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City Council

Tuesday, February 10, 2026 · 1:30 PM AM · Council Chambers

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Agenda PDF

Agenda

  1. Please scroll to the end for information about the City Council Agenda and for the Rules of Conduct of the meeting.
  2. Public Comment in Person Only
  3. For live translations in over 50 languages, please go to https://attend.wordly.ai/join/FAYU-7105
  4. American Disability Act
  5. To request an alternative format agenda under the Americans with Disabilities Act for City-sponsored meetings, events or printer materials, please call (408) 535-1260 as soon as possible, but at least three business days before the meeting.
  6. Accommodations
  7. Any member of the public who needs accommodations should email the ADA Coordinator at ADA@sanjoseca.gov or by calling (408) 535-8430. The ADA Coordinator will use their best efforts to provide reasonable accommodations to provide as much accessibility as possible while also maintaining public safety in accordance with the City procedure for resolving reasonable accommodation requests. • Adaptaciones para discapacitados serán proporcionadas a pedido. Mande correo electrónico ADA@sanjoseca.gov; Llame (408) 535-8430. • Bất kỳ ai trong công-đồng cần sự hỗ-trợ xin gửi điện-thư cho Điều-phối-viên ADA theo địa-chỉ ADA@sanjoseca.gov hoặc gọi đến số (408) 535-8430.
  8. THE LEVINE ACT
  9. The Levine Act requires a Party in a Proceeding before the City of San José that involves any action related to their contract, license, permit, or use entitlement to disclose any campaign contributions to City elected or appointed officials totaling more than $500 within the 12 months prior to the City decision. A Participant to a Proceeding may voluntarily report a campaign contribution. For more information: https://www.sanjoseca.gov/your-government/appointees/city-clerk/levine-act/-fsiteid-1#!/
  10. How to observe the Meeting (no public comment):
  11. 1) Cable Channel 26. 2) https://sanjoseca.gov/news-stories/watch-a-meeting 3) https://youtube.com/CityofSanJoseCalifornia 4) By Phone: (888) 475 4499. Webinar ID is 935 5874 4255. Alternative phone numbers are: US: +1 (213) 338-8477 or +1 (408) 638-0968 or (877) 853-5257 (Toll Free). 5) Online at: https://sanjoseca.zoom.us/j/93558744255 Use a current, up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionality may be disabled in older browsers including Internet Explorer.
  12. How to submit written Public Comment before the City Council Meeting:
  13. By email to city.clerk@sanjoseca.gov by 8:00 a.m. the day of the meeting. Those emails will be attached to the Council Item under “Letters from the Public.” Please identify the Agenda Item Number in the subject line of your email.
  14. How to provide spoken Public Comment during the City Council Meeting:
  15. You may speak to the City Council about any discussion item that is on the agenda, and you may also speak during Open Forum on items that are not on the agenda and are within the subject matter jurisdiction of the City Council. Please be advised that, by law, the City Council is unable to discuss or take action on issues presented during Open Forum. According to State Law (the Brown Act) items must first be noticed on the agenda before any discussion or action. Each speaker generally has two minutes to speak per item. The total amount of time allocated for public testimony for each public speakers or for an agenda item may be limited at the Mayor’s discretion, depending on the number of speakers or the length of the agenda. (California Government Code Section 54954.3; Council Policy 0-37) Fill out a Yellow Speaker’s Card and submit it to boxes at the bottom of the Chambers. Do this before the meeting or before the item is heard. This will ensure that the name on the card is called for the item(s) that you wish to address, and it will help ensure the meeting runs smoothly for all participants by calling speakers in an orderly manner. You may remain anonymous, but please fill out a card so we may call you. You can put “anonymous speaker” or “no name” on the card. When the Council reaches your item on the agenda, the Mayor will open the public hearing and call your name. Please address the Council from the podium, which is located to the left of the City Clerk’s table. To assist you in tracking your speaking time, there is a display on the podium. The green light turns on when you begin speaking; the yellow light turns on when you have 30 seconds left; and the red light turns on when your speaking time is up.
  16. Call to Order and Roll Call
  17. Closed Session, Call to Order in Council Chambers Open Session, Labor Negotiations Update (See Item 3.2) Adjourn to Closed Session in Council Chambers Conference Room, W133 See Separate Agenda
  18. 26-133 Closed Session Agenda
    Closed Session Agenda
  19. Regular Session, Council Chambers, City Hall
  20. Evening Session, Council Chambers, City Hall – Cancelled *The previously scheduled Evening Session has been cancelled.
  21. Pledge of Allegiance
  22. Invocation (District 2)
  23. Jahmal Williams, Sawubona
  24. Orders of the Day
  25. Items recommended to be added, dropped, or deferred are usually approved under Orders of the Day unless the Council directs otherwise.
  26. Adjournment Recognition
  27. This meeting will be adjourned in memory of Ken Heredia who passed away on December 2, 2025.  Ken was a devoted husband, father, and grandfather who proudly served the San José Fire Department for 30 years. Ken also served as San José IAFF Union President and Battalion Chief, where he was widely respected for his compassion, professionalism, and calm leadership. He will be remembered for his strength, warmth, quiet humor, and lasting impact on the fire service community in San José.
  28. Closed Session Report
  29. CEREMONIAL ITEMS
  30. Presentation of a proclamation declaring February 17, 2026 as Vietnamese New Year (Tết Celebration) to recognize the Vietnamese population in San José and welcome the Lunar New Year. (Doan)
  31. Presentation of a proclamation recognizing February 2026 as American Heart Month, raising awareness on heart health and the prevention of heart disease and stroke in the City of San José. (Candelas)
  32. Presentation of a proclamation recognizing February as Black History Month in the City of San Jose, honoring the history, culture, and contributions of African Americans. (Kamei)
  33. CONSENT CALENDAR
  34. Notice to the public: There will be no separate discussion of Consent Calendar items as they are considered to be routine by the City Council and will be adopted by one motion. If a member of the City Council requests discussion on a particular item, that item may be removed from the Consent Calendar and considered separately.
  35. Approval of City Council Minutes.
  36. Final Adoption of Ordinances.
  37. Approval of Council Committee Minutes.
  38. 26-132 Approval of Council Committee Minutes.
    Approval of Council Committee Minutes

