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City of Pleasanton
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2008
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052008
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5/15/2008 11:48:46 AM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
5/20/2008
DESTRUCT DATE
15 Y
DOCUMENT NO
01
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to ask those questions and build a level of confidence that you have a good product and <br />package put together and reviewed with the right people. He said there have been many <br />successful campaigns, some are often challenged in court and they went through the process <br />and either passed or failed. He believes what happened here is someone was careless and they <br />did not get it right and that is what courts are for, and he urged the Council to let the process <br />continue to unfold. <br />Mary Roberts spoke of Chris Lee's comments at the last meeting regarding the right of citizens <br />to petition their government, said she actually witnessed petitioners being harassed. Parts of the <br />process was a bit jumbled, and the City told Kay Ayala that she had everything to carry that she <br />possibly could, she disagreed with Mr. Inderbitzen greatly and while it may be a political issue, <br />she cannot say that it is going to go one way or the other, and hoped the Council supports the <br />appeal. <br />Arne Olson said he was the no-vote on the Planning Commission because he had issues <br />regarding the emergency vehicle access situation in the project. Following their meeting the City <br />and the developer met with the affected community and resolved those issues. He said he <br />would have been a yes vote if this had been resolved at the meeting. Also, he and his wife were <br />approached with a petition by two women who proceeded to tell them about the project. One of <br />the points they made was that it is not that big of a deal that the City is getting regarding <br />acreage deeded to them; people can already walk the property now, and he reminded the <br />women that the property is private. He said he was not harassed but when he saw the judge's <br />decision he was not surprised. He urged the Council to stay the course and not reverse the <br />decision. He believes the project is good for the City and hopes it could move forward. Also, it <br />would be unfortunate if City funds were used to finance an appeal of a decision the Council has <br />already made. <br />Dennis Spielvogal asked the Council to use the City's resources to support the appeal process. <br />He said what is important is that the citizens of Pleasanton have the opportunity to evaluate the <br />issue and be able to vote on it and it is a good resource of funds. <br />Sherrell Michelotti said she was appreciative of what the Council has done in the past regarding <br />the project and its approval, said she and her husband Carl support the Council's decision, did <br />not want the Council to use City funds to support the appeal. She asked the Council to stick to <br />its decision, said the judge has made his decision; an appeal has been filed and asked that the <br />process move forward. <br />Laura Danielsen said she had no feeling one way or the other about the project until Kay Ayala <br />made her read the materials that were included and she did not believe the project offered a lot <br />to the City. She therefore chose to sign and support the other side. She said she has worked <br />with and respects the petitioners, said she was present because she feels she must stick up for <br />those who signed the petition, and she believed the Council should spend some money on <br />supporting the people. <br />Kay Ayala said she wanted to clear up something. When the City and signature gatherers were <br />first sued, her name was put down, but there were 50 others who were named in it. At the <br />hearing the City stayed neutral, and the judge dismissed the allegations that misleading and <br />false statements were made. She said she can see that if the Council thought she made <br />misstatements, that it would direct the City Attorney not to defend them but the one piece that <br />the judge kept in was the ordinance which election law dictates exactly what to carry, nothing <br />more, nothing less. The judge's ruling addresses what the City did not what the citizens did. She <br />City Council Minutes 3 April 29, 2008 <br />
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