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flow parking would be in the shopping center. That would have an impact on the merchants in the shopping center. He believed the success of the shopping center is important to the City of Pleasanton and Council needs to allow BART to increase its parking facility if it starts to cause a problem for the shopping center. He pointed out that if BART goes to bid on the structure and finds that it is not financially feasible to build the necessary foundation for seven levels, then the additional two levels will not be built. This agreement is only to allow that possibility, but he did not want to exclude it. Ms. Ayala reiterated her belief that Alameda County wanted to build housing at the BART station and 500 spaces would be lost at Hacienda but made up at the Stoneridge station. There were also concerns about the towers of the proposed parking structure. Mr. Nagar had never heard of this proposal. He said Mr. Rennels, from BART, has just said no spaces would be lost, or if they were, then they would have to be made up somewhere on the same site. He adamantly did not want to lose the possibility of the two additional levels at the Stoneridge station. The City has final approval on any structure. This agreement has been negotiated over a period of three years and he did not want a part of it taken away arbitrarily. Ms. Hosterman suggested making the change requested by Ms. Ayala for the sake of passing the MOU at this meeting. When the project comes back for approval in a few years, a change could be made to put the term back in if necessary. Mr. Nagar said the final decision is in the hands of the City already, even if the option is left in the agreement. Mr. Brozosky asked if there could be a requirement that the first two levels of the parking structure be below ground? That way if seven levels are required, it would still be only as tall as a five level structure. Mr. Swirl said the EIR and the project approved by BART has no provision for below grade parking. The City review of the parking structure itself is limited because of the type of agency that BART is. There is no approved design for the parking structure and in any event the City does not have design approval for the parking structure, only for the buildings adjacent to it. Mr. Brozosky was also concerned that if BART charges for parking, people will park in the shopping center. Can Council prohibit BART from charging for parking at this station? Mr. Swift said BART has approved paid parking all across its system, including at this station. Ms. Ayala felt it appropriate for the Dublin Liaison Committee to meet and see what the Dublin representatives think about this proposal. There was discussion about whether or not the City could require the additional two stories or whether BART could build whatever it wanted without this agreement. Pleasanton City Council 14 06/03/03 Minutes