18. Access to BBF from Scenic CircleDEPARTMENT OF I~ARKS AND RECREATION
CUPERTINO
Agenda Item No. l 0
SUBJECT
CITY HALL
10300 TORRE AVEPJUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3110 • FAX: (408) 777-3366
STAFF REPOR"C
MEETING DATE: December 15, 2009
Consider providing access to Blackberry Farm and Stevens Creek Corridor Trail from Scenic
Circle.
BACKGROUND
At its December 6, 2005 Council meeting, the City Council voted to close the gate providing access
to Blackberry Farm from Scenic Circle. The Council action followed extensive discussion on the
issue.
The Council discussed the access issue again on October 17, 2006 and agreed to consider forming a
task force to look into the issue, as long as it addresses the larger issue of safety in the Monta Vista
High School, Kennedy Middle School, and Lincoln Elementary School area. Council asked staff to
return with proposals on forming such a task force.
The gate remained closed throughout the construction of the Stevens Creek Corridor Trail and
Blackberry Farm Park. During the construction of the trail and the renovation of the park, the
construction crew removed the north bridge (close to Blackberry Farm Golf Course), replaced the
middle bridge with a new bridge, and temporarily removed the south bridge (close to the
playground}. The south bridge was reconstructed in the same location, after the work in Stevens
Creek was completed. The south bridge is currently used for maintenance purposes by staff. The
neighboring community was notified of this action on July 23, 2008 in a Notice of Construction
Activity.
The Stevens Creek Corridor Trail and Blackberry Farm Park reopened on July 4, 2009. The
Director of Parks and Recreation established a E~lackberry Farm Operations Advisory Committee to
provide the department advice on the day to day operations of the trail and park. At its October 12,
2009 meeting, some of the neighbors brought th+~ issue of providing a safe route to walk and bike to
~s-~
school through Blackberry Farm to the committee. The committee discussed ideas such as having
the route accessible from Scenic Circle, during school hours only, with Parks and Recreation
contract staff opening and closing the gate. Those who supported closing the gate in 2005
continued to oppose opening the gate for reasons of neighborhood safety, parking, and traffic.
Parents brought the same issue during open forum at the October 20, 2009 City Council meeting
and spoke of the need for a safe route to the tri-school area now that Blackberry Farm and Stevens
Creek Corridor Traii are open.
Staff proposed two options far a task force to consider this issue at the November 30, 2009 City
Council meeting. The Council voted to bring the reopening of Scenic Circle gate issue to the
December 15, 2009 City Council meeting. The Council also asked the staff to check with the
Public Safety Commission, the Parks and Recreation Commission, the Teen Commission, and the
Bicycle and Pedestrian Commission to determine what, if anything, these Commissions were doing
with the school traffic safety issues. The staff report on the work of the Commissions is included in
a separate item on this agenda.
ANALYSIS
Access to Blackberry Farm and Stevens Creek Corridor Trail has been an issue for several years.
People on both sides of the issue feel very strongly.
Those who support keeping the gate closed, cite the following issues and concerns:
Personal Safety
Intruder
Impact of increased traffic on pedestrian safety
Protection of Property
Trespassing
Vandalism
Burglary
Impact on Property Values
Enjoyment of Property
Nuisance, including loitering, homeless encampment, trash, and noise
Privacy, both visual and acoustic
More cars parking on the street
More traffic on the street
Those who support reopening the gate, cite the following benefits:
Personal Safety
Students using the Blackberry Farm access will have a safer route to school for walking and biking
than using Stevens Creek Boulevard or McClellan Raad.
With more students walking or riding, the traffic congestion around the schools could be reduced,
making the tri-school area safer during the morning and afternoon peak times.
2
18-2
Access-
The Stevens Creek Corridor Trail and Blackberry Farm Park is a wonderful community asset and
should be accessible to all. The taxpayers of Cupertino paid for this park and paid for its
renovation so it should be accessible to all.
Environment
By providing a safer route to school, fewer parents and students will need to drive to school
reducing the pollution from autos.
Having access from Scenic Circle will give persons living on the west side of the park and trail a
bike and pedestrian alternative. Today, they feel the need to drive to the park and trail.
FISCAL IMPACT
if the Scenic Circle gate is reopened, the trail anal bridge need to be safe and accessible. Public
Works staff have studied the site and determined the following cost to make the route safe and
accessible:
• Scenic Circle curb /gutter cut and repair $5,000
• West side -185 foot long Pathway/Trail 45,000
• Demo, grading, cut and fill
10,000
• East side -Ramp, stairs & bridge modifications 15,000
• Landscape restoration 10,000
Subtotal Construction
85,000
Construction Contingency 15,000
Soft Costs 25,000
_ Project Total $125,000
The work could probably be complete within 4 r:o 5 months from authorization to begin
construction, but the construction would have tc~ occur during the period of time that respects the
environmental constraints that were in effect foz the Phase 1 A work.
There would be no additional operating costs if the gate were reopened, as the contract Park Service
staff are already on hand, providing security for the park and trail and are able to open and close the
gate.
18-3
Comment from ABAG
The City's liability insurance is provided through the ABAG insurance pool. Our ABAG
representative recommended that if the Scenic Circle gate is opened, the safest course would be to
make the route accessible and safe, especially since school children are involved.
RECOMMENDATION
Staff is requesting Council direction on how to proceed with this matter.
SUBMITTED BY:
~~
Marlc finder
Director, Parks and Recreation
APPROVED FOR SUBMISSION BY:
David W. Knapp
City Manager
4
18-4
EXHIBITS
BEGIN
HERE
~c i~jr~-(o~
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Grace Schmidt
From: Mark Linder
Sent: Monday, December 14, 2009 9:11 AM
To: City Clerk
Subject: FW: Scenic Circle gate
From: Kim Fisher [mailto:kimfisher9@gmail.com]
Sent: Sunday, December 13, 2009 3:52 PM
To: Mark Linder
Subject: Scenic Circle gate
I just wanted to voice my support for reopening the Scenic: Circle gate. As the parent of a special needs student
who attends Monta Vista High School, I don't feel comfortable with the current options for her to walk or ride
her bike to school. The traffic situation on McClellan is horrendous and unsafe. It makes no sense for a few
residents of Scenic Circle who have unreasonable fears a1^~out trespassers to prevent access to a far safer and
more convenient route to school for our kids.
Thank you,
Kim Fisher
10122 Adelheid Court
(The Meadows of Cupertino)
P.S. I also wanted to point out that the Meadows homeowners association is not in agreement about the
Stocklmeier orchard and proposed bike/walking path. A few vocal members are opposed to improving the
orchard in any way -- they do not speak for the majority of us who would like to see a park and community
access.
~l~
Linda Lagergren
From:
Sent:
To:
Cc:
Subject:
Phillip P. & Anne E.
22380 Palm Ave.
Cupertino, Ca 95014
408-252-9001
December 12, 2009
Phil [phil@ambergrass.com)
Saturday, December 12, 2009 5:30 PM
Kris Wang
Gilbert Wong; Orrin Mahoney; Mark Santoro; Barry Chang
Sec
Pflager
Cupertino City Hall
10300 Torre Avenue
Cupertino, CA 95014-3202
Honorable Mayor and Council members,
It is essential to open the gate at Scenic Circle to allow safe access to Blackberry Farm for
children traveling to and from school from the west side of Stevens Creek. In addition,
residents of the neighboring Monta Vista area, west of Stevens Creek should not be denied
this safe and convenient access to the city park, Blackberry Farm and the Stevens Creek
Trail.
