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431 There being no further testimony, Mayor Mercer declared the public hearing closed on the application and the negative declaration. After considerable discussion, it was moved by Councilmember Butler, and seconded by Councilmember Kephart, that Article 23 (non-conforming uses), Chapter 2, Title II of the Ordinance Code of the City of Pleasanton, as it relates to the elimination of non-conforming uses, structures and signs, be retained in its present form. The roll call vote was as follows: AYES: Councilmembers Butler, Kephart, Mohr, Wood, and Mayor Mercer NOES: None ABSENT: None Because of the above action, no action was required or taken by Council on the negative declaration. Appeal of Kaiser Foundation Health Plan of certain conditions of approval set the Design Review Board in approvtng the design of ~n 9p~roximately 46~000 sq. ft. medical Office building proposed 'to' be constructed at the southwest corner of Springdale Avenue and Stoneridge Mall Road Mayor Mercer declared the public hearing open on this item, and continued to the meeting of August 25, 1981, 8:00 P.M., Fairgrounds Cafeteria. MATTERS CONTINUED FOR DECISION Referendum Discussion: Repeal Ordinance No. 973 in its entirety or Call of Special Election Mr. Walker presented his report (SR 81:276) dated August 6, 1981, regarding this matter. Mr. Paul Ebright, 5416 Blackbird Drive, stated he favored the second proposed language wording for the ballot. Mr. Lee Henderson, 2870 Foothill Road, stated he felt Council should reconsider placing this matter on the ballot. He stated that 3,000 signatures on the petition should indicate that citizens are opposed to the Meyer project as approved. He stated the cost of the election should also be considered, and he felt the money could be spent for better purposes. He urged Council to reconsider their vote on this matter. Mr. Frank Capilla, 2220 Camino Brazos, stated that 3,000 signatures on the petition did not represent the entire community. He stated he felt the Meyer pro- ject would be an asset to Pleasanton and he is in favor of it. Councilmember Wood asked if Mr. Meyer would consider changing his project from 5-story buildingsto 3-story buildings. Mr. Larry Osborne, representing Mr. Meyer, stated he could not answer that question. After discussion, it was moved by Councilmember Butler, and seconded by Council- member Kephart, that Ordinance No. 990, to be read by title only and waiving further reading thereof, that Council order an election be held on November 3, 1981, to sub- mit Ordinance No. 973 to the voters of the City of Pleasanton; that the County Regis- trar of Voters be notified that the election is to be consolidated with the school district election to be held on that date; that direct arguments for and against Ordinance No. 973 be submitted to the City Clerk by August 17, 1981, before 5:00 P.M.; and that rebuttal arguments be submitted to the City Clerk by August 27, 1981, at 5:00 P.M., with ballot language as follows: "Shall Ordinance No. 973 adopted by 9. S/ll/Sl