14 - Laserfiche WebLink

DISCUSSION The Settlement Agreement basically tracks the Tentative Agreement. Below is an article by article explanation of the Settlement Agreement. (The term "Plaintiffs" refers to Public Advocates, Inc., Urban Habitat, Sandra DeGregorio et al.; the term "Intervener" refers to the California Attorney General.) Article 1 (Recitals). These statements set forth the underlying facts that led to the parties entering into the Settlement Agreement. This is typical of any settlement agreement as it makes clear what dispute is being resolved and under what circumstances. Section 1.9 incorporates the Court's March 2010 ruling. Section 1.10 reflects that through the Settlement Agreement all the parties are achieving results that they could not have achieved through a litigated outcome. Section 1.11 emphasizes that the parties worked in good faith to arrive at this Settlement Agreement. Section 1.12 incorporates the Tentative Agreement previously agreed to by the parties. Section 1.13 makes clear the parties' desire to fully settle and resolve the merits of the Urban Habitat Litigation and General Plan /CEQA Litigation. Article 2 (Definitions). Terms used in the Settlement Agreement have specific meanings which are set forth in this article. In reviewing the Settlement Agreement, one should refer back to these definitions. Article 3 (Recitals). This makes clear that the parties agree that what is set forth in the Recitals is correct. Article 4 (Housing Cap). These provisions bind the City to eliminating references to the Housing Cap from the Pleasanton General Plan by October 19, 2010. The City shall not implement the Housing Cap in the interim before those specific provisions are removed from the General Plan. It is specifically acknowledged that the City has the authority to enact growth control regulations in compliance with State law and consistent with the Settlement Agreement. This latter point was very important to the City Council in approaching the negotiations that led to this Settlement Agreement. Article 5 (Non - Discrimination Policy). It is acknowledged that the City adopted a non- discrimination resolution, Resolution No. 10 -390, on July 20, 2010, consistent with the previously agreed upon Term Sheet, and its terms are incorporated into the Settlement Agreement by reference. Should the City violate the terms of the Resolution, the Plaintiffs and Intervener could allege that the City has also violated the terms of the Settlement Agreement. Article 6 (Housing Element). As per the Tentative Agreement, the City is subject to an aggressive timeline (which closely tracks what was ordered by the Court) to submit a draft updated Housing Element for the fourth planning period to the State Housing and Community Development Department (HCD) by August 16, 2011. Thereafter, following receipt of HCD's comments, the City will have 90 days to adopt an updated Housing Element. (An extension of this date may be agreed to by the parties in the event of unique and unforeseen circumstances, but HCD's failure to credit the City for the rezoning of 350 lower income units in the prior planning period based on approval of the Page 4 of 7