There are issues that the residents of Scenic Circle have brought up that must be addressed
but those residents must acknowledge that all of us living in Cupertino share similar issues.
Scenic Circle is part of the Cupertino community and is not a gated community and the gate to
Blackberry Farm at Scenic Circle should be opened.
We urge you to vote to open the gate at Scenic Circle so citizens residing west of Stevens
Creek can be afforded safe nassaee to the public nronerty we share.
Yours Truly,
Phillip P. & Anne E. Pflager
(~- Its-~~9
Linda La er ren ~l ~
From: Tom Scannell [tscanne1101@earthlink.net]
Sent: Saturday, December 12, 2009 9:41 AM
To: City Council; Barry Chang; Mark Lir~der; saferidescupertino@gmail.com
Subject: Bicycle and pedestrian access through Blackberry to Kennedy and Monta Vista
To the members of the City Council of Cupertino
I understand that the City Council will be considering the opening of a gate in Scenic Circle to allow safe access to
Blackberry farm for the young people making their way to Kennedy Junior High and Monta Vista High. While my
schedule will not allow me to attend the City Council meeting on Tuesday, I would once again like to express my
support for this plan. As I mentioned in my earlier a-mail (below), I think a small pedestrian /bicycle gate in Scenic
Circle would be the natural, safer and easier route for the kids making their way from the west end of town to these
schools.
I would also like to support the access being open other than school hours. The restored Blackberry farm and its
access through McClellan park is really a great addition to the City. I have incorporated the current path through
Blackberry farm on my weekend "loop" walks through the neighborhoods and would appreciate the opportunity to
include Scenic Circle route in my walk. It is a bit of a sad seeing the blocked off "bridge to nowhere" near the
children's playground. It would be super if a path in Blackberry with access to Scenic Circle would also be made
available to us walkers.
I acknowledge the concerns of my neighbors on Scenic Circle regarding trash and "off-hours" partying in Blackberry
Farm. These problems have existed for years and come whenever private homes are near public sites. I'm hoping
that, amongst neighbors of good will, the opening of a small ~~ate allowing pedestrian and cycling access can be
dealt with.
Best regards
Tom Scannell
10208 Cass Place
Cupertino, CA 95014
On 11/27/09 12:38 PM, "Tom Scannell" <tscanne1101Ca~earthlink.net> wrote:
Hello
My name is Tom Scannell and I live at 10208 Cass Place in Cupertino. I have lived here for 25 years and Cupertino
for 30 years.
It has recently been brought to my attention that the City Council will be considering a petition at the November 30
City Council meeting regarding pedestrian/bicycle access through Scenic Boulevard/Scenic Circle to Blackberry
Farm and onto Kennedy Junior High and Monta Vista High ~3chool.
I want to let the City Council know that I fully support the formation of this task force and I am in favor of opening
such a trail. My son is a graduate of Stevens Creek, Kenned~r and Monta Vista. While he was attending Kennedy
and Monta Vista my wife and I encouraged him (and all his friends) to use the then "unofficial access" through
Blackberry rather than risking his safety riding his bike down the very heavily trafficked McClellan road. I know many
other parents at our end of town also encouraged this practice. I was disappointed, but understood, when the
"unofficial" access was lost during the Blackberry restoration.
Now that the restoration is complete, I would like to support the opening of "official" access for the safety and
convenience of the kids at this end of town.
As a weekend walker I would also appreciate the opportunity to gain access to the newly restored Blackberry farm
from Scenic. Once the other end of the Blackberry park is opened at Stevens Creek I think the path through the park
to both McClellan and Scenic will make for a good circuit!
With all this said, I fully appreciate the concerns that my neighbors on Scenic Blvd/Scenic Circle may have about
public access through their neighborhood. I understand many of them were relieved when the access was closed. I
am hoping that this task force can address both access and my neighbor's concerns. I am sure there must a
reasonable accommodation that can be reached with good Nrill on both sides.
Tom Scannell
(~-. j (.3-~~ ~
Linda Lagergren ~'«
From: Feldman Rich [richard.feldman@atl:.net]
Sent: Sunday, December 13, 2009 12:18 PM
To: mark1@cupertino.org; Cupertino City Manager's Office; City Council;
saferridescupertino@gmail.com; Feldman Rich
Subject: Support Safe Biking to School
To the Council,
I live right by the proposed access point that is~ currently not open. We have traffic on our
street like any other. The fact a few individuals can keep a whole community at bay by not
allowing access via this gate is appalling. Our children (3 now as of last week) will need
this access as well as myself. I run and hate going down McClellan Blvd as people and high
school students race up the hill that can be avoided.
Please let the peoples voice be heard and mandates this gate be opened once and for all. In
my 15 years living hear I have never been able to get across this path.
regards,
Rich Feldman
10493 Mira Vista Road
Cupertino, Ca 95014
1
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~~ ~S
Linda Lagergren
From: Kim Fisher [kimfisher9@gmail.com:l
Sent: Sunday, December 13, 2009 3:51 F'M
To: City Council
Subject: Scenic Circle gate
I just wanted to voice my support for reopening the Scenic Circle gate. As the parent of a special needs student
who attends Monta Vista High School, I don't feel comfortable with the current options for her to walk or ride
her bike to school. The traffic situation on McClellan is horrendous and unsafe. It makes no sense for a few
residents of Scenic Circle who have unreasonable fears about trespassers to prevent access to a far safer and
more convenient route to school for our kids.
Thank you,
Kim Fisher
10122 Adelheid Court
(The Meadows of Cupertino)
P.S. I also wanted to point out that the Meadows homeowners association is not in agreement about the
Stocklmeier orchard and proposed bike/walking path. A few vocal members are opposed to improving the
orchard in any way -- they do not speak for the majority of'us who would like to see a park and community
access.
Linda Lagergren ~~~
From: Hugh Chen [hchen123@yahoo.corri]
Sent: Sunday, December 13, 2009 5:20 F'M
To: City Council; Mark Linder; Cupertino City Manager's Office; saferidescupertino@gmail.com
Cc: Carol Stanek
Subject: A city policy is Eco-hazadous
The city spent millions tax dollars to upgrade the Blackberry Farm for the residents to enjoy
the outdoor beauty. But a stretch of fence was erected at Rivera Rd and half of Scenic Circle
effectively denied the neighbors to access the perk from west side.
More serious Eco-condition may develop gradually. The city planners failed to consider the
habitate of our treasured residents, the deers, ti~hen the fence was installed in early Summer.
The Scenic Circle is my morning walk for over a decade therefore I sensed the differences of
deer activities before and after the fence.
