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Application of the City Council to review Conditional Use Permit #75-4~ Transfer Station for Pleasanton Garbage Service~ with particular reference to attaching a condition to said Use Permit requiring that the Southern Pacific Railroad Crossin~ which traverses the access to the site be designated a public crossing as a condi- tion of approval Mr~ Edgar presented the staff report dated April 7, 1975, regarding this matter. M~ Bowling presented the background of Pleasanton Garbage Service, the need for the Transfer Station, and displayed maps showing p~oposed location and redesign of street to the proposed site. Mr. Scheidig explained statutory regulations regarding railroad crossings and the need for the City to make application to the Public Utilities Commission for public grade crossing permit. Mayor Kinney declared the public hearing open. M~. William Hirst, Attorney representing Pleasanton Garbage Service, stated his client was willing to cooperate with the condition set forth by the council. The following persons spoke in opposition to the Transfer Station being located at the proposed site: John Fraga, 1486 Kolln Street Louise McEntee, 1385 Kolln Street Harvey Davies Norm Parks, 1881 Cortez Court A1 Torey, 1821 Cortez Court Richa=d Tolas Bill Tolphire, Greenwood and Valley Otto Surer, 1766 Peru Court - Ray Va~dez, 1882 Cortez Court Richard Woodring Mr~ Fraga presented a petition, signed by 29 residents, which read as follows: "We, the undersigned members of the Senior Citizens Club of Pleasanton, do herein affirm our opposition to the location of the proposed garbage transfer station at the Busch Street site as planned b~ the Garbage Collection Agency". Mayor Kinney declared the public hearing closed. After discussion, it was moved by Councilman McLain, and seconded by Councilman Herlihy, that Resolution No. 75-81, adding a condition to Conditional Use Permit #75-4, fo~ the Trans£er Station on Busch Avenue for Pleasanton Garbage Service, as ~o]lows: "P~ior to use of the Transfer Station by vehicles belonging to Pleasanton Garbage Service, the Southern Pacific Railroad crossing at Busch Road. be designated a public crossing or that at least some temporary approval be obtained prior to the final approval of the public crossing; until the public crosslag is appr~ved no other vehicles may use the Transfer Station, and, appli- cant wiil be required to reimburse the City for all expenses incurred by City, or ~or which City may be obligated, in obtaining the approval of the Public Utilities Commission for said public crossing", be adopted. It was moved by Councilman Herlihy, and seconded by Councilman McLain, amending Councilman McLain's motion to include as a condition that the City maintain the right-of-way to the proposed site and bill Pleasanton Garbage Service for the costs incurred. After discussion regarding the amendment, Councilman Herlihy withdrew his motion, and Councilman McLain withdrew his second to the motion. The roll call vote on Resolution No. 75-81 was as follows: AYES: Councilmembers Herlihy, McLain, Philcox, and Mayor Kinney NOES: Councilmember LeClaire ABSENT: None 4. 4/14/75