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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Superior Court Case No. 37-2018- 00057624-CU-TT-CTL), the county set aside its certification of the Final PEIR and rescinded and vacated its approval of the Airport Master Plan; and WHEREAS, on or about June 11, 2021, the city requested termination of the Settlement Agreement because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