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Councilmember McGovern said if this is a moment in time, why was the City looking at doing a cost sharing agreement to keep it at LOS D. City Manager Fialho said the first agreement is a moment in time which is being driven by Vulcan and the second one is long-term use of the intersection, which is being driven by the cities who have an interest in having along-term functioning intersection. Councilmember McGovern said she was concerned about the constrained gateway policy, the LOS D and whether or not the cost sharing agreement needs to even talk about LOS D at all. City Manager Fialho felt it was in the City's interest as it signals intent and also provides flexibility in applying general plan policies. Councilmember McGovern said when the CLC talks about having a manager to be the first person to be called about the airport, they are only talking about the residents of the CLC and not the City of Pleasanton, and she questioned if the verbiage is clear. City Manager Fialho said he felt this was clear. She questioned when Livermore did their EIR for the prime outlets and the development on the opposite side of EI Charro, she confirmed the City had commented on their EIR, which was reflected in the document, were addressed and mitigated. Councilmember McGovern referred to the detention basins that may be needed on Staples Ranch and confirmed these were needed and separate from the 100-year flood for storm water run-off. Mayor Hosterman noted there were no public comments and closed the public hearing. Mayor Hosterman said the process took longer than anticipated; however, there were opportunities to meet with Vulcan Materials and she thanked them publicly for addressing some of the questions which were discussed tonight. Motion: It was M/S by Hosterman/Sullivan to adopt Resolution No. 07-149 approving a Predevelopment and Cooperation Agreement between the cities of Livermore, Pleasanton, the County of Alameda, the Alameda County Surplus Property Authority and Calmat Co., dba Vulcan Materials; and adopt Resolution No. 07-150 approving a Cost Sharing Agreement between the cities of Livermore, Pleasanton, and the Alameda County Surplus Property Authority concerning the Staples Ranch property, as amended, to provide clarity under Sections 8, 10 and include the opportunity for Councilmembers to review the language prior to finalizing the agreement. Motion passed by the following vote: Ayes: Cook-Kallio, McGovern, Sullivan, Thorne, Mayor Hosterman Noes: None Absent: None Abstain: None 9. Reviewed and discussed Regional and High Speed Rail Plans Deputy Director of Public Works Michael Tassano said Bonnie Nelson, of Nelson/Nygaard Consulting Associates has been working with the Tri-Valley cities to help understand all elements within the plans and in trying to get a consensus on how to approach these projects. Bonnie Nelson said she has worked with the I-580 and I-680 corridors with a very diverse group which included Mayor Hosterman, the mayors and elected officials of Livermore, Dublin, San Ramon, the City of Tracy, Alameda County, San Joaquin County, BART, LAVTA, the Port of Oakland and others who all came together to influence the regional and high speed rail studies in ways to ensure the interests of the Tri-Valley were taken into consideration. City Council Minutes 6 September 18, 2007