Vi
City Council Meeting
Minutes
Tuesday, August 25, 2026
1:30 PM
Hybrid Meeting - Council Chambers and Virtually -
https://sanjoseca.zoom.us/j/98221474336
Closed Session at 9:30 a.m.
MATT MAHAN, MAYOR
ROSEMARY KAMEI, DISTRICT 1
PAMELA CAMPOS, DISTRICT 2
ANTHONY TORDILLOS, DISTRICT 3
DAVID COHEN, DISTRICT 4
PETER ORTIZ, DISTRICT 5
MICHAEL MULCAHY, DISTRICT 6
BIEN DOAN, DISTRICT 7
DOMINGO CANDELAS, DISTRICT 8
PAM FOLEY, VICE MAYOR, DISTRICT 9
GEORGE CASEY, DISTRICT 10
San José City Council August 25, 2026
• Call to Order and Roll Call
9:30 a.m.- Closed Session. Please see page 15 for Closed Session Minutes.
Present Councilmembers: Kamei, Campos, Tordillos, Cohen, Ortiz, Mulcahy, Candelas, Casey, Foley, Mahan.
Absent Councilmembers: Doan.
1:32 p.m.- Regular Session.
Present Councilmembers: Kamei, Campos, Tordillos, Cohen, Ortiz, Mulcahy, Doan, Candelas, Casey, Foley, Mahan.
Absent Councilmembers: All present.
• Pledge of Allegiance
Mayor Matt Mahan led the Pledge of Allegiance.
• Invocation (District 7)
Association of Indo Americans offered the invocation with a dance performance. • Orders of the Day
Action: Upon motion by Vice Mayor Pam Foley, seconded by Councilmember Bien Doan, and carried unanimously, the Orders of the Day were approved, with Item 3.3(d) dropped per administration, and Items 3.4 and 8.1 deferred to the September 1, 2026 City Council Meeting. (11-0-0)
• Adjournment Recognition
None provided.
• Closed Session Report
City Attorney, Susan Alcala Wood, reported that the Mayor and City Council met in Closed Session to discuss pending litigation item number two listed on the Closed Session Agenda. Personnel evaluations were taken off the calendar and are to be scheduled on a future date.
San José City Council August 25, 2026
1. CEREMONIAL ITEMS
1.1 Vice Mayor Pam Foley, Councilmember Anthony Tordillos, and Councilmember David Cohen presented 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.
1.2 Councilmember Michael Mulcahy presented a commendation recognizing Brian Adams for his longstanding dedication and services to Bellarmine College Preparatory and for his contributions to strengthening the Bellarmine community.
1.3 Councilmember Domingo Candelas presented 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.
2. CONSENT CALENDAR
C
ouncilmember Peter Ortiz pulled Item 2.8 for comment.
P
ublic Comment: (Virtual) Call-In-User_1 and Brian Darby provided public testimony regarding the Consent Calendar.
A
ction: Upon motion by Councilmember Peter Ortiz, seconded by Vice Mayor Pam Foley, and carried unanimously, the Consent Calendar was approved as a whole. The actions below were taken as indicated. (11-0-0)
2.1 Approval of City Council Minutes.
(a) Special City Council Closed Session Meeting Minutes of August 4, 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.
A
ction: The City Council Minutes were approved. (11-0-0)
2.2 Final Adoption of Ordinances.
(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)] San José City Council August 25, 2026
(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)] Action: (a) Ordinance No. 31339; (b) Ordinance No. 31341; and (c) Ordinance No. 31342 were adopted. (11-0-0)
2.3 Approval of Council Committee Minutes.
(a) Regular Joint Meeting for the Rules and Open Government Committee Minutes of August 5, 2026.
(b) Regular Meeting for the Transportation and Environment Committee Minutes of August 10, 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.
Action: The Council Committee Minutes were approved. (11-0-0)
2.4 Mayor and Council Excused Absence Requests.
None provided.
2.5 City Council Travel Reports.
None provided.
2.6 Report from the Council Liaison to the Retirement Boards.
None provided.
2.7 Actions Related to the San José Clean Energy SJ Cares Program Expansion.
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/Housing) Action: Resolution No. RES2026-270 was adopted, regarding the actions related to the San José Clean Energy’s SJ Cares program expansion. (11-0-0)
San José City Council August 25, 2026
2.8 Portuguese Organization for Social Services and Opportunities Funding Increase. (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) Councilmember Peter Ortiz pulled the item to recognize and thank Housing Director Erik Soliván and the Housing Department for their work on the program and partnership.
