Save the historic Willow Glen Trestle

Time 2020-12-13 08:02:30

Web Name: Save the historic Willow Glen Trestle

WebSite: http://www.wgtrestle.org

ID:132525

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On May 18th, the Sixth District Courtof Appeal in San José ruledagainst us.  We are evaluating our nextsteps.There’s an articleon the subject in the May 22nd edition of the Mercury News.In other news, the Santa Clara CountyBoard of Supervisors have awarded us the full $70k grant for researchingand documenting the history of the Willow Glen Trestle.~~~Previous updates:8/27/19:We have applied for a County HistoricGrant to research and document the history of the Willow Glen Trestle.This is a competitive grant, and wehope to find out if we’re successful by this December.Here’s our grant application.7/26/19:We are thrilled to report that theSixth District Court of Appeal in San Jose today grantedan injunction called a writ of supersedeas. The writ maintains the status quo anddisallows any demolition of the Trestle while our CEQA appeal is pending duringthe coming year. We hope this will lead to a productive resolution viasettlement.~~~7/14/19: The Willow Glen Trestle still stands, …but the city is ready todemolish it on a moment’s notice: it has already removed all the trees near thetrestle, constructed an access roadway, dammed the channel, and rerouted thecreek through a pipe past the site. (At least the City has finally removedthe fallen trees and other debris from the flood of 2017.)We have filed an appeal (see filing and LLA’s declaration), andhave requested that the Willow Glen Trestle not be demolished while our appealis pending.And now we wait: the fate of theTrestle is in the hands of the Court of Appeal. There are no court hearings or oralarguments coming up: after it issued a temporary stay of demolition on July 3the Court of Appeal ordered additional legal filings (see City’s objection and our reply) and will reviewthose in the coming days. Sometime in the next couple weeks (perhaps asearly as tomorrow) we will learn the decision on the injunction. If theCourt decides to issue the injunction (called supersedeas),the Trestle will not be harmed while the appeal briefs are filed and reviewedand the Court of Appeal issues a ruling. A date for oral argument willlikely be set in 2020. But if the injunction/supersedeasis denied, the City could start demolition immediately. There’s nothing to do now but sit andwait.Wish us luck!~Larry~~~6/28/19:Well, the Willow Glen Trestle had itscourt hearing yesterday. As those of you who attended saw, ourlawyer, Susan Brandt-Hawley, patiently explained our case and answered Judge Kuhnle's questions so clearly that even us non-lawyerscould understand. Nonetheless, the Court ruled against ustoday. The Court did keep in place the injunction against demolition togive us some time (until Monday July 8) to file an appeal, which we are workingon now. More later. Wish us luck!~~~WGTrestle Update 6/12/19: Good news, times two!Todaytwo great things happened: 1.The Santa Clara Superior Court today issued a preliminary injunctionstopping the City from demolishing the Trestle while our court case isproceeding. Our lawsuit will be heard in Department 5 on June 27 at 9 am. Ourposition is that because demolition of the Trestle requires the City to take anadditional step — to enter into a streamed alteration agreement with theCalifornia Department of Fish and Wildlife — the City must reopen itsenvironmental review process since the Trestle is now known to be officiallyhistoric and if it is demolished there would be a significant environmentalimpact. If there is a feasible alternative to demolition, the City cannotproceed with demolition. While our court hearing is pending, the City is beingallowed to do some preparatory work in the creek as long as it does not harmthe Trestle. In today’s ruling granting the injunction, the Court explained itscurrent thinking about our case and so we will be focusing on answering theCourt’s concerns at the hearing on June 27. All concerned residents are welcometo attend the hearing.    2.Also today, the City lost the lawsuit it filed against the State HistoricalResources Commission last year in San Francisco! The City sued the State ofCalifornia to undo the Commission’s listing of the Trestle in the CaliforniaRegister of Historical Resources in 2017. The judgment signed today againstthe City means that the historic listing will remain intact and final,confirming its historic qualifications that the City has contested for years.cheers for our lawyer extraordinaire, Susan Brandt-Hawley!~~~The city wants to proceed with thedemolition of the Willow Glen Trestle.We are challenging the issuance of thedemolition permit (see brief),and we have a court date set for June 27th.However, the city is unwilling to waitfor the court to hear the matter and it wants to start demolition on June 17th.Therefore, we are seeking a Preliminary Injunction for aTemporary Restraining Order (TRO): we have a court date of June 10th. youare invited to witness the process. Superior Court, 191 N. First St.,Courtroom 5Monday, June 10th, at2 PM.There’s nothing to say or do, but yourpresence does help show public support.~~~May9, 2019: Time for another update on the Willow Glen Trestle!Yes,it is still standing; and yes, it is stillthreatened with demolition.Thereare two remaining questions:(1)is it historic?