Council renames downtown plaza and reworks loan for foster youth housing

The invocation recognized this year's District 9 Stars, a tradition honoring neighbors who volunteer and improve their community. The District 9 councilmember said it was her final invocation on the council. 00:01:33

• Pam Foley (Councilmember, District 9; Vice Mayor) said this was her final invocation as a councilmember and described the District 9 Stars tradition begun by a former vice mayor 00:01:53
• Pam Foley (Councilmember, District 9; Vice Mayor) said she personally chose this year's honorees, drawing on people she met over eight years of service 00:01:53

A proclamation recognizing October 2026 as Digital Inclusion Month, highlighting the San José Public Library's SJ Access programs, tech hubs, internet service and digital skills training. 00:09:51

• The mayor said more than 38,000 households in the city are unserved or underserved by broadband 00:10:54
• City staff said one in eight San Jose households lacks home internet and the city's digital inclusion grants have topped $4.7 million since 2020 00:11:36
• City staff said six community organizations run neighborhood tech hubs that served nearly 5,000 residents in the past year 00:11:36

A proclamation declaring October 29, 2026, National Cat Day, recognizing Humane Society Silicon Valley's work on pet care access in East San Jose. 00:14:12

• A councilmember described his office's partnership with Humane Society Silicon Valley on monthly pet clinics that grew into a permanent clinic on McKee Road 00:15:16
• A guest presenter said the McKee Road clinic provided 1,000 spay and neuter surgeries in the past year for families who might not otherwise afford them 00:18:43

A proclamation declaring October 2026 National Domestic Violence Awareness Month, highlighting prevention programs and community and law enforcement strategies. 00:20:24

• A councilmember said domestic violence takes many forms and ending it will take the whole community 00:20:39
• A guest presenter said the District Attorney's office and partners are asking what it would take to end domestic violence in their lifetimes 00:21:59
• A guest presenter said the nonprofit Maitri served 770 survivors with free, confidential care 00:23:15

A commendation for the leader of the Santa Clara Valley Open Space Authority for 15 years, credited in the agenda with helping protect more than 15,000 acres of habitat and open space, including work in Coyote Valley. 00:25:34

• A councilmember credited the honoree with holding onto the vision for Coyote Valley when its future was uncertain 00:25:50
• A guest presenter said Measure T generated $46 million toward permanently preserving North Coyote Valley 00:27:32
• A guest presenter urged the city to finish the work in Coyote Valley, including codifying protection of its open space 00:28:33

The administration asked to drop the part of item 3.5 covering the Association of Maintenance Supervisory Personnel (AMSP), based on a supplemental memo; that union's membership did not ratify its tentative agreement. 00:30:09

• Approve the orders of the day, dropping the AMSP portion of item 3.5 (mover not identified); Pam Foley (Councilmember, District 9; Vice Mayor) and Pamela Campos (Councilmember, District 2) absent. Result: passed, unanimous. 00:31:04

• The mayor relayed the administration's recommendation to drop the AMSP portion of item 3.5 based on the supplemental memo 00:30:09

Report on the morning's closed session. Nothing was reported out. 00:31:11

Routine items approved in one vote, among them $1.2 million (agenda) for HomeFirst to run overnight warming locations at Roosevelt Community Center and Cambrian Branch Library, three state-loaned fire apparatus, a $3,959,448 (agenda) state grant, and the Elia Park construction contract. 00:31:11

• Bien Doan (Councilmember, District 7) moved to approve the consent calendar; seconded. Result: passed, unanimous. 00:37:43

• A councilmember thanked the Governor's Office of Emergency Services for three additional fire apparatus valued at about $1.06 million and moved the consent calendar 00:34:25
• A councilmember asked how the city picks overnight warming locations for the winter 00:35:28
• City staff explained that warming sites are referral-based and rotate among districts each year, and aren't necessarily placed closest to where need is greatest 00:35:58
• City staff said the city is working to acquire one or two more permanent warming-location sites 00:35:58
• City staff said social service providers help referred people get transportation to sites, though it is not guaranteed 00:37:01

A verbal update on how the city is getting ready for winter storms, including flood monitoring, outreach to unhoused residents along creeks, and emergency alerts. 00:37:44

• City staff said the National Weather Service designated San Jose a StormReady city in June 00:37:51
• City staff said that since the 2017 Coyote Creek flood the city has updated its emergency plans and built a joint emergency action plan with Valley Water 00:37:51
• City staff said over 80 percent of the city workforce has been trained in some emergency role 00:37:51
• City staff said crews will keep clearing storm drains and monitor the 60 most flood-prone areas, and outreach teams are warning unhoused residents along creeks 00:38:52
• City staff urged residents to sign up for emergency alerts at alertscc.org 00:39:54

