Director's report
CITY OF CUPERTINO
10300 TORRE AVENUE, CUPERTINO, CALIFORNIA 95014
DEPARTMENT OF COMMUNITY DEVELOPMENT
Subject: Report of the Com~unity Development Direct~
Planning Commission Agenda Date: Tuesday, October 14, 2008
The City Council met on September 30, 2008 and October 7, 2008, and discussed the following
items of interest to the Planning Commission
1. Guidelines for City Council Meetings: Council agreed to monitor the progress of the
meetings as compared to the time estimates on the agenda. They will provide notice early in
the evening to applicants and the audience members as to which item(s) might be continued.
Council members preferred not to continue items to a later date, but would try to finish most
meetings by 1:00 AM at the latest.
2. Presentation by the Santa Clara Valley Water District: Council received the presentation-
see attached literature.
. 3. Appeal of the Planning Commission's decision to approve a one-year extension of a
Tentative Map that expires on July 26,2008 for 21925 Lindy Lane: The appeal was denied
thereby upholding the Planning Commission's approval of the Tentative Map extension.
4. Photovoltaic Permit Fees for Quasi-Public Buildings: Resolution adopted amending the fee
to be $1123; which represents an 80% reduction from the standard fee. Council has directed
this item to come back to discuss issues of the two churches involved and the retroactive
application of the new fee.
Miscellaneous Items
1. City Planner Recruitment: After an extensive outreach and recruitment effort, Senior Planner
Gary Chao has been selected as the new City Planner filling the vacancy created by Ciddy
Wordell's retirement in April 2008.
Enclosures:
Santa Clara Valley Water District's Permanente Creek Flood Protection Project literature
Staff Reports
Newspaper articles
G: \ Planning \ SteveP \ Director's Report \ 2008 \ pdl 0-14-08.doc
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Clean, Safe Creeks
San~a Clara Valle~
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Protecti ng people
and properties
Permanente Cree.k has a history ofJlooding,
having experienced major flooding in
1862, 1911, 1-940, 1950, 1952, 1955,
1958, 1963, 1968, 1995 and 1998.
Flooding can r~sult in millions of dollars
in damage to homes, businesses and
schools. In addition, disruption to businesses
and transportation networks can result in.
significant loss of productivity and revenue.
One of the project's goals is to avoid utility
and transport.ation shutdowns and prevent
potential damages that could exc~ed $48
million (l999 value).
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LEGEND
Project features
o floodwalls
e Creek restoration
e McKelvey Park detention
G Channel widening
o Cuesta P~rk detention
~ Permanente bypass channel
Ci) Hale bypass channel
~ New diversion structure
([", Rancho San Antonio Park detention
C. South Branch Dam
G Blach School detention
Landmarks
Y: Shoreli ne Park
~ Mountain View City Hall
Er Los Altos City Hall
~ EI Camino Hospital
1 % Flood Limits
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Each winter, thousands of households, .
schools and businesses in Mountain View
and Los Altos are susceptible to flooding
from Permanente Creek during a major
storm. Th~ Santa Clara Valley Water,District
has initiated planning of a flood-protection
project along 1 0.6 miles of Permanente
Creek, from San Francisco Bay's southwest
shoreline through Mountain View to Foothill
Expressway in Los Altos.
Your Clean, Safe
Creeks vote at work
The project is
funded by the-
Clean, Safe Creeks
and Natural Flood
Protecti on pa reel
tax passed by
voters countywide
in November
2000. The 15-year
plan makes it possible to protect homes,
schools and businesses from flooding,
improving the health of creek and bay
ecosystems and creating trails and parks for
recreational en joyment.
Permanente Creek Flood Protection Project
District Contact Information
Access Valley Water: www~vallevwater.or2
Afshin Rouhani Saied Ho'sseini
Project Manager Senior Project Manager
Capital Project Services Division Capital Project Services Division
5750 Almaden Expressway 5750 Almaden Expressway
San Jose, CA 95118 San Jose, CA 95118
(408) 265-2607 extension 2616 (408) 265-2607 extension 2680
e-mail: arouhani@vallevwater.org e-m'ail: shosseini@vallevwater.org
Beau Goldie Rick Callender
, Deputy Operating Officer Assistant Operating Officer
Watershed Operations Government Relations Unit
5750 Almaden Expressway 5750 Almaden Expressway
San Jose) CA 95118 San Jose, CA 95118
(408) 265-2607 extension 2634 (408) 265-2607 extension 2017
e-mail: bgoldie@vallevwater.org e-mail: rcallender@vallevwater.org
\
Olga Martin-Steele Director Patrick Kwok
Chief Operating, Officer Director - District 5
5750 Almaden Expressway 5750 Almaden Expressway
San Jose, CA 95118 Sa n Jose, CA 95118
(408) 265-2607 extension 2326 (408) 265-26'00
e-ma il: osteele @vallevwater.org
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By the numbers
The Clean, Safe Creeks plan provides $27 million
to design and construct a p~oject to:
· Provide natural flood protection for 1,664
properties by 2016;
· Prevent flooding of Middlefield Road and
Central Expressway;
· Prevent potential damages in excess of $48
million.
