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CC 10-04-2022 Oral CommunicationsCC 10-04-2022 Oral Communications Written Comments From:Rhoda Fry To:City Clerk Subject:Items for public comment today 10/4/2022 Date:Tuesday, October 4, 2022 3:50:10 PM Attachments:Tort Claim.pdf Public Comment 2018 5 11.pdf CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi City Clerk, Please add these to public comment for today. These are letters submitted to the public that complained about our City Attorney on 5/11/2018. Jean Bedord complained that he was “by the book” and City Council candidate JR Fruen had other gripes. The City Attorney was subsequently fired and filed a wrongful termination suit and the City settled with him. His concerns listed in his tort claim, such as staff writing contracts without running them through his office, turned out to be prescient. Thanks, Rhoda Fry Lauren Sapudar From: Grace Schmidt Sent: To: Wednesday, May 09, 2018 1:12 PM Lauren Sapudar Subject: FW: Review City Attorney, Friday, May 11, 2018 From: Gary Jones [mailto:gjoneshome@yahoo .com] Sent: Wednesday, May 09 , 2018 12:28 PM To: David Brandt <Davidb@cupertino.org>; council@cupertino.org Cc: Grace Schmidt <graces@cupertino.org> Subject: Review City Attorney, Friday, May 11, 2018 David and Council I'll keep this short. I understand there is a Friday closed session to review our city attorney. My 2 cents is that the City of Cupertino is a very valuable internationally known brand demanding a level of legal support commensurate with Cupertino moving forward. The city is faced with some daunting issues as to land use, political upheaval as we await the results of litigation, an upcoming potentially difficult election for city council seats, potential bond issue to build a new city hall and addition to our library, and more. IMHO, we are now a city that requires the fulltime attention of an attorney with substantial, current forward looking legal background in civic matters. Respectfully, Gary Jones, 42 year resident of Cupertino Total Control Panel To: graces @ cupertino .org From : gjoneshome@ yahoo.com Remo ve thi s sender from my allo w li st You received this message because the sender is o n your allow li st. 1 Friday, May 11th, 2018 3:30 Honorable Mayor Darcy Paul and Vice-Mayor Rod Sinks and City Council, As members of the Cupertino Historical Society, we are concerned that the performance of our city attorney, and how his office consistently and adversely affects our attempts to collaborate or otherwise do business with the city of Cupertino. We remain frustrated with several projects currently on hold which negatively impacts our outreach to the city. One example is our collaboration with Cupertino Rotary to restore the Stocklmeir house and grounds. Louis Stocklmeir was one of the early advocates for Cupertino's incorporation as a city, the first Cupertino City Historian and founder and president of the Cupertino Historical Society. The house continues to sit empty and derelict because the city attorney does not approve of the project. We understand if he does not support a given project, he may recommend against proceeding. However, to thwart proposals of which he does not approve seems far beyond the appropriate scope of his office. Another project impacted involves our antique farm equipment. The Cupertino Historical Society would like to place some of this equipment at McClellan Ranch which will enhance the park and educate our youth about our agricultural past. We have been working with city staff, which has been very supportive on this issue for over a year and a half. But, due to a backlog at the city attorney's office, this issue has still not been reviewed. It is our understanding that cur's is just one of many agreements held up due to the delays and obstructions at the city attorney's office. None of these beneficial projects are getting done, Stocklmeir renovation, McClellan farm equipment and tools sharing, the upgrade of the Blesch house, which has been sitting empty for at least four years. Either Historical Society projects are being singled out for neglect, or as we have been informed, all of the city's business is being handled in this deficient manner. These delays and inadequate service do not meet the traditionally high standards of professionalism and service represented by the city generally, and the city attorney's office specifically. City staff, the city council, and our community need a city attorney with a CAN DO; not a CAN'T DO attitude! Donna Austin, Shannon Lee, Sharon Blaine, Janet Riddell, Jane Alvarado Lauren Sapudar From: Sent: To: Subject: Mayor Paul and Council Members , bedord@gmail.com on behalf of Jean Bedard <Jean@bedord.com> Thursday, May 10, 2018 2:00 PM City Council; City Clerk Review City Attorney, Friday, May 11, 2018 -Randy Hom lacks leadership As someone who has been attending city council meetings regularly for the past two years, I am disappointed in the lack of leadership and political savvy demonstrated by our city attorney, Randy Hom. I'm quite concerned that his "by the book" approach creates more problems than the more pro-active leadership shown by previous city attorneys . My observation is that he la cked effectiveness in quieting controversy in both of these cases: * The fire drill for the city council to act on the new housing bills effective Jan . 1, 2018. When this issue was raised in the Nov . 7, 2017 council meeting , it should have been immediately obvious that noticing requirements precluded any binding action prior to the end of the year . The fallout from public outcry at the Nov. 21 meeting in the middle of Thanksgiving week continues si x months later, and will haunt the 2018 elections , with accusations that the council did not "protect" the city from implementation of SB 35. * During the Westport vote in 2017 , the agenda and voting procedure was confusing , and the council struggled to figure out the process . Why didn't Randy Hom review the process in advance to prevent the mess or have an alternative? He did not install any confidence in the competence of the council or city staff --they came across as not knowing what they were doing . Now that there has been an SB 35 application filed with the city , I'm concerned that Randy Hom's approach will result in lawsuits on a much larger scale than the penny-ante Measure C lawsuit initiated by Steven Scharf and the Better Cupertino PAC . Please disqualify Councilman Scharf from the vote since he is a party in active litigation where the city attorney is the legal representative of the city , his opponent, which creates a conflict of interest. The city deserves a new city attorney with world class leadersh ip skills, as well as land use and municipal law expertise . Please take appropriate action . Warm regards, Jean Bedard Cupertino Resident Total Control Panel To : cityclerk @cupertino.org From: bedord@gmail.com Message Score: 15 My Sp am Blocking Level: Hi gh B lock thi s sender Block g mail.com This message was deli vered because the co ntent filter score did not exceed your filter level. 