MINUTES OF THE CITY COUNCIL

SAN JOSÉ, CALIFORNIA TUESDAY, NOVEMBER 21, 2000

The Council of the City of San Jose reconvened at 7:35 p.m. in Council Chambers at City Hall for the 2000 General Plan Annual Review.

Present: Council Members: Chavez, Dando, Diaz, Diquisto, Fiscalini, LeZotte, Powers, Reed, Shirakawa Jr., Woody; Gonzales

Absent: Council Members: None.

2000 ANNUAL REVIEW OF THE GENERAL PLAN

Mayor Gonzales welcomed everyone to the last session of the City Council’s Annual Review of the General Plan for 2000, outlined the procedural steps for the General Plan Public Hearing process, and defined the time limits for presentations to be made by City Staff, applicants, proponents and opponents to the proposals. He stated text amendments will be considered in the order shown on the Agenda and that any changes to the public hearing schedule will be made available to the public. He stated copies of the Agenda for the evening’s meeting have been placed on the table at the public entrance to Council Chambers, and a copy of the General Plan Amendment Report and documents relating to the 2000 Annual Review of the General Plan are available for inspection at the Press Table at the front of Chambers. He stated the City Council will consider text amendments and land use amendments to the General Plan for Council Districts 2, 4, 7, 8, and 10, and will take final action at the conclusion of tonight’s hearing on the 2000 Annual General Plan Review.

Documents Filed: See General Plan Minutes of November 13, 2000 and the memo-randum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated October 12, 2000, transmitting the 2000 General Plan Annual Review.

CONSENT CALENDAR

Upon motion by Council Member Powers, seconded by Vice Mayor Fiscalini and unanimously carried, the Consent Calendar was approved and the below listed actions taken as indicated. Vote: 11-0-0-0.

Text Amendments

GP00-T-01: Text amendment to make minor changes and modifications (Staff). CEQA: Resolution No. 65459. Staff and Planning Commission recommend approval.

Discussion/Action: The recommendation of the Planning Director and the Planning Commission to amend the General Plan text to make minor changes and modifications was tentatively approved. Vote: 11-0-0-0.

GP00-T-03: Text amendment to modify the upper end of the density range of the High Density Residential land use designation (Staff). CEQA: Addendum to the 2020 General Plan Environmental Impact Report. Staff and Planning Commission recommend approval.

Discussion/Action: The recommendation of the Planning Director and the Planning Commission to modify the upper end of the density range of the High Density Residential land use designation was tentatively approved. Vote: 11-0-0-0.

GP00-T-06: Text amendment to amend the Urban Design Policies to allow building heights up to 70 feet at the Oakridge Shopping Center, located on the north side of Blossom Hill Road between Santa Teresa and Winfield Boulevards (Staff). CEQA: Resolution No. 65459. Staff and Planning Commission recommend approval.

Discussion/Action: The recommendation of the Planning Director and the Planning Commission to amend the Urban Design Policies to allow building heights up to 70 feet at the Oakridge Shopping Center was tentatively approved. Vote: 11-0-0-0.

GP00-T-07: Text amendment to amend the Urban Design Policies to increase the maximum allowable height from 45 feet to 120 feet for the area bounded by Parkmoor Avenue, Race Street, and Meridian Avenue (Schoennauer/Swenson). CEQA: Negative Declaration. Staff and Planning Commission recommend approval.

Discussion/Action: The recommendation of the Planning Director and the Planning Commission to amend the Urban Design Policies to increase the maximum allowable height from 45 feet to 120 feet for the subject location was tentatively approved. Vote: 11-0-0-0.

GP00-T-08: Text amendment to amend the Urban Design Policies to increase the maximum allowable height from 50 feet to 120 feet at the southeasterly corner of Silver Creek Valley Road and U.S. Highway 101 (McCandless Management Corporation). CEQA: Negative Declaration. Staff and Planning Commission recommend approval.

Discussion/Action: The recommendation of the Planning Director and the Planning Commission to amend the Urban Design Policies to increase the maximum allowable height from 50 feet to 120 feet at the subject location was tentatively approved. Vote: 11-0-0-0.

