City Council

Agenda

1. Please scroll to the end for information about the City Council Agenda and for the Rules of Conduct of the meeting.
2. For live translations in over 50 languages, please go to https://attend.wordly.ai/join/FAYU-7105 Also visit our language access page at: https://www.sanjoseca.gov/your-government/appointees/city-clerk/language-access-for-city-council-and-council-committee-meetings
3. 26-602 Language Access Instructions / Instrucciones de interpretación / Hướng dẫn diễn giải
   Consent Agenda
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
11. 1) Cable Channel 24 2) https://sanjoseca.gov/news-stories/watch-a-meeting 3) https://youtube.com/CityofSanJoseCalifornia 4) By Phone: (888) 475 4499. Webinar ID is 982 2147 4336. 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/98221474336 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. Members of the public are encouraged to submit written comments to the City Council via email at city.clerk (at) sanjoseca.gov. 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. To ensure comments are published and distributed to the Council prior to the meeting, please submit them no earlier than 10 days before the meeting and no later than 5:00 p.m. on the day before the meeting. Comments received after 5:00 p.m. on the day before the meeting may still be posted before the meeting, depending on the volume of submissions received.
14. You may speak to the City Council about any discussion item that is on the agenda and under Open Forum for City Business that is not on the agenda.
15. To Speak in Person: Fill out a 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 and on the screen above you. 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. To Speak Online: Raise your hand in the Zoom application. Speakers are called in order. When we reach your name, the City Clerk will give you permission to speak and a pop-up will appear on your screen letting you know it’s your turn.
17. Call to Order and Roll Call
18. 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
19. 26-879 Closed Session Agenda
    Closed Session Agenda
20. Regular Session, Council Chambers, City Hall
21. Pledge of Allegiance
22. Invocation (District 7)
23. Association of Indo Americans
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. Closed Session Report
28. CEREMONIAL ITEMS
29. Presentation of a proclamation declaring August 24-30, 2026, as Silicon Valley Pride Week to recognize the City of San José’s vibrant and diverse LGBTQ+ community. (Foley, Tordillos, Cohen)
30. Presentation of a commendation recognizing Brian Adams for his longstanding dedication and services to Bellarmine College Preparatory and for his contributions to strengthening the Bellarmine community. (Mulcahy)
31. Presentation of a proclamation recognizing August 2026 as Artist Appreciation Month and celebrating the important contributions of artists to the cultural vibrancy, creativity, and diversity of the City of San José. (Candelas)
32. CONSENT CALENDAR
33. 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.
34. Approval of City Council Minutes.
35. Final Adoption of Ordinances.
36. 26-880 Final Adoption of Ordinances.
    Final Adoption of Ordinance

    (a) Ordinance No. 31339 - An Ordinance of the City of San José Amending Section 3.48.070 of Chapter 3.48, Title 3 of the San José Municipal Code. [Passed for Publication on 8/11/2026 - Item 2.9(a) (26-818)] (b) Ordinance No. 31341 - An Ordinance of the City of San José Amending Sections 2.08.050, 2.08.060, 2.08.820, 2.08.1020, 2.08.1600, 2.08.2140, 2.08.2640, 2.08.2830, 2.08.3240, And Repealing Sections 2.08.1610, 2.08.1650, Part 22 and Part 34 of Chapter 2.08 of Title 2 of the San José Municipal Code to: (1) Streamline the Appointment Process; (2) Sunset the Neighborhoods Commission; and (3) Dissolve the Council Appointment Advisory Commission . [Passed for Publication on 8/11/2026 - Item 3.8(b) (26-841)] (c) Ordinance No. 31342 - An Ordinance of the City of San José Rezoning Certain Real Property of Approximately 5.02-Gross Acres, Situated on the North Side of Rue Ferrari, Approximately 450 Feet West of Silicon Valley Boulevard (5891 Rue Ferrari; APN 678-05-053), from the IP Industrial Park Zoning District to the CIC Combined Industrial/Commercial Zoning District. [Passed for Publication on 8/11/2026 - Item 10.1(a)(1) (26-838)]

37. Approval of Council Committee Minutes.
38. 26-885 Approval of Council Committee Minutes.
    Approval of Council Committee Minutes

    (a) Regular Joint Meeting for the Rules and Open Government Committee Minutes of August 5, 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 Actions Related to the San José Clean Energy SJ Cares Program Expansion.
    Consent Agenda

    Adopt a resolution: (a) Expanding San José Clean Energy’s SJ Cares program to customers who are residents of affordable apartments as identified by the San José Housing Department, including an additional approximately 2,384 affordable units since the SJ Cares’ program creation on February 6, 2024; and (b) Authorizing the future enrollment in SJ Cares of residents of affordable housing units added to the San José Housing Department's affordable apartments list, without further City Council action. 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. (Energy)

43. 2.8 Portuguese Organization for Social Services and Opportunities Funding Increase.
    Consent Agenda

