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Excerpts of Board of Zoning, rients Special Meeting Minutes No. 2002-15 July 18, 2002 Page 2of 5 Planner Pollart stated that she had not noticed watering during the four separate occasions she was there. She suggested that Water Pollution Division Administrative Manager Snodgrass might have noticed, as she visited the site more. Member Eliason asked if the original bond that was required in 1996 was never paid. Planner Pollart replied that according to a 1997 letter (included in staff report), the City was willing to waive the bond requirement. Chair Marr called the Applicant to speak to the Board. Jerry Guss, 1632 Spring Lake, CEO and President, stated that he had worked for C & G Contractors for 43 years and he had worked at the San Leandro site since 1962. The specialty of the company was earth slide repair. He mentioned some of the local jobs that the company had performed and some of the City personnel that he had worked with. He felt that he offended the City, no matter how much he did. He stated that he paid a business tax to the City of Oakland and the City of San Leandro also claimed to have purview over the land. He introduced his office administrator, Sheila Sanders, who passed packets to the Board Members that showed the new fence that he claimed was not damaged by his company. One photo showed the fence that had been pushed over and contaminants from years ago before he had located at the current site. He stated that the owner of the fence told him not to worry about damage to his 75-year-old fence. When the new fence was to be built, he pulled the fence out from under the debris, cleared out the concrete debris and pulled the fence posts out to help his neighbor. Mr. Guss stated that he maintained Eden Road at his expense and that he constantly worked with the BCDC concerning environmental matters. He stated that the 15-foot high dirt pile was to be used on the next -door golf course and he had a contract to deliver 21,000 yards of dirt, of which 10,000 yards had been delivered from the dirt he had on -site. He stated that the drainage swales had been filled by the contractor working on the golf course. He questioned why the nearby wrecking yards had not been brought before the BZA when they were the polluters and he was before the BZA a second time when he recycled his products and was not a polluter. He noted that none of his neighbors were in attendance, because they had no complaints of his business. He also stated that he had put up a gate and signs to keep people from dumping on his property, but they were quickly removed. He stated that he also had a night watchman working five nights a week. He asked that the Use Permit not be revoked. He promised that he would control the dust and erosion and promised that he would not damage any of the City's property. Member Raposo asked if there was damage to the existing fence. Mr. Guss replied that a stress rod had been broken and his company repaired it. In his opinion, there was no damage on any part of the fence. Member Sidari asked if the Applicant knew who actually owned the land that his company used and was it located in the City of Oakland, the City of San Leandro or was it county land.