Director's ReportCUPERTINO CITY HALL
10300 TORRE AVENUE
CUPERTINO, CA 95014
TELEPHONE (408) 777-3308
FAX (408) 777-3333
CUPER~INt~
DEPARTMENT OF COMMUNITY DEVELOPMENT
Subject: Report of the Community Development Director,
Planning Commission Agenda Date: Tuesday, November 5, 2009
The City Council will meet on November 30.2009 and will not hold meetings on November 2
or 17.
Miscellaneous Items:
1. Scenic Circle Gate and Bride - On October 2, 2008, Dave Knapp included the following in
his Items of Interest for City Council.
"Shortly after arriving in the summer of 2000, I heard from Max Bokelman and Don
Bautista asking that I improve the fence around blackberry Farm. I looked into the
situation and discovered that kids, using the bridge near Scenic Circle as a shortcut to
school, had made holes in the fence. Max and Don complained that older kids used these
breaks in the fence to hold unauthorized, after-hours parties"
"I made an arrangement with Max and Don to improve the fence, but provide a gate for
school kids. I gave the combination of the lock to them so they could close the gate after
hours."
"This arrangement seemed to work very well for a few years until we started talking about
a trail along the creek. Max and Don, and others, became alarmed that Scenic Circle would
become an access point for the trail with the attendant parking, noise, and trash issues. The
neighbors petitioned to permanently close the gate and remove the bridge. Council
decided to close the gate, but due to counter suggestions by parents of kids who use the
bridge to get to school, decided to leave the bridge in place for later consideration."
"A few months ago, to work on the embankment under the bridge, we lifted the bridge and
set it aside to be replaced when the creek was finished. When it came time to replace it, we
substituted the better (surplus) bridge from further downstream. We sent a letter to all the
Scenic Circle neighbors telling them what we were doing."
"Attached is a memo from Gail Seeds that provides more details on the bridge. Email on
this subject has increased recently, so you may be hearing from neighbors."
Both documents referenced are attached. Don Bautista recently asked the City what the
justification was for replacing the old Scenic Circle bridge and questioned whether more
Environmental Review should have been triggered by that bridge replacement. He also
asserted that, "City Council directed staff that this {old} bridge be removed and that no
access be provided from the Scenic Circle neighborhood." He is half right. Council
directed staff to lock the gate but did not direct the removal of the old bridge. In fact,
Council asked staff to propose a task force to look at the role of the Scenic Circle bridge in
1~ 12 - ~
Report of the Community Development Director
Tuesday, October 27, 2009
Page 2
the larger context of school safety. Dave Knapp's plan is to provide Council some options
at the November 30 Council meeting for establishing such a task force.
We knew that this question would be coming up. While construction was underway at
Blackberry Farm, the fact that the gate was locked was not an issue. But now that the
project is finished, parents are renewing their efforts to open the gate. Some parents went
to Blackberry Farm Operations Neighborhood Advisory Committee (established as part of
a settlement of the Fry vs. Cupertino lawsuit).
If Council decides to open the gate, there are expenses in making the bridge ADA-
accessible (ramps) and in creating a safe trail from Scenic Circle to the bridge.
2. Vote by Mail Satellite Collections -Attached is a chart of the vote by mail ballots collected so
far from cities, the County main office, and the ballot collection box on Berger property. So far,
Cupertino is the lead city as far as ballot returns. This speaks to our sense of community and
accessibility of city government.
3. Mutual Aid Deployments -Early Sunday morning, CalFire requested two strike teams and a
wild land task force for the Loma fire on the Santa Clara/Santa Cruz county line. Resources
were on the fire line through the night.
4. H1N1 Webpa~e from Public Health Department -The link to the interim H1N1 webpage is
http://www.sccphd.org/hlnlflu. It is a work in progress, and a good place to get information
as it becomes available.
5. Veteran's Memorial Ceremony -Attached is the flyer for the Veteran s Day ceremony on
Wednesday, November 11.
