August 1, 2022
To: Rules and Open Government Committee
City of San Jose
Re: Item C1: Quick-build Interim Housing Considerations: Noble avenue Dear Chair Jones and Council members,
The Santa Clara Valley Audubon Society (SCVAS) is one of the largest National Audubon Society chapters in California. Our mission is to promote the enjoyment, understanding, and protection of birds and other wildlife by engaging people of all ages in birding, education, and conservation. The John Gross Percolation Ponds and open space surrounding them are of interest to our members who enjoy birding along the Penitencia Creek Park, are concerned with the loss open space near water features, and believe that the undeveloped areas of the park should fulfill their original intent of providing habitat for wildlife and enjoyment opportunities to the public. Many species of migratory birds use the area in winter, and so do our members who appreciate the abundance of birds and the natural setting
1 . As our climate changes, and population increases, parks are more important than ever before. We write to ask the City of San Jose to find paved urban areas to use for housing people in need, and not develop a natural city park for this purpose.
We write in Support of Council Member Cohen’s memo which asks for work on this site to be paused while exploring the legitimacy of using this park for this purpose, providing transparency and opportunity for the community to engage, and vetting alternative sites. We also support Council member Cohen’s memo looking to explore privately owned properties and consider public private partnerships, and to remove arbitrary, internal deadlines that limit staff’s ability to perform the necessary due diligence in identifying practical EIHC sites in District 4.
The San Jose City charter SECTION 1700 defines ““public parks” means any and all lands of the City which have been or are dedicated, improved and opened to the public for public park purposes.” The land proposed for a tiny home facility on Noble Ave. is adjacent to the Dr. Robert Gross Percolation Ponds and is an integral part of the Penitencia Creek County Park.
The creation of the Penitencia Creek Park was a joint effort that started almost 50 years ago. Recognizing that the area surrounding Penitencia Creek is of the most park-deficient areas in the county, Santa Clara County, the City of San Jose, Santa Clara County Water District and the Berryessa and East Side School Districts prepared the Penitencia Creek County Park Plan
2 (Figure 1). The 1977 County Park Plan looked to create a regional park in the Alum Rock and Berryessa area, to include the Dr. Robert Gross percolation ponds and Penitencia Creek in a “chain of lakes” that encompassed 225 acres on school lands, 63 acres on Water District land and 770 acres owned by the 2 https://parks.sccgov.org/sites/g/files/exjcpb961/files/penitencia-creek-county-park-master-plan-july-1977.pdf 1 https://scvas.org/self-guided-birding/penitencia-creek-trail-fallwinter City of San Jose. San Jose followed with a detailed Master Plan for Reach 2 3 (Figure 2), and the San Jose City
Council approved the Penitencia Creek Park Master Plan unanimously on June 4, 2002 4 . This plan included
reference to the 1981 tri-party agreement (Santa Clara County, City of San Jose and the Santa Clara Valley Water District) (Figure 3) which looks to develop the Penitencia creek chain for “ park, recreation, open space, flood protection and water conservation purposes”.
This approval by council forms clearly indicates the dedication of the park. Land purchase for the purpose of creating a park
5 , and joint use agreements with Santa Clara County and the Water District also demonstrate dedication. As envisioned, both paved and “natural soil” 6 trails were developed in the park (Figure 3), which has been open to the public and used as a park since that time. The City of San Jose has placed signs on the property asking residents and visitors to respect this designation (Figure 4). Neighbors have been involved in stewardship activities at the site, including the installation of irrigation and tree plantings with Our City Forest (Mr. Karl Ball, Personal Information).
Figure 1: Penitencia
Creek County Park
Plan
7 Figure 2:
Penitencia Creek Reach 2 Master Plan,
approved by San Jose City Council in 2002.
7 https://www.sanjoseca.gov/home/showpublisheddocument/20643/636687674417770000 6 On Page 15 of the Penitencia Creek County Park plan, Trail Criteria included paved trails for bikes, and “natural soil with good drainage” for pedestrians (page 15). SCVAS self-guided tour describes these trails, “The trails are made from gravel and offer easy, level walking”.
5 https://oac.cdlib.org/findaid/ark:/13030/c8280fc6/ shows the purchase of land from Kiperash Family Farm “to complete Penitencia Creek Park”.
