SUSD, City Won't Go To Court Over School District's Expansion Plans

Closed-door negotiations will avert litigation

Construction on schedule

By Steve Enders

Wearing bright yellow signs on their collars, a handful of parents urged the Saratoga City Council May 19 to avoid lengthy and expensive litigation in the city's efforts to make the Saratoga Union School District comply with its demands over two school campus improvement projects.

The signs, which read "Let Our Schools Move Forward," came along with strong words neither for nor against the city's or SUSD's previously stubborn stances, but instead with pleas to work hard and to finally get the issue settled.

It now appears that will happen.

For the past two weeks the city and district have been working behind closed doors to hammer out a deal since the City Council threatened legal action against the school district for not entering into a binding agreement over what it plans to do at Saratoga Elementary and Redwood Middle schools.

Renovations are scheduled for both campuses, and the city wants guarantees that two historic eucalyptus trees won't be harmed during construction at Saratoga school.

It also wanted a signed promise on a traffic mitigation measure at Redwood school, to ease congestion on Fruitvale and Allendale avenues.

The SUSD had appeared unwilling to commit to such a binding agreement, even after the city decided not to require communi- ty development director James Walgren's original suggestion. He wanted to see a "mitigated environmental impact report," which would have been a relatively lengthy, burdensome process for the district, and may have threatened its ability to get construction going as soon as possible.

The City Council asked instead for a Memorandum of Understanding, which would have informally but legally bound the district to the terms required by the city. Instead, however, the SUSD sent a letter to the city, detailing what it intends to do. Those details still weren't specific enough for the city.

According to SUSD superintendent Mary Gardner, the two sides' attorneys have been meeting with city and district officials since being threatened with a lawsuit.

She said it does not look like the district will be held up in starting construction for the schools. Bidding from construction firms is expected to start soon and on schedule as well, she said, barring any unforeseen hangups in the negotiations.

"It looks like the city is working on a solution," Gardner said. "We just didn't know how it would go over with the City Council."

After the parents addressed the council, Mayor Jim Shaw said that the city is "endeavoring" to follow through on a deal with the school board. "There have been discussions," Shaw said. "We on the council are just as hopeful that this gets resolved. ... I'll leave it on a hopeful note that everything's going to be OK."

That was the first Gardner had heard from the City Council on the matter since earlier this month. So far, most negotiations have been proceeding in closed sessions and with attorneys from both sides, she said.

The entire matter doesn't appear headed for court.

Gardner said the district is working on touching up what the city believed was unspecific wording of the original letter of intent sent to the city April 26.

In the letter, the SUSD addressed the tree and traffic matters the city is still concerned with, but not to the extent the city wanted. It's still unclear whether the district will place a guarantee on the two eucalyptus trees. It had said it would keep whichever tree was healthier at the completion of construction at Saratoga elementary.

"We just haven't established a trusting relationship with the city yet," Gardner said. "And we need to continue working on that."

The outlook appears good, she said, that the two will come to an agreement soon. She said she expects a response soon from the city, and the district hopes to get it in time for consideration at its May 25 school board meeting.

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