SI
SI
discoversearch

We've detected that you're using an ad content blocking browser plug-in or feature. Ads provide a critical source of revenue to the continued operation of Silicon Investor.  We ask that you disable ad blocking while on Silicon Investor in the best interests of our community.  If you are not using an ad blocker but are still receiving this message, make sure your browser's tracking protection is set to the 'standard' level.
Pastimes : Don't Ask Rambi -- Ignore unavailable to you. Want to Upgrade?


To: jhild who wrote (9075)3/30/1998 7:53:00 PM
From: Jacques Chitte  Respond to of 71178
 
The leasing angle has promise. But we've been inquiring for a coupla years now. There are shadowy plans in the works to make the spot a park or something. I don't want a park. But it'd be nice to lease at least the first twenty feet, which belong to the city. So far - they're not interested however.



To: jhild who wrote (9075)3/30/1998 8:54:00 PM
From: Jacques Chitte  Respond to of 71178
 
Here's the letter. Len Grilli is a guy I talked to on the phone. He seems quite nice, but his tack is "not a whole lot I can do". He encouraged me to list my concerns in letter form. Here's my opus for all to dissect.
I might be without much power, but by Gawd at least I can spell!

To: From:
Len Grilli Alex and Caroline Muehldorf
PG&E Land Use Department 756 Dona Avenue
111 Almaden Blvd Rm 814 Sunnyvale CA 94087
San Jose CA 95115

CC: Regan Williams
Chief, Sunnyvale Public Safety Department
700 All America Way
Sunnyvale CA 94086

Dear Mr. Grilli:

I thank you for the time you have taken answering my questions over the phone these past two weeks. This letter serves to document and make you and PG&E aware of a problem situation on one of the utility's properties. The tract in question is the high-voltage right-of-way between Dona and Lois Avenues in Sunnyvale. Over the last month, a group of boys on bicycles, often numbering as many as ten at a time, have been using this tract as a bicycle playground and hangout. They are freely trespassing on this land every day (weather permitting), often until dark.
These boys have been loud and inconsiderate of the neighbors.
They are using foul language constantly, language my baby daughter does not need to hear.
They have behaved in an aggressive manner to people passing their hangout. They stare over the fence of my backyard and shout when they see me.
I routinely hear the loud clang of rocks being thrown at the pair of towers on the property, and I have found rocks in my backyard.
The boys have used shovels and picks to construct a bicycle obstacle course on this property. Neither the utility nor the Sunnyvale Public Safety Department has challenged this activity. On two separate occasions I have seen a boy jump his bicycle four feet up, then land poorly. The potential for injury is obvious and high. Not all of them are wearing helmets.
On Wednesday, March 25, five of the boys and an older rider expressed anger and dismay with me for calling Sunnyvale Code Compliance. Code Compliance removed some wood and assorted trash from the bicycle course. The bicyclists stated that their wood had been stolen. When I explained that their activity in this tract constituted trespassing and was a nuisance to the surrounding homeowners, I got a series of responses whose bottom line is this:
They are just boys who want to have fun. They were okayed to use this tract by both the city and the utility. The linemen who come to the towers think the bike track is "cool". They all have a sense of entitlement to use this tract as their playground. They believe I am being unreasonable when I tell them it's not their land to play on. None of the other neighbors seem to mind.
One of the boys underlined his viewpoint with a story about the apartment house in which he lives. It seems that an apartment manager was complaining that some boys were shouting and cursing. The fact that she complained got her fired, as well as the two managers who followed her and had the bad judgment to complain. The current manager doesn't complain.
I interpret this story as an implied threat to my safety and that of my property. I believe that these boys, if allowed continued unchallenged use of this land, may attempt to harm me, my wife and child, or damage my property. If this happens, I will sue PG&E.
I see two urgent and distinct sources of liability for PG&E. The first is that a bicyclist might injure himself on the property, making legal action by a parent a likely outcome. The second is that the boys have identified me as a whistleblower, and I am in fear for my safety and security every time they are allowed to show up unchallenged on this property.
I have contacted the Sunnyvale Public Safety Department regarding trespass and nuisance issues at this property. They have told me that they are not going to take action unless the titleholder, PG&E, files a complaint and is willing to prosecute the trespassers. I find this to be an indictment of the way the city regards issues of peace and safety.

I urgently recommend three courses of action.
1) File a complaint with the city certifying intent to prosecute trespassers, specifically naming this tract of land.
2) Post the tract on both ends with signs indicating "Trespassers will be prosecuted". This is an interim measure to enable the police to run off trespassers.
3) The only way to avert the liability issues mentioned above will be to make the tract unattractive to idle boys looking for a place to hang out without any adult supervision. Fence the tract on both street fronts, Dona and Lois, with chainlink. The other tracts east and west of this one are fenced; why not this one?

I look forward to your prompt reply. I am seeking to resolve this issue quickly and amicably without the need to resort to litigation.
Sincerely

Alex Muehldorf Ph.D.



To: jhild who wrote (9075)3/30/1998 9:03:00 PM
From: flickerful  Read Replies (1) | Respond to of 71178
 
but your neighbor said something about leasing the use of it? Can
you do that....


alex.

you are NOT about to lease property to
remedy an attractive nuisance, where the responsibility
to cure is the responsibility of the landowner, and where
the failure to so act,would make them liable not only to
you, but to the local and state government....

there are fines for this sort of thing, once
an inspection has been made to verify, etc...check into
the statutory procedure...it is under the health & safety
code.