    (a) Adopt a resolution authorizing the Housing Director, or his designee, to negotiate and execute the Third Amendment to the Grant Agreement with the Portuguese Organization for Social Services and Opportunities for the Senior Access and Health Support Program to increase compensation by $200,000 for the July 1, 2026, through June 30, 2027, term, for a total grant award for that term not to exceed $564,533.70, with the compensation increase effective retroactively to July 1, 2026. (b) Adopt the following 2026-2027 Appropriation Ordinance amendments in the Multi-Source Housing Fund: (1) Decrease the Unrestricted Ending Fund Balance by $200,000; and (2) Re-establish the HCA Healthcare/Good Sam appropriation to the Housing Department in the amount of $200,000. CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. (Housing/City Manager)

44. 2.9 Amendment to the City Pay Plan.
    Consent Agenda

    Adopt a resolution amending the City of San José Pay Plan, effective August 25, 2026, to create the Council Executive Assistant (U) (8025) classification with an annual pensionable salary range of $79,469.50 to $104,662.00. CEQA: Not a Project, File No. PP17-008, General Procedure and Policy Making resulting in no physical changes to the environment. (Human Resources)

45. 2.10 Amendment to the Amended and Restated Agreement for the Abatement of Weeds by the County of Santa Clara for the City of San José.
    Consent Agenda

    Adopt a resolution authorizing the City Manager, or her designee, to execute a Second Amendment to the Amended and Restated Agreement for the Abatement of Weeds by the County of Santa Clara for the City of San José to: (a) Update and streamline the County of Santa Clara’s annual reporting requirements to the City; (b) Clarify and formalize the current process, including the roles and responsibilities of the County of Santa Clara and City of San José, for collecting the County of Santa Clara’s abatement fees through special assessment liens on property tax bills; (c) Add a provision allowing the County of Santa Clara to bill the City of San José for its proportional share of fixed program costs not to exceed $100,000 if countywide collections are insufficient to cover those costs, unless both parties agree to a different amount. (d) Update Exhibit A entitled “Schedule of Performance” in the Agreement to reflect the revised services and reporting timelines. CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. (Planning, Building, and Code Enforcement)

46. 2.11 Report on Bids and Award of Contract for the 10602 - OBAG 2 Cherry Ave, Federal Project No. STPL-5005 (177).
    Consent Agenda

    (a) Report on bids and award of a contract for the construction of 10602 - OBAG 2 Cherry Ave, Federal Project No. STPL-5005 (177) Project to the lowest responsive, responsible bidder, O’Grady Paving, Inc., in the amount of $1,135,347.40; and (b) Approve a 10% contingency in the amount of $113,535. CEQA: Categorically Exempt, File No. ER24-313, CEQA Guidelines Section 15301(c) - Existing Facilities. Council District 9. (Transportation)

47. STRATEGIC SUPPORT
48. Report of the City Manager, Jennifer Maguire (Verbal Report).
49. Labor Negotiations Update.
50. 3.3 2026 General Election Statewide Ballot Measures.
    Strategic Support

    Adopt a resolution taking the following positions on statewide ballot measures that are qualified for the California general election on November 3, 2026, and authorize the City Manager’s Office of Administration, Policy, and Intergovernmental Relations to issue letters of support or opposition in accordance with City Council direction. (a) Proposition 37: California Middle-Class Homeownership and Family Home Construction Act - SUPPORT (b) Proposition 43: Local Taxes Limitation - Assembly Constitutional Amendment - OPPOSE CEQA: Not a Project, File No. PP17-010, City Organizational and Administrative Activities resulting in no changes to the physical environment. (City Manager)

51. 3.4 Grant of Franchise to Tokay Energy Storage 1, LLC for Electric Services for Public Rights-of-Way.
    Strategic Support

    (a) Adopt a resolution authorizing the City Manager, or her designee, to negotiate and execute a Memorandum of Understanding to secure a performance and partnership agreement and a Community Benefit Agreement. (b) Conduct a Public Hearing and approve an ordinance granting a franchise to Tokay Energy Storage 1, LLC for the purpose of transmitting electric service in the City’s public rights-of-way. CEQA: Community Plan Exemption, File No. CP24-015, CEQA Guidelines Section 15183, Projects Consistent with a Community Plan or Zoning. Council District 10. (Public Works)

52. PUBLIC SAFETY SERVICES
53. TRANSPORTATION & AVIATION SERVICES
54. 5.1 Agreement for Professional Consultant Services for On-Call Planning and Environmental Services at San José Mineta International Airport.
    Transportation & Aviation Services

    Adopt a resolution authorizing the City Manager or her designee to negotiate and execute three Master Consultant Agreements with Landrum and Brown, Incorporated., HNTB Corporation, and Ricondo & Associates, Inc for on-call planning and environmental services at San José Mineta International Airport, in an amount not to exceed $10,000,000 for each agreement for a term of five years from the date of execution by the City and for a total expenditure for all executed Master Consultant Agreements not to exceed $10,000,000. CEQA: Not a Project, File No. PP17-002, Consultant services for design/study/inspection, or other professional services with no commitment to future action. Council District 6. (Airport)

