06 ATTACHMENT 1-5 - Laserfiche WebLink

Railroad Square Partners 620 East Angela Street Pleasanton CA 94566 2 October, 2007 Mr. Jerry Iserson Director of Planning and Community Development City of Pleasanton 200 Old Bernal Pleasanton CA 94566 Re; Railroad /Haps property line Dear Mr. Iserson In follow up to our site meting of September 20 and your a-mail to me an September 26, 2007 I have the following comments, assertions and conditional offer of compromise for the on going fence line dispute with Michael Madden /Haps . As for our one on one site meeting at 55 W. Angela on the 20'~ of last month, I understood from our discussion that the previously reached agreement with Nelson Fialho and Michael Madden, where as I would cut a hole through the fence and install a gate for the purpose of Pleasanton Garbage Service garbage collection from Haps rear yard is now off the table even though I have completed the work. As this requested work was addressed in an a-mail from Nelson to me on 6/28/06 (attached) and later consummated in a group meeting with Nelson, Madden and myself, I can't tell you how disappointed I am that they have gone back on their word. I further understand from you that I must now give Madden / Haps a permanent right of access through the fence for emergency ingress and egress, reconstruct my new gate to meet code for this purpose and grant the perpedial leased use of one of my newly constructed garbage containment areas for their sole use or they will sue the city and our partnership for these rights. I also understood you to state how much more money they have than I do! Are you insinuating that I could never prevail with such a financial imbalance in resources? In your follow up a-mail of 9/26107 you are appreciative tUat I would consider these alternatives and write "I really believe that it would be many times worse if we daunt get this done ourselves and wind up before the Planniug Commission and City Council". Do you know this because it is you and Nelson that will write the staff reports and have you all ready primed and polled the Commissioners and Council? I consider these comments as coercive veiled threats on your part and not conducive to solving the problem at hand. Jerry, no one likes to be threatened. Mr. Fialho and several directly associated development and building department staff members have repeatedly reminded me through out the last year that the project would not receive a building final and none of the tenants would be allowed to occupancy unless tbe dispute with Haps and Madden was resolved. This was unbelievable to me, because not only did staff recommend the wall as a viable solution to my problem with Haps, they approved it. When asked to compromise by cutting a hole into the wall and installing a gate for Haps garbage pickup. I did that. I believe that the numerous additional threats of my project being held up was directed by Nelson as the staff members in question do not seen to have a stake in the issue and were only the messenger. In an early meeting when I asked Nelson what the protocol was for an after the fact appal as I could not find it in our municipal code he stated, and I quote him here, " I make the Hiles and I set the bar, lets get that straight" and when I asked you the same question a few days ago you stated, "there is nothing in the code. We just feel that we should do this". I think that you and Nelson believe your comments to be true but, I believe that the two of you stand alone. I have spoken to many of the city staff that do not concurs As I would not consider myself a particularly wealthy man it is a fact that a great deal of my and umy partners chips are in this project and should have these threats been carried through with on your part it would in fact been financially devastating to me. I cannot tell you how emotionally distraught this has made me for the last year let alone the long term physical damage it has caused me. At this point every time I receive a phone call beginning with 931 it literally makes me sick to my stomach. From hence forward do not phone me again and please pass that instruction along to all of the staff. Please use a-mail or letter.