1. The length of new fence was more than double the old (removed) one and
covered a wide patch from the curbside of street on. This cornered the
entire plush tall trees/shrubs area where the deers used to roam
around. None was sight in this area after the fence was up, except
at McClellan Ranch side
2. In my own eyewitnes in Summer. A frightened mother deer was running up
and down tried relentlessly to ram the head a@;ainst the fence, so she
could lead the 2 babies into the safe woody area. Several people were
watching helplessly in distant. The sight and scream were really
heart wretching.
Please re-evaluate the purpose of the fence from our friendly ANIMAL point. It serves none or
little value to keep residents off the premises.
It's unfair and impartial policy for city to deny the easy access to a public park withoug
reasonable justification.
Hugh Chen
22361 McClellan Rd, Cueprtino CA 95014
408-255-9718
1
(zf~s~~~9
Linda Lagergren ~~~
From: James Robenolt [tstms2000@hotmail.com]
Sent: Sunday, December 13, 2009 9:10 F'M
To: City Council; Mark Linder; Cupertirn~ City Manager's Office
Subject: Re-opening of the gate at Scenic to Blackberry Farm
Ladies and Gentlemen of the Cupertino city council,
As a long time resident of the city of Cupertino I know flow dangerous McClellan road can be for students
making there way to school. I highly recommend re-opening the locked gate allowing access to
Blackberry Farm and the bridge over Stevens Creek for the following reasons:
1) This route would reopen a safer alternative for students to ride their bikes from our neighborhood
to Monta Vista High School and Kennedy Middle school. Students could ride from Palm to Scenic
Circle (turn right at the end of Palm), through the pa~k to San Fernando and down Byrne to the high
school. They could completely avoid riding down Mc~~lellan which is steep, has high traffic and no
bikes lanes at some parts. It would be safer for us to drive on McClellan because we would not have
to dodge as many students on bikes.
2) Our neighborhood deserves to be able to walk or ride bikes to this beautifully renovated park
without driving to a main entrance on McClellan or Stevens Creek. The park is now or is planned to
be open on 3 out of 4 sides. Only the west side, our side, is cut off from direct access to the park.
Our tax dollars went into this renovation so we shoul~~ have access. Those of us with little kids would
be able to take them to the newly constructed childrE~n's park at Blackberry without having to drive
them over. In the summer, we could walk over to enjoy the public swimming pool.
3) Park rangers will be on hand to open and close the gate in the morning and evening. With
enough student and neighbor usage, safety of the Trail will be enhanced.
4) This bike and pedestrian usage should not increa~;e vehicle traffic in the area because it is not a
vehicle entrance.
5) No revenue should be needed to perform this one task. The bridge already exists and park rangers time would not be
significantly impacted.
The Monta Vista PTSA and the Kennedy PTA have endorsed this re-opening of the gate. Please join them in helping
make Cupertino a safer place for our children to access education.
Best regards,
James Robenolt
1
(z Ir sl~q
~- ~~
Linda Lagergren
From: Suman Cherukuri [suman@cherukuris.net]
Sent: Sunday, December 13, 2009 10:20 PM
To: City Council; Mark Linder; Cupertino City Manager's Office
Subject: Re-opening of the gate at Scenic to Blackberry
We live at 22487 Palm Ave, Cupertino. We strongly support opening this gate.
Thanks,
--Suman
~~ ~~
Linda Lagergren
From: Mary [minow@librarylaw.com]
Sent: Sunday, December 13, 2009 10:53 PM
To: Mary Minow
Cc: City Council; Mark Linder; Cupertino City Manager's Office
Subject: Gate at Scenic to Blackberry Farm
I am a resident of Cupertino. I live near the hairpin turn on McClellan. I am very much in
favor of opening an alternative route for the children in the neighborhood that is safer.
We should not wait for a tragic accident to propel us to spend the money required to give
them this safer, viable route.
R
t2lcsfa~
Linda Lagergren ~ ~ y
From: Craig DeNoce [cdenoce2001 @yahoo.com]
Sent: Monday, December 14, 2009 2:04 i~M
To: City Council; Mark Linder; Cupertin~~ City Manager's Office; saferidescupertino@gmail.com
Cc: Mary DeNoce; Wynne & John Dobyns
Subject: OPEN THE GATE FROM SCENIC TO BLACKBERRY FARM PARK to keep kids safer
Hi,
I'm glad to hear the City Council has agreed to discuss reopening the gate from Scenic Circle to Blackberry
Farm Park - to be discussed 12/15. I have a high schooler rind add to car traffic there every day since I'm
concerned bike riding on the narrow McClellan section is just too dangerous a route.
As a neighborhood, here are the reasons we should support this proposal:
1) This route would reopen a safer alternative for students to ride their bikes from our neighborhood to Monta
Vista High School and Kennedy Middle school. Students could ride from Palm to Scenic, through the park to
San Fernando and down Byrne to the high school. They a~uld completely avoid riding down McClellan which
is steep, has high traffic and no bikes lanes at some parts. It would be safer for us to drive on McClellan
because we would not have to dodge as many students on bikes.
2) Our neighborhood deserves to be able to walk or ride bikes to this beautifully renovated park without driving
to a main entrance on McClellan or Stevens Creek. The p~irk is now or is planned to be open on 3 out of 4
sides. Only the west side, our side, is cut off from direct a~~cess to the park. One of the primary goals of the
renovation of the park was to increase Cupertino residenti~il usage. And yet we remain the only side that is
blocked. Our tax dollars went into this renovation so we should have access. It should not just be there for the
private viewing pleasure of the immediate neighbors.
3) Park rangers will be on hand to open and close the gate in the morning and evening. With enough student
and neighbor usage, safety of the Trail will be enhanced.
4) This bike and pedestrian usage should not increase vehicle traffic in the area because it is not a vehicle
entrance.
The Monta Vista PTSA and the Kennedy PTA have endor:~ed this re-opening of the gate.
There are quite a few high Monta Vista and Kennedy children in our area that would benefit by re-opening this
gate.
Thanks for your consideration.
Craig & Mary DeNoce
~zlisl~i
~~
Linda Lagergren
From: Christian PENNEC [chris_pennecCyahoo.com]
Sent: Monday, December 14, 2009 8:44 FPM
To: City Council; Mark Linder; Cupertino City Manager's Office; saferidescupertino@gmail.com
Subject: Opening the Gate from Scenic to Blackberry Farm Park
Hi,
As a parent of 2 children going to, and about to go to, Kennedy Middle and Monta Vista High,
support the opening though the park, for the sake of :>afety of students walking and biking.
For western residents, the current route through McClelland is steep and not adequately safe.
Thank you
Christian Pennec - 10099 Ridgeway Dr -Cupertino
Izlcs~o~
Linda Lagergren ~~~
From: srilakshmi sitaraman [s_sitaraman(~yahoo.com]
Sent: Monday, December 14, 2009 10:33 AM
To: City Council
Cc: s_sitaraman@yahoo.com
Subject: Providing access to Blackberry farm and Stevens Creek corridor from Scenic circle
Dear Council member and Staff,
As a resident of Cupertino on Palo vista road; I would like to strongly endorse providing
access to B1ackBerry farm and Stevens Creek corridor from Scenic Circle so that
kids can have a safe route to bike or walk to the middle school and high school.
We drive via McClellan everyday and find it to be very unsafe for kids to walk down or
bike down to school at several streches where there are no bike lanes, sharp turns and
narrow lanes.