(2)can the city get permission from the California Dept.of Fish and Wildlife to tear it down even if it is historic?Theanswers:(1)YES it is legally historic.Overthe past several years, the California Historical Resources Commission hasrepeatedly approved the listing of the Willow Glen Trestle in the CaliforniaRegister of Historical Resources, which conclusively requires its treatmentashistoric.Thecity has tried to undo that listing, butthe Commission’s action stands.The city’s most recent objection was its lawsuit objecting to theCommission’s formal findings made over the objections of the city.Hearing transcripts show theCommission listened to the city’sobjections but nevertheless had strong reasons to recognize the Trestleashistoric, but the judge ordered the Commission to formally revise itswritten findings to show it had in fact fully considered the city’s objectionsand why it decided to override them. So, atthis week’s quarterlymeeting, the Commission did just that (see video,starting at time=2:41): it considered the historic qualifications of theTrestle (for a 4th (!) time) and again voted unanimously, this time to rephrase its reasons.The Commission will now return to court at the end of May to demonstrate to thejudge that the findings meet the specific format required. Our lawyerexpects that at that time the Commission will win the lawsuit and the historicstatus of the Trestle will be conclusive.(2)PENDING.Atthetime the city approved the demolition back in 2014, the Trestle wasnot yet listed in theCalifornia Register, and its approvals of demolitionwere upheld by the court for that reason. But thecity still needsapproval from the California Dept. of Fish and Wildlife (CDFW) to remove theTrestle from the creek, as its prior approvals have expired. CDFW and thecity entered into the required “streambed alteration agreement” last fall,without considering alternatives to demolition as required by the CaliforniaEnvironmental Quality Act (CEQA) for demolition of a historic resource.We thus filed a new lawsuit to require the city and CDFW to consider thefeasibility of adaptive reuse of the Trestle now that it isformallyhistoric. Demolition would cause a significant environmentalimpactthe historic resource and so alternatives must be considered in an EIR.That case is pending; we will soon seek a Temporary Restraining Order beforethe June 15th start of construction season for work in the creekbed.___Peoplehave been posting very misleading messages onFacebook, trying to scareresidents about creosote. Both the city’s 2014 EIR (whichnow needs updating to reflect the Trestle’s historic status) and the CDFW havedetermined that the rehab of the trestle for the pedestrian trail would have nosignificant environmental impacts in the creek, to fish, etc.; they don’t sharethose dire warnings about creosote.Andso we continue to pursue political compromises and alternate financing andhybrid technical solutions and more -- more in a futureupdate!Manythanks for your continued and long-standing support!~~~Jan 1, 2019: theWillow Glen Trestle in the year 2019·The trestle is still standing.·The trestle is historic and islisted in the State Register of Historical Resources. The City has filedsuit asking the Courts to force the State to recant; the case is still pending.·The trestle is stillendangered. In 2017 the courts ruled the City could proceed with theirdemolition plans as they’d been approved before the trestle wasofficially declared historic. However, the City still needed a permitfrom the State Dept. of Fish Wildlife (DFW), a new environmental reviewwhich did not predate the historic finding. The City claimed thatthe DFW was only allowed to review “Fish” and “Wildlife”; we held that theenvironmental review must consider all factors – including the loss of aState-listed historic structure. In October, in an action that we arechallenging in court, the DFW issued the City the permit. As the City wasprepared to jump on a moment’s notice – they had even pre-positioned thesandbags and a porta-potty – we filed for anemergency Temporary Restraining Order. After various hearings anddeadline extensions, the City eventually decided not to try to attemptdemolition before the start of the rainy season, and the sandbags and porta-potty have now been removed. It appears that thetrestle is safe for the season.·in October, I gave an on-site tour of the trestle to the newly appointedDirector of the Parks Dept., and he suggested a compromise:install the new bridge without demolishing the trestle. While at first itmay seem like a strange idea, it would work: the old trestle would remainintact with the new freestanding bridge installed a foot or two above it.The State Office of Historic Preservation said they’d accept this: the trestlewould still be visible and would actually remain in a more historic condition.Without the demolition, it is quicker and cheaper to complete the trail, and itis also better for the environment. But now the City won’t talk to usabout it, citing the ongoing litigation. (Also, we’ve heard that some inthe City just don’t like the trestle, claiming that it’s “ugly”.)·December, Steve Holmes of the South Bay Clean Creeks Coalition counted dozensof ~3 foot-long Chinook salmon that had swum in from the ocean, thru theBay and upstream past the trestle, and were spawning in the Los Gatos Creek inCampbell. The City’s EIR states that demolishing the trestle couldrelease contaminants that adversely impact fish. ·the City’s grant funding expired at the end of the year. We’ve let thegranting agency know that we’d support a deadline extension if theCity accepts their compromise.Andso the saga of the Willow Glen Trestle continues into another year!Havea Happy 2019, and manythanks for your continued support!