The City Auditor's audit of the Department of Transportation's vehicle abatement program, which finds and removes abandoned vehicles from streets, plus a joint memo from the mayor and four councilmembers asking for better communication with residents who report vehicles and better tracking of repeat reports. Councilmembers said residents often report a car, are told the case is closed, and still see the car there. 00:41:39

• Bien Doan (Councilmember, District 7) moved to accept the joint memorandum (the motion wasn't restated before the vote); seconded. Result: passed, unanimous. 01:24:02

• City staff reported about 10,000 vehicle abatement cases between July 2025 and March 2026, roughly 3,650 from 311 and 6,350 from proactive patrols 00:43:17
• City staff found the program closed 98 percent of cases within 14 days and 80 percent through voluntary compliance, meeting its goals 00:44:18
• City staff found proactive patrols covered on average 57 percent of streets within 14 days, against a goal of every street 00:45:18
• City staff found some program information is not fully translated as the city's language equity policy requires; the report makes eight recommendations 00:47:25
• City staff said the administration accepts all the audit's findings and recommendations, and the joint memo's recommendations too 00:48:41
• A councilmember said a town hall at Seven Trees Community Center shaped the memo 00:52:23
• A councilmember said the memo asks staff to evaluate using license plate data and location history to link repeat reports of the same vehicle, then moved to accept the memo 00:53:25
• A councilmember described resident frustration at being told cases are closed while the car is still there 00:55:09
• City staff said nearly 89 percent of negative surveys involve cases closed without enforcement, which he called an expectations and communication problem 00:56:36
• City staff said the new 311 app goes live in March 2027, with a committee update in April 00:56:36
• A councilmember raised body and auto repair shops that store cars on city streets 00:58:38
• City staff said the audit did not cover repair shops, and that the problem falls to both transportation and code enforcement, which seek compliance first and then cite 00:59:49
• City staff said the audit led the department to start tracking hotspot enforcement, including at body shops 01:01:54
• A councilmember said nearly every neighborhood in his district has at least 10 stagnant vehicles and some reported in June are still there 01:02:57
• A councilmember asked that, until the new app arrives, the city tell people who report that it knows the system isn't working and when it will be fixed 01:08:00
• A councilmember asked why San Jose is the only surveyed city that requires three visits before a tow 01:10:33
• City staff explained that contract staff, who cannot cite or tow, make an extra check visit so city enforcement officers are sent only to vehicles still in violation 01:11:40
• City staff said 7,400 of the 10,000 cases reached a second visit and over 5,000 of those vehicles had moved 01:14:33
• City staff estimated that dropping the third visit would require at least two more enforcement officers plus vehicles 01:15:37
• The mayor said the program meets its timeliness goals yet gets poor satisfaction ratings, a mismatch of expectations 01:17:03
• The mayor said better communication may not be enough and the city may need to change local policy or ask the state for more flexibility 01:18:03
• The mayor floated a neighborhood pilot of monthly street sweeping that requires moving cars, if budget allows next year 01:20:19
• A councilmember noted the state allows towing cars with registration expired six months, but the city waits a year 01:22:01
• City staff said the department cites unregistered vehicles at six months and tows after a year, a practice choice, and has towed over 3,000 vehicles 01:22:16

Approval of a collective bargaining agreement with the Municipal Employees' Federation, AFSCME Local 101, for July 1, 2026 through June 30, 2029. 01:24:04

• Peter Ortiz (Councilmember, District 5) moved approval; seconded. Result: passed, unanimous. 01:31:12

• City staff said the agreements include guaranteed 3 percent pensionable raises each year, a 1 percent lump sum, safeguards on artificial intelligence and promotion process improvements 01:25:38
• City staff said AMSP's tentative agreement was not ratified by its members and will go to closed session next week 01:24:30
• The mayor called the agreement fair and said the city has managed tough budgets without layoffs 01:28:13
• A councilmember argued the city cannot serve residents well while leaving its workers behind, and moved approval 01:30:00

Approval of collective bargaining agreements with the Association of Engineers and Architects (AEA) and the City Association of Management Personnel (CAMP), IFPTE Local 21, for July 1, 2026 through June 30, 2029. The AMSP agreement listed on the agenda was dropped under Orders of the Day. 01:31:14

• Approve the AEA and CAMP agreements (mover not identified); seconded. Result: passed, unanimous. 01:32:01