All dollar Figures are 7999 value.
The planning process
The water district is working with the cities and the,ir
residents through community and project task force
meetings to develop conceptual designs.
Comments and feedback have helped to identify
11 feasible flood-protection alternatives for further
study. The alternatives employ different methods of
flood protection, including:
· Flood-peak reduction, such as detention basins.
and dams;
· Bypass channels;
· Channel improvements, such as f/oodwalls and
channel-widening;
· Flood-proofing, such as elevating structures or
relocating them out of the flood-prone area.
Some of these alternatives
provide opportunities to:
· Protect 3, 170 parcels
· Remove as many as
2,300 feet of concrete channel
to restore to a more natural
stream condition
· Provide more parks and
preserve 20 acres of open
space, both in Cuesta Annex
and in Rancho San Antonio
County Park
· Reduce creek erosion
· Enhance eight acresi:of,
wildlife habitat I
· Preserve 1.6 miles of ri porion habitat along
Permanente and Hale creeks
· Extend the existing Permanente Creek trail beyond
U.S. 101 to Middlefield Road
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Preserving the existing riparian habitat along Permanente Creek is
one of the proiecf's obiectives.
The project on Permanente Creek includes removal of as many as
2 300 feet of concrete channel (left). The artist's rendering (right)
shows the creek in a r~stored, more natural'condition, such as this
location north of Middlefield Road in Mountain View.
Looking ahead
The Permonente Cr'eek Flood Protection Project
offers a tremendous opportunity for a multi-purpose
project to improve flood protection, create recreational
opportunities and enhance the environment. The water
district will continue to work with the cities and the
community to identify the most suitable' alternative. No
matter what alternative or combination of alternatives
is finally chosen, the water district is looking forward
to working with the community to provide critical flood
protection needs for Mountain View ~nd Los Altos.
Project schedule
2004 2006 2008 2010
I I I I
I I I I
2012
I
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2014 2016
I 1
I I
planning
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For more information, contact Senior Project Manager
Saeid Hosseini at (408) 265-2607, ext. 2680,
or email shosseini@Valleywater.org. Also, visit
our website at and use our
customer request and
information system. With three easy steps, you can
use th is service to find out the latest information on
the project or to submit questions, complaints or
compliments directly to a district staff person.
Use Access Valley Water to search
for proiects or work going on in
your neighborhood.
What we do .
The Santa Clara Valley Water District manages water
resources and provides stewardship for the county's five
watersheds, including 10 reservoirs, hundreds of miles
of streams and groundwater basins. The water district
also provides flood protection throughout Santa Clara
County. Visit our website, www.valleywater.org.
Neighborhood work
Flood protection also includes smaller neighborhood
projects to keep creeks in good shape. The water district
removes sediment, invasive vegetation, trash and debris,
and repairs eroded creek banks to help our waterways
carry floodwaters saJely away from nearby homes- and
businesses. This same work also creates more natural
conditions for fish, plants and wildlife.
On the cover:
1. Flooding from Permanente Creek
at Bloch School in March 1983
2. Permanente Creek at Shoreline
Park at Mountain View.
3. Red-winged blackbird (Agelaius
phoeniceus) on Guadalupe
River in San Jose.
4. Great egret (Casmerodius a/bus)
at Shoreline 'Park in
Mountain View.
5. Long-billed curlew
[Numeniu5 american us) at
Shoreline Park in Mountain View.
6. Trail qdjacent to Camden
Groundwater Recharge Ponds
in Campbell.
2
3
5 4
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Send U5 your requ~r .
qu~om. ccmpla''1tS I
and compliments ~ J
'I'!elcome to Acc~:;:; V;lIlI.'Y W;lter, 3r e:::s':' W~lr ro ::;end your
requests, questions, complnint:; Jnd :<lmpli:ncn::: directly 10 the
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3) Cre'3!: 3n account so you c;m track the srarus and 311')'
r=:;pons~$ online. 24 11aurs c d3Y, '7 days a we=l~
w~ hope you enjlJ'! this seMce and we Icoh fOrw:3rd to getting
back to you.