1 High (60): Pass Medium (75): Pass Low (90): Pa ss Mr. Mayor and members of the city council: Like many other Cupertino residents, it dismays me to appear before you today given the topic at hand. The heart of an attorney's duty of loyalty is his protection and furtherance of his client's interests. For any client, those interests range beyond shielding against legal exposure. In the case of this city, they include community cohesion and vitality as memorialized in the city's mission statement: "to provide exceptional service, encourage all members of the community to support one another, and support the values of education, innovation and collaboration." From the Cupertino Historical Society to the Friends of Stevens Creek Trail, various non-profit groups with longstanding roots in this community report increased difficulty in complying with the impositions of new requirements that appear solely calibrated to forestall any liability on the part of the city, without apparent regard to the value these institutions return to Cupertino and its residents. This excessively cautious approach undervalues a host of city interests that extend far beyond legal risk. This matter lies within the remit of the city attorney's office. Similarly, it has come to my attention that the longtime owner of Vardy's received a cross-complaint for contribution from the city in June 2017, without any apparent forewarning. While this filing likely safeguarded the monetary interests of the city, a more collaborative approach in the best traditions of an attorney's duty to opposing parties and our city's mission statement could have achieved a less acrimonious result. Regardless of whether this action occurred in response to proper consultation with the city council, the advice given matters and our locally-owned businesses deserve to know that they have a partner in the city, not a knee-jerk adversary. By contrast, I am struck at the lack of response from the city attorney during moments of conflict that damage public trust and could lead to exposure. The August 15, 2017 gateway vote on three separate projects immediately comes to mind. The council struggled at length to determine just the proper procedure for voting. This left the council and staff appearing hapless in a moment of heavy public scrutiny. Sufficient advance vetting of the voting procedure or intervention from the city attorney at that moment could have solved the problem. Indeed, this disengagement appears to be commonplace--I cannot recall the last time the city attorney resolved an ongoing conflict on the city council dais, nor can I recall encountering the city attorney at public events. I am not here to impugn the technical competence of the city attorney; but I feel that Cupertino deserves the best, not a city attorney who is absent in body from civic life, and absent in word from council meetings. I wish this council much wisdom in its deliberations today. Thank you. J .R. Fruen Cupertino Resident CUPERTINO CITY CLERK From:Rhoda Fry To:City Clerk Subject:City Council 10/4/2022 for public comment Date:Tuesday, October 4, 2022 4:00:41 PM Attachments:Vallco Contamination Letters.pdf CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear City Clerk, Please add these for public comment for the 10/4/2022 city council. It is a shame that people are trying to intimidate the Department of Environmental Health. Thanks, Rhoda From:Gaddi, Rochelle To:April Scott Cc:Kaahaaina, Jennifer; O"Regan, Gerald Subject:RE: [EXTERNAL] Vallco delay Date:Tuesday, January 25, 2022 3:45:00 PM Good afternoon Ms Scott, Thank you for your email below on this important project. To clarify, the application that we received from Vallco Property Owner, LLC is an application requesting regulatory oversight which mentions soil removal as a possible option for addressing onsite contamination at the Vallco project. It is not an application to remove soil, as you indicate below. The County Department of Environmental Health (DEH) approved this application for regulatory oversight when we entered into a remedial action agreement last June 2021 with Vallco Property Owner, LLC. We have been actively working with the Developer since then to establish a comprehensive understanding of the contaminants on the site that may pose a threat to future residents, workers and visitors. This process takes time to complete accurately. We need to establish this understanding of the contamination to ensure the proposed abatement and mitigation plans will be adequate to protect human health. We have completed our review of the most recent data submitted by the Developer in late December 2021. Last week, we had multiple conversations with the Developer’s representative to confirm our understanding of the data and their conclusions. We also presented our conclusions and proposed next steps. A formal directive letter identifying those next steps is in process and due to be issued within a couple of days. All records related to our oversight of the Vallco Town Center development, including the anticipated letter upon issuance, are made available on the publicly accessible GeoTracker website – Global ID T10000017167. They are in the section entitled Site Maps / Documents. We reviewed the Developer’s documents when we received them, which were not fully submitted until December 22, 2021. We needed these documents to complete our review and the directive letter is forthcoming. Please let me know if you need additional information. Regards, _________________________________ Rochelle Y Gaddi, REHS Interim Director Department of Environmental Health County of Santa Clara phone: 408 918-3449 fax: 408 258 5891 mail to: rochelle.gaddi@deh.sccgov.org For More Information on Environmental Health Guidance for Coronavirus visit us at: http://EHinfo.org/coronavirus NOTICE: This email message and/or its attachments may contain information that is confidential or restricted. It is intended only for the individuals named as recipients in the message. If you are NOT