An ordinance that consolidates the city's solid waste rules, adds state requirements on recycled paper carry-out bags (SB 1053), and updates the construction and demolition diversion program, plus revised fines for two code sections. The council also asked staff to look at raising fines for improper disposal. 01:32:06

• Pamela Campos (Councilmember, District 2) moved to approve the staff recommendations with direction to the city manager to evaluate the schedule of fines and return during the next budget cycle with recommendations to potentially increase fines for solid waste violations and discourage improper disposal; seconded. Result: passed, unanimous. 01:37:44

• A councilmember asked whether the amendments would help staff deal with solid waste dumped in bike lanes and the public right of way 01:35:23
• City staff answered that yes, the amendments would help enforcement 01:35:58
• David Cohen (Councilmember, District 4) said he hopes the changes will give better visibility into the city's waste diversion rates 01:36:52

An ordinance carrying out state law (AB 1572, Water Code section 10608.14) that phases in a ban on using potable water to irrigate nonfunctional turf on specified properties. Who will enforce it across the city's several water retailers is still being worked out. 01:37:46

• David Cohen (Councilmember, District 4) moved approval of the staff recommendation; announced with Bien Doan (Councilmember, District 7) absent, then recorded as unanimous with all present after he returned and voted yes. Result: passed, unanimous. 01:46:47

• David Cohen (Councilmember, District 4) asked how enforcement is split between the city and the water companies 01:41:01
• City staff said state law lets cities impose civil penalties of about $1,000 per day per violation, but the city is taking an education-first approach 01:41:36
• City staff said the proposal has each water retailer enforce in its own service area, as with past water-waste complaints 01:42:37
• City staff said staff have worked with San Jose Water since July but received its formal letter only the day before, and that Great Oaks Water has not taken part 01:43:23
• City staff said San Jose Water wants the city to enforce citywide, which staff disagree with, citing Proposition 218 limits and code enforcement capacity 01:44:47
• City staff said Valley Water, as wholesaler, could also act as an enforcement authority 01:45:49

Renaming of the 3.4-acre downtown park, which had carried its namesake's name since 1993. The council's Rules Committee directed the renaming in March after revelations about the namesake. The council chose a new name for the city's central civic plaza, home to events like Christmas in the Park and Jazz Fest, after a community survey with more than 10,000 responses. It also waived the policy criteria that normally keep long-standing names unless there is a sponsorship or contribution. 01:46:50

▶ Hear it A historic plaza gets a new name · 0:46

• Anthony Tordillos (Councilmember, District 3) moved the staff recommendation: waive the sponsorship and contribution renaming criteria and rename the park Plaza de San José. Result: passed, unanimous. 02:20:46

• City staff said staff were responding to Rules Committee direction given in March after troubling details about the park's namesake came to light 01:47:20
• City staff recounted that the former Plaza Park was renamed in 1993 to honor the farmworker leader after his death 01:49:24
• City staff said the ranked-choice survey drew exactly 10,506 respondents 01:52:37
• City staff said 86 percent of responses came from San Jose ZIP codes and 96 percent from within Santa Clara County 01:53:40
• City staff said 432 of the first survey's 610 suggestions met policy criteria and were consolidated into 88 eligible names, the top five going to a ranked survey 01:53:40
• City staff said staff recommend Plaza de San José based on the engagement surveys 01:55:44
• City staff said staff will issue a request for qualifications for a conservancy at year's end and seek a contract in spring 2027 01:55:44
• City staff said the Parks and Recreation Commission unanimously recommended Plaza del Pueblo de San José on October 7, which staff agreed also conforms 01:56:47
• The mayor said he co-authored the memo starting the renaming process with four councilmembers 02:15:09
• The mayor said the survey turnout shows how much the plaza means to the community 02:17:27
• A councilmember said the council should not dictate the name and the community should lead 02:17:58
• A councilmember said Plaza de San José was the most suggested name by more than two to one 02:19:01
• A councilmember said it drew more first-choice votes than the second- and third-place names combined, then moved the staff recommendation 02:19:01

The council changed how the city's loan for Parkmoor Community Apartments (1510-1540 Parkmoor Avenue, District 6), built by Abode as permanent supportive housing for foster and transition-age youth, may be spent: instead of construction costs, it will pay down the Capital One construction loan. Staff said the developer barely drew on the city loan during construction, a math error went uncaught in 2023, and without the change the building would run at a loss from early 2027. 02:20:48

▶ Hear it What happens if the city won't rescue a youth housing project? · 1:10

• Michael Mulcahy (Councilmember, District 6) moved to approve the conversion to permanent financing; announced with Peter Ortiz (Councilmember, District 5) absent, then, after an aye, recorded as unanimous with all present. Result: passed, unanimous. 02:49:46

