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Ms. Ayala asked how this amount for amenities compares to other cities in the area. Mr. Swift said staff has not compared Pleasanton to other cities on this issue. Mr. Pico believed the amount for the amenities was under Council's discretion. If the developer does not want to pay the amount it can build according to the mid-point, which the General Plan states. He felt the community would like to see the applicant build at the mid- point. The roll call vote on the substitute motion was as follows: AYES: Councilmember Pico and Mayor Tarver. NOES: Councilmembers Ayala, Dennis, and Michelotti. ABSENT: None ABSTAIN: None Mayor Tarver said he is not blaming the schools for the situation. He is blaming both the City and the School District. He felt the Council was more to blame because it keeps approving projects in light of the data that is in front of them. Ms. Ayala asked if Council were to include a restriction contrary to Proposition 1A, is there any justification for a lawsuit. Mr. Roush said there is always the potential for a lawsuit when a project is approved. Ms. Ayala clarified her question: Would the developer have justification for a lawsuit if Council were to say it cannot build the project because of school impacts. Mayor Tarver said Council would not say that. There are many other issues, not just the schools. Ms. Michelotti said the School District has stated that it can accommodate the project. The roll call vote on Ms. Michelotti's original motion was as follows: AYES: Councilmembers- Ayala, Dennis, and Michelotti. NOES: Councilmember Pico and Mayor Tarver. ABSENT: None ABSTAIN: None There was a break at 8:50 p.m. The meeting reconvened at 8:56 p.m. Pleasanton City Council 15 12/01/98 Minutes