4 http://www3.sanjoseca.gov/clerk/2002_CnclMins/06-04-02%20Min.htm 3 https://www.sanjoseca.gov/home/showpublisheddocument/20651/636687674429930000 Figure 3: from page 3-4 of Jun 2002 master plan
Figure 4 (right) Trail Criteria (Penitencia Creek County Park Master Plan). Note that pedestrian trails are not paved. Instead, pedestrian trails are described as “3-5 feet wide, natural soil with well drained surface”. Thus, investment in trails in this park included trails that did not require paving.
Figure 5 (below): San Jose Parks signs placed at the Noble site. The signs are providing visitors with direction on permitted and desired behaviors and activities at the park.
There is no doubt that the Noble Ave. site is a park, part of Penitencia Creek Park. Parks that serve the community, birds and wildlife - especially parks in proximity to water bodies - provide green infrastructure and have a role in our process of adaptation to climate change. We need to consider using spaces like the land by the Dr. Robert Gross percolation ponds to plant trees and enhance habitat, as well as to provide opportunities to the community and school children to enjoy and explore their environment.
We thank Councilmember Cohen for highlighting the importance of this park in this memo, and ask the committee to approve it.
Respectfully,
Shani Kleinhaus, Ph.D.
Environmental Advocate
Santa Clara Valley Audubon Society
MARGIE MATTHEWS
Rules and Open Government Committee
Chappie Jones, Chair
Raul Peralez, Vice Chair
SylviaArenas, Member
David Cohen, Member
Dev Davis, Member
August 3 Rules Committee, Item # C1 Community Outreach for Quick Build Interim Housing
Dear Rules Committee,
I urge you to adopt Councilmember David Cohen’s recommendation contained in his memo entitled “Quick-Build Interim Housing Considerations.” My history and commitment to the Penitencia Creek Park Chain goes back 45 years when my family and I moved near the creek on Noble Avenue. Over the years I served on countless parks, open space, and flood control committees with a goal of preserving precious open space, creek trails, and parklands.
I also served as the director of affordable housing for Santa Clara County for seven years and understand how hard it is to house the homeless. I know homelessness has grown far greater in the last 10 years and commend the City and County for the great strides you have made to provide suitable living areas for unhoused people.
But sacrificing parkland — anywhere in the city — is unacceptable. Parks are sacred. They belong to the community. This particular park, on the banks of Penitencia Creek, goes back to the Spanish land grants and its heritage must be protected. To add insult to injury, moving forward to build 100 transitional housing units at this park, with no community notification or input shows disdain for the residents of San Jose — no matter which district they live in.
One other experience I’ll share is this: After my term as a Councilmember I moved to Los Angeles and served as the executive officer of that city’s department of recreation and parks. The city had already replaced its rivers and creeks with concrete box culverts and squeezed out most open space with development. Many of the parks were small and in undesirable locations — on dead end streets along the box culverts and freeways. When I worked for the city of L.A. in 2000-2002, the Mayor and Council had decided to help the schools by carving up many of its parks, to add school sites! Is this the kind of city we are becoming?
Thank you for all your efforts to solve the serious homeless problem. But cannibalizing our parks and open spaces is not an acceptable solution.
Margie Matthews
Former Councilmember, District 4
cc. Mayor and Councilmembers
City Manager
City Attorney
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Fw: Aug. 3rd Rules Cmte, Agenda Item # C1: “Community Outreach for Quick Build Interim Housing”
Agendadesk <[email protected]>
Wed 8/3/2022 8:31 AM
To: Rules and Open Government Committee Agendas <[email protected]> 1 attachments (434 KB)
LLA - Penitencia tiny homes-1.pdf;
From: Lames < >
Sent: Tuesday, August 2, 2022 10:43 PM
To: District1 <[email protected]>; District3 <[email protected]>; District8 <[email protected]>; District4 <[email protected]>; District 6 <[email protected]> Cc: City Clerk <[email protected]>; Cicirelli, Jon <[email protected]>; Yotam, Avi <[email protected]>; Sellers, Sara <[email protected]>; [email protected] <[email protected]>; < >; Sewell, Liz
<[email protected]>; < >
Subject: Aug. 3rd Rules Cmte, Agenda Item # C1: “Community Outreach for Quick Build Interim Housing” You don't often get email from . Learn why this is important Please see my letter (attached) regarding Emergency Interim Housing Communities (EIHCs) along the Penitencia Creek.