• City staff said the developer used only about 4 percent of the city construction loan and later needed the full amount to pay down the senior loan, or it would lose money from day one 02:23:07
• City staff said operating costs came in 8.3 percent above projections 02:24:12
• City staff said Destination Home proposes $950,000 to bridge a cash-flow gap until year fifteen 02:24:12
• Anthony Tordillos (Councilmember, District 3) asked whether construction costs were overestimated and operating costs underestimated 02:26:01
• City staff acknowledged that the department did not catch an error in the sources-and-uses calculation in early 2023 02:26:27
• Anthony Tordillos (Councilmember, District 3) asked why the city only learned of the problem in May 2026, eight months after construction finished in September 2025 02:28:02
• City staff explained the developer was leasing up units before converting the loan and submitting a final budget 02:28:20
• City staff said estimated repayments to the city total about $164,000 until year twelve, with no guarantee after that 02:30:53
• City staff said the department has changed underwriting and shifted toward mixed-income projects that cross-subsidize 02:31:13
• The mayor warned that 100 percent supportive or very-low-income projects statewide are under financial strain and some may surface locally 02:32:30
• A councilmember asked why the developer would choose worse loan terms than the city's 02:33:38
• City staff said the city takes a second lien position after the senior lender, depending on whether the county or the city lends more, with its affordability restrictions above all deeds of trust 02:35:35
• A councilmember raised concern that the project is likely undercapitalized for ongoing maintenance 02:37:43
• City staff said the youth hub's services are county-funded through Behavioral Health Services, separate from building operations 02:39:29
• Pam Foley (Councilmember, District 9; Vice Mayor) objected that paying down a private loan was not what the council approved the money for 02:43:21
• City staff said without the change the property would run negative cash flow by early 2027 and could become a zombie building 02:43:49
• City staff said staff have no indication that any other Abode property is in a similar situation 02:45:01
• Pam Foley (Councilmember, District 9; Vice Mayor) said she would support it reluctantly to protect the young residents, while calling the situation distasteful 02:46:38
• City staff said a risk rubric from the auditor's recommendations is being applied to all 208 tax-credit buildings, and it gives no basis to replace Abode 02:47:38
• City staff estimated the city is taking out about 85 percent of the senior loan and promised the final figure later 02:48:51
• Anthony Tordillos (Councilmember, District 3) asked about another city-funded Abode project under construction on Santa Clara Street; staff reported no issues 02:49:07

• Consent calendar: two speakers. One urged passage of a transit sales tax measure to avoid VTA service cuts (not an agenda item). One opposed using Cambrian Branch Library as a warming site, saying few unhoused people are nearby and asking how people would get there, while supporting Roosevelt Community Center.
• Vehicle abatement audit: two speakers. One said leaves and yard debris piled around parked cars block storm drains and cause flooding, and asked for weekly removal. One supported the audit and memo and asked that the recommendations be applied across all 311 services and departments.
• Solid waste code: two industry representatives spoke in support, especially of independent verification of construction and demolition recycling rates; a third online speaker was cut off.
• Nonfunctional turf: two speakers. One urged treating purified recycled water carefully as potable water. One asked whether the city can go beyond state law, such as on irrigated bioswales, and whether dog relief areas are exempt.
• Plaza renaming: about 16 speakers. About a dozen, many with Amigos de Guadalupe / Friends of Guadalupe, asked the council to name it Plaza de los Inmigrantes (Immigrants Plaza) instead, citing the city's large immigrant population. Two supported Plaza de San José or a similar name and urged improvements to the park, one of them an event producer. One suggested an Ohlone name or adding Guadalupe; one suggested a hotel-related name.
• Parkmoor financing: no public comment; one speaker passed, and an online caller did not speak.
• Open forum: four speakers. An eighth grader proposed green-roof bus shelters funded through VTA advertising contracts. A downtown resident, citing a petition with 176 signers, asked for enforceable nighttime noise limits for nightclubs and loud vehicles. A speaker urged pulling back on surveillance technology such as Flock cameras and noted a San Diego data center moratorium. A speaker asked for a coordinated task force on safety problems along Almaden Road and San Jose Avenue.

