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THE CITY OF 24 CITY COUNCIL AGENDA REPORT pLEASANTONo July 20, 2010 City Manager's Office City Attorney TITLE: APPROVAL OF TENTATIVE AGREEMENT /SETTLEMENT TERM SHEET CONCERNING Urban Habitat v. City of Pleasanton LITIGATION AND DRAFT RESOLUTION AMENDING EXISTING NON DISCRIMINATION IN HOUSING POLICIES SUMMARY On April 6 and 20, 2010, the City Council conducted public meetings for the purpose of informing the public of the March 12, 2010 Superior Court ruling in the Urban Habitat v. City of Pleasanton litigation. Since receiving public comment regarding potential courses of action relating to the litigation, the City Council has been working with Urban Habitat, Public Advocates, Inc. and the Attorney General's Office, in an attempt to reach a settlement of the entire case. This report describes a tentative settlement agreement/settlement term sheet (Tentative Agreement) which has been reached between representatives of all parties. If approved by the City Council, this matter along with all outstanding litigation against the City will be dismissed upon final adoption by the City Council on August 17, 2010 (including three pending unresolved claims /lawsuits related to the General Plan and the City's housing policies). As part of the settlement terms, the City's existing non discrimination in housing policies are to be strengthened, and a resolution making such modifications is provided for the City Council's consideration. RECOMMENDATION 1. Authorize the City Manager to execute the Tentative Agreement/Settlement Term Sheet (Attachment 1). 2. Authorize the City Attorney to prepare a settlement agreement embodying the concepts and provisions set forth in the Tentative Agreement/Settlement Term Sheet. 3. Direct the City Manager to place the settlement agreement on the August 17, 2010 City Council agenda for approval. 4. Approve the attached draft resolution (included as an attachment to the Tentative Agreement) approving enhancements to the City's existing non discrimination housing policies. 5. Authorize staff to begin preparing resolutions, ordinances and agreements consistent with the terms set forth in the Tentative Agreement.