    (a) Regular Joint Meeting for the Rules and Open Government Committee Minutes of January 21, 2026. CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments, Annual Reports, and Informational Memos that involve no approvals of any City action.

  39. Mayor and Council Excused Absence Requests.
  40. City Council Travel Reports.
  41. Report from the Council Liaison to the Retirement Boards.
  42. 2.7 Amicus Curie Brief Authority.
    Consent Agenda

    Authorize the City Attorney to join Amicus Curiae briefs filed on behalf of public agencies arising from federal actions that impact: (a) Funding to the City of San José; (b) City operations, programs and services; or (c) Directly conflict with City policies and City Council authority to establish policy. CEQA: Not a Project, File No. PP17‑010 City Organizational and Administrative Activities resulting in no changes to the physical environment. (City Attorney)

  43. 2.8 Acceptance of the Retirement Plans’ Annual Comprehensive Financial Reports for Fiscal Years Ended June 30, 2025 and June 30, 2024.
    Consent Agenda

    (a) Accept the Police and Fire Department Retirement Plan Annual Comprehensive Financial Report for the Fiscal Years ended June 30, 2025 and June 30, 2024; and (b) Accept the Federated City Employees’ Retirement System Annual Comprehensive Financial Report for the Fiscal Years ended June 30, 2025 and June 30, 2024. CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments, Annual Reports, and Informational Memos that involve no approvals of any City action. (Retirement Services)

  44. 2.9 Approval of the Community Leaders Networking Breakfast Event Sponsored by Council District 9 as a City Council Sponsored Special Event to Expend City Funds and Accept Donations of Materials and Services for the Event.
    Consent Agenda

    As recommended by the Rules and Open Government Committee on January 28, 2026: (a) Approve the Community Leaders Networking Breakfast Event scheduled on February 12, 2026 as a City Council sponsored Special Event and approve the expenditure of funds. (b) Approve and accept donations from various individuals, businesses or community groups to support the event. CEQA: Not a Project, File No. PP17-011, Temporary Special Events resulting in no changes to the physical environment. (Foley) [Rules Committee referral 1/28/2026 - Item B.5]

