06 ATTACHMENT 1-5 - Laserfiche WebLink

Since we are here, I was originally going to build the fence out of chain link to match the existing fence along that property line but in one thirty-day period after erecting temporary construction safety fence Haps personnel destroyed it on two occasions including using some form of power saw to cut it to pieces. This was done after Mr. Madden was given a personal tour of the surveyed property corners and shown where the permanent fence was to be placed. As you have been informed, Mr. Madden, whom you and Nelson so vehemently defend, was at the site at least two more times, one being the Friday before the fence was built and the Monday directly after. On the Friday visit the masonry block was there and the continuous footing was poured plus a week or so before Madden was told directly by my contractor at another community function, that a "solid wall type fence with no openings "was going to be built. Madden was informed and chose to do and say nothing lodging no formal protest until 7/10/07 over a year later. ff, as you contest, the fence construes a major modification to our PUD why didn't you or Mr. Madden post a appeal as the time limit far such appeal did not run for another four or five days after you, Nelson and Madden were at the site and had discovered that the fence had indeed been submitted, approved and permitted by city staff? Jerry, in closing, and as previously stated in this and other writings, - I am still willing to permit Pleasanton Garbage Service to enter my property for the purpose of collecting the Haps containers as often as is necessary using a pass key. No other Haps vendor or personnel will be permitted to use the gate that I have provided and the gate will remain locked at all times when not being used by PGS. This service is at my discretion as Haps can absolutely roll 90 gallon garbage cans to the curb on W. Neal on a daily basis as other businesses in the down town do. They need to learn to be good neighbors. - I have installed in the fence, at my expense, for Pleasanton Fire Department use, a Knox box for which I will provide an additional key for emergency Fire personal to access their property. - I will now allow Madden and Haps use of the sewer line that I paid to have installed to the Haps southern property line at no cost to them so long as that they only use it for their trash and mat washing area as described in their 1999 conditions of approval #10 (which they are currently in violation) - I will install "no exit "signs in English and Spanish on the Haps side of my gate - In exchange I shall not be sent any of Haps storm water or garbage and sewage affluent over the surface of my property. Haps and Madden shall repair their grading and drainage to the 1967 plan sending their storm water to W. Neal Street as required by their zoning permit (see attached) - I get direct answers from staff to the questions asked in this and previously sent letters - I do not consent to my Planed Unit Development being reopened for review at a public hearing. Should this happen I will start from the beginning with the negotiations. A That Staff, Madden, Maroon Bear and Connors respond directly in writing and we avoid any more reneging on verbal agreements. The City of Pleasanton is not a legal service and should not be spending public funds representing the civil interests of the Madden Family land holdings. This issue, at best, is a civil matter. The above offer of compromise is fair and in fact helpful to the property owner, Madden, and gives Haps the convenience of not having to take their garbage to the curb on a daily basis. This proposal would not require a public hearing and I will have my drainage concerns resolved. As the City of Pleasanton is not vested with the authority to adjudicate the existence of prescriptive rights and we have the right to exclude uninvited visitors from our land as indicated in the case law that I have attached for your review. This matter becomes civil should Madden and Connors not agree to my offer. Sincerely, y Mitchell Pereira cc Nelson Fialho Michael Madden enclosures (15)