Action: (a) Resolution No. RES2026-271 was adopted, 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; and (b) 2026-2027 Appropriation Ordinance No. 31346 was adopted, regarding amendments in the Multi-Source Housing Fund. (11-0-0)
2.9 Amendment to the City Pay Plan.
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) Action: Resolution No. RES2026-272 was adopted, 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. (11-0-0)
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.
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; San José City Council August 25, 2026
(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; and (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)
Action: Resolution No. RES2026-273 was adopted, regarding the amendment to the amended and restated Agreement for the Abatement of Weeds by the County of Santa Clara for the City of San José. (11-0-0)
2.11 Report on Bids and Award of Contract for the 10602 - OBAG 2 Cherry Ave, Federal Project No. STPL-5005 (177).
(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)
Action: (a) The 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 was accepted; and (b) the 10% contingency in the amount of $113,535 was approved. (11-0-0)
2.12 Appointment of Voting Delegate and Alternate for the 2026 League of California Cities General Assembly.
Appoint City Councilmember David Cohen as the voting delegate and City Councilmember Domingo Candelas as the alternate voting delegate to the General Assembly at the September 23 - 25, 2026, League of California 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. (City Manager) [Rules Committee referral 8/19/2026 - Item A.1.a]
Action: City Councilmember David Cohen was appointed as the voting delegate and City Councilmember Domingo Candelas was appointed as the alternate voting delegate to the General Assembly at the September 23 - 25, 2026, League of California Cities Annual Conference and Expo in Anaheim, California. (11-0-0)
2.13 Request for Travel Authorization for Mayor's Staff.
As recommended by the Rules and Open Government Committee on August 19, 2026, authorize travel for Mayor Mahan’s Office staff Amber Kappagantula to Tampa, Florida, on September 22-25, 2026, for the Chamber Study Session. Source of Funds: Mayor’s Office Budget.
San José City Council August 25, 2026
CEQA: Not a Project, File No. PP17-010, City Organizational and Administrative Activities resulting in no changes to the physical environment. (Mayor) [Rules Committee referral 8/19/2026 - Item B.4]
Action: Mayor Mahan’s Office staff Amber Kappagantula was authorized to travel to Tampa, Florida, on September 22-25, 2026, for the Chamber Study Session. (11-0-0)
2.14 Retroactive Purchase of Tickets to “40 under 40” Awards Event.
As recommended by the Rules and Open Government Committee on August 19, 2026, retroactively approve the Mayor’s Office purchase of tickets to Silicon Valley Business Journal’s “40 under 40” Awards event for $900.
CEQA: Not a Project, File No. PP17-011, Temporary Special Events resulting in no changes to the physical environment. (Mayor)
[Rules Committee referral 8/19/2026 - Item B.5]
Action: The Mayor’s Office purchase of tickets to Silicon Valley Business Journal’s “40 under 40” Awards event for $900 was retroactively approved. (11-0-0)
2.15 Approval of San José State University Flag Raising Sponsored by Council District 3 as a City Council Sponsored Special Event to Expend City Funds and Accept Donations of Materials and Services for the Event.
As recommended by the Rules and Open Government Committee on August 19, 2026:
(a) Approve the San José State University Flag Raising scheduled on September 1, 2026, 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. (Tordillos) [Rules Committee referral 8/19/2026 - Item B.3]
Action: The San José State University Flag Raising, sponsored by District 3, was approved. (11-0-0)
3. STRATEGIC SUPPORT
3.1 Report of the City Manager, Jennifer Maguire (Verbal Report).
None provided.
3.2 Labor Negotiations Update.
None provided.
San José City Council August 25, 2026
3.3 2026 General Election Statewide Ballot Measures.
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: Creates Loan Program for Middle-Income Buyers of Qualified New Homes.
Initiative Statute - SUPPORT
(b) Proposition 39 - Prohibits Citizens From Voting Unless They Present Government- Issued Identification. Initiative Constitutional Amendment - OPPOSE (c) Proposition 43: Limits Voters’ Ability to Raise Revenues for Local Government Services.
Legislative Constitutional Amendment. -
Assembly Constitutional Amendment - OPPOSE
(d) Proposition 45 - Modifies Environmental Review for Certain Projects. Initiative Statute - SUPPORT IN CONCEPT
CEQA: Not a Project, File No. PP17-010, City Organizational and Administrative Activities resulting in no changes to the physical environment. (City Manager)
3.3(d) WAS DROPPED PER ADMINISTRATION DURING ORDERS OF THE DAY
Han Kang, Deputy Director and Chief Intergovernmental Relations Officer, City Manager’s Office of Administration, Policy, and Intergovernmental Relations; and Emily S. Lam, Director, City Manager’s Office of Administration, Policy, and Intergovernmental Relations, offered the presentation and responded to Council questions.
