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
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
12. How to provide spoken Public Comment:
13. 1) 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) a. When prompted to enter your Participant ID, please dial the pound symbol (#); If you would like to raise or lower your hand at any time, please dial * 9. You may dial * 6 to mute/unmute. 2) Online at: https://sanjoseca.zoom.us/j/98221474336 a. 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. Mute all other audio before speaking. Using multiple devices can cause audio feedback. b. Enter an email address and name. The name will be visible online and will be used to notify you that it is your turn to speak. c. When the Mayor calls for the item on which you wish to speak, click on “raise hand.” 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 is your turn. d. When called, please limit your remarks to the time limit allotted. 3) In Person:
14. 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.
15. How to submit written Public Comment before the City Council Meeting
16. Members of the public are encouraged to submit written comments to the City Council via eComment on the legistar calendar page (the eComment is the column on the far right). Click "eComment," and it will take you to the eComment page to leave comments via an easy webform. Alternatively, you may still email at city.clerk@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. eComments post immediately to the website. For emailed comments, 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. 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.
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. 26-1074 Closed Session Agenda
    Closed Session Agenda
20. Regular Session, Council Chambers, City Hall
21. Evening Session, Council Chambers, City Hall – Cancelled *The previously scheduled Evening Session has been cancelled.
22. Pledge of Allegiance
23. Invocation (District 9)
24. Union Middle School Jazz Combo
25. Orders of the Day
26. Items recommended to be added, dropped, or deferred are usually approved under Orders of the Day unless the Council directs otherwise.
27. Adjournment Recognition
28. Closed Session Report
29. CEREMONIAL ITEMS
30. Presentation of a proclamation recognizing National Disability Employment Awareness Month (NDEAM) to reaffirm the City of San José’s dedication to ensuring equal opportunities and access for all. (Foley, Kamei, & Casey)
31. Presentation of a commendation honoring Vita Fota at 102 years old and celebrating her more than 70 years as a San José resident, including her service as a Rosie the Riveter and contributions to the Italian American community and the City of San José. (Doan)
32. Presentation of a proclamation honoring October 25, 2026, as the Republic of China (Taiwan) Day in the City of San José. (Ortiz)
33. Presentation of commendation to CEFCU, San José Water, and the San José Conservation Corps, whose collaboration with the Department of Parks, Recreation, and Neighborhood Services demonstrate the power of partnerships in creating healthy communities and restoring public spaces. (Candelas, Ortiz & Mulcahy)
34. CONSENT CALENDAR
35. 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.
36. Approval of City Council Minutes.
37. 26-1055 Approval of City Council Minutes.
    Approval of Council Minutes

    (a) Regular City Council Meeting Minutes of September 15, 2026. (b) Regular City Council Meeting Minutes of September 22, 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.

38. Final Adoption of Ordinances.
39. 26-1096 Final Adoption of Ordinances.
    Final Adoption of Ordinance

    (a) Ordinance No. 31354 - An Ordinance of the City of San José Adding a New Chapter 11.91 to Title 11 of the San José Municipal Code Relating to the Regulation of Personal Delivery Devices. [Passed for Publication on 10/6/2026 - Item 5.1(a) (26-1033)]

40. Approval of Council Committee Minutes.
41. 26-1073 Approval of Council Committee Minutes.
    Approval of Council Committee Minutes

    (a) Regular Joint Meeting for the Rules and Open Government Committee Minutes of September 23, 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.

42. Mayor and Council Excused Absence Requests.
43. 26-1095 Mayor and Council Excused Absence Requests.
    Mayor & Council Excused Absence Request

    Request for a retroactive excused absence for Councilmember Candelas from the regular meeting of Rules and Open Government Committee and Committee of the Whole on September 23, 2026, due to authorized City business to attend the Cal Cities Annual Conference and Expo in Anaheim, California. CEQA: Not a Project, File No. PP17-010, City Organizational and Administrative Activities resulting in no changes to the physical environment. (Candelas) [Rules Committee referral 10/7/2026 - Item A.1.a]

44. City Council Travel Reports.
45. Report from the Council Liaison to the Retirement Boards.
46. 2.7 Retroactive Approval of Free Use of the Janet Gray Hayes Rotunda for the Responsive Cities Network San José Kickoff.
    Consent Agenda

    Adopt a resolution retroactively authorizing “Free Use” of the Janet Gray Hayes Rotunda for the private, invitation-only Responsive Cities Network San José Kickoff held on August 5, 2026, hosted by the Information Technology Department in partnership with the Mayor’s Office and City Manager’s Office. CEQA: Not a Project, File No. PP17-011, Temporary Special Events resulting in no changes to the physical environment. (Information Technology)

47. 2.8 Approval of the District 9 End-of-Term, Farewell Celebration 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 September 30, 2026: (a) Approve the District 9 End-of-Term, Farewell Celebration scheduled on December 2, 2026, at the Rotary Summit Center as a City Council sponsored Special Event and approve the expenditure of funds; and (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 9/30/2026 - Item B.6]

