation.
So we work very closely with the attorney's office to ensure that those documents you know are you know solid and we have a tremendous track record with the attorney's office in fending off all of those challenges through CQA that would otherwise require us to go back and do additional work and additional analysis.
So I am very confident that we are absolutely doing that work and holding these consultants accountable and the very work that they're working on is ultimately accelerating that process.
Okay, it's good to hear.
I'll just make the point that it would be nice to see in a quantifiable way how a certain type of project is short, how we're shortening those timelines on average.
Obviously, every project is a little different, but it would be nice to see how three years ago it took uh 365 days and now it's 180 days or something like that on average.
That would be nice to see.
I'll also note I don't see it as a badge of honor that we never lose a lawsuit on anything.
To me, that tells me we're maybe being overly risk averse.
Not that I want us to get sued or that I ever want us to lose a lawsuit, but if if our sign of success is that we've been we've never lost a lawsuit on this in 20 years, that almost tells me we're probably being overly risk averse, and maybe part of the reason we have a reputation for being a really hard place to invest.
So anyway, we want to change that, right?
Happily take that conversation offline.
Um I think the there's um just on the accountability and the reporting piece, right?
Obviously, we do track that data, we do publish it on our customer service charter on the PBC website.
Um it's something that we want to be a little bit more fine-grained to.
So we're actually in the middle of updating those dashboards now.
So you'll be able to see the different steps within in individual sort of processes across the average of the development projects that we work on and see the breakdown of where time is being spent.
Um, to your point on accountability, it's absolutely a focus for us on a sort of rough estimate.
Um, about 25% of that process is with our staff, about 75% is with private development consultants, right?
So it's absolutely a balancing act.
We're constantly working with those consultants to ensure that we're moving quickly and efficiently.
Okay.
Thank you, Chris.
Let me turn to councilmember Tordios.
Thank you, Mayor.
And I'm sensitive to uh the concerns raised by uh Councilmember Mulcahy here.
You know, in my previous career, I've had the experience of entering into a contract with a vendor or a uh a consultant who was then not able to kind of live up to expectations when it came to actually do the work.
Uh so I'm curious about kind of what levels of uh or mechanisms for accountability we might have here if any of the uh you know service providers on this list would have run into that situation.
Uh would that look like you know, revoking the master agreement for individual firms, or would there be some other mechanism to basically make sure that we're just not continuing to uh reward work and contracts to firms that are not living up to expectations.
Yeah, so each contract will have um milestones, deadlines, and budget to it, so we can very much track their performance.
Um, and then if we do have consultants that are underperforming all of our individual project contracts, can uh we have outs, right?
We can say this is not working, we're gonna cut cut our losses now.
And then, yeah, we certainly could look at if we have ongoing problems or something that was um just so catastrophic, it's something we would look at of potentially formally removing them from the list.
Thank you for that clarity.
And then I also just want to kind of up-level uh councilmember Kamei's point here that as we're executing these service orders looking for themes.
If we see kind of recurring areas of work where it might make sense, we do think that there may be uh kind of a enough bulk of work in a similar area to bring that expertise in-house.
I think that's a good opportunity to look at over time.
Thank you.
Thanks for those comments and that question, council member I don't see any other hands.
Just pausing for a moment okay we have a motion on the floor Tony.
Motion passes eight to three with Dewan Mulkey and Casey voting no.
Alright thank you all and uh that actually last item uh we are on to open forum which is an opportunity for members of the public to comment on city business that was not on today's agenda Tony.
I have several cards and when I call your name please come down to the microphone you have two minutes.
If you speak in another language it will translate for you and the council members will see it on their screens and you can see it above please look at the screen too in case you can't understand it picks me up pretty good.
