Saratoga News file photograph by Robert Scheer

Saratoga Mayor Jim Shaw stands on a bridge at Saratoga Creek.




City, environmental groups come to terms in creek suit

By Steve Enders

Saratoga Mayor Jim Shaw has announced a series of measures that finally brings an end to the long legal case that's swirled around Saratoga Creek since 1995.

The April 21 announcement closes the book on years of litigation, which pitted the city against two environmental groups, Friends of Santa Clara County Creeks and San Francisco BayKeeper, which sued the city five years ago.

The city will pay $84,000 in various costs and attorney's fees to the Earthjustice Legal Defense Fund, which represents the plaintiffs. What remains to be seen, however, is whether or not the provisions spelled out in the settlement terms will actually clean up the creek.

The settlement outlines eight measures the city will enact to keep pollution out of the creek, including posting signs, regular water testing and enacting a discharge response plan.

One of the plaintiffs and president of Friends, Don Whetstone, said it's still unknown as to what's really polluting the creek. Since much of the water comes up from the ground, he said what would have been obvious sources were ruled out long ago. Many of the problems that once existed, he said, no longer do.

The settlement also addresses repairing some sagging storm drains that can collect dirty water, eliminating septic systems--already being addressed by the city's new ordinance--and double checking sewer lines for leaks. Somehow, Whetstone said, water is moving through the ground and is turning up in the creek.

"It's not going to be a quick fix deal," Whetstone said, "but it's a start." He is, however, happy it's over and said he appreciates the council's initiative on the matter.

The new council deserves much of the credit for the settlement, as Mayor Shaw stated in his announcement.

"Once lawyers get involved, sometimes a simple thing can get complicated," Vice Mayor Stan Bogosian said, adding that once the decision was made to remove the attorneys from the process, the parties could proceed with face-to-face negotiations.

Bogosian proved essential, as did Councilmember Nick Streit who, beginning last December, started holding talks with Whetstone to hammer out the agreement and move beyond litigation.

Bogosian said that for a long time, the City Council argued it wasn't responsible for the pollution in the creek, where high levels of fecal coliform bacteria have repeatedly been found. When the new council was elected, the city changed its tactics and was willing to sit down with the plaintiffs who, Bogosian said, already had expressed a desire to work out a deal.

Eventually, the city was able to "stop the hemorrhaging of legal fees," he said, because the city determined it was responsible for holding a high standard for the recreational use of the creek by the city's residents.

Now those standards, at least on paper for now, are much tougher than ever before.

The settlement outlines measures for anti-dumping stencils to be painted on storm drain inlets. The city will post new warning signs along the creek at a few locations, and provide for regular water quality testing and reporting.

Additionally, the Saratoga Fire Department has taken on the responsibility for improving its program and response to illegal discharges.

The city has already initiated the phase-out of septic systems, and will update maps of the storm-drain system and create specific measures to halt dry-season flow of contaminated pollutants from storm drains in the Village area.

The total cost of implementing these measures is unknown at this time. However, it is likely to add to the total cost of the case to the city, which has now exceeded the $250,000 mark.

Bogosian said about $180,000 has gone to paying City Attorney Mike Riback for his work on the case.

Sheriff's Report

Saratogan offers plan to bring the community closer together

Obituaries: Roberta Worden, Sandria Johnson

Saratoga Sampler

Sports Briefs

Falcons earn 10-1 division record in baseball

CCS Top 8 Track Classic

Saratoga softball team wins two, loses one

Kids' summer sports camps