From: Mark Brest van Kempen <mbvk@sbcglobal.net>
Date: October 27, 2004 11:07:46 AM PDT
To: "Osalbo, Faustino Jun" <fosalbo@oaklandnet.com>
Cc: <dbrooks@oaklandnet.com>, <nnadel@oaklandnet.com>, <muzegbu@oaklandnet.com>, <rward@oaklandnet.com>, <khl@rb2.swrcb.ca.gov>, <friendsof2creeks@yahoogroups.com>, <lcasey@angnewspapers.com>, <nannystu@pacbell.net>, <officeofthemayor@oaklandnet.com>, <farwesteng@aol.com>, <tcaspers@cctimes.com>, <aschwarz@oaklandnet.com>
Subject: [Friendsof2Creeks] Chimes Creek
Jun
Chimes Creek is silty again today as it was yesterday. I understand that you have determined that yesterday's discharge was a violation of the terms of agreement for this project. I understand that each day of violation is subject to a $5,000 fine.
I am expecting the City to fine the developer for yesterday's discharge. If you determine that today's discharge is also a violation I will expect the City to fine the developer for this violation as well. I will let you know what the creek looks like tomorrow.
I understand that you determined that the developer was also responsible for illicit discharges into City storm drain for four days last week. I understand that the City is neglecting to fine the developers for these violations.
Because the City is apparently negligent in fining violations they have removed any incentive for the developer to abide by the terms of agreement for this project.
Mark Brest van Kempen
3835 Delmont Ave
Oakland
CA
94605
510 568 6889