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You're in a watershed
No matter where you are,
you're in a watershed.
A watershed is the area
of land that .drains a
common waterway. In
Sant.a Clara County, our
creeks catch rain and runoff
from storm drains and carry the
water north to San Francisco Bay or south
to Monterey Bay. Along the way, some of the water is
used to fill reservoirs for drinking water, replenish the
underground aquifer and create better habitat for fish
and wildlife.
This project is in the Lower Peninsula Wat~rsheds, a
98-square-mile area with many small-creek watersheds
that feed the tidal wetlands along San Francisco Bay. Its
San Francisquito and Stevens creeks are among the last
remaining viable steelhead trout runs in the county.
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San~a Clara ValleH
Wo~er Dis~ric~
5750 Almaden Expwy
San Jose, CA 9511 8
www.vall eywater. org
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
Fax: (408) 777-3333
(I OF
CUPEI\TINO
Community Development
Department
SUMMARY
Agenda Item No. JQ
Agenda Date: October 7, 2008
Application: Appeal of Planning Commission approval of DIR-2008-19
Applicant: John Dozier
Property Owner: John and Karen Knopp
Location: 21925 Lindy Lane
Appellant: Councilmember Gilbert Wong
APPLICATION SUMMARY
Consider an appeal of the Planning Commission approval (Exhibit A-l) of a one-year
extension to July 26, 2009 of the tentative parcel map (file no. TM-2005-03) for an
approved two lot subdivision of a 1.0 acre site into lots of about 20,000 square feet each
in an R1-20 zone.
RECOMMENDATION
The Council has the options to either:
a) Deny the appeal (i.e. uphold the Planning Commission's decision); or
b) Deny the appeal with modifications; or
c) Uphold the appeal (allow the tentative map to expire); or
c) Uphold the appeal with modifications.
BACKGROUND
On August 26,2008, the Planning Commission reviewed and approved on a 4-1 vote
(Miller, nay) a one-year time extension of a tentative parcel map (file no. TM-2005-03)
for an approved two lot subdivision of a 1.0 acre site into lots of about 20,000 square
feet each in an Rl-20 zone (Exhibit B-1, C-l and D-l).
DISCUSSION:
Applicant Comments:
The applicant said most neighbors do not understand or do not want to get involved in
a petition to change the standard street improvements to a semi-rural designation. He
feels that an extra year will be enough time to educate the neighbors and secure
enough petition signatures for a semi-rural street designation for Lindy Lane.
D~-:J3
Appeal of DIR-2008-19
Page 2
October 7, 200S
He also stated the Knopps should not be held accountable for any alleged
transgressions committed by Bret Moxley on his own subdivision. Mr. Moxley is not
involved in this property anymore.
Public Comments:
At least two residents felt the subdivision map should be allowed to expire for the
following reasons:
. In places the slopes were too steep or covered in unengineered fill. Core
sampling should have been done to validate the suitability of the property for
subdivision,
. The property may be too small to subdivide,
. A house cannot be squeezed into Lot #2 without damaging the trees.
If the property were allowed to be subdivided, it should be done lengthwise, which will
allow development that will do a better job of protecting the trees.
Regarding the street improvements, one resident felt the standard street improvements
could be installed without damaging the trees. Another asked that the street not be
narrowed for vehicle safety reasons, but deleting the sidewalk would be okay. Another
said he would get the 2/3 signatures needed to petition the City Council for a semi-
rural street improvement.
Staff Comments:
Staff responded to a number of questions asked by the Commissioners about the
project.
1. What type of public noticing accompanied this extension request?
There is no noticing requirement for extension requests of expiring tentative maps.
Staff looked to noticing procedures for extensions of other City entitlements but the
municipal code was largely silent on the issue, except for conditional use permits and
variances where the code allowed decisionmakers to extend the time of a use permit or
variance without a public hearing.
No public noticing was done for the extension request hearing; however, publication
noticing and mailed noticing of property owners within 300 feet was done for the
appeal hearing as prescribed by City ordinance.
2. A couple of trees were removed from the property after the tentative map was
approved. What happened after the removal?
A couple of eucalyptus trees were removed by the adjacent property owner without the
Knopps' permission. The Knopps' filed a retroactive tree removal permit (file no. TR-
2006-12) and ended up replacing the trees with two field grown Coast Live Oaks and an
eucalyptus. One was planted upslope and the other planted near the street.
