Minutes 1994 0118 - Laserfiche WebLink

Home

Minutes - San Leandro City Council Meeting - January 18, 1994 Page - 13 - PUBLIC HEARINGS (continued) this would have on the value of his property and perhaps have an appraiser give a report. Steve Meyers, City Attorney, said the City Council has never determined approval or disapproval of a Conditional Use based upon an appraiser's view of the value of a property. He said the City Council and the Board of Zoning Adjustments must make Findings based upon fact in order to deny Applications. Mr. Litke said he is concerned there would be seepage from this property to his property and he would be responsible for cleanup, which would affect the value of his property. He said he did soils tests on his property before he bought it and it was clean. Mr. Litke said Ms. Falcon had asked if there was some way they could work something out and had said she was trying to get a $5 million insurance policy on the property. The Hearing was then opened to the public. Tony Yacek, Owner of W. C. Rose Company, the property across the street, said the site used to be an auto-wrecking yard, so there are probably toxics left from it. He said right down the street is a large paint corporation which has a lot of toxics, as does W. R. Grace Company. He said, if he were next door, he would be concerned also; but he feels this has gone through all the State and Federal Regulations so it has to be a clean operation. He said everyone on the street has problems. He said, although he sees Mr. Litke's point, everything you touch today has toxics; and, if the Falcons get the approval , they will have to live by the standards. Monica Falcon, daughter of the owner of Waste Oil Recovery, Inc. , said she sympathizes with Mr. Litke. She said their company has been in operation since 1978, and they have never had a spill on the highway. She said their maintenance and training measures take all precautions necessary to ensure accidents are at low, low minimums. She said, regarding the disguise of waste oil , Alameda County and State officials require all waste oil be segregated and inspected. She said the containment area, which had been described as experimental , is state of the art. She said the State of California has mandated the company have $1 .2 million of auto liability, and the company has actually had $5 million for over eight years in auto liability and general liability. She suggested they could name Mr. Litke and his property as additional insured in the event of a release onto his property, which she thinks would be extremely unlikely. She described the containment area. She also submitted information from an appraiser and from the State EPA and noted they plan on dealing with the existing soil contamination on the site. In response to Council questions, Ms. Falcon further described the containment area, how material is monitored, and testing that is done by the drivers as they pick up material . She showed slides of the