an authorized recipient, you are prohibited from using, delivering, distributing, printing, copying, or disclosing the message or content to others and must delete the message from your computer. If you have received this message in error, please notify the sender by return email. From: April Scott <aprscott@gmail.com> Sent: Friday, January 21, 2022 4:00 PM To: District1 <District1@bos.sccgov.org>; Chavez, Cindy <Cindy.Chavez@bos.sccgov.org>; Supervisor.Lee <Supervisor.Lee@BOS.SCCGOV.ORG>; Ellenberg, Supervisor <supervisor.ellenberg@BOS.SCCGOV.ORG>; Supervisor Simitian <Supervisor.Simitian@bos.sccgov.org>; DEHWEB <DEHWEB@deh.sccgov.org> Subject: [EXTERNAL] Vallco delay Dear Supervisors and Department of Environmental Health (DEH), I'm writing today because I find it unacceptable that the Vallco soil removal application has been in front of the Department of Environmental Health (DEH) for nine months and there has been NO action taken. Soil removal is a routine process and DEH has taken far too long. The application was initially filed April 15, 2021. DEH's prolonged delay is holding up the largest affordable housing project in the northern half of California, as well as the vibrant community spaces, green space, and destination retail that will be built along with it. We urge the Board of Supervisors and DEH to move this application along immediately so the contaminated soil can be removed and construction can begin on Vallco. This Vallco project has a been a long-time dream and we finally were seeing the light. PLEASE do not delay this any further Thank you, April Scott Cupertino Resident since 1983. From:Gaddi, Rochelle To:primadona1@comcast.net Cc:O"Regan, Gerald; Kaahaaina, Jennifer Subject:RE: [EXTERNAL] Please expedite the Vallco"s soil removal application Date:Tuesday, January 25, 2022 3:44:00 PM Good afternoon Ms Austin, Thank you for your email below on this important project. To clarify, the application that we received from Vallco Property Owner, LLC is an application requesting regulatory oversight which mentions soil removal as a possible option for addressing onsite contamination at the Vallco project. It is not an application to remove soil, as you indicate below. The County Department of Environmental Health (DEH) approved this application for regulatory oversight when we entered into a remedial action agreement last June 2021 with Vallco Property Owner, LLC. We have been actively working with the Developer since then to establish a comprehensive understanding of the contaminants on the site that may pose a threat to future residents, workers and visitors. This process takes time to complete accurately. We need to establish this understanding of the contamination to ensure the proposed abatement and mitigation plans will be adequate to protect human health. We have completed our review of the most recent data submitted by the Developer in late December 2021. Last week, we had multiple conversations with the Developer’s representative to confirm our understanding of the data and their conclusions. We also presented our conclusions and proposed next steps. A formal directive letter identifying those next steps is in process and due to be issued within a couple of days. All records related to our oversight of the Vallco Town Center development, including the anticipated letter upon issuance, are made available on the publicly accessible GeoTracker website – Global ID T10000017167. They are in the section entitled Site Maps / Documents. We reviewed the Developer’s documents when we received them, which were not fully submitted until December 22, 2021. We needed these documents to complete our review and the directive letter is forthcoming. Please let me know if you need additional information. Regards, _________________________________ Rochelle Y Gaddi, REHS Interim Director Department of Environmental Health County of Santa Clara phone: 408 918-3449 fax: 408 258 5891 mail to: rochelle.gaddi@deh.sccgov.org For More Information on Environmental Health Guidance for Coronavirus visit us at: http://EHinfo.org/coronavirus NOTICE: This email message and/or its attachments may contain information that is confidential or restricted. It is intended only for the individuals named as recipients in the message. If you are NOT an authorized recipient, you are prohibited from using, delivering, distributing, printing, copying, or disclosing the message or content to others and must delete the message from your computer. If you have received this message in error, please notify the sender by return email. From: primadona1@comcast.net <primadona1@comcast.net> Sent: Friday, January 21, 2022 8:19 PM To: District1 <District1@bos.sccgov.org>; Chavez, Cindy <Cindy.Chavez@bos.sccgov.org>; Supervisor.Lee <Supervisor.Lee@BOS.SCCGOV.ORG>; Ellenberg, Supervisor <supervisor.ellenberg@BOS.SCCGOV.ORG>; Supervisor Simitian <Supervisor.Simitian@bos.sccgov.org>; DEHWEB <DEHWEB@deh.sccgov.org> Subject: [EXTERNAL] Please expedite the Vallco's soil removal application Dear Supervisors: Cindy Chavez, Mike Wasserman, Otto Lee, Susan Ellenberg, Joe Simitian, Your mission The mission of the County of Santa Clara is to plan for the needs of a dynamiccommunity, provide quality services, and promote a healthy, safe and prosperouscommunity for all. Please expedite the Vallco’s soil removal application which has been in front of the Department of Environmental Health for months. This delay has been holding up the largest affordable housing project in northern California. We desperately need housing for all segments of our society. The Vallco development will also bring much needed green space and destination retail. We urge the Board of Supervisors and the Department of Environmental Health to expedite this application, so that soil and contaminants can be removed, so that the approved Vallco project can begin! Housing is vital! Please approve the clean-up application. Thank you in advance for supporting a healthy, safe and prosperous community for all, by expediting this application! Donna Austin and Scot Austin Life Long residents of Santa Clara Valley 22283 N. De Anza Circle Cupertino, CA 95014 408-499-9031 Primadona1@comcast.net Scotaustin1@outlook.com From:Gaddi, Rochelle To:Farnejat Cc:Kaahaaina, Jennifer; O"Regan, Gerald Subject:RE: [EXTERNAL] Re: The Vallco soil removal application Date:Tuesday, January 25, 2022 3:40:49 PM Good afternoon Ms Nejat, Thank you for your email below on this important project. To clarify, the application that we received from Vallco Property Owner, LLC is an