2
D((-Q.'-t
Appeal of DIR-2008-19
Page 3
October 7, 2008
3. Was geotechnical review performed on the property?
Yes. A copy of the report titled: "Engineering Geologic and Geotechnical Feasibility
Evaluation Proposed Two-Lot Subdivision: 21925 Lindy Lane, Cupertino,
California/Project 2004G" prepared by Pacific Geotechnical Engineering and dated
May 23, 2005 is attached (Exhibit E-l) along with the City Geologist's review letter
(Exhibit F-l).
The description of the site geology was based on reconnaissance of the site and vicinity,
aerial photography analysis, subsurface data (i.e. core sampling) from the adjacent
property and the geologist's understanding of the regional geologic framework. The
geologist referenced his own subsurface data collected on the abutting Moxley
property, as well as, published subsurface data from core sampling of the Sun property
(west of Moxley) prepared by Milstone Geotechnical. The applicant's geologist
recommended that subsurface investigation be a requirement of any design-specific
geotechnical investigation for any house to be built. Presently, no new house has been
proposed on the property.
The City Geologist reviewed Pacific Geotechnical Engineering's (PGE) report and was
in agreement with PGE's approach and study as a feasibility-level investigation. The
City Geologist recommended a design-specific geotechnical report when a new house
was actually proposed on the property (Exhibit F-l). The recommendation was
incorporated in the conditions of approval for the subdivision.
4. Lot #2 has a proposed ingress/egress easement to serve Lot #1. If it is deducted from
the net lot area, the lot falls below 10,000 square feet and the subdivision should not
take place.
This issue was recognized by staff early in the review process when the applicant
proposed subdividing the lot lengthwise with the subdivision line parallel to the street.
This alternative design had a minimum of 10,000 net square feet per lot and no
ingress/ egress easement to deduct from the lot area. This alternative subdivision
design would have created a poor development relationship with the street, and would
not have matched the orientation of any of the other residences along Lindy Lane.
The approved subdivision with the subdivision line perpendicular to the street caused
the need for the easement to Lot #1 over Lot #2, which was resolved with condition #11
of the tentative map approval (Exhibit G-l). If the easement area (2,741 square feet) was
deducted from the net lot area, Lot #2 would be too small for subdivision.
5. Would standa1'd subdivision street improvements damage the oak trees?
Yes. Standard improvements include a 20-foot half-street width, a 6-inch wide curb and
a 4 and V2 foot wjde sidewalk as depicted in Exhibit C of Exhibit C-1. These standard
improvements would cause the removal of two oaks, regrading of the lower slope of
Lot #1, and 3-4 foot tall retaining walls in back of the sidewalk on Lot #1. Trying to
3
D,e - a5
Appeal of DIR-2008-19
Page 4
October 7,2008
route the sidewalk away from the oaks would not prevent tree damage as there will be
additional grading impacts, retaining walls for the uphill slopes, and, for safety reasons,
8-feet of vertical clearance of all vegetation overhanging the sidewalk. This clearance
will be damaging to the oaks, which have very low hanging canopies.
If the City Council elects to deny the appeal and uphold the tentative map extension,
there are several tentative map conditions that staff seeks clarification/ direction on
implementation (Exhibit G-l). -
Condition #2: FUTURE BUILDING AREA
One aspect of this condition prohibits the construction of retaining walls over 4 feet tall
in height as measured from natural grade. In general staff believes this condition can be
met on the property, but staff believes some-flexibility is warranted on this hilly
property. Staff suggests that taller retaining walls be allowed if they are not visible
from a public right-of-way.
Condition #3: SLOPE EASEMENT
This condition requires the delineation and recordation of a "slope easement" area
across the front of the property to ensure" that the existing landforms, trees and
vegetation be preserved." Any required street improvements in this area will probably
cause the removal of two Silk trees (Albizia julibrissin) and the relocation of one of the
mitigation coast live oaks. Council should indicate whether removalj relocation is
acceptable or if a tree removal permit is needed.
Condition #4: TREE PRESERVATION
No new residential development was proposed with this tentative map application, so
staff indicated that no trees were approved for removal as part of the tentative map
approval. Staff believes this condition has been misconstrued by some members of the
public to mean that all trees on the property were protected. This is clearly not what
staff intended when it drafted the condition. Staff did not intend for every orchard tree,
young sapling or exotic tree species on this property to be afforded the same protection
from removal as a specimen size native tree.
Note that street improvements and residential development/redevelopment will cause
the removal of non-native trees on this property. Removal of any protected tree as
specified in the City's protected tree ordinance will require a tree removal permit.