GP00-T-11: Text amendment to amend the Urban Design Policies to allow building heights of up to 320 feet for the City Hall/Municipal Services Building within the Civic Plaza area (City Council). CEQA: Addendum to the Civic Plaza Redevelopment Plan Environmental Impact Report. Staff and Planning Commission recommend approval.

Discussion/Action: The recommendation of the Planning Director and the Planning Commission to amend the Urban Design Policies to allow building heights of up to 320 feet within the Civic Center area was tentatively approved. Vote: 11-0-0-0.

GP00-T-12: Text amendment to amend the Urban Design Policies to allow building heights up to 95 feet along the east side of South Bascom Avenue between Interstate 280 and approximately 600 feet north of Fruitdale Avenue (City Council). CEQA: Negative Declaration. Staff and Planning Commission recommend approval.

Discussion/Action: The recommendation of the Planning Director and the Planning Commission to amend the Urban Design Policies to allow building heights up to 95 feet and approximately 600 feet for the subject locations was tentatively approved. Vote: 11-0-0-0.

GP00-T-16: Text amendment to modify the Trails and Pathways Policies to encourage trail and pathway use for both recreational purposes as well as alternate transportation routes (Staff). CEQA: Resolution No. 65459. Staff and Planning Commission recommend approval.

Discussion/Action: In response to Holly Riley-Davis’ comments in opposition to equestrian usage of the trails and pathways, Director of Planning, Building and Code Enforcement, James R. Derryberry stated the intent in amending the text is to broaden the purpose for which the trails were designed. The recommendation of the Planning Director and the Planning Commission for an amendment to modify the Trails and Pathways Policies to encourage trail and pathway use for both recreational purposes as well as alternate transportation routes was tentatively approved. Vote: 11-0-0-0.

GP00-T-19: Text amendment to provide additional clarification that office uses are discouraged on lands with a Light Industrial General Plan land use designation (Staff). CEQA: Resolution No. 65459. Staff and Planning Commission recommend approval.

Discussion/Action: The recommendation of the Planning Director and the Planning Commission for an amendment to further clarify the uses on lands with a Light Industrial General Plan designation was tentatively approved. Vote: 11-0-0-0.

GP00-T-20: Text amendment to add additional future bicycle facilities to the Transportation Bicycle Network Diagram and create a General Plan Appendix I to list all of the existing and planned bicycle facilities (Staff). CEQA: Resolution No. 65459. Staff and Planning Commission recommend approval.

Discussion/Action: The recommendation of the Planning Director and the Planning Commission for an amendment to list existing and planned bicycle facilities was tentatively approved. Vote: 11-0-0-0.

Land Use/Transportation Diagram Amendments

District 7

GP00-07-02: General Plan amendment to change the Land Use/Transportation Diagram for property located on the northeast corner of Capitol Expressway and Vista Park Drive from Private Recreation to Medium High Density Residential (12-25 DU/AC) on a 14.9 acre site (Pinn Brothers Construction). CEQA: Negative Declaration. Staff and Planning Commission recommend approval.

Discussion/Action: The recommendation of the Planning Director and the Planning Commission for an amendment to change the Diagram to Medium High Density Residential (12-25 DU/AC) on a 14.9-acre site was tentatively approved. Vote: 11-0-0-0.

District 10

GP00-10-01: General Plan amendment to change the Land Use/Transportation Diagram for property located west of the intersection of Uvas Road and Casa Loma Road and south of Calero Reservoir County Park from Non-Urban Hillside to Public Park/Open Space on a 2,365-acre site (Staff). CEQA: Exempt. Staff and Planning Commission recommend approval.

Discussion/Action: The recommendation of the Planning Director and the Planning Commission for an amendment to change the Diagram to Public Park/Open Space on a 2,365-acre site was tentatively approved. Vote: 11-0-0-0.

GP00-10-02: General Plan amendment to change the Land Use/Transportation Diagram for property located on the southwest corner of Almaden Expressway and Almaden Road from Office to Medium High Density Residential (12-25 DU/AC) on a 2.8 acre site (Mr. Jon D. Carson, Wolf Almaden Properties). CEQA: Negative Declaration. Staff and Planning Commission recommend approval.