~Larry Ames, longtime parks-, creeks-, and trails advocate.
Dr. Larry Ames ● ●
Rules and Open Government Committee:
Chappie Jones, Chair
Raul Peralez, Vice Chair
Sylvia Arenas, Member
David Cohen, Member
Dev Davis, Member
via email, sent August 2, 2022
re: Aug. 3rd Rules Cmte, Agenda Item # C1: “Community Outreach for Quick Build Interim Housing” Dear Rules Committee,
I am writing as an individual to join the chorus of those expressing concern and opposition to the proposed Emergency Interim Housing Communities (EIHCs) being considered along the Penitencia Creek in Council District 4.
Regarding the Noble EIHC site, I echo Councilmember Cohen’s concern regarding “the legitimacy of utilizing a city park for an EIHC site.” As shown in the diagram below (p. 28 in the Penitencia Creek Trail Master Plan, 1
adopted by Council in 2002), the site being proposed for housing is already parkland that has been master-planned for “informal play” (in green) and “family picnic” (in yellow).
It takes a vote of the public to approve the taking of parkland, but I’ve heard it argued that the law only applies to “dedicated parks” that have been developed and opened to the public. If that interpretation were to prevail, it would be challenging or impossible to ever again build a new park in the city. Parks don’t just “magically appear” fully developed: it takes time (years!) to acquire and assemble parcels,
1 https://www.sanjoseca.gov/home/showpublisheddocument/20651/636687674429930000 Dr. Larry Ames ● ●
then more time to design and publicly review the proposed park amenities (which are designed to fit the specific site’s conditions), and then finally time to construct them and complete the park. If the land could be taken over for some other purpose during that process, how will the Parks Dept. ever be able to plan and construct a park? There’s nearly always some other need eyeing virtually any empty land in the city, be it for needed housing, or a needed fire station, or a needed street-water treatment pond, or…. But we the residents of San José need parks, too! We need to be able to get outdoors and meet our friends and neighbors; we need parks for our physical and emotional well-being – and we need to be involved in the major decisions affecting our parks: don’t think of taking parkland, even undeveloped parkland, without approval by a majority vote of the citizens of San José.
I’ve also heard it argued that these Emergency Interim Housing Communities are just an “interim” solution to the housing emergency. But too often, “interim” solutions are not as “interim” as initially promised: for example, the US government built “temporary buildings” on the National Mall2 for the
emergency of the first World War, and I saw them still there a half century later (!) A second EIHC in D4 is also planned along the Penitencia Creek, this project on King/Lundy, across from the Berryessa BART Station. (Is this site even large enough to accommodate the housing and all the associated necessary support services?) This parcel is immediately adjacent the Penitencia Creek Trail, which provides a non-motorized-vehicle connection between BART and the community: any “interim projects” should be designed so as to not impact the trail, either in its current condition or with any future planned enhancements.
Housing is important – but it shouldn’t be constructed, even on an “interim” basis, at the expense of parks. Parks are important, too!
~Larry Ames
longtime parks-, creeks-, and trails advocate.
cc: City Clerk
PRNS Director Jon Cicirelli, and Deputy Dir. Avi Yotam and Sara Sellers Jim Ortbal, Tiny Homes Project Manager
SJ Parks Advocates: Jean Dresden
Liz Sewell, SJ Trails Coordinator
Save Our Trails: Bill Rankin
2 https://en.wikipedia.org/wiki/Temporary_buildings_of_the_National_Mall 8/3/22, 12:36 PM Mail - Rules and Open Government Committee Agendas - Outlook https://outlook.office365.com/mail/[email protected]/inbox/id/AAQkADhhYzk3NTk1LTBmZDAtNDc4Yi1hN2Q0LTZjNmZjNTk5MT… 1/1 [External Email]
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You don't often get email from . Learn why this is important Fw: Rules Committee: 8/3 -- Support Cohen
Agendadesk <[email protected]>
Wed 8/3/2022 12:18 PM
To: Rules and Open Government Committee Agendas <[email protected]> From: City Clerk <[email protected]>
Sent: Wednesday, August 3, 2022 12:17 PM
To: Agendadesk <[email protected]>
Subject: FW: Rules Committee: 8/3 -- Support Cohen
From: Marjorie Matthews < >
Sent: Wednesday, August 03, 2022 11:37 AM
To: City Clerk <[email protected]>
Cc: Keerti
Subject: Rules Committee: 8/3 -- Support Cohen
Please forward to the entire City Council and Mayor:
VOTE YES ON COUNCILMEMBER COHEN’S MEMO REGARDING TINY HOMES IN DISTRICT 4.
