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Councilmember McGovern referred to Condition 36.e, if talks about natural gas burning fireplaces, but it states this condition does not apply to outdoor barbeque or fire pits. She said this is a very wooded area and she questioned if this should be allowed with wind traveling and dry grass. Mr. Dolan said this would be a new area of regulation for the City and he would prefer to think about this, and Councilmember McGovern suggested it be looked at during Planning Commission review. She said the West Foothill Road corridor overlay was an important thing for people and she did not want to see it degraded and believes the applicant should try to fit within this chapter of the Municipal Code rather than look for exceptions to it. When it comes back to the Planning Commission, when each house is reviewed, the height should be part of that discussion as to what it is. Councilmember Sullivan said when the guidelines were reviewed in 2001 or 2002, no one was thinking of a 9,200 square foot house on the ridge. MOTION: It was m/s by McGovern /Sullivan to adopt Resolution No. 10 -372 certifying the Negative Declaration for Case PUD- 87- 19 -03M and introduce Ordinance No. 2003 approving PUD Major modification to modify the approved Development Plan (Case PUD- 87- 19 -03M) to allow four lots on an approximately 29.8 -acre site, design guidelines, and off -site construction at 4100 Foothill Road; subject to modifying the condition such that the house design, grading and photo simulation return to the Planning Commission for review and approval, with appeal possibly to the Council of specific houses, add a condition to modify the curb cuts, trim trees, review speed reduction measures for adequate bicycle lane, request that the Traffic Engineer to install striping concurrent with the tentative map process prior, staff to review speed reduction measures for an adequate bike lane before the tentative map is approved. Motion passed by the following vote: Ayes: Councilmembers Cook- Kallio, McGovern, Sullivan, Thorne, Mayor Hosterman Noes: None Absent: None 16. Public Hearing: Introduction of an ordinance to renew the Tri- Valley Tourism Business Improvement District Director of Economic Development, Pamela Ott, gave a brief staff report, reviewed procedural highlights stating they are merging two existing Business Improvement Districts into one Tri - Valley Tourism Business Improvement District (TTBID). One encompasses Pleasanton, Livermore, Dublin and San Ramon, and one year later Danville decided to join and created their own district. The reason the District was created initially was to move dependence away from City money. The City used to provide approximately $180,000 to the CVB and over the last four years, they have followed the district model and the City now contributes $2,500 for its membership. She said the merger will create the TTBID again for another 5 years, increase the assessment amount from $1 to $2 per occupied room night. It applies to all hotel properties in the Tri - Valley that have 35 or more rooms. The City serves as the lead agency to administer the district, resolutions have been previously adopted and all other agencies granted consent and adopted resolutions, and staff is presenting the ordinance needed to renew the TTBID and agreement. All hotel properties have been noticed, there has been tremendous outreach, and to date, they have 78.5% of the voting strength supporting the request. Mayor Hosterman opened the public hearing. City Council Minutes Page 15 of 16 June1, 2010