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HomeMy WebLinkAbout2003-018 ECOSLO *AW : CITYO d' CO;VTRAC�� — AGREEMENT OF SETTLEMENT AND COMPROMISE This Agreement of Settlement and Compromise ("Agreement") is made and entered this41"day of May 2003 by and between the City of Atascadero ("the City") and the Environmental Center of San Luis Obispo ("ECOSLO"). Recitals A. On or about June 25, 2002, the City adopted City Council Resolution No. 2002-031 (General Plan Amendment 2000-0001) which had the effect of amending the City's existing General Plan ("the General Plan Amendment"). B. On or about July 26, 2002, ECOSLO filed the lawsuit entitled ECOSLO vs. City of Atascadero et al., San Luis Obispo Superior Court Case No. CV 020723 ("the Lawsuit"). ECOSLO, through the lawsuit, contended, among other things, that (i)the environmental impact report for the General Plan Amendment was legally inadequate and (b) the General Plan Amendment otherwise violated state law. C. The parties met on several occasions in an attempt to arrive at a settlement of the Lawsuit. The parties have reached an agreement of settlement and compromise on the terms and conditions set forth herein. NOW, THEREFORE, the City and ECOSLO agree as follows: 1. Dismissal of Lawsuit. Concurrent with the execution of this Agreement by the parties, ECOSLO will deliver to the City a fully executed Request for Dismissal of the Lawsuit as to all parties,with prejudice. The City will file the Request for Dismissal and provide ECOSLO with a file-endorsed copy. 2. Mutual Release of Liability. The parties hereby and forever release and discharge each other and their respective members, representatives, employees, consultants, officials, agents,boards, committees, consultants, attorneys, successors and assigns from any and all claims, disputes, causes of action, fees and costs that arose from or in relation to the adoption of the General Plan Amendment including alleged deficiencies in the General Plan as a result of the General Plan Amendment, the environmental review for the General Plan Amendment, the proceedings leading up to the General Plan, the filing of the Lawsuit, or any matter raised or that could have been raised in the Lawsuit, and any claim for costs, expenses or attorney fees incurred in relation to the General Plan Amendment or in the Lawsuit. Each party shall bear their own costs and attorney fees incurred in the Lawsuit. 3. CitObligations. The City has agreed to take the following actions: (i) The City will complete the Master Sewer Plan on or before December 31, 2003. The City Staff will propose to the City Council, and the City Council will consider - 1 - *r' in good faith, an ordinance to the effect that property owners with existing residential dwellings would only be required to connect to the public sewer system if their system has failed. A septic system has failed if(a) effluent has escaped to the surface, or otherwise jeopardizes ground or surface water, and(b) it cannot be repaired or replaced consistent with Appendix K of the UPC within a reasonable time. (ii) The City is in the process of completing a habitat survey for plant communities within the City. This survey, when completed,will be used as a basis for preparing a map of wildlife corridors and habitat in the City. The City will use reasonable efforts to complete this survey in 2003. (iii) The City will complete a fiscal analysis of the impact of the zoning and density changes that are likely to occur as a result of the General Plan Amendment. This analysis will be completed by the City Manager within a reasonable time but no later than the end of 2004. The parties recognize that the current budgetary crisis in California may impact the completion of this survey. (iv) The City will provide ECOSLO with a map that delineates the property lines within and adjacent to the Salinas River. Further, the City, as a property owner,will participate in reasonable efforts to manage and control the Salinas River Corridor. (v) The City hereby acknowledges that it has an existing policy to acquire open space easements where feasible. It is also the City's policy to seek the dedication of open space easements where legally permissible. (vi) The City will adopt a 35-foot interim setback along Atascadero Creek and Graves Creek. This setback will remain in place until the City adopts an ordinance establishing permanent creek setbacks. The City will provide notice to ECOSLO of all land use proposals on the property known as Dove Creek. (vii) The City will amend Table II-3 of the General Plan to show that the listed figures are projected build out and not the maximum build out. (viii) The Atascadero Mutual Water Company is in the process of preparing an urban water study. The City will use the urban water study to analyze the water demands of future development projects. Nothing in this paragraph shall be construed to preclude the City from using other studies, reports, expert analysis or other similar information in its analysis of water demands. 4. No Admission of Liability. This Agreement is entered in settlement and compromise of a lawsuit and should not be construed as an admission or representation of the merit, or lack thereof, of any lawsuit or dispute. - 2 - 5. Entire Agreement. This Agreement is the sole Agreement between the parties with respect to the matters addressed herein. Except as expressly provided herein,neither party is relying on any statements or representations of the other. City of Atascadero v e Clay, . ayor E ironmental Center of San Luis Obispo Pamela Marshall Heathe 'ngton 4�1 Executive Director G:\Atascadero\Memo\AGREEMENT OF SETTLEMENT AND COMPROMISE-FINAL 0513.doc - 3 -