With 2 school going kids, enabling them to get to school via a safe route would not only
reduce the traffic around these schools, also give us parents peace of mind that our
kids are independant and safe in getting to school.
Thank you.
Sincerly
Srilakshmi and Mohan Sankaran
(~,
Linda Lagergren
From: Lola Kashyap [lolakashyap@gmail.~;om]
Sent: Monday, December 14, 2009 10:51 AM
To: City Council; Mark Linder; Cupertino City Manager's Office
Subject: Reopening Scenic Circle gate
I would like to thank you for recognizing the urgency of finding a safe bike/walk route to our local schools from
the westside.
Apart from the current routes via Stevens Creek or McClellan, it appears that there really are only two other
choices for our students...through the Simms property or, try reopening the gate at Scenic Circle. The Simms
route is really not much of a choice because it would signi~~cantly increase the distance to school. Students
would essentially be tripling back, going south through th~~ Simms property out to McClellan, doubling back
going north on a meandering trail to the main entrance of Ilackberry farm, and back south again on Byrne. If
you were a student on a bike, would you like to do that? Or would you continue to use the more direct route on
McClellan, risking life and limb getting to school?
The gate at Scenic Circle offers the safest, shortest, best route to school. With the reopening of Blackberry farm
we now have employees who can monitor the gate and the students in the park. I understand that people who
live in the vicinity of the gate may have concerns about potential problems such as littering but there are
programs that the city offers that can address these concerns. They could organize themselves in a
Neighborhood Watch to help look out for each other. Or they could participate in the city's Block program to
improve communication in the neighborhood.
Personally, I have worried plenty for the past 7 years as m:/ daughters biked/walked to Kennedy and Monta
Vista on McClellan Road. We have witnessed far too mama close calls between students and cars. My younger
daughter bumped into a car her freshman year when a passenger stuck traffic decided suddenly to fling open
their door and walk the rest of the way to school. I strongl}~ urge you to keep in mind the safety concerns of
hundreds of parents and students and vote to open the gate at Scenic Circle. This is the best way to give students
the most direct, safest bike/walk route to school.
Regards,
I _~I.~ i~,..!~~, ~;~~~
_~_ ~r,~; i' ., ,, w~ ~~;lil~~
l 11}'~~'t~ilil~~
(z (~rl U ~
Linda Lagergren ~~
From: Natalie Duffy [nataliekduffy@gmail. com]
Sent: Monday, December 14, 2009 10:58 AM
To: mark1 @cupertino.org
Cc: City Council
Subject: Supporting safe biking to school
Dear Mark,
As a mother of two school-age children and as a concerned citizen, I am writing to express my support for
providing an alternate bike path by opening an existing gate on Scenic Circle to allow students to bike to and
from school via residential neighborhoods and Blackberry Farm.
I understand that a few affected neighbors have concerns about children passing through neighboring public
lands but given a safer passage, many children would be able to avoid being driven to and from school through
congested roadways alleviating traffic on main thoroughfares such as McClellan and Stevens Creek (a
presumed municipal goal) and as a result, benefit the greater good.
I also think the compromise of limiting gate opening to school hours (and providing security during those
hours) would fairly offset any concerns about potential nuisance.
The high quality of Cupertino schools is a great draw for the community and by supporting the safety of
students, the city would, in a very tangible manner, strengthen its commitment to providing a wholesome and
safe environment for families.
We very much appreciate all the wonderful improvements around Blackberry Farm and believe that having bike
paths will greatly add to the experience.
Thanks, Mark!
Sincerely,
Natalie
Natalie Duffy, Independent Agent
License 0728576
Mailing: PO Box 1272
Cupertino, CA 95015
21580 Stevens Creek Blvd., Suite 205
Cupertino, CA 95014
(408)889-3891
(707) 929-8749 Fax
www.ouotehealthinsuranceaaencv.com
Heath uotes and advice to protect your life
iX
~, ~i.d ". ,, r..'.. i. _.. Ciel II 170W
(Z~r;r~o9
Linda La er ren ~ ~ ~
From: f.vernon@sbcglobal.net
Sent: Monday, December 14, 2009 11:52 AM
To: City Council; mark1 @cupertino.org; Cupertino City Manager's Office;
saferidescupertino@gmail.com
Subject: Safe biking and the Gate
My wife and I support the opening of the gate located off ~icenic Circle. Many years ago, our daughter went to
school this way when there was a log over the creek and n~~ fence. This keep her out of the traffic on McCellan
Rd.. When school lets out, this road becomes quite hazardous - I always avoid it at that time while on my
walks. In closing we would like to say, please open the gate for the kids.
Frank & June Vernon
10228 Mira Vista Rd.
Cupertino
(` (~ s(o ~
Linda Lagergren ~~ ~
_ From: Tina Manickam [tinamanickam@yahoo.com]
Sent: Monday, December 14, 2009 11:59 AM
To: City Council; Mark Linder; Cupertino City Manager's Office; saferidescupertino@gmail.com
Cc: Mani Manickam
Subject: Opening the Gate from Scenic to Blackberry Farm Park
Dear Members of the Cupertino City Council, and managers for the City of Cupertino,
I would like to support the opening of the Blackberry Farrri park gate in support of safe biking/walking for the
students of Kennedy and Monta Vista Schools.
I have two kids that bike to/from Kennedy and Monta Vista Schools, and am always worried about the
dangerous steep curve near the golf course on McClellan. l:t is hard for the kids as well as the motorists using
this route. Often, the kids get off their bikes to climb up th~~ hill and get on the road in the process, and the cars
go by really fast. Given the poor visibility, dark dense vegc;tation, and lack of proper lanes from either direction
all along McClellan puts everyone in a dangerous state.
Please give due consideration to the proposal and help cre~cte an alternate to this unsafe situation. Thank you for
all you do to help the City of Cupertino to be a much sought after place to live.
Cheers,
-Tina Manickam
De Anza Oaks
408-777-9295
i z ((.x(09
~(Y
Linda Lagergren
From: Praveen Dua [Praveen.Dua@Atheros.com]
Sent: Monday, December 14, 2009 2:26 F'M
To: Ciry Council; Mark Linder; Cupertino Ciry Manager's Office; saferidescupertino@gmail.com
Subject: opening the gate from Scenic to Bl~~ckberry farm park
Guardians of Cupertino,
I would like to voice my sincere support behind this initiative - it will be a great benefit to our children who ride to school
from DeAnza Oaks to Kennedy. We always worry about them riding on McLellan slope - it is hard for the kids on the bike
as well as the drivers on the road. Opening this park will make i1: considerably easier for both
Please make this happen.
Thank yu
Sincerely,
Praveen
Linda Lagergren ~~~
From: Malle Lantz [omalleo@yahoo.comJ
Sent: Monday, December 14, 2009 3:26 F'M
To: City Council
Subject: Please open gate for safety
Dear council members:
Please seriously consider opening the Blackberry Farm Gate so students can walk and bike
safely to school. It is the right thing to do.
I recall when my boys were students at the high school and 7r. High, they always used this
route.