• The non-ratified AMSP tentative agreement goes to the council in closed session next week, per city staff.
• Vehicle abatement: the new 311 app is to go live in March 2027, with a Transportation and Environment Committee update in April; staff said they would look at interim messaging in the current app.
• The mayor said he may propose a neighborhood street sweeping pilot, possibly in the March budget message, if budget allows.
• Solid waste: the city manager is to evaluate the schedule of fines and return during the next budget cycle with recommendations to potentially increase fines.
• Nonfunctional turf: enforcement talks with San Jose Water and Valley Water are to continue; a councilmember referred to the ordinance coming back to council.
• Plaza de San José: staff plan to release a request for qualifications for a conservancy at the end of the calendar year and seek a contract in spring 2027.
• Housing: staff will bring other struggling affordable housing projects, including the First Community Housing portfolio, to the council on November 10 (also described as in two weeks), and will report the final share of the Parkmoor senior loan being taken out.
• Overnight warming locations: housing staff are exploring acquiring one or two more permanent sites.

Two routine items approved in one vote: the action minutes from September 9, 2026, and a Planned Development Permit with a Determination of Public Convenience or Necessity letting a future Vallarta Supermarket sell a full range of alcohol for off-site consumption (Type 21) in an existing roughly 63,737-square-foot space at 2179 Monterey Road in Council District 7 (agenda). No commissioner pulled an item. 00:06:07

• Lawrence Casey (Commissioner) moved to approve the consent calendar, seconded by Melissa Bickford (Commissioner) (as the chair stated them); Khoi Nguyen (Commissioner), Pierluigi Oliverio (Commissioner) and Carlos Rosario (Commissioner) absent. Result: passed, 8-0. 00:07:46

A neighboring RV business appealed a December 2025 director's hearing approval of a special use permit for Valley Recycling II at 1611 South 7th Street in Council District 7. The permit would raise the site's maximum daily intake of construction, demolition and inert debris from 174.99 tons to 2,451 tons, the amount staff and the agenda say the facility was designed and built for, and allow it to run 24 hours a day, 7 days a week except holidays. The appellant said dust, debris and odor from the open-air site are hurting the business and the health of its staff. Staff recommended denying the appeal. Staff said a consultant's dust study found the expanded operation would exceed a PM10 threshold, so a condition keeps the permit from taking effect until a permit adjustment carries out the study's fix: raising the perimeter fence to 25 feet and/or lowering pile heights. The environmental exemption was not before the commission because no valid appeal of it was filed. 00:08:48

• The chair offered a substitute motion to deny the permit unless a dust mitigation plan is approved before it can be issued, seconded by a commissioner. Result: withdrawn. 01:19:21
• A commissioner moved to approve the staff recommendation, denying the appeal and upholding the director's hearing approval of Special Use Permit SP24-029, seconded by a commissioner; Khoi Nguyen (Commissioner), Pierluigi Oliverio (Commissioner) and Carlos Rosario (Commissioner) absent. Result: passed, 8-0. 01:23:19

