It
’s a fortress. Nothing can describe it otherwise. The John Fry
U.S. Open Golf Course wannabe is just that. Perched at and above
the valley floor, it is walled by non-native trees and brush. The
numbers that align the roadway, 25 to 75 feet deep, is staggering.
Italian cypress growing to 60 feet
will block all views up to the foothills. The amount of earth
(500,000 cubic yards) moved, shaped and re-settled is stunning.
It’s a fortress. Nothing can describe it otherwise. The John Fry U.S. Open Golf Course wannabe is just that. Perched at and above the valley floor, it is walled by non-native trees and brush.

The numbers that align the roadway, 25 to 75 feet deep, is staggering. Italian cypress growing to 60 feet will block all views up to the foothills. The amount of earth (500,000 cubic yards) moved, shaped and re-settled is stunning.

The golf course has destroyed natural habitat, endangered wildlife and added a number of problems from depleting the area’s water supply to adding nitrates to what remains. Its placement and design does not blend, complement or integrate with the surrounding area. It violates many precepts of our general plan. Many natural trees defined by ordinance have been removed. In fact, 27 major issues were raised by the Environmental Impact Report (EIR) which is jam-packed with alarms.

All of this and more was incredibly done without approval, review and an authorizing permit. Most of us are afraid to build a tool shed in our back yards without such a permit. In utter indifference to the laws that you and I abide by, this owner did and continues to violate that which governs the rest of us. Heavy equipment continues to move in and out of the facility to construct and demolish the natural open space that we call Morgan Hill.

The Fry organization says they got verbal permission from the city, which the city denies. If you ever go into a Fry’s Electronics store, you are practically frisked going in and out. Nothing moves without verification and counter signatures. To think such an organization would use a verbal agreement as a basis to commit millions of construction dollars is not plausible.

I’ve heard some argue that Fry has a right to do what he wants. Anyone who wants to defend property rights needs to think again. The destruction of the natural habitat of endangered species, contamination of an aquifer and to place the property of others at risk with flooding and toxins can never be anyone’s right. Building outside of municipal codes and regulations is just simply against the law.

If the city was not able do anything during construction, the Fry organization calculated that they would not do anything after. If the mayor’s letter in The Times a couple of weeks ago was any indication, score one for Fry. The letter said nothing other than we’re looking into it and will essentially mitigate to a final resolution. Such mitigation could be anything from doing little, to restoring open space in another part of the city or the county.

For many the alternatives are not viable especially when the damage, destruction and endangerment which could have been prevented has already occured.

Had an EIR been written before the start of the project as required by law, we could have identified sensitive areas and prevented their loss and destruction. The Fry organization must have known that. Disregarding the process, they forged ahead.

It is my opinion that they are perhaps relying and calculating on the political votes on the City Council to favor the project. This is an election year. We are likely to have two, and possible four, candidates for mayor alone. Depending on the decision, the Fry organization could fund (directly or indirectly) several campaigns.

In the recent election for supervisor, John Fry funded the campaigns of both Mayor Dennis Kennedy and Supervisor Don Gage. In doing both, John does not support any one candidate’s ideology but in my opinion hopes to gain a measure of influence. This influence is an issue. Any City Councilmember who has received direct or indirect support or has received in kind or other services, should option to recluse themselves from any of the proceedings.

John Fry also made one other calculated move. He deeded the golf course to a Math Institute, a non-profit organization. In doing so, he knowingly protects his personal assets from the legal liabilities. Score another for Fry but subtract one from the Institute for this organization will have a credibility issue after being associated with the destruction of our hillsides and apparent manipulation by the Fry organization.

By any means, this isn’t meant to denigrate John Fry. His family has been very supportive of Morgan Hill, contributing time, money and energy to the good of the community. I welcome their continued support and assistance. Still, this city has an obligation to correct the problem and to seek restitution if not full restoration. If the city sheds this responsibility, I believe a line of environmental and public interest groups will take this city to task including a number of local watch dog organizations.

I also believe the final outcome will weigh heavily on the minds of many as we go into elections. I encourage everyone with internet access to visit the City of Morgan Hill’s website and read or purview the EIR or visit the library or city hall. There is a public meeting at 6 p.m., Wednesday, Feb. 4 in Council Chambers. Unfortunately I am unable to attend, but all others are invited.

Comments should be sent to the City Council, City of Morgan Hill, 17555 Peak Ave., Morgan Hill, CA 95037-4128. They must be received before Feb. 4.

The land that surrounds us is special in so many ways. Our foothills and open space are precious reminders of our past and must remain as part of our future. This time of year they are covered in a vibrant green and flush with new growth. It is this rural character that defines this community and appeals to so many. It is what Martin Murphy and Hiram Hill saw when they first came to California. It is our heritage. Every effort must be made to preserve, and protect against each and every incursion.

Mark Grzan is an active member of the Morgan Hill community and a current member of the Green Belt Advisory Committee. The Board of Contributors is comprised of local writers whose views appear on Tuesdays and Friday. [email protected]

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