application requesting regulatory oversight which mentions soil removal as a possible option for addressing onsite contamination at the Vallco project. It is not an application to remove soil, as you indicate below. The County Department of Environmental Health (DEH) approved this application for regulatory oversight when we entered into a remedial action agreement last June 2021 with Vallco Property Owner, LLC. We have been actively working with the Developer since then to establish a comprehensive understanding of the contaminants on the site that may pose a threat to future residents, workers and visitors. This process takes time to complete accurately. We need to establish this understanding of the contamination to ensure the proposed abatement and mitigation plans will be adequate to protect human health. We have completed our review of the most recent data submitted by the Developer in late December 2021. Last week, we had multiple conversations with the Developer’s representative to confirm our understanding of the data and their conclusions. We also presented our conclusions and proposed next steps. A formal directive letter identifying those next steps is in process and due to be issued within a couple of days. All records related to our oversight of the Vallco Town Center development, including the anticipated letter upon issuance, are made available on the publicly accessible GeoTracker website – Global ID T10000017167. They are in the section entitled Site Maps / Documents. We reviewed the Developer’s documents when we received them, which were not fully submitted until December 22, 2021. We needed these documents to complete our review and the directive letter is forthcoming. Please let me know if you need additional information. Regards, _________________________________ Rochelle Y Gaddi, REHS Interim Director Department of Environmental Health County of Santa Clara phone: 408 918-3449 fax: 408 258 5891 mail to: rochelle.gaddi@deh.sccgov.org For More Information on Environmental Health Guidance for Coronavirus visit us at: http://EHinfo.org/coronavirus NOTICE: This email message and/or its attachments may contain information that is confidential or restricted. It is intended only for the individuals named as recipients in the message. If you are NOT an authorized recipient, you are prohibited from using, delivering, distributing, printing, copying, or disclosing the message or content to others and must delete the message from your computer. If you have received this message in error, please notify the sender by return email. -----Original Message----- From: Farnejat <farnejat@yahoo.com> Sent: Sunday, January 23, 2022 7:49 PM To: District1 <District1@bos.sccgov.org>; Chavez, Cindy <Cindy.Chavez@bos.sccgov.org>; Supervisor.Lee <Supervisor.Lee@BOS.SCCGOV.ORG>; supervisor.ellenberg@bos.sccgov.or; Supervisor Simitian <Supervisor.Simitian@bos.sccgov.org>; DEHWEB <DEHWEB@deh.sccgov.org>; Nguyen, The-vu <The-vu.Nguyen@BOS.SCCGOV.ORG>; Suzanne Wheaton <suzanne.wheaton@bos.sccgov.org> Cc: Fariba Dadfarmay Nejat <farnejat@yahoo.com> Subject: [EXTERNAL] Re: The Vallco soil removal application Greetings dear Board of Supervisors and Department of Environmental Health (DEH), Hope all is well and safe! I have been living in Cupertino for over 30 years and I'm writing today because I find it unacceptable that the Vallco soil removal application has been in front of the Department of Environmental Health (DEH) for nine months and there has been NO action taken. Soil removal is a routine process and DEH has taken far too long. The application was initially filed April 15, 2021. DEH's prolonged delay is holding up the largest affordable housing project in the northern half of California, as well as the vibrant community spaces, green space, and destination retail that will be built along with it. We urge the Board of Supervisors and DEH to move this application along immediately so the contaminated soil can be removed and construction can begin on Vallco. Best, Fariba Nejat 408-373-7773 Sent from my iPhone From:Gaddi, Rochelle To:Hemant Buch Cc:Kaahaaina, Jennifer; O"Regan, Gerald Subject:RE: [EXTERNAL] Regarding Vallco Soil removal application approval delay - Urgent Attention request from community Date:Tuesday, January 25, 2022 4:07:54 PM Hello Mr Buch, Please note that this is an iterative process and it is time intensive as it requires necessary document revisions and additional reviews. The developer has been responsive and the communication exchange between the Department of Environmental Health and the Developer’s representative is ongoing. Thank you, _________________________________ Rochelle Y Gaddi, REHS Interim Director Department of Environmental Health County of Santa Clara phone: 408 918-3449 fax: 408 258 5891 mail to: rochelle.gaddi@deh.sccgov.org For More Information on Environmental Health Guidance for Coronavirus visit us at: http://EHinfo.org/coronavirus NOTICE: This email message and/or its attachments may contain information that is confidential or restricted. It is intended only for the individuals named as recipients in the message. If you are NOT an authorized recipient, you are prohibited from using, delivering, distributing, printing, copying, or disclosing the message or content to others and must delete the message from your computer. If you have received this message in error, please notify the sender by return email. From: Hemant Buch <buchhemant@yahoo.com> Sent: Tuesday, January 25, 2022 3:58 PM To: Gaddi, Rochelle <Rochelle.Gaddi@cep.sccgov.org> Cc: Kaahaaina, Jennifer <Jennifer.Kaahaaina@cep.sccgov.org>; O'Regan, Gerald <Gerald.ORegan@cep.sccgov.org> Subject: Re: [EXTERNAL] Regarding Vallco Soil removal application approval delay - Urgent Attention request from community Thanks Gaddi. We will pursue the developer to expedite. I would have thought that developers want to move fast on the project but looks like they still need some work cutout. Hopefully, since you have final papers please expedite. re, Hemant On Tuesday, January 25, 2022, 03:41:59 PM PST, Gaddi, Rochelle <rochelle.gaddi@cep.sccgov.org> wrote: Good afternoon Mr Buch, Thank you for your email below on this important project. To clarify, the application that we received from Vallco Property Owner, LLC is an application requesting regulatory oversight which mentions soil removal as a possible option for addressing onsite contamination at the Vallco project. It is not an application to remove soil, as you indicate below. The County Department of Environmental Health (DEH) approved