Girl Scouts, Families Reach Accord on Road Use

Recent storm clouds may have a silver lining as 16 families living along Old Creek Road are close to reaching a resolution about their need to drive across part of the Girl Scout property when rains flood the road.

Contentious negotiations about use of the road have gone on for two years between families unable to come and go when it rains and Girl Scout leaders concerned about the safety of their members.

A temporary agreement was reached last week that allows residents to access Girl Scout property from 7 a.m. to 7 p.m. when the road is flooded in exchange for a $100 daily usage fee to be paid by a residents group. The Girl Scouts reserve the right to change the plan as needed.

“I think the rain from the last week and a half has really given this a sense of urgency, and we are all trying very hard to come up with something that works for everybody,” said resident Tim Wolfe, a board member of the Old Creek Road Winter Access Assn.

Among some of the solutions being suggested was to fingerprint all residents for identification purposes, to have two separate locks--one locked by the Girl Scouts during night hours and one used by residents during the day--or to install automatic gates that close behind every car.

Although neither side would say what the ultimate solution may be, both parties say they were closer to a permanent resolution. A leading idea involves building an alternative road on a neighbor’s property that parallels the road running through Girl Scout property. However, a portion of the proposed road may still have to cross the Scouts’ land near the property line.

“This plan will ensure the safety of children using the property as well as providing safe passage for the residents when the county road is closed,” said Kristen Frascella, Girl Scout communications director.

An arbitration session scheduled for early March was postponed to give both sides a chance to reach a resolution, said Lindsay Nielson, a lawyer representing the residents.

For a week or two during most winters, San Antonio Creek spills over Old Creek Road, leaving residents stranded.

Before 1998, residents were allowed to unlock a gate, drive one-third of a mile through the Girl Scout camp, unlock another gate and head to California 33.

But that winter, pounding El Nino rains left Girl Scout leaders short on tolerance and long on complaints.

Although Scout leaders declined comment, Wolfe said one of the gates may have been left open and incidents of littering, speeding and defacing the lawn may have been carried out by nonresidents.

“The gate was left open and it was open for so long that the general public was using the road for access. I think the residents would promise not to do that again,” he said.

At that time, Girl Scout officials changed the locks, citing safety concerns, and the residents sued for access. But thanks to last year’s mild winter, no one was kept from their homes.

As litigation dragged on, little progress was made until last weekend, when pounding rains prevented a resident from crossing the flooded road to return home.

The resident found somewhere else to spend the night, but the crisis started both sides talking again and, within hours, the 7 a.m. to 7 p.m. access agreement was reached.

People close to the negotiations said a permanent solution could be reached as soon as next week.