Since August, some Saratogans have missed entering the park through the trail, which the Santa Clara Valley Water District closed after receiving a privacy and safety complaint from a resident whose back fence is adjacent to the trail. Because the trail is owned by the water district, the city would have to enter into a joint use agreement with the district before the trail would be reopened.

Six of the 20 residents who spoke during the public hearing voiced opposition to reopening the trail. Citing mainly safety and privacy concerns, those opposed to the trail—all of whom live directly behind the trail—said they have come upon dog feces, broken bottles and used condoms along the trail or creek, not to mention witnessing the dumping of a "white powder" in the creek and lewd conduct. One man noted the narrowness of the trail and recounted an incident where he saw a boy fall off his bike into the creek below. Additionally, three of the six who opposed the trail said they were burglarized by perpetrators who came around the house via the trail.

Wayne Okey received applause from his fellow supporters after delivering an emotion-filled protest against the trail and slapping his hand against the podium to demonstrate the loud knocking noise that he said he frequently hears coming from the creek area.

"All you people that use that trail don't have to deal with this. You want to use our backyard to go for a walk," he said.

Starting with the 10th speaker and thereafter, the council also heard applause after each speech from trail advocates.

Patty Allen, whose speech began the series of applause, said she would prefer that her children take the trail to the park rather than walk there by way of the street, which, she said, is more dangerous. As to the problem of trash in the area, Allen said she had obtained a permit from the Santa Clara Valley Water District and is willing to start an "adopt the creek" program. Finally, to address concerns from those living near the trail, she suggested that having neighbors walk near one's backyard could actually prove helpful, as these passersby would help the homeowners keep a watchful eye out for suspicious activity.

"Having neighbors walk the trail should be considered a security bonus," she said.

Later in the hearing, Allen's husband, Steve, said closure of the trail is an ineffective solution for safety problems.

"Closing this trail only prevents your neighbors from enjoying it; it doesn't prevent people with bad intentions" from using it, he said.

Some of the people in favor of the trail remarked that the homeowners bought their houses with knowledge of the trail and chose to reside there anyway.

As the council deliberated, Councilman John Mehaffey suggested that a gate blocking access to the trail could be kept open in the morning and closed at dusk. His fellow council members were all generally in support of the trail reopening and each offered further suggestions.

Councilman Stan Bogosian said he supports entering into an agreement with the water district in part so that the sheriff's department can regularly patrol the area. Under the agreement, local law enforcement would be called to handle cases that arise.

"I don't think we have any choice but to provide for a trail," he said.

The council members reached a full consensus that efforts to reopen the trail are necessary, but they noted that the situation, including the proposed agreement with the water district, needs to be discussed further before the council moves to approve anything. At the end of the night, the council directed staff to place the matter on the parks and recreation committee's agenda for its January meeting to further investigate matters.