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3,15 It was moved by Councilmember Brandes that AP-85-7, National Car Rental, be approved but with the condition that there will not be any fencing. The motion died for lack of a second. ~- After discussion, it was moved by Councilmember Butler, and seconded by Councilmember Wood, that Resolution No. 85-348, denying the appeal by the City ') Council of a decision of the Design Review Board, and approving Z-85-106,107; ~ application of National Car Rental for design review approval to construct an ~ automobile rental facility on an approximately 1.1 acre site located on the .. west side of Owens Court, approximately 750 ft. northwest of Owens Drive and Owens Court, subject to all conditions contained in Design Review Board Resolution No. DRB-85-63, and adding a condition that no barbed wire fencing will be allowed, be adopted. The roll call vote was as follows: AYES: Councilmembers Butler, Mohr, and Wood NOES: Councilmember Brandes and Mayor Mercer " ABSENT: None North Pleasanton Improvement District No. 1982-4 Mr. Okamura presented his report (SR 85:339) dated July 16, 1985, regard- ing this matter. He stated this item relates only to roadway improvements; the freeway improvements will be considered in November. Mayor Mercer declared the public hearing open. Mr. Mark Jordan, representing Kaiser Foundation Health, stated that be- cause Council approved an exemption from the assessment district for Valley Memorial Hospital, it is the position ,Lif Kaiser Foundation that they are no different than Valley Memorial Hospital and should also be granted exemption from the assessment district. He stated that both facilities serve t ~ local community; provide free care; provides emergency service to everyone; 9oth are a commercial venture in that they need to maintain capital improveme..~s and operate effeciently. He stated he has provided a legal letter to the City showing that both hgspitals are the same and requesting that Kaiser Foundation Health be treated no differently than Valley Memorial Hospital regarding par- ticipation in the assessment district. Mr. MacDonald stated that when Kaiser signed their development agreement they were aware that one of the conditions was that they participate in this assessment district. He stated his impression that when comparing Valley Memorial Hospital with Kaiser Foundation Health it should be noted that Valley Memorial Hospital contributed approximately 2-1/2 acres to the City at no cost; and that Kaiser has not contributed any land. He stated that anyone can get service at Valley Memorial Hospital while Kaiser is limited to membership. He stated that Kaiser is a regional draw hospital, drawing well beyond the boundaries of Pleasanton. Mr. MacDonald stated that if one assessment goes down then another parcel in the same zone will have to be increased to cover the costs. Mr. Robert Brunsell, Bond Counsel for this project, stated that Council made a decision to exclude Valley Memorial Hospital from the project and the engineers report has taken that ruling into account. He stated it is his opinion that hospitals are a quasi-public venture and it is within the perview of the City Council to make that conclusion. He advised that Council can ex- clude Kaiser Foundation Health if they choose to. He stated that Kaiser has -7- 7-16-85