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Jim Chase (408)269-0966

Community Action In Robertsville (CAIR) files legal challenge against San Jose Unified School District in response to proposed school move

December 14, 1999 - San Jose, Calif. - In response to the November 18 decision by the San Jose Unified School District (SJUSD) to accept a mitigated negative declaration and to proceed with moving Broadway High School to the current John Muir Middle School Campus, the neighborhood community group surrounding Muir has initiated legal proceedings to block the proposed move. Community Action In Robertsville (CAIR) has filed a petition for writ of mandate and temporary stay against the district.

The writ petition challenges the environmental review process performed by the district. The temporary stay will prevent the district from relocating Broadway until the district adheres to the guidelines required by the California Environmental Quality Act (CEQA). CEQA requires that the relocation be reviewed to determine its effect on the environment, including traffic, parking, and noise impacts.

"The district has put the cart before the horse throughout the entire process of finding a site for Broadway", says Linda Gregory, CAIR Vice President and mother of a John Muir student. "First they chose the site without informing the community, now they ignore the requirements of CEQA. We are asking for a full environmental impact report to be prepared for the relocation to identify all potential impacts. It is unfortunate that the community must now endure the financial and emotional hardship of a costly and lengthy litigation against the very elected officials that are expected to represent them."

CAIR formed in June 1999 in response to the SJUSD plan to co-locate Broadway and Muir at the current Muir site. The local community was not made aware of the plan until days before the original July 1st SJUSD vote approved the plan.

Jim Chase, Founder and President of CAIR, states: "The vote taken on the 18th indicates that the district has continued to disregard the inputs of the community and legislative officials at all levels. Despite clear messages and requests delivered by the local residents, the City of San Jose, City Councilman John Diquisto, State Assemblymember Jim Cunneen and State Senator Byron Sher, the district seems determined to have its way in this issue. We maintain our position that co-locating these two schools will have a profound negative impact on the students of both schools and on the community at large. The fact that the community was not allowed to provide input prior to the decision adds to the level of frustration."

The proposed move was originally approved on July 1st, without any environmental analysis. CAIR has opposed the decision on the grounds that the community was excluded from the site selection process, the selection of Muir was made before any determination of the potential significant impact took place, and that the community will suffer as a result of the move.

About CAIR

The goal of CAIR is promote and preserve the quality of life in the Robertsville area of south San Jose. CAIR achieves its goals by actively participating in local and state government to ensure decisions are made with community input. CAIR was formed in June 1999 in response to San Jose Unified School District's decision to relocate Broadway Continuation High School onto the campus of John Muir Middle School. CAIR's membership currently includes approximately 500 active residents helping the organization achieve its goals.

About Robertsville

The Robertsville neighborhood consists of about 5000 households. It is located in San Jose, just south of Willow Glen. Robertsville is roughly bordered by Hillsdale Ave. and Capitol Expressway on the north, Pearl Avenue on the east, Highway 85 on the south and Meridian Ave. on the west.

For more information about Community Action in Robertsville (CAIR) visit the organization's website at www.robertsvillecommunity.com. CAIR's address is P.O. Box 18502, San Jose, CA 95158-8502.