I have me come on down Azazel Holmqwist Manuel Cortez Maria and I'll stop there and I have three more cards so I'll call those after we get a couple people talking my name is Azazel Homequist I'm speaking on behalf of one of the R V community members my name is Yari Castillo I am both a resident and advocate for San Jose's RB community working people parents caregivers and students who can no longer afford traditional housing in one of the most expensive cities in the United States with the R V community needs expand safe parking capacity citywide match the real number of people living in vehicles include sanitation trash pickup and case management and lower entry barriers like registration or insurance where possible pause enforcement sweeps until alternatives exist no towing or sweeps where no safe parking option is available ensure 72 hour notice outreach support before relocation include RV residents in decision making form a community advisory group with R V residents and co-design situation solutions and publicly share data on enforcement outcomes and program results the RV community isn't a nuisance we're neighbors we live here work here and want to be part of the solution sweeps and bans don't end homelessness they scatter real they scatter it real safety means stability sanitation and dignity San Jose can lead with compassion equity and innovation by working with this not against us the current situation safe parking San Jose currently operates two safe parking sites one on Barriesa Road spaces open to 2025 and one at the Santa Teresa light rail station but there are more than a thousand people living in vehicles citywide enforcement under the city's 3.3 million oversized and lived in vehicle enforcement pilot thank you that's your time next speaker I'm also going to call down Emma Salvador go ahead Emma Salvador and Gustavo come on down.
Go ahead is Manuel Cortes que today and luchando I am from the community that is still struggling.
Ah, I've been affected since the pandemic is already watching that or is that an option I had my mind, well, I lost it, and then I lost my house because I was left without a job with all the business on the street.
So that's the reason why I started living on a table in well.
It's a place where you make your own food.
You do everything that's necessary.
I am of the opinion that the city is spending money on hotels and.
And that is for the moment because they could grab him on a piece of land where they do.
For trailers not free and not paying one an affordable amount.
The places where there are, we are talking almost more than two thousand dollars for a month of parking.
So that's my opinion.
I don't know, and that's all.
Thanks.
Have a good afternoon.
Thank you, next speaker.
I just came to ask for my comfort.
Please listen to us.
We are asking for a space for our our birds.
That's all we ask of you.
We don't want to be treated like animals.
We are human beings who deserve a place where to park our mobile homes because it's our home.
And we will continue to fight until they hear us.
Please.
We are a community that cares for each other.
We are not criminals.
We are not a burden to you.
Spend more paying for hotels, food.
Security.
They are.
We just ask for a parking space where we can be quiet without being bothered by people moving from one place to another.
We are not.
We also have our expenses.
Moving, moving up and down.
Thank you.
Hey, my name is Emma.
Um I'm here also to read another one of the statements of another resident who was swept from Columbus Park and then swept from Calogan is now living with this RV community that is hoping for an extension at their current VTA spot or a permanent solution.
Um he wanted to share that if folks if the city um can please work with also all of the partners in BTA and the county to get them a permanent parking spot.
Um, because right now he feels like they're being thrown around as if it were just like a moving company, like as if they were just items being thrown around, and that they don't know what to do anymore.
Like it feels like they don't know if they're gonna have to move the next day, like they're being thrown around and running, running around in every direction, and this community has really just now speaking as myself.
Um this is a really powerful community as you all can see, and they really are just looking for um a place to park.
Um, and so anything that any member of the city council and mayor is able to do to they welcome you to meet with them, um welcome you to talk with them about potential solutions where they can have permanent parking together with their community and thank you to those of you who have already reached out and have already been supportive and hoping to continue partnering.
Thank you.
Next speaker, I'd also like to call Ha.
Um, Len Yo, Van Lee, and I oh hello, my name is Solo Fernandez.
Um I'm from coming from the community, and I'm from Victoria Irish Recovery and all that stuff for myself.
I just want to speak because I got family members there, and um, and I just want to speak for those people, hopefully they can get more time and all that stuff, you know.
They keep it clean, you know.
I know there's certain people that mess it up for all the kind of people.
Yeah, we understand, you know, that's life, you know.
But I speak for my family there, I got there and there's all working people there too.
There's business people there too, they can't make it through life, but when they change places to places to places to places, it's frustrating, mentally mentally ill for their minds too, you know.
That's why all this frustration is going off there that all this and that, a lot of suicide, people kill themselves and all that.
We don't need that, you know.
Hopefully you guys gotta touch something to help out, you know, keep them a permanent place so they can stay at.