Discussion/Action: Representing the Almaden Community, the following individuals spoke in opposition to the General Plan amendment at Almaden Expressway and Almaden Road: Lauren Bowker, Janet Harper, and Edmond A. Hannan. As a point of clarification, Director of Planning, Building and Code Enforcement, James R. Derryberry stated the recommended action is not a rezoning, only an amendment to the General Plan to change the Diagram for the subject property. The recommendation of the Planning Director and the Planning Commission for an amendment to change the Diagram to Medium High Density Residential (12-DU/AC) on a 2.8-acre site was tentatively approved. Vote: 11-0-0-0.

GP00-10-03. General Plan amendment to change the Land Use/Transportation Diagram for property located on the segments of Vista Park Drive and Chynoweth Avenue generally located between Branham Lane and Blossom Hill Road from Arterial (80-106 ft.) to Delete Arterial (80-106 ft.) (City Council). CEQA: Negative Declaration. Staff and Planning Commission recommend approval.

Discussion/Action: The recommendation of the Planning Director and the Planning Commission for amendment to change the Diagram to Delete Arterial (80-106 ft.) was tentatively approved. Vote: 11-0-0-0.

END OF CONSENT CALENDAR

PUBLIC HEARINGS

Items to be Deferred

Mayor Gonzales stated that any item scheduled for hearing this evening for which deferral is being requested will be taken out of order and heard first on the matter of deferral. Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers and unanimously adopted, the below noted actions were taken. Vote: 11-0-0-0.

GP00-T-05: Text amendment to amend the General Plan Urban Design Policies to modify the policies on building height (Staff). CEQA: Incomplete. Staff and Planning Commission recommend deferral to February 2001 for the completion of the Housing Opportunity Study Environmental Impact Report.

Discussion/Action: The recommendation of the Planning Director and the Planning Commission for deferral to February 2001 for completion of the Housing Opportunity Study Environmental Impact Report was tentatively approved. Vote: 11-0-0-0.

GP00-T-17: Text amendment to revise the Transportation Level of Service Policy (City Council). CEQA: Incomplete. Staff and Planning Commission recommend deferral to 2001 Annual Review.

Discussion/Action: The recommendation of the Planning Director and the Planning Commission for deferral to the 2001 Annual Review was tentatively approved. Vote: 11-0-0-0.

GP00-08-04: General Plan Amendment to change the Land Use/Transportation Diagram for property located approximately 600 feet north of Norwood Avenue on Murillo Avenue from Non-Urban Hillside, Outside of the Urban Service Area and Outside the Greenline/Urban Growth Boundary to Medium Low Density Residential (8.0 DU/AC), inclusion within the Urban Service Area and inclusion in the Greenline/Urban Growth Boundary for 2 acres of a 4.2 acre site (McKay and Somps, Inc.). CEQA: Incomplete. Staff and Planning Commission recommend deferral to the 2001 Annual Review.

Discussion/Action: The recommendation of the Planning Director and the Planning Commission for deferral to the 2001 Annual Review was tentatively approved. Vote: 11-0-0-0.

ITEMS FOR DISCUSSION

Text Amendments

GP00-T-02a: Text amendment to modify text and Appendix C: Housing to reflect the Housing Element Update (Staff). CEQA: Resolution No. 65459. Staff and Planning Commission recommend approval.

Documents Filed: Letter from Saul Wachter, Affordable Housing Network of Santa Clara County, dated November 17, 2000, commenting on portions of the City’s Consolidated Plan and the need for long-term solutions to San José’s housing crisis.

