From: Chiye Azuma []
Sent: Monday, January 03, 2005 12:41 AM
To:; Osalbo, Faustino Jun
Cc: Ward, Ron (PWA);; Sweiss, Fuad; Uzegbu, Marcel; Office of the Mayor; Schwarz, Alison;; Tricia Caspers;; 'Mark Brest van Kempen'; Brooks, Desley; Nancy Sidebotham; Lau, David W; Neary, Mike; Estes, Lesley; Nancy Nadel;; Julie Gantenbein

Subject: Re: detention ponds spill again

Dear Jun,

Thanks for your hard work on keeping an eye on the construction site. With the massive temporary measures in place, it appears that the runoff is somewhat under control but the situation seems very precarious each time we are visited by a storm. Given that the contractor had to make yet another adjustment in the outflow window of the detention pond as recently as Dec 10, I was taken aback by your assertion that the detention pond is functioning as designed and intended.

According to the SWPPP that was on file in October when staff was recommending approval of the final map to Council, the detention pond was supposed to be completed before the rainy season started on October 15. There were no plans for the temporary filtration pond, no provisions for the baker tanks, and certainly no plans for the additional holding ponds that you created in the "upper bowl" area to hold back the runoff. So how is it that the detention pond is "functioning as designed and intended"? What design and what intention? Is there a new phasing plan for the detention pond when the outflow window will be lowered again and the standpipe removed? What has the peer reviewer said about those changes, or have they been making any recommendations?

As you know, we have been waiting very patiently for Marcel Uzegbu to send us the ongoing peer review and monitoring reports by the peer reviewer, Phillip Williams Associates. We've been waiting for copies of these reports to be made public since Sparky Carranza requested them last year in September. I recall following up with Marcel about them when we met on Nov 16, and he said that he was in the process of putting them on the website. As of this date, I am not aware that he has followed up on that, so I am becoming quite curious as to why there's been such delay and avoidance. For your info, I've copied the thread of messages about these reports to refresh Mr Uzegbu's memory and whoever else who is trying to tell us that the detention pond is functioning as designed and intended. Because Mr Uzegbu has so far been unable to deliver these reports to us, how are we to know what the design and function of the detention pond is supposed to be?

Do we need to ask for help from the City Attorney's office again to gain access to information that was promised to us months ago? I am hoping that we won't have to, and I am asking for your help in getting us these reports before Wednesday, Jan 5 - - certainly a good way to start out the new year.