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City of Pleasanton
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9/29/2010 2:46:54 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
10/5/2010
DESTRUCT DATE
15Y
DOCUMENT NO
14
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EXHIBIT E <br /> THE CITY OF 5 <br /> `_ - D... CITY COUNCIL AGENDA REPORT VV <br /> PL£ASANTON. <br /> August 17, 2010 <br /> City Manager <br /> City Attorney <br /> TITLE: APPROVAL OF SETTLEMENT AGREEMENT CONCERNING Urban Habitat <br /> v. City of Pleasanton LITIGATION <br /> SUMMARY <br /> The City Council has conducted several open meetings for the purpose of informing the <br /> public of the March 12, 2010 Superior Court ruling in the Urban Habitat v. City of <br /> Pleasanton litigation. Since receiving public comment regarding potential courses of <br /> action relating to the litigation, the City Council has been working with Urban Habitat, <br /> Public Advocates, Inc. and the Attorney General's Office, in an attempt to reach a <br /> settlement of the entire case. A tentative settlement agreement/settlement term sheet <br /> (Tentative Agreement) was arrived at between representatives of all parties, and on July <br /> 20, 2010 the Council unanimously (with Council member Sullivan absent) approved the <br /> general terms contained in that Tentative Agreement and authorized the preparation of a <br /> Settlement Agreement. The Settlement Agreement, which will dispose of all remaining <br /> causes of action and pending lawsuits relating to the Urban Habitat litigation, is now <br /> before the City Council for its consideration and approval. <br /> RECOMMENDATION <br /> 1. Authorize the City Manager to execute the Settlement Agreement (Attachment 1). <br /> 2. Authorize first payment of $995,000 from the Self- Insurance Retention fund (218). <br /> 3. Direct the City Manager and City Attorney to take appropriate steps to effectuate <br /> the City Council's intent in entering into the Settlement Agreement. <br /> FINANCIAL STATEMENT <br /> The Settlement Agreement requires the payment of attomey's fees equaling $995,000 <br /> within thirty days, and an additional $995,000 no later than July 31, 2011. The Self - <br /> Insurance Retention fund (218) will be used for the initial payment. The second payment <br /> will be addressed as part of the 2011 -12 Budget. <br />
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