this application for regulatory oversight when we entered into a remedial action agreement last June 2021 with Vallco Property Owner, LLC. We have been actively working with the Developer since then to establish a comprehensive understanding of the contaminants on the site that may pose a threat to future residents, workers and visitors. This process takes time to complete accurately. We need to establish this understanding of the contamination to ensure the proposed abatement and mitigation plans will be adequate to protect human health. We have completed our review of the most recent data submitted by the Developer in late December 2021. Last week, we had multiple conversations with the Developer’s representative to confirm our understanding of the data and their conclusions. We also presented our conclusions and proposed next steps. A formal directive letter identifying those next steps is in process and due to be issued within a couple of days. All records related to our oversight of the Vallco Town Center development, including the anticipated letter upon issuance, are made available on the publicly accessible GeoTracker website – Global ID T10000017167. They are in the section entitled Site Maps / Documents. We reviewed the Developer’s documents when we received them, which were not fully submitted until December 22, 2021. We needed these documents to complete our review and the directive letter is forthcoming. Please let me know if you need additional information. Regards, _________________________________ Rochelle Y Gaddi, REHS Interim Director Department of Environmental Health County of Santa Clara phone: 408 918-3449 fax: 408 258 5891mail to: rochelle.gaddi@deh.sccgov.org For More Information on Environmental Health Guidance for Coronavirus visit us at: http://EHinfo.org/coronavirus NOTICE: This email message and/or its attachments may contain information that is confidential or restricted. It is intended only for the individuals named as recipients in the message. If you are NOT an authorized recipient, you are prohibited from using, delivering, distributing, printing, copying, or disclosing the message or content to others and must delete the message from your computer. If you have received this message in error, please notify the sender by return email. From: Hemant Buch <buchhemant@yahoo.com> Sent: Saturday, January 22, 2022 5:03 PM To: District1 <District1@bos.sccgov.org>; Chavez, Cindy <Cindy.Chavez@bos.sccgov.org>; Supervisor.Lee <Supervisor.Lee@BOS.SCCGOV.ORG>; Ellenberg, Supervisor <supervisor.ellenberg@BOS.SCCGOV.ORG>; Supervisor Simitian <Supervisor.Simitian@bos.sccgov.org>; DEHWEB <DEHWEB@deh.sccgov.org> Subject: [EXTERNAL] Regarding Vallco Soil removal application approval delay - Urgent Attention request from community Dear Supervisors and Department of Environmental Health (DEH), I'm writing today because I find it unacceptable that the Vallco soil removal application has been in front of the Department of Environmental Health (DEH) for nine months and there has been NO action taken. Soil removal is a routine process and DEH has taken far too long. We have learned that the application was initially filed April 15, 2021. DEH's prolonged delay is holding up the largest affordable housing project in the northern half of California, as well as the vibrant community spaces, green space, and destination retail that will be built along with it. We urge the Board of Supervisors and DEH to move this application along immediately so the contaminated soil can be removed and construction can begin on Vallco. Thank you, Hemant Buch From:Gaddi, Rochelle To:Josh Selo Cc:District1; Chavez, Cindy; Supervisor.Lee; Ellenberg, Supervisor; Supervisor Simitian; Smith, Jeff; Marquez, Miguel; Gallegos, Sylvia; Zientek, Jo; Kaahaaina, Jennifer Subject:Update on Vallco soil removal application Date:Monday, January 24, 2022 7:40:39 PM Dear Mr. Selo, Thank you for your email below on this important project. To clarify, the application that we received from Vallco Property Owner, LLC is an application requesting regulatory oversight which mentions soil removal as a possible option for addressing onsite contamination at the Vallco project. It is not an application to remove soil, as you indicate below. The County Department of Environmental Health (DEH) approved this application for regulatory oversight when we entered into a remedial action agreement last June 2021 with Vallco Property Owner, LLC. We have been actively working with the Developer since then to establish a comprehensive understanding of the contaminants on the site that may pose a threat to future residents, workers and visitors. This process takes time to complete accurately. We need to establish this understanding of the contamination to ensure the proposed abatement and mitigation plans will be adequate to protect human health. We have completed our review of the most recent data submitted by the Developer in late December 2021. Last week, we had multiple conversations with the Developer’s representative to confirm our understanding of the data and their conclusions. We also presented our conclusions and proposed next steps. A formal directive letter identifying those next steps is in process and due to be issued within a couple of days. All records related to our oversight of the Vallco Town Center development, including the anticipated letter upon issuance, are made available on the publicly accessible GeoTracker website – Global ID T10000017167. They are in the section entitled Site Maps / Documents. We reviewed the Developer’s documents when we received them, which were not fully submitted until December 22, 2021. We needed these documents to complete our review and the directive letter is forthcoming. Please let me know if you need additional information. Regards, _________________________________ Rochelle Y Gaddi, REHS Interim Director Department of Environmental HealthCounty of Santa Clara phone: 408 918-3449 fax: 408 258 5891 mail to: rochelle.gaddi@deh.sccgov.org For More Information on Environmental Health Guidance for Coronavirus visit us at: http://EHinfo.org/coronavirus NOTICE: This email message and/or its attachments may contain information that is confidential or restricted. It is intended only for the individuals named as recipients in the message. If you are NOT an authorized recipient, you are prohibited from using, delivering, distributing, printing, copying, or disclosing the message or content to others and must delete the message from your computer. If you have received this message