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were not passable on rainy day., cumulated some material over and i what my plan said, but I did it in good faith, L...., ,of meanness in my heart_ The trutu ni. utat I have grown quite a bit out there. What I did was try to address the situation like this. I have known the Hohner family for 30 years. I spoke with Ernie Hohner about my situation. Lucky Stores, who vas building a new warehouse, had Ferma Corp. do the job for them. They had to off -haul a remendous amount of dirt. Ferma called me and asked me if I could help him by finding a source to get rid of his material. I talked with Mr. Hohner, Mr. Hohner talked with the City, the City gave Mr. Hohner permission to let him haul the dirt onto his property. Here's what got me in trouble. The last day when Mr. Hohner got to his ceiling point that the City allowed him, they needed one more day to haul. Instead of Ferma hauling it to Mr. Hohner's place, they came over to my place. We closed at 4:00 p.m. but they dumped until about 7:00 or.8:00 p.m. on Eden Road. I got all over them about it and Ms. Oliver is right when she said I had two loaders out there trying to move it in. I was disturbed the next morning when I got in and found this big pile of dirt blocking my gate. Some of it spilled over into the flood control ditch, I dug it out and I put those three foot pipes you saw on the slides out of my expense so the drainage ditch would work. The only thing I did not do, and for a reason, I did not do positive drainage into the old existing culvert on the sewage treatment plant property because I did not want a big head of water with trash coming all the way from Doolittle through and plugging the system because at high tide the system doesn't function. The pipe stays 3/4 full. I knew I shouldn't'have positive fall, I had gradual fall. My neighbors did not like that. I put up silt fence instead of straw bales for erosion control. My neighbors do not know what that is. They seem to think that I am blocking the swale when I put the silt fence up. They go take it up. I did put up two signs. I have pictures in my pocket to prove it. I have a sign saying "No Parking" in front of my place on both sides of the road saying "Fire Lane, No Parking for Fire rucks." I did put up a sign that says, "No Dumping." That sign lasted about two days. It was pped off in meanness and thrown away. I have not intentionally done all these mischievous things because I know it would be intolerable. I want to make a living. It would be foolish of me to be able to do all these things just to be disobedient. I am not that type of person. Madam and Gentlemen, I have been with the company for 34 years. Ernie and Jesse Clement owned it. I worked for Joe Bautista and Mr. Federighi since 1962. These people are honorable people. They would not tolerate me if I was that t, pe of person. I am here asking for mercy because I am the one being the bad guy and the truth is. I had no help from my neighbors. That road has not had takes paid on it since the 1930's. They were told, just like I am being told tonight to do what is right, but I am the only one paying out of my pocket and it is difficult for me to pay it all and do it all. Now the place looks nice and even•one says, "I want you out ofhere." That is not fair in my opinion. I ,Would like to also give to you, Mr. Chairman, a copy of my personal references on me and my company. I am certified with Caltrans, the Port of Oakland; the City of Richmond, the City of Oakland and I have a good reputation. I am not that type of person. You can't gef that type of reputation established if you are who I have been painted to be tonight. The truth is I just need a. chance. (Mr. Guss passed out letters of reference from various private companies and public agencies he has done business with.) Board of Zoning Adjustments Meeting August 1, 1996 Minute No. 96-15 Page 5 of 12