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THE CITY OF 15 CITY COUNCIL AGENDA REPORT PL£ASANTONe August 17, 2010 City Manager City Attorney TITLE: APPROVAL OF SETTLEMENT AGREEMENT CONCERNING Urban Habitat v. City of Pleasanton LITIGATION SUMMARY The City Council has conducted several open 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. A tentative settlement agreement/settlement term sheet (Tentative Agreement) was arrived at between representatives of all parties, and on July 20, 2010 the Council unanimously (with Council member Sullivan absent) approved the general terms contained in that Tentative Agreement and authorized the preparation of a Settlement Agreement. The Settlement Agreement, which will dispose of all remaining causes of action and pending lawsuits relating to the Urban Habitat litigation, is now before the City Council for its consideration and approval. RECOMMENDATION 1. Authorize the City Manager to execute the Settlement Agreement (Attachment 1). 2. Authorize first payment of $995,000 from the Self- Insurance Retention fund (218). 3. Direct the City Manager and City Attorney to take appropriate steps to effectuate the City Council's intent in entering into the Settlement Agreement. FINANCIAL STATEMENT The Settlement Agreement requires the payment of attorney's fees equaling $995,000 within thirty days, and an additional $995,000 no later than July 31, 2011. The Self - Insurance Retention fund (218) will be used for the initial payment. The second payment will be addressed as part of the 2011 -12 Budget.