48. 2.9 Approval of Proclamation, Flag Raising and Lighting Recognizing Taiwan Retrocession Day Sponsored by Council District 5 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 October 7, 2026: (a) Approve the proclamation of the Republic of China (Taiwan) Retrocession Day scheduled on October 20, 2026, as a City Council sponsored Special Event and approve the expenditure of funds. (b) Approve the Taiwanese Flag Raising scheduled on October 23, 2026, as a City Council sponsored Special Event and approve the expenditure of funds. (c) Approve the Republic of China (Taiwan) Retrocession Day Tower and Rotunda Lighting scheduled from October 20-26, 2026, as a City Council sponsored Special Event and approve the expenditure of funds. (d) 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. (Ortiz) [Rules Committee referral 10/20/2026 - Item B.4]

49. STRATEGIC SUPPORT
50. Report of the City Manager, Jennifer Maguire (Verbal Report).
51. Labor Negotiations Update.
52. 3.3 2025-2026 City Manager’s Annual Report.
    Strategic Support

    (a) Accept the 2025-2026 City Manager’s Annual Report in compliance with City Charter Section 701 (F). (b) Approve the following position changes in the Public Works Department: (1) Delete 1.0 Division Manager; and (2) Add 1.0 Senior Facility Repair Worker. (c) Approve the following position changes in the Parks, Recreation and Neighborhood Services Department: (1) Add 1.0 Division Manager; and (2) Delete 1.0 Senior Facility Repair Worker. (d) Adopt Appropriation Ordinance and Funding Sources Resolution amendments in various operating and capital funds to implement the 2025-2026 Annual Report recommendations, as detailed in Section IV (Recommended Budget Adjustments and Clean-Up/Rebudget Actions). CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments, Annual Reports, and Informational Memos that involve no approval of any City actions, and File No. PP17-004, Government Funding Mechanism of Fiscal Activity with no commitment to a specific project which may result in a potentially physical impact on the environment. (City Manager)

53. 3.4 Civil Service Commission Interview. - TO BE HEARD LAST
    Strategic Support

    (a) Interview applicants and consider appointment to fill the following seats on the Civil Service Commission: (1) One (1) Member-at-Large seat with an unexpired term ending November 30, 2027. (2) One (1) Member-at-Large seat with a term beginning on December 1, 2026, and ending November 30, 2030. (b) If any vacancies remain, direct the City Clerk to continue recruitment efforts and bring forward additional applicants for consideration. CEQA: Not a Project, File No. PP17-010, City Administrative Activities, resulting in no changes to the physical environment. (City Clerk) [Rules Committee referral 9/30/2026 - Item A.1.a; Deferred from 10/6/2026 - Item 3.3 (26-1066)]

54. 3.5 Conditional Vacation of a Portion of Spring Street between Asbury Street and West Taylor Street.
    Strategic Support

    (a) Conduct a public hearing on the conditional vacation of approximately 25,690 square feet of Public Street Right-of-Way on Spring Street, between Asbury Street and West Taylor Street (“Subject Portion”). (b) Adopt a resolution: (1) Approving the report from the Director of Public Works setting forth the facts justifying the conditional vacation of approximately 25,690 square feet of Public Street Right-of-Way on Spring Street, between Asbury Street and West Taylor Street (“Subject Portion”); (2) Finding, pursuant to Streets and Highways Code Section 8324(b), that the Subject Portion is unnecessary for current or prospective public use as a street, and vacating the Subject Portion, conditioned upon the abandonment and/or relocation of all existing public utility facilities and utility easements affecting the Subject Portion; and (3) Instructing the City Clerk to record a certified copy of the resolution of vacation for the Subject Portion with the Office of the Recorder, County of Santa Clara after the Director of Public Works confirms the satisfaction of the conditions to vacate. CEQA: Mitigated Negative Declaration for the Columbus Park Project (Resolution No. RES2025-78), File No. ER20-025. Council District 6. (Public Works)

55. PUBLIC SAFETY SERVICES
56. 4.1 2025 Independent Police Auditor Year End Report.
    Public Safety

    (a) Accept the 2025 Independent Police Auditor Year End Report. (b) Accept the San José Police Department’s response to the recommendations contained in the 2025 Independent Police Auditor Year End 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. (Independent Police Auditor)

57. TRANSPORTATION & AVIATION SERVICES
58. ENVIRONMENTAL & UTILITY SERVICES
59. NEIGHBORHOOD SERVICES
60. COMMUNITY & ECONOMIC DEVELOPMENT
61. 8.1 Citywide Planning Work Plan Prioritization.
    Community & Economic Development

    (a) Adopt one of the following work plans, for the period through December 2027: (1) The current proposed prioritization of the Citywide Planning work plan based on existing City Council direction; or (2) Reconsider past direction and adopt Alternative 1 Single Density for Missing Middle; or (3) Adopt Alternative 2 Council Priorities Emphasis. (b) Direct staff to return in November 2028 to prioritize the Citywide Planning work plan through the next 18-month period. CEQA: Not a Project, File No. PP17-007, Preliminary direction to staff and eventual action requires approval from decision-making body. (Planning, Building, and Code Enforcement)

