SAN JOSE — Officials may impose a fine on a construction executive whose crews removed an unsightly, tattered tarp that had covered a historic downtown San Jose church that’s fallen into disrepair.
Construction crews a few weeks ago removed the wrap, which had prompted some to call the First Church of Christ, Scientist on East St. James Street the “trash-bag church.”
Now some San Jose officials are wondering whether James Salata, president of Garden City Construction, trespassed and might face a municipal fine.
A growing number of observers, activists and neighbors had begun to complain about the church’s increasingly dire state under its years-long ownership by a China-based real estate company, Z&L Properties, and nebulous oversight by city staffers and code enforcement officers.
So Salata, who had done some work with Z&L inside the church and knew the combination for the gate lock, orchestrated the removal in late August of the tarp, scaffolding, debris, plastic contamination, cooking equipment and a generator. He and his crews cleared away fire hazards such as dry vegetation, made repairs to the roof and boarded up broken windows.
“Somebody had to do something about this,” Salata said. “The city of San Jose has allowed Z&L to let this property become blighted for years. Nobody from the city has called. Nobody from code enforcement has called. Nobody from the city is asking for advice about the next steps.”
But San Jose officials said they were told by Z&L representatives that Salata did not get permission to enter the site to retrieve equipment — namely the scaffold — from that earlier work. Workers with subcontractor BrandSafway removed the tarp so they could retrieve the scaffold, which BrandSafway owns.
“I know Jim Salata means well, but a crime is a crime,” said San Jose City Councilmember Omar Torres, whose district covers most of downtown San Jose. “We were told by city staff that Salata trespassed.”
Salata stands by his actions. He said he used the combination so the crews could enter safely, and bring in their equipment, and remove the tarp, scaffolds and extensive debris. This news organization’s direct observation of the site while the work was underway in late August showed that the fence around the church was intact and that the gate was opened and undamaged.
“We never went inside the church when we removed the tarp and scaffold,” Salata said. “We boarded up the church, including the windows, before we even took down the tarps. Many windows were not secure.”
San Jose Mayor Matt Mahan and Torres — just a few days before Salata’s team removed the tarp and scaffolds — held a news conference near the old church to demand the tarp be taken away and the blight on the site remediated.
“Matt Mahan wanted to get rid of the tarp, and we got it done,” Salata said.
“It’s unfortunate that Jim Salata trespassed,” Torres said. “But the tarp is now gone. You can now see the potential for that property. We no longer have to call it the ‘trash bag’ church. Everyone is happy the tarp is gone.”
This news organization asked both Torres and Nanci Klein, the city’s director of economic development and cultural affairs, whether Z&L Properties will be fined and whether Salata might wind up paying a fine.
Both Torres and Klein adhered to the assertion that Salata and his crew might have trespassed, which could potentially lead to a fine. However, no trespassing claims have emerged from Z&L, which couldn’t be reached for comment.
Torres believes Z&L has to step up to pay for a complete end to the blighted conditions on the site. Z&L representatives told San Jose officials on multiple occasions that “no money” was available to remove the tarp and scaffold.
Zhang Li, principal executive and owner of Z&L Properties and real estate firms R&F Group, wielded an estimated net worth of $2 billion in 2016, according to Forbes. He was a key figure in a bribery scandal involving top former San Francisco official Mohammed Nuru. Prosecutors reached a settlement in a case against Zhang that allowed him to pay a fine and return to China.
“We need to hold billionaire and millionaire real estate executives accountable for the blighted properties they own,” Torres said. “We don’t want them to be able to wipe their hands clean and say they don’t have to clean up their blighted properties.”
Z&L Properties had agreed to renovate and restore the church and make it a key component of a project of two housing towers next to St. James Park. Z&L never built the housing high-rises.
Klein said no decision has been made yet on the next steps for the old church.
“This is under discussion by city staff,” Klein said.
Ben Leech, executive director of the Preservation Action Council of San Jose, urged city officials to take swift steps to complete the rescue of the old church that Salata began.
“We continue to call on the city to repurchase the site and transfer ownership to somebody with a plan,” Leech said. “Jim Salata did this pro bono, and we thank him for that. But the city needs to proceed with a sense of urgency to complete the work.”
Salata maintains that it was well past time to remove the tarp and scaffolds.
“I didn’t lightly make the decision to go there and do the work,” Salata said. “If the city called me and asked me to do this, with a few guys, four days and a boom lift, we can get the building completely tightened up and protected.”