• City staff presented the request: raising the facility's permitted daily capacity from 174.99 tons to 2,451 tons and its hours to 24/7 00:09:23
• City staff said code enforcement found no dust violation, and that the 24/7 operation had broken the state LEA permit rather than a city permit, an issue resolved before the director's hearing 00:11:32
• City staff said the supplemental dust analysis found current operations within state and federal thresholds, but the proposed operation would exceed the PM10 threshold 00:13:46
• City staff said the analysis recommended a 25-foot perimeter fence and/or lower tipping piles, and a condition keeps the permit from taking effect until a permit adjustment does this 00:13:46
• The applicant's representative said the applicant supports the staff recommendation and asked the commission to deny the appeal 00:15:14
• The applicant's representative said piles are limited to 25 feet and the fence will be raised to 25 feet 00:26:02
• The applicant's representative said the facility cannot take more tonnage until it gets its solid waste facilities permit and air permits, and the fence must go up first 00:26:47
• The applicant's representative said the facility has never received a violation for odor or dust, only areas of concern on other items 00:27:25
• City staff said, as the LEA inspector, she has issued no dust or odor violations in three to four years of inspecting the site and can't cite what she doesn't see in person 00:28:27
• City staff said she issued an area of concern for odor earlier this month after noticing an intermittent earthy odor, and that earlier record-keeping issues have been abated 00:29:33
• City staff said two nearby construction-demolition sites run differently, and unlike them Valley Recycling operates in the open air with no roof or overhang 00:32:54
• A commissioner questioned approving an increase before the operator shows a track record at its current capacity, comparing it to a liquor license the commission had held back 00:33:50
• City staff said the site is surrounded by heavy industrial uses, the only designation that would allow this use, and that conditions were added for that reason 00:34:52
• Luis Arguello (Commissioner) described dust-suppression equipment used in demolition work and asked whether the operator plans an ongoing dust-suppression system 00:37:05
• The applicant's representative described a full-time 4,000-gallon water truck that fills about 10 times a day, plus street sweeping four to six times a day 00:38:24
• The applicant's representative said more than 40 dust complaints have produced no violations from the LEA or the air district 00:38:24
• City staff clarified that piles will stay the same height, since the operator chose the taller fence over lowering the piles 00:41:03
• City staff explained that the LEA is state-funded but sits within city code enforcement 00:42:28
• Michael Young (Commissioner; Vice Chair, Planning Commission) argued that the commission decides only whether the land use is appropriate, with dust and odor left to the LEA and the air district, then moved the staff recommendation 00:43:36
• The applicant's representative said a bigger, more permanent sprinkler or dust-control system is planned in about six to nine months, though it was not in the original plans 00:46:33
• The chair questioned how the operator could handle a much larger volume without hazards to neighbors if it can't process its current volume fast enough 00:53:37
• The applicant's representative said the 2,451-ton cap is a safeguard for large one-time loads such as soil or concrete, and would rarely if ever be reached 00:58:00
• A commissioner said the vote concerns land use, with air quality handled at other checkpoints, and backed the original motion 01:03:17
• City staff said the dust study found prevailing winds blow mostly southeast, toward the adjacent 1615 parcel rather than the appellant's site 01:06:19
• A commissioner argued that heavy industrial areas are where this kind of work belongs, and staff agreed 01:10:42
• Michael Young (Commissioner; Vice Chair, Planning Commission) confirmed with staff that the facility was originally designed for the requested capacity 01:11:57
• City staff said environmental review found the project exempt from CEQA as an existing facility 01:12:27
• Michael Young (Commissioner; Vice Chair, Planning Commission) argued that mitigation measures aren't appropriate since no CEQA approval was needed, and noted the facility predates the complainants 01:13:04
• City staff described the site's operations plan as enforceable through code enforcement, with watering, sweeping and equipment spray requirements 01:14:15
• City staff said the operations plan estimates water use rising from 700 to 2,000 gallons a day under the proposal 01:15:20
• Michael Young (Commissioner; Vice Chair, Planning Commission) pointed out that only two people came to oppose, compared with the dozens problem projects usually draw 01:16:33
• City staff advised that the substitute motion's maker would need to make findings to deny the permit 01:17:38
• Michael Young (Commissioner; Vice Chair, Planning Commission) said enforcing dust rules is up to code enforcement and state agencies, not the commission, and opposed the substitute motion 01:19:01
• The chair withdrew the substitute motion after learning the facility was designed for the requested volume 01:19:21
• A commissioner said the neighbors knew a recycling center was there when they moved in, and backed the original motion as a land-use vote 01:19:54
• The chair said he would vote yes because the use is not changing significantly beyond its intended design 01:22:19

The commission was asked to recommend that the City Council approve a first amendment to Apple's development agreement for its roughly 86-acre North San Jose site on Orchard Parkway in Council District 4. The agreement allows 4,150,000 square feet of development, and staff said about 487,000 square feet, or roughly 12%, is built so far. The amendment would take 9.7 acres fronting North 1st Street out of the agreement for sale to PG&E, which staff said publicly intends to build a substation there. It also anticipates a conditional vacation of the stretch of Orchard Parkway between Atmel Way and Component Drive, and part of Atmel Way. That vacation is a separate City Council action, triggered by Apple filing a permit for its next building, approved improvement plans, and a notice of intent to close the streets. In return, Apple would pay $2,500,000 toward a bike and pedestrian crossing at Trimble Road, install protected Class IV bike lanes on Component Drive, and give $90,000 to the Transit Priority Signal Fund ($30,000 each for the Trimble, Component and Charcot intersections with North 1st Street). Public speakers and VTA objected to losing Orchard Parkway as a bike route; VTA also opposed a substation next to the light rail station, and other speakers tied the substation to a proposed data center. Staff dropped the General Plan consistency finding from its recommendation. 01:23:19

• A commissioner moved staff's recommendation as shown on the slide: recommend that the City Council adopt a resolution approving the addendum to the North San Jose Development Policies, Envision San José 2040 and BEA Development Project EIRs, and approve the ordinance adopting the First Amendment to the Amended and Restated Development Agreement with Apple Inc.; seconded by a commissioner; Khoi Nguyen (Commissioner), Pierluigi Oliverio (Commissioner) and Carlos Rosario (Commissioner) absent. Result: passed, 8-0. 02:14:52

