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HomeMy WebLinkAbout11-06-2013 Written Communications -redactedMEMORANDUM TO: State of California Assembly member Paul Fong, State Senator Jim Beall, Santa Clara County Supervisor Joe Simitian and the City of Saratoga Mayor and City Council. FROM: Trish Cypher on behalf of the building non - partisan coalition of loose knit independent organizations and individuals concerned with the growing influence of regional government. DATE: November 6, 2013 SUBJECT: Request for a full, formal and complete audit of San Francisco Bay Area Regional Government. We are requesting that our elected representatives initiate a full, formal and complete audit of regional government agencies including: • Association of Bay Area Governments (ABAG) • Metropolitan Transportation Commission (MTC) • Bay Conservation and Development Commission (BCDC) • Joint Policy Committee (JPC /JPA): composed of Association of Bay Area Governments, Metropolitan Transportation Commission, Bay Conservation and Development Commission, Bay Area Air Quality Management District, Cal'ifornia.Air Resources Board, Secretary of State. • Santa Clara Valley Water District (SCVWD) • San Francisco Bay Restoration Authority (SFBRA) • Other regional agencies or State agency districts in the Bay Area identified as those whose activities relate to the above named agencies. We believe a full, formal and complete audit by the State Auditor and /or the County auditors of the nine Counties of the Bay Area is a necessary first step to begin the needed reform of regional government in the San Francisco Bay Area. The State auditor states that they provide insight on internal structure, effectiveness, evaluation of an entity's performance, pursues any misconduct or wrongdoing, determines the accuracy of information, and proposes solutions to problems identified. We believe an audit is necessary and call your attention to the following points in support of that assertion: 1. Anecdotal evidence that ABAG inflated the population projections for the One Bay Area Plan (OBAP) to increase MTC transportation funding. Numerous requests to ABAG for adjustments to these population projections have been ignored. A similar situation may have occurred with Valley Transportation Authority (VTA) and Federal Transportation Administration (FTA) funding adjustments. 2. If we understand the issues correctly, the reason OBAP was approved by the joint ABAG /MTC board on July 18, 2013 is because if the board did not vote to approve this sustainable community strategy (SCS), they would have missed a deadline for Federal funding. Federal Transportation Funding is directed to regional Metropolitan Planning Organizations (M PO's). The SF Bay Area MPO is the Metropolitan Transportation Commission (MTC) created by State legislation. 3. These. regional entities have a false air of independence and autonomy run by a subset of local elected officials, but it appears Federal and State funding is being used to manipulate the outcome of these proceedings on all levels of government. 4. There is very little knowledge or understanding of these regional entities by the public and the ability to impact any of their proceedings is extremely limited. These entities seem neither to be constitutional nor democratic organizations. 5. Unelected, appointed regional boards have little, to no accountability to the public. Lacking accountability mechanisms, there is great risk and opportunity for abuse and corruption. The Little Hoover Commission wrote a report on hidden government warning of these problems some time ago. 6. It is our understanding that SB375, if fully implemented, will reduce emissions by 3% and that this emissions goal has already been obtained in the SF Bay Area with advanced fuels under the Federal CAFE standards. This -is not-reflected in the adopted O ne Bay Area Plan. 7. These agencies appear to be attempting to control all water, energy, housing, transportation, land use and the economy in the San Francisco Bay Area and transition our self - government to self - governance. One or more of these agencies also. works outside of the San Francisco Bay Area extending their reach to other areas of the State. One or more of these agencies advocates to the State legislature on issues unrelated to their mission and in direct conflict with their stated goals to work on behalf of the 101 cities and nine counties of the Bay Area. The residents of the Bay Area and the State of California deserve better government, not more government. Thank you for your consideration. We look forward to providing you with additional information on this request and working with you towards completing this audit. Sincerely, Trish Cypher For the building coalition Copy