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AGREEMENT REGARDING FEBRUARY 15, 2012 LETTER <br /> Attachment 1 <br /> This Agreement Regarding February 15, 2012 Meet and Confer Letter is entered into by <br /> and among Plaintiffs URBAN HABITAT PROGRAM and SANDRA DE GREGORIO, and <br /> Defendants CITY OF PLEASANTON and CITY COUNCIL OF PLEASANTON. <br /> 1. RECITALS <br /> 1.1 On or about October 17, 2006, Plaintiffs Urban Habitat Program and <br /> Sandra De Gregorio filed an action in Alameda Superior Court known as <br /> Urban Habitat Program, et al. v. City of Pleasanton, et al., Case No. RG <br /> 06 293831 ("Urban Habitat Litigation"). <br /> 1.2 In August 2010, the Parties formalized their resolution of the disputed <br /> claims and fully settled and resolved the merits of the Urban Habitat <br /> Litigation by entering into a Settlement Agreement, which was <br /> incorporated into the judgment of the Court, entered on August 19, 2010. <br /> 1.3 On February 13, 2012, the City adopted its updated Housing Element. <br /> 1.4 On February 15, 2012, Plaintiffs sent the City a meet and confer letter <br /> pursuant to Section 12.3 of the Settlement Agreement asserting that the <br /> City had failed to timely complete the re-zoning required under Section <br /> 6.6 of the Settlement Agreement, and had violated Sections 5.1 and 6.5 <br /> and Exhibit C by virtue of the inclusion of certain language in Policy 37 of <br /> the adopted Housing Element. Plaintiffs asserted that, absent a prompt <br /> negotiated resolution of these issues, they would seek a Court order (a) <br /> enforcing those terms of the Settlement Agreement, (b) re-imposing its <br /> injunction on the City's authority to issue land-use permits and approvals, <br /> and (c) awarding of further attorneys' fees covering the period since <br /> August 2012. <br /> 1.5 The City disputes the assertions in Plaintiffs' meet and confer letter. <br /> 1.6 The Plaintiffs and the City desire to fully settle and resolve the merits of <br /> the issues asserted in Plaintiffs' February 15 meet and confer letter, <br /> without further litigation, on the terms set forth herein. <br /> 2. AGREEMENT <br /> The above Recitals are incorporated herein by reference. <br /> 2.1 No later than July 18, 2012, the City Council shall amend the Pleasanton <br /> General Plan's Housing Element as set forth below, without making any <br /> other substantive changes to the Element: <br /> 2.1.1 Amending the Housing Element's Program 9.7 so that it reads <br /> in its entirety: <br />