To: San Jose City Council, Fax 277-5192 February 17, 1998
Re: Group Home Ordinance
Honorable Mayor and City Council:
The Willow Glen Neighborhood Association (WGNA) cannot support the Group Home Ordinance as presented. What originally appeared to be an effort on the part of our city to afford protection to its neighborhoods, has turned into a document which does not include adequate safeguards in several key areas.
In a letter to the Planning Commission dated June 3, 1997, WGNA stated, "A key factor in the neighborhoods' attitudes toward group homes is the degree of concentration and the resulting negative impacts." The issue of dispersal, both within the city and throughout the county itself, continues to remain. We realize that the City has been advised that land use separations have been ruled as violations of the FHAA. Nonetheless, for San Jose to have the threat of lawsuits continually waved in its face while surrounding cities escape unchallenged the dilemmas of this complicated problem, is blatantly unfair. There are times when fiscally conscience citizens are willing to declare that a lawsuit is not the worst that can happen. Challenging the imbalance of the situation may force a more just solution to the problem.
The elimination of the court referral facilities designation is the most controversial element of the present Group Home Ordinance draft. We agree With the County's original contention that the terminology and definition of this category were not clear and needed delineation. Clients of the County who need assistance and who are referred to a facility by the courts should not be placed in the same classification with those who have broken the law and face punishment. Most neighborhood groups have made it clear that it is those who are avoiding jail sentences that are the concern. Arguments that the courts will rely on these facilities to relieve the problem of overcrowded jails are solid. Persons with higher percentages of anti social behavior will be sent into the neighborhoods and residents are reluctant to trust a certification program no matter how well intentioned. WGNA believes that this is a quality of life issue and urges the City Council to pay particular attention to a decision that impacts the peace of mind and safety of its citizens.
In conclusion, WGNA acknowledges the hard work of the City Council and Planning staffs for we recognize the complexities of dealing with problems generated by an amalgam of societal ills. WGNA encourages you in your efforts to restrict the size of facilities in R1 and R2 zones but is concerned about the decisions facing the Planning Director as related to the 'reasonable accommodations' clause. If San Jose is truly interested in preserving its neighborhoods, it must take seriously the eroding factor that a growing concentration of group homes will have on its neighborhoods.
Sincerely,
Kris Cunningham, President