to: Nai Hsueh, Santa Clara Valley Water District Board of Directors via email Hallie Fisher, Legislative Consultant, California Office of the State Auditor via email ``R,11' City of Saratoga Memorandum To: Saratoga City Council From: Crystal Bothelio, City Clerk Date: November 6, 2013 Subject: Written Communications Attached to this memorandum are written communications received by the City on items on the November 6, 2013 City Council Agenda. Item 7: Agreement with the Santa Clara County FireSafe Council - Email from Trish Cypher, sent November 6, 2013 Item 14: Proposed Water Supply Improvements Assessment District - Email from Trish Cypher, sent November 6, 2013 Wednesday, November 6, 2013 3:03:24 PM Pacific Standard Time Subject: FW: Agreement with the Santa Clara County Fire Safe Council Date: Wednesday, November 6, 2013 3:01:12 PM Pacific Standard Time From: City Council To: Chuck Page, Jill Hunter, Howard Miller, Manny Cappello, Dave Anderson, Emily Lo, City Clerk [Crystal Bothelio] From: Schist Sent: Wednesday, November 06, 2013 3:01:08 PM (UTC- 08:00) Pacific Time (US & Canada) To: City Council Cc: James Lindsay; Michael Fossati Subject: Agreement with the Santa Clara County Fire Safe Council Dear Mayor, City Council and City Management staff, I am requesting that consent calendar item 7: Agreement with the Santa Clara County FireSafe Council be removed from your consent calendar and this agreement be sent back to staff for revisions to the scope of work before giving this agreement further consideration. It does not appear that costs, details and scope of work regarding what this contractor specifically intends to do and how will we know they have met the terms of the agreement are called out. I am requesting that the City Council provide the necessary due diligence on this proposed program to protect the interests of the residents of Saratoga. This agreement refers to a wild land -urban interface. I would note that any program that tries to establish an wild land -urban interface will likely destroy Saratoga which is a semi -rural suburb. If you look at the map of wild land -urban interface you will see it essentially bisects Saratoga. Implications are that if you live on the wildland side, you should not be allowed to live there, develop or improve your property, because you are in a wildland, if you are on the other side, the urban side then it needs to be an urban rather than suburban land use. That's where you have to develop it, where RHNA and Plan Bay Area comes in. RHNA and the One Bay Area Plan targets increasing population in the bay area suburbs, with associated transit oriented development and dense housing. This appears to me to be a sustainable development land use change from suburban to either wild land /habitat or urban. I am requesting that the City Council help to verify the correctness of my assertion. I would appreciate getting clarification on this proposed agreement by getting answers to the following questions: 1. Why does this program include a wild land -urban interface and whose vision this is? I would want to ask the residents of Saratoga if they agree with that vision. Page 1 of 3 2. Has an assessment of the defensible space for the area of Saratoga called out as the wildland /urban interface been conducted? Does the general plan provide the necessary details on this issue? If so, what are the specific recommendations related to properties in Saratoga? Where is the data on fire hazards that is being used to promote this program? How does the concerns of the Oakland hills fire relate to Saratoga? 3. Have the residents in this area been notified of this proposed agreement? Have they been given an opportunity to comment on this scope of work? 4. How will the residents in this area be able to determine what is voluntary and what is mandatory regarding this program? S. How will the residents and property owners know that this organization is a non - profit . organization? 6. Did the City prepare bid documents and put out bid notices to obtain the best price for these services? 7. What are the short and long term goals of this organization with respect to brush and combustable materials? How will we know the goals of this program have been met? 8. How are the large accumulations of natural fuel on the MPROSD lands being handled? Has the City worked with the MPROSD to assure as safe an open space /suburban interface as possible to protect these homes from open space wild fires? How are the homes in Saratoga being protected from MPROSD land fires? 9. What is the basis for the recommendation in the City of Saratoga for Very High Fire Hazard Severity zones? 10. How is CalFire making these designations for the wild land -urban interface, as it appears some hillside areas. that are biogeographically the same appear to have different severity levels? 