Discussion/Action: In presenting background information on the proposed modification, Director of Planning, Building and Code Enforcement, James R. Derryberry, stated the staff-initiated amendment represents the work necessary to update the City’s Housing Element of the General Plan by December 31, 2001 to ensure that each jurisdiction has policies and programs in place to contribute to the attainment of the State housing goals. He stated the Housing Element is closely linked with the San José Consolidated Plan and that both documents demonstrate the City’s extensive commitment to providing housing opportunities for all economic segments of San José’s population. He stated the update coincides with the Association of Bay Area Government’s (ABAG) Regional Housing Needs Assessment and demonstrates how the City’s policies and programs ensure that this need can be met. Representing Affordable Housing Network, Ron Johnson, Saul Wachter, and Phyllis Ward spoke in opposition to the text amendment. Emphasizing the importance of getting certain information on the public record with regard to ABAG and the Housing Element, Council Members Powers stated the total housing element under State law for the Housing Element Plan is 247,000 units throughout the nine-county Bay Area region, with the fair share for the City of San José determined to be the largest number of housing units of any of the cities within the region. She stated the Metropolitan Transportation Commission (MTC) recently approved a $9-million grant program, as a housing incentive program, which promises to help in the City’s promotion of housing production along major transportation corridors, e.g., one bedroom unit qualifies for $1,000; two bedroom units qualify for $1,500 per bedroom; and three bedroom units are eligible for $3,000 per bedroom; with an additional $500 incentive, if the unit is designated for affordable housing needs. She stated the incentives proposed by MTC and ABAG working together will provide for more affordable housing units to be constructed throughout the region. Upon motion by Council Member Powers, seconded by Vice Mayor Fiscalini and unanimously carried, the recommendation of the Planning Director and the Planning Commission for amendment to reflect the Housing Element Update was tentatively approved. Vote: 11-0-0-0.

GP00-T-02b: Text amendment to modify the Discretionary Alternate Use Policies (Staff). CEQA: Resolution No. 65459. Staff and Planning Commission recommend approval.

Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers and unanimously carried, the recommendation of the Planning Director and the Planning Commission to modify the Discretionary Alternate Use Policies was tentatively approved. Vote: 11-0-0-0.

GP00-T-09: Text amendment to amend the Urban Design Policies to allow building heights up to 90 feet along the south side of Coleman Avenue from Newhall Street to the City limit line and southward to the Union Pacific property (Berliner Cohen). CEQA: Negative Declaration. Staff recommends No Change to the General Plan. Planning Commission recommends deferral to February 2001.

Discussion/Action: Representing Berliner Cohen, Linda Callon spoke in opposition to the staff recommendation, and urged Council to either approve or defer action to February 2001. Upon motion by Council Member Chavez, seconded by Council Member Diquisto and unanimously carried, the recommendation of the Planning Director for No Change to the General Plan was not approved; and the recommendation of the Planning Commission for deferral to February 2001 was tentatively approved. Vote: 11-0-0-0.

GP00-T-10 Revised: Text amendment to amend the Urban Design Policies to allow building heights up to 120 feet for one hotel; one residential building including parking and/or commercial space; and one hotel or one building with residential units combined with parking and/or commercial space (Berliner/Cohen). CEQA: Addendum to the Town and Country Village Environmental Impact Report. Staff and Planning Commission recommend approval.

Discussion/Action: Representing Federal Realty Town and Country, Linda Callon of Berliner Cohen spoke in favor of the amendment relating to Sites 5, 3b and 1c. David Nussbaum of the Belmont Village, developer of the assisted-living facility, expressed concerns about the 120-foot height of the building proposed on Site #11, which is directly adjacent to the 90-foot Belmont structure, and asked that the boundaries of the “floating 120s” should be relocated or increased setbacks imposed. Vice Mayor Fiscalini summarized results of several community meetings held between the developer and neighboring businesses and residents on the subject of the number, location, and height of the proposed structures on this site, and pointed out potential incompatibility of the taller buildings with adjacent facilities and their occupants. Emphasizing the need to resolve outstanding design issues regarding proposed building heights and locations, he requested that Staff identify at the PD zoning phase, if Site #11 is selected for height increase, plans for ample space between whatever is proposed on Site #11 and the adjacent 90-foot assisted-living facility, Belmont Village. Noting overall support of the recommended action, Council Members Dando and LeZotte pointed out the inappropriateness of the proposed locations of the 120-foot buildings, and voiced their opposition to any floating designations of the site developments. Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers and unanimously carried, the recommendation of the Planning Director and the Planning Commission to allow building heights up to 120 feet and residential buildings including parking and commercial space was tentatively approved with direction that Staff ensure at the PD zoning stage the height of any planned development on Site #11 does not negatively impact the adjacent assisted-living facility. Vote: 11-0-0-0.

GP00-T-18: Text amendment to amend the General Plan Scenic Routes and Trails Diagram to add the existing Coyote-Alamitos Canal as a Trails and Pathways Corridor (City Council). CEQA: Resolution No. 65459. Staff and Planning Commission recommend approval.