~~~Fate of WG Trestle tobe determined in Court Wed Oct 10th!The City of San José is anxious todemolish the Willow Glen Trestle before the October 15 deadline imposed by theCalifornia Dept. of Fish Wildlife (CDFW). Yesterday CDFW gave afinal permit to allow the demolition to proceed. The city has alreadystarted pre-positioning supplies and rolled out a porta-pottyand think they can have the trestle demolished within a week.Thanks to our crack legal team, we hadvictory: we filed a new case yesterday and sought and received a TRO (temporary restraining order)from the superior court. With the trestle designated as historic by theState of California, we have good new legal grounds to stop thedemolition. A big hearing on preliminaryinjunction is now set for this coming Wednesday 10/10/18, at 1:30 PM.The judge will decide whether to extend the injunction so that we can pursuethe new case, or instead withdraw the injunction and let the city pursue thetrestle demolition. We hope you can join us toshow the judge how many of us care about the trestle:Courtroom5 (on the 3rd floor) in the Downtown Superior Courthouse,191North 1st St, across from St. James Park.Please come to show your support andwatch the legal fireworks! We hope you can attend! ___Possible compromise? See concept.~~~July 2018:Status of the Willow Glen Trestle,July, 2018:* Itis still standing, tall and strong, unswayed bynearly a century of floods,fires, and freighttrains. This past winter, salmon were spawning within sight ofthe trestle.* Itis now formallylisted as Historic by the state. The City has recently sued thestate to have that overturned, but unless that happens the trestle willcontinue to be listed. (The case may not be resolved for months oryears.)* However,last year the courts upheldthe City’s 2014 plans to demolish the trestle, which occurred before the newhistoric listing.* Citystaff are marching forward to demolish the trestle: contractors have alreadybeen given on-site inspections and appear ready to move on a moment’s notice.* However,the City is lacking one permit: a “streambed alteration agreement” from theState Department of Fish Wildlife. The City has already applied forthis agreement/permit, which we are opposing. The trestle’s officialhistoric status and state environmental law impacts the case. The Fish Wildlife Dept. is still reviewing the matter.Meanwhile,* Googleis planning a major development around the nearby Diridon Train Station.* Googleand the Station Area Advisory Group (SAAG) are talking about improving anddeveloping the Los Gatos Creek Trail as a major feature of the site. (Seepresentation, p.21-24.) They both also have expressed interest in historicpreservation.* We’vereached out to Google and the SAAG about the WG Trestle, which is less than a mile from theplanned Google Village and would enhance the character of their project.They may be interested but will need some time to evaluate the issue. * Also,while the Santa Clara Valley Water District is officially “neutral” concerningthe trestle in the creek, it has extended the deadline on its $450k grant forthe restoration of the trestle.Usually,when an old structure is to be removed, there is an open and public process todiscuss the matter and folks are proud of the results: we’ve all seen themovies of a mayor somewhere pushing a button to demolish a derelict warehouseto make way for a new children’s hospital. Somehow, I don’t see San Joseinviting the public to such an event here: instead, this has always had thevague feel of a “rigged”scheme, of “petty politics” and “the done deal.” Finally,a couple quotes:* Intheir new “SanJose Trail Toolkit” (May, 2018), the City talks about old bridges and thensays, “The City of San José strongly supports iconic or placemakingbridges at high-traffic and highly-visible locations, as they can encouragegreater usage, and support tourism and community identity.” * And,in his closingremarks at the Oct. 2017 meeting of the State Historical ResourcesCommission, Commissioner Alberto Bertoli said: “[The Willow Glen Trestle] has a visual quality. It is not something thatwould be built today, ... technology has evolved andit would be entirely different. However, it has an aestheticaluniqueness to the area, ...[and] having trails goingthru is actually quite appealing: instead of going thru concrete or steel thathas very little thing to do with the touch of the human person, this issomething that represents something of the time when it was done – itrepresents that particular period, [that particular area] there.” Whatcan you do? Tell your friends and neighbors (and Councilmember and City Staff!) about theWG Trestle, and that you’d like to see it saved, restored, and incorporatedinto the trail network!~~~Oct 2017:It’s official -- reaffirmed and finalized!The Willow Glen Trestle is formally listedin theCalifornia State Historical Register!Many thanks,everyone!The Commission wasmost impressedby the incredible amount of community support!In May 2017, theState Historical Resources Commission (SHRC)unanimously declared the Willow Glen Trestle to be historic (see below),but the City then asked for a re-do -- it filed a request for redetermination .At the SHRC'sOct. 27th quarterly meeting, the Commissionersheard from both sides and then reaffirmed theirMay decision:the Trestle is historic and is listed as such on the StateRegister.Here's a linkto the video of the meeting (start at time = 1:22),my preparedremarks , the presented charts,and a few photos.___Naysayers have said Fire! Flood! Contamination! * Fire is a concernfor nearly everything.A Nov 2017 fire at anearby trestle shows how resilient trestles really are:it was inspected that afternoon and carrying freight trains that week.Also: the WG Trestle's restoration plans include sprinkler systems alarms.