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•• Minutes - San Leandro City Council Meeting - October 4, 1993 Page - 18 - PUBLIC HEARINGS (continued) buffer will work because of the discussion over the last three years and the placement of the shoreline trail . He said East Bay Regional Parks, as well as environmental groups have been supporting extending the trail from Neptune, so that it would be immediately adjacent to the shoreline, but Fish and Wildlife said no and suggested that the trail be placed on the Citation property. He said the Swale is there as a drainage area, part of RWQCB requirements, and is a state-of-the-art method, and is not going to collect water. Ms. Delfino questioned the trail ending in the wetland area. Staff described the configuration of the trail . John Popovich, 555 Doan Street, San Lorenzo, said he lived at Roberts Landing in 1931 as an employee of Trojan. He said a recent newspaper article stated dredge disposal material that was hauled away had a high lead content, probably from Roberts Landing and Trojan. He said Trojan didn't use lead as a product for their powder. He said there was never any litter on the site when he worked there and he does not recall any dump there. In response to Council questions, he said the Phase 1A and 1B area was used for growing grass and raising cattle and the only building was a caretaker's building. Bill Silva, City Engineer, described the alignment of the trail and public access. Kateri Harrison, 430 1/2 Breed Avenue, said the Conditions of Approval require a bond for toxic remediation for both the developable area and open space area and asked if the open space area would still be cleaned up if the no fill plan is followed. Mr. Mattas said Citation's obligation to dedicate the open space property will only arise from the fill plan, and in that event the bond will cover the entire property. In the no fill plan and the fill plan, clean up in the open space areas is to the extent that DISC requires clean up. He said the City is requiring the bonding and clean up of the areas within the no fill and fill plans and requiring the clean up for the entire area. If DISC determines that a contaminate may exist in the open space that impacts the development, then DISC will require it be cleaned up. When DISC does that, then it will become a Condition of Approval . They will be bonding for entire site. He said the amount of the bond will be determined prior to commencing Phase 1A based on DTSC's analysis. In response to questions, Mr. Mattas explained that the delineation of responsibility is that DISC is handling the developing areas, the Regional Board is handling open space areas. The condition is written such that " . . .any local , state, or federal agency. . . " He said under border zone property laws, if the DISC evaluation determines that an open space area is a hazardous waste area, then there are laws which prevent development within 2,000 feet unless the site is cleaned up. DTSC would require a covenant on the land. He said the City will determine what needs to be done and will make a reasonable estimate of the cost. He said the cost would not be based on whether or not the developer can make a profit.