Sincerely,
Malle Freudig Lantz 10419 Palo Vista Rd
1
/ZI cs(c9
~~ ~
Linda Lagergren
From: Leon Burda [leonburda@comcast.net]
Sent: Monday, December 14, 2009 11:38 PM
To: City Council; Mark Linder; Cupertino City Manager's Office; saferidescupertino@gmail.com
Subject: We strongly support reopening the gate from Scenic Circle to Blackberry Farm Park
We strongly support reopening the gate from Scenic Circle to Blackberry Farm Park.
Thanks,
Leon and Alla Burda
22206 Quinterno Ct.,
Cupertino, CA 95014
408 828 4162
~-~ ~
Linda Lagergren
From: James Kahng [halptry@gmail.com~
Sent: Monday, December 14, 2009 8:34 PM
To: City Council; Mark Linder; Cupertino City Manager's Office; saferidescupertino@gmail.com
Subject: Opening Scenic to Blackberry Farm
Dear Councilmembers,
I am writing in regards to the Council agenda on opening the route from Scenic to Blackberry Farm. As an
alumni of Morita Vista High, I know how beneficial this v~ould be for the many students who bike and walk to
school everyday. Instead of walking the inconvenient rout;, through McClellan, these walkers and bikers would
be able to walk through to the other side, cutting time and reducing the dangers of riding bikes through
McClellan, with its incomplete sidewalk and car traffic.
While I did get a ride to school everyday, I know that if I knew this option were available to me while I was in
Morita Vista, I would definitely be encouraged to walk to ;school and I know many students who would feel the
same. Over the next few years, I can see numbers of people walking and riding to school increasing, reducing
traffic to school and encouraging exercise. Reduced traffic will reduce headaches for the drivers stuck in drop-
off traffic.
I can see many benefits opening the route and I think the fears are unfounded because there are really no
problems with existing parks and spaces and the safety of students in this route should equal that of them
walking on any route.
Thank you,
James Kahng
(zI ~rl~
=~~d
Linda Lagergren
From: Zimmers, Karen [karen.zimmers@Imco.com]
Sent: Monday, December 14, 2009 6:44 f'M
To: City Council; Mark Linder; Cupertin~~ City Manager's Office; saferidescupertino@gmail.com
Subject: Safe Route: Scenic Circle Gate
Dear Council Members,
I understand there is opposition from the neighborhood at Scenic Circle to opening the gate at Scenic Circle due to the
fear of "wild parties", trash, etc. If this path would provide a s~ifer route for our children, couldn't we at least try to
open the pathway for a trial period? Isn't the possibility of saving one child worth the time to investigate this safer
route?
I won't be able to make the council meeting tomorrow evenin@;, but I would like you to know that I support the request
to re-open the gate at Scenic Circle as an alternate, safer route for the children in my neighborhood.
Thank you for listening, your consideration and your represent~3tion of the residents of Cupertino,
Karen Zimmers
(ZI«(ay'
Linda Lagergren ~~~
From: Amy Kahng [amy_kahng@yahoo.comJ
Sent: Monday, December 14, 2009 8:02 f~M
To: City Council
Subject: Blackberry pathway
To whom it may concern,
Hello, my name is Amy Kahng and I am a sophomore at I~lonta Vista High School. I don't like walking to
school regularly because of the difficult path I have to take. Because of all the nice renovations that have
happened at Blackberry farm, if a pathway were to be ope~ied, I would be more willing to walk to school which
could help the traffic that happens before school. It also scares me when my mom is driving me to school and I
see other children biking down the same street with little r~~om and no bike lane.
If the pathway were to be opened, it wold be better for everyone.
Linda Lagergren ~~~
From: Anvesh Gundlapalli [anvesh95@gmail.comj
Sent: Monday, December 14, 2009 3:46 PM
To: City Council
Cc: saferidescupertino@gmail.com
Subject: Bike Route
Hi!
I am sending this email regards to the consideration of opening a bike route through Blackberry Farm.
I would like to say that I am in favor of this proposal.
Anvesh Gundlapalli
l~ ('rte coq
Linda Lagergren ~ ~~
From: briana zimmers [briana.zimmers@gmail.com]
Sent: Monday, December 14, 2009 6:33 F'M
To: City Council; Mark Linder; Cupertin~~ City Manager's Office; saferidescupertino@gmail.com
Subject: Scenic Circle Bike Route
Hello,
My name is Briana Zimmers, and I am currently a junior at Monta Vista High School. I am just writing to let
you know that I am in full support of opening a route through Blackberry farm via Scenic Circle. Unfortunately
due to a very busy finals schedule, I will not be able to attend tomorrow's city council meeting to show my
support. Please consider my request to re-open the Scenic Circle gate for a safer route to school.
Thank you
~' ~~ rlv ~
Linda Lagergren ~~ ~
From: Kumar Sangareddi [kumarjaya@yahoo.comJ
Sent: Monday, December 14, 2009 9:25 I'M
To: City Council; Mark Linder; Cupertirn~ City Manager's Office
Cc: hiJaya@yahoo.com
Subject: Re: oening the blackberry farm gate'
Hi,
We live on 10334 Palo Vista Road in Cupertino. I'm writing to you with reference to the
proposal to re-open the blackberry farm gate.
We strongly support this move for 2 reasons:
1. Gives easy access to the children's play area in blackberry farm without having to use
high traffic road such as mclellan road, or having to cross foot hill blvd to go to Monta
Vista Park.
2. It'll make it much more safer for our kids to bike to Kennedy middle and Monta Vista High.
If you've any questions, please feel free to email us or call us at 408 725 8379.
Sincerely,
Kumar and Jaya.
1
(zlfS~~O~
~(~
Linda Lagergren
From: Karen Mecker [karen.mecker@gmail.com]
Sent: Tuesday, December 15, 2009 7:24 AM
To: City Council
Subject: Re-opening of gate at scenic to blackberry
I support the re-opening of the gate at Scenic to Blackberry as it will make it possible for my kids to bike to
school. I do not allow my kids to bike down to school due to safety concerns.
Regards,
Karen Mecker
10225 carmen road Cupertino
I ~ Ir s~w 9
~~~
Linda Lagergren
From: Suman Ganapathy [sumanmitraga~~apathy@gmail.com]
Sent: Tuesday, December 15, 2009 8:46 AM
To: saferidescupertino@gmail.com; M<~rk Linder; Barry Chang; City Council
Subject: In Support of providing access to Blackberry Farm and Stevens Creek Corridor Trail from
Scenic Circle.
Dear Cupertino Council members,
Wishing you a wonderful holiday season!
On behalf of our 1332 Monta Vista High School PTSA members comprising students, staff and parents, and
also the rest of our school community, I wanted to express; our support of providing access to Blackberry farm
and Stevens Creek Corridor Trail from Scenic circle by re~apening the gate, to enable more students from the
vicinity to bike safely to school, and thus ease the traffic on McClelan and Stevens Creek.
Unfortunately, this is finals week for our students, and I'm not sure how many can make it to the meeting
tonight, but they did want to express support of the idea too.:) Keeping our fingers crossed for tonight...thank
you so much, once again, for putting it on the agenda.
