HomeMy WebLinkAbout2021-09-14; City Council; Resolution 2021-208Sept. 14, 2021 Item #4 Page 4 of 16
RESOLUTION NO. 2021-208
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, RATIFYING THE TERMINATION OF THE MUTUAL
COOPERATION AND SETTLEMENT AGREEMENT WITH THE COUNTY OF SAN
DIEGO REGARDING THE MCCLELLAN-PALOMAR AIRPORT MASTER PLAN
UPDATE
WHEREAS, the County of San Diego owns and ~perates the McClellan-Palomar Airport
("Airport"), located in the City of Carlsbad, California.
WHEREAS, on or about Oct. 10, 2018, the county Board of Supervisors approved the McClellan-
Palomar Airport Master Plan Update ("Airport Master Plan") and certified the adequacy of the Final
Program Environmental Impact Report for the Airport Master Plan ("Final PEIR")
WHEREAS, on or about Dec. 6, 2018, the city filed a lawsuit against the county in San Diego
Superior Court as Case No. 37-2018-00061565-CU-MC-CTL, challenging the adequacy of the Final PEIR
for the Airport Master Plan ("city's lawsuit"); and
WHEREAS, on or about March 28, 2019, the city and the county entered into the Mutual
Cooperation and Settlement Agreement ("Settlement Agreement"), which provided for cooperation
between the city and the county concerning the Airport Master Plan and for dismissal of the city's
lawsuit; and
WHEREAS, on or about May 5, 2021, pursuant to a writ of mandate issued in an action entitled
Citizens for a Friendly Airport v. County of San Diego (San Diego Superior Court Case No. 37-2018-
00057624-CU-TT-CTL), the county set aside its certification of the Final PEIR and rescinded and vacated
its approval of the Airport Master Plan; and
WHEREAS, on or about June 11, 2021, the city requested termination of the Settlement
Agreement because the Settlement Agreement was intended to guide mutual cooperation on the
Air.port Master Plan and the approval of the Airport Master Plan had been set aside; and
WHEREAS, on or about Sept. 1, 2021, the county agreed to the city's request for termination of
the Settlement Agreement;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1. That the above recitations are true and correct.
Sept. 14, 2021 Item #4 Page 5 of 16
2. That the Termination of Mutual Cooperation and Settlement Agreement (Attachment
A) is ratified.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 14th day of September, 2021, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Hall, Blackburn, Bhat-Patel, Acosta, Norby.
None.
None.
MA TT HALL, Mayor
FAVIOLA MEDINA, City Clerk Services Manager
(SEAL)
TERMINATION OF MUTUAL COOPERATION AND SETTLEMENT AGREEMENT
This Termination of Mutual Cooperation and Settlement Agreement ("Termination") is agreed to by and between the City of Carlsbad ("City") and the County of San Diego ("County") (the City and the County shall be refe1Ted to
collectively as the "Parties"), with respect to the following facts and circumstances:
WHEREAS, the County owns and operates the McClellan-Palomar Airport
("Airport"), located in the City of Carlsbad, California.
WHEREAS, on or about October 10, 2018, the County Board of Supervisors
approved the McClellan-Palomar Airp01i Master Plan Update ("Airp01i Master Plan") and certified the adequacy of the Final Program Environmental Impact Rep01i for the
Airport Master Plan ("Final PEIR")
WHEREAS, on or about December 6, 2018, the City filed a lawsuit against the
County in San Diego Superior Comi as Case No. 37-2018-00061565-CU-MC-CTL, challenging the adequacy of the Final PEIR for the Airport Master Plan ("City's Lawsuit"); and
WHEREAS, on or about March 28, 2019, the City and the County entered into the Mutual Cooperation and Settlement Agreement ("Settlement Agreement") which provided
for cooperation between the City and the County concerning the Airport Master Plan and dismissal of the City's Lawsuit; and
WHEREAS, on or about May 5, 2021, pursuant to a writ of mandate issued in an action entitled Citizens/or a Friendly Airport v. County of San Diego (San Diego Superior
Comi Case No. 37-2018-00057624-CU-TT-CTL), the County set aside its ce1iification of the Final PEIR and rescinded and vacated its approval of the Airp01i Master Plan; and
WHEREAS, after the County set aside its ce1iification of the Final PEIR and
rescinded and vacated its approval of the Airp01i Master Plan, the City requested termination of the Settlement Agreement because the Settlement Agreement was intended to guide mutual cooperation on the Airp01i Master Plan and the approval of the Airp01i
Master Plan had been set aside; and
WHEREAS, on or about September 1, 2021, the County agreed to the City's request to terminate the Settlement Agreement.
THEREFORE, in light of the foregoing facts and circumstances, IT IS HEREBY AGREED, by and between the Paiiies as follows:
1
ATTACHMENT A
Sept. 14, 2021 Item #4 Page 6 of 16
1. Termination of Settlement Agreement. The Settlement Agreement is
terminated forthwith and shall be of no further force or effect. All obligations and
responsibilities set f01ih in the Settlement Agreement are hereby terminated. Nothing
herein shall be construed as an admission that any provisions in the Settlement
Agreement or the manner in which the Settlement Agreement was approved were
unlawful.
The Pmiies, with the benefit of representation and advice of counsel, have read the
foregoing Termination and fully understand each and every provision contained herein.
WHEREFORE, the Parties have executed this Te1mination on the date(s) shown
below.
DATED: Sep 8, 2021
DATED: Sep 7, 2021
DATED:
DATED:
2
Scott Chadwick (Sep 8, 202110:26 PDT)
CITY OF CARLSBAD
By: Scott Chadwick
Its: City Manager
Office of City Attorney of the
City of Carlsbad
Celia Crewer
Celia Brewer (Sep 7, 202116:42 PDT)
By: Celia A. Brewer, City Attorney
COUNTY OF SAN DIEGO
By: JeffMoneda
Its: Director of Public Works
Office of County Counsel, San Diego
County
By: Joshua M. Heinlein, Senior Deputy
Sept. 14, 2021 Item #4 Page 7 of 16
1. Termination of Settlement Agreement. The Settlement Agreement is
te1minated forthwith and shall be of no further force or effect. All obligations and
responsibilities set forth in the Settlement Agreement are hereby terminated. Nothing
herein shall be construed as an admission that any provisions in the Settlement
Agreement or the manner in which the Settlement Agreement was approved were
unlawful.
The Parties, with the benefit of representation and advice of counsel, have read the
foregoing Termination and fully understand each and every provision contained herein.
WHEREFORE, the Parties have executed this Termination on the date(s) shown
below.
DATED:
DATED:
DATED:
DATED: September 7, 2021
2
CITY OF CARLSBAD
By: Scott Chadwick
Its: City Manager
Office of City Attorney of the
City of Carlsbad
By: Celia A. Brewer, City Attorney
COUNTY OF SAN DIEGO
By: JeffMoneda
Its: Director of Public Works
Office of County Counsel, San Diego
Cou
B Joshua M. Heinlein, Senior Deputy
Sept. 14, 2021 Item #4 Page 8 of 16