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4.1 No later than October 19, 2010, the City Council will amend the Pleasanton General Plan by: 4.1.1 Eliminating Policy 24 and Programs 24.1, 24.2 and 24.3 from the Land Use Element of its General Plan, and 4.1.2 Eliminating all references to the Housing Cap and related programs and policies throughout the various elements of its General Plan. 4.1.3 Pending the amendment of the General Plan as set forth in this Paragraph 4. 1, the City shall continue not to implement, administer or enforce Policy 24 or Programs 24.1, 24.2 and 24.3 of its General Plan. 4.2 Nothing in this Settlement Agreement shall prohibit the City from exercising its legislative authority to enact new and different growth management or other regulations in compliance with State law and consistent with this Settlement Agreement. 5. NON - DISCRIMINATION POLICY 5.1 The City represents, and Plaintiffs and Intervenor agree, that on July 20, 2010, the City adopted a non- discrimination resolution, Resolution No. 10 -390. That Resolution is attached as Exhibit C to this Settlement Agreement, and incorporated herein by this reference. 6. HOUSING ELEMENT 6.1 No later than August 16, 2011, the City will submit to HCD, for its statutory compliance review, a draft updated Housing Element for the Current Planning Period_ 6.2 The City will adopt an updated Housing Element for the Current Planning Period within 90 days after receiving FICD's comments on its draft Housing Element. 6.2.1 For unique and unforeseen circumstances, the Parties may agree to a reasonable extension of this date. Any delay or controversy in the (lousing Element update and IICD review process related to any claim by the City that it should be credited for the rezoning of 350 lower- income units during the Prior Planning Period, based on its approval of the 350 -unit Windstar project in or around September 2008, shall not constitute a unique and unforeseen circumstance for purposes of this section. Nothing in this Settlement Agreement shall limit the City's right, which the City reserves, to argue and address this issue during the Housing Element update and HCD review process. Sett e ment Agreement and Covenant Not to Sue - Page 5 or 15 750M1149 1