San Jose City Council Meeting – October 20, 2026

The San Jose City Council met on October 20, 2026, at 1:30 p.m. after a closed session at 9:30 a.m. The meeting included ceremonial proclamations, approval of the consent calendar, a report from the City Manager on the Day of Service, the 2025-2026 City Manager's Annual Report, the 2025 Independent Police Auditor Year End Report, the Citywide Planning Work Plan Prioritization, and several land use items including a conditional vacation, general plan amendment, and two environmental appeals. Key votes included approval of the annual report, acceptance of the IPA report, adoption of the citywide planning work plan with modifications, and denial of appeals for the 470 West San Carlos Street and 300 Holger Way projects.

Ceremonial Items

• Proclamation recognizing National Disability Employment Awareness Month (NDEAM) – Presented to Tony Lamb and Andy’s Cafe, an innovative nonprofit pop-up café creating vocational pathways for neurodivergent adults. The proclamation highlighted that nearly 85% of autistic adults with college degrees remain unemployed.
• Commendation honoring Vita Fota (102 years old) – Celebrated her over 70 years as a San José resident, service as a Rosie the Riveter, and contributions to the Italian American community.
• Proclamation honoring October 25, 2026, as Republic of China (Taiwan) Day – Recognized Taiwanese American community contributions and announced federal grants for park restoration.
• Commendation to CEFCU, San José Water, and San José Conservation Corps – Recognized their partnership with the Parks, Recreation, and Neighborhood Services Department (PRNS) for supporting summer camp scholarships and revitalizing the Guadalupe River Park and Trail.

Consent Calendar

• Approved unanimously. Items included approval of City Council minutes, final adoption of Ordinance No. 31354 regulating personal delivery devices, approval of council committee minutes, excused absence requests for Councilmembers Candelas and Kamei, travel reports, retroactive free use of the Janet Gray Hayes Rotunda, approval of District 9 End-of-Term Farewell Celebration, Taiwan Retrocession Day proclamation/flag raising/lighting, SAP funds grant for Rotary Club of San Jose Foundation, and retroactive travel and excused absence for Councilmember Cohen.

Public Comments & Testimony

• On IPA Report (Item 4.1): Multiple speakers expressed concern over a San José Police Department officer’s misuse of Flock automated license plate reader (ALPR) data to track a domestic violence victim. Speakers urged stronger oversight, banning ALPR access on personal devices, and independent audits. Some supported the IPA recommendations, while others called for canceling the Flock contract.
• On Citywide Planning Work Plan (Item 8.1): Approximately 20 speakers addressed the missing middle housing density proposal. Residents of single-family neighborhoods opposed upzoning (16–32 units/acre), citing parking, traffic, and neighborhood character concerns. Family child care providers and advocates pressed for inclusion of child care policy in the work plan, noting that providers are closing due to insufficient support. Coyote Corridor property owners voiced frustration over delayed studies and annexation promises. Labor representatives and affordable housing advocates supported the mayor’s memo for a transit-based tiered approach.
• On 470 West San Carlos Street Appeal (Item 10.3): Appellants (neighboring property owners and community group) argued that the project lacked adequate fire separation and questioned the use of the AB 130 statutory exemption, density bonus eligibility, and building height measurement. They requested deferral until fire safety issues are resolved.
• On 300 Holger Way Appeal (Item 10.4): Appellants (Citizens for Responsible Industry) argued that the project description was incomplete, failing to account for backup generators, cooling towers, and other infrastructure. They claimed significant environmental impacts (air quality, noise, hazardous materials) and that the project should require an Environmental Impact Report (EIR). Several residents from the nearby mobile home park expressed concerns about noise, air pollution, and infrastructure strain.