* Flooding was shownto not be a problem:the Jan 2017 floodwatersflowed right thruthe trestle, as modeled.* Contamination: page166 of the DEIRAppendices states: leaving the pilings of the Three Creeks Bridge in place will not pose arisk to terrestrial or aquatic receptors .Indeed, salmon have been spotted spawning both upstream and downstream of the trestle.___On October 5, 2017,the Santa ClaraSuperior Court issued its rulingin the City's favor: itis not required to do an EIR for the trestle.The City had presented a 1-page memofrom 2004(back when the plans had been torestore the trestle and use it for a trail connection),that said that the trestle was not historic,and the Court said that that evidence, thin as it is, is sufficient . That the Friends [of the Willow Glen Trestle] can point to other contraryand more recent evidence ... is irrelevant... While we are disappointed by the Court's ruling, we are stillvictorious:intent was to get the trestle recognized as historic,either by the City's EIRprocess, or else by protecting the trestle so that we could pursue the matterourselves.Now that the Trestleis recognized as historic, we can work to save it!Other updates:Google is planning tocome to Diridon Station!Thereare impacts opportunities for the Los Gatos Creek, including the Trestle.Here's a MercuryNews guest editorial on the subject,along with LLA letter6/23/17; referencedpaper; and referenced diagram.~~~older news:May 10,2017, the California State Historical Register formally listed theWillow Glen TrestleFifteen nominations were heard at the May 10th quarterlymeeting of the State Historical Resources Commission.Most of the nominees had maybe a letter or two ofsupport; the WG Trestle had 24!Letters from Co. Supervisor Dave Cortese, the former SHPO WayneDonaldson, the grandchildrenof the engineer that originally designed the trestle, the ACTC cycling group,and a number from neighbors recalling seeing the trains in their youth.Several neighbors of the trestle came down to Pasadenajust to speak at the hearing (many thanks!!)Quoting Cmsnr Hoyos, I'm encouraged and I'm glad to hear acommunity take such great interest in something that's theirs. Commissioner Bertolisummarized: I need to go to my personal feeling. The bridge ...this short bridge -- little bridge -- has a very, very attractive aestheticalquality, if we just analyze it from that point of view.And there are a few, but not many, of those quality ofbridges, and the scale of it seems to be pretty much at the scale of thecommunity.And from that point of view, in my opinion, it seems veryappropriate to keep it, to maintain it. Also: It is not one of the many, it is one of thevery, very few, and as anything that is historical, or ... have historicalconsequence, that criterion, of having one of the few that remains, that is animportant one to preserve the history of California as a whole. The commission then did a roll-call vote, and unanimouslyvoted to list the trestle on the California Historical Register. Watch the video!The discussion of the Willow Glen Trestle begins attime-marker = 2:12:30;the proponents presentation is at2:21:48;the opponents start at 2:42:22.The five-minute rebuttals are at 2:59:00 for theproponents, opponents at 3:04:20.The Commission begins discussion at 3:09:15;the question is called at 3:22:10, thevoting begins at 3:22:45, and at 3:23:05 it is unanimously approved. You can alsoview the charts andread the transcript. GuestEditorial in the Mercury News 5/25/17On June 10th, wecelebrated the historical listing of the trestle: see Photos, and a Video of speeches.~~~Donateto the SJ Parks Foundation's WG Trestle Fund!We'recollecting funds to help with the trestle's restoration and maintenance!The San Jose ParksFoundation (a 501-c3 tax-exempt organization)has set up an account exclusively for theWillow Glen Trestle:Go to sanjoseparks.org for moreinformation,or mail donations toSan Jose ParksFoundationP.O. Box 53841San Jose, California 95153attn: The Willow Glen Trestle FundThanks!~~~Older informationOur application for listingon the California Register of Historical Resourceshas been agendized to be heard at the quarterly meetingof the State Historical Resources Commission (SHRC) in Pasadenaon May 10th.* Meetingagenda* Pending nominations (15total statewide)* Complete formalapplication* Official photosetIf you haven't alreadydone so, we hope you will write to the Commission: Julianne Polanco, State Historic Preservation Officer, CaliforniaState Parks, at julianne.polanco@parks.ca.govPlease copy William Burg, State Historian, atwilliam.burg@parks.ca.gov(And I'd appreciate a copy as well:Larry@WGTrestle.org)Subject: In Supportof Willow Glen Trestle for State Historic Nomination Write about how and whyyou feel the trestle is important to you personally and/or to our local historyin Willow Glen. Possible ideas:* Have you or your family members been affected by the trestle -- did anyone inyour family work at a cannery?* Do you appreciate that Willow Glen has remained a residential community, aspromised back in the 1920s by local rail-magnate T.S.Montgomery,even though the railroad could easily have enabled industrial development inWillow Glen?* Do you appreciate that San Jose doesn't have railroad tracks running rightdown the middle of town on 4th Street, thanks to the way city officials in the1920s played competing railroads against one-another to get the tracks moved?* Or you could just write about how you appreciate the historic character ofour community and hope we can preserve some ties to our past!Many thanks! Here's aletter of support from County Supervisor Dave Cortese.