Discussion/Action: The following individuals spoke in opposition to the proposed text amendment: John Hesler, President, Gary Ogan and Don Widely, representing Santa Teresa Foothills Neighborhood Association; Forrest Williams; and Lynne Paulson. The following spoke in opposition to the proposed amendment: Dr. Rameshwar Singh, Ronald Horii, Vincent San Filippo, Donna Kehne, Tracy Hemmeter, Mike Hood, Mary Hood, Greg Weesner, Mark Zamoyski, Lance Burron, Michael Davis and Holly Riley-Davis. Upon motion by Council Member Powers, seconded by Council Member Diaz and unanimously carried, the recommendation of the Planning Director and the Planning Commission to add the existing Coyote-Alamitos Canal as a Trails and Pathways Corridor was tentatively approved. Vote: 11-0-0-0.

Land Use/Transportation Diagram Amendments

District 2

GP00-02-01/GP00-08-01: General Plan amendment to change the Land Use/Transportation Diagram designation for property located approximately 2,500 feet southerly of Silver Creek and San Felipe Roads, adjacent to the south of the Silver Creek Planned Residential Community from Non-Urban Hillside, Outside of Urban Service Area and Outside of the Greenline/Urban Growth Boundary to Estate Residential (1.0 DU/AC) on 16 acres, Very Low Density Residential (2.0 DU/AC) on 192 acres, Low Density Residential (5.0 DU/AC) on 322 acres, Medium Low Density Residential (8.0 DU/AC) on 83 acres, Medium Density Residential (8-16 DU/AC) on 4 acres, General Commercial on 34 acres, Public/Quasi-Public on 8 acres, Private Recreation on 395 acres, Urban Hillside on 75 acres, Private Open Space on 698 acres, Private Recreation on 10 acres, and Inclusion within the Urban Service Area of 1,817 acres (E. N. Richmond Trust; Edenvale Holdings, Inc.; Youngsville Holdings, Inc.; Youngsville Development, Inc.). CEQA: Incomplete. Staff and Planning Commission recommend No Change to the General Plan.

Documents Filed: Correspondence from Theodore A. Russell, for Sheppard, Mullin, Richter & Hampton, dated November 14, 2000, requesting Council authorize withdrawal of the application and refund of the filing fee paid by the applicants.

Discussion/Action: Lori Wider, representing the owners of Richmond/Young Ranches, spoke in support of the General Plan Amendment. Upon motion by Council Member Powers, seconded by Council Member Woody and carried, the recommendation of the Planning Director and the Planning Commission for No Change to the General Plan was tentatively approved. Vote: 10-1-0-0. Noes: Fiscalini.

GP00-02-02: General Plan amendment to change the Land Use/Transportation Diagram for property located on Branham Lane at US 101 to remove Interchange and Arterial (80-106 feet) Overpass at Branham Lane and US 101 (City Council) CEQA: Negative Declaration. Staff and Planning Commission recommend approval.

Discussion/Action: Judy Purrington, representing the Edenvale Roundtable Community Association, spoke in favor of amendment. Upon motion by Council Member Powers, seconded by Council Member LeZotte and unanimously carried, the recommendation of the Planning Director and the Planning Commission to remove Interchange and Arterial Overpass at Branham Lane and US 101 was tentatively approved. Vote: 11-0-0-0.

GP00-T-24: Text amendment to amend the Industrial Intensity Table to change the FAR and employee density for Edenvale (Staff). CEQA: Negative Declaration. Staff and Planning Commission recommend approval.

Discussion/Action: Upon motion by Council Member Powers, seconded by Council Member Shirakawa, Jr. and unanimously carried, the recommendation of the Planning Director and the Planning Commission to change the FAR and employee density for Edenvale was tentatively approved. Vote: 11-0-0-0.

District 4

GP00-04-03: General Plan amendment to change the Land Use/Transportation Diagram for property located on the northwest corner of Oakland Road and Coyote Creek from Heavy Industrial to Industrial Park and Private Open Space on an 18 acre site (The Schoennauer Company). CEQA: Negative Declaration. Staff and Planning Commission recommend approval on 30 acres.

