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MOTION: It was m/s by Cook-Kallio/Thorne to approve Consent Calendar as recommended and as noted. Motion carried by the following vote: Ayes: Councilmembers Cook-Kallio, McGovern, Sullivan, Thorne, Mayor Hosterman Noes: None Absent: None MEETING OPEN TO THE PUBLIC 13. Presentation of a proclamation proclaiming May 11 to 20 "Affordable Housing Week" Becky Dennis, Vice-Chair of Tri-Valley Housing Opportunity Center Board of Directors, provided a brief history on Affordable Housing Week. She stated that this year's celebration would include an event at Firehouse Arts Theater for Tri-Valley employers to familiarize themselves with the excellent programs and opportunities available to assist their employees. 14. Public Comment Fred Norman reported that 107 American military men and women have been killed in Afghanistan this year. He asked the Council to take a stand in opposition before more are sent to die. Cathe Norman read the names of the 34 American military killed in Afghanistan since the last Council meeting. PUBLIC HEARINGS AND OTHER MATTERS 15. Continued council deliberation and action regarding the appeal by Councilmember Sullivan of the Planning Commission's decision denying the appeal of Angela Joe-Willmes and Linda Martin, thereby upholding the Director of Community Development's approval of a zoning certificate to operate a supermarket as a permitted use within the existing building located at 3112 Santa Rita Road, and within the hours of operation and delivery limits as set forth in the existing Conditions of Approval for PUD-84 (Ordinances 1035, 1165 & 1214 and Planning Commission Resolution 2691) Mayor Hosterman stated that the Council took public testimony and closed the public hearing at the last meeting, before continuing deliberation to this session. Councilmember Sullivan requested that the Mayor reopen the public hearing and allow all members of the public who are present to provide comment. The Council deliberated briefly, with the majority stating no interest in rehashing the comments of the previous meeting but allowing those who did not have an opportunity to speak then to do so now. Councilmember Sullivan objected on principle and said that in 15 years of attending meetings, the Council has never denied the public an opportunity to speak regardless of whether they had done so previously. Councilmember Sullivan presented his position as the appellant. He stated that this application goes beyond the issue of simple land use permits; it raises much larger concerns about the local economy, the influence of business and corporate power over our government and lives, and the ability of public citizens to exercise their democratic rights. If not appealed, this decision would have allowed Walmart to open without any notice, public comment, or review by any City commission or the Council. This is precisely what Walmart has done in many other communities because they know that a controversial public process may jeopardize the project at hand and while legal, it is clearly undemocratic. He stated that despite what local media reports have claimed, his opposition to Walmart is rooted in the undoubted impact on local economy rather than some personal vendetta. Documented facts City Council Minutes Page 3 of 12 May 15,2012