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14
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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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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alleged occurrence before the approval of the Settlement Agreement, the City's obligation <br /> to make any remaining payment shall cease and Plaintiffs shall be obligated to reimburse <br /> the City for any payment already made (a strong incentive for not engaging in additional <br /> litigation against the City of Pleasanton.) Plaintiffs and Intervener are not waiving rights <br /> to claims for alleged wrongdoing by the City occurring after approval of this Settlement <br /> Agreement. <br /> Article 14 (Other Provisions). No party admits liability or fault by entering into the <br /> Settlement Agreement. No third party may rely upon the Settlement Agreement to claim <br /> a benefit under the agreement, i.e. the parties do not intend for the Settlement <br /> Agreement to confer rights upon a third party that such third party might seek to enforce <br /> against the City or other parties. The remaining provisions in this article are standard <br /> clauses in release agreements and are appropriate for inclusion in the Settlement <br /> Agreement. <br /> OTHER RELATED MATTERS <br /> In recognition of the complexity associated with implementation of this Settlement <br /> Agreement and the importance of transparency in its execution, staff will be <br /> recommending to the City Council the establishment of a Settlement Agreement/Growth <br /> Management Sub - Committee comprised of two Council members and City staff. The <br /> goal of this sub - committee will be to monitor ongoing implementation of the Settlement <br /> Agreement and provide quarterly updates to the public. The group will also be charged <br /> with reviewing, researching and investigating altemative growth management strategies <br /> for consideration and implementation by the City, prior to and or following adoption of the <br /> new Housing Element. Establishment of the subcommittee will be presented to the City <br /> Council for its consideration in September. <br /> CONCLUSION <br /> Staff, City legal counsel and the City Council negotiating team believe this Settlement <br /> Agreement meets the goals the City Council set in order to address this situation and <br /> settle the litigation pending against the City. The Settlement Agreement places <br /> considerable obligations upon the City which must be met within very short time periods. <br /> Still, this Settlement Agreement results in greater certainty for the City, residents, future <br /> residents, businesses and property owners. It will allow the City to proceed with updating <br /> its Housing Element and adopting a Climate Action Plan in accordance with State law. <br /> Submitted by: Approved by: <br /> ath-o reita-y <br /> Jonathan P. Lowell Nelson Fialho <br /> City Attorney City Manager <br /> Attachments <br /> 1. Settlement Agreement signed by Plaintiffs and Intervener, with attachments <br /> 2. July 20, 2010 City Council Agenda Report concerning Urban Habitat litigation, with attachments <br /> 3. July 20, 2010 City Council Agenda Report approving agreement with Environmental Sciences <br /> Associates to prepare Climate Action Plan and EIR, with attachments <br /> Page 7 of 7 <br />
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