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Ms. Rivera - Henderson noted that Pleasanton will be receiving an award for its willingness to work with the ADA and to provide as much assistance as possible. The award will be presented at the anniversary event. PUBLIC HEARINGS AND OTHER MATTERS 23. Adopt a resolution reciting facts of the June 8, 2010 General Municipal Election concerning Measure D; Oak Grove Development Plan City Attorney Lowell stated that the Alameda County Registrar of Voters has canvassed the retums of all votes cast and has certified the election of June 8, 2010. He recommended adoption of the Resolution declaring the results of the election as required under the Elections Code. The number of votes cast in person was 6,631 and 11,731 mail -in ballots were received, for a total of 18,362 ballots cast out of 40,452 registered voters. Measure D received 8,174 (46.13 %) "Yes" votes and 9,544 (53.87 %) "No" votes. Mayor Hosterman opened the hearing to public comment. Karla Brown asked if there could be any existing illegal status that the development agreement could maintain after certification of the election. She said she previously came before the Council to request funds because the No on D campaign was short $1,700 and reported that through small donations, that shortcoming has been filled. Mayor Hosterman closed the item for public comment. Mr. Lowell stated that the effect of the voters rejecting the Oak Grove Development Plan is to render Ordinance No. 1961 of no further force and effect. By its own terms, Ordinance No. 1962 approving the Development Agreement provides that if Ordinance No. 1961 is set aside by referendum, Ordinance No. 1962 shall also be of no force and effect. He acknowledged that _ there is some question as to whether or not the Development Agreement itself is still in effect and that the definitive answer in this question may have to come from a court of law. Based on the clear intent of the City Council in including the poison pills provisions in both ordinances, the fact that the City Manager did not sign the Development Agreement until required to do so by a court, and statements made by both parties during litigation, he found the consistent extension of the City's position to be that the Development Agreement itself is of no force and effect. Councilmember McGovern said she has read the hearing transcriptions and the opposing side indicated more than once that they were aware the Development Agreement would be void if the project were overturned by referendum. Mr. Lowell confirmed there are statements to that effect in the record of the court proceedings. He said staff is aware of them and if it comes to the point of determining whether the Development Agreement is in effect, those issues would be raised and considered. MOTION: It was m/s by Hosterman /McGovem to adopt Resolution No. 10-389 reciting facts of the June 8, 2010 General Municipal Election concerning Measure D; Oak Grove Development Plan. Motion passed by the following vote: Ayes: Councilmembers McGovern, Thome, Mayor Hosterman Noes: None Absent: Councilmembers Cook - Kallio, Sullivan 24. Consider approval of a Tentative Agreement between the City of Pleasanton and Urban Habitat Public Advocates and Attorney General — City Council Minutes Page 4 of 12 July 20, 2010