Public Comment: (In person) Dawn, Robert Hobbs; (Virtual) Brian Darby, and Caller ‘35140’ provided public testimony regarding the item.
Motion: Councilmember David Cohen moved approval of the staff recommendation.
Councilmember Anthony Tordillos seconded the motion.
Friendly Amendment: Councilmember George Casey requested that the motion be amended to vote on each item separately. The friendly amendment was accepted by the maker of the motion and seconder.
Action 3.3(a): Upon motion by Councilmember David Cohen and seconded by Councilmember Anthony Tordillos, Resolution No. RES2026-274 was adopted, taking the following positions on statewide ballot measures that are qualified for the California general election on November 3, 2026; and the City Manager’s Office of Administration, Policy, and Intergovernmental Relations was authorized to issue letters of support in accordance with City Council direction for Proposition 37: which creates loan program for middle-income buyers of qualified new homes. (7-3-1; Noes: Doan, Foley, Mulcahy; Absent: Mahan)
Action 3.3(b): Upon motion by Councilmember David Cohen, seconded by Councilmember Anthony Tordillos, and carried unanimously, the City Manager’s Office of Administration, Policy, and Intergovernmental Relations was authorized to issue letters of opposition in accordance with City Council direction for Proposition 39: which prohibits citizens from voting unless they present Government- Issued Identification. (10-0-1; Absent: Mahan) San José City Council August 25, 2026
Action 3.3(c): Upon motion by Councilmember David Cohen and seconded by Councilmember Anthony Tordillos, the City Manager’s Office of Administration, Policy, and Intergovernmental Relations was authorized to issue letters of opposition in accordance with City Council direction for Proposition 43: which limits voters’ ability to raise revenues for local government services. (6-4 Noes: Doan, Casey, Mulcahy Foley; Absent: Mahan)
3.4 Grant of Franchise to Tokay Energy Storage 1, LLC for Electric Services for Public Rights-of-Way.
(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)
DEFERRED TO 9/1/2026 PER ADMINISTRATION
4. PUBLIC SAFETY SERVICES
No items provided.
5. TRANSPORTATION & AVIATION SERVICES
5.1 Agreement for Professional Consultant Services for On-Call Planning and Environmental Services at San José Mineta International Airport.
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)
No presentation provided.
Public Comment: None provided.
Action: Upon motion by Councilmember Bien Doan, seconded by Councilmember Peter Ortiz, and carried unanimously, Resolution No. RES2026-275 was adopted, regarding the Agreement for professional consultant services for on-call planning and environmental services at San José Mineta International Airport. (10-0-1; Absent: Mahan)
San José City Council August 25, 2026
5.2 Response to the Santa Clara County Civil Grand Jury Report Entitled “Pothole Damage: Improving claims processes within Santa Clara County.” Approve the City Attorney’s Office’s 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. (City Attorney)
No presentation provided.
Public Comment: (Virtual) Caller ‘35140’ and Brian Darby provided public testimony regarding the item.
Action: Upon motion by Councilmember Peter Ortiz, seconded by Vice Mayor Pam Foley, and carried unanimously, the City Attorney’s Office’s response to the June 12, 2026, Santa Clara County Civil Grand Jury Report entitled, “Pothole Damage: Improving claims processes within Santa Clara County” was approved. (10-0-1; Absent: Mahan)
5.3 Response to Santa Clara County Civil Grand Jury Report Entitled “VTA’s Management and Oversight of BART Silicon Valley Phase II.” 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) No presentation provided.
Public Comment: (Virtual) Caller ‘35140’ and Brian Darby provided public testimony regarding the item.
Action: Upon motion by Councilmember Anothony Tordillos, seconded by Rosemary Kamei, and carried unanimously, 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” was approved. (10-0-1; Absent: Mahan)
6. ENVIRONMENTAL & UTILITY SERVICES
6.1 Amendments to the Fish Lake Geothermal Power Purchase Agreement.
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 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.
San José City Council August 25, 2026
CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. (Energy)
No presentation provided.
Public Comment: None provided.
Action: Upon motion by Councilmember Bien Doan, seconded by Councilmember Rosemary Kamei, and carried unanimously, Resolution No. RES2026-276 was adopted, regarding the amendments to the Fish Lake Geothermal Power Purchase Agreement. (10-0-1; Absent: Mahan)
7. NEIGHBORHOOD SERVICES
No items provided.
8. COMMUNITY & ECONOMIC DEVELOPMENT
8.1 Exclusive Negotiation Agreement and Right of Entry with LH Housing for the Development of Affordable Housing at 71 Vista Montana.