~~~* City approvedconstruction of the Three Creeks Trail up to the trestle, 3/7/17(Council agenda memo;LLA letter talk)* We had our remand hearing in Santa Clara Co. Superior CourtFriday, February 3rd, at the Downtown Superior Court, 191 N. First St.Department 10: Honorable Helen E. Williams. (Here's our filed brief.)Next step: various briefs and responses are now being filed,Judge Williams will review all the information, and then a decision is made.(She has 90 days to decide, but may rule earlier. We are optimistic!)(Here's a chart showing theTrestle's timeline.)* Afterdays of heavy January rains (the Pineapple Express ),LexingtonReservoir filled to overflowing,and the Los Gatos Creek rose to about the once in 10 years flood level.Debris collected on thetrestle, but the water flowed thru and on past thetrestle just fine!The following week, Steve Holmesorganized a clean-up,and bags of trash(and a dozen basketballs!) were removed.February floods of the Coyote didn't affect the Trestle of the Los Gatos Creek-- different watersheds.)* When asked by Assemblymember Evan Low that we Suggest a Law we suggested one to clarify and reaffirm CEQA rules for historic preservation.~~~older news ...Two(temporary) setbacks...* The Keeper of theNational Historic Register returned thetrestle's nomination,as described in an SJMNarticle (9/26/16).[Note:the nomination was not rejected , and we are working to address theKeeper's concerns.]Official draftminutes of State Historical Resources Commission meeting,Link to audio recording (theWG Trestle discussion begins at about time = 1:18:40]),Transcription ofSHRC meeting, and link to chart-set[opposingletter sent by City.] * The AppellateCourt ruled (8/12/16) in favor of the City ona 'standard of review' legal issue,as described in an SJMNarticle (8/23/16),even asthe Court found that [t]he City's actions in approving the project beforepreparing and adopting the MND [the required environmental study] violated CEQA [Calif. environmentallaw]. As mentioned inanother SJMN article (9/7/16),we sought review of the appeal by the Calif.Supreme Court (9/21/16):* Reply inSupport of Petition for Review (Supreme Court Case No. S237378), by Friends ofthe WG Trestle (10/21/16)* Friend of theCourt brief by California Preservation Foundation, West AdamsHeritage Association, Glendale Historical Society and Citizens to Save CollegeAvenue (10/21/16)* Friend of theCourt brief by Save Our Heritage Organisation(San Diego) (10/21/16)* Friend of the Court brief by United Auburn Indian Community and Pechanga Band of LuisenoIndians (10/21/16)The State SupremeCourt on 10/26/16 declined to review the case.This was notunexpected:the Supreme Court grants less than 1% of cases that seek review.The issue now goesback to the Santa Clara County Superior Court,where the original argument is to be reconsidered under slightly adjustedcriteria(basically whether the City had sufficient evidence that the trestle was NOThistoricrather than whether therewas sufficient evidence that the trestle MIGHT BE historic).We arevery optimistic!~~~On June 2nd, 2016, athree-judge panelfor the 6th District Appellate Court heard oral argumentson the City's appeal ofthe Superior Court's July 2014 decision that the City had to do aproper environmental reviewregarding the historic aspects of the Willow Glen Trestle.~~~the StateHistorical Resources Commission (SHRC)has ruled that the WG Trestle is eligible for listingon theNational Historic Register! See Press Release * SJ Merc. News Editorial4/20/16* SJ Merc. News SalPizarro Zombie bridge 4/21/16* SJ Merc. News JuliaBaum: next steps 4/23/16~~~The State Officeof Historic Preservation (SOHP)has evaluated ournomination of the trestle at their April 18, 2016 meeting!It was one of only 11 statewide this quarter to make the cut!You're invited to readthe trestle's fascinating historyand seephotos of it from various viewpoints.Staffrecommendation,and letter ofsupport from Wayne Donaldson(Chairman of the AdvisoryCouncil on Historic Preservation, appointed by President Barack Obama)We hopeto save the trestle so that it can serve as a connection of Downtown to WillowGlen, and a connection of future generations to our Valley of Heart'sDelight agricultural past!~~~The demolition plansare on hold -- see summaryof process to date w/ updates (8/4/15)In the meantime, weare seeking a listing of the trestle as being of Local Significance on the National Historic Register.Such a listing wouldhelp save the trestle.The nomination is nowpending before the California Office of Historic Preservation (OHP). You canhelp! Please write a noteor letter to William Burg, Office of Historic Preservation. Send anemail to William.Burg@parks.ca.govIf you've written inthe past, many thanks! -- but it doesn't count forthis:Rewrite your letter,addressed directly to William Burg at OHP, and say why you feel that the WG Trestle is historic.You can talk aboutthe structure itself; you can talk about theimpact of the Western Pacific railroad on the shaping of Willow Glen and SanJose, the canneries, the industrialdevelopments north of the Los Gatos and the residential nature of Willow Glen, the people involved inbuilding or operating the trains -- anything historical.If you have childhoodmemories to relate of the train going off to the canneries, that'd be great.It's also fair totalk about the character of Willow Glen and how the trestle could be an iconicgateway to the community: a connection not onlyto the Los Gatos Creek Trail from downtown, but also a connection betweenfuture generations and our agricultural past -- a connection between Silicon Valley and the Valley of Hearts Delight .