• City staff said the agreement allows 4,150,000 square feet on the site, and about 487,000 square feet has been built in two buildings 01:26:16
• City staff said the amendment removes 9.7 acres fronting North 1st Street for a sale to PG&E 01:28:19
• City staff described the conditional vacation of Orchard Parkway between Atmel Way and Component Drive, plus part of Atmel Way 01:28:19
• City staff said the vacations happen only after Apple files a permit for its next building, improvement plans are approved, and Apple gives notice of intent to close the streets 01:29:21
• City staff listed Apple's contributions: $2,500,000 for a Trimble Road bike and pedestrian crossing, and Class IV bike lanes on Component Drive 01:29:21
• City staff added a $90,000 contribution to the Transit Priority Signal Fund, $30,000 for each of three North 1st Street intersections 01:29:21
• City staff said the commission does not act on the street vacation, which the City Council decides while Public Works processes it 01:30:25
• City staff said the environmental addendum found no new or more severe significant impacts and no need for new mitigation 01:35:03
• City staff said staff dropped the General Plan consistency finding from its recommendation 01:35:34
• The chair disclosed a recent conversation with an Apple representative and said he had read the speakers' letters 01:48:28
• City staff confirmed the amendment is consistent with the Envision 2040 General Plan and the 2016 agreement 01:50:00
• Luis Arguello (Commissioner) said he would move approval if the site were in his district 01:50:29
• A commissioner stressed that the decision concerns land Apple owns, not a data center 01:51:19
• City staff said a PG&E substation would go through a separate approval and that PG&E is largely exempt from city land-use review 01:53:16
• City staff confirmed that PG&E is regulated by the California Public Utilities Commission, not the city's land-use process 01:53:42
• A commissioner framed the question as whether Apple's concessions make up for the streets and public access the city would give up 01:54:02
• City staff said the action shrinks the development agreement's footprint to keep the site buildable as a campus 01:54:47
• City staff said staff will bring a data center item to the City Council in December 01:55:52
• City staff said Orchard Parkway is an easement over land that would revert to the underlying property owner 01:56:54
• City staff said Apple is not proposing a data center and the site isn't seen as one, and that nearby data centers are unrelated to this action 01:57:56
• A commissioner moved the staff recommendation, citing Apple's interest in building non-data-center business space in District 4 01:58:50
• City staff confirmed that the area along the 1st Street light rail station is suitable for transit-oriented development 02:00:21
• City staff said a traffic study routes pedestrians around via North 1st Street, and no bike access through Orchard Parkway has been considered 02:01:01
• City staff advised that the city can't dictate where Apple carves off the parcel or where the substation goes, though it could raise health and safety issues with the CPUC 02:04:50
• City staff pointed to existing substations near downtown and said the city's influence over major utility projects is limited 02:06:22
• City staff said Component Drive has no bike lanes now, and Apple would install the protected Class IV lanes in the city's plans 02:08:20
• City staff said Apple's Trimble crossing improvement is meant to keep the flood-prone section of the Guadalupe River Trail open in winter 02:09:44
• City staff said the data center raised in public comment has not been approved and is a separate project several blocks away 02:10:43
• City staff said data center standards coming to the commission in two weeks would include a proposal to send data center appeals straight to the City Council 02:11:28
• The chair said the commission doesn't review the street closure or the data center, and urged residents to raise those concerns with their councilmember 02:13:01
• The chair called a substation on that street unattractive and hoped the city would work with PG&E on a better approach 02:13:01

A package of amendments to Title 13 and Title 20 of the Municipal Code, sent to the City Council with an advisory recommendation. In High and Very High Fire Hazard Severity Zones, it would let owners use the streamlined 'unsuitable tree' removal process for trees 5 to 100 feet from a home, capped at 10 trees per lot in the 30-to-100-foot zone, and pay an in-lieu fee instead of replanting on site. It adds a stricter definition of demolition for properties on the Historic Resource Inventory, so that CEQA review still applies when they are substantially altered. Other changes: updated SB 9 historic-district rules under AB 1061; ADU rules allowing combinations that could yield five units on a single-family lot, including the main home; a legally nonconforming use could sit unused for up to three years, instead of six months, before losing its status, with no special use permit to reinstate it; retaining walls up to four feet would need no planning permit, four to seven feet an administrative permit, and seven feet or more a special use permit; vehicle gates for developments of up to 50 units could get an administrative permit. Per the agenda, it would also lengthen the noticing period from 10 to 20 days under AB 2904 and make other definitional and technical fixes. 02:14:52

• A commissioner moved to approve the staff recommendation, recommending that the City Council adopt the ordinance and consider the CEQA determination of consistency; seconded by a speaker; Dilpreet Bhandal (Commissioner) had left, and Khoi Nguyen (Commissioner), Pierluigi Oliverio (Commissioner) and Carlos Rosario (Commissioner) were absent. Result: passed, 7-0. 02:28:19