55. 5.2 Response to the Santa Clara County Civil Grand Jury Report Entitled “Pothole Damage: Improving claims processes within Santa Clara County.”
    Transportation & Aviation Services

    Approve the response to the June 12, 2026, Santa Clara County Civil Grand Jury Report entitled, “Pothole Damage: Improving claims processes within Santa Clara County.” CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments, and Annual Reports, and Informational Memos that involve no approvals of any City action. (Transportation)

56. 5.3 Response to Santa Clara County Civil Grand Jury Report Entitled “VTA’s Management and Oversight of BART Silicon Valley Phase II.”
    Transportation & Aviation Services

    Approve the Department of Transportation’s response to the June 17, 2026, Santa Clara County Civil Grand Jury Report entitled, “VTA’s Management and Oversight of BART Silicon Valley Phase II.” CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments, and Annual Reports, and Informational Memos that involve no approvals of any City action. (Transportation)

57. ENVIRONMENTAL & UTILITY SERVICES
58. 6.1 Amendments to the Fish Lake Geothermal Power Purchase Agreement.
    Environmental & Utility Services

    Adopt a resolution authorizing the Director of the Energy Department or her designee to negotiate and execute any necessary documents to continue the City of San José’s participation in the Fish Lake geothermal project pursuant to the terms of the First Amendment to the California Community Power's Power Purchase Agreement with Fish Lake Geothermal LLC, with any non-material modifications developed, as appropriate, in consultation with the City Attorney, and subject to the annual appropriation of funds, in an amount not to exceed $3,200,000 annually (previously $1,900,000) and $64,000,000 in aggregate (previously $38,000,000) in Calendar Years 2027 through 2047. CEQA: Not a Project, File No. PP17-003. Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. (Energy)

59. NEIGHBORHOOD SERVICES
60. COMMUNITY & ECONOMIC DEVELOPMENT
61. 8.1 Exclusive Negotiation Agreement and Right of Entry with LH Housing for the Development of Affordable Housing at 71 Vista Montana.
    Community & Economic Development

    Adopt a resolution authorizing the Housing Director, or his designee, to negotiate and execute a: (a) Two-year Exclusive Negotiation Agreement with the possibility of two six-month extensions, at the City’s discretion, and any ancillary documents with LH Housing or its affiliates for the final proposal of an affordable housing development project on the 71 Vista Montana property; and (b) Right of Entry Agreement with LH Housing or its affiliates to allow access to the 71 Vista Montana property to conduct the due diligence necessary to satisfy the milestones to be set forth in the Exclusive Negotiation Agreement. CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. Council District 4. (Housing)

62. 8.2 Multifamily Housing Incentive Program Residential Tax and Fee Waiver for the Development Project Located at 210 Baypointe Parkway.
    Community & Economic Development

    (a) Conduct a public hearing to approve an economic development tax and fee waiver in connection with a reduction in construction taxes and a reduction of the Inclusionary Housing Ordinance in-lieu fee for the residential development located at 210 Baypointe Parkway, which meets the requirements of the Multifamily Housing Incentive Program enacted by the City Council on December 10, 2024, and extended on May 13, 2025 and January 27, 2026, in an amount up to $5,130,775 pursuant to California Government Code Section 53083 and Open Government Resolution No. RES2024-99 Section 2.3.2.6.C. (b) Adopt a resolution approving the tax and fee waiver in an amount up to $5,130,775 for the 210 Baypointe Parkway residential development and authorizing the Housing Director, or their designee, to negotiate and execute documents and document amendments related to implementing the Multifamily Housing Incentive Program, such as construction progress agreements. CEQA: Environmental Impact Report for 210 Baypointe Residential Development Project, adopted by the Director of Planning, Building and Code Enforcement on October 9, 2024 (Planning Director Resolution 24-031), File No. H22-037. Council District 4. (Housing)

63. REDEVELOPMENT – SUCCESSOR AGENCY
64. LAND USE
65. 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.
66. Land Use on Consent Calendar
67. No Land Use items on Consent Calendar.
68. END OF CONSENT CALENDAR
69. Land Use - Regular Agenda
70. 10.2 CP25-025 & ER25-026 - Conditional Use Permit for Certain Real Property Located at 163 West Santa Clara Street (San Pedro Social).
    Land Use Regular Agenda

    Adopt a resolution denying a Conditional Use Permit to allow a nightclub/bar use with late-night hours until 2:00 A.M. in an existing approximately 15,600-square-foot tenant space on an approximately 0.25-gross-acre site, on the north side of West Santa Clara Street, approximately 140 feet from Almaden Avenue (163 West Santa Clara Street) (APN259-35-062). CEQA: Exempt under CEQA Guidelines Section 15270 Projects Which are Disapproved. Council District 3. (Planning, Building, and Code Enforcement)

71. Open Forum
72. 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.
73. Adjournment
74. 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 city.clerk@sanjoseca.gov.