  45. STRATEGIC SUPPORT
  46. Report of the City Manager, Jennifer Maguire (Verbal Report).
  47. Labor Negotiations Update.
  48. 3.3 2025-2026 Mid-Year Budget Review.
    Strategic Support

    (a) Approve the 2025-2026 Mid-Year Budget Review Report. (b) Adopt related Appropriation Ordinance and Funding Sources Resolution amendments in various funds as detailed in Section III (Recommended Budget Adjustments and Clean-Up Actions) of the 2025-2026 Mid-Year Budget Review Report. CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments, Annual Reports, and Informational Memos that involve no approvals of any City action; and File No. PP17-004, Government Funding Mechanism or Fiscal Activity with no commitment to a specific project which may result in a potentially significant physical impact on the environment. (City Manager)

  49. 3.4 Potential Ballot Measure Increasing Transient Occupancy Tax.
    Strategic Support

    Adopt a resolution: Adopt a resolution: (a) Calling and giving notice, on its own motion, for a Special Municipal Election to be consolidated with the statewide direct primary election occurring in the County of Santa Clara on June 2, 2026, to submit to the electors of the City of San José a measure to amend the San José Municipal Code to increase the City’s General Fund portion of the Transient Occupancy (hotel) Tax from 4% to 6%, with the following statement of the measure to be printed in the ballot: To fund essential city services including police and fire emergency response; address homeless encampments impacting parks, neighborhoods, and waterways; remove trash, illegal dumping, and graffiti; and maintain trails, playgrounds, recreational facilities, and park restrooms, shall an ordinance be adopted increasing the general fund transient occupancy (hotel) tax from 4% to 6%, generating approximately $10 million annually, and paid by hotel/motel guests, until repealed by voters? (b) Directing the City Clerk to, pursuant to Elections Code Section 12111, cause a synopsis of the proposed measure to be published at least one time not later than one week before the election in the San José Mercury News, a newspaper of general circulation within the City of San José, instead of printing the full text of the measure in the sample ballot; (c) Authorizing the Mayor to submit a ballot argument in support of the measure, pursuant to Elections Code Section 9282; (d) Authorizing the submittal of rebuttal arguments pursuant to Elections Code Section 9285; (e) Directing the City Attorney to prepare an Impartial Analysis, where, as authorized under Elections Code Section 9280, the following statement will be printed in the Impartial analysis to be prepared by the City Attorney: “If you would like to read the full text of the measure, see [web address to be determined] or call 408-535-1260 and a copy will be sent at no cost to you”; and (f) Directing the City Clerk to take all actions necessary to place this measure for the June 2, 2026 Special Municipal Election. CEQA: Not a Project. File No. PP17-004, Government Funding Mechanism or Fiscal Activity with no commitment to a specific project which may result in a potentially significant physical impact on the environment. (City Manager)

  50. PUBLIC SAFETY SERVICES
  51. TRANSPORTATION & AVIATION SERVICES
  52. ENVIRONMENTAL & UTILITY SERVICES
  53. 6.1 2026 Power Content and Rates.
    Environmental & Utility Services

    Adopt a resolution: (a) Maintaining the renewable energy content of GreenSource at 62% renewable and set rates according to the rate schedule in Attachment A of the staff memorandum, effective March 1, 2026; (b) Continuing to set the rate for TotalGreen to $0.01 per kilowatt-hour above GreenSource for all rate schedules according to the rate schedule in Attachment B of the staff memorandum, effective March 1, 2026, and maintain the renewable energy content of TotalGreen at 100% renewable; and (c) Maintaining the renewable energy content of SJ Cares at 62% renewable and set rates at a 10% discount to GreenSource rates, according to the rate schedule in Attachment C of the staff memorandum, effective March 1, 2026. CEQA: Not a Project, File No. PP17-005, Adjustment to Fees, Rates and Fares, resulting in no changes to the physical environment. (Energy)

