Loading...
HomeMy WebLinkAbout1997-07-22; City Council; Resolution 97-548e 0 1 2 3 4 5 6 7 8 9 10 11 - 12 urn SLU? ;$& <a8 iUU Ow% 2045 Ed$ d-->O 9 OOLL 8 a- S&%< OZLO 00s LOO3 E25 50 n~qa <o-l 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 Ill 111 Ill Ill e 0 1 2 3 4 5 6 7 8 9 10 11 00, $Em un,O Ow% a> SWE SZV iU, ~k$h nOn9 2;SS $220 rrrr%d ZZ% F:i? <a1 50 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 2 e a 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. 1 e e 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 2