in error, please notify the sender by return email. From: Josh Selo <joshs@wvcommunityservices.org> Sent: Friday, January 21, 2022 4:03 PM To: District1 <District1@bos.sccgov.org>; Chavez, Cindy <Cindy.Chavez@bos.sccgov.org>; Supervisor.Lee <Supervisor.Lee@BOS.SCCGOV.ORG>; Ellenberg, Supervisor <supervisor.ellenberg@BOS.SCCGOV.ORG>; Supervisor Simitian <Supervisor.Simitian@bos.sccgov.org>; DEHWEB <DEHWEB@deh.sccgov.org> Subject: [EXTERNAL] Update on Vallco soil removal application Dear Supervisors and Department of Environmental Health (DEH), I'm writing today to inquire about the Vallco soil removal application that was submitted to the Department of Environmental Health (DEH) nine months ago. Is there any update or action on this application? The application was initially filed April 15, 2021, and every day that passes delays the forward movement of the largest affordable housing project in the northern half of California. I urge the Board of Supervisors and DEH to move this application along immediately so the contaminated soil can be removed and construction can begin on Vallco. Thank you so much for all you do to support our region. Sincerely, Josh (Pronouns: he, his, him) Article: Why I Put Pronouns on my Email Signature ------ Josh Selo, MBA, CFRE Executive Director West Valley Community Services 10104 Vista Drive, Cupertino, CA 95014 Direct: 408.956.6113 | Main: 408.255.8033 | Fax: 408.366.6090 Please donate to help the hungry and unhoused in our communities. Facebook | Twitter | Instagram | YouTube | LinkedIn | WVCS Blog Website | Chefs of Compassion | WVCS in The News From:Gaddi, Rochelle To:Kaahaaina, Jennifer; O"Regan, Gerald Subject:FW: Vallco Soil Removal Application Date:Tuesday, January 25, 2022 3:49:20 PM Attachments:image001.png image002.png image003.png image004.png From: Gaddi, Rochelle Sent: Tuesday, January 25, 2022 3:36 PM To: Keith Warner <keith@pacificworkplaces.com> Subject: RE: Vallco Soil Removal Application Good afternoon Mr Warner, Thank you for your email below on this important project. To clarify, the application that we received from Vallco Property Owner, LLC is an application requesting regulatory oversight which mentions soil removal as a possible option for addressing onsite contamination at the Vallco project. It is not an application to remove soil, as you indicate below. The County Department of Environmental Health (DEH) approved this application for regulatory oversight when we entered into a remedial action agreement last June 2021 with Vallco Property Owner, LLC. We have been actively working with the Developer since then to establish a comprehensive understanding of the contaminants on the site that may pose a threat to future residents, workers and visitors. This process takes time to complete accurately. We need to establish this understanding of the contamination to ensure the proposed abatement and mitigation plans will be adequate to protect human health. We have completed our review of the most recent data submitted by the Developer in late December 2021. Last week, we had multiple conversations with the Developer’s representative to confirm our understanding of the data and their conclusions. We also presented our conclusions and proposed next steps. A formal directive letter identifying those next steps is in process and due to be issued within a couple of days. All records related to our oversight of the Vallco Town Center development, including the anticipated letter upon issuance, are made available on the publicly accessible GeoTracker website – Global ID T10000017167. They are in the section entitled Site Maps / Documents. We reviewed the Developer’s documents when we received them, which were not fully submitted until December 22, 2021. We needed these documents to complete our review and the directive letter is forthcoming. Please let me know if you need additional information. Regards, _________________________________ Rochelle Y Gaddi, REHS Interim Director Department of Environmental Health County of Santa Clara phone: 408 918-3449 fax: 408 258 5891 mail to: rochelle.gaddi@deh.sccgov.org For More Information on Environmental Health Guidance for Coronavirus visit us at: http://EHinfo.org/coronavirus NOTICE: This email message and/or its attachments may contain information that is confidential or restricted. It is intended only for the individuals named as recipients in the message. If you are NOT an authorized recipient, you are prohibited from using, delivering, distributing, printing, copying, or disclosing the message or content to others and must delete the message from your computer. If you have received this message in error, please notify the sender by return email. From: Keith Warner <keith@pacificworkplaces.com> Sent: Monday, January 24, 2022 3:17 PM To: Chavez, Cindy <Cindy.Chavez@bos.sccgov.org>; District1 <District1@bos.sccgov.org>; Supervisor.Lee <Supervisor.Lee@BOS.SCCGOV.ORG>; Ellenberg, Supervisor <supervisor.ellenberg@BOS.SCCGOV.ORG>; Supervisor Simitian <Supervisor.Simitian@bos.sccgov.org>; DEHWEB <DEHWEB@deh.sccgov.org> Subject: [EXTERNAL] Vallco Soil Removal Application Dear Supervisors and Department of Environmental Health, I recently became aware of the fact that the Vallco soil removal application has been in front of the Department of Environmental Health (DEH) for over 9 months and there has not been any action taken. Soil removal seems to me to be a routine process and DEH has taken way too long. I understand the application was initially filed April 15, 2021. DEH's prolonged delay is holding up the largest affordable housing project in the northern half of California, as well as the green space, vibrant community spaces, and retail that will be built along with it. Instead, all we continue to have is an unproductive eye sore in the middle of our city. I urge the Board of Supervisors and DEH to move this application along as soon as possible so the contaminated soil can be removed and Vallco can begin their construction. Many of us in the city (and around the Bay Area) are looking forward to shopping, dining, and meeting with friends in what will be a world class community destination! Regards, Keith Keith Warner South Bay Managing Partner 408-973-7800 PacificWorkplaces.com Keith@PacificWorkplaces.com | From:Gaddi, Rochelle To:Kelli Richards Cc:Kaahaaina, Jennifer; O"Regan, Gerald Subject:RE: [EXTERNAL] Regarding Vallco soil removal application Date:Tuesday, January 25, 2022 3:48:42 PM Good afternoon Ms Richards, Thank you for your email below on this important project. To