Upcoming Dates:
Nov.11 Veteran s Memorial Ceremony at Memorial Park
Nov. 30 Council meeting as the regular meetings of November 2 & 17 are cancelled
Dec 1 Council Swearing in Ceremony
Enclosures:
Memo from Gail Seeds
Notice sent to neighbors on Scenic Circle, Scenic Court, and Riveira Road
11-3-09 VBM Ballots Collected at City Clerks -10/5 through 11/4/2009
Flyer for Veteran s Memorial Ceremony
G: ~ Planning ~ AartiS ~ Director's Report ~ 2009 ~ pd11-5-09.doc
~~-Z
CUPERTlMO
OFFICE OF THE DEPARTMENT.OF PUBLIC WORKS
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3354 • FAX: '(408) 777-3333
A~IEMORANDUM
Date: September 8, 2008
To: File
From: Gail Seeds
Subject: Stevens Creek Corridor at vicinity of Scenic Circle Bridge
Stevens Creek Con~idor, Phase 1 A, Creek Restoration, Project 9124
Introduction
The design of die Stevens Creek Coizidor project, Phase 1, provides for restoration of the creek
channel within Blackberry Farm. Some portions of the chamlel are to be widened. Some areas
will have riprap armoring removed arid recontouring of creek banks. Other portions are being
completely realigned in a new channel location. One of the overall goals is to make d1e creek
channel more stable, using `natural' methods such as appropriate grading, more gentle creek bank
slopes and a wider channel, installation of native plantings, and use of boulders and tree trunks to
protect grades and control erosion.
The construction documents for Phase 1 included removal of two bridges and installation of one
new bridge: The existing wood bridge near the pool complex is to be discarded and replaced.with
anew steel bridge. An existing metal bridge just downstream is to be removed. A third wooden
bridge near the tot lot play structure is left intact in the plans. This bridge links to d1e Fallen Oak
picnic area on the west bank, north of a portion of Scenc Circle, and is generally referred to as die
"Scenic Circle bridge." At a meeting on July 17, 2007, the City Council directed staff to leave a
bridge in this location. ~ -
Discussion
Picnicking will no longer occur at the Fallen Oak picnic area. It will become an area that is
revegetated with native plantings. These plantings will receive irz~igation during the establislunent
period. The plants will need regular care atld maintenance, with a higher level of care during the
first several years. There is a need for regular access by maintenance staff.
The existing Scenic Circle s~~ood bridge that provides access to Fallen Oak is approximately 4'6"
wide and 30' long. The metal bridge being removed downstream is more dean 7' wide and
approximately 48 feet long. The project team saw an opportunity to replace the wood bridge at
Scenic Circle with the wider, more durable metal one that was about to be discarded. The extra
width will facilitate certain maintenance activities and improve access for taking care of the area.
There is no intent to change the use, nor the location, of the bridge at Scenc Circle. The bridge is
currently for access oi~Iy, and is not permanently attached to a permanent abutment. Swapping the
bridge spans maintains the cui~•ent access condition.
~2- 3
Memorandum
September 8, 2008
Page 2 of 3
Replacing the wood bridge span with the Ionger metal bridge span at the same location provides a
further opportunity. The creek at the Scenic Circle bridge is "pinched" between a roadway and
mature trees on the east bank, and concrete walls on the west bank. The channel is very narrow in
this area and a tight con=e occurs here. This is a location ~~=here creek waters are most Iikely to
overtop the banks during major storms, due to the c.ham3el geometry.
Having a longer bridge span at this location allows for widening of the creek at this nai7ow pinch
point. It provides an opportunity to remove the concrete walls on the a=est bank as well. It also
allows removal of emergency-placed riprpap that exists on the east bank, and its replacement with
gentler creek bank slopes and restoration plantings.
Widening of the creek channel at this location is reconunended by the consulting hydrologist for
the project as well as the Santa Clara Valley Water District. It is also supported by the various
resource agencies that regulate and protect creeks, such as the California Department of Fish and
Game. The Califonua Department of Water Resources staff reviewed the site in June 2008, and
sent the attached letter in July 2008 urging that the creek banks be laid back in the area of the
Scenic Circle bridge.
