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Excerpts of the Board of Zoning Adjustments Regular Meeting Minutes January 5, 2012
<br />Page S of 7
<br />support of Mr. McKinney, and hopes a way can be found to keep him in business while
<br />satisfying the City that nothing of this nature will ever happen again.
<br />Darren Gill, 18442 Standish Avenue, Hayward, said that he's with Any Seven Offroad and a
<br />tenant in the 2661 Alvarado building, two doors down from Mr. McKinney. He said that he
<br />considers Mr. McKinney a very honest man of great character who has put a lot of work, time
<br />and money into his business. He said that if Mr. McKinney had known renting his property
<br />would violate his CUP he wouldn't have done so.
<br />Dan Dillman, 350 Williams Street, who said that he's devastated by the loss of life and cannot
<br />imagine the pain the families are going through, indicated that he didn't come to the BZA
<br />meeting either to judge or to support the business owner, the BZA or staff, but to point out
<br />several facts. He said that he witnessed the business owner passing out marketing material at the
<br />BZA meeting on September 1, 2011 stating that he would be doing monthly events. He said that
<br />he assumed staff was fully aware of this, and at minimum, staff should have been privy to the
<br />marketing material on the business owner's website as part of vetting the business owner and his
<br />plans and should be held accountable for the lack of due diligence. Mr. Dillman said that as he
<br />understands it, the CUP in question does not explicitly prohibit renting the property or having
<br />events, and further stated that property owners and business owners have a right to hold private
<br />parties at their property at least three times a year without a permit. He noted, too, that no one
<br />has suggested shutting down Wal -Mart despite two shootings within the last month. Considering
<br />its low prices and limited supplies create chaos and unruly crowds, he said that it could be argued
<br />that Wal -Mart poses a public nuisance. Mr. Dillman also mentioned crimes at Bayfair Center
<br />properties, with no subsequent attempts to shut it down. He wondered whether the City, in an
<br />effort to hold someone accountable, might have wanted to shut down the Bal Theatre (which he
<br />owns) if he'd been hosting an event the night there was a shooting on the nearby Flyers property.
<br />He said that bad things happen, but it shouldn't prompt a rush to judgment.
<br />Jesse Rieder, 2659 Williams Street, San Leandro, said that he's a business owner in the City and
<br />has known Mr. McKinney for a few years. He said he's a fabricator who makes all the parts and
<br />retrofits the trailers for Mr. McKinney's company. He described Mr. McKinney as a "definite
<br />asset" to the City, a tremendous businessman and a good friend.
<br />John Hopson, 2549 Williams Street, San Leandro, said he works with Mr. Rieder, and they use
<br />materials from San Leandro. Due to the volume of business they get from Mr. McKinney, he
<br />said that if Mr. McKinney can no longer operate in San Leandro, he said he fears that he, too,
<br />might have to move elsewhere.
<br />Tre Jackson, 16521 Brock Way, San Leandro, said that he's a good friend of Mr. McKinney's
<br />and has helped him with his business. Having grown up in Oakland, Mr. Jackson said it's
<br />unfortunately not surprising to him how humans can behave. He said that Mr. McKinney did not
<br />mislead the City, and that his flyer indicated he would be having community events, and the
<br />September 30, 2011 event was the first in more than 700 days that Mr. McKinney has been a
<br />tenant at the location. Mr. Jackson said that he believes the tragedy is being used to bring Mr.
<br />McKinney's CUP under scrutiny, and urged the BZA to recognize that Mr. McKinney is a hard-
<br />working father with a career who put up everything to invest in his dream to open up a business,
<br />and it would be hard to "pull out the rug out from under him" due to savagery that was beyond
<br />his control. He said that Mr. McKinney needs more than a slap on the wrist, but doesn't need his
<br />dream and efforts to be snatched from him, either.
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