OUR PARKLANDS ARE SACRED AND NOT TO BE CANNIBALIZED.
Thank you.
Margie Matthews, Former Councilmember
District 4
www.margiematthews.com
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You don't often get email from . Learn why this is important Fw: Emergency Interim Housing Project
Agendadesk <[email protected]>
Wed 8/3/2022 12:20 PM
To: Rules and Open Government Committee Agendas <[email protected]> 1 attachments (76 KB)
BUSD Letter Emergency Interim Housing Project.pdf;
Also for Letters from the Public. Thanks,
From: City Clerk <[email protected]>
Sent: Wednesday, August 3, 2022 12:17 PM
To: Agendadesk <[email protected]>
Subject: FW: Emergency Interim Housing Project
From: Kim Gomez < >
Sent: Wednesday, August 03, 2022 11:19 AM
To: City Clerk <[email protected]>
Cc: Roxane Fuentes
Subject: Emergency Interim Housing Project
To the Attention of City of San Jose City Clerk's Office, Please distribute the attached letter on behalf of the Berryessa Union School District Board of Trustees to the members of the Rules and Open Government Committee and place it on the public record for today's meeting.
If you have any questions, please contact Superintendent Dr. Roxane Fuentes at .
Best Wishes,
Kim Gomez
Administrative Assistant
Superintendent's Office
Berryessa Union School District
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For Meetings of the Board of Trustees:
Agendas After May 1, 2022: Gamut Meetings
Agendas Prior to May 1, 2022: AgendaOnline
This email was sent by an educator or staff member at Berryessa Union School District. This email and any attachments are confidential and may be protected by legal privilege. If you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of this email or any attachment is prohibited. If you have received this email in error, please notify us immediately by returning it to the sender and delete this copy from your system. Thank you.
8/4/22, 8:14 AM Mail - Rules and Open Government Committee Agendas - Outlook https://outlook.office365.com/mail/[email protected]/inbox/id/AAQkADhhYzk3NTk1LTBmZDAtNDc4Yi1hN2Q0LTZjNmZjNTk5MT… 1/2 [External Email]
FW: ROGC 22-306: Community Outreach for Quick-Build Interim Housing City Clerk <[email protected]>
Wed 8/3/2022 4:14 PM
To: Rules and Open Government Committee Agendas <[email protected]> From: Juan Estrada
Sent: Wednesday, August 3, 2022 3:49 PM
To: City Clerk <[email protected]>
Subject: ROGC 22-306: Community Outreach for Quick-Build Interim Housing Dear Rules Committee,
We acknowledge the urgent and pressing need for emergency interim housing. While any new location is likely going to have some level of opposition, that reality should not preclude efforts to identify sites that avoid significant environmental impacts and would better serve the individuals to be housed.
I have two requests.
1. 2.
3. The first request is for transparency. It would help the process, and trust in the process, to make detailed information
4. about previously explored sites and new alternative sites public and easily accessible. For example, it is my understanding that multiple additional alternative sites have been suggested and may be evaluated in District 4. I submitted a request to staff on
5. August 1st for information regarding those sites. I have not yet received information. Whether details are provided via a web page or on demand by staff, please direct staff to make that information easily accessible.
6. 7.
8. 9. The second request: We have concerns about the planned use of the Noble Ave/Reach 2 site, which is open space
10. near water features that provides habitat for wildlife and enjoyment opportunities to the public.
We strongly encourage city staff to vet all potential alternative sites. Green Foothills supports a diligent effort to find alternative locations in the District
11. that do not have the same, concerning environmental impacts and may be much more suitable for the currently unhoused.
12. Sincerely,
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Juan Estrada
Juan Estrada
Advocacy Associate and Organizer
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