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THE CITY OF 04 <br /> CITY COUNCIL AGENDA REPORT <br /> pL E ASANTON. <br /> October 3, 2011 <br /> City Attorney's Office <br /> City Manager's Office <br /> TITLE: CONSIDER A PROPOSAL FOR A STAND DOWN OF LITIGATION <br /> ARISING FROM THE PRIOR 51 UNIT OAK GROVE PROJECT DURING <br /> REVIEW OF NEW APPLICATION FOR TEN LOTS ON THE OAK GROVE <br /> PROPERTY <br /> A proposal was received from legal counsel for the property owners in the two pending <br /> lawsuits against the City regarding the Oak Grove development. The City Council <br /> discussed the proposal with its legal counsel in closed session and on September 26 <br /> directed that a public meeting be held October 3 in order to advise the public of the key <br /> principles of the proposal and to obtain public input before the City Council makes a <br /> decision. The proposal was to put on hold (or stand down from) the two pending <br /> litigation matters while the property owners' currently pending application for a ten home <br /> project on the same site proceeds through the City's regular planning process. <br /> On September 28, the City Attorney was advised by counsel for the property owners <br /> that the proposal was withdrawn. Therefore, there are no principles of a proposal to <br /> share with the public at this time. The City Attorney expects to still provide a brief status <br /> update for the public on the pending litigation matters. As this meeting has already been <br /> noticed, if members of the public are in attendance on October 3, staff recommends the <br /> Council consider any public input that might be offered. Following the public meeting, <br /> the Council will then convene in closed session to discuss the pending Oak Grove <br /> litigation matters. <br /> It should be noted that City staff continues to process the current ten lot project, and <br /> such application will go through the City's normal development and environmental <br /> review processes. There will be noticed public hearings before the Planning <br /> Commission and the City Council at which members of the public can comment. Thus, <br /> there continue to be opportunities for interested parties to offer their views on this <br /> project. In addition, with regard to the pending litigation matters, the City Council <br /> always provides an opportunity for the public to comment before each closed session. <br /> Submitted by: Approved by: <br /> Jonathan Lowell Nelson Fialho <br /> City Attorney City Manager <br />