Thanks so much,
Sincerely,
Suman Ganapathy :)
Monta Vista PTSA President
(2 ~IS(p~
Linda Lagergren ~ ~~
From: Taruna Arora [tarunabarora@yahoa.com]
Sent: Tuesday, December 15, 2009 9:42 AM
To: City Council
Subject: opening of gate
Dear Cupertino Council members,
Wishing you a wonderful holiday season!
I have a senior in Monta Vista and a 8th grader, and I drive them to school everyday. I would wish
they can walk to school. On behalf of our 1332 Mont~~ Vista High School PTSA members comprising
students, staff and parents, and also the rest of our school community, I wanted to express our
support of providing access to Blackberry farm and Stevens Creek Corridor Trail from Scenic circle by
reopening the gate, to enable more students from thE~ vicinity to bike safely to school, and thus ease
the traffic on McClelan and Stevens Creek.
Unfortunately, this is finals week for our students, anti I'm not sure how many can make it to the
meeting tonight, but they did want to express support: of the idea too.:) Keeping our fingers crossed
for tonight...thank you so much, once again, for putting it on the agenda.
Thanks so much,
Taruna Arora
/Zlcr~e~
Linda Lagergren ~~ ~
From: Meg [megfkay@gmail.com]
Sent: Tuesday, December 15, 2009 9:52 AM
To: saferidescupertino@gmail.com; Mirk Linder; Barry Chang; City Council
Subject: I SUPPORT access from Scenic C rcle (AND Steven's Creek) to Blackberry Farm
Dear Council Members,
Asa 12-year resident of San Fernando Court, near the main entrance to Blackberry Farm, I can say that.access to the
park has been a POSITIVE and WELCOME BENEFIT to our nE~ighborhood, and greatly influenced my original decision to
move here. I ask our neighbors on the other side, in the Scenic Circle neighborhood, to join us in forming a community
united by our park, so we can get out of our cars, meet our neighbors, connect with nature, and walk to friends' houses
and WALK OR BIKE TO SCHOOL. Just like the good old days when we were growing up!!
I'm looking forward to the day (soon, I hope), when there will be an entrance to the park from Steven's Creek Blvd. as
well, with a safe crossing there for pedestrians (an underpass ~n~ould be ideal).
Sincerely,
Meg Brosnan
I21 rr~G~~~
Linda Lagergren ~~
From: Valerie Do [do_valerie@yahoo.corri]
Sent: Tuesday, December 15, 2009 10:11 AM
To: saferidescupertino@gmail.com; M~~rk Linder; Barry Chang; City Council
Subject: access to Blackberry farm and Stevens Creek Corridor Trail
Dear Cupertino Council members,
Wishing you a wonderful holiday season!
On behalf of our 1332 Monta Vista High School PTS~A members comprising students, staff
and parents, and also the rest of our school community, I wanted to express our support of
providing access to Blackberry farm and Stevens Creek Corridor Trail from Scenic circle by
reopening the gate, to enable more students from the vicinity to bike safely to school, and thus
ease the traffic on McClelan and Stevens Creek.
Thanks so much,
Sincerely,
Valerie Do
Monta Vista High School Parent
Hotmail: Powerful Free email with security by Microsoft. Get it now.
Hotmail: Trusted email with powerful SPAM protection. ~3~p now.
_a _, __ _. _ __ __... _ . _ _. _ _
Hotmail: Trusted email with powerful SPAM protection. ,3ign up now.
l:- I Arlo ~~
Linda Laaeraren ~~ `~
From: Ronda Hoxsie [rhoxsie@yahoo.com]
Sent: Tuesday, December 15, 2009 10:2:1 AM
To: City Council; Mark Linder; Cupertirn~ City Manager's Office; saferidescupertino@gmail.com
Subject: Scenic access thru Blackberry
Dear City Council members, City Manager & Safe Rides Cupertino staff,
PLEASE RE-OPEN the gate from Scenic Circle to Blackberry. This gate has provided access to the students of Lincoln, Kennedy
and Monta Vista for years.
It has also provided the local residents who live on Mira Vista, Palo V ista, Palm, Santa Paula, Janice, San Leandro and Carmen access
to the park from the west side.
Public Parks are not supposed to have fences and gates keeping u~~ from using them! My tax dollars went to pay for Blackberry
and my tax dollars continue to be used to maintain Blackberry.
Every morning I see students riding their bikes to school along Mira Vista to McClellan Road. I cringe watching these students having
to navigate not only the hills on McClellan but also having to deal with the cars that speed on McClellan. Nearly every day I witness
cars honking at the students to get out of their way and yet the bikes have every right to be on the road as the car. The parents (yes,
parents) in the cars taking their child (yes, one child) to school, shoulc'. be ticketed for honking at a student on a bike and have their
license taken away. How would they feel if their child was on a bike and was honked at by a car?
The closing of the gate in 2005 blocked students from getting to sch~~ol via this route and has pushed them onto McClellan and has
also blocked residents from accessing the park from the west side. Asking students to use the Simms property does not get the students
off of McClellan Road.
Access to public parks should not be blocked in order to benefit a few.
Sincerely,
Ronda Hoxsie
10545 Mira Vista Road
Cupertino, CA 95014
Linda Lagergren ~(
From: Tomya Sanford [tjssanford@yahoo com]
Sent: Tuesday, December 15, 2009 10:5~~ AM
To: City Council; mark1 @cupertino.org; Cupertino City Manager's Office;
saferidescupertino@gmail.com
Subject: Please -Alternate Bike Path Needed
To the City Council of Cupertino
The main arteries are the only crossings across the "gap" from West Cupertino to Kennedy, Monte Vista, and
Lincoln. These routes are the same the cars use.
It takes extra caution, thus extra risks to have children ride these thoroughfares. Cars in a hurry, and children on
bikes out in the road all at school rush hour.
We would not have to drive and add another car to the congestion. We do drive, because we see how the other
cars drive around the turns and hills of McClellan, and we see the business of Stevens Creek.
It is much better for children to develop the independence of biking, gaining health benefits, and connection to
their neighborhood by biking to school, while decreasing cars on the road.
We would welcome an alternate path to aid the bikers, and re-route them, and would feel better for our children
to bike to school, with the assistance of not running today':; McClellan and Stevens Creek route.
Tom & Rhina Sanford
~~I~r~~~
Linda Lagergren ~~ ~
From: Nagendra Cherukupalli [ncheru@y,~hoo.com]
Sent: Tuesday, December 15, 2009 11:1 ~~ AM
To: saferidescupertino@gmail.com; M~~rk Linder; Barry Chang; City Council
Cc: pcheru@gmail.com; sumanmitraganapathy@gmail.com
Subject: Access to Blackberry Farm and Stevens Creek Corridor Trail from Scenic Circle
Dear Cupertino Council members,
As parents of a Monta Vista High School student, wE~ would like to strongly support the need to
provide access to Blackberry Farm and Stevens Creek Corridor Trail from Scenic Circle by reopening
the gate, to enable more students from the vicinity to bike safely to school, and thus ease the traffic
on McClelan and Stevens Creek. With all the talk about making the world GREEN, by providing this
access, we as a community will be doing a small parr in the global play.
Lets make Cupertino a model GREEN city.