11. What is the criteria for the hazard severity designations of moderate, high and very high? 12. Why are local fire hazard severity zones designated differently than the state responsibility areas? 13. Why is this called a wild land -urban interface rather than a wild land- suburban interface? or open space- suburban interface? 14. What if a property owner does not want to participate in this program? Is this a mandatory program? How will it be made clear to residents this is a voluntary program? 15. How does this wild land -urban interface relate to the Federal and State executive branch Page 2 of 3 agencies implementation of sustainable development? 16. Has any resident in Saratoga expressed an interest in or a need for a program such as this one proposed? 17. Why hasn't drought been mentioned with respect to the need to mitigate for dry conditions and dry vegetation? Where does the watering of backyards and landscaping fit into the concept of a wild land -urban interface? Has watering of vegetation as a way to mitigate for wild fires been considered in this program? Not to mention being an aid to ground water recharge? 18. Why aren't properties outside of the City limits eligible for this program? Does the County have a similar program for these properties? Do we just let these properties burn without consideration or protection? 19. Why did City staff modify the local responsibility map of the City Fire Hazard Zone? On what basis did they make this change? 20. What is the relationship between the Saratoga fire hazard severity zones and the wild land project of the State Wildlife Action Plan (SWAP) and the Essential Habitat Connectivity Project? If the City Council members do not know the answers to a majority of these questions, I urge you to postpone approval of this agreement and amend the.scop.e of work incorporating the answers to these questions. I encourage the City Council to verify what is legally required by the State as it pertains to this wild land -urban interface before approving this agreement.. I also encourage the City Council to direct staff to modify the scope of work for this agreement to ensure that the needs .of the residents are being met in a way that provides clear disclosure and better takes their interests into consideration. While there are some helpful aspects to this proposed program, I fear there maybe unforeseen consequences that have not be adequately addressed in the agreement language. Thank you for your consideration, Trish Cypher Page 3 of 3 Wednesday, November 6, 2013 3:20:30 PM Pacific Standard Time Subject: FW: Water assessment district Date: Wednesday, November 6, 2013 3:15:00 PM Pacific Standard Time From: City Council To: Chuck Page, Jill Hunter, Howard Miller, Manny Cappello, Dave Anderson, Emily Lo, City Clerk [Crystal Bothelio] From: Schist Sent: Wednesday, *November 06, 2013 3:14:59 PM (UTC- 08:00) Pacific Time (US & Canada) To: City Council Subject: Water assessment district Dear Mayor, City Council and City Management staff, Regarding your agenda item 14, 1 hope you will consider keeping or transferring any water related government functions in our City government rather than to an assessment district. While creating more government may seem like a good answer to meet our service needs, I'm wondering if better government instead of more government might be a worthwhile goal. 14. Proposed Water Supply Improvements Assessment District Thank you for your consideration, Trish Cypher Page 1 of 1 City of Saratoga �. Memorandum C4L I FO0.NP To: Saratoga City Council From: Crystal Bothelio, City Clerk Date: November 6, 2013 Subject: Written Communications for Item 9: Quito Road Bridges Replacement Project Public Review After the agenda packet for the November 6, 2013 City Council meeting was prepared and posted, the City received written communications on Item 9: Quito Road Bridges Replacement Project Public Review. The written communications are listed below and attached to this memo. - Email from Marcia Fariss, sent November 3, 2013 - Email from Lisa Au, sent November 2, 2013 - Email from Susanne and Michael Vertin, sent November 4, 2013 - Email from Deepak Advani, sent November 4, 2013 - Email from Trish Cypher, sent November 6, 2013 - Email from Diana Anderson, sent November 6, 2013 Monday, November 4, 2013 3:57:29 PM Pacific Standard Time Subject: FW: Quito Rd Bridges Date: Monday, November 4, 2013 3:53:00 PM Pacific Standard Time From: Macedonio Nunez To: City Clerk [Crystal Bothelio] - - - -- Original Message---- - From: Lisa Au [mailto:hsbrosnan6Dgmail.com] Sent: Saturday, November 02, 2013 12:13 AM To: Macedonio Nunez Subject: Quito Rd Bridges Hello Macedonio, We are