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MINUTES City of San Leandro City Council Meeting October 7, 2002 Pagc 2 A. Recognition of the Employee or the Month for the month of October 2002, Frank Moynihan, Police Department. Frank Moynihan was present to receive his award. 3. PUBLIC HEAlUNCS Public Hearing Comments are limited to 5 minutes per person. When YOLl address the City Council, you should fill out a speaker card and submit it to the City Clerk so the order of speakers may be determined and an official record of names and addresses obtained. A. Matter of appeal by Jerry L. Cuss on behalf of C & G Contractors, Inc., Applicant, and others of the Board of Zoninl! Adjustments' revocation of Conditional Use Permit CU-93-14; appeal by applicant and others of the decision of the Board of Zoning Adjustments to revoke CU~93-14 for the collection, storage processing and distribution of concrete, asphalt and dirt at 2660 Eden Road; Assessor's Parcel Number 42-4530-4; C & G Contractors, Inc., Applicant; A. Zeitz, Property Owner. This being the time and place lor the Public Hearing on the above matter, City Manager John Jennanis introduced Community Development Planner Debbie Pollart, who reported this was the second time for this matter to be brought before the City Council. The revocation was based on nonconformance with the conditions. She stated there had been several meetings prior to the Board of Zoning Adjustments (BZA) revoking the permit. The appellant has since cleaned up the site; and Ms. Pollart provided a handout of photos to the City Council. Staff provided tlu"ee options for Council consideration. The first option is to continue the item for three months, work with the appellant regarding the payment oCthe fence, and have stalT monitor the site. The second option is to uphold the decision of the BZA. The third option is to overturn the BZA. Staff supports the first or second option. Public Works Director Robert Rockett commented that several years ago the same issue occurred with the business owner. He noted the fence was down and laying on City property, a pile of dirt was increasing, and generally the required conditions were not being met. He noted he would like to see the business continue hut without the violations to the conditions of the permit. Mr. Zachary Wassenmm, attorney for the appellant, spoke in favor of the first option. He stated he had concerns with the recommendations that were made by stalT to the BZA, but recommended Option One so his client could meet with staff, discuss the matter, and modify some of the conditions on the permit. I-Ie noted the business was brought back into compliance in 1997 but, due to the nature of the business and recycling limits, he believes the conditions need to be altered. The City Council asked several clarifying questions.