I know there's places out there, you know, for them to feel peace in their mind and their heart, you know.
And I'm clear for myself, I got family member.
I go and help, spend my time to give them food and clean up to stay there and watch, you know, there's dogs too, you know.
There's there's kids, there's kids, you know, there's kids, very kids out there that we need to show that we're better, you know.
Um it's like it's sad.
It's sad, it's very sad because uh when I give myself, and I I came from that situation too, and and it's hard, and it's hard, and then with all this frustration moving, then moving, then moving, it's frustration is like they give up in life, and we can't give up in life.
We gotta show there's faith and hope.
A lot of people are to the last faith right now, to the last and with all that, it's like there's nothing else, you know.
So hopefully, you know, there's hopefully there's help out there, man.
You know, I speak from the heart and everything.
Hopefully, you guys were willing to help, you know, willing to help.
We're here, we and all that stuff.
Thank you.
Thank you, next speaker.
I'd also like to call I think it says Connie Wynn.
Um, another one.
It looks like it the name starts with an L and the last name maybe starts with a D.
Um Abdullah and Amanda, come on down.
Uh the mayor, my mayor, and uh, my name is Hio, and I have a bit of written copy of this statement for the rector.
On September 30, only a few hours after I spoke at this concept we know, stop up and remember Binduan, posted at the video of me on the Facebook.
She mocked me my grey hands, she mocked me my English, uh, she mocked me my edge, and called me effort to speak before you a waste.
She had already made earlier post, implying I was a pig with using VS V S G, like if you have the garden, and order joy into ridiculous me.
Let me clear.
It's just exercising my first amendment right is never west.
We live in the United States, not under territorial regime.
The city and its employee must protect every resident right to speak freely.
I am 75 years old.
I foul for freedom, democracy in Vietnam.
I go in prison a communist.
I escaped by boat, and I have worked hard, ever seen to contribute to country, and get the give me a shelter.
English is not my foot language, but I spoke that day with my senses, my anchor, my courage, and to be mocked mocked by city employees were shocking and meant to silence me.
That my pastor.
Thank you.
Thank you.
That's your time.
Next speaker.
But then the Lang Hungo, who's not you, they know away.
Strict rules.
They wait right.
The use of electronic means to harass or intimidate others is prohibited, and seniors are also protected.
Particularly in the face of serious emotional distress, public officials have an obligation to protect residents' constitutional rights and to treat all members of the community with respect.
Especially for seniors who have dedicated their lives to society, mocking or belittling an elderly person when they exercise their right to speak is unacceptable, undermines civic participation, and erodes public confidence.
I call the council.
Review this behavior and take appropriate action to ensure all employees adhere to professional and ethical standards.
Dirty gangsters must always be one plus one BND, where every voice is respected.
Elders are respected and harassment or intimidation is tolerated.
Unforgivable, then the times.
Pikachu music.
Larry Moody, come on down.
I have called all of the cards.
Turned in a card and did not hear your name.
Come on down.
Hello.
I'm here.
I'm continuing an earlier comment, speaking on behalf of uh an unhoused resident uh by the name of Yari, who wanted uh who was unable to make it uh and is not going well and wanted us to speak on her behalf today.
Um, and uh she wanted to add some context around the fact that safe parking currently uh in San Jose.
Um there are two safe parking sites.
Uh one has eighty-six spaces and the other has forty-two spaces.
Uh while the city of San Jose has over a thousand people living in vehicles citywide.
And so there is really the the ask is that there is a requirement for there to be safe parking sites that allow uh for as many people, you know, as live in cars to park in them.
Uh under the city's $3.3 million oversized and lived-in vehicle enforcement pilot.
San Jose rotates temporary tow away zones around the city.
And they are clearing up to 50 streets per year.
These actions destroy resident stability, property, and access to work or school.
And furthermore, in the policy context, the responsibility to shelter ordinance requires unhoused residents to accept shelter offers with potential penalties for refusal.
The new ban on band lording risks punishing both exploiters and vulnerable renters if not implemented carefully.