happy the City is considering this project as the bridges do not look stable. We are especially welcoming a walking path along these narrow sections of Quito Road. We live on Vessing Road, and the detour shows that our street access will be closed off during the project. How do you plan to accommodate the residents of Vessing? Thank you, Lisa Sent from my iPad Page 1 of 1 Monday, November 4, 20.13 8:44:36 AM Pacific Standard Time Subject: Old Adobe Road /Bridges Date: Sunday, November 3, 2013 3:44:49 PM Pacific Standard Time From: Marcia Fariss To: Jill Hunter, Emily Lo, Howard Miller, Manny Cappello, Chuck Page, Dave Anderson, City Clerk [Crystal Bothelio] Mayor Hunter, City Council Members, I am uncertain as to whether or not I'll be able to attend the upcoming City Council meeting wherein the Quito Road Bridges Project is to be discussed. There are several concerns regarding the project and before any design contracts are awarded, I urge the Council to consider the following: 1. The two bridges on Quito Road are in need of upgrading; no disagreement there. 2. The concern is that the new bridges will be constructed in such a way to require significant widening of portions or perhaps even all of Quito Road between Hwy 9 and Pollard. 3. The Old Adobe area of Quito Road is one of the most delightful winding, esthetically pleasing roads in the Bay Area. Any straightening and /or widening would destroy its current quaint, "country road" character. Additionally, it would likely have adverse effects on the riparian habitat. The City's original plan was to maintain Quito Road as a one lane each direction road; that should not be altered. 4. Any widening of Quito Road requires removal of numerous mature trees. One of Saratoga's goals has been to preserve our trees, especially heritage trees and ideally to increase the number of trees in our City. 5. Saratoga has always been and wants to remain a semi -rural character; substantial widening of the bridges an Quito Road will invalidate that goal. What is currently a delightful drive will be come nothing short of another urban artery. 6. If Quito Road and its bridges are significantly widened, it will encourage speeding and additional traffic between Lawrence and Hwy 9. In short, it will become an extension of Lawrence Expressway. 7. Lastly, any major widening of Quito Road will encourage development, notably of high rise -high density housing. On a personal note: I go out of my way to return to Saratoga from Los Pagel of 2 Gatos via Quito Road. Why? Because it's beautiful and it's curves encourage slowing down to "smell the roses." In this case, the roses are the oaks over - arching the road and the rural atmosphere that. suggests a more leisurely paced way of life, even if it lasts just a . few minutes. Thank you for taking the time to read this and carefully consider the above points. Marcia Fariss Saratoga Glen Place Page 2 of 2 Monday, November 4, 2013 4:07:46 PM Pacific Standard Time Subject: FW: Quito Bridge Project Date: Monday, November 4, 2013 4:06:44 PM Pacific Standard Time From: Jill Hunter To: City Clerk [Crystal Bothelio] - - - -- Original Message---- - From: Michael and Susanne Vertin [mailto:sgvertin6DRmail.com] Sent: Monday, November 04, 2013 2:33 PM To: Jill Hunter Subject: Quito Bridge Project Dear Ms. Hunter, As longtime residents of Los Gatos, we love the natural beauty of Quito Road between Highway 9 and Pollard. It is actually one of the main reasons we chose to live on Old Adobe Road. We first experienced it when we followed a new friend to her home on Via Therese Court. We were completely enchanted and moved to the neighborhood not long after. We have learned that there is a planned project to replace the bridges on Quito Road between Old Adobe and Pollard. We understand that the project is designed to make the bridges safer and mitigate flood concerns around the creek. However, the details provided to residents are seem vague, leaving us with some concerns that we feel should be addressed as part of the planning process is complete. I. Character of Quito We love the country feeling of Quito in this area and do not want to lose it. We want reassurance that excessive vegetation and trees will not be removed and the road will not be modified to be a road like most others that will ruin this ambiance and encourage speeding. 2. Preservation of Oak Trees The trees are an important part of the ambiance all along Quito and at Old Adobe. We understand 24 old growth oaks will be removed and are very concerned about the loss of such magnificent old trees. 