clarify, the application that we received from Vallco Property Owner, LLC is an application requesting regulatory oversight which mentions soil removal as a possible option for addressing onsite contamination at the Vallco project. It is not an application to remove soil, as you indicate below. The County Department of Environmental Health (DEH) approved this application for regulatory oversight when we entered into a remedial action agreement last June 2021 with Vallco Property Owner, LLC. We have been actively working with the Developer since then to establish a comprehensive understanding of the contaminants on the site that may pose a threat to future residents, workers and visitors. This process takes time to complete accurately. We need to establish this understanding of the contamination to ensure the proposed abatement and mitigation plans will be adequate to protect human health. We have completed our review of the most recent data submitted by the Developer in late December 2021. Last week, we had multiple conversations with the Developer’s representative to confirm our understanding of the data and their conclusions. We also presented our conclusions and proposed next steps. A formal directive letter identifying those next steps is in process and due to be issued within a couple of days. All records related to our oversight of the Vallco Town Center development, including the anticipated letter upon issuance, are made available on the publicly accessible GeoTracker website – Global ID T10000017167. They are in the section entitled Site Maps / Documents. We reviewed the Developer’s documents when we received them, which were not fully submitted until December 22, 2021. We needed these documents to complete our review and the directive letter is forthcoming. Please let me know if you need additional information. Regards, _________________________________ Rochelle Y Gaddi, REHS Interim Director Department of Environmental Health County of Santa Clara phone: 408 918-3449 fax: 408 258 5891 mail to: rochelle.gaddi@deh.sccgov.org For More Information on Environmental Health Guidance for Coronavirus visit us at: http://EHinfo.org/coronavirus NOTICE: This email message and/or its attachments may contain information that is confidential or restricted. It is intended only for the individuals named as recipients in the message. If you are NOT an authorized recipient, you are prohibited from using, delivering, distributing, printing, copying, or disclosing the message or content to others and must delete the message from your computer. If you have received this message in error, please notify the sender by return email. From: Kelli Richards <kelli@allaccessgroup.com> Sent: Saturday, January 22, 2022 9:35 AM To: District1 <District1@bos.sccgov.org>; Chavez, Cindy <Cindy.Chavez@bos.sccgov.org>; Supervisor Simitian <Supervisor.Simitian@bos.sccgov.org>; Supervisor.Lee <Supervisor.Lee@BOS.SCCGOV.ORG>; DEHWEB <DEHWEB@deh.sccgov.org>; Ellenberg, Supervisor <supervisor.ellenberg@BOS.SCCGOV.ORG> Subject: [EXTERNAL] Regarding Vallco soil removal application Dear Supervisors and Department of Environmental Health (DEH): As a lifelong resident of Cupertino, I’m writing today because I find it absolutely unacceptable that the Vallco soil removal application has been in front of the DEH for nine months and there has been NO action taken. Soil removal is a routine process and the DEH has taken far too long, and are holding up the process of moving the Vallco project along. The application was initially filed April 15, 2021. DEH’s prolonged delay again is holding up the largest affordable housing project in Northern California, as well as the vibrant community spaces, green space, and destination retail that will be built along with it. We’ve been waiting YEARS for the project to be able to move forward; the large empty lot is a blight on our city — which, as a former Apple exec, is unconscionable for a city that drives innovation globally. I urge the Board of Supervisors and the DEH to move this application along immediately and without further delay so that the contaminated soil can be removed and construction can proceed on Vallco. Thank you, Kelli Richards Cupertino citizen ------ **************************** Kelli Richards President & CEO The All Access Group LLC ===================== 20660 Stevens Creek Blvd. Suite 264 Cupertino, CA 95014 Ph 408.257.6155 Cel 408.857.2960 E-M “kelli@allaccessgroup.com” URL: www.kellirichards.com ***************************** BIG VISIONS * BIG CONNECTIONS * BIG RESULTS (I work on cool projects with cool people) Honored as a “Top 100 Woman of Influence” by Silicon Valley Business Journal From:Gaddi, Rochelle To:go2ml99@gmail.com Cc:Kaahaaina, Jennifer; O"Regan, Gerald Subject:RE: [EXTERNAL] Time for Vallco Date:Tuesday, January 25, 2022 3:37:42 PM Good afternoon Mr Lashen, Thank you for your email below on this important project. To clarify, the application that we received from Vallco Property Owner, LLC is an application requesting regulatory oversight which mentions soil removal as a possible option for addressing onsite contamination at the Vallco project. It is not an application to remove soil, as you indicate below. The County Department of Environmental Health (DEH) approved this application for regulatory oversight when we entered into a remedial action agreement last June 2021 with Vallco Property Owner, LLC. We have been actively working with the Developer since then to establish a comprehensive understanding of the contaminants on the site that may pose a threat to future residents, workers and visitors. This process takes time to complete accurately. We need to establish this understanding of the contamination to ensure the proposed abatement and mitigation plans will be adequate to protect human health. We have completed our review of the most recent data submitted by the Developer in late December 2021. Last week, we had multiple conversations with the Developer’s representative to confirm our understanding of the data and their conclusions. We also presented our conclusions and proposed next steps. A formal directive letter identifying those next steps is in process and due to be issued within a couple of days. All records related to our oversight of the Vallco Town Center development, including the anticipated letter upon issuance, are made available on the publicly accessible GeoTracker website – Global ID T10000017167. They are in the section entitled Site Maps / Documents. We reviewed the Developer’s documents when we received them, which