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Fred Norman urged the Council to take a stance on Castlewood's actions. He said the wars must stop and he asked the public to join Pleasantonians for Peace it's a peaceful anti -war demonstration, and said the best way to support our troops is to save their lives by bringing them home now. Karen DeBaca Martens also urged the Council to address the lockout of Castlewood employees. She commented on what she believed to be incorrect facts in ballot argument in favor of the Oak Grove project. She acknowledged the Council's constraints regarding discussion of the Urban Habitat litigation, but said she has found Judge Roesch to be incorrect in the past and asked the Council to appeal his decision. She referred to a letter from Ralph Kanz of Alameda Creek Alliance, regarding the Environmental Impact Report for the Oak Grove project and believed the new information to be of substantial importance, and requested the Council review the issue. Councilmember Sullivan said the Council received a copy of Mr. Kanz's letter which identified new information in terms of greenhouse gas emissions and threatened species and requested input from the City Attorney. Mr. Lowell said he reviewed California Environmental Quality Act (CEQA) guidelines and is in the process of crafting a response to Mr. Kanz's letter. He explained that CEQA guidelines generally do not allow a certified EIR to be reopened unless there are specific types of new information; whether or not the information meets those requirements is still under consideration. He stated that both the court's order and California Elections Code provide the Council with the alternatives of either rescinding the ordinance or placing the item on the ballot. Councilmember Sullivan asked if the Council would have an opportunity to discuss this information and Mr. Lowell's response. He said the spirit of CEQA is public disclosure of environmental impacts and a process through which the public can weigh in on those impacts. Mr. Lowell advised that there may not be a CEQA process for reviewing a project that is already on the ballot but said the Council could certainly discuss it under Matters Initiated. Kay Ayala expressed disappointed that the election on Oak Grove is starting out with a misrepresentation of the facts and asked the Council to remove misleading language from the ballot argument and allow her to consult with them on more appropriate language. Councilmember Cook- Kallio said she understands there is a developer agreement in place that must be negotiated before the City will issue any permits. The City Manager read from Condition of Approval 79 which states, "The method and manner for the provision of these funds and /or facilities shall be approved by the City and in place prior to the issuance of building permits." Councilmember McGovern said she checked with the school district and was told there is not a signed contract at this time. Carolyn Newton read a statement Sierra Club from the Sierra Club endorsing a no vote for the Oak Grove Development on June 8. Karla Brown challenged statements made in the ballot augment in favor of the Oak Grove development. She there has been considerable discussion surrounding Measures PP and QQ and Judge Roesch's recent decision concerning the housing cap and noted that if Judge City Council Minutes Page 4 of 12 March 16, 2010