City council closes the door on Pacifica gate
The illegality of such devices persuades city not to fix gate
By Jennifer Zhang
The Cupertino City Council made a quick and unanimous decision during its May 20 meeting that cooled down the heated debate over what the city should do about the traffic barrier gate on Pacifica Avenue.
Because such constructions are illegal, not only will the Pacifica gate be removed, all other similar traffic control devices located in other areas of Cupertino will also be reviewed and possibly eliminated in the near future.
According to City Attorney Charles Kilian, traffic control devices such as the Pacifica gate have never been approved by the state and are illegal.
"The state of California has a uniform vehicle code," he said. "A local agency shall only place traffic control devices that are approved by the state."
In the 1980s, determined to control heavy traffic in the area, citizens organized a committee and asked the city to close Pacifica. The city responded to their request by sending two members from the Cupertino Public Works department to put up traffic barriers during peak hours of the day.
After two years of doing so, officials decided the control method was inefficient and suggested that the city design and produce a machine to do the work. Kilian, who was already the city attorney, informed the city that such a device is illegal.
The city still proceeded with the production and installation of an automatic gate. Kilian said that the council was willing to take a legal risk because it believed the gate was the only way to keep the street open and at the same time control traffic.
The plan for the automatic gate on Pacifica was implemented in 1986 and installed in 1990. For more than 10 years, it closed the road to traffic in both directions during commuting hours, from 6 to 9 a.m. and 4 to 7 p.m. every weekday.
The gate was damaged on March 21 during a police action. Since the
action, the issue of the gate's appropriateness has resurfaced and generated much concern within the surrounding community. Many of the neighbors who live in close proximity to the gate attended the council meeting to express their opinions.
For those who support the repair of the gate, some of their major concerns are about traffic and safety issues.
"There is definitely more traffic on Pacifica," said Sharleen Lo, a resident who lives close to the gate. "Since Pacifica is a very straight and wide street, it's very tempting for people to speed. It's very dangerous for children. I am afraid to let my kids go near the curb."
"I want the street to be completely closed," said Sophia Sheyman, a former Cupertino High School student who lives across the street from Lo. "Since the gate was damaged, I see more cars on Pacifica."
"Some drivers don't slow down at the stop signs on Pacifica and Farralone Drive, where schoolchildren cross the streets," she continues. "It's dangerous for them to walk home from school. The gate has been here for so long, we shouldn't just remove it. As a matter of fact, I don't think making the whole area around Pacifica a gated community is a bad idea."
Other residents opposed the idea of repairing the gate.
Jim James, a resident who lives on Gillick Way, said after the meeting, "Traffic and safety are really separate issues, and each needs solutions other than repairing the gate. I think the gate slows down traffic, impedes emergency vehicles and creates more traffic on other streets nearby, such as Silverado Avenue. ... It's very inconvenient for me to go to the library or other places around that area because I have to take a different route on busy streets such as Stevens Creek Boulevard and Bollinger Road."
James suggested that the city think of other ways to stop speeding and keep children safe, such as using speed-monitoring machines, traffic officers and guards.
Another voice opposing the gate's repair belongs to Nita McGalliard, who lives in the area.
"I don't think the gate should be repaired," she said. "It should be completely removed to avoid traffic congestion. Residents need to have the shortest route available to get to dentists and doctors. Firetrucks, paramedics and police officers should be able to get through and not have to take the longer and busier streets."
"Closing the street is not a solution for traffic problems," she added. "The gate offloads traffic to my street. It's just not fair to the rest of the community. ... The bottom line is that it's illegal. The city is using our tax dollars for something illegal. The city needs to enforce the law and not take the easy way out. I want the whole structure to be removed."
Councilwoman Sandra James agrees with the opposition's sentiments.
"We can't make a decision on whether to repair the gate or not," James said. "The court has already made that decision. The device is illegal. We need to focus on other ways to make that environment safe."
Mayor Richard Lowenthal agreed, saying, "The gate is illegal. We need to find something else to protect the kids."
The city decided to conduct an in-depth traffic study in September, when schools are in session, to find new ways to alleviate traffic problems in the area.
Cupertino, California Since 1947