Discussion/Action: Upon motion by Council Member Reed, seconded by Council Member Shirakawa, Jr. and unanimously carried, the recommendation of the Planning Director and the Planning Commission to change the Land Use/Transportation Diagram to Industrial Park and Private Open Space for 30 acres was tentatively approved. Vote: 11-0-0-0.

District 8

GP00-08-02: General Plan Amendment to change the Land Use/Transportation Diagram designation for property located generally north of Quimby Road, adjacent to the intersection of Canyon Ridge Drive and Springbook Avenue from Very Low Density Residential (2 DU/AC) and Outside the Urban Service Area to Low Density Residential (5 DU/AC) and inclusion within the Urban Service Area on a 5 acre site (HMH, Inc.). CEQA: Negative Declaration. Staff and Planning Commission recommend No Change to the General Plan.

Documents Filed: Memorandum from Council Member Woody, dated November 20, 2000, recommending Council deny the General Plan Amendment request and make no change to the General Plan.

Discussion/Action: Representing HMH Engineers, Inc., Tom Armstrong asked that the proposed application be withdrawn. Upon motion by Council Member Woody, seconded by Council Member LeZotte and unanimously carried, the recommendation of the Planning Director and the Planning Commission for No Change to the General Plan was tentatively approved. Vote: 11-0-0-0.

GP00-08-03: General Plan amendment to change the Land Use/Transportation Diagram for property located on the north side of Fleming Drive at Warner Drive from Very Low Density Residential (2 DU/AC) to Low Density Residential (5 DU/AC) on a 5 acre site (HMH, Inc.). CEQA: Negative Declaration. Staff recommends No Change to the General Plan. Planning Commission recommends Low Density Residential (5 DU/AC).

Discussion/Action: Council Member Woody recommended No Change to the General Plan, as the current designation is appropriate. The following individuals spoke in support of the proposed amendment: Rolando Loena; Irene Teixiera; Victor Garza, representing LaRaza Roundtable; Vic Zanola; Frank Avila; Tony Agredano; Charles Shaw; Cesar Cadena; and Lynn Thomas. Vice Mayor Fiscalini and Council Member Diaz concurred with the Planning Commission recommendation as the appropriate change in density for development on the subject property. Noting his support for the Planning Director recommendation, Mayor Gonzales urged the applicant to submit a proposal consistent with the staff recommendation. Upon motion by Council Member Woody, seconded by Council Member LeZotte and carried, the Planning Commission recommendation was not approved; the Planning Director recommendation for No Change in the General Plan was tentatively approved with direction that the Applicant submit a proposal consistent with the staff recommendation. Vote: 9-2-0-0. Noes: Diaz, Fiscalini.

ADOPTION OF A RESOLUTION FINALIZING THE TENTATIVE ACTION MADE BY THE CITY COUNCIL ON THE 2000 ANNUAL REVIEW OF THE GENERAL PLAN AND AMENDING THE GENERAL PLAN IN CONFORM-ANCE HEREWITH.

Documents Filed: None.

Discussion/Action: Mayor Gonzales requested that Staff review the Agenda format for easier comprehension and noticing requirements for compliance. Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers and unanimously carried, Resolution No. 70022, entitled: “A Resolution of the Council of the City of San José Adopting, Pursuant to Title 18 of the San José Municipal Code, amendments to the San José 2020 General Plan, San José, California” was adopted with direction to the City Manager, City Clerk, and Planning Staff to restructure the format of the General Plan Agenda, and that the Administration prepare a report for Council consideration on the issue of public noticing. Vote: 11-0-0-0.

REVIEW AND APPROVAL OF ANNUAL REPORT ON THE STATUS OF THE GENERAL PLAN

Documents Filed: Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated November 16, 2000, recommending Council accept the Annual Report on the Status of the General Plan required pursuant to Assembly Bill 1678.

Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers and unanimously carried, the City Council approved the annual report on the status of the General Plan. Vote: 11-0-0-0.

ADJOURNMENT

The Public Hearing on the 2000 Annual Review of the General Plan was adjourned at 9:55 p.m., and the Council of the City of San José adjourned at 9:55 p.m.

RON GONZALES, MAYOR

ATTEST:

PATRICIA L. O’HEARN, CITY CLERK