Commission comments:
A majority of the commissioners felt that the neighbors wanted to see the oaks fronting
Lindy Lane preserved and the best course would be to extend the tentative map for
another year to allow the applicant/ property owner another opportunity to seek
sufficient signatures to petition the City Council for a Semi-Rural street designation for
this section of Lindy Lane. With a Semi-Rural street designation, the Public Works
I) y( - !).(p
4
Appeal of DIR-2008-19
Page 5
October 7, 2008
Department has much more flexibility with street design and can address issues of
street width and on-street parking.
The Commission added one modification to the tentative map extension and that was to
require core sampling of the building site on Lot #2 and City Geologist clearance prior
to final map recordation.
Enclosures
Exhibit A-I: Appeal Email
Exhibit B-1: Planning Commission Resolution No. 6524 (for extension of map)
Exhibit C-l: Planning Commission staff report dated August 26,2008
Exhibit D-l: Planning Commission August 26,2008 meeting minutes (draft)
Exhibit E-l: Geotechnical Report prepared for the Knopp subdivision by Pacific
Geotechnical Engineering dated May 23, 2005.
Exhibit F-l: Geologic Review Letter prepared by Cotton, Shires Associates dated June
29,2005.
Exhibit G-l: Planning Commission Resolution No. 6313 (for tentative map)
Exhibit B-1: Planning Commission staff report dated July 26, 2005
Exhibit I-I: Planning Commission Meeting Minutes July 26, 2005
Approved Tentative Map
Prepared by: Colin Jup.g, Senior Planner
Approved by:
.~
Stev iasecki
Director, Community Development
David W. Knapp
City Manager
G:PlanningIPD REPOR TjCCj2008jD IR-2008-19 appeal.doc
Or< - ~1
5
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" 1 ""
CITY OF
CUPEI\TINO
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
Fax: (408) 777-3333
Community Development
Department
Summary
Agenda Item No. ~
Agenda Date: October 7,2008
SUBJECT AND ISSUE:
Con?ider adopting a resolution amending Resolution No. 08-044, User Fees, Schedule D
- Miscellaneous Items regarding Photovoltaic Systems for Quasi-Public Buildings,
Resolution 08- .
RECOMMENDATION:
Determine if the Council wishes to subsidize the cost to process building permit
applications for installation of photo-voltaic systems for quasi-public uses such as
churches. The Council should identify the exact amount of the reduced fee to be
inserted into the attached resolution. Staff suggests a fee of $1,123 representing an 80%
reduction or $2,500 representing a 55% reduction to reflect the relative size of
residential and quasi-public photo-voltaic systems.
BACKGROUND:
At the September 2, 2008 City Council meeting, a representative from Bethel Lutheran
Church raised a concern regarding the photovoltaic installation permit fees charged to
quasi-public buildings. On April 1, 2008, the Council adopted Resolution No: 08-044,
which, in part, lowered residential photo-voltaic permit fees to $200. The representative
from Bethel Lutheran Church asked the Council to consider lowering the photovoltaic
fee for quasi-public buildings by 80% to be proportional to the fee reduction approved
for residential installations.
All user fees are reviewed each year in conjunction with the preparation of the budget
and the city's policy of providing cost recovery. Presently the fee schedule categorizes
all building permits as being either residential or commercial in keeping with current
California building codes. A consultant study assessing the costs of the building
functions yielded a new building fee schedule in 2006. The fee study goals included:
updating the fee schedule, establishing the full cost of operation and allocating the full
cost of fees. All fees are set at full cost recovery, except for residential photovoltaic
systems, which are charged a City-subsidized $200 rate approved by Council on April 1,
2008. The residential fee reduction to $200 reduced the previously charged fee by 80%
for a typical 12 panel residential installation.
D Je - ;:Lib
Subject and Issue: Building permits fees for quasi-public photo-voltaic systems
October 7, 2008
Page 2
DISCUSSION:
The average project size for Cupertino's quasi-public building permit is 12.5 times the
size of a residential installation at 150 panels drawing 24 kilowatts. Presently, the
permit fee for such a project is $5,617. This fee includes initial and corrected outside
plan checking including the structural evaluation to ensure the panels can be safely
installed on the existing roof or structural support elements. Additionally, the building
inspectors conduct inspections for rough and final electrical, structural support
elements, panel installation and loading and a final installation inspection. The fee
encompasses all of the administrative support and staffing to answer initial questions
and process the building permit application including logging the application into the
computer system, shipping the plans out for plan check and scheduling the inspections
plus the building capital, equipment, operating and general overhead costs that support
the building function.