• City staff said the streamlined removal process would extend to defensible-space zones one and two in high fire hazard areas 02:17:16
• City staff said zone-two removals through the streamlined process would be capped at 10 trees per lot 02:18:17
• City staff said paying the city's in-lieu replacement fee would be acceptable in high fire hazard zones 02:19:17
• City staff proposed a new demolition definition for historic inventory properties so that CEQA review still applies under SB 79 and AB 130 02:21:19
• City staff said ADU combinations allowed by state law could yield five units on a single-family lot, and more changes are coming for ADU laws signed in September 02:22:22
• City staff said that, per council direction, the lapse period for legal nonconforming uses would go from six months to three years, ending the special use permit requirement 02:23:31
• City staff proposed raising the planning-permit threshold for retaining walls from two feet to four feet 02:23:31
• City staff said four-to-seven-foot walls would need an administrative permit and walls seven feet or taller a special use permit 02:24:34
• City staff said vehicle gates meeting safety rules for developments of up to 50 units could be approved by administrative permit 02:24:34
• City staff said the one public comment received, on tree removal, was outside the update's scope 02:25:42
• City staff said the airport land use commission found the ordinance consistent and the City Council will hear it on November 17, 2026 02:26:45
• City staff pointed out that the public hearing had not been opened for comment before the motion 02:27:31

Staff reported on recent City Council actions on items the commission had handled. Approving the 2027 Planning Commission meeting schedule was on the agenda, but the commission skipped it because the packet held the 2026 schedule instead. 02:28:19

• No motion; approval of the 2027 Planning Commission meeting schedule was skipped. Result: no action. 02:30:49

• City staff reported that on September 15 the council took up reasonable accommodation code amendments, a planned development permit on Cottle Road, and an appeal of a Builder's Remedy project 02:28:52
• City staff reported that on September 29 the council heard the Sakura Market permit at 184 South Market, and that staff also brought the citywide planning work plan prioritization and an early consideration of a general plan change and an environmental appeal 02:28:52
• A commissioner pointed out that the agenda attachment was the 2026 calendar, not 2027 02:30:15
• City staff said staff would look into it and bring the schedule back at the next meeting 02:30:31

• General public comment (non-agenda items): no speakers. One speaker card listed no agenda item, and the chair asked staff to help that person; he later spoke on item 5a.
• Item 5a (Valley Recycling appeal): two speakers from the appellant, a neighboring family-run RV business. They described dust, debris, and lately an ammonia-like odor from the site's piles, said these have triggered serious asthma attacks and other health problems among staff, showed videos of dust coming over the fence, and said the operator has been warned repeatedly about pile height and processing times. They argued that an operator struggling at current volumes should not get a large capacity increase and 24/7 hours. One said things had improved since the complaints but were not fixed. Staff said one other community member had reached out in opposition.
• Item 5b (Apple development agreement): five speakers, two in person and three on Zoom, all opposed or critical. A VTA principal transportation planner said VTA cannot support the project as proposed: a substation next to the light rail station conflicts with transit-oriented plans, and closing Orchard Parkway removes a low-stress bike route. VTA asked to keep bike and pedestrian access, or to require other improvements. Two bike advocates objected to closing Orchard Parkway to people walking and biking; one said it would force a long detour off the Guadalupe River Trail and asked for a sunset date, payment to the city, and a permanent bike/ped easement. A speaker from a Sierra Club chapter said the PG&E substation expansion would power a proposed data center on Charcot Avenue, objected to reviewing them separately, and asked that the whole be analyzed before any approval; two other Zoom speakers tied the deal to data centers too, one of them urging a moratorium. One more Zoom speaker was called but did not respond.
• Item 5c (code amendments): no public speakers; staff noted one public comment received on tree removal, which it called outside the scope of the update.

• Item 5b goes to the City Council as a recommendation on the addendum and the development agreement amendment ordinance. The Orchard Parkway and Atmel Way street vacations are a separate City Council action that Public Works is processing concurrently.
• Staff said a data center item goes to the City Council in December, and amended data center standards, including a proposal to send data center appeals directly to the council, come to the Planning Commission in about two weeks.
• Item 5c, the Title 13/Title 20 code amendments, goes to the City Council hearing on November 17, 2026. Staff said further ADU code changes will follow from ADU laws the governor signed in September.
• Valley Recycling still needs a permit adjustment for the taller fence, a solid waste facilities permit, and air district permits before it can take more tonnage, according to its representative and staff.
• Staff will bring the 2027 Planning Commission meeting schedule back at the next meeting.