And and now I I speak a little bit on my behalf, that it is truly unconscionable, like the you know, you know, it's quite disconnected how much uh people's things are just being thrown away.
Like when you throw a person's RV and you throw away their entire home and housing for a uh for a temporary shelter.
Where is this person to stay?
Thank you that your time.
Next speaker.
Hi, my name is Van Lee, community activist, and trustee of Isaiah.
I want to share two Vietnamese provosts that every child in our culture learns from a very young age, and are people relevant to what happened to Mr.
Juhan.
The first is learned respect and morality before education, before learning subjects like reading or writing.
This value from the foundation of good character and leadership.
Mocking or humiliating anyone, especially an elder, is never acceptable.
Making fun of someone English is not a joke.
It is the form of bullying and discrimination that can cause lasting emotional and psychological harm.
The second one is Ken Lao Dakar.
Respecting elders bring longevity.
It's just that showing respect to our elders bring blessing and harmony to the community.
When elders like Mr.
Chiuha, who is in his 70s, spoke at public meeting last week, they deserve to be treated with dignity and compassion.
Publicly mockling, uh belitting them is not only cruel, it's also their mistrust in our institution and discouraged others from speaking up.
I was visibly deeply disappointed to learn the council member Don Staff member, Miss Quinning Ho humiliating an elder, a similar manner and mocked me on Facebook page by referring to me as a stupid trustee.
This behavior reminds me of an early incident when chief of staff Jonathan Fleming was sent to public humiliate me at the East Side Union High School District.
This repeated acts of disrespect to community member, especially elders, must stop.
Public service should be grounded in empathy, respect and accountability, not intimidation or demanding conduct.
I hope Councilmember Duane and his staff reflect on whether condemning their own community for political gain is something something to be proud of.
Leadership that united rather than divided.
Thank you.
Thank you, next speaker.
I mean, I think I talked to you, I mean, multiple occasions, right?
Um, probably all you guys got an email past the bug to where Mr.
Anthony City now, obviously, he's gone, right?
So my issue is is that when we did talk, right?
I believe I got cut off a couple times coming here, or it just fell off the loop, right?
And when you guys did post it that I came here, you guys said that I was speaking about me being homeless.
I think you guys forgot the fact of why I couldn't get a job.
And when I blatantly told you straight up about Sam Licardo, right?
Samuel Theodoro Macardo, right, your friend, um, you said you were against crime or anything that she was, you know, part of.
And you said you didn't want nothing to do with him.
But yet, two months later, you still endorsed them.
And then when I asked you again, you said, hey, I'll go down there, talk to innocent projects.
I told you, cohorts' witnesses destroyed the evidence.
So by the time the pill came up two years later, it was already destroyed.
And he started prior before the trial was even over.
Um he filed a motion to mislead the jury, and it's been a constant, constant, constant setback.
I had found a job, right, obviously in the union, but obviously with my record, nobody likes that, right?
It's a fucking horrible crime, right?
But in the end, when I did go to innocent projects, right, on your behalf, um, they never got a call from you.
And then when I called you back and talked to you, you said out of your own mouth was, oh, well, you have to go by the steps.
So you're telling me the mayor of one of the biggest cities in Northern California couldn't get me a sit down, like you said.
I mean, he still broke the law, right?
Going around telling people that, oh, I'm a fake person, you know, I'm this homeless rapist, right?
The fucking mammal that you had downtown, right?
Because when I seen him, what do you do?
Run to farmers union and hide.
Right?
And then you guys hire like a million cleaning people.
You know, so it's obvious I'm not lying.
That gentleman right there heard you.
Thank you, that's your time.
Next speaker.
Good afternoon.
Uh Honorable Mayor Mayhem, um, Vice Mayor Foley, members of the city council.
My name is Larry Moody.
I serve as the government affairs community liaison for job train, a workforce development organization that's celebrating our 60th year.
I'm looking at uh Councilmember Ortez, who's been very helpful for us for the past couple of years as we've navigated our way through San Jose and through Santa Clara County and San Mateo County.
We're celebrating our 60th year, right?
We're really excited about it.