(Note: only emphasizehistoric matters: comments on flood control, contamination impacts ofdisturbing the trestle, cost and schedules, riparian habitat preservation,etc., have no impact on the historic designation and would only add to theworkload of the reviewers.)Comments should be sent by March 15, 2016 Here are links to:* System Map of Western PacificRailroad* amap of the rail spurs in SJserving the numerous canneries, etc., and* thespur map superimposedon a present-day street map.[And here's my personal letter.]~~~Want to see what atrestle trail looks like? See photosof one in Houston Texas~~~Council approves the demolition plans: On May 19th 2015, theSJ Council voted 7-2 to ignore the Historic Landmarks Commissionrecommendation, to approve Staff's plans for the prefab replacement bridge, and to sign the contractfor the trestle demolition.Kudos to CM Rocha andPeralez for standing up for reason.(CMs Kalra and Herrera wereabsent, although Herrera had previous expressed support for demotion.).The plan is for destruction to begin sometime in June, assuming the Judge agrees that the City has satisfactorily completed the EIRprocess and signs off on the discharge of the writ .Many thanks to thedozens (hundred or more?) friends, community activists, trail supporters, environmentalists, historians, and neighbors who came out to support thepreservation of our piece of local history. While the results were disappointing, it was still a moving sight to see thesee of orange signs in support of the trestle! (I'm just sorry I didn't print more of them -- I think we ran out!) It was atruly amazing evening!To quote JessicaMitford, You may not be able to change the world, but at least you canembarrass the guilty. (On the other hand,another famous philosopher , Yogi Berra, said: It ain't over till it's over. ...)Manythanks for all your support!~Larry Ames~~~Guesteditorial: Larry Ames and Joe Horwedel:Trestle decision will speak to San Jose's character (5/13/15)MercuryNews editorial: Willow Glen Trestle should be saved (5/19/15)Reportof outcome: Willow Glen trestle: San Jose City Council votes forrazing despite residents' pleas (5/21/15)Follow-uparticle: Pizarro: Willow Glen Trestle advocates lose two-year battleto save bridge over Los Gatos Creek (5/22/15)On Tuesday, May 19th,at 1:30 in the afternoon,The Mayor andCouncilmembers considered 3 items and decided the fate of the Trestle:* they didn't agree with theLandmarks Commission that it is historic;* they agreed with Staff that aprefab bridge is preferred; and* they signed the contract todemolish the Trestle.video of May 19th SJCouncil meeting w/ final vote on WG Trestlehttp://sanjose.granicus.com/MediaPlayer.php?view_id=51 clip_id=8154with 37 speakers, 30 ofthem for the trestle. (LLA's talk is at time=3:25:40)HistoricLandmarks Commission (HLC) discussion May 6 regarding WG Trestle nomination forrecognition:      http://sanjose.granicus.com/MediaPlayer.php?view_id=54 clip_id=8100~~~bittersweet confusing epilog:at the San Jose Parks Foundation Summer Soiree, 6/25/15,Honors and awards from SJPF,Council, Mayor, and County.~~~Thursday, May 14, 7 PM,Jean Dresden gave a free talk at the WG Library:Willow Glen's Railroad WarsEver wondered about thehistory of the train routes through Willow Glen? Curious about their role inthe founding the city of Willow Glen? Here's a talk just for you.The Willow Glen railroadstory is full of intrigue and conniving, lives disrupted, and grassroot organizing. Hear about the big players and thelocal residents. Learn about the Western Pacific Beltline and the two differentSouthern Pacific mainline alignments. Gain a sense of Willow Glen when thePrune was King and railroads made or broke a community's economy. The railroadconflict ultimately ran all the way to the Supreme Court and helped create theaura that makes Willow Glen.Whether you're a long-time resident or anewcomer, you'll enjoy this visit to the past.Your presenter will be JeanDresden, a San Jose native and history researcher well-known for her dynamicpresentation style.~~~* link to article on SJ Historic Landmark Commission* linkto Amendment to the Draft Environmental Impact Report Signthe Petitionto Save the Trestle! ~~~Q: Toconnect the Los Gatos Creek and the Three Creeks Trails in Willow Glen, would you prefer a new prefab steel bridge...... or would a preserved andrestored historic wooden train trestle be more interesting?Officialdocumentation:* Initial Draft EIR,Jan 2015* Appendices, Jan2015* Amendment (PublicComment Revised Historic Report), 4/25/15Comments to Initial Draft EIR were due by March 13th,2015.Here are some of those that were submitted:* Calif.Office of Historic Preservation* CountySupervisor David Cortese* PreservationAction Council (PAC*SJ)* Calif.Trolley Railroad Corp.* Jim Carter(SJ Deputy Fire Chief, retired)/ Larry AmesJean Dresden: structures, persons, and morehistory* SusanLandry/ Tom Layton * HeatherLerner Signthe Petitionto Save the Trestle! Write a letter! ( here is a sampleletter w/ details and contact info to help you get started...)~~~YouTube videos:Valleyof Heart's Delight (2-min)Guidedtour of the trestle (12 min)~~~Learn more: Here are the chartsfrom the March 2, 2015 talk at the WG Library:an overview of the regional trail network, local history, the stream habitat, and how it all ties together at the Trestle. ~~~This summer, the Friends of the Willow Glen Trestlewon their public-interest lawsuitchallengingthe San Jose's refusal to prepare an environmental impact report (EIR)toconsider alternatives to demolition of the evocative 1922 Willow Glen Trestleas partof the Three Creeks Trail.