April 22, 2004

OPINION
Almaden Valley Community Association

Lively AVCA meeting covers land use and city spending issues

By Ray Strong, AVCA Secretary
Special to the Times

Speaking to a standing room only crowd in the McDonalds meeting room on April 12, AVCA President Bob Boydston opened a general discussion meeting. The meeting covered four issues: secondary units, San Jose spending 2 percent for art on all new city-funded construction projects, the proposed McKean Road Youth Sports Complex and the efforts to maintain the Harry Road orchard as open space. Boydston described each issue in a brief statement and then took comments from the audience.

Secondary units
Boydston reported that San Jose was considering a zoning change that would allow owners of single-family zoned parcels of at least 6,000 square feet to build an additional matching unit of up to 650 square feet without a zoning change hearing. Boydston also quoted results of a blight survey indicating that there were likely many thousands of illegal second units associated with single family homes within the city of San Jose.

Len Procker spoke against the idea of these extra housing units, noting that people move to “R1” zones to escape congestion and that increased congestion decreases property values.

Denelle Fedor, assistant to Vice Mayor Pat Dando, explained that the City had considered such a draft zoning change in response to California legislation; but Pat Dando later suggested holding public meetings without any specific draft. Fedor argued against disrupting our neighborhoods with an attempt to enforce existing code, and for a quarter-acre minimum parcel size for new secondary units.

Jerry Arstingstall, VEP Neighborhood Association vice president, noted that neighbors were not consulted in the draft process. George Stone asked why not have relatives live in the home, saying the name “granny unit” is a misnomer?

Two percent for art
Every San Jose construction project must spend 2 percent for art. Al Day gave a list of unintended consequences of this kind of inflexible mandate. For example, when cost overruns result in the new City Hall costing closer to $500 million than $200 million, the result is the enforced purchase of an extra $60 million of art.

Day also reported that the city pays $10 million a year in debt service for the Shark's Arena, but the Sharks are entitled to all the revenue. A third significant area of “out of control” spending, according to Day, is the $4 million per year subsidy the city pays to keep the Convention Center open. Day stated that he believes these laws and “sweetheart deals” should be challenged. District 10 City Council candidate Rich De La Rosa pointed out that San Jose receives $1.4 million per year in rent from the Sharks and that the agreement has a duration of 15 or 16 years.

Kitty Monahan asked how we could change the law that fixes 2 percent for art in construction projects. According to District 10 City Council candidate and AVCA board member Nancy Pyle, the law could only be reversed by the body that enacted it. Fedor agreed to find out what would be required and report back to the association.

Proposed McKean Road Youth Sports Complex
Boydston recalled the results of the first Environmental Impact Report on the complex that stated that the proposed use of the area could damage the water table. He also noted that increased traffic on McKean Road was not covered in the first EIR.

Several residents added their two cents regarding the proposed complex.

Dan Smith, AYA president, said that there would be a new EIR and that artificial turf was being considered as a way to take care of water problems. Smith argued that there is a significant shortage of field space and that there had been problems making use of local school fields and local parks because of union maintenance requirements.

Bob Hughes, a McKean Road resident, objected to the expected congestion and Carol Hack stated that she depends on the area water table for her livelihood and was concerned about the proposed fields. Bob Hughes suggested that county superintendent Don Gage seems to have turned the problem over to Pat Dando. Fedor said that the project “is close to Dando's heart.”

Harry Road orchard
Boydston recounted a history of the area around Harry Road including its acquisition by IBM as part of a deal that led to the construction of the IBM Almaden Research Center. According to Boydston, IBM and the City agreed that the area in question would remain open space; but later IBM agreed to sell the orchard area to a developer. Rumor has it that a recording was discovered in which a representative of IBM agreed to keep the area open and undeveloped and that without this recording, the developer would have been able to build homes on the orchard area.

Boydston expressed concern that there was no written record of the agreement and that Pat Dando had promised to obtain such an agreement from IBM. In response Fedor said she would ask a city planner to meet with the AVCA to describe the history and next steps. Hunter Turner announced that he is in possession of a relevant written agreement and that he will make a copy available to the AVCA. Stay tuned for further developments on this project.