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Railroad SquarePartners <br />55 V1Cest:/kngela Streef <br />Pleasanton GA 94566 <br />9 August 2.007 <br />Mr. Nelson Fialho <br />City- Manager <br />City of Pleasanton <br />123 Maim St _ " <br />Pleasanton CA .94566 <br />Re: Red Bear Property Management Request for Enforcement. ~ . <br />Dear Mr:. Fialho: <br />I have been contacted by-your staff and ain in receipt of Michael 1hladden's letter fo Mayor Hosterman <br />dated. l0 iuly, 2007 in which he requests that the City remove tlie~ concretemasonry wall that .. <br />separates the fear portion of his'property at 12~ W Neal St and:aur.property at 3.0 W Neal St/ SS. W <br />Angela St. , <br />Wliiie. ~I greatly appreciate your office's efforts .to find solutions'to` the Madden. / Haps. complaints; .it is'.. <br />they that remain an impediment to the .resolution, not. you and' me: I stand by the agreement-that you <br />and l reached`in. otir last meeting at your office: As agreed: 1). At our expense, we will furnish an <br />adequately sized gate; in the wall for the sole use. of Pleasanton Garbage personnel in. order to collect <br />the Hap's trash. (now complete}. Pleasanton Garbage has. agreed to collect refuse from ttie inside of the <br />" new Hap's enclosure: 2). Lap's may tie into out' sewer system that I have had' installed. to the common <br />property line near their trash location: The prerequisite, would lse.tliat:theypay the 800 dollar <br />construction costs and install-a proper code requu`ed. oil /water: separator: They would first collect <br />their' effluent before discharge into the city's ystem through our orisite iine's..This collector would be <br />` constructed by them on their propery and for their'use only, 3}. R`ap's shall not discharge.any..storm i <br />or sewage water onto our property. VF~itliout City approval the Hap's exterior grade "at their. trash area , <br />was substantially altered during the construction process for their restaurant in,.1~99$`to.divert the <br />stone water; along'with :tlie often-spilled sewage; to my lot. The; wall has stopped this:.Our current <br />" City approved engineered ~drairiage plan for our soon to be completed Railroad Square project at 55~ W <br />Angela: St will not tolerate ANY of their storm vt!a#er. We are also willing to provide.. continual access <br />to the. Raps' property fox .emergency use with the installation of the city approved Knox`key box <br />system grovided liy u~ron the outside of the gate. <br />Nelson, I cannot.help but feel, since Madden would not agree to these agreed on solutions, that,the <br />-,only resolution for him ts'that Haps lie, given the. run of our properEy for which we find unacceptable.. I <br />remain hopeful a compromise can be reached: Until now, I have`felt it prudent to keep a low profile <br />and let Mr. Madden.pound his: drum. I now feel it prudent to go on record with a rebuff to Maddens <br />remarks to the Mayor and the'City. <br />For Mr. Madden's assertionthat the wall was. constructed without the "proper City approval", we _ <br />. disagree! Prior- to the construetion'of~he wall, four seniormemtiers of the City's Building, - <br />Engineering_and Elaniing-departments-were consulted .regarding the spe~ifiesof-the-block wall.-Each - - . - <br />individual informed us that no permit;was required for a-wa116' and under.: Nonetheless to cover my : - . <br />bases;~I instructed my Architect;; Charles: Huff, to prepare andsubmit'plaus for staff review, which was <br />done. The wall-was constructed only after a several day staff review process and we,had received a <br />- staff approved set of documents approving all aspects of the construction: Madden-was personally <br />informed of my intent and physically shown where the wah was to. be built qD two occasions before its <br />construction.. <br />