(Hereis our 7/29/14 Press Release, andhereis the official court ruling.)The City is appealing that decision.(moreinformation as it develops...)* GuestEditorial by L.Ames and B.Graysonin SJ Mercury News 10/17/14* OpposingEditorial by T.McMahon and P.Oliverio,11/5/14* Follow-on discussionsin the Letters to the Editor * rebuttalto Councilmember's statements.[earlier news: thePreliminary Injunction PressRelease, May 28, 2014and also the Feb. 12, 2014 Press Releaseinitially announcing the suit.]~~~The City isproceeding with their plans for the replacement bridge,and haveissued a Noticeof Preparation of the Draft EIR for Three Creeks Trail PedestrianBridge Project (file no. PP13-085).Here are the commentsby LLA for the Scoping of the DEIR (Nov. 2014).In the SanJose Mercury News:* guesteditorial by L.Ames and B.Grayson,10/17/14* guesteditorial in opposition by T.McMahon and P.Oliverio, 11/5/14* variousLetters to the Editor* responseto some of the points in the McMahon/Oliverio op-ed~~~Help save the Willow Glen Trestle!See it for yourself: * take a YouTube tour!* look at the Overview chart-set* contact us.~~~Thank you, Richardand Deborah, for the fund-raiser of Feb. 22, 2014, to help save the trestle!If you missed the event butstill would like to help, you can! link ~~~the InitialStudy and draft Mitigated Negative Declaration (IS/MND)officiallyexplains how the Trestle it to be demolished, and what will replace it.Notice of Intent and Draft Mitigated NegativeDeclaration Initial Studythe City is basing the nonhistoric statement on this short-form 2004 report byWard Hill;and this Statereport based on it, and this Federal report based onthat,while ignoring all of the more recently uncovered and more interesting facts:* LLA comments tothe IS/MND (12/19/13)* SJStaff report recommendations on IS/MND, based solely on commentsreceived thru 12/16/13* LLAletter to Council re: IS/MND, w/ history updates (1/7/14)* /Collection ofletters to SJ re: IS/MND* SBHletter to Council re: IS/MND (1/14/14)* LLA comments to Council1/14/14* video of Council Meeting 1/14/14, agenda item 4.6* LLAstatus update 1/22/14~~~please follow us on our Facebook page for latest updates: Friends of WG Trestle ~~~Here's the latest chart-set (9/9/13)showing the City's plans for a replacement bridge.And here's an illustration of how the trestle could berestoredand made into an iconic gateway to Willow Glen:(clickhere for full view)(Thnx, Jim Ammon!)And a heartfelt thanks to all of you whowrote to support the trestle!Over 120 emails were sent to the Council and others!Many included poetic and profound commentson thesense of history, the sense of place, and the joy of living in Willow Glen(click here for collection of comments, here for an essay by Richard Nieset, here for letter of support from Rod Diridon Sr. et al at CTRC -- train advocates).You have inspired us to continue theeffort to save the trestle! Next steps If you'd like to help financially, the San Jose ParksFoundationhas set up a fundto help with trestle preservation and restoration.click here for photo albumof trestle thru the yearsHere is a map and aerial viewshowing its location, hidden in plain sight just blocks from the heart of Willow Glen!    The City's own Engineering Studysaysthe trestle is sturdy and readily adaptable to trail use.See for yourself: take a YouTube tour!Follow us on FacebookRead the Editorials in the SJ Mercury Newsby L.Ames H. Chapman (5/8/13), andby SJMN Editor BarbaraMarshman (5/10/13)Contact us ifyou would like additional informationThank you!Supporting material:* cityagenda item 5.1,resolution, and staff report to removethe trestle, 3/26/13 [Resolution doesn't mention the trestle; Agenda onlysays Increase ...Trestle Bridge appropriation... ]* my letter to Council insupport of the trestle (sent via email 3/24/13), and Mayor'sacknowledgment of receipt 3/25/13, 8:30 AM.* cityagenda item 2.17to fund the trestle removal, 4/9/13* my2-minute talk opposing the removal funding (written transcript and video)* theEngineering Studycommissioned by the City. The study describes the trestle repair in detail, butrecommends the steel bridge based solely on a (somewhat faulty) trade matrixand without any consideration of public sentiment or historic value* anevaluation of theEngineering Study and point-by-point rebuttal by L. Ames, a professionalaerospace engineer* anda YouTube video tourof the trestle from all sides by Dan and Helen Chapman* representativediagram of trestle repairs ( bent 7 )* diagramshowing height of100-year flood ( waist-deep )* diagramof 100-year flood zones in Willow Glen* illustrationby LLA of possible concept for trestle adaptation, March 2015* cover letter and 2004IS/MND (Initial Study and Mitigated Negative Declaration) for LG Crk Trail Reach 4 (Auzerais toCoe, including trail atop an undisturbed trestle)* notes by J. Dresden on creosote timbers in creeks, andhazards involved in removing them (5/4/13)* city memo on shift of BART alignment due to creosotebridge pilings (11/13/07)* memo by Councilmember Liccardoon hazards of disturbing creosote pilings (11/30/07)* propertiesof creosote* memofrom Councilmember Oliverio asking for a Councilstudy session (5/9/13)* Editorialin San Jose Mercury News by L. Ames H. Chapman (5/8/13)* Editorialin San Jose Mercury News by SJMN Editor Barbara Marshman (5/10/13)* memofrom City (Parks PRNS and Dept of Public Works)5/17/13* comments by L. Ames in response to City memo 5/30/13* link to video of NBC-11 segment on trestle, featuringCouncilmember Oliverio and WGNA'sZappelli* notes to theeList, 