Staff surveyed the cities of Menlo Park, Mountain View, and Sunnyvale which showed
that residential solar/photovoltaic fees were reduced below the $300 as recommended
by the Sierra Club but there was no evidence that commercial induding quasi-public
buildings fees were subsidized. The City of Milpitas charges $1,767 for commercial
installations between 8 to 48 kilowatts but we could not determine if this fee is
subsidized or if it is based on a full cost recovery formula (see attached Milpitas fee
schedule).
FISCAL IMPACT:
An 80% reduction would yield a permit fee of $1,123. This, in turn, would mean that
the General Fund would backfill the Building Department approximately $4,500 per
photovoltaic permit issued. Historically, the building department has issued an
average of two such permits per year. Should Council choose to approve an 80%
reduction in photovoltaic permit fees for quasi-public buildings, as it has for residential
photovoltaic permit fees, the General Fund subsidy would total approximately $4,500
per quasi-public installation or an annual subsidy of $9,000 based on the historical
average of two such permits per year. We may see an increase in applications given
the increasing attention on green measures combined with an 80% reduction in the
associated building permit fees and an increase in the cost to the General Fund.
Alternatively, the Council may consider a proportional fee based on the average size of
the system (12 panels versus 150 panels), which would reduce the quasi-public fees to
$2,500 (12.5 X 200). This would cost the General-Fund $5,000 per year for two
installations. If the number of photovoltaic installations increases the amount of the
subsidy would increase proportionally.
DR -~C)
Subject and Issue: Building permits fees for quasi-public photo-voltaic systems
October 7, 2008
Page 3
Prepared by:
Traci Caton, Administrative Assistant, Conununity Development Department
Approved by:
,;
Sff,L
David W. Knapp
City Manager
Steve Piasec i
Director, Conununity Development
Enclosures
Fee schedules, emails or staff reports from:
Mountain View, Menlo Park, Sunnyvale and Milpitas .
Resolution approving a reduced photo-voltaic fee for quasi-public buildings
o YZ', 30
MercuryNews.com
Last 12 months deadly for San Jose pedestrians
DEATH TOLL OF PEDESTRIANS f.llOUNTS TO 23 IN S.J.; 13 ARE 60 OR OLDER
Bv Mark Gomez and Lisa Fernandez
Mercury News
Article Launched: 09/23/200804:24:57 PM PDT
It's been a deadly year to walk across the street in San Jose - especially for senior citizens.
In the past 12 months, 23 pedestrians have been struck by cars and killed, according to a Mercury News
review of police department data. That's almost double the average in most calendar years. In about two-
thirds of the latest accidents, police say the pedestrians were at fault. And more than half of those killed
were in their 60s or older.
Many senior citizens are alarmed, and now some are calling for changes, both in safety measures on San
Jose streets and the behavior of their fellow walkers.
"Sometimes, seniors are the cause, thinking they can just scoot across the street," said Ron Schwartz, 76,
an active member of the men's club at the Cypress Senior Center in San Jose. "But now, with these
deaths, we have to start realizing our age. We're not 35 anymore. Heck, we're not 50 anymore. Our
eyesight isn't as good, our legs aren't as good. We've got to walk to the end ofthe block to make it to the
crosswalk. "
Seniors in the South Bay are buzzing about the recent deaths of four older people killed in late summer,
including two church friends out for an evening stroll on the border of Santa Clara and San Jose, and a
grandmother returning home from some early morning shopping. All three women were in their 70s and
were fatally struck by hit-and-run drivers as they walked legally across the street. In the other incident, a
91-year-old man was struck and killed Sept. 13 at McLaughlin Avenue and Spokane Drive without using
the crosswalk.
Seniors are busy drafting letters to San Jose Mayor Chuck Reed to encourage engineering and traffic
improvements, as well as talking among themselves about the need to change their own unsafe walking
habits.
"We're very concerned," said Connie Langford, 75, chair of San Jose's senior citizens commission.
Between 2002-07, San Jose has averaged 13.4 pedestrian deaths annually, including 16 people killed in
2007, a five-year high.
But since Oct. I, it's been a particularly deadly time for pedestrians in the city. Sixteen of the 23
pedestrians killed by vehicles were at fault, according to police. If that trend continues this fall, the city
could post its highest yearly number of pedestrian fatalities since 20 people were killed in 2000 and 2002.
Most of those deaths could have been avoided, according to police.