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;
(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; and (c) Two-year Exclusive Negotiation Agreement with the possibility of two six-month extensions, at the City’s discretion, and any other ancillary documents, including a Right-of-Entry Agreement with the second highest scoring applicant, Propertyworx LLC or its affiliates for the final proposal of an affordable housing development project on the 71 Vista Montana property, if LH Housing is unable to successfully execute an agreement with the City or does not comply in a timely and diligent manner with any material obligation under 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)
DEFERRED TO 9/1/2026 PER ADMINISTRATION
San José City Council August 25, 2026
8.2 Multifamily Housing Incentive Program Residential Tax and Fee Waiver for the Development Project Located at 210 Baypointe Parkway.
(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) Public Comment: (In person) Elaine Breeze (Summer Hill Apartment Communities); and (Virtual) Brian Darby provided public testimony regarding the item.
Erik L. Soliván, Housing Director, Housing Department; and Banu San, Deputy Director, Housing Department, offered the presentation and responded to questions.
Action: Upon motion by Councilmember David Cohen, seconded by Councilmember Rosemary Kamei, and carried unanimously, (a) the public hearing to approve an economic development tax and fee waiver was conducted; and (b) Resolution No. RES2026-277 was adopted, 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. (10-0-1; Absent: Mahan)
9. REDEVELOPMENT – SUCCESSOR AGENCY
No items provided.
10. LAND USE
10.1 Land Use on Consent Calendar
No Land Use items on Consent Calendar.
END OF CONSENT CALENDAR
10 Land Use - Regular Agenda
San José City Council August 25, 2026
10.2 CP25-025 & ER25-026 - Conditional Use Permit for Certain Real Property Located at 163 West Santa Clara Street (San Pedro Social).
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)
Chris Burton, Director, Planning, Building, and Code Enforcement Department (PBCE); Manira Sandhir, Deputy Director, PBCE; John Tu, Division Manager, PBCE; Chau Pham, Police Sergeant, Police Department; and Paul Joseph, Chief of Police, Police Department, offered the presentation and responded to questions.
Sandra Escobar spoke on behalf of the applicant and was allotted five minutes to speak regarding the item.
Public Comment: (In person) Sal, Kathy Doyle, Michael Doyle, Brian Janes, Ronan, John Williams, Mike Messinger (Applicant); (Virtual) Brian Darby, and Caller ‘35140’, provided public testimony regarding the item.
Action: Upon motion by Councilmember Anthony Tordillos, seconded by Councilmember Peter Ortiz, and carried unanimously, Resolution No. RES2026-278 was adopted, 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. (11-0-0)
Open Forum
1. (In person) Akos Szoboszlay raised concerns about pedestrian access, safety on San José expressways, and potential removal of pedestrian infrastructure.
2. (In person) Brodie Storey invited Council and community partners to explore a company’s free career training, education, digital literacy, and employment services in San José.
3. (Virtual) Caller ‘35140’ raised concerns about an extended accumulation of leaves and debris at an intersection, citing traffic, fire, and drainage hazards, and requested its removal.
4. (Virtual) Brian Darby addressed concerns about the impacts of political extremism and offered the idea of having a local volunteer program for gutter maintenance.
San José City Council August 25, 2026
Adjournment
The Council of the City of San José adjourned the meeting at 3:47 p.m.
Minutes Recorded, Prepared, and Respectfully Submitted by, Yasmin Johnson,
Deputy City Clerk City of San José
Approved at Council on:
# of
Actions: 11
Toni Taber, MMC
City Clerk, City of San José
• Notice of City Engineer's Pending Decision on Final Maps FOR APPROVAL:
Tr
act: 10688
Location: 200 feet southwesterly of Franquette Avenue / Coastland Avenue District: 6
Lots/Units: 6/5
Type: SFD
Developer: City Connect Partners, Inc.
San José City Council August 25, 2026
SAN JOSÉ CITY COUNCIL CLOSED SESSION MINUTES
August 25, 2026
Present Councilmembers: Kamei, Campos, Tordillos, Cohen, Ortiz, Mulcahy, Candelas, Casey, Foley, Mahan.
Absent Councilmembers: Doan.
Place: City Hall, Conference Room W-133
Time: 9:30 a.m.
CLOSED SESSION ITEM(S) DISCUSSED:
A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION:
Initiation of litigation pursuant to Sections 54956.9(d)(4) of the Government code:
Number of matter(s) to be discussed: 1
B. PUBLIC EMPLOYMENT/PUBLIC EMPLOYEE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957:
1. Department or Agency:
Title:
City Manager’s Office
City Manager
2. Department or Agency:
Title:
City Clerk’s Office
City Clerk
3. Department or Agency:
Title:
City Auditor’s Office
City Auditor
4. Department or Agency:
Title:
City Attorney’s Office
City Attorney