Thank you.
regards,
-nagendra Cherukupalli & padma Cherukupalli
20961 Garden Gate Dr,
Cupertino, CA 95014
408-888-3486 (cell)
~( ~
Linda Lagergren
From: Helene Davis [helene@crewdavis.c:om]
Sent: Tuesday, December 15, 2009 11:113 AM
To: City Council; Mark Linder; Cupertirn~ City Manager's Office; saferidescupertino@gmail.com
Subject: Access to Blackberry Farm Via Scenic
Dear Cupertino City Council Members, Cupertino Parks and Recreation Director, etc.,
I would like to express my support for opening up access to Blackberry Farm and the Stevens Creek
Corridor Trail from Scenic Circle. Reopening the gatE~ will allow more students from the vicinity to bike
safely to school and help to ease the traffic on McClellan and Stevens Creek. I can recall at least two
incidents in the last few years where a student on a k-ike was hit by a car while riding to school down
this portion of McClellan Road.
I hope you will reconsider opening the gate for the welfare of our students and for our community.
Regards,
Helene Davis
Cupertino Resident and Monta Vista Parent
~~ ~
Linda Lagergren
From: Amanda Hockley [amanda@hockle~y-crooks.com]
Sent: Tuesday, December 15, 2009 12:11 PM
To: saferidescupertino@gmail.com; Mirk Linder; Barry Chang; City Council
Subject: Supporting access to Blackberry F~~rm and Stevens Creek Corridor Trail from Scenic Circle.
Dear Cupertino Council members,
I am emailing to support the access to Blackberry farm and Stevens Creek Corridor Trail from Scenic
circle by reopening the gate, to enable more student:> to bike safely to school, and ease the traffic on
McClellan and Stevens Creek. I have read the arguments in the paper and although I can understand
the locals not wanting kids hanging around I also think this could be easily managed, and the benefits
far outweigh any criticism of the scheme.
In general the council will provide the benefit of both safer and `greener' commuting for the area.
Not only will it be a great boost to know students can bike safely to school but also fewer cars and
less pollution, and healthier kids.
It will also set a trend for the future if kids start to walls/bike more, thus reducing congestion in future
too.
There are wonderful cycle paths in the area so providing bike racks by school reception for visitors
would be a real bonus,
especially when the nature of school districts means that most parents live within biking distance.
When I bike to the school there is nowhere for me to chain my bike outside reception. I have the
same problem at Kennedy Middle School. '
I'm sure it would encourage more visitors to bike if they knew they could leave their bikes securely
right next to the main entrance.
really hope the access is supported. It would be a rE~al step back for Global Warming if simple
measures such as these aren't even taken.
Best wishes for the Holiday Season and to a Happier Healthier New Year.
Best regards
Amanda Hockley
Monta Vista High School Parent (whose son bikes to MVHS)
408 642 5338
1 ? I i ~%9
~~8
Linda Laaeraren
From: sharon.juang@ubs.com
Sent: Tuesday, December 15, 2009 2:04 PM
To: saferidescupertino@gmail.com; Mirk Linder; Barry Chang; City Council
Cc: huey.wang@ubs.com; redeyechiu(~gmail.com
Subject: Support of providing access to Blackberry Farm and Stevens Creek Corridor Trail from Scenic
Circle.
Sensitivity: Personal
Dear Cupertino Council members,
Wishing you a wonderful holiday season!
I wanted to express our support of providing accE~ss to Blackberry farm and Stevens Creek
Corridor Trail from Scenic circle by reopening tiie gate, to enable more students, such as my
two children and other kids in the neighborhood, from the vicinity to bike safely to school,
and thus ease the traffic on McClellan and Stevens Creek.
Unfortunately, this is finals week for our students and it will be very difficult for my kids
and neighbor's to make it to the meeting tonight, but they did want to express support of the
idea too. Thank you for putting this on the agenda and we hope this will be passed.
Thanks so much,
Sincerely,
Sharon 7uang
Parent of student at Monta Vista
Sharon 7uang
Senior Vice President - Investments
Private Wealth Advisor
Advisory & Brokerage Services
UBS Financial Services Inc.
Private Wealth Management Group
775 Page Mill Road
Palo Alto, CA 94304-1003
Direct: 650-496-7458 Fax: 650-496-7335 sharon.~uane(~ubs.com
Please do not transmit orders or instructions regarding a UBS account electronically,
including but not limited to a-mail, fax, text or instant messaging. The information provided
in this a-mail or any attachments is not an official transaction confirmation or account
statement. For your protection, do not include account numbers, Social Security numbers,
credit card numbers, passwords or other non-public information in your a-mail.
Because the information contained in this message may be privileged, confidential,
proprietary or otherwise protected from disclosure, please notify us immediately by replying
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UBS reserves the right to retain all messages. ME~ssages are protected and accessed only in
legally justified cases.
z
1zf~sl~y
Linda Lagergren ~~~
From: Susan Sievert [spsievert@gmail.com]
Sent: Tuesday, December 15, 2009 12:52 PM
To: Kris Wang; Gilbert Wong; Barry Chang; Orrin Mahoney; Mark Santoro
Cc: City Clerk
Subject: Written Communication, December 15, 2009, Agenda Item No. 18
Written Communication
Cupertino City Council Meeting /Tuesday, December 15, 2009
Agenda Item No. 18: Consider providing access to Blackberry Farm and the Stevens Creek Trail from
Scenic Circle.
Dear Mayor Wang, and City Council.
The installation of "any new bridge" crossing the Ste~rens Creek was required by law to go through a
separate "CEQA process" review, and the terms and conditions of the Department of Fish and Game's
(DFG) 1602 Streambed Alteration Agreement (Notific:ation #: 1600-2008-0383-3), dated September
8, 2008, reiterates this mandate. However, City staff has dismissed my repeated assertions, which I
began making some 4 months ago on August 10, 2009. The dismissal was complete with a
determination by a "former~~ employee, the City Attorney, "in consultation with staff," that argued a
Categorical Exemption under State Law applied to the new bridge staff installed.
However, the bridge installation did not receive a public hearing, and it is still unclear whether or not
our governing body, the City Council, was privy of st,~ff's determination to summarily dismiss
arguably one of the most sensitive environmental recauirements of the entire Stevens Creek Corridor
Park Master Plan and Restoration Plan Initial Study /Mitigated Negative Declaration, April 2006
(MND).
The City Manager's October 2, 2008 "Items of Interest for the City Council" notified the council of the
bridge installation, but failed to mention the MND, and failed to include an explanation of staff's
Categorical Exemption determination. After I queried the City Council regarding The Item of
Interest, the November 5, 2009 Planning Commission's agenda, including the Director of Community
Development's Staff Report referencing the Item of Interest, was removed from the City's Web site,
cupertino.org, with staff later explaining the agenda i~net a "software uploading glitch."
After successfully being uploaded for at least two days? I dare think not.
[URGENT POLICY AND PROCEDURE REQUEST: Our City Manger rarely, if ever, gives a public
Staff Report. I request that all past, present, and future "Items of Interest for the City Council"
produced by our City Manger, or any other staff merriber, be 100% TRANSPARENT -and made
available retroactively to the people in the form of a :staff Report that is entered into the public
record for all to see so that the people know exactly ~nrhat has been, and is being, determined for us
behind closed doors by our hired help.]
