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Ms. Dennis continued to support the motion. She had a concern with any parkland along the bottom of the Arroyo. The roll call vote was as follows: AYES: Councilmembers Dennis and Michelotti. NOES: CouncilmemberAyala, Pico, and Mayor Tarver. ABSENT: None. ABSTAIN: None. It was moved by Mayor Tarver, seconded by Ms. Michelotti, to refer the matter to the Downtown Specific Plan Committee and to the Parks and Recreation Commission for any recommendations whether the !and could be used for trails/open space; that no building would be allowed on the property; and if the property is later declared surplus it would be offered for sale to the successor in interest of the persons who originally sold the property to the City, at a price set forth in the staff's recommendations. Ms. Michelotti asked if the property had to be offered to the public agencies? Mr. Roush said not until the Council declares the property surplus. Ms. Ayala said if the property is used for a trail, it is not surplus. Ms. Michelotti asked if the property was declared surplus would it be sold to Mr. Ciesielski? Mayor Tarver said not until after the property is offered to the East Bay Regional Park District and to Zone 7. Ms. Michelotti believed any motion should provide that "no building" be allowed on the property. Mr. Pico said the City has control over the property and until it is declared surplus there was no need to condition the property. He felt conditioning the property would be premature and would cloud the perception of those considering what to do with it. He would like all the committees to be able to look at all the options without reservations or conditions. Ms. Ayala felt the motion was trying to protect the neighbors but that if the land is declared surplus, it would be offered first to Mr. Ciesielski. Mayor Tarver said he was trying to alleviate any concems of the neighbors that someone would be able to build on the property. Pleasanton City Council 12 04/6/99 Minutes