HomeMy WebLinkAbout1997-07-22; City Council; Resolution 97-548e 0
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RESOLUTION NO. 97-548
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA AUTHORIZING THE APPROVAL OF THE AGREEMENT TO
DISMISS CEQA WRIT PROCEEDING IN BECKMAN INSTRUMENTS, INC.
V. CITY OF CARLSBAD (N75252)
WHEREAS, on July I , 1997 Beckman Instruments filed a Writ of Man(
to set aside the Planning Director’s determination of prior compliance for CEQA
purposes regarding potential acquisition of Beckman Property; and
WHEREAS, staff has determined and recommends that the City Cour
promise not to utilize the determination of prior compliance as the environmental
document for potential acquisition of the Beckman site; and
WHEREAS, Beckman Instruments is willing to dismiss the writ procee
without cost to the City upon City Council’s promise not to utilize the determination (
prior compliance or raise defenses relating to timeliness; and
WHEREAS, on recommendation of the City Attorney, the City Council
the City of Carlsbad, California has determined that approval of the Agreement to
Dismiss CEQA Writ Proceeding in the lawsuit entitled Beckman Instruments, Inc. v.
of Carlsbad is in the public.interest; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the Cit
Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the City Council approves the Agreement (attached as Exhibi
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3. That the Mayor is authorized and directed to execute the Agreeme
on behalf of the City.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the C
Council of the City of Carlsbad on the 221113 day sf July 3 1997, by th
following vote, to wit:
AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, and
NOES: None
ABSENT: None
ATTEST:
LbdL JI QhYA
ALETHA L. RAUTENKRANZ, City Clerq
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AGREEMEN_T
This Agmment is made and entered into on July -, 1997 by and between Beckman
-Tnstruments, Inc. ("Bechm"), a DBlawm cgrpoxatiou, and the City of Carhbad (the "City"),
a California municipal coprathn, with xegard to the following recitals:
A. On Jwb 2,1997, the City prepared a "Notice of Prior Cornphce," based on an
uuckxlyin% "hhmentaz Impact Assessment," fbr a Planning Comnrissian De termimbn of General plan, Cansisbmy in codon with the City's intended acquisition of real property
. ow& by Beclnnan and situated on the east side of El camino Rd and SIYutherIy of Paraday
Avenue (referred to by the City as "PCD/GPC 97-01 - Backmaa Propcay'').
B, On June 19,1997, the City posted a notice of public beaning to be conducted by,
the Planning Commission on July 2, 1997 for "PCD/GPC 97-01 - Bcxkrnan Pmpexty."
C, Qn July 1, 1997, Beckman filed and served a legal action entitled Beckman Instruments? he, v. Citv of Carlsbad beating San Riego County Supmior Court Case No.
(the "Ackim"). The Action has beeu bnwght undm the California Bnvirmmenta! 'Quality Act
with nxpxt to the "~otice of mor Compkme'' and underlying "-ental Impact Assessment" prelpared for "FCDIGPC 97-01 - Beclanan Pm~rty.v
. D.. On July 2,1997, the City determined to remove the "PCDKiPC 97-01 - Beckman
Pmperty" item off tbe Planning' Commissicm's agenda 'ralher than cbntirme the item ta a date m, with the intent of wmpletjng additional mvironmental %view. At the same time, the
City qwki'that Beckman &mb the Action without prejudice.
E. &?dunan is willing to dismiss thk Action 011 the basis of the terms and conditions
of this ' Agreement.
NOW, TRBRBpc)RI&, Bechman and the City ap as follows:
1. The City a- that the "PCDKiC 9" - Beckman property" itern wlllI not be
rcspored to tho Planning Cmmission's agenda until after the compIetion of additional
envhnmental =view.
2. Within three (3) bushess'days of ieceipt of this Agreement exenrt-ed by the City's
rcyresenW&, Eeckman agrees to. and &dl execuk and file with the Court a request fox
dismissal of the Mm without prejudice.
3. Beckman reserves the Q$t to bring admhkative and judicial chdhqg ta any
dcmnnents and/or a&ans arisiog out of or based on any additional envhnm- review to be
mmapl- for the "PCD/GPC 9741 - Beckman P.tmpefly" project.
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4. In the event the City detennioEq to proceed with the "PCDIGPC 97-01 - Beckman
PrCrpr=ry" project on the bas& of or in reliance on the previously prepad "Notice of Prlw
Compliance" and ''Environmcntd Impact Asyessruent," then Beckman shall not be precluded .
from mfii the Action or another p1ding containing the allegations set forth in the Action,
and the City hereby agm tu waive and not to assert any de&mes thereto bascd on my ground
dating to tinlcliness or the passage of time, including but not limited to the Wte of limitations
and laches.
5, Jlwh of the persons executing this Agreement wanarrt and rtpnwmt that he or she
ia authorizlad lo do so and thereby bind the party on whose bnbalf such execufioll was made to
' the dnda and uhligaticm contained in this Agreement.
BRCKMAN KNsTRlJhmNTs, mc, QTY OF CARUBAD
By:"
By: Mayor
Title;
By:
' m.k
APPROVED AS TO FORM.
ACLTBST;
city Clerk
RUW a Tucker, LLP' . Office of the City Attorney City af Cadsbad
By: Philip I), Kohn By:
. Attorneys for &Urn Instnunents, hc. Ronald R BaIl
City Attorney
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