From: Mark Brest van Kempen <>
Date: January 3, 2005 12:03:13 PM PST
To: "Osalbo, Faustino Jun" <>
Cc: "Brooks, Desley" <>, "Nadel, Nancy" <>, "Uzegbu, Marcel" <>, "Estes, Lesley" <>, "Schwarz, Alison" <>, <>, <>, <>, <>, "Neary, Mike" <>, <>, Office of the Mayor <>, <>, chiye azuma <>, "Ward, Ron (PWA)" <>, "Lau, David W" <>, "Sweiss, Fuad" <>

Subject: detention ponds spills for the new year

The detention pond once again overflowed on Sunday Jan 2 discharging water that exceeds State levels of turbidity for this project into Chimes Creek and the Bay.

If the detention pond is now finally functioning as designed and intended then it was apparently designed and intended to periodically exceed the acceptable discharge levels set by the State. Since this seems to be the case, the City has no alternative other than to fine the developers each time the detention pond discharges water with turbidity levels that exceed State guidelines.

If the City does not fine the developer for these discharges I believe that it is once again neglecting its responsibility for properly overseeing this project.

Mark Brest van Kempen
3835 Delmont Ave
Oakland CA 94605
510 568 6889