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14
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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DISCUSSION <br /> The Settlement Agreement basically tracks the Tentative Agreement. Below is an article <br /> by article explanation of the Settlement Agreement. (The term "Plaintiffs" refers to Public <br /> Advocates, Inc., Urban Habitat, Sandra DeGregorio et al.; the term "Intervener" refers to <br /> the California Attorney General.) <br /> Article 1 (Recitals). These statements set forth the underlying facts that led to the parties <br /> entering into the Settlement Agreement. This is typical of any settlement agreement as it <br /> makes clear what dispute is being resolved and under what circumstances. Section 1.9 <br /> incorporates the Court's March 2010 ruling. Section 1.10 reflects that through the <br /> Settlement Agreement all the parties are achieving results that they could not have <br /> achieved through a litigated outcome. Section 1.11 emphasizes that the parties worked in <br /> good faith to arrive at this Settlement Agreement. Section 1.12 incorporates the <br /> Tentative Agreement previously agreed to by the parties. Section 1.13 makes clear the <br /> parties' desire to fully settle and resolve the merits of the Urban Habitat Litigation and <br /> General Plan /CEQA Litigation. <br /> Article 2 (Definitions). Terms used in the Settlement Agreement have specific meanings <br /> which are set forth in this article. In reviewing the Settlement Agreement, one should <br /> refer back to these definitions. <br /> Article 3 (Recitals). This makes clear that the parties agree that what is set forth in the <br /> Recitals is correct. <br /> Article 4 (Housing Cap). These provisions bind the City to eliminating references to the <br /> Housing Cap from the Pleasanton General Plan by October 19, 2010. The City shall not <br /> implement the Housing Cap in the interim before those specific provisions are removed <br /> from the General Plan. It is specifically acknowledged that the City has the authority to <br /> enact growth control regulations in compliance with State law and consistent with the <br /> Settlement Agreement. This latter point was very important to the City Council in <br /> approaching the negotiations that led to this Settlement Agreement. <br /> Article 5 (Non - Discrimination Policy). It is acknowledged that the City adopted a non- <br /> discrimination resolution, Resolution No. 10 -390, on July 20, 2010, consistent with the <br /> previously agreed upon Term Sheet, and its terms are incorporated into the Settlement <br /> Agreement by reference. Should the City violate the terms of the Resolution, the <br /> Plaintiffs and Intervener could allege that the City has also violated the terms of the <br /> Settlement Agreement. <br /> Article 6 (Housing Element). As per the Tentative Agreement, the City is subject to an <br /> aggressive timeline (which closely tracks what was ordered by the Court) to submit a <br /> draft updated Housing Element for the fourth planning period to the State Housing and <br /> Community Development Department (HCD) by August 16, 2011. Thereafter, following <br /> receipt of HCD's comments, the City will have 90 days to adopt an updated Housing <br /> Element. (An extension of this date may be agreed to by the parties in the event of <br /> unique and unforeseen circumstances, but HCD's failure to credit the City for the <br /> rezoning of 350 lower income units in the prior planning period based on approval of the <br /> Page 4 of 7 <br />
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