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<br />Ms. Ayala wanted to ensure that the City would be protected against litigation. The <br />parcels could be added at a later date. <br /> <br />Mr. Pico said the parcels cannot be added. <br /> <br />Mr. Roush said the parcels could be added through a separate process. The parcel <br />owners can petition on their own to be annexed to the City. <br /> <br />Ms. Michelotti asked if the parcels could be added until the City submits the application <br />to LAFCO? <br /> <br />Mr. Roush said Council's decision tonight will frame the scope of the area that will be <br />part of the application. If Council does not include these parcels in its decision this evening, <br />staff cannot add them at a later date. He understood Mr. Pico's intent was to include the <br />parcels, but if the litigation was not dropped, then staff has the authority to delete the parcels. <br /> <br />Mayor Tarver said as a Commissioner on LAFCO he did not want to have to argue why <br />Council would exclude two parcels when it made sense to annex them. He said if the property <br />owners challenge the Specific Plan and it is set aside, he assumes the annexation will also be set <br />aside. <br /> <br />Mr. Roush said the Specific Plan challenge is pending at the present moment. The <br />annexation process is moving forward and could be completed before a decision is made on the <br />challenge to the Specific Plan. If the Specific Plan is set aside before LAFCO acts, it simply <br />means the City would have to go back to LAFCO. <br /> <br />Ms. Michelotti stated her objective was to get the entire property owned on these parcels <br />both inside and outside the City's urban growth boundary annexed. <br /> <br />It was moved by Mr. Pico, seconded by Mayor Tarver, to adopt Resolution No. <br />98-128, to proceed with the annexation of the entire area, including lots 116, 119 and 124, <br />with the provision that litigation regarding the Specific Plan must be settled as to parcels <br />116, 119 and 124 prior to LAFCO's taking action on the City's application. <br />The roll call vote was as follows: <br />AYES: Councilmembers - Ayala, Dennis, Michelotti, Pico and Mayor Tarver. <br />NOES: None <br />ABSENT: None <br />ABSTAIN: None <br /> <br />Pleasanton City Council <br />Minutes <br /> <br />10 <br /> <br />09/15/98 <br />