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Councilmember Sullivan noted the Elections Code directly reinforces the language of the Referendum Petition in that it allows the Council to either repeal the ordinance or submit it to the voters. Councilmember McGovern asked if Ms. Seto could recall any referendums where the Council has not allowed rebuttal arguments. Ms. Seto said she has not been present for any referendum in the City. Mr. Fialho stated that at least the last two carried rebuttals. Mayor Hosterman opened the item for public comment. Carolyn Newton asked the Council to heed the passage of Measure PP in 2008, and vote to repeal the ordinance. Allen Roberts urged the Council to rescind its vote and ask the developer to return with a plan consistent with Measure PP. He asked that if the Council should choose to submit the matter to the voters, that it clarify the costs associated with a June versus November election. Kay Ayala encouraged the Council to rescind Ordinance No. 1961, and if not set November as the election date and to consider as the ballot question "Shall the development plan for the Oak Grove property in the City's southeast hills be approved Councilmember Sullivan asked her thoughts on who should draft the ballot arguments. Ms. Ayala said there are numerous people who would like to participate in drafting the argument for the referendum as well as rebuttals, and that they would like the Council to join them in that effort. Richard Pugh spoke in favor of repealing Ordinance No. 1961. Margo Tarver asked Council to considering repelling its approval of Ordinance No. 1961. Lee Fulton said that if this issue is put to the voters, it should be on the November ballot to ensure maximum public participation. Kelly Cousins asked the Council to rescind the project as proposed or if not, to place it on the November ballot. Paul Martens stated the project calls for the relocation of 750,000 cubic yards of dirt. He asked council to revisit the issue of campaign contributions from business enterprises seeking project approval within the City and for the Councilmembers who have received contributions from Oak Grove developers or their associates to recuse themselves from this item. Mayor Hosterman stated the data provided by Mr. Martens is only a small percentage of all campaign monies received and she invited the public to view the full campaign report online via the City's website. Karen DeBaca Martens questioned the fairness of actions by owners and developers of Oak Grove, particularly as they relate to campaign contributions. She asked that Mayor Hosterman and Vice -Mayor Thorne return all campaign contributions received from Mr. Tong. Karla Brown said when the Council majority voted in favor of the project, it did not have the same information it has now that the citizens want hillside protection. City Council Minutes Page 5 of 15 February 16, 2010