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14
City of Pleasanton
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2010
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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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Plan. The City will implement the Scope of Services incorporated into the professional <br /> services agreement entered into between the City and ESA on July 20, 2010; provided, <br /> however, that the City may, in its discretion, and after providing advance written notice to <br /> Intervener and Plaintiffs, modify the Scope of Services in a manner that does not prevent <br /> the City from fully addressing the allegations raised by the General Plan /CEQA litigation. <br /> The Climate Action Plan will address the allegations raised by the General Plan /CEQA <br /> litigation, as spelled out in the Scope of Services. The Attorney General's Office has <br /> interpreted CEOA and its Guidelines to require that the City analyze its GHG emissions <br /> and reduction strategies for the life of a project (through 2025 for the City's General <br /> Plan), and to require that the City measure GHG impacts against physical environmental <br /> conditions as they exist at the time a Notice of Preparation is published, not against a <br /> "business as usual" scenario. The City acknowledges, but is not bound by, these <br /> interpretations of the Attorney General's Office, and shall consider drafting the SEIR to be <br /> consistent with these interpretations. Nothing in the Settlement Agreement requires the <br /> City to undertake any obligation with respect to the Climate Action Plan, or the SEIR for <br /> the Climate Action Plan, in excess of the obligations generally imposed under CEQA or <br /> any other State law. <br /> • <br /> Article 9 (CEQA). As appropriate, and as agreed to in the Tentative Agreement, the City <br /> will conduct environmental analysis in accordance with CEQA and CEQA Guidelines for <br /> the actions identified in the Settlement Agreement. <br /> Article 10 (No Additional Litigation; Plaintiffs' Waiver and Release). The parties agree to <br /> terminate all litigation. The City will not appeal or further contest the actions. The <br /> Plaintiffs and Intervener agree to dismiss with prejudice all outstanding causes of action <br /> and litigation. Dismissal with prejudice means they are agreeing not to sue the City <br /> again based upon any issue that was raised in the Urban Habitat litigation. But, they <br /> reserve the right to enforce the Settlement Agreement and challenge future <br /> implementation actions by the City, i.e. adoption of the Housing Element update and the <br /> Climate Action Plan. Enforcement of this agreement could entail reinstitution by the <br /> Court of cessation of the City's permitting authority. <br /> Article 11 (Permitting Authority). The City's permitting authority shall be fully and <br /> immediately restored upon approval of the Settlement Agreement. <br /> Article 12 (Judgment and Enforcement). The Settlement Agreement shall be made a part <br /> of a Judgment to be approved by the Court. The Court will retain jurisdiction over the <br /> case pending completion of all items agreed to by the parties. If one party believes the <br /> other has breached the terms of the agreement, there is a mechanism to notify the other <br /> party of the concern and an opportunity to meet and confer together before a party <br /> pursues judicial enforcement. It is acknowledged that Plaintiffs and Intervener may seek <br /> from the Court re- imposition of restriction of the City's permitting authority in the event of <br /> a breach of the Settlement Agreement by the City. <br /> Article 13 (Attorneys Fees and Litigation Costs). The City shall pay $1,990,000 to Public <br /> Advocates, Inc. in two equal payments, one within 30 days of the date of approval, and <br /> the second no later than July 31, 2011. The State Attorney General's Office does not <br /> seek recovery of fees. If Plaintiffs or Intervener make(s) a claim arising from some <br /> Page 6 of 7 <br />
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