  54. NEIGHBORHOOD SERVICES
  55. COMMUNITY & ECONOMIC DEVELOPMENT
  56. 8.1 Public Hearing on the 2026 Weed Abatement Commencement Report and the Removal of Weeds or Refuse.
    Community & Economic Development

    Conduct a Public Hearing and adopt a resolution: (a) Overruling any and all objections to the 2026 Weed Abatement Commencement Report; and (b) Directing the County of Santa Clara’s Consumer and Environmental Protection Agency - Weed Abatement Program to abate the seasonal and/or recurrent public nuisances on those properties identified in the 2026 Weed Abatement Commencement Report pursuant to Chapter 9.12 of Title 9 of the San José Municipal Code and the Weed Abatement Program Agreement between the City of San José and the County of Santa Clara. CEQA: Categorically Exempt, File No. ER25-245, CEQA Guidelines Section 15301(h) Existing Facilities. (Planning, Building and Code Enforcement)

  57. REDEVELOPMENT – SUCCESSOR AGENCY
  58. LAND USE
  59. Notice to the public: There will be no separate discussion of Land Use Consent Calendar (Item 10.1) as they are considered to be routine by the City Council and will be adopted by one motion. If a member of the City Council requests discussion on a particular item, that item will be removed from the Land Use Consent Calendar (Item 10.1) and considered separately.
  60. Land Use on Consent Calendar
  61. No Land Use items on Consent Calendar.
  62. END OF CONSENT CALENDAR
  63. Land Use - Regular Agenda
  64. 10.2 CP24-036 & ER24-304 - Administrative Hearing on the Appeal of the Planning Commission’s Denial of a Conditional Use Permit Located at 1692 Story Road.
    Land Use Consent Agenda

    (1) Conduct an Administrative Hearing to consider the appeal of the Planning Commission’s denial of a Conditional Use Permit to allow late-night use (until 2:00 a.m. Friday through Sunday) for an existing public eating establishment within an existing approximately 7,442-square-foot tenant space on an approximately 3.34-gross-acre site, located on the southwestern side of South King Road approximately 150 feet northwest of the South King Road and Marsh Street intersection, (1692 Story Road Suite #100). (2) Adopt a resolution denying the permit appeal and denying a Conditional Use Permit to allow late-night use (until 2:00 a.m. Friday through Sunday) for an existing public eating establishment within an existing approximately 7,442-square-foot tenant space on an approximately 3.34-gross-acre site, located on the southwestern side of South King Road approximately 150 feet northwest of the South King Road and Marsh Street intersection, (1692 Story Road Suite #100). CEQA: If denied: Exempt, File No. ER24-304, per CEQA Guidelines Section 15270 for projects which are denied. If approved: Exempt per CEQA Guidelines Section 15301 for Existing Facilities. Council District 7. (Planning, Building, and Code Enforcement)

  65. Open Forum
  66. Members of the Public are invited to speak on any item that does not appear on today’s Agenda and that is within the subject matter jurisdiction of the City Council. Members of the public may only speak at Open Forum once.
  67. Adjournment
  68. This meeting will be adjourned in memory of Ken Heredia who passed away on December 2, 2025.  Ken was a devoted husband, father, and grandfather who proudly served the San José Fire Department for 30 years. Ken also served as San José IAFF Union President and Battalion Chief, where he was widely respected for his compassion, professionalism, and calm leadership. He will be remembered for his strength, warmth, quiet humor, and lasting impact on the fire service community in San José.
  69. All public records relating to an open session item on this agenda, which are not exempt from disclosure pursuant to the California Public Records Act, that are distributed to a majority of the legislative body will be available for public inspection online at https://sanjose.legistar.com/Calendar.aspx or at the Office of the City Clerk at San José City Hall, 200 E. Santa Clara Street, Tower 14th Floor, San José, CA 95113 at the same time that the public records are distributed or made available to the legislative body. Any draft contracts, ordinances and resolutions posted on the Internet site or distributed in advance of the Council meeting may not be the final documents approved by the City Council. Please go to the Clerk’s Records Database https://records.sanjoseca.gov/Pages/Search.aspx for the final document, or you many also contact the Office of the City Clerk at (408) 535-1260 or CityClerk@sanjoseca.gov.
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