To: City of Cupertino, City Manager Dave Knapp

10300 Torre Avenue
Cupertino, CA 95014-3232

December 05, 2007

From: Fatekh Vergasov

Subject: 21921 McClellan Road, Cupertino CA 95014

Dear sir,

I am any not the enemy of my City. My concern is to help City not to be manipulated and made fool by some unfair City’s employees… So, here is my story…

Before I start replace old fence I collected my neighbors signatures for that. We all neighbors (8 of us) agreed to erect new 6’ fence.

I visited Community Development Department several times, almost every 3-5 days, trying to get more specific details about my future project (at that time fence replacement was only part of it).

So, my project intension to create more security and safety for all of 8 neighbors was for Community Development Department neither “Rocket science” nor “Top secret of America”, anyway

By advice of Building department representative I discussed “Fire safety questions” with Santa Clara Fire marshal, who was there at the moment. We started conversation at the front desk after that we went inside the Building department office and talk about Fire safety matter of my future house. First my question was: “Does my existing gate width (13’) conforms Fire code?”. “Code require 12’ not width, but clearance” – was answer… For more specific details of the Fire department requirements I visited Santa Clara Fire department and had consultations from another Fire marshal and top officers of the office

At October 05, 2004 Community Development Department receptionist advised me to talk about my small utility wall project with Building department representative and I did so… I show him my drawing and made small sketch. Planning department representative, who took a look over said drawing and sketch initially made only one notice: “You should take in your consideration that City established New property line 10’ away from existing one”.  

In the common “building language” such notice meant: “All structures both existing and future should be moved 10’ away from the street. It was mutual understanding of all us: Building and Planning Department representatives and me that existing metal gate should be moved 10’ back from the street, as well as sewer line cleanout and backflow valve. I took said notice very seriously as usual, i.e. like unconditional order of the City…

Meanwhile Building department representative advice me to re-draw my sketch and put on it said “New property line”. Next day I brought new sketch, Building Department representative put his 21’ notice on it and I got “Building permit”. Very standard situation, i.e. nothing foretold a dirty trick…

What has occurred actually? Panning Department made mistake changing existing Reference point 10’ away from existing Property line.  Under such wrong leading and service I started project job, spent more than $60,000 and more than year for that and finally was found by some employee of the Planning Department as criminal and I was treated like punk…

At the beginning of 2007 after I made couple critics regarding project of my neighbor at 21926 Dolores avenue some Planning Department non properly authorized employee started some kind of vendetta war under slogan “We shall teach you, stranger!” and suddenly raises question: “Your new gate is illegal”.

My several attempts to establish peace gave nothing but rudeness, insults, nuisance, etc. accompanied with black mails, etc. Now Planning Department insists that I should pass throw the DRC and Fence exclusion process… Well, I still don’t understand why I should spend time and money for somebody’s mistake and not good service, provided?

That’s why would you, please:

1. Create ad-hoc commission to make special internal investigation of the mess created exclusively by employees of Planning Department in vendetta goals and purpose. It will be useful to know who create squabble and nuisance for City and City customers, who gave me wrong direction without full disclosure of the situation.

For sure I do know that as customer I have right for service at the top quality possible without any exclusion… For sure I know principle: if I have right, somebody must have duty to make my right work. So we have to know who didn’t provide such service for me and why?  

2. We need to investigate why I was not invited to the Planning commission, when project of 21926 Dolores avenue was disputed, discussed and approved. Planning department simply aborted my right to participate in this. Planning commission made it’s decision without full information necessary, i.e. said commission was made a fool. So, 21926 Dolores avenue “Building permit” looks not 100% legal

3. In case DRC and Fence exclusion process will be found as necessary to meet requirements of so called “juridical technique” or similar very impotent matter, set me free of any charges and fees, because there is no my fault in situation created solely by not properly authorized employee of the Planning Department.

I’m always ready to help said commission and you, just let me know

Sincerely yours

Fatekh Vergasov
December 11, 2007 - Chief of Community Development Department board decission

Cupertino

pseudology.org