From: Mark Brest van Kempen <>

Date: March 22, 2005 3:06:38 PM PST

To: <>, "Osalbo, Faustino Jun" <>

Cc: "Brooks, Desley" <>, "Nadel, Nancy" <>, "Uzegbu, Marcel" <>, "Estes, Lesley" <>, "Schwarz, Alison" <>, <>, <>, <>, "Neary, Mike" <>, Office of the Mayor <>, <>, <>, "Ward, Ron (PWA)" <>, "Lau, David W" <>, "Sweiss, Fuad" <>, <>, <>, Ralph Kanz <>, william madison <>, pink nose peterson <>, steve leikin <>

Subject: Status of Chimes Creek

I just wanted to let everyone know that it appears that Chimes Creek is experiencing more severe flash floods during rainstorms than earlier in the season. We are having one right now. This would be consistent with the fact that all the run off from the Ridgemont development that used to infiltrate the ground in Leona Quarry has now been piped directly into Chimes Creek. I have been losing a great deal of land from erosion and last week my neighbor's gigantic Acacia tree growing in the Creek bank came crashing down in my yard.

For the past twenty years the City has repeatedly approved development projects that have used Chimes Creek as part of these projects' storm drain system. This has greatly increased the flow in the Creek. During this time the City has refused to take any responsibility for its use of the Creek as part of its infrastructure. The approval of the Leona Quarry project without any resources allocated for creek protection or restoration even though it is being used as part of the storm drain system for this project is just the latest example of this pattern.

If the City wants to use Chimes Creek as part of its storm drain system it has some responsibility to maintain the form and function of the Creek. Conversely, if the City does not have the resources or the will to help maintain the Creek it has ABSOLUTELY NO RIGHT to use the Creek as part of its storm drain system.

Mark Brest van Kempen

3835 Delmont Ave

Oakland CA 94605

510 568 6889