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project can't be approved, then we need to know that. No one will <br />know that unless the entire town can vote on the issue. The <br />developer did not start the process, but now that it is in <br />progress, the entire city should vote on the project. He indicated <br />that if Council rescinds the ordinance, the developer will take <br />action to get it on the ballot through the initiative procedures. <br /> <br /> Mr. Inderbitzen did now know of any statutes that compels the <br />Council to act "without delay" to meet its mandatory obligation <br />under Section 4055 to either rescind the ordinance or put it on the <br />ballot, however the entire Elections Code that this section appears <br />in is based on timeliness. To paraphrase another great speaker <br />"Justice delayed is justice denied." This ordinance has been <br />suspended as a result of the referendum which has an impact on the <br />property owner. He is willing to seek court action to compel <br />Council to take action, but feels that would be a travesty. This <br />Council should not have to be compelled to do things by a court. <br />Council has an affirmative duty by statute to act. <br /> <br /> Finally, he totally agreed with Ms. Michelotti. He believed <br />she had recognition of the responsibilities of the office of <br />Councilmember which he wished were more widely accepted. It seems <br />to make the Council election a one issue election is not <br />appropriate. The responsibilities of the Council go far beyond one <br />issue. <br /> <br /> Mr. Tarver inquired if Mr. Inderbitzen would prefer an <br />election in June or could he wait until November to save the City <br />some money. <br /> <br /> Mr. Inderbitzen indicated there was no preference for the <br />date. <br /> <br /> Frank Belecky, 892 Madeira Drive, indicated his belief that <br />the purpose of the Council is to represent the citizens of <br />Pleasanton. It is not to represent the whole region. The <br />Kottinger Hills project is probably going to be a major issue in <br />the election. He felt that 4,300 people signed the petition and <br />their wishes are clear. <br /> <br /> Lori Hollister, 1249 Concord Street, concurred with Mr. <br />Inderbitzen that this issue needs to go to a vote of the people. <br />As one person who spent a lot of time and effort into the <br />referendum process, she believes that a project of this magnitude <br />needs to be voted on by all of the people in Pleasanton and not <br />simply decided by the City Council. She indicated if her group <br />were wrong and the majority of people in Pleasanton want the <br />project, then they will live with it. She reiterated that the <br />voters should have an opportunity to vote on this item. <br /> <br /> Ms. Scribner indicated that the Council acts as a whole body <br />and a decision was made to approve this pro~ect. There was a <br /> <br />1/5/93 23 <br /> <br /> <br />