CCMIN081710 - Laserfiche WebLink

addresses the court's entire March 12, 2010 ruling, as well as other outstanding litigation; and to minimize financial impacts associated with this litigation as much as possible Outside counsel Tom Brown provided a detailed overview of the litigation brought against the City by Urban Habitat challenging that the City's housing cap and growth management ordinance were inconsistent with obligations under State law. He discussed the mediation efforts that have taken place over the past several months which resulted in the settlement agreement now before Council for consideration. City Attorney Jonathan Lowell reviewed the terms of the settlement agreement and said the settlement agreement before the Council achieves the goals set out by the City Council when it began the negotiating process to resolve the lawsuit. The settlement agreement is consistent with the tentative agreement that the City Council previously approved and that the other parties agreed to. Staff, the City's legal counsel, and the Council subcommittee are recommending that the Council approve the settlement agreement and authorize the City Manager to sign it on behalf of the City. He said he was available for questions and turned over the presentation to the City Manager who will discuss implementation of the agreement. Mr. Fialho said he would share the concept of implementation, which would be returned to the City Council for discussion at a subsequent meeting. He said there are many timelines that need to be met over the course of the next 18 months. What staff has put forward in the staff report and plans to flush out more in detail in September is the idea of establishing a settlement agreement growth management committee, comprised of two Councilmembers and City staff to: 1) Monitor the enforcement and implementation of the agreement, to use the role of Councilmembers to provide periodic or quarterly updates to the community as to where the City stands in terms of implementation; 2) As it relates to growth management, the City was very successful at retaining its ability to influence growth management in the community, notwithstanding what happened with the housing cap, and the committee must conduct research and review and implement strategies to replace the housing cap going forward with growth management strategies that are legal and consistent with state law. The strategies would not only be implemented in the General Plan, but also incorporated in the Housing Element. Vice Mayor Thorne questioned whether this would open a floodgate of projects coming forward. He asked the City Manager to discuss some of the things that might be included in the growth management plan, as he sees this as one of the key methods of control. Mr. Fialho stated staff identified some of these options in a previous staff report, which is still on the City's website. Some of the things discussed in previous meetings are limiting growth around infrastructure and around the environment. The Climate Action Plan will most likely be the City's most successful tool in managing growth in the community, and ideas need to be flushed out publicly. Staff is suggesting the committee help staff and the community shepherd this through over the next several months. Vice Mayor Thorne opened the item for public comment. Becky Dennis urged the Council to approve the settlement agreement There being no other speakers, Vice Mayor Thorne closed the item to public comment. City Council Minutes Page 4 of 11 August 17, 2010