Just days after the City of Gilroy released an independent
report recounting the death of maintenance worker David Vogel,
officials remained tight-lipped over the incident and whether
changes in city policy could be on the horizon. Full article
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Just days after the City of Gilroy released an independent report recounting the death of maintenance worker David Vogel, officials remained tight-lipped over the incident and whether changes in city policy could be on the horizon.
“Our official stance is no comment,” said Todd Barreras, a city operations supervisor manager who was in charge of Vogel the day of the accident.
Vogel and co-worker Tom Gotterba followed a “customary city practice” of saying “Car” back and forth whenever a vehicle approached on the morning Vogel was struck and killed by a van while performing routine street maintenance March 14 on Farrell Avenue, according to the report compiled by Fremont firm Du-All, LLC.
The practice did not involve placing traffic cones or signs where they were marking underground utility lines because the work was not considered long-term and the road was “infrequently traveled,” according to the report. The work was also timed to avoid traffic.
Vogel was replacing a manhole cover at about 11 a.m. in the middle of the street near an intersection with Severance Street when the driver of the van struck and killed him. When Barreras assigned the task to Vogel and Gotterba that morning, he didn’t know either worker would be required to enter the street and open a manhole cover, according to the report.
Moments before the accident, another vehicle approached Vogel’s work area, slowed and “hugged the gutter” as it passed him, according to the report. Gotterba then noticed the van approaching and called “Car,” to which Vogel responded, “Car.” Gotterba believed Vogel saw the van approaching, according to the report. Vogel then entered the street, opened and looked inside the manhole and signaled to Gotterba where he should make markings in the street.
Neither saw the approach of the van as it struck Vogel, the report states.
The driver of the of the white minivan involved in the accident was interviewed by the Gilroy Police Department following the incident and was not arrested, according to Sgt. Chad Gallacinao.
He said further information regarding the driver’s identity could not be released, citing a state vehicle code pertaining to confidentiality.
On Nov. 10, 2010, Vogel and Gotterba attended a flagger and safety training session, according to the report.
“From what I’ve read, if they were going to put out cones and signs, they would put themselves in more danger,” Gilroy City Councilman Dion Bracco said.
Bracco said he didn’t think changing city procedures would be up for discussion in the near future.
“I think it just comes down to it being a terrible accident, and it’s just really hard to avoid something like that happening,” he said.
Councilman Peter Leroe-Muñoz said, “Sometimes there will be some dangers that we just can’t account for. It does seem as if procedure was being followed.”
When asked if the city should re-evaluate its safety policies for street maintenance work, Leroe-Muñoz said, “I just don’t know.”
“To be honest, I’m going to reserve comment on that,” he said. “It was an unfortunate incident. I’m hopeful it’s something we won’t see again.”
Vogel, 14 years, and Gotterba, 22 years, were city veterans, according to the report.
Kathy Rogers, Vogel’s sister, said she wasn’t sure whether the family had hired an attorney or would file a claim against the city. Vogel’s mother, Rosemarie Vogel, said she did not want to comment.
LeAnn McPhillips, the city’s human resources director and risk manager, said she was not aware of any claim filed against the city.
In an email sent to Mayor Al Pinheiro and the City Council, City Administrator Tom Haglund wrote the GPD had completed its own detailed vehicle accident investigation, which has been forwarded to the Santa Clara County District Attorney’s Office and is not available for disclosure.
Councilman Perry Woodward said city staff had been reluctant to release details.
“I’ve read it, and that’s all I know,” Woodward said of the report. “City staff has been very guarded with information about what happened. They’ve told us very little about what happened and what’s going on behind the scenes. The report sheds some light, not a lot of light.”
Woodward said he would like to see the GPD’s report before commenting on whether city policies should change as a result of Vogel’s death.
“I’m reluctant to comment on that until I have all the facts,” Woodward said. “You have that one report, but that report is pretty thin on facts. I don’t feel like I have enough information to comment.”
Several residents who live on Farrell Avenue, however, said the street can be plagued by traffic at times, and is often a haven for speeders.
“Oh yeah, all evening long,” Kelli Olivares said about speeding drivers. “From the time I get home from work. It’s also a problem in the morning.”
The posted speed limit for that stretch of Farrell Avenue is 35 mph.
Olivares said speeding has been an issue on Farrell Avenue for more than two years. She said a taco stand propped up where the street intersects with Monterey Road has also created “a lot more traffic.”
She said drivers might be more attentive if safety cones or signs were placed where city crews worked.
Paul Reis, who lives in a home near the scene of the accident, said speeding cars and distracted drivers has made the street unsafe for the eight years he has resided there.
“I’ve never seen so many accidents in my life,” Reis said. “People drive way too fast.”
Marc Michailoff agreed speeding was a problem, but didn’t recall much traffic at the time of Vogel’s death.
“This can get busy, but that time of the day it’s not as bad,” Michailoff said.
When asked if city crews should place safety cones or signs for all maintenance work, he said it should be up to the discretion of the workers whether it was necessary.
“I don’t seen how someone driving that van couldn’t see him,” Michailoff said. “It’s tragic. It’s a bad way to go.”
