HomeMy WebLinkAboutCity Council Resolution 1012 RESOLUTION NO. 1012
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SARATOGA AUTHORIZING AND APPROVING THE EXECUTION,
DELIVERY AND IMPLEMENTATION OF THAT CERTAIN
STIPULATION FOR SETTLEMENT RELATING TO MCBAIN &
GIBBS, INC., A CALIFORNIA CORPORATION VS. CITY OF
SARATOGA, A MUNICIPAL CORPORATION, ET AL., UNITED
STATE DISTRICT COURT, NORTHERN DISTRICT OF CALIFORNIA,
CASE NOS. C 803432 SC and C 80 3432 WAI, SJ, AND
MCBAIN & GIBBS, INC., A CALIFORNIA CORPORATION VS.
CITY OF SARATOGA, A MUNICIPAL CORPORATION, ET AL.,
SANTA CLARA COUNTY SUPERIOR COURT NO. 466491 AND
MCBAIN & GIBBS, INC., A CALIFORNIA CORPORATION VS.
CITY OF SARATOGA, A MUNICIPAL CORPORATION, ET AL.,
SANTA CLARA COUNTY SUPERIOR COURT NO. 468969.
A. McBain & Gibbs, Inc., a California corporation,
("McBain & Gibbs") is plaintiff and the City of Saratoga, a
municipal corporation, et al ("City"), is defendant in that
certain action entitled McBain & Gibbs, Inc., a California
corporation vs. City of Saratoga, a Municipal Corporation, et
al., Nos. C 803432 SC and ~ 80 3432 WAI, SJ, now pending in
the United States District Court, Northern District of
California ("the federal action").
B. In the federal action McBain & Gibbs request that
the Court declare Measure A invalid and that a permanent
injunction be issued requiring City to process and issue
necessary permits for the development and improvement of
Tract 6628 ("We property"). Said suit also asserts violation
cf plaintiff's civil rights and seeks actual damages in an
unspecified amount for injuries suffered to date of judgment,
punitive damages in the amount of $1,000,000.00 and attorneys'
fees and costs.
C.. McBain & Gibbs, Inc., a California corporation,
("McBain & Gibbs") is petitioner and the City of Saratoga,
a municipal corporation, et al, is respondent in that certain
action entitled McBain & Gibbs vs. City of Saratoga, et al.,
No. 466491 nowpending in the Superior Court of the State
of California for the County of Santa Clara (State Action No.
t).
D. In State action No. 1, McBain & Gibbs filed a
petition for writ of mandate seeking among other things an
order that City process and grant McBain & Gibbs grading and
building permits for Tract 6628.
E. City and City Council are plaintiffs and McBain &
Gibbs is defendant in that certain action entitled City of
Saratoga, et al vs. McBain & Gibbs, Inc., No. 468969 now pending
in the Superior Court of the State of California for the County
of Santa Clara (State Action No. 2").
F. In state action No. 2, City seeks a declaration
from the court that Measure A is constitutional and valid both
under federal and state law and that the actions of the City
Council in enforcing and implementing Measure A is legal and
valid both under federal and state law.
G. The City and City Council appeared in the federal
action and state action No. 1 and each and all denied and
continued to deny each and every one of McBain & Gibbs' allegations
as to all issues and in all respects.
H. McBain & Gibbs, C~ty and Council Members acknowledge
that all claims which have been or could have been made by
McBain & Gibbs in the Federal action and State Action No. 1
are disputed by City and all other defendants as to validity
and any other aspect. Without admission of either validity
or any other aspect of federal action or state action No. 1,
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City, Council Members, and McBain & Gibbs desire and intend
fully and finally to compromise and settle all such contentions
and other matters in controversy among them.
NOW, THEREFORE, the City Council of the City of
Saratoga, resolves as follows:
1. The City Council hereby authorizes and approves
the execution, delivery, and implementation by City Manager of
a stipulation for settlement on the terms and conditions as
set forth in said stipulation for settlement attached hereto
as Exhibit "A" and incorporated herein by reference and any and
all other documents necessary to consummate such stipulation for
settlement. Recitals A through H hereinabove are incorporated
herein by reference.
2. The City Council will authorize and direct that
covenants, conditions, and restrictions referred to in para-
graph 2 of said stipulation for settlement be recorded in the
Office of the Recorder of Santa Clara County.
PASSED AND ADOPTED at an adjourned regular meeting
of the City Council of the City of Saratoga, held on the 2nd
day of June, 1981, by the following vote:
AYES: Cbuncilmembers Clevenger, Mallory, Watson, Mayor Ca lion
NOES: CouncilmemberJensen
ABSENT None
City of Saratoga
ATTEST:
" City Clerk ~'
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