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Condition #54d: Mr. Swift stated that the intention of this condition was to essentially provide cooperation if there is a way that it can mutually benefit the City and the developer with no real cost to Greenbriar. He stated that he feels it is a non-issUe at this point. Condition #57 (d) (iii): Mr. Swift noted that this condition can be deleted and that Greenbriar is not required to install the culvert. Condition #57h: Mr. Swift stated that this condition requires that Greenbriar make an open offer of dedication of the actual channel of the Arroyo de La Laguna to the City, but does not require the City to actually accept that dedication and in the meantime Greenbriar would continue to own that property until such time as the City would actually accept the dedication. He noted that the issue is the maintenance of the creek channel and the potential liability oftbe City for that channel and the adjacent area. He advised that it is the City's position that this is currently San Francisco's property and they have the obligation for the maintenance and liability. He further stated that this is an item that needs to be addressed in the Development Agreement and should be resolved in those negotiations. Condition #67(a)(iii): Mr. Swift stated that the soundberm is for the benefit of the homeowners and that staff feels that during the time period when the City is not benefiting from the berm the homeowners' should be responsible for the maintenance of the landscaping of the berm. Condition #83: Mr. Swift advised that the intern of this condition is to advertise the availability of the units to the work force and give them the first opportunity for purchase. Condition #84: Mr. Swift noted that staffwill defer to the Planning Commission how they would like to handle this. He advised that the condition was structured this way because there was not sufficient time to analyze and make a recommendation on a proposal. With regard to the request for modification of the condition regarding plant size for infill shrubs, Mr. Swift noted that this is not an issue and the phasing oftbe landscaping for the apa~iment component is not an issue, as a landscaping bond can be held by the City. He further noted that Mr. Rosenbaum's suggested phasing plan of the office projact is appropriate. He stated that he would suggest that the 8:00 a.m. start time for construction be maintained, but that it would be satisfactory to allow Saturday construction hours. Commissioner Maan suggested that the conditions with which Greenbriar has expressed concern be deferred to staff. Commissioner Arkin concurred with this recommendation. Commissioner Sullivan noted that he would agree, expect with regard to the condition concerning the Green Building practices. He noted that he likes staff's recommended condition and that he would like a representative of the Alameda County Waste Management Authority to meet with Greenbriar and staffto review the list with a goal of not increasing cost impacts. He stated that he feels there are good strategies and measures that can be advised that won't have financial implications. PLANNING COMMISSION MINUTES August 9, 2000 Page 15