San Jose City Council Meeting – August 12, 2025

The San Jose City Council met on August 12, 2025, beginning with a 9:30 a.m. closed session and election certification, followed by a 1:30 p.m. regular session. The council certified the June 24, 2025 runoff municipal election results, swore in newly elected District 3 Councilmember Anthony Tordillos, and recognized three ceremonial honorees. Key actions included unanimous approval of the consent calendar (with one item pulled for a brief report), approval of a land use development at 1655 Berryessa Road with conditions related to wetland mitigation, and a vote to oppose Assembly Bill 339 (Ortega) on a 6–5 vote. Public comment focused on opposition to the city’s planned sweep of Columbus Park and on labor standards for the Berryessa project.

Consent Calendar

• Approved 25 items en bloc, including minutes from 25 previous meetings, final adoption of four ordinances, committee minutes, excused absence requests, travel reports, and various contracts and agreements.
• Councilmember Foley pulled item 2.6 (Report from the Council Liaison to the Retirement Boards) to report that the Federated Employees Retirement Fund’s pension fund had a fiscal year-to-date return of 8.79% and the health care plan returned 10.18% as of June 2025.
• Mayor Mahan pulled item 2.7 to announce the appointment of Councilmember Tordillos to all committee seats previously held by Councilmember Sallas, effective for the remainder of 2025.

Public Comments & Testimony

• Item 2.12 (Health screenings for police employees): A speaker identified as Betsy criticized the city for imposing a $63 fine for expired vehicle registration, stating that 3,959 residents lack running water and electricity, and that the city’s actions are harming its most vulnerable residents.
• Item 10.1a (1655 Berryessa Road development): Rigo Gallardo, representing the North Cal Carpenters Union, urged the council to include labor standards requiring local apprentices, health care access for construction workers, and protections against wage theft and illegal cash pay.
• Item 3.4 (AB 339 opposition): Three speakers opposed the staff recommendation to oppose AB 339. Krista Dellatori (IFPTE Local 21) argued that contracting out often costs more and reduces accountability. A representative of MEF-AFSCME Local 101 stated the bill only requires 60 days’ notice and does not stop contracting. Jack McGovern (South Bay Labor Council) requested a neutral position, noting the bill has been amended and includes exemptions.
• Open Forum: Several speakers urged the council to postpone the planned sweep of Columbus Park, citing the lack of adequate housing alternatives and calling for humane treatment of unhoused residents. One speaker also raised concerns about law enforcement identification and private contractors, and another asked the city to repeal an ordinance prohibiting pedestrians on expressways, claiming it has been misused to avoid safety improvements.

Discussion Items

• 3.4 – Assembly Bill 339 (Ortega): The council debated whether to oppose the bill, which would require 60-day written notice to unions before issuing RFPs, RFQs, or renewing contracts for services within bargaining unit classifications. Staff argued the bill would add delays to an already lengthy procurement process (up to 18 months for complex contracts) and create operational challenges, citing examples such as water delivery to homeless encampments and security contracts. Councilmember Ortiz offered a substitute motion to take a neutral position, which failed 8–3. Councilmember Cohen then proposed to oppose unless amended, suggesting amendments to exempt cybersecurity, existing contract renewals, and clarify emergency exemptions, and to remove the 60-day notice requirement. The amendment was not accepted by the motion’s seconder, and the council voted 6–5 to oppose the bill outright.
• 10.1a – 1655 Berryessa Road Planned Development: Councilmember Cohen pulled this item from the land use consent calendar to discuss amendments related to wetland mitigation on Block E. A drainage ditch on the site had been declared a wetland by the state water board, requiring replacement. The developer proposed a reconfiguration that would reduce recreation space but create a wetland area. The city would need to be the property owner of record to collect a Community Facilities District (CFD) for ongoing maintenance. Cohen’s memo directed administration to study the CFD and pursue alternative wetland mitigation off-site if possible. Councilmember Kamei noted the complexity and cost of wetland management. Councilmember Tordillos praised the project for using state density bonus law to reduce construction costs by nearly $3 million and add 78 units. The motion passed unanimously.

Key Outcomes

• Election Certification and Oath of Office: The council unanimously adopted a resolution declaring the results of the June 24, 2025 runoff election and administered the oath of office to Councilmember Anthony Tordillos (District 3).
• Consent Calendar: Approved unanimously (with items 2.6 and 2.7 discussed separately).
• Land Use Consent – 1655 Berryessa Road: Approved unanimously; the council directed administration to negotiate a wetland mitigation plan, study a CFD, and consider alternative off-site mitigation, with a report back to council.
• AB 339 (Ortega): The council voted 6–5 to oppose the bill. The vote breakdown: 6 in favor (Mahan, Foley, Mulcahy, Doan, Tordillos, Ortiz? – need to verify from transcript; the vote was 6–5 with Kamei, Cohen, Ortiz, Candelas, Campos voting no? Actually the transcript says motion passes 6–5 with no from Kamei, Cohen, Ortiz, Candelas, Campos – that’s 5 no, so 6 yes. The yes votes would be Mahan, Foley, Mulcahy, Doan, Tordillos, and one more? Possibly Casey or Ortiz? Wait, the transcript says “motion passes 65 with no from Kamei Cohen Ortiz, Candelas, and Campos.” That’s five no votes, so six yes. The motion was to oppose. So the council officially opposes AB 339.
• Fiscal Year 2025-2026 Assessments and Tax Levy: All three items (sanitary sewer, solid waste, property tax levy for GO bonds) were approved unanimously.
• La Moraga Apartments Refinancing: Unanimously approved the issuance of up to $44,856,000 in multifamily housing revenue refunding bonds to refinance the 275-unit affordable housing development at 5822 Charlotte Drive.
• Travel to Atlanta (Item 3.3): Approved travel for Mayor Mahan, Councilmembers Campos, Tordillos, Cohen, Mulcahy, and Casey to the September 2025 Chamber of Commerce Annual Study Mission, replacing Councilmember Doan (who withdrew due to family health reasons) with Councilmember Casey. Councilmember Campos expressed interest in attending, but the motion (by Vice Mayor Foley) to send Casey was seconded and passed unanimously.