62. REDEVELOPMENT – SUCCESSOR AGENCY
63. LAND USE
64. 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.
65. Land Use on Consent Calendar
66. No Land Use items on Consent Calendar.
67. END OF CONSENT CALENDAR
68. Land Use - Regular Agenda
69. 10.2 GP26-002 - Early Consideration for a Privately-Initiated General Plan Amendment for Certain Real Property Located at 525 Race Street.
    Land Use Regular Agenda

    Allow continued processing of a privately-initiated General Plan Amendment application to amend the Envision San José 2040 General Plan Land Use/Transportation Diagram designation from Industrial Park to Combined Industrial/Commercial on an approximately 3.98-gross-acre site located at 525 Race Street. CEQA: Not a Project, File No. PP17-007, Preliminary direction to staff and eventual action requires approval from decision-making body. Planning Commission recommends approval (10-0-1, Casey absent) (Item 6a on the 9/9/2026 Planning Commission Agenda). Council District 6. (Planning, Building, and Code Enforcement)

70. 10.3 H25-039 & ER25-225 - Administrative Hearing on the Environmental Appeal and Site Development Permit Appeal for Certain Real Property Located at 470 West San Carlos Street.
    Land Use Consent Agenda

    (a) Conduct a public hearing to consider the appeal of the Director’s approval of a Site Development Permit and an environmental appeal of the Planning Director’s reliance on a Statutory Exemption Pursuant to Public Resources Code Section 21080.66 (Assembly Bill 130) in accordance with the California Environmental Quality Act (CEQA), to allow the construction of an eight-story residential building with 276 dwelling units and underground parking, with five percent affordable units restricted to very low-income, subject to the state Density Bonus Law, and extended construction hours from 8:00 a.m. to 5:00 p.m. on Saturdays on an approximately 0.89-gross-acre vacant site, located on the southwest intersection of West San Calros Street and Gifford Avenue (1462-470 West San Carlos Street and 321-329 Gifford Avenue, APN: 264-20- 133). (b) Adopt a resolution denying the environmental appeal and upholding the Planning Director’s reliance on the Statutory Exemption for the 470 West San Carlos Street Project, in accordance with CEQA, and finding that: (1) The City Council has independently reviewed and analyzed the Assembly Bill 130 Statutory Exemption prepared for the 470 West San Carlos Street Project and related administrative records related to Site Development Permit No. H25-039; (2) The Assembly Bill 130 Statutory Exemption for the 470 West San Carlos Street Project was prepared and completed in full compliance with the CEQA, as amended, together with State and local implementation guidelines; (3) Reliance on the Assembly Bill 130 Statutory Exemption for the 470 West San Carlos Street Project reflects the independent judgment and analysis of the City of San José, as the lead agency for the Project; and (4) Preparation of an Environmental Impact Report or Mitigated Negative Declaration/Negative Declaration is not required because the appeal does not raise any issues that would disqualify the project from the Assembly Bill 130 Statutory Exemption for the 470 West San Carlos Street Project. (c) Adopt a resolution denying the permit appeal and approving, subject to conditions, a Site Development Permit to allow the proposed project at 470 West San Carlos Street. CEQA: Exempt, Public Resources Code Section 21090.66 (Assembly Bill 130). Council District 6. (Planning, Building, and Code Enforcement)

71. 10.4 ER25-243 - Administrative Hearing on the Appeal of the In-fill Exemption for a Data Center Use at 300 Holger Way.
    Land Use Consent Agenda

    (a) Conduct a public hearing to consider the environmental appeal of the Planning Director’s reliance on an In-fill Exemption in accordance with the California Environmental Quality Act (CEQA) Guidelines Section 15332, to allow a data center use within an existing approximately 97,800-square-foot research and development building on an approximately 4.86 gross-acre site located at 300 Holger Way. (b) Adopt a resolution denying the environmental appeal and upholding the Planning Director’s reliance on the In-fill Exemption for the 300 Holger Way Project, in accordance with CEQA, and finding that: (1) The City Council has independently reviewed and analyzed the In-fill Exemption prepared for the 300 Holger Way Project and related administrative records related to Special Use Permit No. SP25-029; (2) The In-fill Exemption for the 300 Holger Way Project was prepared and completed in full compliance with the CEQA, as amended, together with state and local implementation guidelines; (3) Reliance on the In-fill Exemption for the 300 Holger Way Project reflects the independent judgment and analysis of the City of San José, as the lead agency for the Project; and (4) Preparation of an Environmental Impact Report or Mitigated Negative Declaration/Negative Declaration is not required because the appeal does not raise any issues that would disqualify the project from the In-fill Exemption for the 300 Holger Way Project. CEQA: Exempt, CEQA Guidelines Section 15332 for In-fill Development Projects, File No. ER25-243 for the 300 Holger Way Project. Council District 6. (Planning, Building, and Code Enforcement)

72. Open Forum
73. 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.
74. Adjournment
75. 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.
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