Environmental Compliance
Staff conferred witli the City Attorney's office regarduig whether additional environmental
clearance would be needed to replace the wood bridge span at .Scenic Circle with the metal span
from do«=nstream. The span would be placed at the same location, be sinular in scale to existing,
be at the same elevation, and be a temporary span not attached to any abutment. Its use would not
change from what has previously been endorsed by the City Council. Staff also conferred with
City Attorney's office regarding removing riprap and concrete walls on the creek banks near the
bridge and perfornung grading and revegetation. The removal of structures, bank grading and
installation of native plants is similar to what is being constructed upstream and downstream as
part of the restoration effort, and is consistent with the overall goals of the project.
Tlie City Attorney's office advised Terry Greene, City Architect, in July 2008 that no new
envirorunental clearance effort would be needed for swapping the bridge span in this manner, or
removing the adjacent manmade structures [riprap armoring & concrete wall] from the banks and
adjustiizg and replanting the creek banks.
Permitting Agency Compliance
Staff.conferred.wlth the four agencies that are involved in permits for Phase lA of the project, to
determine if any new or additional permits would be needed. All four agencies were supportive of
the proposed work. Each supported placing the longer pedestrian bridge span, removing the
concrete and rip rap, and grading the creek banks near the bridge for widening and installation of
restoration plantings. The results are summarized below.
e U.S. Arn1y Corps of Engineers sent confirmation that the modifications were acceptable.
® Regional Water Quality Control Board sent confu-mation that the modifications Zvere
acceptable.
~D2-~-
Memorandum
September 8, 2008
Page 3 of 3
® National Marine Fisheries Service sent confn-nzation that the proposed work was a minor,
«=ould improve the site, that any `take' [adverse effect] was within the amount anticipated
in the original approval, and that no new review or authorization would Ue needed.
• California Department. of Fish & Game (DFG) was supportive of the modifications.
However, the previous action by DFG was to issue a waiver rather than a permit. They had
no process in place to amend a waiver, so they asked that a Strea~nbed Alteration
Agreement application package be submitted for the modification. (No#e: a DFG
Agreement serves as a permit.) DFG issued an Agreement for the work on September S.
Based on the City Attorney's concurrence that the work is permissible and the pernzitting agency
concurrences/approvals received, this work can be undertaken. Involved agencies have concluded
that undertaking this work «=ould lead to beneficial improvements that are compatible with the
project goals.
Attaclunent: Letter from Dept, of Water Resources, July 11, 2008
cc: T. Greene, C. Lyanugh, File 9112
D IZ -S
C17Y OF
C U P S RT I N O PUBLIC WORKS DEPARTMENT
July 23, 2008
NOTICE OF CONSTRUCTION ACTIVITY
STEVENS CREEK BRIDGE -VICINITY OF
SCENIC CIRCLE
This notice is to advise all interested parties that the temporary
wooden bridge that crosses the creek at what used to be called the
Fallen Oak Picnic area, adjacent to Scenic Circle, will be
temporarily removed for construction access in the creek. This
work will commence on Wednesday July 30, 2008. The bridge
crossing will be restored at the same location after the woriz in the
creek is complete and before Blackberry farm is reopened to the
public.
If you have any questions please contact Terry Greene, City
Architect at:
408 - 777-3354
terry~~cunertino.or~
RALPH A. QUALLS, JR.
DIRECTOR OF PUBLIC WORKS
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Veterans Day, Wednesday November 11 is fast approaching.
Join us as we honor our veterans who have done so much to
preserve our freedoms. Words cannot express the depth of gratitude
owed for their service to our Country. We will always be gratefill to
them.
Who: Anyone who wants to honor "Those who cherish Liberty and
those who have served to protect it."
What: A celebration on Veterans Day
When: Wednesday, 11 / 11 at 11 am
Where: Cupertino Veterans Memorial near the Senior Center in
Cupertino's Memorial Park.
Why_, To thank our veterans for so courageously se1-ving our
Country!
Life has a cel-tain flavor for those who have fought and risked all
that the sheltered and protected can never experience.
John Stuart Mill
1~~ -~