3. Preservation of the Creek Environment The creek is important to wildlife and we are concerned about the aesthetics after construction. We love seeing wildlife around our neighborhood and we do not want the area to look like San Tomas Aquino. We want to preserve as much of the habitat as possible. It seems much of the remediation will be located at the park and not at the construction site at Old Adobe. The park is a long way away from the area affected and this doesn't seem like real mitigation!!! 4. Retaining Walls It appears there will be many new retaining walls and that the existing retaining wall at Old Adobe and Quito will be replaced. That wall has a specific character that provides a lovely entrance to our neighborhood. We are concerned about the materials that will be used for the new walls - will they Page 1 of 2 have the same character as the old wall or will they be ugly concrete walls? We believe this project affects more than just the immediate neighborhoods. We believe a specific hearing should be held on this issue to inform the residents of these two communities what is planned and to ensure that we are involved in the process. Thank you for your kind attention to this very important matter. Yours sincerely, Susanne and Michael Vertin Page 2 of 2 Monday, November 4, 20134:48:57 PM Pacific Standard Time Subject: Quito Bridge Project Date: Monday, November 4, 2013 4:40:10 PM Pacific Standard Time From: deepak advani To: Jill Hunter, Emily Lo, Howard Miller, Manny Cappello, Chuck Page, Dave Anderson, City Clerk [Crystal Bothelio] Greetings, As a resident of (Los Gatos or Saratoga), I have long enjoyed the beautiful stretch of Quito Road between Highway 9 and Pollard. We have learned that there is a planned project to replace the bridges on Quito Road between Old Adobe and Pollard. We understand that the project is designed to make the bridges safer and mitigate flood concerns around the creek. However, the details provided to residents are very sketchy, leaving us with some concerns that we feel should be addressed as part of the planning process is complete. I. Character of Quito We like the country feeling of Quito in this area. We want reassurance that the road will not turned into a straighaway that will ruin that ambiance and encourage even more speeding. What will be done with respect to traffic calming? 2. Preservation of Oak Trees The trees are an important part of the ambiance all along Quito and at Old Adobe. We understand 24 old growth oaks will be removed but it is not clear which trees will be removed, what type of tree will be planted in mitigation and where they will go, although the indication is that at least some of the replacement trees will be in Rinconada Park, not at the construction site. 3. Preservation of the Creek Environment The creek is important to wildlife and we are concerned about the aesthetics after construction. We do not want the area to look like San Tomas Aquino. We want to preserve as much of the habitat as possible. It seems much of the remediation will be located at the park and not at the construction site at Old Adobe. The park is a long way away from the area affected and this doesn't seem like real mitigation. 4. Retaining Walls It appears there will be many new retaining walls and that the existing retaining wall at Old Adobe and Quito will be replaced. That wall has a specific character that provides a lovely entrance to our neighborhood. We are concerned about the materials that will be used for the new walls - will they have the same character as the old wall or will they be ugly concrete walls? We believe this project affects more than just the immediate neighborhoods. We believe a specific hearing should be held on this issue to inform the residents of these two communities what is planned and to ensure that we are involved in the process. Cheers Page 1 of 2 Dee pak Advani 215 Old Adobe Road Los Gatos, CA 95032 Page 2 of 2 Having read all the information on the so- called "improvements" to Quito Rd, I was at loss at how to respond to so much destruction. Then I realized sometimes the most simple solutions are the best and that is to just to build 2 sturdy bridges and forget about doing all the rest Quito Rd has been pictured on numerous magazines both for its beauty and for the unique speed signs of 17 and 19 mph. Using the same rules and regulations of building a freeway shouldn't apply here, it is and has been a charming country road for a very long time and it should stay that way. I cannot help but feel that you have a driving (pun) need to spend a ton of government money, because it is there, I am sure there are many more realistic purposes where the money could be used. The drivers on Quito do not drive fast because they cannot, and drivers seem to always show respect to pedestrians and bicycles. This road is treasured as a landmark, do not spoil it. Sincerely, Diana Anderson 14971 Quito Rd Saratoga, Ca. 95070 ,t MemoranduM' TO: City Council FROM: Patrick Tsai, City Manager's Office Intern DATE: November 5, 2013 SUBJECT: Item 15 - Approval of Updated Records Retention Schedule Staff recommends two revisions to the draft of the Records Retention Schedule included in the Council packet: (1) increasing the retention period for petitions submitted to the City Council and (2) increasing the retention period for reports on bridges and overpasses, as described in more detail below. PPti ti nn c With respect to the record series, "Petitions ", under the City Clerk section, found on page 11 of the updated records retention schedule: 1. Change the retention period from CU+ 1 to CU +2. 