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Padro: It reads that Mr. Guss i --d he was unable to secure a perfor ; bond do to the <br />possible contamination of Eden and adjacent properties. In responsr. LU Irls. Eliason's <br />question, I just heard you indicate that there are a number of different negotiable instruments <br />that can:be put up as a bond. This particular item indicates that Mr. Guss was unable to secure <br />e bond because of a reason other than those you responded to Ms. Eliason. Can you help us <br />iderstand that? <br />Gaber: Yes. His bonding company responded that because of the liability that they might be <br />encumbering by posting that bond, they were unwilling to post it and it also might affect his <br />bond ability for other projects. <br />Padro: So, if I understand you correctly, beyond that Mr. Guss could have submitted that <br />performance bond on his own volition if he chose. <br />Gaber: Correct. <br />McGallian: Are there any other questions of staff? Hearing none, at this time I would like to <br />call the applicant or representative of the applicant to the microphone. Would you please state <br />your name and address and sign in on the sheet before you on the podium. <br />Mr. Guss, you have heard the staffs recommendations. Do you have any questions? If this <br />application is approved, are you prepared to comply with the conditions? <br />Jerry L. Guss, 23878 Clawiter Road, Hayward (business), 2558 Oliver Avenue, Oakland <br />(residence for 34 years): Yes, sir. I am prepared to accept for the $10,000 surety bond, I just <br />n't come up with the money. I don't have it. I haven't been able to receive any materials into <br />y property for the last year or so because of the fact that I have been having problems. I knew I <br />had problems and my customers went elsewhere instead of coming to me. Secondly, if I may say <br />this, is that the truck Ms. Oliver showed you on the screen is coming from my site. I am doing a <br />job with Penn Brothers in Union City. That was concrete and asphalt mixed that was coming in <br />and I have photos to prove that. That wasn't a customer, that truck was hauling for our firm. <br />That's coming off our job. I wasn't getting it from some other project. <br />McGallian: I understand, though, that you say you cannot come up with the bond. That is part <br />of the condition. I open it up to the Board to asked questions. <br />Eliason: Following in on that, Mr. Gaber has mentioned a number of ways that you can post a <br />deposit rather than a bond. Are you willing and'able to meet that performance deposit and <br />maintenance deposit? <br />Guss: I am willing, but I just don't have the funds. -It has been a tough year for me, the last year <br />and a half. My specialty in the construction industry is doing hillside subdivision and earth <br />landslide repair, in other words, when people have a slide in their back or front yards, it is my <br />professional business to repair that and it doesn't happen anymore once I fix it. If I could just ask <br />a question to the Chairman. Could I have just a few moments to speak in my behalf the way the <br />City did on their behalf when Ms. Oliver spoke? <br />Board of Zoning Adjustments Meeting August 1 1996 <br />Minute No. 96-15 t <br />Page 3 of 12 <br />