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01
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2012
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071712 Special Meeting
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7/13/2012 1:51:02 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
7/17/2012
DESTRUCT DATE
15Y
DOCUMENT NO
01
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He stated that if the Council did not provide support to continue the item, he was prepared to do so <br /> himself, as allowed under Council rules. <br /> City Manager Fialho explained that a decision to continue the item to a date certain time would require <br /> a majority vote by the Council. The alternative described by Councilmember Sullivan would continue <br /> the item to the next regular Council meeting on May 15'". <br /> Assistant City Attorney Seto noted that under the appeal process, a Council majority may continue the <br /> item for no more than forty (40) days. <br /> The Council did not provide support to continue the item. <br /> Councilmember Sullivan asked to continue the item to May 15'" and for staff to respond to the points <br /> raised prior to that date. <br /> Ms. Seto confirmed his ability to continue the item as stated. <br /> Councilmember Cook-Kallio reported that the Chamber of Commerce PAC did contribute to her <br /> election campaign, as did several unions. She estimated that several of her students had received <br /> nominal donations in the form of soda pop from Wal-Mart at some time, none of which was enough to <br /> alter her decision one way or another. She said it is not for her to decide to whom a property owner <br /> should lease their property. She said the law does not distinguish between those it likes and those it <br /> does not. One of the concepts that keep getting lost here is that a PUD really limits the discretion of the <br /> Council and, while she has concerns, she cannot prevent a business from operating a use that is <br /> allowed by law. <br /> Councilmember Thorne reported having received support from the Chamber of Commerce and unions, <br /> although he could not be certain about the PAC, and said he has never received any money from Wal- <br /> Mart. He said that in his mind, it is a simple matter of determining whether the project is consistent with <br /> zoning, General Plan, and PUD regulations; this project appears to comply with all, as indicated by the <br /> decisions of the Zoning Administrator and Planning Commission. He said the Council does not have the <br /> latitude to base its decisions on the business model that Wal-Mart may choose to use and arguing the <br /> integrity of that model does not change the fundamental facts of the issue. <br /> Councilmember McGovern acknowledged and respected Councilmember Sullivan's right to continue <br /> the item. She said she received no support from the Chamber of Commerce, PAC, unions, or any <br /> special interest groups in her last two elections nor has she ever solicited or received any support from <br /> Wal-Mart. She said believed in free enterprise, that proposed use is allowed under all the regulations <br /> identified, and that the public deserves the right to choose where it spends its money. She also <br /> cautioned that while some are worried about the legal implications of allowing Wal-Mart to do business <br /> here, a significant lawsuit would likely result if the Council were to unlawfully prevent it. <br /> Mayor Hosterman said it is no secret that she has not been in favor with the Wal-Mart Corporation over <br /> the years. However, this is an issue of permitted versus discretionary uses and it is clearly a permitted <br /> use. <br /> Councilmember Sullivan assured the public he would share his full comments on the matter at the May <br /> 15`h meeting, provided staff prepares the information he requested. <br /> Mr. Filaho stated that information related to financial contributions is readily available through the City <br /> Clerk or on the City's website. In regards to the other requests, he explained that Council Policy <br /> requires support, as indicated by a motion and vote in the affirmative, on anything that necessitates <br /> City Council Special Meeting Minutes Page 6 of 7 May 7, 2012 <br />
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