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FW: 4/19/23 Rules Committee and Council 4/25/23 Agenda Item 8.4 City Clerk <[email protected]>
Tue 4/18/2023 5:06 PM
To: Rules and Open Government Committee Agendas <[email protected]>;Agendadesk <[email protected]>
1 attachments (222 KB)
Ltr to Hon. Mayor Mahan for 4-25-23 Agenda Item 8.4.pdf; From: Bart Hechtman < >
Sent: Tuesday, April 18, 2023 4:58 PM
To: City Clerk <[email protected]>
Cc: The Office of Mayor Matt Mahan <[email protected]>; CAO Main <[email protected]>; ; Carol Ann Bianco-Webb < >
Subject: 4/19/23 Rules Committee and Council 4/25/23 Agenda Item 8.4 Dear City Clerk:
Please include the attached letter in tomorrow’s Rules Committee packet as well as the City Council Meeting Agenda packet for its April 25th meeting, and distribute to the City Council Members and Mayor.
Sincerely,
Bart Hechtman
BARTON G. HECHTMAN
Matteoni, O'Laughlin & Hechtman
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CONFIDENTIALITY NOTICE: This communication constitutes an electronic communication 4/19/23, 8:37 AM Mail - Rules and Open Government Committee Agendas - Outlook https://outlook.office365.com/mail/[email protected]/inbox/id/AAQkADhhYzk3NTk1LTBmZDAtNDc4Yi1hN2Q0LTZjNmZjNTk5MT… 2/2 This message is from outside the City email system. Do not open links or attachments from untrusted sources. within the meaning of the Electronic Communications Privacy Act, 18 U.S.C. Section 2510, and its disclosure is strictly limited to the recipient intended by the sender of this message. This transmission, and any attachments, may contain confidential attorney-client privileged information and attorney work product. If you are not the intended recipient, any disclosure, copying, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. Please contact us immediately by return e-mail or at , and destroy the original transmission and its attachments without reading or saving in any manner.
Matteoni
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April 18, 2023
Via Email Only
Hon. Mayor Matt Mahan
and Members of the San Jose City Council
San Jose City Hall
200 Santa Clara Street, 1 8'h Floor
San Jose, CA 95113
Re: Council Policy 5-1/Pleasant Hills Golf Course
April 25, 2023 Council Agenda, Item 8.4
Dear Mr. Mayor and Members of the Council:
This office is land use counsel for Lakeside Community, LLC. On its behalf, I write today to urge deferral of Agenda Item 8.4 on your April 25'h agenda, regarding a community engagement process for the redevelopment of Pleasant Hills Golf Course.
At its November 29!h, 2022 meeting, the Council started a discussion regarding amending Council Policy 5-1 regarding VMT. That discussion was continued to the December 6 meeting, at which meeting the Council amended Council Policy 5-1 through the adoption of Resolution 80808. As reflected in the transcribed minutes of the hearing, in addition to amending Policy 5-1, the Council's motion provided direction to staff to chart a specific course regarding the development of a community engagement process as part of an update to Policy 5-1 : First, the process that staff was to develop was to be developer-led, with specific criteria identified by Council to ensure that the process included those elements. Second, that process was to be wholistic in the sense that it would be applicable throughout the City, comprised of considerations and factors "beyond a single project". At that December 6 meeting, the Council directed staff to bring a draft of a Policy 5-1 update that included a developer-led City-wide process to Council for review in February, 2023.
Staff was unable to meet the Council's February timeline, and still has not brought a draff of that community engagement process to Council for review four months after the assignment was given. Instead, Staff is [848
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Hon. Mayor Matt Mahan
and Members of the San Jose City Council
April 18, 2023
bringing to Council on April 25'h Item 8.4, which conflicts directly with the Council's December 6'h, 2022 direction in adopting Resolution No. 80808. Through Item 8.4, Staff is proposing a rather than developer-led community engagement process, and is proposing that process for a single development (the redevelopment of the Pleasant Hills Golf Course) rather than a process that applies City-wide.
Various Council members were quite clear on the record at the November/ December hearings regarding Policy 5-1 about the risks and detriments of developing a community engagement process based on a single project, which led to the Council's consensus that the process developed should be based on City-wide considerations.
The developer-led, City-wide process the Council directed staff to develop has not been created yet, though if you review the staff report for Item 8.4, it provides a tremendous amount of information relevant to a City-wide process, and could easily be repurposed to address at a Council meeting in the near future the developer-led, City-wide process that the Council directed staff to create at the Council meeting on December 6, 2022.
Consequently, it is premature for staff or the Council to discuss a community engagement process for the redevelopment of the Pleasant Hills Golf Course. That discussion should only occur afferthe developer-led, City-wide community engagement process has been established as part of an update to the City's VMT 5-1 policy. For that reason, Lakeside Community, LLC requests that the City Council defer Item 8.4 indefinitely, to be heard affer city staff follows the December 6'h, 2022 Council direction by bringing back an update to Policy 5-1 that includes an erlgagement process that applies City-wide and that process has been approved by the City Council.
Very truly yours,
BARTON G. HECHTMAN
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cc: City Clerk,
City Attorney
Lakeside Community, LLC
Z:SClientsV))ALPmpertiesSCorrespondencelLtrtoMayorMahanrePolicy5-1 4.18.23.docx