From: Chiye Azuma <>
Date: September 23, 2004 12:41:53 AM PDT
Subject: [Friendsof2Creeks] Leona Quarry Sep 19, 2004

Dear Desley,

Thanks for updating us on your efforts to advocate on our behalf. 

As you know, we - the residents of Chimes Creek - have been asking for your support and input in this matter since grading activities began up at the Quarry in early April of this year.  We are hoping that after these six months you no longer think of us as "confused nitpickers" who should back off from expressing our alarm at the reckless and illegal construction practices at the Quarry and "let the experts do their job."  As you suggested we do, we continue to monitor the creek and continue to keep a log of "violations" and helplessly watch the continual degradation of Chimes Creek.  We have also been trying, without much success - and without your support - to confirm with the City's engineers that the Project is being constructed in compliance with the Conditions of Approval and the Mitigation and Monitoring Plan.  We have met with a lot of stonewalling, denials and false statements, such as "oh, that particular condition was superseded by the Settlement."

The fact that the contractor/developer failed to provide any barrier to prevent the muddy runoff onto Edwards Ave. during Sunday's shower (despite having a healthy stack of straw bales stashed to the side of the gate) is only so typical of the blatant disregard that this contractor has repeatedly shown for basic stormwater pollution prevention practices.  Even without a creek on site, construction sites are required to prevent sediment laden runoff from their properties.  As your staff member has noted, there is no excuse for what happened on Sunday, and so, our question is why has the contractor been excused from paying a fine?  If I went and dumped a load of dirt into a storm drain, I have no doubt that I would have to pay for my crime.  Thanks to all the informative literature that the City's Creek Protection Ordinance provides to us homeowners living along the Creek, we are all very aware of what is, and what is not, appropriate.  This is not rocket science;  this is not complicated;  and there is no confusion here.

Again, I wish to make clear to you that we are NOT trying to prevent this development from happening.  But we do expect that this developer will follow the laws and requirements as any other business would in the City of Oakland , and we do expect that you, as our council representative, will act as our advocate. 

We have been waiting for nearly two months for your office to host a meeting for the neighbors that are affected by the polluted and increased runoff in the Creek.  There are many of us that are anxious to know that you are there for us.  Mr. Uzegbu has indicated that the approval of the Final Map is scheduled for mid October before City Council.  If that is the case, we would strongly urge you to come and listen to our concerns and meet with us before that approval is even considered.

Thank you,

Chiye Azuma