Discussion Items

• Report of the City Manager (3.1) – Jennifer Maguire reported on the One Team, One City, One Community Day of Service: over 650 employees volunteered at 20+ sites, contributing at least 3,372 hours of service. The event has become a biannual tradition.
• 2025-2026 City Manager’s Annual Report (3.3) – Budget Director Jim Shannon presented. The general fund had a surplus of $16.6 million (0.2% of total), with $8.1 million carried forward, leaving $8.5 million. After required technical adjustments ($1.4M) and urgent fiscal needs (e.g., police gun range ventilation, partial activation of police training center and Fire Station 32, relocation of Family Violence Unit), $7.1 million was restored to the budget stabilization reserve, which had been drawn down to $30 million (target: $100 million). Key economic indicators: employment growth 1.3%, property tax decelerating, Measure E revenues reached ~$80 million due to large property sales.
• Conditional Vacation of Spring Street (3.5) – Approved as part of the Columbus Park project (soccer complex). Design nearly complete; construction expected summer 2027, park opening summer 2028. Funding comes from Measure P (2000 bond). Council discussed traffic mitigation on surrounding streets.
• 2025 Independent Police Auditor Year End Report (4.1) – Interim IPA Dwight White presented. Key statistics: 330 investigations audited, 172 officer interviews (records), procedural complaints up 58%, courtesy complaints up 33%, arrest/detention up 12%. 11% of complaints sustained. IPA agreed with department in 88% of cases, disagreed in one case. 12 recommendations made, including restricting ALPR access to approved systems, banning use of personal devices, requiring officer email checks, and providing explanations for significant police actions. Chief Joseph responded, agreeing to most recommendations; partial agreement on profanity as de-escalation. Council discussed the misuse of Flock data by an officer (fired), data retention reduced to 30 days, and ongoing state legislation to criminalize misuse. Accepted both reports unanimously.
• Citywide Planning Work Plan Prioritization (8.1) – Director Chris Burton presented. Planning department is at 130% capacity, requiring 3.3 additional FTEs. Proposed work plan through December 2027 with two alternatives. Two council memos were considered: (1) Mayor/Vice Mayor/Campos/Tordillos/Mulcahy memo – tiered density based on transit proximity, include child care policy, defer retail in residential neighborhoods, return ASAP; (2) Candelas/Casey/Ortiz/Cohen memo – exclude high resource areas from upzoning. After debate, a substitute motion to include the second memo failed (6-4: Kamei, Cohen, Foley, Tordillos, Campos, Mulcahy no). The underlying motion was approved (8-2: Candelas and Casey no) with amendments: adopt tiered approach, include child care policy, defer retail/residential neighborhoods work, return ASAP, and a friendly amendment directing the city attorney and IGR team to prepare a local control protection strategy for the January 2027 legislative agenda.
• GP26-002 – Early Consideration for 525 Race Street (10.2) – Basis Independent Schools proposes converting a vacant office building into a private high school for up to 800 students. Planning Commission recommended approval. Councilmember Mulcahy moved to continue processing, noting the school already operates nearby and the building has been vacant. Approved unanimously (Ortiz absent).
• Administrative Hearing for 470 West San Carlos Street (10.3) – An eight-story, 276-unit residential project with 14 very low-income units (5% affordability) using state density bonus law and AB 130 statutory exemption. Appellants raised fire safety concerns (no building separation) and questioned the building height (84'10.5" vs. over 85' for labor standards). Staff recommended denial of appeals, noting fire variance is deferred to building permit and building height will be verified per California Building Code. Councilmember Tordillos asked clarifying questions; Councilmember Mulcahy made the motion. Councilmember Campos recused due to campaign contributions. Motion passed (unanimous, Tordillos recused).
• Administrative Hearing for 300 Holger Way (10.4) – Special use permit to allow a data center use (up to 20 megawatts) within an existing office building, with no exterior changes. Appellants argued the project would include backup generators and cooling equipment requiring CEQA review. Staff maintained that no physical improvements are proposed; future changes would require new permits. Councilmember Cohen stressed that the city’s data center definition is outdated and will be updated in December 2026, and that if the use is not effectuated within two years, the permit expires. Vice Mayor Foley recused due to financial interest. Motion to deny appeal passed (9-0, Ortiz absent, Foley recused).

Key Outcomes

• Consent Calendar approved unanimously.
• City Manager’s Annual Report accepted and budget adjustments adopted unanimously.
• Conditional vacation of Spring Street approved unanimously.
• 2025 Independent Police Auditor Year End Report and SJPD response accepted unanimously.
• Citywide Planning Work Plan adopted with modifications: tiered density based on transit, inclusion of child care policy, deferral of retail work, and directive for local control strategy (8-2).
• General Plan amendment for Basis Independent Schools continued processing unanimously.
• Appeals for 470 West San Carlos Street denied; site development permit approved (unanimous, Campos recused).
• Environmental appeal for 300 Holger Way denied; special use permit upheld (9-0, Foley recused, Ortiz absent).
• Civil Service Commission appointments: Alan Moad (full term ending Nov. 2030) and Lisa Pate (partial term ending Nov. 2027) appointed; Tom Cochran not reappointed.
• No open forum comments.