From: Mark Brest van Kempen <>
Date: October 27, 2004 11:07:46 AM PDT
To: "Osalbo, Faustino Jun" <>
Cc: <>, <>, <>, <>, <>, <>, <>, <>, <>, <>, <>, <>
Subject: [Friendsof2Creeks] Chimes Creek

 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