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MINUTES City of San Leandro City Council Meeting-July 9, 2007 Page 6 There being no further comments from the public, and without objection, the Public Hearing was closed. Councilmember Gregory stated that he supported the staffs conclusions. He indicated that he has heard from many constituents, and the overwhelming majority expressed opposition to the Grocery Outlet locating downtown. He referred to Mr. Nelson's comment that he and Councilmember Souza had met with him, and clarified that he had met with Mr. Nelson briefly at a TOD community meeting, and has spoken with him twice by phone. Councilmember Gregory commented that the TOD concept is taking hold in San Leandro and there is a tremendous amount of community support for TOD. He commented that the Bay Area planning community is taking notice of San Leandro and transit agencies are anxious to work with us. Councilmember ProIa expressed his agreement that Grocery Outlet is not compatible with the TOD Strategy or with the General Plan. He commented that the input he received was three-to-one against Grocery Outlet. Councilmember ProIa indicated that he understands that the Council must decide whether Grocery Outlet is a neighborhood grocery store or a supermarket, and he noted that Grocery Outlet's own website likens it to a supermarket. Vice Mayor Grant commented that from all that she has read, seen and heard, she would support the previous decisions of staff and the BZA. She noted that some of the speakers argued that the location should remain as a supermarket, but she pointed out that the City and community has invested a great deal of time developing a new vision for the downtown area, and the Council needs to stand by it. Vice Mayor Grant disputed Mr. Nelson's comments to the press that the City does not support its low- income residents, and she listed the many discount stores within two miles of the old Albertson's site. Vice Mayor Grant suggested that a Grocery Outlet be located in a part of town not currently served by a grocery store. She stated that she believed Grocery Outlet was a supermarket and not a neighborhood grocery store. Mayor Santos noted that the appellant was not given the opportunity to rebut the comments made during the public hearing, and the public hearing would be reopened. The Public Hearing was then reopened to allow the appellant the opportunity for rebuttal. Mr. Litfin implored the City Council to follow the Code as written. Mr. Litfin commented that the only evidence in the record is the market study prepared by Grocery Outlet which indicates that 90% of the store's business would come from within a two- mile radius. He stated that according to the Code, this means that Grocery Outlet is a neighborhood market. The Public Hearing was closed. Councilmember Souza commented that she did meet with Mr. Nelson, and she left the meeting with the sense that Grocery Outlet was more a supermarket than a