Dt<? .;3J
Sgt. Rick deLisser of the San Jose Police Department's Vehicular Crimes Unit insists the number of
fatalities would be reduced if people would use crosswalks and traffic control devices, like waiting for a
green light to cross. In more than half the cases this year, pedestrians who were killed by cars did not use
crosswalks while trying to get across busy thoroughfares where speed limits are as high as 50 mph.
"Obviously we're looking at a population that should be educated enough to know they need to use
crosswalks," deLisser said. "Many of these were absolutely preventable and didn't need to happen."
In one such case, an elderly man died while crossing a six-lane road in the dark without using a
crosswalk. "The tragedy there is there was a crosswalk within 100 feet of either direction," deLisser said.
In another incident, a man was in the crosswalk but walking against a red light, hoping that traffic would
stop. Drivers in two lanes did. But a third, who did not see the pedestrian, drove through the green light,
killing the man.
In some cases, however, the deaths were not the pedestrians' fault.
On Aug. 9, Oralia Fuga Ramirez, 75, and Enedina Oliva, 70, were out for an evening stroll, and killed
while crossing Stevens Creek Boulevard at Cypress A venue. While that busy intersection is technically in
Santa Clara, the traffic signals are controlled by the city of San Jose. Wayne C. Cox, a former Silicon
Valley engineer who became homeless in the last decade, was charged with running his car into them as
they walked legally in the crosswalk.
It's intersections like these that seniors, including Schwartz of the Cypress Senior Center, located two
blocks from where the church friends were killed, are trying to get changed. Schwartz's group is drafting a
letter for Reed and the city council, asking for the Department of Transportation to study certain high-
traffic intersections. Schwartz and his fellow seniors also would like to see new "slow down for seniors"
signs, speed trailers. to show motorists how fast they are going, wider concrete median strips to serve as
safe havens in the middle of the street, longer light signals, and blinking lights to mark crosswalks.
Police say it will take a joint effort from drivers and pedestrians to cut down on the number of people
killed each year.
"If we can get pedestrians to be aware of traffic conditions and use traffic devices and be alert and aware
- if we can get that out there - no doubt we can reduce the number of fatalities," deLisser said. "The
biggest shame is with a little added attention and caution, many of these could have been prevented."
So far this year, 13 pedestrians have died in San Jose, plus two elderly women who were killed in Santa
Clara on the border of San Jose, which controls the traffic lights in that area. However, 23 pedestrians in
San Jose have died going back 12 months to last October.
Oct. 1,2007,8:48 a.m. Woman, 63, Blossom Avenue and Blossom Hill Road
Oct. 8, 2007, 8:59 p.m. Woman, 39, Almaden Expressway, north of Highway 87
Oct. 9, 2007, 6:35 a.m. Woman, 84, Canoas Garden Avenue and Mill Stream Drive
Nov. 4, 2007, 8:32 p.rn. Woman, 43, and boy, 6, Fourth Street and Younger Avenue
Nov. 19,2007,6:23 p.m. Woman, 72, Senter Road and Balfour Drive
Dec. 3, 2007, 4:45 a.m. Man, 59, Branham Lane and Eagle Lake Drive
Dec. 11,2007,6:50 p.m. Man, 42, Williams Road and Boynton Avenue
Dec. 12,2007, 10:03 p.m. Man, 44, Bascom Avenue and Borello Drive
Dec. 27, 2007,10 a.m. Woman, 60, McKee Road and Ludlow Way
Jan. 4, 7:15 p.m. Man, 50, at North Capitol Avenue and Ohlone Drive (Light rail vs. pedestrian)
Jan. 10, 6:57 a.m. Woman, 50, Capitol Expressway and Quimby Road
Feb. 8, 6:02 p.m. Man, 76, Saratoga A venue and Prospect Road
Feb. 15, 12:26 p.rn. Man, 61, Bellingham and Beckett drives
Feb. 21, 6:20 p.m. Woman, 48, Oakland Road and Fox Lanee
y)re .. 3d-
Feb. 29, 7:02 a.m. Boy, 2, 11th and Williams streets (in his driveway)
March 20, 11: 18 p.m. Man, 51, Commercial Street and Berryessa Road
April 1, 6:30 p.m. Man, 66, Capitol Expressway and Nieman Boulevard
June 12, 12:13 p.m. Girl, 13, Park Avenue and Selbom Place
Jan. 9, 12:06 p.m. Man, 73, Bascom and Naglee avenues
Aug. 9, 8:20 p.m. Two women, 73 and 70, Cypress Avenue and Stevens Creek Boulevard *(technically in
Santa Clara, but the traffic signals are controlled by the city of San Jose.)