We've found a way to be flexible, to be able to pivot, to to align our um communities with the workforce development opportunities that are made uh present because we live here in San Mateo County.
I mean, uh Silicon Valley.
Silicon Valley continues to be a place of opportunity, but we know in order for our residents to have a clear pathway towards an opportunity, they have to have a strategy towards economic development.
We believe that that's the North Star towards any resident within your districts, and certainly within the Bay Area right now.
Job Trainer's looking for an opportunity to maybe introduce your staff to come for a site visit, kind of learn how we do what we do, and more importantly, so that you can bring back our best practices to your workforce development organizations here locally.
Uh, we presently have an economic uh development center on North First Street, where we're helping individuals with resume preparation, job skill training, but we're looking to expand because we're also into seven different disciplines as well.
IT support, building and trade, construction work, medical assistance, certified nursing assistance, um culinary arts, and we're creating an opportunity for many individuals, right, to be in alignment with the opportunity.
Thank you, next speaker.
Uh, go young by night, where that might, by Danger.
My name is Long Dang, a resident of District 7.
Today, I speak out to express my support for Mr.
True High.
I have to come.
Her September 30th Facebook post by Ms.
Now, a district 7 employee under the authority of the counselor showed a serious lack of respect for the elders of the Hanoi Court.
His speech at this council, the fact that a city employee openly mocked netizens is a matter of concern and shame.
Public officials have a responsibility to support, respect, and appreciate all residents when they speak at these meetings, not ridicule them.
I mean, it's too happy.
All residents, especially seniors, thank you, next speaker.
Every average person deserves to be treated with dignity and respect.
I call on the city council to address this matter, ensure that all employees maintain professional conduct and reaffirm the freedom of speech, respect for all people, and especially seniors, civility and community dialogue are core values of the city of Sarah.
Thank you, Need Picad.
Printer or Mainski.
How pathetic.
This is the president of my Vietnamese community.
Since the day his horse won is president until now, it seemed like he's forgotten to eat and sleep, just to care for the community and fight for freedom, democracy, and human rights in Vietnam.
So much that his hair has turned gray and his face looked worn out.
Today, he went to City Hall, sat waiting the whole afternoon to ask the city council to protect his community.
His English was so fluent that Queenney could c only cut his bits and pieces.
Just my name and something like he called me a pig.
Well, then maybe next time Mr.
President should just think to speak in Vietnamese or write it down and read it in Vietnamese.
It would be clearer.
Because of his age, with fading strength, traveling all that way and waiting the whole afternoon.
Only for one to really understood anything.
Well, that's truly a wasted effort.
This kind of public mockery from City Pay, staff member told to an elderly community leader.
Thank you.
I lost my apartment.
I lost everything.
And this one, I tried to find a cheaper place, but unfortunately, everything here in San Jose is very expensive.
So I have family, and so I looked for the lowest ones.
So that's why I take a lot to save food for my family and everything.
And we're already angry that they're moving us around from one place to another when we're not settled, and we ask for help and get us a basic place.
I don't see anybody else like that.
Discussion Breakdown
Summary
San Jose City Council Meeting - October 7, 2025
The meeting opened with ceremonial proclamations celebrating arts, Indigenous heritage, and Filipino American history. The council then approved a significant philanthropic donation for a public peace monument and engaged in a detailed debate over the standards for a new list of pre-qualified city planning consultants. The session concluded with extensive public comment on issues including safe parking for the RV community and allegations of disrespectful conduct by a council staff member.
Consent Calendar
- Item 2.8 - Peace Monument Donation: The council unanimously approved a donation agreement with Diane Brandenburg for a peace monument and artwork by Mario Chiodo at Arena Green West. Councilmember Dev Davis recused himself due to a personal relationship with the donor.
Public Comments & Testimony
- On the Peace Monument: Donor Diane Brandenburg expressed her vision for the monument as an inspiration for peace. Project lead Kimberly Mulcahy and Arts Commissioner Janet Peace voiced strong support for the project. A representative for the artist read a statement about the monument's purpose. A speaker from Shark Sports and Entertainment supported the monument as a key part of downtown placemaking. Another speaker, while supportive of the gift, criticized city fees on privately-funded public park improvements.