2. Remove from the citation section GC 6253, and add to the citation section GC 34090. After the proposed changes have been made, the record series, "Petitions ", would look as follows: Record Official. Citation V H C Description Series Retention Petitions CU +2 GC Petitions submitted to the City 50115, Council. 34090 Page 1 of 2 "R Bridges and Overpass Reports With respect to the record series, "Bridges and Overpass Reports ", under the Engineering section, found on page 20 of the updated records retention schedule: 1. Change the retention period from L to L +4. 2. Remove from description, "Kept for life of structure." After the proposed change has been made, the record series, "Bridges and Overpass Reports ", would look as follows: Record Official Citation V H C Description Series Retention Bridges L +4 GC 34090 State reports on status of bridges and and overpasses in the City. Overpass Reports Staff recommends that the City Council adopt the resolution approving the updated records retention schedule including the changes described above. Page 2 of 2 Replacement of Quito Bridge Project Name: Chuck Bona L Address: 14409 Quito Road, APN #397 -05 -095 Contact info: chb42 @yahoo.com / 415 602 -4221 Profession: Licensed CA Building and Engineering Contractor, CSLB #816532 Formal Submittal of Communications OCT 31 2013 My name is Chuck Bona. My family and I reside at 14409 Quito Road, Saratoga. Please accept the following as my formal submittal: Questions: • Why has the project grown beyond it's original scope of work which was simply to replace the two bridges especially when it exceeds the appropriated funding? • As with most any engineering /construction project in the state of CA, why haven't all residents in the project area received detailed submittal information as required by law • What is the predefined ingress /egress plan insuring our capacity to co -exist without experiencing delay; to Quito as well as our property entrance • What is the predefined plan for garage pick up Thursday mornings • What is the predefined plan to minimize the adverse impact of imminent airborne construction debris /soot • What is the predefined plan to remedy and /or reimburse adjacent property owners to clean up imminent and likely extensive airborne construction debris /soot to their homes and vehicles • According to the conceptual drawings, it would appear that about 5 feet of the actual driveway entrance is going to be acquired. What is the basis of this agenda ... we need detailed information • Given the current and obvious need, now exasperated with eventual detours, what is being done to provide a safe crosswalk across Sobey at Quito: the potential liability of children /people being struck by vehicles will be greater than ever; this crossing has long needed a formal crosswalk and a lighted reflector system to insure safety of all commuting to and from the school Concerns: • We need assurance that the natural setting that currently exists will not be sanitized with concrete and other "non - natural" looking architecture causing adverse impact to the area and /or property values • We are greatly concerned about loss of heritage trees as well as opening up our property to more noise from Quito Road • We need to be provided assurance that enough and similar vegetation would be replanted after construction to attenuate the sound from Quito Road as well as to maintain the current natural setting • For the safety of our children and to insure uninterrupted ingress /egress, we need to have assurance of NO intrusions onto our private driveway during construction and that any contractor doing so would realize stiff penalty • If our entrance is to be reworked, what is the predefined plan to repave our driveway (e.g. with impervious pavers to compensate for the environmental damage they will be causing) City of Saratoga - Speaker Card Please Note: City Council meetings are both live and delayed broadcast Please see reverse side of this card for Speaker Guidelines I would like to speak about: Agenda Item? 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