In a phone call this evening, the councilman made clear to me that this issue is indeed a funding issue. And if he had funds available he would support the City offering to pay a fee to the landowner to preserve an easement. The City has no funds to offer to pay the landowner for such an easement through their newly purchased property. And current zoning does not preclude the landowners intended use. So the City may face a lawsuit if the City prohibited the landowners rightful use of their land.

In councelman Oliverio’s own words, “who wouldn’t support trails”. He also indicated that in a survey his office conducted, trails were ranked tenth among all issue surveyed.

Here is my counter-reply and the Councilmans original boilerplate response…

Councilman Oliverio:

Thank you for your reply but I think you missed the meaning of my original message. Funding for trails is a completely separate issue. This issue is to prevent an existing railway corridor right-of-way from being lost forever because a private company wants to build an awning that will block the path.

From a general perspective, it seems that we should be able to resolve to preserve the right-of-way now, and find funding for trails at a later juncture. But if we fail to preserve the right-of-way now, the future options for trails will be moot, and we will have missed this opportunity..

I am ask that my councilman take steps to preserve the right-of-way irrespective of any future funding considerations. This is a no-cost option.

Thanks for reconsidering my request.

-David Bartholomew

On 8/26/09 10:56 AM, “Denelle Fedor” wrote:

Hi David,

Thank you for your e-mail regarding trails and how they can be paid for.

Councilmember Oliverio will take these suggestions and ideas into consideration when he works on trails/parks issue.

Best,

Denelle Fedor

Chief of Staff, Councilmember Oliverio

_____________________________________________________________________
Best,

Denelle Fedor
Director of Public Policy
Councilmember Oliveiro, District 6
408-535-4952

Here is a copy (my detailed contact information has been removed in this version)…

RE: Stucco Supply Site Development Permit Appeal H 09-009

Dear Chairman Do and Honorable Commissioners:

I’m not sure if you read the article in the Mercury News today regarding the potential bike trail right of way that is threatened by a recent decision by the Office of the Planning Director. Here is a link to the article:

http://www.mercurynews.com/ci_13184912?IADID=Search-www.mercurynews.com-www.mercurynews.com

I am writing to you to voice my profound concern and ardent wish that we do everything possible to preserve this contiguous right-of-way and make San Jose a more bike friendly City.

As you are undoubtedly aware, there is a planning commission meeting scheduled for tomorrow on this issue. I want to make sure that you are aware of opposition to this issue and to ask if you may be able to do anything to influence the outcome.

I am 54 years old, and I recently began commuting to work via bicycle 3 days per week. It is difficult and dangerous navigating the five mile route to work from Willow Glen on the City streets. It’s just not as safe or nearly as fun to ride on streets with cars whizzing past within inches.

As time goes on and fuel prices inevitably rise, more and more of our neighbors will consider bicycles as a means of getting to work and getting around. Dedicated bike trails are such a much safer and more pleasurable option. They far exceed mere painted, bicycle lanes in terms of safety and enticement to ride.. I commuted to work for 5 years in Southern California from Newport Beach to Santa Ana, via the Santa Ana river trail system, where every major intersection afforded an underpass for bikes. We need more dedicated trails here in Northern California. Converting abandoned rails-to-trails are a one-time opportunity to preserve this contiguous property easement.

Here in Silicon Valley, the Los Gatos Creek trail offers a sublime route from Willow Glen to Vassona Park. I ride it regularly on the weekends with my 9 year old daughter.

You and your fellow planning commissioners have this one great opportunity to preserve the abandoned railroad right-of-way to become what it clearly should become, a linear park and a safe, attractive alternative route for commuters and bicycle enthusiasts.

Please help extend a long range future “Green” vision for enhancing bicycle travel within San Jose by halting the plans to build commercial storage buildings that block the potential for a dedicated right-of-way for the Three Creeks Trail on the abandoned railway. This historic right-of-way is a treasure to be preserved and re-purposed for the benefit of the community, the environment and the quality of life in our City. It’s not so much about the scenic beauty of the trail. The Santa Ana river trial is a cement river and not very beautiful. Its about preserving and extending dedicated paths, purpose-built for pedestrians and bicycles to perambulate without encroachment from cars, and being able to get to a destination crossing the fewest number of intersections.

How can this not be the better thing to do today and for our City’s future?

Thank you for your consideration.

Respectfully,

–

David Bartholomew