- During Open Forum: Multiple RV residents and advocates called for expanded safe parking capacity, sanitation services, and a pause on enforcement sweeps until alternatives exist. They argued that current policies destroy stability and dignity.
- Allegations of Staff Misconduct: Multiple speakers, including Mr. Truong Hai, alleged that a District 7 council staff member mocked and belittled him on social media after he spoke at a previous council meeting. They called for the council to review this behavior and protect residents' rights to free speech and respect, especially for elders.
- Other Comments: A representative from JobTrain invited council members for a site visit. A speaker made allegations regarding a past criminal case and interactions with the mayor.
Discussion Items
- Item 3.4 - Master Service Agreements for Consulting Services: Staff requested approval for new master service agreements to expedite contracting for technical planning work in six areas (e.g., land use, environmental review).
- Councilmember Kamei sought clarification that consultants are for specialized or peak-load needs and suggested evaluating if recurring needs warrant hiring full-time staff.
- Councilmember Mulcahy raised significant concerns about potential conflicts of interest, the low qualifying score (60/100) for inclusion on the list, and the inclusion of a firm that scored a 43 in one category. She argued the low bar could lead to inferior work and voted against the item.
- Mayor Mahan questioned how the city ensures these consultants adapt to streamlined processes (like CEQA reform) and do not perpetuate delays. Staff affirmed they hold consultants accountable and are focused on efficiency.
- Councilmember Torcillas inquired about mechanisms to remove underperforming firms from the list.
Key Outcomes
- Peace Monument Donation: Motion to approve item 2.8 passed unanimously.
- Master Service Agreements: Motion to approve item 3.4 passed with a vote of 8-3. Councilmembers Dev Davis, Sergio Jimenez (Mulcahy), and Bien Doan voted no.
- Directives/Referrals: Staff committed to providing more detailed data on project timelines and to monitoring consultant performance with the ability to remove firms from the master list if necessary.
Meeting Transcript
All right, good afternoon, everyone. Good afternoon and welcome. I would like to call this meeting of the San Jose City Council to order for the afternoon of October seventh. Tony, would you please call the role? Come. Campos. Present. Tordillos? Here. Cohen? Here. Ortiz? Present. Here. Juan. Candeles. Here. Casey. Foley? Here, Mahan. Here. You have a quorum. Great. Thank you very much. Now, if you're able, please stand and join us in the Pledge of Allegiance. I pledge the ladies to the flag of the United States of America. And to the Republic over which it stands. Today's invocation will be provided by the Dartmouth Middle School Band Ensemble, and Vice Mayor Foley will tell us more. Thank you, Mayor. For today's invocation, I'm thrilled to be joined by a special group from Dartmouth Middle School, a partial ensemble from their outstanding school band led by Director Jonathan Pu. Each year, I'm proud to host Music in the Valley, an event that celebrates community and the incredible musical talent of our local students. While today we're joined by just a few of Dartmouth's talented musicians, their full Eagle Band with about a hundred and twenty members always brings down the house at Music in the Valley. I'm delighted to have them here this afternoon and can't wait to welcome them back to our fifth annual Music in the Valley and my final one as council member next May. Without further delay, I pass the microphone off to off to Mr. Pu, who I understand will introduce a couple of students to speak. Thank you for being here. Thank you for having us, Vice Mayor. Robin and Johnny are going to do a little introduction for us. Good afternoon. We are a few members of the Dartmouth Middle School Symphonic Band. Thank you so much for inviting us to perform for the invocation today. We will perform the song for good from the musical Wicked. We wanted to dedicate this song to Vice Mayor Pam Foley and thank her for being so supportive supportive of music and performing arts in schools. What a beautiful performance. Thank you so much. It's a great way to start our city council meeting today again. That was the Dartmouth Middle School Band Ensemble. Would you give them one more round of applause with me? Thank you. And thank you to Vicemar Foley, who's uh leading our invocations this month for highlighting the talent of our some of our local students.