One of the conditions of the DFG Agreement is compliance with the MND: "Should any new
bridges be considered in the future other than vvhat is proposed in the Master Plan, they
would need to go through the permitting and CEQA process separately." (MND Project
Description 2.5.1, p. 2-16)
Since the 2006 Master Plan/MND is the only "CEQA process" of record, it is therefore irrefutable that
the installation of that bridge is a violation of both thc~ California Environmental Quality Act (CEQA),
and the DFG Agreement. Further, the DFG Agreement includes the following sobering warning: "Any
violations of the terms of this Agreement may r~asult in the project being stopped, a
citation being issued, or charges being filed with the District Attorney." _
The DFG Agreement's application, dated August 19, :2008, also cautions that if "the project
described in this notification has already begun, Iand/or the applicant may be subjected
to civil and criminal prosecution," with SeptembE~r 9, 2008 listed as the start date. However, the
required commencement date is in direct conflict witln staff's "July 23, 2008 Notice of Construction
Activity,° purportedly "hand-delivered" to the residents of Scenic Circle, and is the same notice
referenced in the December 15, 2009 Item No. 18 Staff Report indicating "the neighboring
community was notified" concerning the removal of the temporary wooden bridge that had been
installed, according the former Director of Parks and Recreation, "without a permit," and the
installation of a new bridge: 'This work will commence on Wednesday, July 30, 2008" -which is
more than one month before the project was legally permitted to commence pursuant to
the DFG Agreement.
[URGENT POLICY AND PROCEDURE REQUEST: ~/e are in desperate need of a lawful policy for
noticing the people. For example, it is ILLEGAL to pui: something in or on a mailbox without postage
- yet this City practice happened in my neighborhood just last week (December 8, 2009). Further,
there appears to be absolutely no accountability as t~~ whether or not notices were issued; it is simply
staff's word vs. the people's word (staff: "maybe the post office lost them," or "I don't know why
some never received it," to quote but two explanations.). This chronic source of mistrust between
staff and the people is unhealthy, and must be remedied. Perhaps an independent clearinghouse
that formally tracks notices is the solution. Better still, the installation of a Policy and Services
Committee, patterned after the City of Palo Alto.]
The Item No. 18 Staff Report also instructs, "...East side -Ramp, stairs & bridge modifications
... the construction would have to occur during 'the period of time that respects the
environmental constraints that were in effect for the Phase 1A work." However, staff has
failed to include the legally binding construction end date that respects the DFG Agreement: October
31, 2008.
Finally, basic commonsense suggests that installing ~i creek crossing, bicycle and pedestrian
footbridge, and opening a brand new neighborhood access point to and from a regional trail amenity
via that bridge would require a review of the potenti~~l environmental impacts (Traffic. Parking. Public
safety. Feasible alternatives, etc.) This is, after all, an extension of the same Stevens Creek Trail
that was widely reported on December 7, 2009 to have a history of sexual assaults/attempted
kidnapping in the City of Mountain View. A process that includes, but is not limited to, having the
potential for codifying legally binding mitigation measures that would bring peace of mind to my
neighbors across the creek does not seem like an unreasonable accommodation (e.g., increased
Sheriff patrols).
Susan Sievert
Monta Vista/Cupertino, CA 95014
Cc: City Clerk, please include this email in your Written Communications for the Cupertino City
Council Meeting /Tuesday, December 15, 2009. Thank you.
f ~~ j Oslo r
#~~
Linda Lagergren
From: Nick Wong [fullycharged100@gmail.com]
Sent: Tuesday, December 15, 2009 2:59 PM
To: City Council; Mark Linder; Cupertino City Manager's Office; saferidescupertino@gmail.com;
carolwong8118@g mail. com
Subject: Scenic Gate Issue
Dear City Council and whomever else it may concern,
After reading over the meeting agenda on tonight's meeting, I became curious on some things pertaining to item
18, the decision on whether or not to open the gate for sch~~ol transportation. Apparently this action is going to
cost the city an excess of $100000, a large sum of money. I would like to reiterate some of the points I made in
my previous email on the cons of opening the gate in our Yieighborhood. Unlike McClellan Blvd., Scenic Circle
and the network of roads around it was not built for heavy traffic. It is narrow, cars are parked on the street, and
is chock full of blind spots for vehicles and pedestrians. Although the McClellan hill is known to be somewhat
dangerous to bikers, the entrance to Scenic Circle can be iii a way, even more so. The bend that enters scenic
circle from Scenic Blvd or Palm Ave. is a very serious blind spot for vehicles and bikes entering AND exiting
the circle. If the gate is opened, traffic in this location will no doubt escalate. Think of the safety risks this
would cause. As a driver, I am aware that as I exit the circle, I am completely unable to see bikes and other
vehicles coming down the hill. Likewise, bikers, until i turn into the hill, are completely unable to see me. If
anyone decided to bike on the wrong side of the road (we're kids, we're the ones who will be using this entrance
the most, who knows what we can do) and a car was exiting the circle at the same time, nothing will stop a
serious accident from happening; something that seems to be less likely on McClellan. The McClellan hill,
although quite steep and devoid of bike lanes, has no blind spots, even in the sharp U-turn down the hill. The
flyer claims that one of the problems is the lack of bike lanes on McClellan. What is stopping us from using the
thousands of dollars to draw bike lanes on McClellan instead? Or perhaps more generally, fix the current safety
issues instead of opening new ones. I hope the meeting goE;s well and leaves everyone satisfied.
Monta Vista High student,
Nicholas Wong
P.S. I would like to request this letter be read to the attendees of today's meeting. This is primarily because I am
unfortunately unable to attend because of final exams. Thi;~ is also because I would like the attendees to know
the cons of this convenience.
H I ~ i Distance
cc rz l~rlvq
#~~
The route through the Scenic Circle gate is the
shortest route for students west of the creek.
From the corner of Mira Vista and Palm to the corner of
Byrne and McClellan (Monta Vista student lot)
via McClellan
via Sims
via Scenic Circle
0.74 miles
1.23 miles
0.68 miles
Measured using bicycle odometer except where bikes are prohibited: Scenic
gate to bridge (185 feet from city staff and Sims path (1000 feet -paced).
Slope
The route through the Scenic Circle gate is
less steep.
McClellan hill from Mira Vista to Club House Lane.
Scenic Blvd hill from Palm Avenue to Sims trail
via McClellan
via Scenic Circle
9.3% grade
8.5%n grade
Measured using bicycle altimeter-speedometer.
Road Width
Scenic Blvd/Circle is wider.
Curb to curb road widths
McClellan (hill)
29 feet 6 inches
McClellan (S-curve)
Scenic Blvu ~hi11 j
Scenic Circle (all)
27 feet 4 inches
~~~, leer ~ ~ncnes
32 feet 0 inches
Additionally McClellan has no safety space:
McClellan hill has K-rail and retaining wall on one side
McClellan s-curve has no sidewalks on either side
Re-opening the Scenic Circle gate will result in
. A shorter route
. A less steep route
. A wider route
. A route with less traffic
In every way, the Scenic Circle route is
A SAFER ROUTE FOR OUR KIDS