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Kelly Cousins was distressed to hear the City did not move to certify the signatures tonight, said the referendum on the ballot is important and hoped the Council could continue to serve as a protector of citizen rights. She also supported the City's efforts in campaign finance reform. Brian Arkin voiced disappointment that the Linn family used deep pockets to interfere with citizens and causing a resident to obtain private legal counsel and causing the City to prohibit them from certifying the referendum to have a June election. He asked that the Council stand up and say the behavior is against Pleasanton's community of character. Karla Brown said it is shocking attorneys are getting involved in the referendum process, believed the developer is using harsh tactics to fight the Council and its citizens, stated the City must now use tax dollars to defend itself and she hoped for the referendum to go to the ballot. Carolyn Newton said the lawsuit and restraining orders set a horrible precedent for the future of our democratic process; that if the development is such a good deal they should not be afraid of allowing people to vote. Julie Testa said the one of the most shameful chapters of Pleasanton history is the Ponderosa project referendum process and she sees this as a repeat of it. She hoped the Council will send a clear message that the issue is not about the Oak Grove project but about standing up for the citizens. She asked the Council rescind to approval of the project. Richard Pugh asked the Council to promote freedom of speech and assembly, defend Article II of the Constitution, protect free and unimpeded operation of the election code, and provide leadership to re-energize the community of character. He asked that Commissioners and Councilmembers protect City laws, specifically recommit to support the Election Code, disavow any threatening behavior, and believed campaigns like "Do Not Sign" to be corrosive. Michael Hamilton urged the Council to act as quickly as legally possible on the Oak Grove referendum and cited the business practices of the developer. Regarding campaign spending he did not support restrictions, supported on-line access to campaign information and recommended a community forum be held on a Sunday night prior to the election for candidates to make their case and cite any wrongdoings. Doug Miller said many have abused the right of property owners but he felt going to court to obstruct a democratic process was very serious and asked the Council to rescind its decision rather than letting attorneys and courts take control. Mayor Hosterman thanked speakers for sharing their opinions and concerns. She said the Council is precluded from engaging in public discussion for items not on the agenda, but said the item will be on a future agenda. PUBLIC HEARINGS AND OTHER MATTERS 20. Reviewed and conceptual approved the play yard design with improvements to Gingerbread Preschool; allocated $40,000 from the City's Capital Improvement Reserve for the contract amendment with Keller Mitchell & Co. for the development of construction documents for Gingerbread Preschool Play Yard, CIP #067015; and authorized facility improvements from the City's Facility Renovation Fund, not to exceed $345,000 City Council Minutes 5 January 15, 2008