were not fully submitted until December 22, 2021. We needed these documents to complete our review and the directive letter is forthcoming. Please let me know if you need additional information. Regards, _________________________________ Rochelle Y Gaddi, REHS Interim Director Department of Environmental Health County of Santa Clara phone: 408 918-3449 fax: 408 258 5891 mail to: rochelle.gaddi@deh.sccgov.org For More Information on Environmental Health Guidance for Coronavirus visit us at: http://EHinfo.org/coronavirus NOTICE: This email message and/or its attachments may contain information that is confidential or restricted. It is intended only for the individuals named as recipients in the message. If you are NOT an authorized recipient, you are prohibited from using, delivering, distributing, printing, copying, or disclosing the message or content to others and must delete the message from your computer. If you have received this message in error, please notify the sender by return email. From: go2ml99@gmail.com <go2ml99@gmail.com> Sent: Monday, January 24, 2022 9:12 AM To: District1 <District1@bos.sccgov.org>; Chavez, Cindy <Cindy.Chavez@bos.sccgov.org>; Supervisor.Lee <Supervisor.Lee@BOS.SCCGOV.ORG>; Ellenberg, Supervisor <supervisor.ellenberg@BOS.SCCGOV.ORG>; Supervisor Simitian <Supervisor.Simitian@bos.sccgov.org>; DEHWEB <DEHWEB@deh.sccgov.org> Subject: [EXTERNAL] Time for Vallco Dear Supervisors and Department of Environmental Health I'm writing today as a Cupertino resident and business owner since 1987 , because I find it unacceptable that the Vallco soil removal application has been in front of the Department of Environmental Health (DEH) for nine months and there has been NO action taken. Soil removal is a routine process and DEH has taken far too long. The application was initially filed April 15, 2021. DEH's prolonged delay is holding up the largest affordable housing project in the northern half of California, as well as the vibrant community spaces, green space, and destination retail that will be built along with it. We urge the Board of Supervisors and DEH to move this application along immediately so the contaminated soil can be removed and construction can begin on Vallco. Thank you for your continued service to our region, Sincerely, Michael A. Lashen From:Gaddi, Rochelle To:Richard Lowenthal Cc:Kaahaaina, Jennifer; O"Regan, Gerald Subject:RE: [EXTERNAL] Vallco is stuck Date:Tuesday, January 25, 2022 3:46:42 PM Good afternoon Mr Lowenthal, Thank you for your email below on this important project. To clarify, the application that we received from Vallco Property Owner, LLC is an application requesting regulatory oversight which mentions soil removal as a possible option for addressing onsite contamination at the Vallco project. It is not an application to remove soil, as you indicate below. The County Department of Environmental Health (DEH) approved this application for regulatory oversight when we entered into a remedial action agreement last June 2021 with Vallco Property Owner, LLC. We have been actively working with the Developer since then to establish a comprehensive understanding of the contaminants on the site that may pose a threat to future residents, workers and visitors. This process takes time to complete accurately. We need to establish this understanding of the contamination to ensure the proposed abatement and mitigation plans will be adequate to protect human health. We have completed our review of the most recent data submitted by the Developer in late December 2021. Last week, we had multiple conversations with the Developer’s representative to confirm our understanding of the data and their conclusions. We also presented our conclusions and proposed next steps. A formal directive letter identifying those next steps is in process and due to be issued within a couple of days. All records related to our oversight of the Vallco Town Center development, including the anticipated letter upon issuance, are made available on the publicly accessible GeoTracker website – Global ID T10000017167. They are in the section entitled Site Maps / Documents. We reviewed the Developer’s documents when we received them, which were not fully submitted until December 22, 2021. We needed these documents to complete our review and the directive letter is forthcoming. Please let me know if you need additional information. Regards, _________________________________ Rochelle Y Gaddi, REHS Interim Director Department of Environmental Health County of Santa Clara phone: 408 918-3449 fax: 408 258 5891 mail to: rochelle.gaddi@deh.sccgov.org For More Information on Environmental Health Guidance for Coronavirus visit us at: http://EHinfo.org/coronavirus NOTICE: This email message and/or its attachments may contain information that is confidential or restricted. It is intended only for the individuals named as recipients in the message. If you are NOT an authorized recipient, you are prohibited from using, delivering, distributing, printing, copying, or disclosing the message or content to others and must delete the message from your computer. If you have received this message in error, please notify the sender by return email. -----Original Message----- From: Richard Lowenthal <richard@lowenthal.com> Sent: Saturday, January 22, 2022 12:07 PM To: District1 <District1@bos.sccgov.org>; Chavez, Cindy <Cindy.Chavez@bos.sccgov.org>; Supervisor.Lee <Supervisor.Lee@BOS.SCCGOV.ORG>; Ellenberg, Supervisor <supervisor.ellenberg@BOS.SCCGOV.ORG>; Supervisor Simitian <Supervisor.Simitian@bos.sccgov.org>; DEHWEB <DEHWEB@deh.sccgov.org> Subject: [EXTERNAL] Vallco is stuck Dear Supervisors and Department of Environmental Health, I’m writing today because the Vallco soil removal application has been in front of the Department of Environmental Health for nine months, there has been no action taken, and we need your help to get this project going. Soil removal is a routine process and this approval has taken far too long, having been initially filed on April 15, 2021. This prolonged delay is holding up the largest affordable housing project in Northern California as well as the vibrant community spaces, green space, and destination retail the will be built along with it. On behalf of the Cupertino community, I urge the Board of Supervisors and DEH to move this application along immediately so that the contaminated soil can be removed and construction can begin at Vallco. Thank you for your consideration, Richard Lowenthal Former Mayor of Cupertino Founding CEO of ChargePoint