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Mayor Philcox recessed the meeting at 9:25 P.M. Mayor Philcox reconvened the meeting at 9:35 P.M. Appeal of Joseph Madden to a decision of ~h~ Planning Commission requiring an Environmental Impact Report in cOnj.unction with Case RZ-77-16~ an application to_prezone to C-S (Commercial Service) 13.6 acres of land located on the north side Of .St.anley Boulevard between the Western Pacific and Southern Pacific Railroad Tracks Mr. Harris presented his report dated February 21, 1978, regarding this matter. Mayor Philcox declared the public hearing open. Mr. William Hirst, 147 Bernal Avenue, Attorney representing Mr. Madden, presented background information regarding this matter He requested that the ' traffic mitigation measure of 10% increase be changed to 20% increase. Mr. George Allen, representing William Black and Associates of Dublin, Engineers, reviewed the street and traffic conditions. Mr. Earl Augusta, 3963 Stanley Boulevard, spoke in opposition to this appeal because of the adverse effect on the environment, and especially his property, that the propose4 project would cause. He stated he felt an Environmental Im- pact Report should be required to properly identify all the effects of this proposal. Mr. Hirst rebutted the comments of Mr. Augusta, and urged approval of the appeal. Mayor Philcox declared the public hearing closed. After considerable discussion, it was moved by Councilmember Brandes, and seconded by Mayor Philcox, that Resolution No. 78-47, granting the appeal of Joseph Madden to a decision of the Planning Commission requiring an Environ- mental Impact Report in conjunction with Case RZ-77-16, an application to pre- zone to C-S (Commercial Service) 13.6 acres of land located on the north side of Stanley Boulevard between the Western Pacific and Southern Pacific Railroad Tracks and retaining the proposed mitigation measure of limiting increase in traffic to 10% over present flows from the site, be adopted. The roll call vote was as follows: AYES: Councilmembers Brandes, Mercer, and }~yor Philcox NOES: Councilmembers Herlihy and LeClaire Councilmember Herlihy stated his concern about the entire area along Stanley Boulevard and its residents, which was the reason he voted No on this matter. Councilmember Brandes suggested that item lib be considered next on the agenda to accommodate the audience. Council concurred. REPORTS OF THE CITY ATTORNEY R_!~pqrt, Re: Hold-Harmless Condition on Tract 3966 (Dar Datwyler) Mr. Levine presented his report dated February 22, 1978, regarding this matter. Mr. Dar Datwyler addressed the Council requesting a change in the Hold- Harmless condition contained in his draft Subdivision Agreement based on a 3. 3/1/78