CC 11-15-95 CC-91 lA
Cupertino City Council
Regular Adjourned Meeting
November 15, 1995
PLEDGE OF ALLEGIANCE
Mayor Dean led the Pledge of Allegiance and called the meeting to order in the City
Council Chambers, 10300 Tone Avenue, Cupertino, at 7:05 p.m,
ROLL CALL
Council members present: John Bautism, Don Burnett, Barbara Koppel (7:25 p.m.),
Lauralee Sorensen and Wally Dean. Council members absent: None.
StatTpresent: City Manager Don Brown; City Clerk Kimberly Smith; City Attorney
Charles Kilian; and Public Works Director Bert Viskovich.
ORAL COMMUNICATIONS
None.
PUBLIC MEETING
Dr. John Grebenkemper handed out a packet of information rifled Route 85 Noise. He
reviewed and explained the infom~ation, including direct waves, reflected waves off
opposing walls, diffraction where waves cross and bend down, and refraction caused by
atmospheric conditions. He showed how an absorptive wall would reduce noise by 5
decibels (dB) at ground level, although the Caltrans position is that an absorptive wall
would reduce the noise less than 3 dB. He reviewed his conclusions and findings and
suggested retrofits, including covering the below-ground retaining wall with absorbent
material. This would require only 10% of the sound walls to be changed. He also
suggested repaying those same sections of freeway with low-noise pavement.
At 7:25 p.m., Koppel was present.
Ms. Joan Hershkowitz, co-chairman of the Route 85 Noise Abatement Committee, said
that tests had shown that there could be a reduction of as much as 10 dB reduction if lined
concrete were changed to asphalt. She said that in the past she had given Council
petitions containing over 3,000 signatures, and now asked that Cupertino join with
Saratoga citizens to address the problem. Saratoga has voted to take political leadership,
and they would soon pass a resolution asking state and federal representatives to create a
test corridor.
' November 15, 1995 Cupertino City Council Page 2
IVlx. Robert Karlack handed out a packet o£info~,L~atlon and discussed it in detail. It
addressed questions commonly asked about Route 85, such as why the noise is
unacceptable, how it differs from other local freeways, and whether it can be made more
quiet. This information also included his comments regarding statements made in the
EIR, as well as charts showing noise measurements.
Ms. Ardith West thanked Council for this public meeting, and also thanked the committee
members. She said that the complaints of residents are valid and were caused by
inappropriate construction. However, the impacts can be mitigated. Without mitigation,
the problem will only worsen with more traffic and higher speeds. She said that the City
of Saratoga, Assemblyman Cuneen, and Senator Campbell have acknowledged the
problem, and she asked Cupertino to do the same by working with them and adopting a
resolution.
Ms. Eileen Goodwin, representing the Traffic Authority, emphasized the positive aspects
which had been achieved in the construction process. This included building in the most
sensitive way possible, and reducing it from the 8 lanes originally planned to only 3, of
which 1 is the carpool lane. The center area was reserved for mass transit, and the road
was depressed 20 feet into the ground at the request of the community. Trucks were
banned, which would have been one of the biggest contributors to sound noise. She said
that the EIR recommendations are within state and federal laws, and the Traffic Authority
- used a lower trigger than required, 62 dB, before a sound wall was required. She
discussed how their measurements were taken, and said they were investigating an
acoustical hanging project or an overlay of the road itself. She explained that the
Department of Transportation owns and operates the highway, and it is not feasible to
overlay at this time. She also explained that asphalt would have been a cheaper
construction material, but Portland cement was used because the road was depressed and
the impacts of the water table and other issues would have reduced the wear life of
asphalt to 7-8 years instead of the 20-30 years the current road will withstand. She said
there has been discussion ora demonstration project. The Transit Authority's role is to
bring people together and help reach consensus. Also, if there is a possibility of grant
funds they have representatives in Sacramento who will participate in that process. There
is only a $15 million pot of money available from the state which has not been
earmarked, but many communities will be competing for it.
The following individuals spoke:
Jerry Cunan, 1526 Poppy, said this mitigation effort won't die even if there is no money
available, because of the numbers of people who are affected by the problem and who
will continue to fight.
A gentleman named Shane, 11440 Garden Terrace, suggested empha.qis on alternative
.- vehicles such as those that run on batteries or alcohol.
November 15, 1995 Cupertino City Council Page
Sandra Anthony, 10381 Mary, said she represented 160 people at the Casa De Anza. She
said they feel that the noise is too high. She thanked Caltrans for the ivy planting and
installation of a watering system.
Jim Davis, Creston Drive, suggested attention also be paid to the "upstream" portions of
280/85 exchange which are elevated with no sound walls. Caltran~ had authorization to
construct those back up to Highway 280 but did not do so yet.
Mr. Larry Line, 7452 Stanford Place, said that the state and Caltrans each point to the
other as the agency to fix the problem, and he asked Council to fulfill their leadership role
in this matter.
Meir Levi, a resident of Saratoga and a member of the Highway 85 Noise Abatement
Committee, said that he had gathered information from other countries whose mitigation
standards were much higher, He had communicated with a scientist in Germany who was
appalled with the situation. The average noise levels in that country should not exceed
49 dB at night and 59 dB in daytime.
Mr. Robert Keys, Festival Drive, said that he did not have measuring equipment, but
before the freeway opened he personally drove several locations to compare the noise,
and at Festival drive the noise is as bad as on a fiat freeway with no sound walls.
Mr. Ting Wu, 7524 Shadowhill Lane, said he wanted to get a good night's sleep between
4:00 and 5:30 and he can't do that now.
Dean said that Council understood the situation, and it was a frustrating one. The next
step was to develop a plan and to locate funding that the state can use for mitigation
measures.
Koppel moved to direct staff to (1) Prepare a resolution; (2) Get into the pipeline at the
Transit Authority; and (3) Work with state agencies to obtain matching funds.
Sorensen seconded the motion and suggested an amendment, that a committee composed
of City representatives, Assembly and Senate representatives, and the Board of
Supervisors also eousider mitigation measures at 280/85. Koppel accepted the
amendment.
Bumett said that defining sound by decibels is not a total measure of annoyance, and the
speakers tonight presented excellent evidence that refraction is a very real problem. In
Caltrans' defense, there is an evolving technology, and he was willing to work with the
group to benefit everyone.
November 15, 1995 Cupertino City Council Page
Bautista said he agreed with the other Council members comments and there were quolity
of life issues. He said Council should consider whether to include San Jose in the next
steps. A preliminary measure should be to write a letter to the legislators and Board of
Supervisors so they know there's a problem on which the committee intends to take
action, and then meet in committee with San Jose and others.
Sorensen agreed it was both a health and stress issue.
The motion carried 5-0.
ADJOURNMENT
At 8:40 p.m. the meeting was adjourned to Thursday, November 16, at 6:45 p.m. for the
swearing-in ceremony.
City Clerk