Modern Transit Society

moderntransit.org PO Box 5582, San Jose CA 95150   phone: 408-221-0694

August 3, 2004

To:   Supervisor Jim Beall, Santa Clara County Board of Supervisors

Cc:      Jean Cohen, Policy Aide;

John Sullivan, Chair, VTA BPAC;

Jim Stallman, President, Silicon Valley Bicycle Coalition

Subject: Mr. Murdter breaks promises to Supervisors, including in your district.

Dear Jim,

Mr. Murdter broke every promise he made to the Supervisors on May 4 regarding removing illegal “pedestrians prohibited” signs, as promised in his staff report that was accepted by the BOS (example photo, right, at San Tomas & Payne). All photos in this email are from your district, where 1.5 miles of pedestrian paths are still banned, and walkers “right of access” is violated.

I always try to work with staff instead of taking time of Supervisors. In the past, when County highway engineers refused or stonewalled on removing illegal “bicycles prohibited” or “pedestrians prohibited” signs when a prohibitory city ordinance was repealed (which occurred most of the time), I merely had to go to the Director. After I proved my point, James Reading, Larry Reiter, and Scotty Bruce would give a direct order to remove signs to comply with the law. The signs were removed usually in two days. Not so, with Mr. Murdter.

Ms. Jane Decker, Deputy County Executive, seems unable to give a direct order to comply, despite Mr. Murdter’s broken promises to the BOS. It has been 3 months now since his promise to remove signs —a three hour job.

The specific promises broken and laws violated are detailed in the below email that I wrote to Ms. Jane Decker [click here to read that email ] on June 27, 2004. Ms. Decker acknowledged receiving this email, but not one sign has been removed. The email also describes signs, such as the one at right (during a recent Barnes & Noble book-signing), where the County highway engineers posted new prohibitory signs which never existed before, when forced to remove signs elsewhere. Notice the curb —some of the ped path is also visible — and the “Pedestrians Prohibited” sign. Location is San Tomas near Stevens Creek Blvd., a route needed for pedestrians to cross under Freeway 280, in the same block as pictured (right; photo courtesy Mercury News).

At a BOS meeting in April, you inquired about the status of the property with the pedestrian entrance to the condominium that is “prohibited” by signs (photo, below). Staff did not address this at the May 4 meeting. The “Pedestrian Prohibited” sign there is illegal because right of access is not acquired (explained below) both here and at a nearby driveway. It cannot be a safety issue to allow pedestrians, because the pedestrians never even have to step off the curb if two shrubs are trimmed by Roads and Airports Department.

In a related issue in your District, would you direct staff to remove the sign banning bicycles (photo, right) on San Tomas (45 mph) crossing over Winchester Blvd. (also 45 mph). The San Tomas shoulder is over 1000 times safer than crossing at grade. This posting is despite Campbell’s repeal of the bicycle prohibition in 1991, and therefore is illegal (CVC 21960).  Another violation of the Vehicle Code is that the sign is unapproved by Caltrans. (See “Unapproved signs” below.)

I do appreciate your efforts in the past to remove prohibitory signs and hope you can make a few phone calls to get staff to do as they promised, and to fully comply with the law. If staff balks (using false statements, as often occurred before) and you think we should have a meeting with staff, I would be glad to attend, and suggest also inviting John Sullivan, Chair, VTA BPAC, and Jim Stallman, President, Silicon Valley Bicycle Coalition.

Sincerely,

Akos Szoboszlay,

President

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Links

Letter to the County Executive.

Montague at Kruse (true danger example): http://moderntransit.org/expy/safety-actions2.html

The main expressway topics, links page is at:  http://moderntransit.org/expy