Aug. 30, 8:40'a.m. Woman, 69, Santa Clara and 7th streets
Sept. 9,4:38 p.m. Man, 60, Capitol Expressway and Senter Road
Sept. 13,9:27 a.m. Man, 91, McLaughlin Avenue and Spokane Drive
Source: San Jose police
By the numbers, here are the number of pedestrians who died in San Jose annually since 2003.
13 =2008
14 =2005
16 =2007
15 =2004
9 =2006
13 =2003
Source: San Jose police
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The Mary Avenue BicycIe/Pedestrian Bridge soars over Interstate 280 in Cupertino as work on it continues.
Photograph by Jacqueline Ramseyer
Building a br~dge to somewhere
Striking edifice
taking shape
By MATT WILSON
T be Mary Avenue suspen-
sion bridge is taking shape
across Interstate 280 after a
busy September of crews working
gra ve yard shift hours.
The bridge last n10nth went
from two unconnected 90-foot
steel towers to the bare bones of a
connected span with the installa-
tion of steel suspension cables.
On Sept. 3 the span of the bicy-
cle/pedestrian bridge began to
slowly extend out from the north span were'put into place on Sept. said Qualls at a Fine Arts Corn-
to south, towering over the free- 24, with preliminary work finishing 01ission meeting in August.
way. Through mostly late night and up' during the first week of Octo- The steel bridge and surround-
early morning work, the skeleton ber. ing landscaping have a tentative
of the span was extended .com- The city of Cupertino website completion date of spring.
pletely across 1-280 by Sept. 6. The launched a real-time webcanl lba t The $10.2 million brid Qe is
span is 500 feet long by 16.3 feet visually tracks the progress of the funded primarily by the valley
wide with a structural steel girder. bridge construction. Still images Transportation Authority.The city
On Sept. 9 the first of the since July 24 can be viewed at inter- of Cup en in ow as the other major
bridge's 44 thick steel cables began vals of approximately 15 minUle~. financial contributor. The city of
fanning out from the north tower. City architect Terry Greene and Sunnyvale provided some fund-
The south tower's cables began Cupertino public works director ing for project.
popping up on Sept. 13. '-' Ralph Qualls were both unavaiJ- The area surrounding the
The cables connect to the top of able 8,t press time for comments on bridge will include about 12 acres
the towers and the bridge's future construction or an updated of 18ndscaping, soundwalls and
roadWay to allow it to be extended timetable for completion bicycle trails with public art.
without the need for supports on "It is going to be a Cupertino To view the WebCQJ71, bridge
the eight-lane freeway. . icqt\ .~hen you see the bridge. updates and renderings, go to
The foundation blocks along the YOJ;A-~oig*hink Cupertino:. '1\'H'vl'.cuperrin.o.org.
OCTOBER 8, 2l.h78 SILICOr-~ VALLE) C()rvl~fl TI'(ITY '\JE\VSPAPERS 5
. Cupertino
OURIER
Volume 61, Number ;28 · Odol~r 8, ;2008 + Cupertino, CA + Est. '947 + Www.cupertinooouriel:cc
D y( "-85
RESIDENTS GET
A HEADS-UP
ON FLOOD
CONTROL PLAN
$38 million project
in planning stages
By MATT WILSON
The Santa Clara Valley Water District
paid a visit to the Cupertino City Council
meeting on Sept. 30 to update the commu-
nity on a $38 million project aimed at avert-
ing catastrophic flooding along Perma-
nente Creek.
"We want as many people as possible to
know about the project so we can get their
feedback," said Beau Goldie, a represen-
tative from the water district.
The flood protection project encom-
passes a 98-square-mile area with many
small-creek watersheds along Permanente
Creek.The creek snakes through portions
of Cupertino, Mountain View, Los Altos
and other cities.
The area of Cupertino most concerned
with potential flooding is in the Rancho
San Antonio Park area near the Gate of
Heaven Cemetery.
Permanente Creek has a history of
flooding, with maj or flooding occurring 11
times, twice during the 1990s'.
The project aims to curb future flooding
that could result in potential damages
exceeding $48 million.
The project is being funded by the coun-
tywide Clean, Safe Creeks and Natural
Flood Protection parcel tax passed by vot-
ers in November 2000.
The expected completion is slated for
2015, or 2016 at the latest.
Water district representatives are plan-
ning to go door-to-door in the Rancho San
Antonio neighborhood so that residents
can be fully informed about project in the
coming months.