4/17/13* notes to theeList, 4/20/13* notes to theeList, 5/12/13* notes to theeList, 5/15/13* link to City's presentation on trestle replacement7/9/13 7/17/13* notesand observations on City's presentation to Save Our Trails, 7/9/13* notes and observations on City's presentation to WGNA,7/17/13* letter of support from Rod Diridon Sr., David Ginsborg, and the Calif. Trolley Rail. Corp, 7/16/13* editorial in the SJ Merc. News 7/16/13* Councilagenda item 2/22/11 to apply for SCVWD grant for restorationof trestle* othersites along the Los Gatos Creek that need a bridge (LLA, 7/24/13)* supporting material:Los Gatos Crk Trail Master Plan 1985 p.24, p.24/25, and p.25 -- see text on p. 25* supporting material:Guadalupe River Park Master Plan, Dec 2001, sections 1, 2, 3, 4 and 5. At Confluence Point (chart2),bridge #29 is built, but #31 is needed.* diagramof Confluence Point* LLA letter toSJ Council 8/8/13* LLA talk to SJCouncil 8/13/13* video and transcriptof approval of Rule Cmte Minutes 8/13/13[Councilmember Oliverio made a 19-minutevideo of his comments from the dais wherein he repeatedly complains out those individuals 8 times and singles out Mr. Ames by namesix times. This video was prominently featured on the official Dist. 6 citywebpage for the following several years, up until he was termed out from officeat the end of 2016.]* letterof support from VPA* letter of support from CGF* letterof support from NWGNA* possible concept for completing the Los Gatos CreekTrail from Meridian to Lincoln.* Sept. 9thpresentation on replacement bridge* letterfrom CampbellHistoric Preservation Boardmember S. Blake 6/9/13* letter from the SantaClara CountyHistorical Heritage Cmsn, 9/19/13* Presentation tothe San Jose Historic Landmarks Cmsn 11/6/13* OfficialSynopsis of HLC mtg11/6/13The Three Creeks Trail, Lonus to Minnesota (including the Trestle?):* City of SJ's Initial Study Mitigated Neg. Declaration, 3/11/14* LLA's firstset of comments, 3/12/14* Commentperiod extended and publicly announced, 3/28/14* LLA's secondset of comments, 4/8/14Official memos for May19, 2015 Council action:Agenda item 4.7: staff recommendation against recognizing historic landmarkstatus: http://sanjoseca.gov/DocumentCenter/View/43714* Infofrom HLC in support of granting status: http://sanjoseca.gov/DocumentCenter/View/43713* resolution to rescind prior contract: http://sanjoseca.gov/DocumentCenter/View/43479certifying CEQA for demolition of WG Trestle and new prefab bridge: http://sanjoseca.gov/DocumentCenter/View/43480* recommendations for Agenda 4.5: Memo by Matt Cano on whytrestle should be demolished: http://sanjoseca.gov/DocumentCenter/View/43676* DonRocha's compromise WG Trestle blue memo: http://sanjoseca.gov/DocumentCenter/View/43872* Item not on theAgenda talkbefore SC Co. HLUET Cmte,5/21/15* Los Gatos Creek: River Walk -- San Jose Style : River Walk paper(4/21/15) and tourmap (6/6/15)* Superior Court order6/22/15 denying the City's request to demolish the trestle* City Petition Appendicesto Appellate Court, and CourtOrder 7/9/15* Friends request for a Stay,7/30/15* Citynotice to Appellate Court 8/4/15* update to-date,8/4/15* LLA on KLIV, 8/5/14* Recognition Awardsat the SJ Parks Foundation SummerSoiree, 6/25/15CouncilmemberOliverio's Aug. 20, 2015, post on NextDoor: continuedlitigation regarding a dilapidated chemical soaked trestle bridge ... puts $3million in the District 6 parks budget at risk which means ... the trailconnection remains closed and future park projects are in jeopardy. Please see response (8/26/15)* LLA invitedto give presentation atWG Kiwanis luncheon, 7/11/16* RemandCourt Case Feb 3, 2017: ourinitial brief; City's Memorandumof Points and Authorities our ReplyBrief; our responseto the City's objection to our list of relevant documents; and our requestto notice * June 2017: City continues to fight the trestle's historicdesignation. The StateHistorical Resource Commission will consider the request for redetermination at their Oct. 27th meeting in Sacramento.* Court case continues,w/ Judge requesting more info and more time. 6/21/17* SJ Councilmember Don Rocha 6/21/17 asks City to stop,but the City decides to battle on. (agenda;CM Rocha memo;LLA talk)* Cityattorney's report out on decision in Closed Session to sue the StateHistorical Resources Commission, 12/19/17* articlein the WG Resident on the above, 1/5/18* SF Superior Court’s “Order for InterlocutoryRemand” 4/2/19 in city’s suit against the State Historical ResourcesCommission* State Hist. Resources Cmsn updatedfindings 5/8/19* Court’s denial of city’s suit 6/12/19WGT Conservancy v. City of San José Calif Dept. ofFish Wildlife:* WGT motion for injunction 6/3/19; CoSJ opposinginjunction; preliminaryinjunction 6/12/19* WGT opening brief; LLA declaration;supplemental brief* CoSJpoints; Declarations by Katherine Brown and David von Rueden* Court ruling againsttrestle, 6/28/19* Demolition Notice,6/24/19* Presentation to CountySupervisor Susan Ellenberg’s staff 6/26/19: charts notes* AppellateCourt: Opening BriefOct 15, 2019*  Deed recording the city’s purchaseof the railroad right-of-way for the Three Creeks Trail, including the WGT, 12/23/11, parcelmap, and a ConservationEasement  * Letter to City,County, and OSA re Conservation Easement, 12/12/19* Motion to SantaClara Co. Board of Supervisors Jan 28, 2020,and LLAnotes on outcome* Overall summary of WGT: history, background, and status, as of 2/11/20* timeline of the entire WGT process* photo of the WGTin 1984, when we first started trying to have it be a part of the Los GatosCreek Trail.last update 5/26/20

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