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Via hand delivery December 19, 2007
TO:
Honorable Members of the Saratoga City Council
Council Chambers, Fruitvale Avenue
Saratoga, California
FROM: Alan and Meg Giberson
RE: Saratoga's responsibility to address and monitor activities in/near Willow Creek
A USGS blue -line watercourse named Willow Creek ("the creek") is depicted as a named creek on the
1921 map of Hume Ranch, Map No. 2 — filed in Santa Clara County records at Book P of Maps, pages 53
and 54. (Exhibit A)
We write to bring to your attention the need for proper City environmental review for riparian -area projects
in or adjacent to the creek, as Willow Creek is jurisdictional for the Regional Water Quality Control Board
(RWQCB) and California Department of Fish and Game (CDFG), and likely for the Army Corps of
Engineers as well.
In addition, as a co -permittee of SCVURPPP's NPDES permit for municipal stormwater, the City is
obligated to eliminate illicit discharges to waters of the State.
Saratoga has repeatedly denied adequate environmental consideration of this creek in reviewing
development project(s) adjacent to or involving the creek, claiming the creek "is not within the jurisdiction
of the Santa Clara Valley Water District," (See, e.g., 916106 Staff Report for City Council agenda item #4
re Application 07-040, on page 3 of included staff report to the Planning Commission.)
Apparent violations of Saratoga's duty to ensure adequate environmental review of Willow Creek riparian -
area projects include, without limitation, the following:
- a sanitary sewer installation by underground boring far Development Application CC #07-040
at 19930 Sunset Drive, which was boring was allowed through the Willow Creek creekbed
earlier this year with no independent environmental review by any state or federal agency (to
our knowledge), including no review by CDFG (according to CDFG information);
stormwater from above development (#07-040) that will be discharged to the creek through an
ultimate path that remained undisclosed during public project review;
a soapy -looking discharge pouring intermittently from a pipe in the west side of the interior of a
culvert in Willow Creek at 20052 Sunset Drive (as seen in Exhibit B photos; Exhibit C location
depicted on City storm drain map; Exhibit D location depicted on City 1987 Zoning Map).
This latter soapy -looking discharge appears to be an illicit—even though intermittent—discharge.
Regardless of Saratoga's own creek ordinance (or lack thereof), as an NPDES permit holder the City is
obligated to address illicit discharges to waters of the State.
Even if the City claims no jurisdiction, it should at least refer the responsible parties to the State and/or
federal agencies with jurisdiction over these activities. This has apparently not been done.
We invite the City to investigate and take appropriate action on these—and any other such
items—concerning Willow Creek. We request notification of any action or resolution regarding these
creek problems.
Perhaps now is the appropriate time for the Council to reconsider adopting the Santa Clara Valley Water
Resources Protection Collaborative's Guidelines and Standards as mandatory. (These are the G&S that the
City failed to so adopt on May 2, 2007). Thank you for your attention to the City's riparian welfare.
Cc: San Francisco Bay Regional Water Quality Control Board
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Photo(s) taken May 26, 2007, showing discharge into Willow Creek (from APN 517-23-20) on
west side of interior of culvert for driveway accessing 20052 Sunset Drive, Saratoga
• Portion of Saratoga Storm Drain Map (official city map) showing
Willow Creekl, and outfall of storm drains from the intersection of Glen Una
Drive, Hume Drive and Sunset Drive into Willow Creek
• Willow Creek has been highlighted here in blue
• Asterisk shows the culvert where the apparently -unauthorized discharge to
Willow Creek occurs from 20052 Sunset Drive; Saratoga, APN 517-23-20
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Culvert where apparently -unauthorized discharge to creek occurs
(20052 Sunset Drive, Saratoga. APN 517-23-20)
Map is portion of 1987 Saratoga Zoning Map;
Willow Creekdis highlighted in blue through area of concern.
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